The permit required to be obtained from the competent authorities in order for foreigners who come to Turkey to continue to be in Turkey after the expiry of their visa period is called a residence permit, and foreigners who do not have a residence permit or work permit may be deported after the expiry of their visa period because they are considered illegal. The rules on residence permits are rules introduced as a requirement of international law in order to provide measures in many aspects such as public safety and health, and their principles are determined by the Foreigners and International Protection Law No. 6458.
WHAT ARE THE TYPES OF RESIDENCE PERMITS?
Residence permit types are listed in the law as short-term residence permit, family residence permit, student residence permit, long-term residence permit, humanitarian residence permit and human trafficking victim residence permit. Residence permit types other than the last two items are granted for a period of 2 years each time.
SHORT-TERM RESIDENCE PERMIT
A short-term residence permit is a type of residence permit that allows foreigners arriving in the country to stay in Turkey for a limited period of time only. In order to apply for this residence permit, a request must be made by asserting one or more of the following conditions specified in the law:
- Foreigners who come for scientific research purposes can apply for a residence permit by submitting documents proving this.
- Foreigners who have immovable property in Turkey can also apply for this permit. For this permit, the immovable must be a residence and used for this purpose. In addition, family members may also apply for a residence permit within the scope of this paragraph if their family members have a shared or unanimous ownership right on the residence. For family members who do not have a shared or unanimous property right on the residence, the immovable property can only serve as a basis for the determination of the financial opportunity.
- Foreigners who will establish a commercial connection or business should apply by proving this connection with an invitation letter.
- Foreigners who come for the purpose of education within the framework of agreements or student exchange programs to which the Republic of Turkey is a party can also apply for a short-term residence permit.
- Foreigners who will stay for tourism purposes should also apply for a short-term residence permit with travel plans showing where they will travel in Turkey for a period exceeding the visa periods.
- Foreigners who will receive treatment, provided that they do not have one of the diseases that are considered as a threat to public health, can also have their treatment in Turkey with this permission.
- Those who need to stay in Turkey depending on the request or decision of judicial or administrative authorities
- Foreigners who will participate in Turkish learning courses can have a short-term residence permit in Turkey during the course period, provided that the course they will attend is a course approved by the Ministry of National Education.
- Those who will participate in education, research, internship and courses in Turkey can also obtain permission to participate in these programs, provided that they are through public institutions.
- Foreigners who want to complete their higher education in Turkey and continue to reside there can also obtain a residence permit if they apply within 6 months from the date of graduation.
- Foreigners who do not work in Turkey but will invest in the scope and amount to be determined by the President may also obtain a short-term residence permit together with their spouse, their and their spouse's underage or dependent foreign child.
- Citizens of the Turkish Republic of Northern Cyprus can also obtain a short-term residence permit in Turkey with this legally granted right.
HOW TO APPLY FOR A SHORT-TERM RESIDENCE PERMIT?
Short-term residence permit application is made by filling in the pre-registration form at https://e-ikamet.goc.gov.tr/ with the option of "first-time residence permit application". After this application, an appointment should be made with the Provincial/District Directorate of Migration Management in the place where you want to reside and you should definitely be there with the pre-registration form and other necessary documents printed on the day and time of the appointment.
DOCUMENTS REQUIRED FOR SHORT-TERM RESIDENCE PERMIT APPLICATION
- Residence permit application form
- Original or photocopy of a passport or substitute document
- Four biometric photographs
- Health insurance
- Criminal record certificate
- Documents proving that there is sufficient financial means during the residence permit
- Additional documents requested by status
RESIDENCE PERMIT FOR FAMILIES
Spouses of Turkish citizens or foreigners who have obtained a residence permit and minor or dependent children of themselves or their spouses can also reside in Turkey by benefiting from a family residence permit. In order for the foreigner who has obtained a residence permit to bring their family to Turkey, they must be currently staying in Turkey with a residence permit for at least one year. A Turkish citizen or a foreigner residing in Turkey is considered "supportive" in the family residence permit application of their spouse and children, and the sponsor is required to prove their income. They must have a monthly income of not less than one-third of the minimum wage per person in the family, provided that their total income is not less than the minimum wage. In addition, the sponsor must have health insurance covering all family members. The application for a family residence permit is also made by filling out an application form at https://e-ikamet.goc.gov.tr/
When applying for this residence permit, the applicant must prove the marriage with a marriage certificate or equivalent document valid in their own country, as well as show that they live with the sponsor or that they have an intention to live. Because the law and regulation have introduced measures to prevent obtaining a residence permit through contracted marriage. In fact, even after the family residence permit is granted in the law, the governorships are authorized to inspect whether the marriage is a contracted marriage.
DOCUMENTS REQUIRED FOR FAMILY RESIDENCE PERMIT APPLICATION
- Residence permit application form
- Original or photocopy of a passport or substitute document
- Four biometric photographs
- Health insurance covering all family members
- Criminal record certificate
- Documents proving that there is sufficient financial means during the residence permit
- A document to prove marriage
- Original and photocopy of identity card
- Document showing that it is registered in the Address Registration System
- Requested additional documents
STUDENT RESIDENCE PERMIT
Foreigners who will receive an associate degree, bachelor's degree, master's degree or doctorate education at a higher education institution in Turkey apply for this type of residence permit. This residence permit is issued during the education period and foreign students who want to work after the first year can also be granted a work permit if they apply. In addition, the student residence permit does not provide any benefit to the other relatives of the student in terms of obtaining a residence permit.
DOCUMENTS REQUIRED FOR STUDENT RESIDENCE PERMIT APPLICATION
- Residence permit application form
- Copy of passport or substitute document
- Four biometric photographs
- Health Insurance
- Criminal Record
- Active Student Certificate
- Documents proving that there is sufficient financial means during the residence permit
- Requested additional documents
LONG-TERM RESIDENCE PERMIT
A long-term residence permit is a type of residence permit that is issued to foreigners who have remained uninterrupted for 8 years with a residence permit in Turkey and grants an indefinite residence permit. This permit provides the opportunity to benefit from other rights granted to Turkish citizens, except for the obligation to do military service to the foreigner, the rights and obligations to elect and be elected, to enter public duties, to import vehicles as exempted, and the regulations in special laws.
The foreigner applying for a long-term residence permit must not have received any social assistance in the last three years and must have a valid health insurance.
When calculating the uninterrupted residence period of 8 years in Turkey, the following shall be taken into account; there shall be no deduction exceeding 180 days in total in each of the retrospective 1-year periods. If there is an outage exceeding 180 days, it is checked whether there is an outage exceeding 365 days in the last 5 years. The applicant must not have stayed abroad or in Turkey for more than a total of 6 months without a residence permit in the last 8 years. Applications that do not meet these conditions are rejected.
DOCUMENTS REQUIRED FOR LONG-TERM RESIDENCE PERMIT APPLICATION
- Residence permit application form
- Original or photocopy of a passport or substitute document
- Four biometric photographs
- Health insurance
- Criminal record certificate
- Documents proving that there is sufficient financial means during the residence permit
- Document showing that he has not received social assistance in the last three years
- Document showing that it is registered in the Address Registration System
- Requested additional documents
WHAT IS A WORK PERMIT?
A work permit is a permit issued by the Ministry of Labor and Social Security that allows foreigners to work in Turkey. The principles of this permit are regulated by the International Labor Law No.6735. Although the work permit to be granted in the first application is limited to a maximum of one year, the work permit granted in accordance with the International Labor Law also replaces the residence permit in Turkey during the permit period.
HOW TO GET A WORK PERMIT?
It is possible for foreigners who have an employer in Turkey to apply for a work permit both in Turkey and in their country of residence. However, in order to apply domestically, the foreigner must already have a 6-month residence permit. Foreigners who do not currently have a residence permit in Turkey must physically apply for a work permit from the Turkish Consulate in their country of residence. A reference number is given in this application and the applicant must forward this number to their employer. Then, within 15 days, the employer in Turkey (e-declaration officer) is required to create an employer registration with a reference number at https://www.calismaizni.gov.tr/ or via E-Government with their e-signature and follow the necessary steps and complete the application online. The part of this application to be made by the employer can only be made online and only by the e-declaration authority.
In the case of work permit applications made in the country, it is obligatory to enter the SSI insurance of the foreigner within 30 days from the beginning of the permit, and in the case of applications made from abroad, within 30 days from the date of entry into Turkey. In addition, foreigners who have obtained a work permit from representations abroad and have come to Turkey are obliged to notify the nearest Migration Management within 20 days.
WHAT ARE THE CONDITIONS THAT THE FOREIGNER'S EMPLOYER MUST MEET?
Companies wishing to hire a foreigner must meet certain requirements laid down by law:
- The first of these is the obligation to have at least five Turkish employees for each foreigner to be hired by the company.
- The other is that the paid-in capital of the workplace must be at least 100.000 TL or the annual gross sales must be at least 800.000 TL or the last year export amount must be at least 250.000 USD.
Article 2 shall not be applied to the evaluation of work permit applications for foreigners who will work in associations and foundations, and Articles 1 and 2 shall not be applied to the evaluation of work permit applications for foreigners who will work in the Turkish representations of foreign state airlines, the education sector, or domestic services.
If a foreign national applies for a work permit as a partner to a company in Turkey, the capital share of the company partner foreigner requesting permission must be at least 20 percent, not less than 40,000 TL.
FOREIGNERS TO WHOM THE CRITERIA WILL NOT BE APPLIED
Some foreigners are not required to fulfill the above-mentioned conditions in their work permit applications. If these persons, who are included in the Implementing Regulation of the Law on Work Permits of Foreigners, apply with the necessary documents, they are evaluated without looking for the conditions examined in the above heading:
- Foreigners whose parents or children are Turkish citizens,
- Foreigners who have lived in a marriage with a Turkish citizen for at least three years,
- Foreigners who are citizens of the Turkish Republic of Northern Cyprus,
- Foreigners who have been granted a residence permit in accordance with the customs of Turkish and related communities,
- Foreign nationals who have been granted a residence permit due to humanitarian concerns,
- Foreigners granted a residence permit as victims of human trafficking,
- Foreigners granted a residence permit as stateless.
These persons must prove their status listed above with documents issued by official authorities at the time of application.
DOCUMENTS REQUIRED FOR WORK PERMIT
- Work permit application petition addressed to the Ministry of Labor and Social Security
- Foreign national personnel application form
- Notarized Turkish translation of passport
- Notarized Turkish translation of their education certificate
- A resume
- Written work permit request made by the institution that will employ the person
- Tax office approved document showing the balance sheet and profit and loss accounts for the previous year
- In the case of foreign direct investments, a copy of the institution certified by the Trade Registry Gazette or the institution itself, showing the latest capital and shareholder structure of the institution
- If the person is an architect or engineer, the approval of the Ministry of Labor and Social Security, the Council of Higher Education and the Turkish Chamber of Architects and Engineers
CONCLUSION
As can be seen, the application for a residence permit is a detailed work with many procedures and there are various types of applications listed in the law. First of all, the type of residence permit to be applied for in accordance with the purpose of the foreigner's stay in Turkey should be determined. Thereupon, the necessary documents should be compiled in full. In terms of work permit, it is extremely important to evaluate the business line of the person and the conditions of the employer in detail and to make an application by making sure that the conditions are met.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.