The purpose of a foreign national’s stay in Türkiye may change over time. A person who completes his or her studies may begin work, a foreign national who arrived for tourism may marry a Turkish citizen, or a permit based on family unity may lose its foundation when the marriage comes to an end. In such situations, rather than terminating the existing permit and starting again from scratch, it is possible to transfer between permit types.
A residence permit transfer application is the legal mechanism that allows a foreign national holding a valid permit to be transferred to a different type of permit, provided that the required conditions are met. In order to benefit from the rights conferred by the permit type transferred to, the conditions relating to that type must be satisfied, the required documents assembled and the application made in the proper form.
In this note we address the circumstances in which a transfer arises, how and within what period the application is to be made, the document lists that differ according to permit type, and the practical consequences of the process.
The Legal Nature of the Transfer Application
A transfer application denotes the transfer of a foreign national who is staying in Türkiye holding a valid residence permit to another type of permit, provided that the required conditions are met. Recourse to this route depends on one of two situations: the ground on which the existing permit rests has ceased to exist, or a ground requiring a new type of permit has arisen.
The legal basis for transfers between permits is Article 29 of the Law on Foreigners and International Protection No. 6458:
Law on Foreigners and International Protection No. 6458, Art. 29
“Foreigners may request a residence permit appropriate to their new purpose of stay where the ground on which the residence permit was granted has ceased to exist or where a different ground has arisen.”
The Procedure for Making the Application
The process has two stages. At the first stage an appointment is booked through the e-ikamet system; at the second stage the applicant attends the provincial directorate of migration management in person on the day and at the time given.
In the preliminary application conducted electronically, the information relating to the foreign national is entered into the system, and once this stage is complete the applicant is notified of the date and time of the appointment. On the appointed date, the applicant attends the provincial directorate of migration management with the documents that have been prepared. After examining the file, the administration may accept the request or may refuse it.
A twofold distinction applies as regards timing. Where the ground underlying the existing permit has ceased to exist, the application must reach the administration within 10 days of that date. Where, by contrast, the reason for the transfer is the emergence of a new ground, the Law prescribes no time limit.
How an application is created through e-ikamet and how the appointment is booked are explained in our note entitled e-ikamet goc.gov.tr application and appointment. Those who do not meet the conditions required for a transfer retain the option of making a fresh residence permit application; that subject is addressed in our note entitled how to obtain a residence permit.
The Timing of the Application
The moment at which the transfer request must be submitted to the administration varies according to the reason for the transfer. Where the ground underlying the permit has ceased to exist or the permit has expired, a period of 10 days applies to the application to be made to the provincial directorate of migration management.
Where the foreign national wishes to transfer to another type of permit on the basis of a new ground, no time restriction applies. In that case the transfer request may be submitted without waiting for the existing permit to expire.
Which Permit Type May Be Transferred to in Which Situation?
A foreign national holding a residence permit may be transferred to a different type of permit once the conditions required by the legislation are met. The principal transfer scenarios encountered in practice are assessed below.
- Where the conditions giving entitlement to a family residence permit arise in respect of a foreign national holding a student residence permit, a transfer to the family permit may be made. For as long as the student conditions continue to be met, that person also continues to enjoy the rights conferred by the student permit in full.
- Where the conditions for a student permit arise for a foreign national holding a family residence permit, the existing family permit is not terminated; the person is in addition afforded the rights provided by the student permit.
- Where a foreign national holding a work permit comes to meet the conditions for a student permit, the work permit continues and, in addition, the rights conferred by the student permit are also granted to him or her.
- Where the conditions for a student permit arise for those holding a humanitarian residence permit or a residence permit for victims of human trafficking, such persons may benefit from the facilities provided by that permit without transferring to the student permit.
- Where a person marries a Turkish citizen, the route from the short-term residence permit to the family permit is open.
- Where the marriage of a foreign national who is married to a Turkish citizen and stays on a family residence permit ends in divorce, a short-term permit may be granted to that person, provided that he or she has been present in Türkiye on that permit for at least 3 years. The right to apply for other permit types whose conditions are met is also reserved.
- Provided that the necessary conditions are met, it is possible to transfer from the student, family and short-term permit types to the long-term residence permit.
NOTE: The right to transfer to a long-term residence permit is not afforded to refugees, conditional refugees, those holding subsidiary protection status, those holding a humanitarian residence permit or those under temporary protection.
The procedure to be followed and the documents required in transfer applications differ according to the permit type sought. Failure to comply with the periods and procedures prescribed by the legislation is among the principal reasons capable of leading to refusal of the request. It must therefore be correctly established at the outset which permit type’s conditions are in fact satisfied and whether the transfer is legally possible. In order for the process to proceed without difficulty, it is advisable to obtain support from a lawyer practising in the field of immigration law.
Documents Required for a Transfer Application
The administration requests different documents from the foreign national according to the permit type to be transferred to. The applicant must prepare these documents in full and submit them to the provincial directorate of migration management. Below, the documents required for each type are examined separately on the basis of permit type.
Documents Required for Transfer to a Family Residence Permit
The documents requested from the applicant are as follows:
- A photocopy of the passport or of the document in lieu of a passport,
- The residence permit application form,
- A document establishing that the applicant is married, or a photocopy of the marriage certificate,
- 4 biometric photographs,
- The receipt or documents showing that the card fee and the residence fee have been paid.
In addition to these documents, documents are also requested from the person acting as sponsor. The documents requested from the sponsor are as follows:
- Where the sponsor is a Turkish citizen, the original and a photocopy of the identity card,
- Where the sponsor is a foreign national, a photocopy of the passport or of the document in lieu of a passport,
- A photocopy of the Blue Card, the residence or work permit document, or the identity documents relating to refugee or subsidiary protection status,
- Valid health insurance covering all members of the family,
- A signed and certified document showing that sufficient and regular financial means are available for the duration of the stay,
- A document establishing registration in the address registration system,
- A criminal record,
- A document establishing the place of accommodation; a photocopy of the title deed or a notarised copy of the lease agreement are examples.
Where the applicant is a child, or where the sponsor or the sponsor’s spouse has a child who is a minor or a dependant, the following documents are also added to the file:
- A certified birth certificate for the child, where the mother and father cannot be established from the passport, the document in lieu of a passport or the national identity card,
- A certified death certificate where one of the parents has died,
- Where there has been a divorce, a certified custody document relating to the child; where custody is joint, a certified statement of consent to be issued by the other parent.
The general conditions and scope of the family residence permit are examined in full in our note entitled family residence permit.
Documents Required for Transfer to a Long-Term Residence Permit
The documents requested on transfer from other permit types to the long-term residence permit are as follows:
- A photocopy of the passport or of the document in lieu of a passport with at least 6 months of validity remaining,
- The residence permit transfer application form,
- 4 biometric photographs,
- A photocopy of the residence permit document held (the original must be submitted on the day of the appointment),
- The original of the sealed and signed document showing that no social assistance has been received over the last 3 years,
- A criminal record,
- A signed and certified document showing that sufficient and regular financial means are available for the duration of the stay,
- A document showing registration in the address registration system,
- Valid health insurance,
- A document proving the place of accommodation; for example, a photocopy of the title deed or a notarised copy of the lease agreement.
On transfer to the long-term permit, the following documents are additionally required in respect of children:
- A certified birth certificate where the mother and father cannot be determined by means of the passport, the document in lieu of a passport or the national identity card,
- A certified custody document relating to the child in the event of divorce,
- A certified statement of consent where one of the parents is absent (where a death is involved, the other spouse must produce a certified death certificate),
- Where the applicant has not completed eighteen years of age, a certified statement of consent to be given by the mother, father or legal representative abroad, together with a notarised undertaking to be issued by natural or legal persons in Türkiye, provided that this is specified in that statement of consent.
The fact that the right to transfer to the long-term permit is not afforded to refugees, conditional refugees, holders of subsidiary protection status, holders of a humanitarian residence permit or those under temporary protection also applies in respect of this heading.
The general conditions and full scope of the long-term residence permit are addressed in our note entitled long-term residence permit.
Documents Required for Transfer to a Student Residence Permit
The following documents are requested in applications made for the purpose of transferring to a student permit:
- A photocopy of the passport or of the document in lieu of a passport,
- The residence permit transfer application form,
- A student certificate of a nature establishing that student rights are in fact being exercised,
- 4 biometric photographs,
- A photocopy of the existing residence permit document (the original is submitted on the day of the appointment),
- A declaration that sufficient and regular financial means are available for the duration of the stay,
- Valid health insurance,
- A document proving the place of residence; a certificate of residence, a notarised copy of the lease agreement, or a document bearing an electronic signature or a signature, seal or stamp showing that the applicant is staying in a hall of residence fall within this scope.
The documents required for children are as follows:
- In the event of divorce, a certified custody document relating to the child is requested.
- A certified birth certificate is requested where the mother and father cannot be established from the passport, the document in lieu of a passport or the national identity card.
- A certified statement of consent is required where one of the parents is absent; in the event of death, the other spouse must submit a certified death certificate.
The general conditions and details of the student residence permit are examined in our note entitled student residence permit.
Documents Required for Transfer to a Tourist Residence Permit
The documents requested in an application to transfer to a permit for tourism purposes consist of the following:
- A photocopy of the passport or of the document in lieu of a passport,
- The residence permit application form,
- 4 biometric photographs,
- Private health insurance (the term of the insurance must cover the period of the residence permit requested),
- A document showing the place of accommodation (such as a notarised copy of the lease agreement or a document showing that the applicant is staying in a hotel).
The general conditions and full scope of the tourist residence permit are assessed in our note entitled residence permit for tourism purposes.
Documents Required for Transfer to a Short-Term Residence Permit
A short-term residence permit may be granted to the foreign nationals listed in Article 31 of the Law on Foreigners and International Protection No. 6458 where they meet the conditions in Article 32. The documents requested on transfer to this permit are as follows:
- A photocopy of the passport or of the document in lieu of a passport,
- The residence permit application form,
- 4 biometric photographs,
- A photocopy of the residence permit document held (the original must be submitted on the day of the appointment),
- A document or receipt showing that the card fee and the residence fee have been paid,
- A declaration that sufficient and regular financial means are available for the duration of the stay,
- Valid health insurance,
- A document showing registration in the address registration system,
- A document proving the place of accommodation, such as a photocopy of the title deed or a notarised copy of the lease agreement,
- Documents varying according to the reason for stay on which the short-term permit is based (such as a visa appropriate to the purpose for those arriving for scientific research, or a document concerning admission to hospital and the commencement of treatment for those to receive treatment).
The general conditions and scope of the short-term residence permit are addressed in full in our note entitled short-term residence permit.
Transfer from a Family Permit to a Short-Term Permit
A foreign national who has been present in Türkiye on a family residence permit for at least 3 years may transfer to a short-term permit on the ground that the marital union has come to an end. Foreign nationals meeting the following conditions may effect this transfer by submitting the necessary documents:
- The court judgment concerning the divorce, showing that the three-year marriage condition has been met,
- For those subjected to domestic violence, a court decision establishing the victimisation, without the three-year marriage condition being required,
- A photocopy of the existing residence permit document (the original must be submitted on the day of the appointment),
- Where the marital union has ended by reason of the death of the spouse, the death certificate of the spouse.
The Time Taken to Conclude the Application
In practice, transfer applications are decided within approximately 1 month.
Travelling Abroad During the Application Process
A foreign national whose transfer request is pending is not prevented from leaving the country. To do so, the residence permit application document and the fee receipt must be produced and the person must return to Türkiye within 15 days. Where the period spent abroad exceeds 15 days, the visa provisions are applied to the foreign national.
The Cost of the Application
The cost of a transfer application stood at an average of approximately TRY 8,000 as at 2023. That amount changes from time to time depending on the regulations made by the relevant institutions.
Conclusion
Transferring between permits is a process involving a considerable number of procedural steps. Assembling the documents in full and making the application in the form and within the period prescribed by the legislation are the two fundamental requirements of the process. Where those requirements are not met, refusal of the request arises. In order for the process to be conducted swiftly and effectively, it will be of benefit to consult an immigration lawyer experienced in the field.
Independent Legal Assessment
The problem most frequently encountered in transfer applications is not so much missing documents as an error of characterisation. The foreign national’s situation sometimes calls not for the transfer mechanism but directly for a new permit application; where the two are confused, time is lost and the file faces the risk of being refused from the outset. It is a common misconception, in particular, that the ten-day period running where the ground underlying the existing permit has ceased to exist is subject to the same regime as cases in which the transfer rests on a new ground.
The second point to note is that some transfers do not terminate the existing permit but on the contrary allow the rights provided by two permits to be exercised together. This distinction has practical consequences in files in which the right to work and student status coexist.
When a specific application is being planned, the following matters should be addressed as a priority:
- Clarifying whether the transfer rests on the ground having ceased to exist or on a new ground having arisen
- Establishing by documentary evidence the starting date of the ten-day period in cases subject to a time limit
- Ensuring that the conditions of the permit type sought are in fact met before the transfer request is submitted
- Assessing separately the three-year period condition and the exception for victims of violence on transfer from a family permit to a short-term permit
- Checking, on transfer to the long-term permit, whether the applicant falls within the groups to whom this right is not afforded by reason of their status
- Calendaring the fifteen-day return period where travel abroad is contemplated during the application process
Independent Legal provides advisory services in the field of immigration law, from the planning of transfer applications between residence permit types to the legal proceedings to be conducted against adverse decisions.