The Temporary Protection Status (TPS) program in the United States is under threat. The Trump administration continues to restrict immigrants’ ability to remain in the US by terminating or not renewing TPS for nationals of 13 different countries. This action will affect over a million people who may be afraid or unwilling to return to their country of nationality. If a means to acquire another form of immigration status in the US is not found, a TPS holder may need to quickly investigate to which countries they may be able to travel and potentially reside. Of the thirteen countries for which TPS is terminating, six are ones in which Türkiye may be an option to enter and remain. Those countries are: Afghanistan, Honduras, Nepal, Nicaragua, Venezuela and Yemen.
For a person whose TPS is terminating and does not wish to return to their home country, in order for them to move to another country, they must first be eligible to apply for entry and then have the right to apply for some kind of residency. Many of these individuals may consider which country or countries they have a right to visit as a means to “park” themselves for a few weeks or months in order to consider their next steps. Others may have a right to enter and remain in a third country. With regard to Türkiye, this article will consider which TPS nationalities may have a right to enter Türkiye, and then how they might consider applying for a Türkiye residence permit to remain.
Right to Enter Türkiye: Visa and Visa-Free Options for Foreigners
Honduras, Nicaragua and Venezuela
A visitor visa to Türkiye may take the form of a consular visa, electronic visa (obtained on-line same day), or the person may be visa-free. Which of these categories of visitor visa depends on nationality, among other factors. Of the TPS nationalities, Hondurans, Nicaraguans, and Venezuelans are fully visa free into Türkiye for up to 90 days (see https://www.mfa.gov.tr/visa-information-for-foreigners.en.mfa). As long as their passports are valid for at least five months (beyond the intended date of entry) and can establish they have the means to cover their accommodation and expenses, these three nationalities generally may enter and remain in Türkiye. Once they have entered visa free, they have 90 days to consider applying for a residence permit (see below) or consider options for a third country.
Afghanistan, Nepal and Yemen
Three other TPS nationalities may be eligible for an electronic visitor visa to Türkiye. Afghans, Nepalese and Yemenis are eligible for a 30 day e-visas (available on line same day at a nominal fee, www.evisa.gov.tr) under certain conditions. These three nationalities must show they have a valid visa or residence permit from the US, UK, Ireland or the Schengen area (seehttps://www.mfa.gov.tr/visa-information-for-foreigners.en.mfa). If they possess a visa or permit for any of those countries, they may obtain a one-month e visa for Türkiye. Unfortunately, with regard to TPS status itself, the Los Angeles Turkish Consulate confirms that in the context of US immigration status, this means a US “sticker” visa or green card and therefore not TPS itself (EAD card or I-797 TPS approval notice, see https://losangeles-bk.mfa.gov.tr/Mission/ShowInfoNote/411459).
Travel from the US to Country of Entry
One practical issue that TPS nationals may also face with international travel is the need to avoid transit flights from the US to the destination that allows them entry. Transiting through a third country, even if only a few hours, may require acquisition of a transit visa. Transit visas for many European countries can be extremely difficult to acquire for many nationalities. Therefore, the fact that Türkiye has direct flights from 14 US cities to Istanbul, and therefore avoids any transit though the UK or any European country, is a practical solution for many nationals to exit the US with minimal burden. Many countries for which these TPS nationals may have the right to enter may not also have direct flights from the US.
Right to Remain in Türkiye: Residence Permit Options
A person who is in Türkiye on visitor status and wishes to remain beyond the authorized stay must apply for a Residence Permit (RP). Turkish immigration law has several categories of residence permits, but for the purposes of this group of nationals, the below are most relevant. Residence Permits are open to all nationals in lawful status under the below conditions:
Touristic Purposes – Historically the most common RP category and generally is for foreigners who wish to extend their visit and tourism in Türkiye. Applicants must show they have leased a residence, have purchased local health insurance, and have sufficient funds to support themselves. If granted, it allows foreign nationals to stay beyond their visitor visa, visa-free, or e-visa periods generally for up to one year. First-time applications for this purpose are often rejected unless strong justification for extending their visit is provided. Renewals are also at risk of rejection unless switched to one of the other categories below.
Ownership of Turkish Real Estate – Suitable for foreign nationals who purchase property in Türkiye above a certain minimum value as determined by the Migration Directorate (currently set at $200,000 USD but excluding commercial properties). The foreign national must reside at the property and not use it for rental income. Applicants must also show local health insurance and sufficient ongoing funds for their support. Once initially granted, this category is often renewable for many years.
Attending Turkish language courses or Attending Education or Internship Programs – For this RP category, the foreign national must enroll with TÖMER (a registered Turkish Language Institute) or similar educational institution. Issuance is limited to a total of 2 years for this purpose. The enrollment and attendance rules are very strict for courses. For education and internship programs, these are only applicable for certain exchange students (e.g., Erasmus), interns, or short-term academic programs.
Medical Treatment Purposes – This category of RP may be suitable for those undergoing medical treatment in Turkish hospitals. It requires confirmation from the hospital and proof of funds for self-sufficiency. The disease should not be considered a threat to public health.
Conclusion
The termination of Temporary Protection Status for so many individuals who have spent so many years in the US will inevitably cause tremendous immigration headaches for these individuals. For those who are not willing or able to return to their country of origin, planning for the ability to travel to a safe third country is prudent. Türkiye may provide such a safe haven – whether to “park” for a few months or remain for several years – for six of the thirteen nationalities. In particular for Hondurans, Nicaraguans and Venezuelans, Türkiye can provide a destination that is easy to reach in a manner that is relatively bureaucracy free. Once in Türkiye, the immigration system provides several options to extend residency through a Türkiye residence permit. For individualized guidance on visa eligibility or residence permit applications in Türkiye, please contact our immigration team.
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.
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