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Investment in Turkey - Infost is a company composed of a group of lawyers, consultants and translators to serve foreign investors
Short-term residence permit
Matters related to a short-term residence permit are clarified in Articles No. 31 and 33 of the Aliens and International Protection Law No. 6458, and a short-term residence permit is issued in accordance with Articles No. 28 and 29 of the Implementing Regulations of the Foreigners and International Protection Law.
Foreigners who are entitled to apply for a short-term residence permit:
· Arrivals to Turkey within the framework of scientific studies: When the stages of scientific research are suitable for the conditions for obtaining a short-term residence permit, foreigners coming to Turkey to conduct scientific studies can apply for a short-term residence permit through the institution responsible for the stages of scientific research (Ministry of Culture and Tourism or The Ministry of Energy or Turkish universities, etc.), but when the stages of scientific research do not meet the conditions for obtaining a short-term residence permit, the foreigner can suffice with submitting a statement on the subject, place and duration of the research.
· Real estate owners in Turkey: Real estate owners in Turkey can apply for a residence permit, provided that the property is a residence and is used for this purpose only.
· Those with business relations and expatriates for the purpose of establishing a business in Turkey: Business owners and expatriates to Turkey for the purpose of establishing a business can apply for a residence permit by presenting an invitation organized by the person or company with whom they will work in Turkey.
· Expatriates to Turkey for the purpose of participating in a training program: Expats to Turkey for the purpose of participating in a training program can apply for a residence permit by submitting documents that clarify the content, duration and place of the program. Usually, the duration of the residence permit is restricted to the duration of the program.
· Expatriates to Turkey for the purpose of training within the framework of international agreements or student exchange agreement: Expatriates to Turkey for the purpose of training under international agreements or student exchange agreement can apply for a residence permit by submitting the documents issued by the concerned institution, and usually the residence permit period does not exceed Duration of training. As for students coming to Turkey within the framework of the student exchange program (Erasmus - Mevlana - Farabi, etc..) Private health insurance and presenting it to the concerned authorities.
· Arrivals to Turkey for the purpose of tourism: Foreigners coming to Turkey for the purpose of tourism can apply for a residence permit, provided that documents showing the place and duration of residence in Turkey are presented. The Immigration Department can also request additional documents in order to evaluate the foreigner’s personal information.
· Those coming to Turkey for the purpose of treatment: Foreigners coming to Turkey for the purpose of treatment can apply for a residence permit, provided that they prove that they do not carry infectious diseases that threaten public health security, and the foreigner must also submit documents issued by the hospital (governmental or private), and in this way it is not required The foreigner must organize health insurance in the event that payment of all treatment fees is proven, and the residence permit is organized according to the duration of treatment, and the foreigner whose residence and living expenses in Turkey are paid by public institutions is not required to prove the efficiency of financial income or organize health insurance, and this may be requested by the Immigration Department Some additional documents related to the foreigner or the hospital as well. As for the escorts of the arrivals to Turkey for the purpose of treatment within the framework of health cooperation agreements, their residence permit procedures are conducted in accordance with the general provisions of the Foreigners and International Protection Law. In addition, two (maximum) escorts of foreigners are exempted. Those coming to Turkey for the purpose of receiving treatment under Additional Article No. 14 of the Health Services Law No. 3359 regulating health insurance while applying for a residence permit.
· Foreigners residing in Turkey at the request or decision of the Turkish judicial or administrative authorities: Foreigners residing in Turkey at the request or decision of the Turkish judicial or administrative authorities can apply for a residence permit according to the period specified in the application or decision issued by the aforementioned authorities.
· Foreigners who do not meet the conditions for a family residence permit and who are transferred to a short-term residence permit.
· Foreigners participating in Turkish language courses: Foreigners participating in Turkish language courses can apply for a residence permit by registering in Turkish language institutes licensed by the Ministry of Education. Usually, a residence permit is granted for a maximum of two times, and if it is for a period of time The education course is less than a year, and the duration of the residence permit cannot exceed the period of the educational course. Likewise, the institution concerned with teaching the Turkish language is obligated to inform the General Directorate of the start and end dates of the education course.
· Foreigners participating in training and educational courses in Turkey through public institutions: Foreigners who come to Turkey for the purpose of participating in training and educational courses are granted a residence permit for a period of one year as a maximum, and foreigners whose living and housing expenses are paid by public institutions are not required to prove income adequacy Or organize health insurance, but the immigration department can ask the foreigner for some additional documents.
· Foreigners who completed postgraduate studies in Turkey and reviewed the Immigration Department within six months from the date of graduation: Foreigners who completed postgraduate studies in Turkey can review the Immigration Department within six months from the date of graduation in order to apply for a residence permit, and they are granted a residence permit For one time and for one year only.
· Foreign investors in Turkey in the fields and amounts that are determined by the Council of Ministers: Foreign investors in Turkey in the fields and amounts that are determined by the Council of Ministers can submit a request to obtain a permit for themselves and their families, and they are granted a residence permit that does not exceed a period of five years as a maximum He bequeathed, and the Manpower Law No. 6735 and the subsequent amendments in Law No. 6458 encouraged foreign investors to contribute to the state’s economy, and thus the procedures for obtaining a residence permit became easier.
· Citizens of the Turkish Republic of Northern Cyprus: Citizens of the Turkish Republic of Northern Cyprus can apply for a residence permit, and they are granted a residence permit that does not exceed a maximum of five years.
Short term residence permit:
The short-term residence permit is regulated for a period not exceeding two years as a maximum (with the exception of foreign investors investing in Turkey and citizens of the Turkish Republic of Northern Cyprus).
Conditions for obtaining a short-term residence permit:
First of all, foreigners wishing to obtain a short-term residence permit must meet the conditions stipulated in Article 32 of the Aliens and International Protection Law, followed by:
· Presenting information and supporting documents that explain the purpose of the foreign person's stay in Turkey.
· The foreign person is not covered under Article 7 of the Aliens and International Protection Law.
· That the foreign person enjoys suitable housing conditions for public security and public health standards in Turkey.
· The Immigration Department can ask the foreign person for a criminal record document, and the foreigner can obtain this document from the authorities of his country or the country in which he legally resides.
· Presenting information and documents related to the residence address in Türkiye.
What are the reasons for rejecting or canceling the application for a short-term residence permit:
· The foreign person does not meet the conditions for obtaining a short-term residence permit, and the residence permit can be canceled if these conditions cease to exist after obtaining the residence permit.
· Using a short-term residence permit for purposes other than the main purpose of granting a residence permit to a foreigner.
· Issuance of a decision to deport the foreigner outside the country or ban him from entering Turkish territory.
· Violation by the foreign person of the permitted period of stay outside Turkish territory.
· In the above-mentioned cases, the foreign person is not granted a short-term residence permit, and the residence permit granted to him may be canceled and the extension of the residence permit may be refused.
Family residence permit in Türkiye
Matters related to the family residence permit were clarified in Articles No. 34 and 37 of the Aliens and International Protection Law No. 6458, and the family residence permit is issued in accordance with Articles No. 30 and 34 of the executive regulations of the Foreigners and International Protection Law.
This law includes the family of holders of Turkish citizenship or a work residence permit in Turkey, that is, foreigners who are covered by Article No. 28 of Law No. 5901 relating to Turkish citizens, and the persons who are entitled to apply for a family residence permit are as follows:
· The spouse supporting the file (the holder of Turkish citizenship or work residence permit in Turkey)
· Children of the file supporter and minor children of his wife (under the age of 18)
· Foreign children related to the sponsor or his wife.
· If the file supporter has two wives, only one wife is entitled to apply for a family residence permit, but on the other hand, all his children from both wives are entitled to apply for a family residence permit.
· In the event that one of the parties (father or mother) is outside the borders of Turkey, he must submit a guardianship statement so that the party in Turkey can apply for a family residence permit for minor children (under the age of 18).
· The family residence permit allows minor children (under the age of 18) the right to education in the primary and preparatory stages without the need to obtain a student residence permit until they reach the age of 18.
Cases in which it is permitted to transfer a family residence permit to a short-term residence permit:
· In the event of divorce, but on condition that the divorce be proven by presenting the court decision and documents explaining the reasons for the divorce.
· In the event of the death of the file supporter, a death certificate issued by the official authorities must be presented.
· Minor children (under the age of 18) who have obtained a family residence permit for a minimum period of three years in Turkey and are over the age of 18.
Duration of the family residence permit:
· The family residence permit is issued for a period not exceeding three years as a maximum each time the application is submitted. Moreover, the duration of the family residence permit cannot exceed the duration of the residence permit of the file supporter in Turkey.
Conditions for obtaining family residency:
· The foreign person must fulfill the conditions mentioned in Article 35 of the Aliens and International Protection Act.
· The foreign person must not be covered under Article 7 of the Aliens and International Protection Act.
· A foreign person who applies for a family residence permit must present his information and documents explaining the purpose of his stay in Turkey, and that the spouse’s age exceeds the legal age (over the age of 18), and the marriage must not be for the purpose of obtaining a family residence permit only.
· In addition to the existence of some conditions that must apply to the supporter of the file (the holder of Turkish citizenship or a residence permit to work in Turkey) as well, such as enjoying comprehensive health insurance for all family members and that his financial income be sufficient to pay the family expenses, and the supporter of the file must also submit a criminal record document (No judgment) and to reside in Turkey for a period of one year as a minimum and to be registered in the residential address registry system.
Reasons for refusal, cancellation or non-extension of the family residence permit:
· Failure to meet one of the conditions mentioned above related to obtaining a family residence permit, or the disappearance of one of these conditions during the submission of the extension application.
· Using the family residence permit in violation of the purpose of residence in Turkey, which is clarified during the application.
· The issuance of a decision to deport the foreigner outside the Turkish state, or the existence of a ban banning his entry into Turkish territory.
In the aforementioned cases, the family residence permit application is rejected or the previously granted residence permit is revoked, and the residence permit period is not extended.
Student residence permit
Matters related to the student’s residence permit were clarified in Articles No. 38 and 41 of the Aliens and International Protection Law No. 6458, and the student’s residence permit is issued in accordance with Articles No. 35 and 39 of the executive regulations of the Foreigners and International Protection Law.
Foreigners who are entitled to apply for a student residence permit:
· Foreigners who receive their education in the primary and preparatory education stages (minor children “under the age of 18” who hold a family residence permit can continue their education without the need to apply for a student residence until they reach the age of 18).
· Foreigners who receive their education at the secondary level (Bachelor's) or higher education institutions (diploma and others) or specialize in the fields of human medicine and dentistry.
· The student residence permit grants the foreign person the right to apply for a family residence permit for his wife and minor children (under the age of 18) as the supporter of the file, but does not grant him the right to apply for a family residence permit for his other relatives.
Duration of the student’s residence permit:
· When the student's education period is less than one year, the duration of the student's residence permit cannot exceed the period of education.
· Minor foreign students (under the age of 18) who are receiving their education in the primary and preparatory stages can obtain a student residence permit for a period of one year at a time, and the student’s parents must submit a statement of approval for their child to study and obtain a student residence permit in Turkey.
Conditions for obtaining a student residence permit:
· The foreign student must meet the conditions stipulated in Article 39 of the Aliens and International Protection Law.
· Provide information and data that explain the purpose of his stay in Turkey (according to Article 38 of the Foreigners and International Protection Law).
· Not to be included in Article 7 of the Aliens and International Protection Law.
· Submitting data on his residence address in Türkiye.
· Organizing health insurance (the foreign student is exempt from health insurance in accordance with the Social Insurance Law and the General Health Insurance Law, by reviewing the concerned authority during the first three months from the date of registration, but in the event of not reviewing during the first three months, the foreign student will have to organize Private health insurance in order to obtain a student residence permit).
The applicable laws in case the foreign student changes his university, college or branch of study:
· When a student changes his university or college and branch of study within the same state in which he resides, no change is made in his residence permit, but on condition that his academic life continues without any interruption.
· When a student changes his university or college and branch of study and moves to another state, his residence permit is canceled, and therefore he must submit an application for obtaining a student residence permit in the state to which he moved.
Student work permit:
A foreign student who receives his education at the diploma, bachelor's, master's and doctoral levels has the right to work in Turkey by submitting an application for a work permit in Turkey. Work permit applications are submitted to the Ministry of Labor and Social Security.
Reasons for canceling, refusing or not extending the student’s residence permit:
· Failure to meet one of the conditions mentioned above related to obtaining the student’s residence permit, or the disappearance of one of these conditions during the submission of the extension application.
· Failure of the student to continue his education and academic life.
· Using the student’s residence permit in violation of the purpose of granting it, which is clarified during the application submission.
· The issuance of a decision to deport the foreigner outside the Turkish state, or the existence of a ban banning his entry into Turkish territory.
· In the aforementioned cases, the family residence permit application is rejected or the previously granted residence permit is revoked, and the residence permit period is not extended.
Long-term residence permit
Matters related to the long-term residence permit are clarified in Articles No. 42 and 45 of the Aliens and International Protection Law No. 6458, and the long-term residence permit is issued in accordance with Articles No. 40 and 43 of the Implementing Regulations of the Foreigners and International Protection Law.
Foreigners who are entitled to apply for a long-term residence permit:
· Foreigners residing in Türkiye for a minimum of eight years without interruption.
· Foreigners who meet the conditions set by the Immigration Directorate's Policy Council.
· Long-term residence permit is not granted to refugees, humanitarian residence permit holders and temporary protection document holders.
Long term residence permit:
· The duration of the long-term residence permit is unlimited.
Conditions for obtaining a long-term residence permit:
· The foreign person must meet the conditions mentioned in Article 43 of the Aliens and International Protection Act.
· Residence in Turkey for a minimum of eight years without interruption (the years of residence in Turkey are calculated based on Article No. 38 of the Foreigners and International Protection Law, half of the years of residence are calculated through the student’s residence permit and the rest of the types of residence are fully calculated).
· The foreign person must not have received social assistance during the last three years.
· That the income of the foreign person be sufficient to pay for his living expenses and that of his family.
· That the foreign person has a valid health insurance.
· The foreign person should not pose a threat to Turkish public security and order.
Rights granted by a long-term residence permit:
· The long-term residence permit grants the foreign person all the rights granted to Turkish citizens except for military service, election, candidacy for election, entering official jobs, and importing cars. In addition, the fields related to social security remain preserved.
Reasons for refusal, cancellation or non-extension of a long-term residence permit:
· That the foreign person poses a threat to Turkish public security and order.
· To reside outside Turkey for a period of more than one year without interruption (with the exception of health conditions, education and obligatory public services in his country).
· In the cases mentioned above, the immigration department in the state in which the foreign person resides cancels the long-term residence permit, and the foreign person whose residence permit is canceled due to staying outside Turkey for more than one year can review the Turkish consulates outside the country or the immigration department personally or according to the rules The review that is determined by the Immigration Department in order to apply for a long-term residence permit, and the foreigner is not required to reside in Turkey for eight years without interruption while submitting the application again, and the application file is usually evaluated and answered within a maximum of 30 days.
Humanitarian residence permit
Matters related to the humanitarian residence permit were clarified in Articles No. 46 and 47 of the Foreigners and International Protection Law No. 6458, and the humanitarian residence permit is issued in accordance with Article No. 44 of the Implementing Regulations of the Foreigners and International Protection Law.
Foreigners who are entitled to apply for a humanitarian residence permit:
· Foreigners who bring great benefits to the Turkish state.
· A foreign person who is unable to leave Turkish territory even in the event of a deportation decision regarding him or banning him from entering Turkish territory.
· A foreign person who has not issued any decision stipulating his deportation in accordance with Article No. 55 of the Aliens and International Protection Law.
· The foreign person's review of the Turkish judicial authorities in accordance with Articles No. 53, 72 and 77 of the Aliens and International Protection Law.
· The existence of emergency cases or those related to the protection of the interests of the Turkish state that require approval of the foreign person's entry into Turkey and his residence there.
· The foreign person who was unable to meet the conditions for obtaining a residence permit of another type.
Duration of the humanitarian residence permit:
· The humanitarian residence permit is issued for a maximum period of one year each time the application is submitted.
Conditions for obtaining family residency:
· The humanitarian residence permit is not related to the conditions applicable to other types of residence permit in Turkey.
Reasons for refusal, cancellation or non-extension of the family residence permit:
· Failure to meet one of the conditions mentioned above related to obtaining a humanitarian residence permit, or the disappearance of one of these conditions during the submission of the extension application.
Other matters related to the humanitarian residence permit:
· Foreigners who obtain a humanitarian residence permit must register their residence address in the address registration system within a maximum of twenty working days from the date of obtaining the residence permit.
· Foreigners who have a humanitarian residence permit can apply for a residence permit of another type if the conditions for obtaining it are met (with the exception of a long-term residence permit).
· The period for which a foreigner resides with a humanitarian residence permit is not counted under the other types of residence permit.
Residence permit for victims of human trafficking
Matters related to the residence permit for victims of human trafficking have been clarified in Articles No. 48 and 49 of the Foreigners and International Protection Law No. 6458, and the residence permit for victims of human trafficking is issued in accordance with Articles No. 15 and 46 of the executive regulations of the Foreigners and International Protection Law.
Foreigners who are entitled to apply for a residence permit for victims of human trafficking:
· Foreigners affected by human trafficking crimes.
Duration of residence permit for victims of human trafficking:
· The residence permit for victims of human trafficking is issued for a period of 30 days, and the duration of the residence permit for victims of human trafficking can be extended for a maximum of six months at a time, but the total periods of residence in Turkey cannot exceed three years.
Conditions for obtaining residency for victims of human trafficking:
· The residence permit for victims of human trafficking is not related to the conditions applicable to other types of residence permit in Turkey.
Reasons for refusal, cancellation or non-extension of a residence permit for victims of human trafficking:
· The foreign person communicated with the perpetrators of the crime of human trafficking based on his personal will.
· Non-compliance and care of the foreign person with the obligations imposed on him.
· Evidence that the foreign person is not harmed by human trafficking crimes.
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