Residence Permit

What You Need to Know About the Family Residence Permit

The family residence permit, also known as the family stay permit, is the main focus of this content. We will begin by defining what a residence permit means, followed by an overview of its types. Additionally, we will outline situations where individuals may be exempt from the requirement and then provide a detailed answer to the question: “What is a family residence permit?” Topics such as the conditions for obtaining this permit and the reasons it can be canceled will also be clarified. Furthermore, important information will be shared regarding family permits in cases of fraudulent marriages. After covering the application process in detail, we will list those who are eligible to apply from within Turkey under a separate heading.

Legal Basis

Article 23 of the Turkish Constitution includes provisions on the right to freedom of residence and travel. According to this article, everyone has the right to reside and travel freely. Similarly, Protocol No. 4 to the European Convention on Human Rights also recognizes this freedom. However, it is legally possible to impose restrictions on foreigners regarding these rights. One such restriction is the residence permit. All regulations concerning residence permits are governed by Law No. 6458 on Foreigners and International Protection.

What is a Residence Permit?

A residence permit is an administrative authorization that allows foreigners to legally stay in a country for an extended period. With this permit, foreign nationals may reside in the country for a specific purpose. A family residence permit is a special type of permit that enables individuals to live in the country together with their family members.

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Definition of Residence Permit

According to Article 3 of Law No. 6458 on Foreigners and International Protection, a residence permit is defined as an official authorization granted by the competent authorities allowing foreigners to stay in Turkey.

Under Article 19 of the law, foreigners who intend to stay in Turkey for more than 90 days must obtain a residence permit. For stays shorter than 90 days, foreigners may remain in Turkey with a valid visa or under visa exemption arrangements. However, failure to obtain a residence permit after this period results in the loss of legal status and may trigger deportation proceedings.

Exemptions from Residence Permits

Article 20 of Law No. 6458 provides that certain foreigners may be exempt from obtaining a residence permit. According to this provision, specific categories of foreigners listed in the law can legally stay in Turkey without a residence permit. Details on these exceptional cases will be covered under the heading “Exemptions from Residence Permits.”

Typically, residence permit applications are made at Turkish consulates located in the applicant’s home country. However, in special circumstances, applications can also be made through the provincial governorates while in Turkey. These exceptional conditions and the application procedures will be explained in detail under the relevant section.

What Are the Exemption Conditions for Residence Permits?

Under Article 20 of Law No. 6458 on Foreigners and International Protection, certain foreign nationals may stay in Türkiye without the need to obtain a residence permit. The exemption situations are summarized below:

Entrants with Visa or Visa Exemption
Foreigners who enter Türkiye with a visa or under a visa exemption agreement may stay for up to 90 days. If they exceed this period, they must apply for a residence permit.
Stateless Persons
Individuals who do not possess the nationality of any state and hold a stateless identity document can reside in Türkiye without obtaining a residence permit.
Diplomatic Officials
Embassy and consulate personnel assigned to Türkiye are exempt from the obligation to obtain a residence permit for the duration of their official duty.
Family Members of Diplomatic Officials
Family members of diplomatic officials may also benefit from this exemption during the period of the official’s assignment, provided their status is officially reported to the Ministry of Foreign Affairs. Otherwise, the exemption does not apply.
International Organization Personnel
Foreigners assigned by international organizations under international agreements are not required to obtain a residence permit in Türkiye. This right is guaranteed through relevant international treaties.
Foreigners Exempt by International Agreements
Certain foreign nationals may be exempted from residence permits under international agreements to which Türkiye is a party. These exemptions must be explicitly stated in the agreements.
Former Turkish Citizens by Consent
Under Article 28 of Law No. 5901 on Turkish Citizenship, individuals who renounced Turkish citizenship by permission are not required to obtain a residence permit. They retain certain rights and may reside in Türkiye.
Persons Under International Protection
According to Articles 76 and 83 of Law No. 6458, foreigners who have applied for or have been granted international protection status are exempt from obtaining a residence permit for as long as they remain under that status in Türkiye.

What Should Be Done When the Residence Permit Exemption Ends?
Some foreign nationals whose residence permit exemption rights have expired must apply to the governorships if they wish to continue residing in Turkey. These individuals are required to complete their applications within 10 days after the expiration of the exemption period. Otherwise, they will not be able to remain in the country legally.

Types of Residence Permits
According to the regulation in Article 30 of the Law on Foreigners and International Protection No. 6458, foreigners may apply for one of the following types of residence permits based on the purpose of their stay:

Short-Term Residence Permit
Family Residence Permit
Student Residence Permit
Long-Term Residence Permit
Humanitarian Residence Permit
Residence Permit for Victims of Human Trafficking

This article focuses specifically on family residence permits; therefore, other types are not addressed in detail here.

Akdemir Consulting provides professional legal consultancy services to its clients with a team of expert lawyers in the field of residence permits. Our lawyers meticulously follow and guide the residence procedures of foreign clients in Turkey. To benefit from our services, you may contact us and schedule an appointment.

What is a Family Residence Permit?
A family residence permit is a type of residence permit granted to the spouse and dependent family members of a foreigner who legally resides in Turkey. This permit primarily aims to protect family unity and is based on the residence permit of the supporting person.

Article 34 of Law No. 6458 on Foreigners and International Protection comprehensively regulates the scope and application requirements of the family residence permit. In practice, this type of permit is also referred to as family reunification or family residence.

According to the relevant article, the spouses and children of the following individuals may apply for a family residence permit:

Persons Eligible to Apply for a Family Residence Permit
As stated in Article 34 of Law No. 6458, the following persons are eligible to apply for a family residence permit:

Individuals who have renounced Turkish citizenship pursuant to Article 28 of the Turkish Citizenship Law No. 5901
Foreigners and refugees who hold a valid residence permit in Turkey

Eligible family members include:

Foreign spouse
Child of the residence permit holder or their spouse
Dependent child of the residence permit holder or their spouse

According to Article 3 of Law No. 6458, the supporting person is responsible for covering all expenses of the foreign nationals who enter Turkey for the purpose of family unity.

Duration of Family Residence Permit
According to Article 34, paragraph 1 of the Law on Foreigners and International Protection No. 6458, a family residence permit can be issued for a maximum period of 3 years. Furthermore, this period can under no circumstances exceed the validity period of the sponsor’s existing residence permit.

If the sponsor is married to more than one spouse under the laws of their home country, a family residence permit may be issued to only one spouse. The sponsor decides which spouse shall receive the permit. However, there is no such restriction for children from other spouses; all children are eligible to obtain a family residence permit.

If the children have a parent residing abroad who holds joint custody, the consent of both parents is mandatory for the residence permit application.

Children holding a family residence permit have the right to attend primary and secondary education in Turkey without needing to obtain a separate student residence permit.

Conversion of Family Residence Permit into Short-Term Residence Permit
Under certain conditions, a family residence permit may be converted into a short-term residence permit:

Individuals who have resided in Turkey under a family residence permit for at least three years and have reached the age of 18 may apply for a short-term residence permit.
In the event of divorce, the foreign spouse may convert the family residence permit into a short-term residence permit if they have resided in Turkey for at least three years.
If the divorce results from domestic violence and is finalized by court decision, the three-year requirement does not apply.
In the case of the sponsor's death, the holders of the family residence permit may apply for a short-term residence permit regardless of the duration of stay.

Conditions for Family Residence Permit
To apply for a family residence permit, certain conditions must be met. These conditions are separately defined for the sponsor and the applicant in Article 35 of Law No. 6458 on Foreigners and International Protection.

Requirements for the Sponsor:

The sponsor must have a monthly income not less than one-third of the minimum wage per family member and a total income at least equal to the minimum wage. Otherwise, the Directorate General of Migration Management (DGMM) will reject the application.
The sponsor must have suitable housing to meet the accommodation needs of the family and provide valid health insurance for all family members. Failing to meet these requirements will result in rejection of the application.
The sponsor must not have received a final conviction in the past five years for crimes against the family order.
The sponsor must have legally resided in Turkey for at least one year.
The sponsor must be registered in the Address Registration System.

Applications submitted on behalf of a sponsor who does not meet these conditions will be rejected by the DGMM.

Requirements for the Foreign Applicant:

The foreign applicant must submit documents and information proving their eligibility for a family residence permit. For more information, please refer to the section “What is a Family Residence Permit?”
The foreign applicant must declare their intent to live together with the sponsor.
Marriage with the sponsor must not be solely for the purpose of obtaining a residence permit. If such an intention is identified, the application will be rejected.
The foreign spouse must be at least 18 years old.

Both the sponsor and the applicant must meet these conditions. If the conditions are fulfilled, the DGMM will approve the family residence permit application.

Rejection and Cancellation of the Family Residence Permit

The Directorate General of Migration Management may reject an application for a family residence permit, cancel an existing permit, or refuse to extend it upon expiry, based on certain conditions.

According to Article 36 of the Law on Foreigners and International Protection No. 6458, such situations include:

Failure of the sponsor or the applicant to meet the required conditions. If the conditions originally met later cease to exist, the Migration Authority may cancel the permit or not extend its duration.
Inability of the foreigner to switch to a short-term residence permit after losing the conditions for the family residence permit.
Issuance of a deportation order or an entry ban. In such cases, the application is rejected, or the existing permit is cancelled.
Use of the permit for purposes other than its intended one.

Marriage of Convenience in Family Residence Permit Applications

If a marriage of convenience is detected in family residence permit applications, the Directorate General of Migration Management will reject the application.

According to Article 37 of Law No. 6458, if the provincial governorates have reasonable doubt regarding the authenticity of a marriage, they are obliged to conduct an investigation.

If it is determined that the marriage was conducted solely for the purpose of obtaining a residence permit, a family residence permit will not be granted. In the case of an existing permit, it will be cancelled. Even if the permit holder wishes to extend it, the application will not be accepted.

Residence Permit Application

The residence permit application process is regulated under Article 21 of Law No. 6458:

The foreign applicant must submit their application in person or through a legal representative to a Turkish consulate.
The application must be submitted to the Turkish consulate in the country where the person is a citizen or is legally residing.
The passport must be valid for at least 60 days beyond the requested residence duration.
If any document or information is missing in the application, the evaluation will be postponed and the applicant will be notified.

Consulates are responsible only for receiving applications and forwarding them to the Directorate General of Migration Management (DGMM) with their opinions. The DGMM is the authority that makes the final decision.

Article 21/4: Residence permit documents are issued by consulates.
Article 21/5: Applications must be finalized within 90 days at the latest.
Article 21/6: Rejection decisions are communicated to the applicant by the consulate.
Article 21/7: Applications can also be made through intermediary institutions.

Persons Eligible to Apply for Residence Permit Within Turkey

Article 22 of Law No. 6458 allows certain foreigners to apply directly to the governorates (without needing to apply via consulates). These include:

Foreigners required to obtain residence permits by judicial or administrative decision.
Foreigners who are unable to leave Turkey.
Applicants for long-term residence permits (must have resided in Turkey for at least 8 years).
Foreigners applying for student residence permits.
Applicants for humanitarian residence permits.
Victims of human trafficking.
Those wishing to switch from a family residence permit to a short-term permit.
Children born in Turkey to residence permit holder parents.
Foreigners whose previous residence permit has expired but wish to apply again for another reason.
Foreigners whose residence permit exemption has ended (per Article 20/2).
Foreigners who have completed higher education in Turkey and wish to apply for a short-term residence permit.

The individuals listed above may apply directly to the provincial governorates without needing to go through consulates.