For foreigners who have long been living in Türkiye on a residence permit, the way to escape the burden of continual renewal is the long-term residence permit. Granted to those who have remained in the country on a residence permit for eight uninterrupted years, this permit is indefinite in character and affords its holder a legal position close to that of Turkish citizens.
The permit requires an application to be made together with the necessary documents. Where the request is refused, or where an existing permit is subsequently cancelled, the routes of administrative objection and an action for annulment are available.
In this briefing note we assess, in turn, the definition of the permit and its statutory basis, the operation of the application, how the eight-year period is calculated, the manner in which the income criterion is determined, the documents to be placed in the file, the rights the permit confers, the grounds of cancellation, the exception granted to foreigners of Turkish descent, its relationship with the indefinite work permit, and its effect on a citizenship application.
Definition of the Long-Term Residence Permit
This permit is an indefinite residence permit granted to foreigners who have remained in Türkiye on a residence permit for at least 8 uninterrupted years, or who satisfy the criteria determined by the Ministry of Interior. A foreigner who qualifies for the permit obtains an indefinite right of residence without paying any fee and without any need to obtain a work permit separately.
How Is the Application Made?
The permit is obtained by first creating a preliminary application through the e-residence system and then applying to the provincial directorate of migration management with the document file on the date allocated by the system.
The steps by which the initial application is created through e-residence are explained in a separate note entitled e-residence goc.gov.tr application and appointment booking.
Conditions Required for the Permit to Be Granted
The conditions sought are laid down in Article 43 of the Law on Foreigners and International Protection No. 6458. Under that provision, the foreigner must:
- Have remained in Türkiye on a residence permit for at least 8 uninterrupted years
- Not have benefited from social assistance within the last 3 years
- Have a sufficient and regular source of income capable of meeting the subsistence of himself or herself and, where applicable, of the family
- Have valid health insurance
- Not constitute a threat in terms of public order or public security
The picture is different as regards foreigners granted the permit because they satisfy the criteria determined by the Ministry of Interior, without relying on the eight-year residence condition. For these persons, only the condition of not constituting a threat in terms of public order and public security is sought; the other conditions are not required.
Foreigners who do not satisfy the conditions listed may turn to other types of permit; on this subject, the note entitled how a residence permit is obtained will serve as a guide.
Calculating the Eight-Year Period
The starting point in the calculation of the period is the date on which the residence permit application is made. The provincial directorate of migration management works backwards from that date and establishes whether the period has been uninterrupted.
The examination of continuity is carried out in the following sequence:
- The date taken as the basis for the calculation is the date of application. Periods spent by the foreigner abroad, and periods spent in Türkiye without a residence permit, are treated as interruptions.
- Segments of 1 year each are formed working backwards from the date of application. If there is no interruption exceeding a total of 180 days within a segment, the examination passes to the preceding segment; this check is continued until the eight years are complete.
- Where there is no interruption exceeding 180 days in the annual segments, it is then examined whether there is any interruption exceeding a total of 365 days in the last 5-year period.
- The requests of foreigners who, within the eight years, have spent — at one time or consecutively — a period exceeding 6 months abroad or in Türkiye without a residence permit are refused without the segment calculation even being reached. The previous permit periods of foreigners in respect of whom deportation proceedings have been applied are not included in the total.
The type of permit is also decisive in the aggregation of the periods. If the foreigner has remained in Türkiye on a student residence permit, only half of that period counts towards the eight-year calculation. Periods spent under other types, such as short-term and family permits, are included in the calculation in full.
The Sufficient and Regular Income Criterion
Three fundamental criteria are observed in determining whether the income condition has been satisfied:
- That the foreigner has the financial means to meet monthly expenditure at the level of the net minimum wage in force in the year of application
- That, provided the total does not fall below the minimum wage, he or she has the means to meet expenditure amounting to one third of the minimum wage for each family member, including himself or herself
- That undertakings given by third parties are not accepted in establishing the source of income
The administrative authorities assess, on the basis of these criteria, whether the applicant has a regular and sufficient income. Those criteria are the fundamental elements sought as regards the income condition.
Beyond these, in certain situations a separate examination may be conducted on the following matters:
- The source of the income may be established through items such as income from immovable property, rent, salary, commercial profit, inheritance or savings.
- If an undertaking is to be submitted as regards financial means, this must be stated and the deed of undertaking must be added to the application documents.
- From foreigners whose declaration is not considered sufficient, the administration may request one of the following documents: a pension allocation certificate together with a pensioner identity card; the bank passbook into which the pension is paid; or, from those who declare that they are still in paid employment while retired, a workplace support premium certificate.
- An international credit card; in that case a document showing the account movements for not less than the last 6 months and the current limit must be submitted. A bank passbook; in that case too, account movements for at least the last 6 months are produced.
- A current and certified income document bearing a statement that there is no record of attachment against it.
- A stamped and signed company letter showing the amount held at the bank for the period of stay; the company’s authorised signature circular must also be submitted together with this document.
- A bank document establishing the income derived from deposits.
- Where there is rental income, the title deed of the immovable together with a lease agreement not older than 2 years. As regards self-employed persons, a photocopy of the tax certificate of the firm of which they are the owner or a partner, the trade registry gazette, the signature circular, the balance sheet and income statement for the last 3 years certified by the tax office or by a sworn financial adviser, the current-year trial balance, and a certificate of registration with the Chamber of Tradesmen and Craftsmen or a certificate of activity.
- Where the document showing the declaration of income has been obtained from abroad, a notarised copy of its Turkish translation made through a sworn translator.
Documents to Be Placed in the Application File
The documents required for a long-term permit are as follows:
- Residence permit application form
- 4 biometric photographs
- Photocopy of the passport or of the document replacing the passport
- Photocopy of the previous residence permit document (the original of the document is handed over on the day of the appointment)
- The original of a signed and sealed document showing that no social assistance has been received within the last 3 years (it may be obtained from the Social Assistance and Solidarity Foundations within the governorships and district governorships)
- The original of a signed and sealed document attesting that sufficient and regular financial means are available for the duration of the stay
- Criminal record
- A receipt or document showing that the residence permit card charge has been paid
- Valid health insurance
- A document showing registration with the address registration system
- A document establishing the place of accommodation (such as a notarised copy of the lease agreement, a photocopy of the title deed, or a letter attesting to a stay at a hotel or similar establishment)
Where the application is made on behalf of a child, the following documents are placed in the file in addition:
- A certified birth certificate, where the identity of the parents cannot be ascertained from the passport, from the document replacing the passport, or from the national identity card
- A certified deed of consent in situations where one of the parents is absent; where one of the parents has died, a certified death certificate to be produced by the other spouse
- Where there has been a divorce, a certified custody document relating to the child
- Where the applicant is under 18 years of age, a certified deed of consent to be drawn up by the mother, father or legal representative abroad, together with a notarised deed of undertaking to be given by natural or legal persons in Türkiye, on condition that this is specified in that deed of consent
The process contains numerous steps, extending from the obtaining of documents to the performance of the procedural formalities. These steps must be completed in the manner prescribed by law; an error or deficiency in the file constitutes a direct ground for a decision of refusal.
The Health Insurance Condition
The applicant must have valid health insurance; otherwise the request is refused. For this condition to be accepted as satisfied, the submission of one of the following four documents is sufficient:
- A signed and sealed document obtained from the provincial social security units showing that health services are used in Türkiye under bilateral social security agreements
- A signed and sealed entitlement document obtained from the Social Security Institution (SGK); in family residence permits, the SGK entitlement must cover both the sponsor and the family members
- A signed and sealed document relating to an application made to the SGK for the purpose of becoming insured under universal health insurance
- Private health insurance; the policy must have a term of at least 1 year and the signed and sealed original must be produced at the time of the application
Rights Conferred by the Permit
Foreigners holding a long-term permit are in a markedly advantageous position compared with those present in Türkiye under other types of permit. Save for a limited number of exceptions, these persons enjoy the same rights as Turkish citizens.
Under Art. 44(1) of the Law on Foreigners and International Protection No. 6458, the foreigners in question enjoy the rights granted to Turkish citizens — with the exception of military service obligations, the right to vote and to stand for election, entry into public service and the right to import a vehicle exempt from duty, and save for the arrangements laid down in special laws — provided that their acquired rights in relation to social security are reserved and that, in exercising those rights, they are subject to the provisions of the relevant legislation.
For How Many Years Is the Permit Granted?
The long-term permit is issued to a foreigner whose application is accepted on an indefinite basis. For that reason, once the permit has been granted, the foreigner may reside in Türkiye for as long as he or she wishes without any need for an extension procedure.
How Long Does the Application Take to Conclude?
The permit is issued within approximately 1 month following the application. This period may vary according to the workload of the provincial directorate of migration management to which the application was made.
PLEASE NOTE: A further obligation arises for foreigners whose request has been approved and who have taken delivery of the long-term permit document: they must register with the address registration system within 20 working days at the latest of the date of delivery.
Fees and Costs
Application costs stand, as at 2023, at an average level of TRY 8,000. That amount covers notarial expenses, health insurance costs and the residence permit card charge.
PLEASE NOTE: As a rule, a fee is levied on residence permit applications. However, under Article 88 of the Fees Act, the permit is granted free of any fee to foreigners who apply for a long-term residence permit.
Who Cannot Benefit from This Permit?
Under the legislation, persons holding conditional refugee, refugee and subsidiary protection status, together with holders of a humanitarian residence permit and those in respect of whom temporary protection is applied, cannot benefit from this permit, as they are deprived of the right to transfer to a long-term permit.
Refusal of the Application
A decision of refusal is given where the foreigner does not satisfy the conditions of the type of permit applied for. Within that framework, a deficiency in the documents prescribed by the legislation and a failure duly to perform the procedural formalities in the application likewise constitute grounds of refusal.
Objection and Action for Annulment Against a Refusal
Where the application is refused, an objection may be made against the decision and an action for annulment may equally be brought. The objection route is more practical in two respects: it is concluded within a shorter time, and the right to bring an action for annulment is preserved should the objection be rejected. By contrast, if an action for annulment is brought first, the right of objection may no longer be exercised.
The period allowed for an objection is 60 days, running from the day following the notification of the decision of refusal to the foreigner; the application is addressed to the provincial directorate of migration management of the governorship or to the Directorate General of Migration Management. Where an objection is made, the period for bringing an action for annulment is suspended.
An action for annulment, on the other hand, is brought within 60 days of the day following the notification of the decision of refusal, before the administrative court for the place where the authority that established the administrative act is situated. If the objection route has been pursued before the action was brought, the time elapsed between the notification of the decision of refusal and the date on which the objection was made is deducted from the 60-day period for bringing the action.
To explain by way of a concrete example: if the objection route was pursued on the 15th day after the day following notification, a period of 45 days remains for the action for annulment.
The note entitled refusal of a residence permit application, in which the grounds of refusal, the right of objection and the action for annulment are examined in all their detail, offers comprehensive information on this subject.
Cancellation of the Permit
Long-term permits may be cancelled in the situations set out in Art. 45(1) of the Law on Foreigners and International Protection No. 6458. Under the Law, the grounds of cancellation are gathered under two headings: that the foreigner constitutes a serious threat in terms of public order or public security, and that he or she has been outside Türkiye for a period exceeding 1 uninterrupted year for a reason other than health, education or compulsory public service in his or her own country.
Where the permit is cancelled, two legal routes are open to the foreigner: the objection route and the route of an action for annulment.
Objection and Action for Annulment Against a Cancellation
Foreigners whose permit has been cancelled may lodge an objection with the administration against that decision and may equally bring an action for annulment before the administrative court. The possibilities that may be pursued against a cancellation decision follow the same procedure as that explained above in respect of a decision of refusal.
The note entitled cancellation of a residence permit, in which all the stages of the cancellation process and the objection routes are comprehensively explained, contains detailed information on this subject.
Re-application by Foreigners Whose Permit Has Been Cancelled
Foreigners whose permit has been cancelled because they remained outside Türkiye for more than one uninterrupted year for reasons other than education, health, compulsory public service in their own country or official duty may apply in order to obtain the permit again.
The request may be submitted in person to the consulates while abroad, or to the governorship of the province in which the person is present while within the country, and it may equally be made through the e-residence system on the website of the Directorate General of Migration Management. Such requests are dealt with as a priority and are concluded within 1 month at the latest. Moreover, the condition of eight uninterrupted years of residence is not required again in these applications.
A renewed application is assessed by the administration within the framework of the following criteria:
- The foreigner’s intention to remain with a view to settling in Türkiye
- Whether he or she has relatives in Türkiye
- Whether he or she holds immovable assets
- Active business and employment relationships
- The social, economic and cultural ties he or she has established with Türkiye
Relationship with the Indefinite Work Permit
Foreigners who hold a long-term residence permit in Türkiye, or who hold a lawful work permit with a term of at least 8 years, may obtain an indefinite work permit. Indefinite work permit documents are renewed at the end of every 5 years, calculated on the basis of the commencement date of the work permit.
The details on the subject are addressed in the note entitled the indefinite work permit.
Transfer Application from Other Types of Permit
Transfer requests are conducted by first booking an appointment through the e-residence site and then collecting the paperwork relating to the type of permit sought and delivering it to the provincial directorate of migration management on the date determined.
The application arises where the ground on which the existing permit is based has ceased to exist, or where a ground has arisen requiring an application for a new permit. If the ground on which the existing permit was based has ceased to exist, this must be notified to the administration within 10 days beginning on the day on which that situation came to an end. If a new ground has arisen for a different permit, no time condition is required.
The right to transfer to a long-term permit is granted to foreigners who have remained in Türkiye on a short-term, family or student residence permit. By contrast, this right of transfer is not granted to those holding conditional refugee, refugee and subsidiary protection status, to holders of a humanitarian residence permit, or to those in respect of whom temporary protection is applied.
The note entitled residence permit transfer application, in which the transfer application process and the transfers between types of permit are examined in their full scope, offers detailed information on this subject.
The Exception for Foreigners of Turkish Descent
Under the decision of the Migration Policies Board of 15 February 2017, long-term permits are granted to Western Thrace Turks, Meskhetian Turks, Uyghur Turks and Iraqi Turkmens without the eight-year period condition being required. As of August 2022, Crimean Tatar Turks have also been included in this category.
These persons may prove that they are of Turkish descent by means of a deportation certificate or of their birth certificates (documents containing information such as the neighbourhood or village of birth). The deportation certificate is valid as regards Meskhetian Turks. The paperwork in question must bear the character of an official document and, where possible, carry an apostille. The documents submitted to the administration are in turn assessed by it; where they are not considered sufficient, the foreigners are interviewed.
Foreigners of Turkish descent may, where the administration considers it appropriate, qualify for a long-term permit without the condition of at least eight uninterrupted years of residence being required.
Can Turkish Citizenship Be Acquired with a Long-Term Permit?
A foreigner wishing to acquire Turkish citizenship subsequently is required to have resided in the country for 5 uninterrupted years, counted backwards from the date of application. Accordingly, holders of a long-term permit may qualify for citizenship if they have resided uninterruptedly for five years.
What is meant here by continuity is that the foreigner must not have been abroad for more than 12 months within the five-year period required. Otherwise the condition of uninterrupted residence cannot be satisfied and the citizenship application is refused.
In addition, the following conditions must also be satisfied for citizenship to be acquired:
- To be of full age and to possess the capacity of discernment
- To have confirmed by conduct the decision to settle in Türkiye; conduct such as acquiring immovable property, establishing a business, making an investment, moving one’s commercial and business centre to Türkiye, or working at a workplace subject to a work permit, or marrying a Turkish citizen, applying as a family, having a mother, father, sibling or child who has previously acquired Turkish citizenship, or completing one’s education in Türkiye, falls within this scope
- Not to carry an illness constituting a danger in terms of public health
- To demonstrate good moral character by acting with the sense of responsibility required by living together in society, to inspire confidence in those around one by one’s conduct, and not to have bad habits that are frowned upon by society and contrary to the values of society
- To be able to speak Turkish at a level sufficient to adapt to social life
- To have an income or a profession capable of providing for the subsistence of oneself and of those one is obliged to support in Türkiye
- Not to be in a situation constituting an obstacle in terms of national security and public order
The details as to how Turkish citizenship is to be acquired by way of a long-term permit are addressed in the note entitled acquiring citizenship through 5 years of residence.
Independent Legal Assessment
The long-term residence permit is, by reason of its consequences, one of the strongest statuses granted to a foreigner; the application procedure is, however, correspondingly detailed. The submission of incomplete documents, or a finding that the conditions have not been satisfied, may lead to the refusal of the application or to the cancellation of an existing permit.
The point that gives rise to most argument in practice is the calculation of the eight-year period. Periods spent abroad, intervals spent without a permit, and the counting of periods spent under a student permit as half, cause the period to turn out shorter than expected in many files. For that reason, calculating the period segment by segment before the application is the first step that determines the fate of the file.
In a specific file the following headings should be prioritised:
- Calculating the eight-year period before the application, observing the limits of 180 days per year and 365 days for the last five years
- Taking into account that half of the periods spent under a student permit will be counted
- Documenting the income condition from one’s own resources, without relying on undertakings by third parties
- Establishing by official document that no social assistance has been received within the last three years
- Fulfilling the obligation to register with the address registration system within 20 working days after the permit has been obtained
- Avoiding, for the preservation of the permit, stays abroad exceeding one uninterrupted year and, where unavoidable, documenting the reason
- Pursuing the objection route first in the case of refusal or cancellation decisions, so as to preserve the right of action, and calculating the 60-day period correctly
Independent Legal provides advisory services and conducts litigation in the field of immigration law, in the preparation of long-term residence permit applications, the conduct of transfer requests and the pursuit of actions to be brought against decisions of refusal and cancellation.