For foreign nationals wishing to live in Türkiye without a time limit, the instrument provided for by the legislation is the long-term residence permit. Where the conditions laid down in the Law on Foreigners and International Protection No. 6458 are satisfied, this permit is issued by the governorships with the approval of the Ministry of the Interior. Two basic criteria lie at the core of the permit: that the foreign national has remained in the country continuously for at least eight years under a residence permit, and that they have not benefited from social assistance in the last three years and possess a regular and sufficient income. A foreign national who satisfies these criteria required by the Law may qualify for the permit.
It should be noted that even where these conditions are not satisfied, foreign nationals who meet the criteria determined by the Migration Policies Board may also benefit from the permit. There is, by contrast, one requirement that does not change in any scenario: when the application is assessed, a conclusion must have been reached that the foreign national does not constitute a threat in terms of public order or public security.
Holders of the permit enjoy, in the same way, the rights granted to Turkish citizens, subject to a limited number of exceptions. Those exceptions include the military service obligation, the right to vote and to stand for election, and the right to become a public official. Below we examine the nature of the permit, the conditions required, the calculation of the period, the opportunities it affords, and the action available in the event of an unfavourable decision.
Nature of the Long-Term Residence Permit
The status referred to in practice as an “indefinite residence permit” corresponds in the legislation to the long-term residence permit. This is the name given to the type of permit for which foreign nationals who have remained in the country under a residence permit continuously for at least eight years and who also meet the criteria set by the Migration Policies Board may apply. A foreign national who obtains the permit acquires the right to remain in the country indefinitely, without any obligation to make a fresh application for an extension of time.
Conditions Required for the Permit to Be Granted
Article 43 of the Law on Foreigners and International Protection governs the criteria a foreign national must satisfy for the permit to be granted. Accordingly, the applicant must:
- Not constitute a threat in terms of public order or public security,
- Have been present in Türkiye continuously for at least eight years under a residence permit,
- Have a regular and sufficient source of income suitable for meeting their own subsistence and, where applicable, that of their family,
- Hold valid health insurance,
- Not have received social assistance during the last three-year period.
Even where the applicant cannot satisfy these criteria, it remains possible for them to obtain the permit if they meet the conditions determined by the Migration Policies Board. Whichever scenario applies, however, it will be separately investigated whether the foreign national constitutes a threat in terms of public order or public security.
How the Eight-Year Continuous Residence Period Is Calculated
As noted above, the foreign national must have been present in Türkiye continuously for eight years before the application on the basis of a valid residence permit. The date taken as the basis for the calculation is the date on which the application for the long-term residence permit was made. Periods spent abroad and periods spent in the country without a residence permit are left out of that calculation.
Where a retrospective review of one year establishes that the foreign national was present in Türkiye for fewer than 180 days in the year in question, the review is extended to the last 5-year period. If it is established that the time spent abroad in that five-year span exceeds 365 days, the application is concluded unfavourably.
Independently of the above, where it is established that the applicant remained abroad for a period exceeding six (6) months, the request is refused outright without any retrospective review being carried out.
Who May Be Granted a Long-Term Residence Permit
Within the framework of Article 42 of the Law on Foreigners and International Protection, the persons who may benefit from this permit may be listed as follows:
- Foreign nationals who have remained in the country continuously for at least eight years and who also meet the criteria determined by the Ministry,
- Foreign nationals who do not hold refugee, conditional refugee or subsidiary protection status,
- Foreign nationals who do not benefit from a humanitarian residence permit or from temporary protection.
Rights Conferred by the Permit and Areas Outside Its Scope
Holders of a long-term residence permit enjoy the rights granted to Turkish citizens, subject to certain exceptions. The areas falling outside its scope are military service, voting and standing for election, entry into public office, and the import of a vehicle under an exemption. In other words, the permit holder is not subject to a military service obligation in Türkiye; on the other hand, they may not vote, stand as a candidate or enter public office.
An important reservation nevertheless applies: the acquired rights of these persons in relation to social security are preserved, and the exercise of those rights is subject to the provisions of the relevant legislation.
The transactions of permit holders in Türkiye relating to residence, travel, work, investment, commercial activity, inheritance and the acquisition and transfer of movable and immovable property are conducted by the relevant institutions and organisations within the framework of the legislation applied to Turkish citizens. Where, however, the provisions of a special act require Turkish citizenship for the exercise of a right, holders of a long-term residence permit may not claim to benefit from that right.
Documents to Be Submitted With the Application
The documents requested by the provincial directorate of migration management at the time of application are as follows:
- The residence permit application form
- The original and a photocopy of the passport or the document replacing it
- 4 biometric photographs conforming to ICAO standards
- Health insurance
- Criminal record
- The receipts showing that the fees have been paid
- Documents proving financial means sufficient for the duration of residence
- A stamped and signed document confirming that no social assistance has been received in the last 3 years
- A document showing registration in the address registration system (AKS)
- A document establishing eight years of uninterrupted residence in Türkiye
- Where another residence permit has previously been held, the documents relating to it
- A document showing the place to be resided in if the permit is granted (title deed, lease agreement, etc.)
- Any additional documents considered necessary according to the particular circumstances
Although the list of documents is limited as set out above, the likelihood of error is high in applications pursued without legal advice. It will therefore be of benefit to obtain legal support so that the process may be completed soundly and properly followed thereafter.
Relationship Between the Long-Term Residence Permit and the Indefinite Work Permit
Under the International Labour Force Act, foreign nationals who hold a long-term residence permit or who have held a lawful work permit for at least eight years may apply for an indefinite work permit. The point we consider it useful to underline here is this: a foreign national who obtains an indefinite work permit also enjoys all the rights conferred by the long-term residence permit.
For the general framework on obtaining a residence permit in Türkiye, our article entitled How Is a Residence Permit Obtained? may be consulted.
Action for Annulment of a Refusal Decision
As set out in detail above, the applications of foreign nationals meeting the conditions required by the legislation are examined and decided by the administration. In certain cases the administration may refuse those requests on various grounds. The ground of refusal may be a failure to satisfy the conditions in the legislation, or an application made with incomplete or incorrect documents; equally, the decision may be taken within the framework of the administration’s discretionary power.
A foreign national whose application is refused may bring an action seeking annulment if they consider the decision unlawful. The action is brought before the administrative court of the place where the administration that established the decision is located. The time limit for bringing the action is 60 days from notification of the refusal decision to the person concerned.
Decisions of acceptance or refusal taken by the administration in respect of a request for a long-term residence permit are in essence administrative acts. For those acts to be regarded as lawful, they must accordingly contain in full all the elements they are required to bear. As explained in our note entitled Annulment of Administrative Acts, administrative acts found to be defective in at least one of the elements of competence, form, cause, subject matter and purpose may be annulled by the court.
Frequently Asked Questions
Is representation by a lawyer compulsory in an action for annulment?
Turkish law allows parties to defend and represent themselves in person before the courts; save for limited exceptions, representation by a lawyer is not compulsory. Nor is there any obligation to instruct an administrative law lawyer before the Administrative Courts. That said, the complex structure of administrative law legislation and the short and strict time limits in the Administrative Procedure Act may lead to irremediable errors of form or substance in files conducted by persons who are not lawyers. For that reason we recommend obtaining legal support from lawyers practising in the field of Administrative Law before any step is taken.
Where and how is the application made?
The application may be made online through the e-Residence system. The applicant must then obtain an appointment from the provincial directorate of migration management in the area in which they intend to reside.
May permit holders work directly?
Foreign nationals holding a long-term residence permit may not work in Türkiye on the basis of that permit; they must also obtain a work permit.
Is participation in elections possible?
Permit holders may not stand as candidates or vote in elections in Türkiye.
Does a military service obligation arise?
Persons holding a long-term residence permit are exempt from the compulsory military service duty in Türkiye.
What should be done if the permit is cancelled?
An action for annulment must be brought before the Administrative Courts within 60 days of the document stating that the permit has been cancelled being notified to the foreign national.
Independent Legal Assessment
In long-term residence permit applications, the great majority of unfavourable outcomes arise not from a deficiency going to the substance but from an erroneous calculation of the period. The total of days spent abroad often turns out to be higher than the applicant anticipated, and this undermines the criterion of eight years’ continuity. In the same way, short gaps between earlier residence permits may on their own leave the application without result.
In planning the process, it is prudent to give priority to the following headings:
- Obtaining entry and exit records before the application and verifying the calculation of the period
- Checking whether there is any interruption between earlier residence permits
- Preparing the documents establishing the regularity of income so as to cover the last three years
- Obtaining the document confirming that no social assistance has been received from the relevant institution with a current date
- Reviewing in advance any criminal records capable of affecting the public order assessment
- Documenting the date of notification in the event of a refusal decision and not missing the 60-day time limit
Independent Legal provides advisory and litigation services at the stages of preparing residence permit applications, remedying deficiencies, and bringing actions before the administrative courts against unfavourable decisions.