For every foreign national who plans to remain in Türkiye beyond the period afforded by a visa or by visa exemption, or for a period exceeding ninety (90) days, a residence permit is not a matter of choice but an obligation which must be fulfilled. The document is issued by the provincial directorate of migration management for the province in which the person is located and determines in law how long the foreign national may remain in the country. For periods not covered by the duration of a visa, this permit is the sole basis for being lawfully present in Türkiye.
The function of the permit is not confined to an individual authorisation. The residence permit regime also serves as a decisive instrument of oversight, enabling foreign nationals living within the country’s borders to be registered, public order to be protected and potential adverse developments to be forestalled.
The legislation provides for different categories of permit according to the reason for the person’s presence in Türkiye: short-term, long-term, family, student and humanitarian residence permits. The first step to be taken before the file is prepared is to establish accurately which of these categories the particular situation corresponds to. Below we examine how the application works, the document lists which vary according to the type of permit, the extension procedure, the items of expenditure, and the judicial remedy to be pursued against refused applications.
How Is a Residence Permit Application Made?
The first stage of the process is completed electronically. Foreign nationals may create their preliminary application by logging into the e-Residence system, which is accessed through the website of the Presidency of Migration Management. Persons who have not previously obtained a permit must select the I am applying for a residence permit for the first time option in the system. Completing the pre-registration form which appears after that selection correctly and in full is a critical step which directly affects the remainder of the process; incorrect or incomplete statements in the form may produce consequences adverse to the file at later stages.
Once the form has been completed, the appointment stage follows. An appointment must be obtained from the provincial directorate of migration management for the province in which the foreign national is to reside, and the person must attend the institution in person on the date and at the time appointed. On the day of the interview, the printed pre-registration form is expected to be available in signed form and the whole of the documentation required for the type of permit in question is expected to be submitted to the administration.
Documents to Be Submitted with the Application
Following the preliminary electronic application, the applicant attends the provincial directorate of migration management in person on the day of the appointment and delivers the file to the officials. The documentation required is not a fixed list; its content differs according to the type of permit sought.
Documents Required for a Short-Term Residence Permit
The following documents are required of those applying for a short-term permit:
- The residence permit application form, duly completed
- The original of the passport or of the travel document taking its place, together with a photocopy
- Four biometric photographs meeting ICAO standards
- Health insurance in force
- A criminal record certificate
- Documents establishing that sufficient financial means are available to provide for the applicant’s support throughout the period of the permit
- Supplementary documents which the administration may require according to the circumstances of the case
The scope and duration of this type of permit form the subject of a separate note entitled Short-Term Residence Permit.
Documents Required for a Long-Term Residence Permit
The following must be included in a long-term permit file:
- The completed residence permit application form
- The original and a copy of the passport or an equivalent document
- Four biometric photographs (to ICAO standards)
- A criminal record certificate
- Valid health insurance
- Documents proving that sufficient financial resources are available for the duration of the stay
- An official letter, stamped and signed, showing that no social assistance has been received within the last three years
- A document showing that registration in the address registration system (AKS) has been completed
- Other documents which may be required where the circumstances so demand
The details concerning the Long-Term Residence Permit are likewise addressed in a separate note.
Documents Required for a Student Residence Permit
The following documents are submitted with applications made for the purposes of study:
- The residence permit application form
- The original of the passport or of the document taking its place, together with a photocopy
- Four biometric photographs meeting ICAO standards
- A current student certificate showing that studies are continuing
- A criminal record certificate
- Valid health insurance
- Documents proving the existence of sufficient financial means throughout the period of the permit
- Additional documents which may be considered necessary according to the circumstances
The note entitled Student Residence Permit sets out the details of this type of permit.
Documents Required for a Family Residence Permit
In applications founded on family unity the list is more extensive:
- The completed residence permit application form
- The original and a photocopy of the passport or of the document taking its place
- Four biometric photographs (to ICAO standards)
- Valid health insurance covering all members of the family
- A criminal record certificate
- A document showing the existence of the marital bond
- The original and a photocopy of the identity card of the person acting as sponsor
- Documents showing that financial means sufficient to provide support throughout the period of the permit are available
- A document proving registration in the address registration system (AKS)
- Other documents which may need to be added according to the circumstances of the case
A detailed assessment of the Family Residence Permit is provided under a separate heading.
The Costs of a Residence Permit
The financial obligations relating to the permit process may vary from year to year. The items applicable as at 2023 are as follows:
| Item of expenditure | Amount |
|---|---|
| Residence permit card fee | TRY 356 |
| Residence permit charge | TRY 1,040 |
| Single-entry visa charge | TRY 2,304.20 |
| Health insurance premium | TRY 1,000 – TRY 4,000 |
| Notary and translation expenses | TRY 1,800 |
| Apostille certification charge | TRY 89.23 per page |
| Lawyer’s fee | Arises in addition where the process is conducted through counsel |
The insurance premium varies according to the age of the foreign national and is mandatory for persons under 65. Apostille certification, for its part, may not be required in every file.
There is an important exception to this table. Nationals of Czechia, Denmark, Ireland, Kosovo, Nepal, Sri Lanka, Syria and Turkmenistan are exempt from the charge of TRY 1,040. From these persons the single-entry visa fee of TRY 2,304.20 is collected in place of the charge.
Extension of a Residence Permit
An extension may be applied for from the point at which 60 days remain before the expiry of the existing permit. What matters here is not the upper limit but the lower one: whatever the date on which the application is made, it must be completed before the permit expires.
The procedure operates in a manner similar to the first application. The online form opened by using the I am applying to extend a residence permit button on the e-Residence site is completed in full; an appointment is then obtained from the provincial directorate of migration management in order to conclude the process. The applicant must attend the institution on the day of the appointment with the signed printout of the form and the supplementary documentation.
While an extension request is under consideration, the expiry of the permit does not prevent the person from remaining in the country; it is possible to stay in Türkiye until the application has been determined. The examination by the competent authorities is completed within 90 days and the outcome may be viewed through e-Residence or e-Government.
Documents Required for an Extension Application
The documentation to be included in an extension file may be listed as follows:
- The residence permit extension application form
- The original of the passport or of the document taking its place, together with a photocopy
- Four biometric photographs (to ICAO standards)
- Valid health insurance
- A criminal record certificate
- Documents showing that sufficient financial resources are available throughout the period of the permit
- The supplementary information and documents to be added to the file according to the type of permit held
Refusal, Cancellation or Non-Extension of a Residence Permit
The refusal of permit applications, the cancellation of a permit already granted and the non-extension of permits which have expired are regulated in detail in Article 30 of the Law on Foreigners and International Protection No. 6458 and in the provisions following that article. In broad terms, the Act attaches these consequences to three situations:
- Where one or more of the conditions required for the permit has never been met or has subsequently ceased to exist
- Where it is established that the permit has been used in a manner contrary to the purpose for which it was granted
- Where a deportation decision or a decision banning entry to Türkiye is in force in respect of the person concerned
Where one of these situations is present, the application is refused, a permit already granted is cancelled, and a permit which has expired is not extended.
Action for Annulment Against a Refusal
The applications of foreign nationals who satisfy the conditions required by the legislation are examined by the administration and determined. In some files, however, the administration may reach an adverse decision on a variety of grounds. The reason for refusal may sometimes be a failure to satisfy the conditions in the legislation, or the fact that the file has been assembled with incomplete or incorrect documentation, and may sometimes stem from the administration’s exercise of its discretion.
A foreign national whose application has been refused may, if satisfied that the decision is unlawful, apply to the courts seeking its annulment. The action is to be brought in the administrative court for the place in which the administration that made the decision is situated. The period for bringing the action is 60 days, running from the day on which the refusal was served on the person concerned.
Decisions on a residence permit application, whether favourable or adverse, are by their nature administrative acts. Whether an administrative act may be regarded as lawful depends on all of the elements it must contain having been properly constituted. As explained in the note entitled The Annulment of Administrative Acts, an act found to be defective in even 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 mandatory in proceedings before the administrative court?
Under Turkish law parties may as a rule defend and represent themselves in person; save for limited exceptions, no requirement of representation by counsel is laid down. Nor is representation by an administrative law practitioner required in disputes heard before the administrative courts. However, the multi-layered structure of administrative law legislation, together with the short and strict nature of the periods laid down in the Administrative Procedure Act, may give rise to errors of both procedure and substance that are difficult to remedy where the process is conducted by persons who are not lawyers. For that reason it is advisable to seek the support of lawyers practising in the field of administrative law before any step is taken.
What exactly does a residence permit mean?
It is the official document evidencing the authorisation to stay which is granted, for a specified period, by the competent authorities to foreign nationals who are to remain in Türkiye for a period exceeding ninety days.
What steps complete the application?
The preliminary application is made online through the e-Residence system. This is followed by obtaining an appointment from the provincial directorate of migration management for the province in which the permit is sought. Where the applicant attends the institution with the necessary documentation on the day and at the time appointed, the permit process may be completed.
What does a change of residence permit type mean?
It is an application made by a foreign national already present in Türkiye under a particular type of permit in order to move to another category of permit on account of a change in his or her circumstances. For example, a person present in the country under a student residence permit who moves to a short-term permit after graduating from university falls within this scope.
What should a foreign national faced with a refusal do?
The person concerned must bring an action for annulment in the administrative court within 60 days of the date on which the refusal was served on him or her.
What should be borne in mind during the application process?
The information and documents required are updated at intervals. Since the procedure calls for care from beginning to end, it will be to the applicant’s advantage for the stages following the submission of the file to be monitored by a lawyer as well.
The Independent Legal Assessment
In residence permit disputes the factor which determines the outcome is more often than not a shortcoming in the way the file was assembled rather than an argument on the merits. An application made under the wrong type of permit, a failure to document financial means adequately, or the omission of a document that appears secondary, such as the AKS registration, may lead even a person who is in substance eligible for a permit to meet with an adverse decision. The preparatory stage therefore performs a more decisive function than any action for annulment brought later.
In files in which a refusal has been made, the brevity of the 60-day period makes a swift and accurate characterisation essential. Even in decisions founded on the administration’s discretion, it should be borne in mind that that discretion is not unlimited and that the act may be reviewed in respect of the elements of cause and purpose.
In a given file the following points should be assessed as a matter of priority:
- Clarifying at the outset whether the application corresponds to a short-term, long-term, family, student or humanitarian permit
- Preparing the documents on financial means and health insurance in a manner consistent with the administration’s current practice
- Diarising the expiry date of the permit in extension applications and completing the application before the period expires
- Documenting the date of service of the refusal and recording the 60-day period for bringing the action
- Reviewing the reasons given for the decision separately in respect of the elements of competence, form, cause, subject matter and purpose
- Investigating in advance whether an entry ban or a deportation decision exists in respect of the person concerned
Independent Legal provides advisory services and conducts litigation throughout the whole of the process in the fields of immigration law and administrative proceedings, from the preparation of residence permit applications to the conduct of actions for annulment brought against refusals.