Providing parallelism in practise of international law and international law rules has a place in creating a system respecting human dignity and in preventing violations of human rights. Within this scope, foreigners in our country have various rights and obligations. Residency permits form a legal basis for the stay of foreigners in our country within the framework of these rights and obligations.
According to the Law on Foreigners and International Protection No. 6458, a residence permit document shall stand for the permit issued for the purpose of staying in Turkey. This document granted by competent authorities entitles the right to reside in a specific location in Turkey for a given period of time. Residence permit which is of great importance in terms of the provision and protection of public order shall be issued following the request and application by the foreigner together with the required documents providing s/he fulfils the related conditions.
Residence permit is a permit which is issued to the foreigners who want to stay in Turkey. It is obligatory for foreigners who want to stay in our country for more than the allowed time of visa, visa exemption or ninety days to apply for a residence permit type that they believe they meet the requirements of through the e-residence system. Foreigners who completed their applications should be present at the provincial/district migration management directorates in the province they want to live in on the day of appointment determined by the system. Foreigners who are not present at the provincial/district migration management directorates on the day of appointment without a valid reason are deemed to have not applied at all. In determining the valid reason, management may ask for some information and documents. As a rule, residence permit extension applications are done according to the same principles.
Residence Permit Application
Foreigners who would stay in Turkey beyond the duration of a visa or visa exemption or longer than ninety days should obtain a residence permit. As it is envisaged by the law, it will soon be possible to lodged with the consulates in the foreigner’s country of citizenship or legal stay, and this will also be announced. Till the adoption of this procedure, applications for residence permits shall be lodged with the governorates.
Pursuant to the law in question, accompanying is no longer valid and, in addition to this, residence permit documents following their applications shall be issued separately for each foreigner. Those applications may be made in person as well as by his/her legal representative or lawyer. However, if the administration deems it necessary, it may also require foreigners to be present at the time of application.
By the Law No. 6735, the provision stating that applications may also be made through Authorized Intermediary has been included in the scope of Article 21 of the Law No. 6458. Authorized Intermediary refers to the institutions or organizations authorized by the Directorate General and their qualifications and task frameworks shall be set forth by regulation.
Six types of residence permits shall be issued by Article 30 of the Law on Foreigners and International Protection No. 6458, and first, extension or transfer applications shall be made online via e-Residence system.
First and Transfer Applications
For the first and transfer applications, foreigners are required to make a residence permit application via e-Residence system and be present at Provincial Directorate of Migration Management on the appointment date together with the required documents ( https://e-ikamet.goc.gov.tr/Ikamet/IstenenBelgeler ).
Furthermore, original passport for the first or transfer applications and notarized passport photocopy for the extension applications shall be submitted.
Extension applications shall be made to the governorates within sixty days prior to the expiration of the residence permit and, in any case, before the expiration of the residence permit.
After applying for residence permit via e-Residence system and gathering required documents, foreigners are required to send those documents by post to the Provincial Directorate of Migration Management within 5 (five) working days.
In addition, during the application for extension, the information given earlier should be checked to ensure correct entry. Otherwise the e-residence system will not allow to make an extension application and will direct the applicant to the appointment system.
Work Permit as a Residence Permit
A valid work permit, within the framework of the law, shall be considered as a residence permit, which means that the work permit holder is entitled to stay in our country without a residence permit within the period of the work permit.
Health Insurance Requirement
Duration of your insurance must cover the requested duration of residence permit.
One of the following health insurances shall be considered sufficient:
1-An e-signed/signed and sealed/stamped document which is received from the Provincial Unit of Social Security Institution and which proves the access to health services in Turkey within the scope of bilateral social security agreements;
2-An e-signed/signed and sealed/stamped certificate of authorization received from Social Security Institution (This certificate, for family residence permit, must be issued in a way covering both sponsors and family members.);
3-An e-signed/signed and sealed/stamped document proving the application made to Social Security Institution for General Health Insurance;
4-Private Health Insurance.
Residence Permit Fee
Residence permit fee shall be issued in the Law on Fees No. 492 and fees, pursuant to this Law, shall be collected from foreigners. In cases where an application for the extension following the expiration of the residence permit is not made, residence permit fee for the period spent in Turkey shall be collected as much pursuant to Article 83 of the Law on Fees No. 492
Address of Stay in Turkey
Foreigners are required to submit information on their address of stay in Turkey and this address may be a fixed address or an accommodation facility address. However, in any case, foreigners are required to state correct and complete address information. In addition, address, telephone number or e-mail information must be up-to-date in order for the residence permit document to be sent to address.
If the address information changes within the period of residence permit, the necessary documents are required to be submitted to the provincial directorate of migration management and provincial directorate of civil registration and citizenship within 20 (twenty) working days.
Right to Exit-Entry for 15 Days
-Residence Permit Application Document shall be issued following the first application of the foreigner via e-Residence and completion of the application on the appointment date at the Provincial Directorate of Migration Management.
-Residence Permit Application Document shall be issued by the system upon the completion of the application for the extension of the residence permit via e-Residence system.
Foreigners can exit from Turkey with the “Residence Permit Application Document” approved by the Directorate along with the fee receipt on condition of entry within 15 days. However, in case of staying abroad for more than 15 days, the provisions of visa shall apply to the foreigner.
Finalization of Residence Permits
According to Article 21 of the Law in question, residence permit applications shall be finalized no later than ninety days.
In addition, pursuant to Article 22 of the Regulation on the Implementation of the Law on Foreigners and International Protection, the ninety-day period shall begin from the date on which information and documents have been fully submitted to the competent authority. Foreigners are notified in case of an extension in this period.