Among foreign nationals who wish to remain in Türkiye beyond the ninety-day period afforded by a visa or by visa exemption, one of the most frequently chosen permit types is the residence permit for tourism purposes. The reason for this intense interest is that, for a long period, the likelihood of the application being accepted was high by comparison with other permit types.
The picture has, however, changed. Recent regulatory measures and administrative practice have removed the former ease of obtaining a tourism permit. Today this permit is counted among the types in respect of which refusal decisions are most frequently given in practice.
In this briefing note we assess the statutory basis of the permit, the course of the application, the conditions required, the documents to be placed on the file, the health insurance obligation, the duration of the permit and the costs; and thereafter the grounds of refusal and cancellation together with the legal remedies to be pursued against them, and applications for extension and for transfer.
Definition of the Residence Permit for Tourism Purposes
This permit is the type of permit that enables foreign nationals who come to Türkiye for tourism purposes to remain in the country for longer than the period of the visa or visa exemption. In terms of its legal nature it falls among the short-term residence permits.
It finds its statutory basis in subparagraph (e) of the first paragraph of Article 31 of the Law on Foreigners and International Protection No. 6458; the provision envisages that a short-term residence permit may be granted to foreign nationals who are to remain for tourism purposes.
All the other permit types regulated by the Law are addressed in a separate study entitled how a residence permit is obtained.
How Is the Application Made?
The permit is obtained by making an online application through the e-residence system and thereafter submitting the necessary documents to the provincial directorate of migration management. Applications are made from within the country.
Following the online application, the provincial directorate of migration management allocates an appointment date to the foreign national. The foreign national must prepare the documents by that date and be present at the provincial directorate of migration management on the day of the appointment. Foreign nationals under the age of 18 are required to attend the appointment together with their parents or legal representatives, or to produce a written consent issued by them. The outcome of the application is notified to the foreign national.
A request for a tourism permit may be submitted to the provincial directorate of migration management within the ninety-day period during which one may remain on a visa without the need for a residence permit. It is also possible for the application to be made through an authorised representative before arriving in Türkiye.
Conditions Required for the Permit to Be Granted
Since the permit for tourism purposes is a sub-type of the short-term permit, it is subject in the first place to the conditions relating to the short-term permit. In addition, the foreign national must establish that he or she has come to the country for tourism purposes and will reside there for that purpose.
The conditions required are as follows:
- To make the request stating that the ground of stay is tourism and to submit the information and documents relating thereto (such as a hotel reservation or an air ticket)
- Not to be in the position of an inadmissible passenger; those who have no passport, visa or document taking their place, those who have obtained such documents by fraudulent means, and those whose documents prove to be forged fall within this scope
- To have accommodation complying with general health and safety criteria
- To produce, where requested, the criminal record issued by the country of nationality or of residence
- To notify the address details at which the person will stay in Türkiye
Satisfying these conditions does not mean that the application will be accepted outright and the permit granted. The conditions in question are in the nature of a condition of validity of the application. The requests of those who do not satisfy the conditions are refused without being taken into assessment; the files of those who do satisfy them are examined on the merits by the competent authority.
To Whom Is the Permit Granted?
The tourism permit is granted, upon their application and provided that they satisfy the necessary conditions, to foreign nationals who come to Türkiye for tourism purposes and wish to remain beyond the ninety-day visa period.
The picture in practice has changed over time. Before the circular issued in 2022 this permit was granted to almost all applicants, since virtually all tourists satisfied the conditions. In the recent period, while permits continue to be granted to Ukrainian and Russian nationals on account of the war, the applications of nationals of other countries are for the most part refused.
Documents to Be Placed on the Application File
The documents required overlap to a large extent with those required for the short-term permit:
- The residence permit application form (completed online through the e-residence system and printed out)
- The original and a photocopy of the visa
- The original and a photocopy of the passport
- 4 biometric photographs (taken within the last 6 months)
- A health insurance policy
- An address registration document
- A declaration of income; a document showing that the person has the financial means to support himself or herself in Türkiye throughout the period of the permit
- A certificate of residence (a title deed for those staying in their own dwelling, a notarised copy of the lease agreement for those living in rented accommodation, and a letter confirming the stay for those staying in establishments such as hotels or guesthouses)
- The receipt for the residence fee
- Documents establishing that the ground of stay is tourism (such as a hotel reservation or air tickets)
The provincial directorate of migration management may request further documents beyond this list; where such a request is made, additional time is also afforded to the foreign national. Official documents to be brought from the country of nationality must bear an apostille and be submitted with a notarised sworn translation. Where an item of documentation is missing, the administration affords a period for completion; if the deficiency is not remedied within the period afforded, the request is refused.
Health Insurance for Foreign Nationals
Health insurance is one of the conditions that must be satisfied for the permit to be issued. Insurance is compulsory for residence permits exceeding one year, and the term of the policy must be at least as long as the period of the permit. Where the period of the permit is shorter than one year, there is no insurance requirement.
For How Many Years Is the Permit Granted?
The permit for tourism purposes is issued for a maximum of 2 years. That two-year period is the upper limit; a permit of shorter duration may also be granted in line with the request of the foreign national and the discretion of the administration.
How Long Does the Application Take?
In practice the permit is issued within approximately 30 days. A request by the migration authority for additional documents, or a deficiency in the documents submitted, may lengthen that period. As regards the statutory upper limit, the authority to which the application is made must respond within 90 days at the latest.
Since the request is expected to be submitted from within the country, foreign nationals who have come to the country may travel abroad after lodging the file and until the decision is issued. Following an application made in person they are given an application certificate; by virtue of that document multiple entries into the country may be made for a period not exceeding 15 days.
Fees and Costs
The costs relating to the tourism permit stood at approximately TRY 8,000 for 2023. Approximately TRY 2,000 of that amount corresponds to notarial expenses, TRY 3,000 to health insurance and TRY 3,000 to residence fees. The cost items increase each year at the revaluation rate.
Refusal of the Application
A refusal decision may arise from a great many grounds. Where one of the grounds of refusal provided for by the Law is present, the migration authority gives an unfavourable decision. The administration leaving the application unanswered for 90 days is likewise treated as an implied refusal.
The principal grounds of refusal as regards the tourism permit are as follows:
- A deficiency in one of the conditions of the permit
- The existence of a decision banning the foreign national from entering Türkiye
- The existence of a deportation decision in respect of the foreign national
- The foreign national carrying a contagious disease constituting a threat to public health
- The application having been made after the expiry of the visa period
The remedies of objection and an action for annulment are open against a refusal decision. In addition, a foreign national whose application has been refused may make a fresh application relying on a different ground. For a new request for a tourism permit on the same ground, however, 6 months must be awaited from the notification of the refusal decision.
Administrative Objection and Litigation Against a Refusal Decision
The migration authority may refuse the application expressly or by implication. In either case the foreign national may object to the administration or may bring an action directly before the administrative court. The strict period for both courses is 60 days. Time begins to run, in the case of an express refusal, on the day following notification of the decision, and, in the case of an implied refusal, on the day following the 90th day after the application.
The objection is addressed to the governorship to which the provincial directorate of migration management receiving the application is attached, and the period for objection is 60 days. Where the objection is refused, an action for annulment may be brought. For that reason, where an objection is lodged, the 60-day period for bringing an action is suspended.
The foreign national may, if he or she so wishes, bring an action for annulment directly following the refusal decision, or may first object and, upon refusal of the objection, proceed to litigation. Subject-matter and territorial jurisdiction in the action lie with the administrative court of the place where the migration authority that took the unfavourable decision is situated.
As a rule, a foreign national whose application has been refused must leave the country within 10 days of the expiry of the visa period; otherwise a deportation decision is taken in respect of that person. By contrast, a foreign national who objects to the refusal decision or brings an action for annulment may remain in Türkiye until the process is concluded.
The details of the matter and the steps to be followed in the objection and the action for annulment are explained in the study entitled refusal of a residence permit application.
Cancellation of the Permit
Cancellation arises where one of the conditions of validity ceases to exist or where it subsequently emerges that a condition was not present from the outset. A finding that the permit has been used otherwise than for the purpose for which it was granted produces the same result. In addition, failure to enter the country within 6 months after the document has been issued is also a ground of cancellation.
For example, if a deportation decision existed in respect of the foreign national at the time of the application, this means that there was a deficiency in the conditions from the outset. Where that situation is not noticed while the file is being assessed, the application may have been accepted and the permit issued.
For as long as the permit is in force, the subsequent discovery of the deficiency may result in cancellation. It must therefore be closely monitored whether the conditions continue to be satisfied without interruption. Detailed explanations concerning cancellation are set out in the study entitled cancellation of a residence permit.
Administrative Objection and Litigation Against a Cancellation Decision
An objection may likewise be lodged and an action for annulment brought against a cancellation decision. The period in respect of these courses is 60 days and begins to run on the day following notification of the cancellation decision. Where an objection has been lodged first and has been refused, an action may be brought; by contrast, where an action is brought directly, the right of objection is lost.
The objection is addressed to the governorship to which the provincial directorate of migration management that took the cancellation decision is attached. Lodging an objection within time suspends the period for bringing an action. Where the objection is refused, the period for bringing an action continues to run from where it left off, as from the date of notification of the decision.
The action may be directed against the cancellation decision itself or may be brought upon refusal of the objection. Subject-matter and territorial jurisdiction again lie with the administrative court of the place where the migration authority is situated.
Extension of the Permit
The request for extension is submitted online through the e-residence system. Once the form has been completed, the necessary documents are prepared and submitted to the provincial directorate of migration management on the date and at the time of the appointment given by the system.
The period during which an extension application may be made opens 60 days before the expiry of the existing permit and closes when the term of the permit expires. Where an application could not be made during that period on valid grounds, it is possible to apply within 15 days after the expiry of the permit.
NOTE: Where the personal details on the permit document subsequently change, that change must be notified to the provincial directorate of migration management within 20 days. Since in such a case the application cannot be made by post, it is compulsory to attend the provincial directorate of migration management in person with the documents required for the extension request.
Details as to the stages of the extension application and the documents required are set out in the study entitled extension of a residence permit.
Documents Required for the Extension Application
The content of the extension file is the same as the documentation submitted with the initial application. The only difference is that the extension request also requires submission of the residence permit document already held.
All documents drawn up in a foreign language must be submitted together with a notarised translation. Official documents issued by foreign state authorities must, in addition, either be certified by the Turkish consulate in the country concerned or bear an apostille issued by the competent authorities of that country.
Refusal of the Extension Application
The extension request is refused where there is a deficiency in the conditions for extension. The conditions for extension almost entirely coincide with those required for the initial grant of the permit. In other words, the possibility of extending the permit depends on the continued existence of the conditions for its grant.
Administrative Objection and Litigation Against a Refusal of Extension
An objection may likewise be lodged and an action for annulment brought against the refusal of an extension request. The period is again 60 days. It is possible to object first and, where the objection is refused, to bring an action for annulment. The rules governing these courses are the same as the regime applicable to the refusal of a permit application.
Costs of Extension
The costs of extension were approximately TRY 8,000 for 2023; that amount consists of approximately TRY 2,000 in notarial expenses, TRY 3,000 in health insurance and TRY 3,000 in residence fees. Where, however, the foreign national’s existing health insurance is still in force and also covers the period for which extension is requested, there is no need to take out a new policy.
Is It Possible to Work on a Tourism Permit?
A foreign national holding a residence permit for tourism purposes may not work on the basis of that document. The ability of foreign nationals to work in Türkiye depends on their obtaining a work permit separately and independently of the residence permit.
Applications for Transfer to Other Permit Types
A transfer application is a course available to foreign nationals who hold a permit for tourism purposes and wish to move to another permit type, as well as to those who already hold a different permit and wish to move to a permit for tourism purposes.
Where the ground underlying the existing permit has ceased to exist, the request must be submitted to the provincial directorate of migration management using the e-residence system within 10 days following that date. Where, by contrast, a new ground has arisen enabling transfer to a different permit, no time condition applies; the application may be made throughout the period of validity of the existing permit.
Following the application made through e-residence, an appointment day and time are fixed. The applicant must attend the provincial directorate of migration management in person on that date with the necessary documents. The details of the matter are explained in the study entitled residence permit transfer application.
To give two examples from practice: a foreign national studying in Türkiye may, after completing his or her education and if the conditions are met, transfer to a permit for tourism purposes in order to continue to remain in the country. Likewise, a foreign national who has come as a tourist and is present in Türkiye on a permit for tourism purposes may apply for a family residence permit upon marrying a Turkish citizen.
The Independent Legal Assessment
The residence permit for tourism purposes is, in practice, one of the permit types with the highest rate of unfavourable decisions. That picture conflicts with the widespread perception that the permit is an easily obtained document and catches applicants unprepared. Supporting the ground of the file with concrete documents has become more decisive in this type than in other permit types.
Where a refusal decision is given, an objection must be lodged, or an action for annulment brought, within time and in due form. An error at that stage does not merely result in the permit not being obtained; it may also lead to a deportation decision being taken in respect of the foreign national. By contrast, the fact that a foreign national who objects or brings an action may remain in the country until the process is concluded makes the timely pursuit of the legal remedy all the more important.
In a concrete file the following headings should be prioritised:
- Establishing the tourism ground concretely by means of air tickets, reservations and accommodation documents
- Making the application before the expiry of the visa period and calculating the ninety-day period correctly
- Ensuring that the health insurance policy covers the whole period of the permit where the permit exceeds one year
- Satisfying, in respect of documents obtained abroad, the requirement of an apostille or Turkish consular certification together with a notarised translation
- Calculating the 60-day objection and litigation periods with regard to the distinction between express and implied refusal
- Entering the country within 6 months after the permit has been issued and not using the permit otherwise than for its purpose
- Bearing in mind from the outset, where there is an intention to work, that the tourism permit will not serve that purpose, and considering the work permit route
Independent Legal provides advisory and litigation services in the field of immigration law in the preparation of applications for residence permits for tourism purposes, the conduct of extension and transfer requests, and the follow-up of actions to be brought against refusal and cancellation decisions.