The framework governing the presence of foreign nationals in our country and their visa procedures is drawn by the Law on Foreigners and International Protection. The Law does not provide for a single type of permit; it regulates separately a variety of residence permit types that differ according to the purpose of the stay. The document referred to in everyday language simply as a “residence permit” most often means the short-term residence permit and, where it is issued by the competent authorities, allows a person who is not a Turkish citizen to remain in Türkiye for a specified period. The grounds on which that permit rests may, however, be very different from one another.
The criterion is simple: every foreign national who plans to remain in Türkiye beyond the period afforded by a visa or by visa exemption, or beyond the ninety (90) day threshold, must apply to the migration management unit in the province where he is located and obtain a residence permit. That document is the legal basis determining how long the person may remain in the country. Being present in Türkiye outside the period of a visa is possible only with a valid residence permit.
Among the types of permit regulated by the Law, the short-term residence permit ranks first in terms of the number of applications, since it is comparatively easier to obtain. Below we assess, in turn, who may apply for this permit, what conditions are required, the permit periods, the procedure for extension and the judicial avenue to be pursued where the application is refused.
Foreign Nationals Who May Apply for a Short-Term Residence Permit
Which foreign nationals may apply for this permit is set out in Article 31 of the Law on Foreigners and International Protection. Under that provision, the persons who may request a short-term residence permit are the following:
- Those who will remain in the country for the purpose of tourism
- Foreign nationals who own immovable property in our country
- Those who come in order to establish a commercial connection or to set up a business
- Those who will come to Türkiye in order to conduct scientific research
- Those who will take part in in-service training programmes
- Those who come for educational and similar purposes within the scope of agreements to which the Republic of Türkiye is a party, or of student exchange programmes
- Those who come for the purpose of treatment, provided that they do not carry one of the diseases regarded as a threat to public health
- Persons who must remain in the country pursuant to the request or decision of the judicial or administrative authorities
- Those transferring from a family residence permit to a short-term residence permit
- Those who will attend courses for learning Turkish
- Those who will take part in education, research, internship and course programmes conducted through public institutions
- Those who have completed their higher education in Türkiye and apply within six months following the date of graduation
- Citizens of the Turkish Republic of Northern Cyprus
- Those who, while not working in our country, will make an investment of a scope and amount to be determined by the President; and also the foreign spouse of such persons and the non-adult or dependent foreign children of those persons and of their spouse
A foreign national who bears one of the characteristics listed may, where considered necessary, be asked to establish that situation by documentary evidence. It is also required that the conditions of stay in the country of persons coming on those grounds correspond to the purpose they have declared.
For the general framework of the subject, our study entitled “How Is a Residence Permit Application Made?” may also be consulted.
Conditions Required for the Permit to Be Granted
The conditions to which the short-term residence permit is subject are laid down in Article 32 of the same Law. Under that provision, what is expected of the applicant may be summarised as follows: to fall within the scope of one of the groups listed above, not to be among the foreign nationals whose entry into Türkiye is barred, to have accommodation meeting general health and safety criteria, to notify the administration of the details of the address at which he will stay in Türkiye and, if requested, to produce a criminal record certificate issued by the competent authorities of the country of which he is a citizen or in which he lawfully resides.
One of those conditions, the category of “foreign nationals who are not permitted to enter Türkiye”, is separately regulated in Article 7 of the Law No. 6458. The wording of that provision is as follows:
Law on Foreigners and International Protection, Art. 7
“(1) The following foreign nationals shall be treated as inadmissible passengers and shall be refused entry into Türkiye and turned back:
a) Those who do not hold a passport, a document in lieu of a passport, a visa, or a residence or work permit, and those in respect of whom it is established that they obtained those documents or permits by fraudulent means or that the documents are forged
b) Those who do not hold a passport or a document in lieu of a passport valid for at least sixty days from the expiry of the visa, of the visa exemption or of the residence permit period”
Where all of the conditions listed above are met, a short-term residence permit may be issued to the applicant foreign national.
Permit Period and Exceptions as to Period
As a rule, the short-term residence permit is issued in blocks of no more than two years at a time. Two groups fall outside that two-year limit: citizens of the Turkish Republic of Northern Cyprus, and foreign nationals who, while not working in Türkiye, will make an investment of a scope and amount to be determined by the President, together with their foreign spouse and the non-adult or dependent foreign children of those persons and of their spouse.
For those two groups, the permit may be granted for periods of up to five years at a time.
The restriction does not rest on a yearly basis alone; an upper limit is also prescribed as regards the number of times the permit may be issued. The residence permit granted to foreign nationals who will attend Turkish-language courses may be issued no more than twice.
For those who apply within six months after completing their higher education in Türkiye, the permit may be issued only once and for a period of no more than one year.
To Which Authority Is the Application Made?
Under Article 21 of the Law, a request for a short-term residence permit is submitted to the Turkish consulates in the country of which the foreign national is a citizen or in which he lawfully lives.
The consulate forwards the file to the Directorate General of Migration Management, adding its own opinion. The Directorate General decides on the request, obtaining where necessary the assessments of other institutions as well, and then notifies the consulate of the outcome, whether the issue of the permit or the refusal of the request.
The maximum period prescribed for applications to be decided is ninety days. The decision taken is served on the applicant.
Extension of the Permit
A request for extension must be addressed to the governorships from the point at which sixty days remain until the expiry of the existing permit and, in any event, before the permit period expires. The power to extend residence permits therefore lies with the governorships.
A document not subject to any fee is issued to a foreign national who applies for an extension. By virtue of that document, the person concerned may continue to remain in Türkiye until a decision is given on his request, even if the residence permit period has expired. In this way it is ensured that the residence in the country of foreign nationals who apply for an extension before expiry is not interrupted.
Refusal, Cancellation and Non-Extension
The circumstances in which a short-term residence permit will not be granted, in which it will be cancelled if granted, and in which permits that have expired will not be extended, are laid down in Article 33 of the Law. Accordingly, the existence of one of the following three situations is sufficient: the existence of a deportation decision or an entry ban in respect of Türkiye that is in force against the person; the establishment that the permit is being used for a purpose other than that for which it was issued; and the fact that one or more of the conditions on which the permit rests has never materialised or has subsequently ceased to exist.
Action for Annulment of a Refusal Decision
As explained in detail above, the requests of foreign nationals who meet the conditions required by the legislation are examined and determined by the administration. Nevertheless, the administration may decide to refuse on a variety of grounds. The ground of refusal is sometimes a failure to meet the conditions in the legislation, or an application made with incomplete or erroneous documents, and sometimes it arises from the administration exercising its discretionary power.
A foreign national whose request is refused may, if he considers that decision unlawful, bring an action seeking its annulment. The action must be brought before the administrative court of the place where the administration that adopted the decision is located. That action must be brought within 60 days, running from the day on which the decision was served.
Decisions adopted by the administration granting or refusing an application are, by their nature, administrative acts. For that reason, whether those acts may be regarded as lawful depends on all of the elements they must bear being present in full. As addressed in our study entitled “Annulment of Administrative Acts”, administrative acts found to be defective in any of the elements of competence, form, cause, subject matter and purpose may be annulled by the court.
Frequently Asked Questions
How long do applications take to be concluded?
Requests for a short-term residence permit are decided within ninety days at the latest from the moment the file is taken up for processing.
For how long at most is the permit granted?
The principal rule is that the permit is issued for a period of no more than 2 (two) years.
Can a family residence permit be converted into a short-term permit?
Persons who have remained in Türkiye for at least 3 years on the basis of a family residence permit and who have completed the age of 18 may make such a request. In the event of the death of the sponsor, those present in the country on a family residence permit dependent on him may likewise request that their permits be converted into a short-term residence permit.
What documents are required for the application?
The documents requested include the residence permit application form, the original and a photocopy of the passport or of the document in lieu of a passport, 4 biometric photographs complying with ICAO standards, health insurance, a criminal record and documents establishing the existence of sufficient financial means for the duration of the permit. Depending on the particular situation, the submission of additional documents may also be required.
What happens if there is a deficiency in the documents?
Where a missing document is identified in the application, the foreign national is notified which document must be completed and that the deficiency must be remedied within 15 days. If the completion is not made within that 15-day period, the file is not taken up for assessment and is struck out.
How is the residence permit card delivered?
All residence permit cards are printed by the Provincial Directorate General of Migration Management and delivered by PTT to the address notified by the foreign national.
Is representation by a lawyer mandatory in administrative proceedings?
Turkish law allows parties to defend themselves in person before the courts; save for certain exceptions, representation by a lawyer is not mandatory, and no such obligation exists in respect of the administrative courts either. However, the technical structure of administrative law legislation and the short and strict character of the periods in the Administrative Procedure Act may produce consequences that are difficult to remedy where the process is conducted by persons who are not lawyers.
Independent Legal Assessment
In short-term residence permit files, a significant proportion of disputes arises from a mismatch between the ground on which the application is based and the documents submitted. The administration examines whether the declared purpose of stay corresponds to the actual situation; where documentation is inadequate in respect of grounds such as owning immovable property, receiving treatment or making an investment, the request may be refused. In the action brought following a refusal decision, the factual basis on which the administration founded its exercise of discretion then becomes decisive.
The preparation carried out at the outset of the process directly affects the room for manoeuvre at the litigation stage. The construction of the application file and the strategy of any subsequent action for annulment must therefore be thought through together.
In a given file, the following matters in particular should be given priority:
- Determining clearly which subparagraph of Article 31 of the Law corresponds to the statutory ground on which the application is based
- Documenting the conditions of accommodation, health insurance and financial means so as to cover the entire period of the permit
- Not missing the sixty-day application window in extension requests, and applying before the permit period expires
- Scheduling the 15-day completion period once notification of missing documents has been given
- Documenting the date of service of the refusal decision and calculating the 60-day time limit for bringing an action on the basis of that date
- Grounding the request for annulment separately on each of the elements of competence, form, cause, subject matter and purpose
Independent Legal provides advisory services throughout the entire 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 refusal decisions.