The preservation of family unity is one of the fundamental objectives pursued by the legislation on foreigners. That objective is given effect through a special category of permit granted to the relatives of Turkish citizens or of foreigners lawfully resident in the country. A substantial proportion of the applications encountered in practice come from foreign spouses who have married a Turkish citizen.
Viewed from the outside, this type of permit may appear simple enough to be reduced to the production of a marriage certificate. The legislation, however, lays down separate criteria for the person relied upon and for the applicant foreigner alike, and has established a system of scrutiny extending from the level of income to housing conditions, and from health insurance to the criminal record certificate. A single omission in the file may result in the refusal of the request.
Below we assess in detail to whom, and on what conditions, the family residence permit is granted, how the application is conducted, which documents must be assembled, the duration of the permit and its extension, the legal remedies available where it is refused or cancelled, and the possibility of transferring to another type of permit.
Definition of the Permit and the Concept of the Sponsor
The family residence permit is a category of residence permit issued for the foreign spouses of Turkish citizens or of foreigners present in Türkiye under a valid residence permit, and for their own minor children or those of their spouses.
The concept of the sponsor (destekleyici) lies at the centre of the system. The status of sponsor is available to Turkish citizens, to Blue Card holders, to foreigners granted refugee or subsidiary protection status, and to foreign nationals present in Türkiye under a residence permit. The application draws its force not from the foreigner's own position but from the family tie established with that person.
The persons who may seek a permit by relying on a sponsor are determined exhaustively: the sponsor's foreign spouse, the sponsor's minor foreign child, the minor foreign child of the sponsor's spouse and, in addition, the dependent adult child of the sponsor or of the spouse. In requests made on behalf of a child, the consent of the other parent must be submitted whatever the custody arrangements may be.
The Restriction Applied Where There Is More Than One Spouse
Where the law of the sponsor's country of nationality permits polygamy and the sponsor is married to more than one person, a family residence permit may be granted to only one of those spouses.
In that case the route of family reunification is closed to the remaining spouses; they are not, however, prevented from applying for one of the other types of residence permit whose conditions they satisfy. Comparative information on all types of residence permit is addressed in the note entitled how to obtain a residence permit.
The Conditions Required by the Law
The criteria that must be met for a family residence permit to be granted are laid down in Art. 35 of the Law on Foreigners and International Protection No. 6458. Rather than gathering those criteria in a single list, the legislator has dealt with them in two separate groups, one concerning the sponsor and the other the applicant foreigner.
The Criteria Required of the Sponsor
The matters that the person relied upon — whether a Turkish citizen, a Blue Card holder or a foreigner present in the country under a residence permit — is expected to satisfy are as follows:
- Holding a record showing registration in the address registration system,
- Having obtained a criminal record certificate,
- Having regard to the number of family members, residing in accommodation compatible with general health and safety standards and having taken out health insurance covering the whole of the family,
- Having a total income that does not fall below the minimum wage and that, when divided among the members of the household, does not fall below one third of the minimum wage per person,
- Where a foreign national, having completed one year of residence in Türkiye under a residence permit.
Two exceptions are provided for in respect of the last condition. A one-year residence history is not expected of the foreign spouses of Turkish citizens, nor of persons present in the country under a residence permit for the purpose of scientific research.
What Is Expected of the Applicant Foreigner
The matters required of the foreign spouse or child seeking the permit are as follows:
- That the applicant is the foreign spouse of the sponsor and that this tie is established by a marriage certificate or a document serving the same function,
- That, in applications made on behalf of a child, it is proved by information and documents that the child is the minor or dependent adult child of the sponsor or of the sponsor's spouse,
- That it is shown that the applicant actually lives in the same household as the sponsor, or that there is an intention to establish such a life,
- That the marriage has not been contracted with a view to obtaining a residence permit,
- That the applicant foreign spouse has completed the age of 18,
- That all the conditions listed for the sponsor, apart from the one-year residence history, are also satisfied by the applicant.
The manner in which the age condition has been drafted is also notable. Instead of a relative concept such as "attaining majority", the text adopts the criterion of having completed the age of 18. The practical consequence is this: even where the spouses have attained majority under their own national law, they cannot benefit from this permit if they are under 18.
Conduct of the Application and the Administrative Timetable
The process begins with an application form completed through the e-ikamet portal and continues with an application made to the provincial directorate of migration management.
Once the preliminary application has been completed electronically, the form is printed out and signed. The system allocates the applicant a date and time for an appointment; on the date so fixed the file is submitted to the provincial directorate of migration management together with the documents prepared. The administration examines the request in terms of both the conditions and the documents and reaches a favourable or unfavourable decision within 90 days at the latest.
In practice the decision is most often issued within 15 to 30 days; the 90-day period is the maximum limit binding upon the administration.
A foreigner whose application is awaiting assessment is issued, at that stage, with an application document enabling them to remain in the country. That document does not entirely prevent travel abroad; the period spent abroad on each departure must not, however, exceed 15 days.
Given the level of detail of the procedure, conducting the formalities under the supervision of a specialist in the law on foreigners is important in order to forestall omissions that are difficult to remedy.
Documents to Be Included in the File
The documents requested serve to establish that the conditions on which the permit rests are genuinely met. The list of documents falls under three headings: those to be submitted by the applicant foreigner, those to be obtained by the sponsor, and the common documents that come into play where the application is made on behalf of a child. The common documents concern the child's legal position and may be produced by either party.
Documents the Foreigner Places in Their Own File
- The family residence permit application form, printed out and signed following the preliminary application on the e-ikamet portal,
- The original of the passport or of the document serving in place of a passport, together with a photocopy,
- The marriage certificate,
- Four biometric photographs taken within the last six months,
- The receipt showing that the residence permit fee has been paid.
Documents to Be Obtained by the Sponsor
- Where the sponsor is a Turkish citizen, the original and a photocopy of the identity card; where a foreigner, the original and a photocopy of the residence or work permit together with the passport; and, for persons holding refugee or subsidiary protection status, the original and a photocopy of the identity document,
- A signed and certified document establishing that the sponsor has the financial means to support themselves and their family,
- Health cover for the sponsor and all family members extending over the whole duration of the residence permit (in respect of universal health insurance, the document evidencing the application made to the Social Security Institution (SGK) is submitted together with the signed and stamped original of the private health insurance policy),
- A criminal record certificate,
- A certificate of residence,
- A document establishing registration in the address registration system,
- Where the accommodation is owned by the sponsor, a photocopy of the title deed record; where it is rented, a notarised copy of the lease agreement.
Common Documents in Applications Made on Behalf of a Child
- The child's certified birth certificate,
- A certified custody document; where the parents have divorced, a certified deed of consent obtained from the other parent,
- Where the other parent is not living, the death certificate.
Part of this documentation is obtained from abroad. Official documents procured from a foreign country must be certified by the Turkish consulate in the country of which the person concerned is a national, or must bear an apostille. Documents drawn up in a foreign language must be submitted to the provincial directorate of migration management together with notarised sworn translations.
The Health Insurance Requirement
For foreigners planning to stay in Türkiye for a period exceeding one year, a valid health insurance policy is among the preconditions for the permit to be issued.
That cover must be obtained not from a company in the applicant's own country but from private insurance companies operating in Türkiye, and must be effective within the borders of the country. Where the sponsor is a Turkish citizen insured under the Social Security Institution, however, no separate foreign health insurance is required for the spouse or for the child on whose behalf the application is made.
Duration of the Permit and Its Dependence on the Sponsor's Permit
The upper limit laid down for the family residence permit is three years. Within that limit it is for the provincial directorate of migration management to determine the period to be granted. Upon expiry of the period a renewal may be sought, and the renewed permit is likewise issued for a maximum of three years.
Where the sponsor is a foreigner, an additional limit comes into play: since the sponsor is themselves present in the country under a residence permit, the duration of the family residence permit may not exceed the duration of that permit. If, for instance, two and a half years remain of the sponsor's residence permit on the date the permit is issued, the period that may be granted to the applicant will likewise be two and a half years at most.
Cost Items and Exemption from the Fee
On 2023 figures the total cost stands at approximately TRY 8,000. That amount breaks down roughly as follows: TRY 3,000 for the residence permit fee, TRY 3,000 for health insurance and TRY 2,000 for notarial formalities. Since the insurance premium rests on a contract concluded with private companies, it may vary according to market conditions.
Pursuant to the principle of reciprocity, the nationals of certain countries have been placed outside the residence permit fee. This fee is not collected from nationals of Denmark, Ireland, the Czech Republic, Kosovo, Sri Lanka, Syria and Turkmenistan.
Cases in Which the Request Is Refused
A decision of refusal is given where the conditions required at the time of the application have not been met, or where the deficiencies identified are not made good within the period allowed by the administration.
The grounds of refusal encountered in practice may be grouped under the following headings:
- Failure to satisfy the statutory conditions in respect of the applicant or the sponsor,
- Failure by the parties to produce the documents requested,
- The existence of a ban on the applicant's entry into Türkiye,
- The applicant carrying a contagious disease that constitutes a threat to public health,
- The grant of the permit giving rise to a risk to public health,
- The existence of a deportation decision taken in respect of the foreigner,
- A finding that the residence permit has been used otherwise than for the purpose for which it was granted,
- The discovery that the marriage was contracted by arrangement in order to obtain a residence permit,
- The making of untrue statements as to the conditions at the time of the application,
- The foreigner constituting a danger to public order or public security.
A foreigner whose request is refused is expected to leave the country within 10 days of the decision being notified to them. A deportation decision may be taken in respect of a person who does not comply with that obligation. Where, however, an objection has been lodged or an action for annulment brought against the refusal, the foreigner may continue to remain in Türkiye until those applications are concluded.
Remedies Available Against a Refusal
Two options are available in the face of an unfavourable decision: to lodge an objection with the competent authority, or to bring an action for annulment before the Administrative Court.
The objection is addressed to the authority that made the decision or to its superior authority. In an action for annulment, the court with subject-matter jurisdiction is the Administrative Court. The time limit for both remedies is 60 days, running from the date on which the refusal is notified to the foreigner or to their representative.
The rejection of an objection does not close off the route of an action for annulment; the person concerned may apply to the Administrative Court after that stage as well. The detailed regime governing the subject is addressed in the note entitled refusal of a residence permit application.
Cancellation of a Permit Already Granted
Cancellation arises where it emerges, after the permit has been issued, that the conditions of validity required at the application stage did not in fact exist.
By way of example, where it is subsequently established that there is no legally valid marriage tie between the sponsor and the applicant, the permit is cancelled. In addition, the permit of a foreigner who does not enter the country within six months of its grant is likewise revoked.
Divorce, by contrast, is not as a rule regarded as a ground of cancellation; it constitutes a ground only for refusing a request for extension. A spouse whose marital union has come to an end may continue to remain in the country until the permit held expires; thereafter it is also open to that person to apply for another type of permit.
Objection and Action Against a Cancellation
The course to be followed against a cancellation is the same as that laid down against a refusal. The measure is notified to the foreigner; within 60 days of the date of notification an objection may be lodged with the competent authority, and an action for annulment may equally be brought before the Administrative Court.
The circumstances in which a permit is revoked, the legal remedies that may be used and the matters to be observed in the process are set out in detail in the note entitled cancellation of a residence permit.
Requests Made on the Basis of a Sham Marriage
Requests based on marriages of convenience contracted in order to obtain a residence permit are not accepted. Where the fact that the marriage is not genuine emerges after the permit has been granted, the permit already issued is likewise cancelled.
This scrutiny is carried out at regular intervals by a commission formed within the governorates. The commission conducts its assessment by reference to the existence of indicators pointing to the marriage being a sham. A marked age difference between the spouses, the absence of a common language and the fact that the parties live in separate dwellings may be given as examples of such indicators.
Extension of the Period
A request for extension also follows a course similar to the initial application. The relevant form is completed and the preliminary application made through the e-ikamet system operated by the Presidency of Migration Management; the documents are then prepared and the formality is completed by submitting the file on the appointment date given by the provincial directorate of migration management.
There is a critical limit as regards timing: the request for extension must be made within the final 60 days before the expiry of the existing permit. Once that window has closed the route of extension can no longer be used; the foreigner may be obliged to make a fresh residence permit application, failing which they face the risk of deportation.
Where, after the permit has been obtained, there is a change in the passport details or in the entries appearing on the family residence permit document, this must be notified to the provincial directorate of migration management within 20 days.
The details of the extension procedure are explained in the note entitled extension of a residence permit.
Documents Required for an Extension
The documents required in an extension file largely coincide with those requested for the initial application. In addition, a printout of the application form completed electronically and a photocopy of the residence permit currently in force are added to the file.
Refusal of a Request for Extension
Where any one of the conditions has not been met, the request for extension is refused. In addition, a finding that the permit has been used contrary to the purpose for which it was granted also constitutes a ground of refusal.
Remedies Against a Refusal to Extend
Where a request for extension is refused, the remedies available are the same as those laid down in respect of the refusal of an initial application.
The foreigner may lodge an objection or bring an action for annulment within the 60-day period. The objection is addressed to the authority that gave the refusal decision or to the authority above it; the action for annulment is heard before the Administrative Court.
The Cost of the Extension Procedure
For 2023 the costs of extension are calculated at approximately TRY 8,000. That amount comprises TRY 3,000 in fees, TRY 3,000 for health insurance and TRY 2,000 in notarial expenses. These figures are updated each year.
The Position of a Foreigner Subject to an Entry Ban
A foreigner who is banned from entering Türkiye cannot obtain a family residence permit, since the existence of an entry ban is expressly listed among the grounds of refusal.
A foreigner in respect of whom a deportation decision has been taken may nevertheless be granted a special annotated visa for the purpose of entering the country. That visa should not, however, be regarded as taking the place of a family residence permit; the two serve different legal functions. The details concerning the annotated visa appear in the note entitled how to obtain a special annotated visa.
Children's Right to Education
The foreign child of a foreigner present in Türkiye under a family residence permit may pursue their primary and secondary education in the country for as long as the permit remains valid. The condition for benefiting from this is that the child has not completed the age of 18.
A different course applies to students who have passed the age of 18. Such persons wishing to study at institutions of higher education must apply for a student residence permit.
The Limit as Regards the Right to Work
A family residence permit does not confer on its holder the right to work in the country. The balance struck in Turkish law operates in one direction only: work permits also take the place of a residence permit, whereas residence permits do not serve as a work permit.
As with other types of residence permit, a foreigner holding a family residence permit must separately obtain a work permit in order to work in an employed or self-employed capacity.
The Fate of the Permit on the Death of the Sponsor
The death of the sponsoring spouse does not of itself bring to an end a family residence permit already issued. The permit retains its validity until the end of the period granted.
If, once that period has expired, the foreigner wishes to continue to remain in Türkiye, they may apply for one of the other types of residence permit whose conditions they satisfy.
Transfer to Another Type of Permit
An application for transfer is made to the governorate within 10 days by a foreigner whose existing residence permit is to be cancelled because the conditions on which it rests have ceased to exist, or because a new ground requiring a different type of permit has arisen.
Transfer may operate in both directions: it is possible to move from a family residence permit to another type, just as it is possible to return to a family residence permit from a different type of permit. A foreigner who transfers continues to benefit from the rights afforded by the previous permit if they continue to satisfy the conditions on which that permit rested.
This situation may be made concrete by an example. A foreigner present in the country under a student residence permit who marries a Turkish citizen and satisfies the other conditions required may transfer to a family residence permit. For as long as their student status continues, that person also continues to exercise their rights in relation to education and may pursue their studies in Türkiye.
A foreigner seeking a transfer must both satisfy the conditions of the type of permit sought and make the application within the time limit; otherwise a decision of refusal will follow. Detailed explanations on the subject may be found in the note entitled residence permit transition application.
Independent Legal's Assessment
The family residence permit is one of the more frequently invoked institutions of the law on foreigners, yet also one whose conditions are regulated in the greatest detail. Acceptance of the request depends not only on the existence of a family tie but on the income, accommodation, insurance and criminal record criteria being established by documentary evidence. A file prepared incorrectly or incompletely results in the permit being refused; and where the time limit for bringing an action is also missed, the process may be prolonged unpredictably.
A substantial part of the problems encountered in practice arises not from errors of legal assessment but from failures in the management of timetables and documents. Planning the process as a coherent whole from the outset reduces the effort that must be expended at the objection stage.
In preparing a particular file, we recommend that the following heads be observed in particular:
- Calculating, before the application is made, whether the sponsor's income, when divided by the number of members of the household, exceeds the threshold of one third of the minimum wage per person,
- Ensuring that the requirement of consular certification or an apostille, together with sworn translation, is fully satisfied for documents to be obtained from abroad,
- Making the request for extension within the 60-day window before the expiry of the permit, and noting that timetable from the outset,
- Monitoring the 60-day period for bringing an action, which runs from notification of the refusal or cancellation, by reference to the notification document,
- Including in the file at the application stage evidence of cohabitation supporting the genuineness of the marital union,
- Bearing in mind from the outset, for foreigners who intend to work, that a residence permit does not serve as a work permit.
Independent Legal provides advisory services and conducts litigation throughout the process in the field of the law on foreigners, from the preparation of residence permit applications to the objections and actions for annulment to be pursued against decisions of refusal and cancellation.