Family residence permit is regulated in Articles 34-37 of Foreigners and International Protection Law No. 6458
Additionally, family residence permit is regulated in Articles 30-34 of Regulation for Implementation of the Law on Foreigners and International Protection.
Who May Apply To Family Residence Permit?
Family residence permit maybe granted to the:
a) foreign spouse,
b) foreign children or foreign minor children of their spouse,
c) dependent foreign children or dependent foreign children of their spouse,
of Turkish citizens, persons within the scope of Article 28 of Law No 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries.
In cases of a polygamous marriage pursuant to the regulation in the country of citizenship, only one of the spouses shall be issued a family residence permit. However, a family residence permit may be granted to the foreigner’s children from other spouses.
For family residence permits issued to children, if any, the consent of the mother or the father who lives abroad and who shares custody shall be sought.
Family residence permits shall entitle the holder right of education in primary and secondary educational institutions until the age of 18 the without obtaining a student residence permit.
In the cases of following statements family residence permit holders may apply to short-term residence permit:
- In the event of divorce, if the foreign spouse of a Turkish citizen resided on a family residence permit for at least three years (if it is established by the relevant court that the foreign spouse has been a victim for reasons of domestic violence, the condition for three years residence shall not be sought)
- In the case of death of the sponsor if the spouse resides on a family residence permit depending on the sponsor,
- If the foreigner reaching the age of 18 has resided on a family residence permit for at least three years
For How Long Can The Family Residence Permit Be Issued?
- A family residence permit issued for a maximum duration of three years at a time.
- Family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances.
What Are The Conditions For Family Residence Permit?
The foreigner is required to fulfill the conditions stipulated in Article 35 of the Law No. 6458 to have family residence permit.
- To fulfill the conditions applied to the sponsor,
(the sponsor is required to have a valid health insurance covering all family members; have a monthly income in any case not less than the minimum wage in total corresponding not less than one third of the minimum wage per each family member; submit proof of not having been convicted of any crime against family during the five years preceding the application with a criminal record certificate; have been residing in Turkey for at least one year on a residence permit and have been registered with the address based registration system)
- The following conditions shall apply to foreigners applying for a family residence permit to stay with a sponsor in Turkey,
(to submit supporting information and documents regarding the reason of the stay,, to assert that they live or intend to live together with specified persons, to be over 18 years of age for each spouse, not to fall within the scope of Article 7, not to have entered into the marriage for the purpose of obtaining a family residence permit)
What are the reasons of refusal, non-renewal or cancelation of family residence permit?
Under the following cases a family residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when:
- Conditions set out for family residence permit are not met or no longer apply,
- it is established that the residence permit is used outside the purposes of those it is issued for,
- there is a current removal decision or an entry ban to Turkey in respect to the foreigner