Short-Term Residence Permit: Grounds of Application, Documents and Procedure

The most comprehensive option available to foreign nationals planning a stay in Türkiye that will exceed the period granted by a visa is the short-term residence permit. Unlike the other types of permit, this permit has not been tied to a single ground of stay; the legislator has gathered under one and the same heading of permit grounds that differ considerably from one another. A broad spectrum, ranging from a stay for tourism purposes to scientific research, and from a course of medical treatment to investment activity, falls within this scope.

In practice this flexibility is a source of difficulty as much as it is an advantage. Each ground of stay has its own set of documents, its own maximum period and at times its own exemptions. Where the applicant fails to identify correctly the ground on which he or she relies, or submits the documents specific to that ground incompletely, the application may end in refusal.

In this briefing note we examine in detail the legal framework of the short-term residence permit, the groups of persons afforded the possibility of applying for it, the common documents and those specific to each ground, the periods of permit, the address registration obligation, the legal remedies available in cases of refusal and cancellation, and the extension procedure.

What Is a Short-Term Residence Permit?

Where the period of the visa, or the period granted under a visa exemption, is not sufficient, the foreign national must obtain a residence permit in order to be able to continue staying in the country. The short-term residence permit is the type of permit that meets this need and that may be requested on the basis of one of the grounds enumerated in the Law on Foreigners and International Protection No. 6458.

The legal basis of the permit is formed by Article 31 et seq. of the Law on Foreigners and International Protection No. 6458. Those provisions set out in detail not only the nature of the permit but also the circumstances in which it may be applied for.

How Is the Application Made?

The process begins with a preliminary application made through the e-residence system and an appointment obtained thereafter. When the day of the appointment arrives, the information and documents requested are submitted to the consulate. It is not a requirement that the application be made by the foreign national in person; a legal representative, or a lawyer holding a power of attorney, may also carry out this procedure.

Following the preliminary application made electronically, it is the turn of the submission of documents. That said, in certain cases the process may be conducted not from abroad but directly from within Türkiye. In those cases, once an appointment has been obtained through the e-residence system, the documents are submitted to the provincial directorate of migration management within the governorship. The circumstances in which an application from within Türkiye is permitted are as follows:

• Where, upon the ground on which the existing residence permit was based coming to an end or changing, a permit corresponding to the new purpose of stay is requested,
• Where a transfer is made from a family residence permit to a short-term residence permit,
• Where foreign nationals who have completed their higher education in Türkiye wish to transfer to a short-term residence permit,
• Where a mother or father holding a residence permit in Türkiye applies on behalf of a child born in the country,
• Where there is a decision given, or a request made, by judicial or administrative authorities,
• Cases in which it does not appear reasonable or possible for the foreign national to leave the country.

Once the appointment has been completed and the documents have reached the relevant authority, the file is taken into assessment and a decision is given on the request for a permit. The point to be underlined here is this: the documents and conditions sought are not fixed, but vary according to the ground on which the permit is requested. The lists of documents specific to each ground are set out below under separate headings.

Who May Apply for a Short-Term Residence Permit?

Article 31 of the Law on Foreigners and International Protection No. 6458 enumerates one by one the foreign nationals who may benefit from this permit. It is not possible for a short-term residence permit to be issued to persons not included in that enumeration.

The groups of persons specified in the provision are as follows:

• Citizens of the Turkish Republic of Northern Cyprus,
• Those who are to stay in the country for tourism purposes,
• Those coming in order to conduct scientific research,
• Those who own immovable property within the borders of Türkiye,
• Those wishing to establish a business or to secure a commercial connection,
• Those who are to take part in in-service training programmes,
• Those who are to enrol in Turkish language courses,
• Those who are to receive treatment, provided that they do not carry an illness accepted as posing a threat to public health,
• Those coming for educational and similar purposes within the scope of student exchange programmes or within the framework of agreements to which the Republic of Türkiye is a party,
• Those who are to take part in an educational, research, internship or course activity in the country through public institutions,
• Those who are required to be in Türkiye by reason of a decision or request of a judicial or administrative authority,
• Those transferring from a family residence permit to a short-term residence permit,
• Those among the persons who have completed their higher education in Türkiye who apply before 6 months have elapsed since their graduation,
• Those who, without working in the country, are to make an investment of the scope and amount to be determined by the President, together with the foreign spouses of such persons and the dependent or minor foreign children of themselves or of their spouses.

Being included in one of the groups enumerated is not in itself sufficient; the other conditions must also be met. The procedure to be followed by these persons, the documents they must prepare and the conditions they are expected to satisfy are set out in detail below.

Those Coming for Scientific Research

The document to be requested from a foreign national seeking a residence permit in order to carry out research differs according to the nature of the research. If the research is subject to authorisation, a permit document obtained from the competent institution or organisation is sought; if it is not subject to authorisation, a declaration concerning the subject of the research is sought.

In the case of foreign nationals coming for a surface survey or an archaeological excavation, a visa appropriate to that purpose is required. In the case of other types of research, the institutions and organisations concerned transmit to the provincial directorate the information relating to the foreign national, the request, the period considered appropriate and the authorisation granted. When the research is completed, it is the responsibility of the foreign national holding the residence permit to notify the reports prepared to the institutions and organisations concerned.

The authority of the administration to request additional information and documents concerning the subject and plan of the research is reserved. The requests of foreign nationals who already hold another residence permit and wish to take part in an archaeological excavation or surface survey are, for their part, forwarded to the Ministry of the Interior with the opinion of the relevant institutions appended.

Those Owning Immovable Property in Türkiye

In a residence permit based on the ownership of immovable property, two conditions are sought together: that the immovable property is residential in nature and that it is actually used as a residence. Family members holding a share in the co-ownership of the residence may also apply on this ground. By contrast, in the case of family members who hold no share in the immovable property, the residence may be relied upon only as a basis for proof of the means available in Türkiye.

The details of the conditions sought in applications based on the ownership of immovable property, and the points to be observed in the conduct of the process, fall within the scope of a separate study addressing the subject of obtaining a residence permit by buying a home in Türkiye.

Those Establishing a Business and Those Securing a Commercial Connection

Establishing a commercial connection or setting up a business in Türkiye is among the grounds capable of forming the basis of a request for a short-term residence permit.

On this ground a detail linked to duration comes to the fore. Where the period of the permit requested exceeds 3 months, a letter of invitation and similar documents obtained from the persons or companies with whom contact is to be made may be requested from the foreign national. It is appropriate for this possibility to be taken into account when the application is being planned.

Those Joining an In-Service Training Programme

Foreign nationals who are to take part in an in-service training programme may obtain a short-term residence permit on the basis of that circumstance.

Here the period of the permit has been tied to the duration of the programme. On the basis of the information and documents submitted by the institution or organisation concerned setting out matters such as the place, content and duration of the training, the permit is issued so as to be valid throughout the programme.

Those Coming Under International Agreements and Student Exchange Programmes

This permit may also be granted to foreign nationals who are required to stay in Türkiye for educational and similar purposes within the framework of bilateral or multilateral international agreements or of student exchange programmes. The applicant must submit to the competent authorities the information or documents to be obtained from the institution concerned.

As regards duration, a particular limitation applies here. Although as a rule the short-term residence permit is issued for a maximum of 2 years, the period of permits falling within this scope may not exceed the duration of the education or of the programme. By way of example, a foreign national who is to receive 8 months of education at a Turkish university within the framework of the Erasmus Programme may not be issued a permit exceeding 8 months.

A distinction has also been drawn as regards health insurance. Health insurance is not additionally sought from those students coming under an exchange programme who make a request to become insured under the universal health insurance scheme within 3 months of the date of first enrolment. Those who, by failing to apply within that 3-month period, lose the possibility of becoming insured under the universal health insurance scheme are, for their part, required to take out private health insurance.

Those Staying for Tourism Purposes

Foreign nationals coming to Türkiye for tourism purposes may be present in the country for up to 90 days on a tourist visa or, where they fall within the scope of a visa exemption, on the basis of that exemption. If the stay is planned to exceed 90 days, it is compulsory to obtain a short-term residence permit for tourism purposes.

In these applications the foreign national’s travel plan is examined; his or her declaration as to where, on which dates and for how long he or she will stay in the country is taken into assessment. The administration may also request the submission of information and documents setting out the travel plan or the purpose of the stay.

The other details of the residence permit for tourism purposes have been examined in a separate study addressing the subject of the tourist residence permit.

Patients Receiving Treatment

In the case of foreign nationals who do not carry one of the illnesses regarded as a threat in terms of public health and who come to the country solely for the purpose of treatment, the first condition sought is that they have been admitted to a public or private hospital. If it is documented that the whole of the treatment costs has been paid, the condition of health insurance is not additionally sought.

Permits based on this ground are issued in a manner consistent with the duration of the treatment. In the case of foreign nationals whose subsistence, accommodation or health expenses during the treatment are borne by the relevant public institutions and organisations, conditions such as valid health insurance and the establishment of financial means are not sought. In certain cases the administration may request the information or documents relating to the treatment from the hospital, public institution or organisation concerned.

There is one limitation to which attention must be paid in practice: the patient’s accompanying persons may not benefit from this permit. Foreign nationals in the position of accompanying persons must obtain a permit within the framework of the general provisions, and that request is assessed as a residence permit for tourism purposes. The details of the subject have been addressed in a separate study concerning the residence permit for treatment purposes.

Those Required to Stay in Türkiye by Reason of a Judicial or Administrative Decision

A decision or request of a judicial or administrative authority may form the basis for a foreign national to obtain a short-term residence permit. When the period of the permit to be issued in this framework is determined, the period indicated in the decision or request is taken as the basis.

In the case of persons applying on this ground it is also possible for conditions such as valid health insurance and the possession of sufficient financial means not to be sought.

Those Transferring from a Family Residence Permit to a Short-Term Residence Permit

Foreign nationals living in Türkiye as dependants of a family member may obtain a family residence permit if they satisfy the conditions. However, when the ground forming the basis of that permit disappears, or where the person makes a choice to that effect, a transfer to a short-term residence permit may be made.

The possibility of transfer is subject to the occurrence of one of the following circumstances:

• Where the sponsor dies, a short-term residence permit may be issued, without any condition as to duration, to those remaining in the country on the basis of the family residence permit tied to that sponsor.
• Those who have stayed in Türkiye on a family residence permit for at least 3 years and have completed the age of eighteen may, on request, transfer to this permit.
• A foreign national who divorces after having been married to a Turkish citizen may obtain a short-term residence permit provided that he or she has stayed in the country on a family residence permit for at least 3 years. Where it has been established by a court decision that the foreign spouse was a victim of domestic violence, the condition of the 3-year period is not sought.

The details concerning these possibilities and the other matters to be observed are to be found in a separate study on the family residence permit.

Those Attending Turkish Language Courses

The residence permit to be issued to foreign nationals who enrol at an institution authorised to provide Turkish language courses may be granted at most twice. Where the duration of the course is less than 1 year, the period of the permit may not exceed the duration of the course either.

That the institution providing the course is authorised by the Ministry of National Education is among the conditions sought. Furthermore, that institution is under an obligation to notify the provincial directorate whether the foreign national enrolled in order to learn Turkish has begun the course and of his or her attendance.

Those Taking Part in Education, Research, Internships and Courses Through Public Institutions

A short-term residence permit may be issued to foreign nationals who are to take part in education, research, internship or course programmes in Türkiye through public institutions. However, the period of this permit may not exceed 1 year.

Conditions such as valid health insurance and the establishment of financial means are not sought from foreign nationals whose accommodation, subsistence or health expenses are met by the relevant public institutions. That said, the competent administrative authority may request the information and documents on the subject from the institutions concerned.

Those Who Have Completed Their Higher Education in Türkiye

A short-term residence permit may be granted to those foreign nationals who have completed their higher education in Türkiye and who apply within 6 months following the date of graduation. This permit is issued on one occasion only and for a maximum of 1 year.

The purpose of the provision is to afford foreign nationals who have studied in Türkiye an opportunity to look for work. It is thereby intended that foreign nationals who have been educated in the country should be brought into the economy as a qualified workforce.

Citizens of the Turkish Republic of Northern Cyprus

Where citizens of the Turkish Republic of Northern Cyprus request a residence permit, a short-term residence permit may be issued to them for periods of up to 5 years at a time. The documents and other matters relating to this group are set out below.

Investors and Their Spouses and Their Dependent or Minor Children

A short-term residence permit may be granted to persons who, without working in Türkiye, are to make an investment of the scope and amount to be determined by the President; and, in addition, to the spouse of such a person and to the minor or dependent child of that person or of his or her spouse.

This permit is issued for periods of up to 5 years at a time. The provision facilitates the residence of the foreign investor in Türkiye together with his or her family and encourages investment in the country.

Conditions of the Short-Term Residence Permit

Pursuant to Article 32 of the Law on Foreigners and International Protection No. 6458, the conditions sought for a short-term residence permit are as follows:

• To hold one or more of the grounds forming the basis for the grant of the permit, to make a request to that effect and to produce the documents supporting the request,
• To notify the information relating to the address at which the person will stay in Türkiye,
• Not to be among the foreign nationals whose entry into Türkiye is prohibited,
• To have accommodation meeting general health and safety standards,
• To submit, on request, a criminal record certificate issued by the competent authorities of the country of which the person is a citizen or in which he or she lawfully resides.

The failure to satisfy one of these conditions does not merely lead to the refusal of the application; it may also result in an existing permit being cancelled. In order not to be met with a decision of refusal, it is for this reason recommended that the application process be conducted with legal support.

Documents Required for the Application

An application for a short-term residence permit brings with it a large number of documents that must be prepared. Part of these documents is common to every applicant; another part is requested in addition according to the ground relied upon.

The documents sought in common in all applications are as follows:

• The residence permit application form,
• 4 biometric photographs,
• A photocopy of the passport or of the document replacing the passport (the validity of the document must be at least 60 days longer than the period of permit requested),
• A declaration that sufficient and regular financial means are available throughout the period of the stay,
• A document or receipt establishing that the cost of the card and the residence permit fee have been paid,
• A document showing that valid health insurance is held,
• A document showing that the person is registered in the address registration system (this document is not requested from a foreign national who is not registered; however, registration in the address registration system is compulsory within 20 working days at the latest after the permit has been obtained),
• A document establishing the place of stay (a notarised copy of the lease agreement, a photocopy of the title deed, a document showing that the person is staying at a hotel or similar accommodation, and the like),
• As regards children: where it is not possible to establish the mother and father from the national identity card or from the passport or the document replacing the passport, a certified birth certificate is sought. If one of the parents is absent, a certified deed of consent is requested; in the event of the death of one of the parents, the other spouse must submit a certified death certificate. If a divorce is in issue, a certified custody document concerning the child is requested.

In addition to the common documents, the documents requested separately according to the ground of stay must also be added to the file. The documents specific to each ground are set out below under separate headings.

Documents Sought from Those Coming for Scientific Research

• All of the documents sought in common,
• In work subject to authorisation, a document showing that authorisation has been obtained from the competent authorities,
• In work not subject to authorisation, a document containing an informative declaration as to the subject and content of the research,
• For those who are to carry out an archaeological excavation or surface survey, a visa appropriate to that purpose obtained from the foreign missions of the Republic of Türkiye,
• An official document, signed or bearing an electronic signature and sealed or stamped, showing the place and duration of the research.

It should be noted that the administration will also be able to request, where it considers it necessary, additional information and documents relating to the subject and plan of the research.

Documents Sought from Those Owning Immovable Property in Türkiye

• All of the documents sought in common,
• The tax number,
• An official, signed and sealed title deed establishing that the residence belongs to the foreign national.

Documents Sought from Those Establishing a Commercial Connection and Those Setting Up a Business

• All of the documents sought in common,
• The tax number,
• The notarised signature circular and the tax registration certificate,
• The notarised trade registry gazette,
• Where the period of the permit requested exceeds 3 months, a letter of invitation to be obtained from the persons or companies with whom contact is to be made.

Documents Sought from Those Joining an In-Service Training Programme

• All of the documents sought in common,
• A document obtained from the public institution or organisation at which the in-service training is to take place, showing the place, content and duration of the training (it must be drawn up on headed paper and be signed and sealed).

Documents Sought from Those Coming Under a Student Exchange Programme or an International Agreement

• All of the documents sought in common,
• The education/AIESEC document to be obtained from the institution or organisation at which the education is to be given (it must be signed and sealed).

Documents Sought from Those Staying for Tourism Purposes

• All of the documents sought in common,
• Documents containing a declaration setting out the travel plan, such as where, on which dates and for how long the person will stay in the country,
• Where the administration so requests, information or documents relating to the place of accommodation and the purpose of the stay.

Documents Sought from Patients Receiving Treatment

The documents sought from foreign nationals who are to receive treatment, on condition that they do not carry one of the illnesses accepted as posing a threat to public health, are as follows:

• All of the documents sought in common,
• Where the treatment costs have been paid in advance, the documents establishing this,
• A document to be obtained from the private or public hospital at which the treatment is to be carried out, showing that the admission record has been made and that the treatment has begun (it must include the duration of the treatment and must be signed by a physician and by the chief physician and be stamped or sealed).

Documents Sought from Those Staying by Reason of a Judicial or Administrative Decision

• All of the documents sought in common,
• A document to be obtained from the administrative authorities, signed or bearing an electronic signature and stamped or sealed, stating that it is necessary for the person to stay in Türkiye and specifying the duration of the stay.

Documents Sought from Those Transferring from a Family Residence Permit

Since different possibilities are in issue in this group, the documents that may be required according to the situations explained above are as follows:

• All of the documents sought in common,
• Documents establishing the existence of the previous residence permit,
• The divorce decision relating to a marriage that lasted at least 3 years (since the 3-year condition is not sought in the case of those who divorce as victims of domestic violence, such persons must submit the court decision establishing their situation),
• The death certificate of the sponsor.

Documents Sought from Those Attending Turkish Language Courses

• All of the documents sought in common,
• A visa appropriate to that purpose (education/study/Turkish language course and the like) obtained from the foreign missions of the Republic of Türkiye,
• A document to be obtained from the institution or organisation authorised to provide Turkish language courses, showing that enrolment has taken place and that the education is being received (it must be signed and sealed).

Documents Sought from Those Taking Part in Education, Research, Internships and Courses Through Public Institutions

• All of the documents sought in common,
• A document to be obtained from the public institution or organisation at which the education, research, internship or course is to be received, showing the place and duration of the programme (it must be signed and sealed).

Documents Sought from Those Who Have Completed Their Higher Education in Türkiye

• All of the documents sought in common,
• A photocopy of the provisional certificate of graduation or of the diploma (the original of the document must be kept available so that it may be produced on the day of the appointment).

Documents Sought from Those Making an Investment

The documents required in order for persons who do not work in Türkiye but who are to make an investment of the scope and amount to be determined by the President, their spouses, and the minor or dependent child of themselves or of their spouses, to be able to obtain a permit are as follows:

• All of the documents sought in common,
• The Certificate of Conformity,
• Documents establishing the existence of the family ties sought in the provision,
• Documents showing the details as to the scope and content of the investment relied upon as the ground for the request for a permit.

Documents Sought from Citizens of the Turkish Republic of Northern Cyprus

• All of the documents sought in common,
• A photocopy of the identity document of the Turkish Republic of Northern Cyprus (the original of the document must be kept available on the day of the appointment).

The Address Registration Obligation

A foreign national to whom the residence permit document has been delivered is under an obligation to apply to the provincial directorate of migration management and register in the address registration system within 20 working days at the latest from the date of delivery. Failure to fulfil this obligation results in an administrative fine.

A foreign national who moves to another address within the same city must likewise notify his or her new address to the provincial directorate of migration management of the place to which he or she has moved within 20 working days. In that case no new residence permit document is issued; the person may continue to stay in the country with the existing document.

By contrast, those who move from the city in which the permit was obtained to another city are required to make a new residence permit application within 20 working days at the latest in respect of the city to which they have moved. If there is no change in the type of permit, a new document is issued; however, no fee is charged again for a period in respect of which the fee has already been paid.

Finally, it should be noted that, having regard to the number and density of foreign nationals holding residence permits in the country, no address registration is made in neighbourhoods and districts where the quota for foreign nationals is full.

The Health Insurance Condition

The foreign national who is to apply must hold valid health insurance and must add the document relating to it to the file. The period of the insurance must cover the period of residence permit requested.

Depending on the situation, it will be sufficient for one of the following documents to be submitted to the administration:

• A signed and sealed provision document obtained from the Social Security Institution (SGK),
• A signed and sealed document relating to an application made in order to become insured under the universal health insurance scheme within the scope of the SGK,
• A signed and sealed document obtained from the provincial social security units showing that health services are benefited from in Türkiye within the framework of bilateral social security agreements,
• Where private health insurance has been taken out, the signed and sealed original of the insurance policy at the time of the application.

For How Many Years Is the Permit Granted?

Leaving the exceptions aside, the short-term residence permit is issued for periods of up to two years at a time. The extension procedure is likewise carried out in instalments of at most two years each.

The groups left outside the two-year limit are as follows:

• Citizens of the Turkish Republic of Northern Cyprus,
• Those who do not work in Türkiye but are to make an investment of the scope and amount to be determined by the President, together with their spouse and the minor or dependent child of themselves or of their spouse.

Foreign nationals falling within these two groups are granted the permit for periods of up to five years at a time. When the period expires, it is possible for the permit to be obtained anew.

As regards foreign nationals who are to attend Turkish language courses, it must be recalled that the permit may be issued at most twice. Furthermore, where the duration of the course is less than 1 year, the period of the permit may not exceed the duration of the course.

Alongside these exceptions there is one further group displaying particular features. If foreign nationals who have completed their higher education in Türkiye apply for a residence permit within 6 months of their graduation, a permit may be granted to them on one occasion only and for a period of at most 1 year.

How Long Does It Take to Obtain the Outcome of the Application?

Following the application, it takes approximately 1 month for the permit to be issued. This period is, however, variable; the workload of the provincial directorate of migration management to which the application was made, whether the documents requested were submitted complete, and whether the other procedural steps were duly completed, directly affect the outcome.

Where there is a deficiency under any of the headings enumerated, the process may be expected to be prolonged. For this reason it is of benefit for the application to be conducted with the assistance of a lawyer experienced in the field.

Costs of the Application

The cost of an application for a short-term residence permit stands, as at 2023, at an average level of TRY 8,000.

That amount consists of the fee, health insurance and notary expenses. Legal fees, to be determined according to the scope and nature of the particular file, also arise separately.

Refusal of the Application

A decision of refusal stems at times from a procedural deficiency and at times from the ground relied upon in support of the request not being found persuasive. The grounds of refusal therefore vary according to the features of the file. The grounds of refusal most frequently encountered in practice are as follows:

• The failure to satisfy one or more of the conditions sought for the permit,
• The existence of a procedural deficiency in the application or the non-acceptance of the ground put forward,
• The failure to submit to the file one or more of the documents requested in the course of the process,
• The existence of a deportation decision in force, or of a ban on entry into Türkiye, in respect of the applicant.

A foreign national whose application is refused has two legal routes before him or her: to lodge an objection with the administrative authority, or to bring an action for annulment before the administrative court against the decision of refusal.

Objection and Action for Annulment Against a Decision of Refusal

Where the request is refused, the person concerned may lodge an objection with the administration or may bring an action for annulment directly before the administrative court. Where the route of objection is chosen, the addressee of the application is the Presidency of Migration Management.

A period of 60 days is provided for the objection, running from the day following notification of the decision of refusal. When an objection is lodged, that period is suspended; if the objection is refused, it resumes from where it left off. An action for annulment may be brought within the remaining period.

It is not necessary for an objection to have been lodged with the administration beforehand in order for an action for annulment to be brought; the action may also be brought directly. The courts with subject-matter jurisdiction are the administrative courts, and the action is heard before the administrative court of the place where the administrative authority that refused the application is situated.

The period for bringing the action is likewise 60 days from the day following notification of the decision of refusal. The objection and annulment proceedings contain a great many procedural details, and the details of the subject have been examined in a separate study addressing the refusal of a residence permit application.

Cancellation of the Permit

The short-term residence permit is cancelled where the conditions sought for the permit subsequently disappear, where it emerges that those conditions were not present from the outset, where it is established that the permit has been used otherwise than for the purpose for which it was granted, or where there is a deportation decision in force, or a ban on entry into Türkiye, in respect of the foreign national.

In addition, the permits of those who have been abroad for a period exceeding a total of 120 days within the last 1 year are also cancelled. Periods spent for reasons such as education, health, official duty and compulsory public service are not, for their part, included in that calculation.

Notification of the decision of cancellation is made by the governorships and the decision is notified to the foreign national, to his or her legal representative or to his or her lawyer. A foreign national whose permit is cancelled may lodge an objection against that decision with the administrative authority, or may bring an action for annulment before the administrative court.

Pursuant to Art. 19 of the Law on Foreigners and International Protection No. 6458, residence permits that have not begun to be used within 6 months lose their validity.

Objection and Action for Annulment Against a Decision of Cancellation

Where the permit is cancelled, an objection may be lodged against the decision with the relevant administrative authority, or its annulment may be sought before the administrative court. The legal process to be followed after a decision of cancellation is the same as the procedure described above in relation to a decision of refusal.

If an objection to the administrative authority is to be chosen, an application must be made to the Presidency of Migration Management within 60 days from the day following notification of the decision of refusal.

An action for annulment may be brought directly, skipping the objection stage, or may equally be brought after the objection has been refused. The courts with subject-matter and territorial jurisdiction are the administrative courts of the place where the administrative authority that cancelled the permit is situated. The period for bringing the action is 60 days from the day following notification of the decision of refusal.

The details concerning the cancellation of the permit, the legal remedies that may be pursued in that event and the conduct of the process have been addressed in a separate study on the cancellation of the residence permit.

How Is an Extension Application Made?

Extension requests are transmitted through the e-residence system made available electronically by the migration administration. Once an appointment has been obtained from the system, the necessary documents are submitted to the provincial directorate of migration management on the day and at the time appointed.

The extension application must be made within the last 60 days of the period of the residence permit. An extension may not be requested before or after that interval.

Those making an extension application are issued a residence permit application document, and that document is not subject to a fee. Thanks to the document, the person may remain in the country during the period in which the request is being examined, even where the period of the residence permit has expired. For this reason obtaining that document is of great importance.

As a rule the permit is granted for periods of at most 2 years and is extended for periods of at most two years at a time. It is possible for an extension to be made more than once. There are, however, situations falling outside this general rule:

• A permit granted for the purpose of learning Turkish may be extended only once; a second extension may not be made on the same ground.
• The permit of up to 5 years granted to those making an investment in Türkiye together with the family members enumerated in the Act may be extended for periods of up to five years at a time.
• The permit of up to 5 years issued to persons who obtain a short-term residence permit as citizens of the Turkish Republic of Northern Cyprus may likewise be extended for periods of up to five years at a time.
• The permits of those who have completed their higher education in Türkiye and have become entitled to a permit by applying within 6 months may not be extended.

NOTE: The practice of sending the documents necessary for the extension procedure by courier or by registered post with acknowledgement of receipt was brought to an end as of 02.05.2019 and a system of appointments was adopted. For this reason it is necessary to be present at the provincial directorate of migration management on the day and at the time indicated in the application form and to leave no deficiency in the documents.

Documents Sought in the Extension Application

The documents requested in the initial application are sought at the extension stage as well. The administration is thereby able to observe whether the situation existing in the previous period still continues.

The subject of extension contains a great many details, both as regards identifying and collecting the necessary documents and as regards conducting the process correctly. All of those details have been addressed in a separate study entitled the extension of a residence permit.

Refusal of the Extension Request

An extension request is refused by the administration in certain circumstances. Reasons such as the documents sought being incomplete, the process not being conducted in accordance with procedure, or the applicant not possessing the qualities sought, may lead to a decision of refusal.

The principal grounds of refusal are as follows:

• The subsequent disappearance of one or more of the conditions sought for the permit,
• The establishment that the permit has been used otherwise than for the purpose for which it was granted,
• A deportation decision having been given in force in respect of the person requesting the extension,
• A ban on entry into Türkiye having been imposed in respect of the same person,
• A period exceeding a total of 120 days within the last 1 year having been spent abroad, leaving aside periods spent for reasons such as education, official duty, health and compulsory public service,
• The steps required for the extension not being carried out in accordance with the proper procedure and form,
• A deficiency in the documents sought for the extension request.

A person whose extension request is refused is given a document, not subject to a fee, enabling him or her to stay in Türkiye for up to 10 days. Where the 10-day period has expired and the foreign national has not left the country, a deportation decision is taken in respect of him or her. By contrast, if the foreign national has come to the border gate of his or her own accord in order to leave, no deportation decision is given in respect of him or her.

Objection and Action for Annulment Against the Refusal of an Extension

Where an extension request is refused, the possibility of lodging an objection with the administrative authority and of bringing an action for annulment before the administrative court likewise exists.

The objection and court proceedings to be pursued in this event are the same as the procedure applied in cases of refusal and cancellation of the permit. The matters explained under the relevant headings therefore apply here as well.

The Cost of an Extension Application

The extension expenses, consisting of the fee, health insurance and notary charges, stand at an average level of TRY 8,000 for 2023. That amount may vary according to the type of residence permit applied for; depending on the applicant’s situation, some items of expenditure may not arise at all.

In addition, legal fees, to be determined according to the circumstances of the particular case, will also arise.

Transfer Between Residence Permits

Just as foreign nationals holding a short-term residence permit may transfer to other types of permit, so it is possible for holders of other permits to transfer to a short-term residence permit. The determining matter is that the conditions required by the permit to which the transfer is sought are satisfied.

Transfer to a short-term residence permit:

• The possibility for a foreign national living in Türkiye on a family residence permit to transfer to this permit after divorcing his or her Turkish spouse is subject to the marriage having lasted at least 3 years. Where the foreign spouse has been a victim of domestic violence, the 3-year period is not sought; the court decision relating to that situation must be added to the file.
• In the event of the death of the sponsor under a family residence permit, the foreign national may transfer from the family residence permit to a short-term residence permit by submitting the death certificate.
• In a transfer from the other types of permit, the conditions sought for the short-term residence permit must be present and the documents corresponding to the ground put forward must be obtained.

Transfer from the short-term residence permit to other permits:

• Where the conditions are satisfied, the right to transfer to a long-term residence permit and to the other types of permit exists.
• A foreign national who marries a Turkish citizen may transfer from a short-term residence permit to a family residence permit.

For transfer procedures, a form is first completed through the e-residence system and an appointment is obtained; the necessary documents are then submitted to the provincial directorate of migration management on the day and at the time notified in the system. With the completion of these steps the application has been made.

Leaving no deficiency in the documents and completing the procedures within time are of particular importance at this stage. The details concerning transfers between permits have been examined, having regard to the various possibilities, in a separate study entitled the application for transfer of a residence permit. All types of residence permit regulated under the Law on Foreigners and International Protection No. 6458 and the relevant Regulation, together with how they are to be obtained and what conditions they require, are for their part addressed in the study on the residence permit.

Conclusion

The short-term residence permit rests on a procedure far more detailed than it appears. The incomplete submission of documents or the failure to satisfy the conditions sought results in the refusal of the application or the cancellation of the permit; and that in turn raises the risk of deportation for the foreign national. In order for the process to be completed without error and in the shortest possible time, it is for this reason recommended that expert legal support be relied upon.

Independent Legal Assessment

A significant part of the problems encountered in short-term residence permit files stems from an incorrect determination at the outset of the ground of stay on which the application is to be based. More than one ground may in theory be available for the same foreign national; however, each ground has a different set of documents, a different maximum period and a different extension regime. For example, whereas a permit based on graduation from higher education cannot be extended, a permit based on the ground of investment may be extended in instalments of five years each. These differences turn the choice made at the time of application into a matter of long-term planning.

The second critical dimension of the process is the management of time limits. The fact that an extension application may be made only within the last 60 days, that a period spent abroad exceeding 120 days is regarded as a ground of cancellation, and that the permit loses its validity if it has not begun to be used within 6 months, makes it essential that the calendar be followed carefully.

In drawing up a road map for a particular application, the following headings should be given priority:

• Selecting the ground of stay having regard not only to the initial application but also to the possibilities of extension and transfer
• Checking that the validity of the passport exceeds the period of permit requested by at least 60 days
• Confirming that the period of health insurance covers the period of permit requested in full
• Entering in the calendar the obligation to register in the address registration system within 20 working days
• Monitoring regularly the periods spent abroad against the 120-day threshold
• Calculating the 60-day objection and action periods in decisions of refusal or cancellation from the date of notification

Independent Legal provides advisory services and the conduct of litigation at every stage, from the preparation of foreign nationals’ residence permit applications to the objection and annulment proceedings to be pursued against decisions of refusal and cancellation.