The student residence permit is the type of permit that legally enables a foreign national to remain in Türkiye for the duration of the education he or she pursues here. Foreign nationals who wish to be present in the country in the capacity of a student become entitled to this permit where they satisfy the conditions required by the Act. The principles and conditions governing the permit are laid down within the framework of the Law on Foreigners and International Protection No. 6458 and the Regulation implementing that Act. Under those provisions, students who are to study at primary and secondary education level, together with students at associate degree, undergraduate, master’s and doctoral level, may obtain a student residence permit provided that they submit the information and documents establishing that they will remain in the country for that purpose. Foreign nationals present in Türkiye under this permit also have the possibility of working; to do so, however, they must additionally obtain a work permit. Furthermore, once the student residence permit has expired, it is also possible to apply to the relevant governorship within 15 days and request a residence permit appropriate to the new purpose of stay.
Who Is This Permit Issued To?
Persons holding a family residence permit may continue their education at primary and secondary education institutions until they reach the age of eighteen without additionally obtaining a student residence permit. The student residence permit therefore arises for foreign nationals who do not hold a family residence permit but who are to study at primary or secondary education level.
Foreign students who are to attend an associate degree, undergraduate, master’s or doctoral programme at a higher education institution in Türkiye are likewise covered by this permit.
In the same way, those undertaking Medical Specialty (TUS) and Dental Specialty (DUS) training, as well as students directed to a Turkish language course by their universities, may obtain a student residence permit. The permit may also be issued to students who come to the country under the Erasmus Programme and similar international exchange programmes.
Conditions Required
The conditions for granting the permit are set out in Article 39 of the Law on Foreigners and International Protection No. 6458. Accordingly, the applicant must submit the information and documents supporting the purpose of his or her presence in Türkiye. He or she must also notify the provincial directorate of migration management of the address details of the place where he or she will stay in the country. Finally, foreign nationals listed in Article 7 of the same Act among those who are to be refused entry to the country may not apply for this permit.
For detailed information on the residence permit application process, our study entitled How to Obtain a Residence Permit may be consulted.
Relationship with Other Residence Permits and Transfers
A foreign national holding one of the residence permits may, once the ground underlying that permit has ceased to exist, make a fresh application relying on the same or a different ground. For instance, a foreign national present in the country on the basis of a family residence permit may subsequently transfer to a student residence permit.
The converse is also possible: a foreign national holding a student residence permit may obtain a family residence permit where he or she satisfies the conditions. In that case a family residence permit is issued in the person’s name; for as long as he or she continues to satisfy the conditions of the student residence permit, he or she also continues to enjoy the rights conferred by that permit in full.
Where the foreign national already holds a family residence permit and has also become entitled to a student residence permit, the family residence permit is maintained as it stands. The person nevertheless enjoys in full the rights conferred by the student residence permit as well.
A similar solution applies in respect of the work permit. Where a foreign national holding a work permit at the same time satisfies the conditions for a student residence permit, the work permit retains its validity; he or she additionally enjoys in full the rights conferred by the student residence permit.
Holders of a humanitarian residence permit or of a residence permit for victims of human trafficking may, provided that they satisfy the conditions for a student residence permit, enjoy the rights conferred by that permit without any need to transfer to it.
The other types of residence permit available to foreign nationals include the short-term residence permit, the long-term residence permit and the humanitarian residence permit.
Validity Period of the Permit and Its Extension
Under Article 38 of the Law on Foreigners and International Protection No. 6458, the duration of the student residence permit varies according to the foreign national’s level of study. For primary and secondary education students, the permit is issued so as to be valid from the date on which the education begins until the start of the following academic year, and for a maximum of one year.
For those pursuing associate degree, undergraduate, master’s or doctoral studies at a higher education institution in Türkiye, the permit is granted so as to cover the whole of the study programme. The permit of a student who is unable to graduate within the normal period of study may be extended in one-year instalments, provided that the maximum period of education is not exceeded. Where graduation takes place, the permit is terminated as of the date of graduation. Within ten days following that date, an application must be made to the provincial directorate of migration management for a residence permit appropriate to the new purpose of stay.
Documents Required for the Application
The number of documents to be prepared for a student residence permit application is not inconsiderable. It should not be forgotten that different documents may also be requested according to each applicant’s particular circumstances. That said, the documents generally required irrespective of the type of student are as follows:
- The Residence Permit Application Form
- The original and a photocopy of the passport or of the document replacing it
- 4 biometric photographs complying with ICAO standards
- Receipts showing that the relevant fees have been paid
- Valid health insurance
- Criminal record
- A certificate of active student status
- Documents proving that sufficient financial means are available for the duration of the stay
- A document establishing the place where the applicant will stay if the permit is granted
- Any additional documents considered necessary in the particular circumstances
Is It Possible to Work on a Student Residence Permit?
Associate degree, undergraduate, master’s and doctoral students enrolled in formal education in Türkiye have the right to work provided that they obtain a work permit. Students who obtain a work permit are not additionally required to obtain a student residence permit for the period during which that permit is valid. Conversely, where the work permit expires or is not extended, they must obtain a student residence permit. It should also be noted that, for associate degree and undergraduate students, the right to work arises only after the completion of the first year. Work permit applications are made to the Ministry of Labour and Social Security.
Position in Terms of International Protection Status
Article 35 of the Regulation on the Implementation of the Law on Foreigners and International Protection provides that, as a rule, those who wish to study in Türkiye are under an obligation to obtain a student residence permit. The remainder of that article provides that the provision concerning applicants for international protection and holders of international protection status is reserved. Under that reserved provision, persons who have applied for international protection or who have acquired that status may study on the basis of documents establishing their status, without any need for a student residence permit.
Refusal, Cancellation or Non-Extension of the Permit
Where the conditions on which the student residence permit is based have never arisen, or have subsequently ceased to exist, the permit is not issued. For example, where the student does not hold the status of a master’s student at a university in Türkiye, or where his or her student status is terminated, the permit may be cancelled.
The emergence of evidence that the student will be unable to continue his or her studies in Türkiye may likewise constitute a ground for cancelling the permit or for not extending its duration.
Beyond these situations, the permit may also be refused where it is established that the foreign student has used the permit otherwise than for the purpose for which it was granted, or where a deportation decision or a ban on entry to Türkiye is in force in respect of the person concerned.
Action for Annulment of the Refusal Decision
As explained in detail above, applications for a family residence permit by foreign nationals who satisfy the conditions laid down in the legislation are examined and decided by the administration. In certain cases the administration may, relying on various grounds, order the refusal of such applications. The ground for refusal may be a failure to satisfy the conditions laid down in the legislation, or an application made with missing or incorrect documents; the administration may also give an unfavourable decision within the framework of its discretionary power.
Foreign nationals whose student residence permit request is refused may, if they consider that decision to be unlawful, bring an action seeking its annulment. The action is brought before the administrative court of the place where the administration that adopted the decision is located. The period for bringing the action is 60 days from the date on which the refusal decision was served on the person concerned.
The decisions to grant or to refuse given by the administration on an application are, by their legal nature, administrative acts. Such decisions must therefore fully possess all the elements required for lawfulness. As explained in our study entitled Annulment of Administrative Acts, administrative acts in which a defect is established in at least one of the elements of purpose, subject matter, ground, competence and form may be annulled by the court.
Frequently Asked Questions
Is it mandatory to instruct a lawyer in proceedings before the administrative court?
Turkish law allows parties to defend and represent themselves in person before the courts; save for certain exceptions, there is no obligation to instruct counsel. Nor is representation by an administrative law lawyer mandatory before the administrative courts. That said, the complex structure of administrative law legislation and the short and strict time limits in the Administrative Procedure Act may, where the process is conducted by persons who are not lawyers, give rise to irremediable errors of form or of substance. It is therefore recommended that legal assistance be obtained from lawyers practising in the field of Administrative Law before any step is taken.
What does a student residence permit mean?
The type of residence permit that must be obtained by foreign nationals who come to Türkiye for the purpose of education and training is known as the student residence permit.
Can persons other than the applicant benefit from the permit?
Only the student who makes the application may benefit from the student residence permit. It is not possible for the foreign national who has made the application to benefit from this residence permit.
Can a student holding the permit work directly?
No. The ability of foreign students holding a student residence permit to work in Türkiye depends on their additionally making a work permit application. Such applications are addressed to the Ministry of Labour and Social Security.
How long does the permit last?
The student residence permit may be granted for a period of at most 1 year, having regard to the foreign national’s period of study. Once that period has expired, the student has the right to request an extension.
What happens to the permit if enrolment is terminated?
The student residence permit of students whose enrolment is terminated, who suspend their registration of their own accord, or who graduate, is cancelled. A foreign national faced with such a situation must apply for another type of residence permit within 15 days or leave Türkiye.
Why is it important to monitor the duration of the permit?
Where the period expires, serious consequences such as the deletion of the student’s enrolment may follow. The validity period of the permit must therefore be monitored carefully, and a foreign student whose permit has expired must make a fresh application for an extension.
Independent Legal Assessment
In disputes concerning student residence permits, a significant proportion of the problems stem from calendar management rather than from any legal controversy. The ten-day application period following graduation, the fifteen-day transitional period following the expiry of the permit and the sixty-day period for bringing an action against a refusal decision each run from a different starting point; missing one of these periods may render a right that has essentially been secured impossible to exercise. In refusal decisions given by the administration on the basis of its discretionary power, whether the reasoning has been made concrete forms the starting point of judicial review.
When a particular application or action is being prepared, it is appropriate to have regard to the following points:
- Establishing by an up-to-date document that student status is active as at the date of the application
- Verifying whether the documents on financial means and health insurance genuinely meet the required scope
- Where a family or work permit exists, clarifying which permit is to be maintained and which rights are to be exercised concurrently
- Resolving, before the application, any inconsistencies in the address notification and in the document showing the place of stay
- Scheduling the sixty-day period from the outset, taking the date of service of the refusal decision as the starting point
Independent Legal provides legal advisory services and conducts litigation throughout the entire process in disputes in the field of immigration law, from the preparation of residence permit applications to actions for annulment brought against refusal decisions.