Residence Permit in Turkey: Types, Application, and Rejections

Foreigners who will stay in Turkey for more than ninety days or longer than the visa/visa exemption period are required to obtain a residence permit (İkamet İzni). The basis of the residence permit is the Law No. 6458 on Foreigners and International Protection (YUKK). In this guide, we explain the types of residence permits, the application and extension process, rejection/cancellation cases, and the appeal/litigation path against them — touching upon the practice in Gaziantep.

Types of Residence Permits (YUKK Art. 30)

The law foresees six types of residence permits (YUKK Art. 30/1):

1. Short-term residence permit
2. Family residence permit
3. Student residence permit
4. Long-term residence permit
5. Humanitarian residence permit
6. Residence permit for victims of human trafficking

The conditions and duration provided by each type are different; choosing the correct type is critical for the application not to be rejected.

Short-Term Residence Permit (YUKK Art. 31)

This is the most frequently applied type. It can be granted to the following foreigners (YUKK Art. 31/1):

• Those coming for scientific research purposes
• Those who own immovable property in Turkey
• Those who will establish commercial connections or business
• Those who will stay for tourism purposes
• Those who will receive medical treatment (provided they do not carry a disease threatening public health)
• Those who will attend Turkish language courses or education/research/internship programs
• Those who have completed their higher education in Turkey and apply within six months of graduation
• Those who will make an investment in the scope and amount determined by the President, and their families

A short-term residence permit is generally issued for a maximum of two years each time; for investment and TRNC citizens, this period can go up to five years (YUKK Art. 31/2 and Art. 31/5).

2024 Amendment: With Law No. 7533, the nature and value of the immovable property that will form the basis for granting a short-term residence permit via real estate are determined by the Ministry (YUKK Art. 31/6). Since residence permit restrictions for foreigners can be applied in certain regions in many provinces, including Gaziantep, it is necessary to verify the current situation before purchasing real estate.

Family Residence Permit (YUKK Art. 34-35)

It is granted to the foreign spouse and minor / dependent child of Turkish citizens or foreigners holding a residence permit, for a period not exceeding three years each time (YUKK Art. 34/1). The main conditions sought in the sponsor (YUKK Art. 35):

• A regular income not less than one-third of the minimum wage per family member
• Health insurance covering all family members and suitable accommodation
• Having stayed in Turkey with a residence permit for at least one year (with some exceptions)

Those who stay with a family residence permit for at least three years and complete the age of eighteen can convert this permit into a short-term residence permit (YUKK Art. 34/5). In case of divorce, a foreigner married to a Turkish citizen can be granted a short-term permit, provided they have stayed with a family residence permit for at least three years; if domestic violence victimization is established by a court decision, the three-year condition is not sought (YUKK Art. 34/6).

Student Residence Permit (YUKK Art. 38)

Granted to foreigners who will receive associate, undergraduate, graduate, or doctoral education in Turkey (YUKK Art. 38/1). A student residence permit does not grant the right to a residence permit to the student's parents and relatives (YUKK Art. 38/3). Children staying with a family residence permit, however, can continue their primary and secondary education until the age of eighteen without obtaining a student permit.

Long-Term Residence Permit (YUKK Art. 42-43)

Granted indefinitely, with the approval of the Ministry, to foreigners who have stayed in Turkey with a residence permit uninterruptedly for at least eight years (YUKK Art. 42/1). Conditions sought for transition (YUKK Art. 43/1):

• Having stayed with a residence permit uninterruptedly for at least eight years
• Not having received social assistance in the last three years
• Sufficient and regular income + valid health insurance
• Not posing a threat in terms of public order/security

Refugees, conditional refugees, secondary protection, and humanitarian residence permit holders are not granted the right to transition to a long-term residence permit (YUKK Art. 42/2).

Humanitarian Residence Permit (YUKK Art. 46)

In cases such as the best interest of the child, inability to leave despite a deportation order, or applying to judicial remedies, it can be granted for periods determined by the Ministry without seeking the conditions of other permits (YUKK Art. 46/1). A foreigner receiving a humanitarian residence permit must register in the address registration system within a maximum of twenty working days.

Application and Extension

• Application (YUKK Art. 21): A residence permit application is, as a rule, made to the consulate in the foreigner's country; a passport valid for sixty days longer than the requested permit period is required from the applicant. Applications are concluded within a maximum of ninety days. For some permits like long-term, student, and humanitarian, applications can also be made to governorships (YUKK Art. 22).
• Extension (YUKK Art. 24): An extension application is made to the governorship sixty days before the permit expires, and in any case before the period expires. The applicant is given a document not subject to fees; they can stay in the country with this document until a decision is made. Extended permits are initiated from the end date of the old permit.

Rejection, Cancellation, and Appeal (YUKK Art. 25)

The rejection, non-extension, or cancellation of a residence permit request is carried out by governorships, considering the foreigner's family ties in Turkey, duration of residence, and the best interest of the child, and is notified to the foreigner, their legal representative, or their lawyer (YUKK Art. 25). The notification also includes how the appeal rights will be exercised.

Since residence permit rejection/cancellation procedures are administrative acts, an annulment lawsuit at the administrative court is filed against them. In this aspect, the process runs within the framework of the annulment lawsuit rules and litigation deadlines we explained in our Administrative Lawsuit Guide. Since deadlines are strict (hak düşürücü), it is important to get legal support without wasting time after the notification.

Frequently Asked Questions

How many days can I stay in Turkey without a residence permit?

Generally 90 days within 180 days under visa or visa exemption. For a longer stay, you must obtain a residence permit suitable for your purpose of stay (YUKK Art. 30).

My residence permit was rejected, what can I do?

A rejection decision is an administrative act; you can file an annulment lawsuit in the administrative court within 60 days of notification. Your appeal rights against the decision are stated in the notification (YUKK Art. 25). Consult a lawyer to avoid missing deadlines.

When should I extend my residence permit?

You must apply to the governorship sixty days before the permit expires and definitely before the period expires (YUKK Art. 24). You can stay in Turkey with the document given after the application until a decision is issued.

I married a Turkish citizen, which permit do I get?

A family residence permit can be granted to the foreign spouse of a Turkish citizen (YUKK Art. 34). Under certain conditions, it is possible to transition to a short-term residence permit after at least three years.

How many years are required for an indefinite (long-term) residence permit?

As a rule, it is necessary to have stayed with a residence permit uninterruptedly for eight years and to meet other conditions (income, insurance, not receiving social assistance) (YUKK Art. 42-43).

---

Related guides:

• Foreigners Law Guide (general framework)
• Foreign Work Permit Guide
• Deportation Appeal Guide

For residence permit applications, extensions, appeals against rejection/cancellation decisions, and family/student/work permit processes within the scope of foreigners law in Gaziantep, you can contact Av. M. Furkan Gür. +90 552 692 90 90.