For a foreign national holding a valid residence permit, continuing their stay in Türkiye without interruption depends on setting the renewal procedure in motion before the period granted by the permit expires. This procedure, known in practice as an “extension”, serves to lengthen the period attached to the existing permit.
The process is not uniform. Which steps are to be taken and which documents are to be submitted to the administration differ according to the category to which the permit sought to be renewed belongs. Below we examine, in turn, the technical operation of the application, the document lists that vary according to permit type, the numerical and temporal limits on extension, and the legal remedies available in the event of an adverse decision.
How Is an Application to Extend a Residence Permit Made?
A renewal request is initiated by completing the application form in the e-ikamet system. By its nature this step is a preliminary application; once the form has been completed through the system, an appointment is allocated to the foreign national. For the process to be completed, the foreign national must attend the provincial directorate of migration management on the date and at the time notified to them, together with the required documents.
The information declared when completing the form is required to correspond with the information given to the administration when the current permit was obtained. If it is established that the information was knowingly entered contrary to the truth, the request is refused; in addition, a criminal sanction is applied to the foreign national concerned.
How the system is to be used, the steps by which an account is opened and how the application is completed electronically are explained in detail in our note entitled “e-ikamet”.
As regards payment of the fee, more than one option is available to the foreign national: payment may be made electronically through e-ikamet, or equally through tax offices, the cash desk of the Ministry of Finance or banks that have an agreement with the Ministry. Where a method other than electronic payment is used, at least two copies of the receipt should be requested from the institution concerned. One of those copies should remain with the foreign national and the other should be added to the application file together with the remaining documents.
Within What Period Must the Extension Application Be Made?
The renewal request must be submitted to the administration within the final 60-day period of the permit in force. A foreign national who misses this window must, if they wish to continue their stay in the country, make an entirely new residence permit application rather than an extension application.
A further opportunity is afforded to a foreign national who is unable to use that period for a valid excuse: an extension request may be made within 15 days of the date on which the permit expired.
NOTE: Where the application has been made within time, the foreign national’s stay in Türkiye does not become unlawful even if the validity period of the existing permit expires. In that case a document is issued to them, and that document enables them to remain in the country until the request has been decided.
Documents Required for the Renewal of a Residence Permit
Irrespective of the permit type, the following documents must be included in the extension file:
- The application form signed by the applicant,
- The document evidencing the residence permit in force,
- A notarised copy of the passport or of the document serving in lieu of a passport,
- Four photographs,
- The document showing that the health insurance is valid,
- A declaration that sufficient and regular income is held for the duration of the stay in Türkiye.
The set above is common to all categories of residence permit. In addition, further documents specific to the type of permit sought to be renewed are required. Those additional documents are addressed below under separate headings.
Documents Required for the Extension of a Family Residence Permit
The documents that must be submitted for the renewal of a family residence permit are as follows:
- The online application form completed on the e-ikamet website, printed out and signed,
- The original and a photocopy of the family residence permit document currently in use,
- The original and a photocopy of the passport,
- The health insurance policy belonging to the foreign national,
- Four biometric photographs taken within the last six months,
- A document evidencing income,
- A certificate of residence,
- A photocopy of the marriage certificate,
- The criminal record of the spouse acting as sponsor,
- Where the sponsoring spouse is a Turkish citizen, a photocopy of their Turkish identity card; where they are a foreign national, a photocopy of their passport.
The collection of documents is not the only matter of importance in the renewal of a family residence permit. While the renewal procedure is explained in this note, the details concerning the permit type itself are addressed in our note entitled “family residence permit”.
Documents Required for the Extension of a Humanitarian Residence Permit
The documents required by the administration for the renewal of a humanitarian residence permit are as follows:
- The online application form completed on the e-ikamet website, printed out and signed,
- A photocopy of the passport or of the document serving in lieu of a passport,
- Four biometric photographs taken within the last six months,
- A criminal record,
- A family document,
- A photocopy, certified by a sworn translator, of the identity document of the state of nationality,
- A photocopy of the residence permit document currently in use.
The scope of this permit type and its other aspects that attract attention in practice may be found in our note entitled “humanitarian residence permit”.
Documents Required for the Extension of a Student Residence Permit
The documents required for the renewal of a student residence permit are as follows:
- The online application form completed on the e-ikamet website, printed out and signed,
- A student certificate,
- A health insurance policy,
- A Social Security Institution (SGK) statement,
- A notarised photocopy of the passport or of the document serving in lieu of a passport,
- A photocopy of the visa,
- A photocopy of the certificate of residence,
- An address document,
- A document evidencing income,
- A document relating to accommodation: a lease agreement if the student is a tenant, the title deed record if the dwelling is their own property, or, if they are staying in an establishment such as a hall of residence or a hotel, a letter evidencing that they are accommodated there,
- Four biometric photographs taken within the last six months,
- Where the student is a minor, a letter of consent issued by their parent or legal representative together with a birth certificate.
Submitting these documents in full is of critical importance. Otherwise the renewal request may be refused and the foreign student’s education in Türkiye may be left unfinished. Extensive explanations on the subject are set out in our note entitled “student residence permit”.
Documents Required for the Extension of a Short-Term Residence Permit
The documents required for the renewal of a short-term residence permit are as follows:
- The online application form completed on the e-ikamet website, printed out and signed,
- A photocopy of the passport or of the document serving in lieu of a passport,
- A declaration of income showing that sufficient financial means are held to cover subsistence throughout the period of the permit,
- The receipt showing that the fees have been paid,
- A health insurance policy,
- An address document,
- The residence permit document currently in use,
- Four biometric photographs taken within the last six months.
The documents listed are common to all sub-types of the short-term residence permit.
That said, the short-term residence permit is divided into a great many sub-categories, foremost among them the permit for tourism purposes and the permit for treatment purposes, and specific documents are required separately for each category. The details of these distinctions are examined in our note entitled “short-term residence permit”.
It should be borne in mind that the documents required may also change as the type of short-term permit changes. The administration may, moreover, request further information and documents from the foreign national according to the particular features of the case. Conducting the process without omission is important for that reason; it is advisable to proceed with the support of a lawyer practising in the field of immigration law.
The permits mentioned in this note, together with all other residence permit categories not listed here, are dealt with comprehensively in our note entitled “residence permit”. That text sets out in detail not only the content and conditions of the permits but also the necessary documents and the procedures to be followed.
How Long Does It Take for an Extension Application to Be Decided?
The legislation provides that the renewal request is to be concluded within 90 days at the latest. Where the administration requests that further documents be added to the file, that period may be exceeded to some extent.
The fate of the application may be followed through the e-ikamet website. In addition, once a decision has been taken, the governorship informs the person concerned through the communication channel chosen at the time of the application (email or SMS).
Where the request was made within time, a document enabling the foreign national to remain in the country until a decision is issued is drawn up, even if the validity of the previous permit expires. Where the outcome is adverse, both an administrative objection and recourse to the courts are available.
How Many Times May a Residence Permit Be Renewed?
The numerical limit on extension is laid down separately for each permit type in the Act. It is therefore not possible to give a single answer to this question; the assessment must be made on the basis of the permit type. The long-term residence permit falls outside this discussion: as its duration is indefinite, no renewal is required.
Extension Limits for the Short-Term Residence Permit
There is no numerical restriction as regards the short-term residence permit; the permit may be extended an unlimited number of times. However, as the maximum period that may be granted on each occasion is two years, the extension periods likewise may not exceed this upper limit.
Extension Limits for the Family Residence Permit
The family residence permit may likewise be renewed an unlimited number of times. That said, under Article 34 of the Law on Foreigners and International Protection No. 6458, “… a family residence permit may be granted for periods not exceeding three years on each occasion. However, the duration of the family residence permit may under no circumstances exceed the duration of the sponsor’s residence permit.”
Extension Limits for the Student Residence Permit
The student residence permit granted to foreign students pursuing higher education in Türkiye may be renewed where the permit does not cover the whole of the period of study or where the studies are prolonged. An extension may be made at most until the moment the studies are completed.
As regards foreign students receiving education at primary or secondary level with the permission of a parent or legal representative, the permit is extended in one-year instalments. No numerical limit is prescribed for these extensions; the possibility of extension nevertheless disappears if the student graduates or their enrolment with the school is terminated.
Extension Limits for the Humanitarian Residence Permit
The humanitarian residence permit may be extended for periods of one year and without any numerical limit. The condition for this is that the situation forming the basis of the permit continues to exist.
Refusal of the Extension Application
Refusal of the renewal request arises where one of the conditions on which the extension is based cannot be satisfied. Alongside this, a failure to submit the required documents or a procedural error may also produce a refusal.
Where the administration takes an adverse decision, two avenues are open to the foreign national: lodging an objection with the Presidency of Migration Management or bringing an action for annulment before the administrative court. The operation of these avenues is addressed in detail below.
Objection and Action for Annulment Against a Refusal Decision
Where the extension request is refused, an objection may be lodged with the Presidency of Migration Management, and equally an action for annulment may be brought directly before the administrative court. For both avenues the strict time limit is 60 days, and that period begins to run on the day following the day on which the refusal decision was served.
Where an objection is lodged against the refusal decision, the sixty-day period is suspended. Suspension means that the period does not run until the objection has been decided. In a case where the objection is lodged on the twenty-fifth day, for example, the period does not advance until the administration gives a positive or negative reply. If the administration finds the objection well founded, there is no need to bring an action; if the objection is refused, an action may be brought within the remaining thirty-five days, beginning on the day following service of that refusal decision.
Where it is preferred to bring an action directly, without recourse to the objection procedure at all, the period is likewise 60 days and again begins to run on the day following service of the refusal decision. The court with subject-matter and territorial jurisdiction in the action is the administrative court of the place where the administration to which the application was made is located. If the administrative court dismisses the action, recourse may be had to the regional administrative court.
The objection and annulment proceedings to be pursued against the refusal of an extension request are the same as the procedure applicable to the refusal of a residence permit application. For the details of the subject, reference may therefore be made to our note entitled “refusal of a residence permit application”.
Conclusion
The renewal of a residence permit is a technical matter, both in terms of the periods prescribed by the legislation and in terms of the documents required by the administration. A deficiency in the documents or a missed application window may result in a foreign national whose permit has expired facing the risk of deportation. In order to eliminate that risk, it is of benefit for the process to be conducted under the guidance of a lawyer experienced in immigration law.
Independent Legal Assessment
The greater part of the problems encountered in extension files are not legal but calendrical. Technical details such as noticing the final sixty-day window too late, failing to obtain the second copy of the fee receipt, or the information on the e-ikamet form conflicting with the previous application are capable of producing a refusal even though there is no obstacle whatsoever on the merits. Preparing the file in its entirety before the appointment date is the most practical measure for preventing losses of this kind.
Where a refusal decision has been taken, the management of time limits comes to the fore. If the suspensive effect of the objection procedure is not calculated correctly, the right to bring an action may be lost through expiry of the time limit despite a request that is well founded on the merits. In concrete disputes, the following matters in particular should be prioritised:
- Entering in the calendar when the renewal window opens and the additional fifteen-day opportunity afforded where there is a valid excuse
- Identifying in advance the additional documents specific to the permit type, separately from the common set of documents
- Checking that the declarations on the e-ikamet form correspond exactly with the previous permit file
- Retaining the document proving that the application was made within time and basing the right of stay on that document
- Documenting the date of service of the refusal decision and calculating how the sixty-day period runs where an objection is lodged
- Assessing without loss of time the option of a fresh permit application where an extension is not possible
Independent Legal provides advisory and litigation services at every stage, from the preparation of foreign nationals’ residence permit applications through to the objection and annulment proceedings to be pursued against refusal decisions.