Residence Permits for Foreigners in Türkiye and the Legal Process

This article is an English translation of the Turkish original published by the office.

With globalisation, international migration has become one of the world’s biggest challenges. Türkiye has received a large share of migration, particularly over the last decade, and its foreign population has grown significantly. Residence permits, which allow foreigners to reside legally in Türkiye, are regulated by the Law on Foreigners and International Protection No. 6458. In this article we discuss the legal procedures for residence permits in Türkiye.

What is a residence permit?

Under Law No. 6458, a residence permit is a document granting permission to stay in Türkiye. Issued by the competent authorities, it gives the foreigner the right to live in Türkiye for a certain period and at a certain place. It is issued if the foreigner applies with the required documents and meets the conditions of the type of permit requested.

Types of residence permit

Law No. 6458 provides for six types of residence permit:

1. Short-term residence permit: may be granted for up to two years for purposes such as tourism, business meetings, buying property, medical treatment, scientific research, in-service training, education under agreements to which Türkiye is a party or student exchange programmes, or attending Turkish language courses.
2. Family residence permit: may be granted for up to three years to the spouses and children under 18 of Turkish citizens or of persons legally residing in Türkiye.
3. Student residence permit: granted to foreigners studying at higher education institutions in Türkiye for the duration of their studies.
4. Long-term residence permit: may be granted indefinitely to foreigners who have resided legally in Türkiye for at least eight years without interruption.
5. Humanitarian residence permit: granted temporarily in compelling and exceptional situations when other permits cannot be applied for. Developments in human rights and Türkiye’s protective approach towards those forced to leave their countries play a large role. Governorships may grant and extend such permits, within the periods set by the Ministry and with the approval of the Presidency of Migration Management.
6. Residence permit for victims of human trafficking: granted by governorships for 30 days during protection and rehabilitation; it may be extended for periods of up to six months, not exceeding three years in total.

Why are applications refused?

Refusals generally result from procedural errors or from the applicant not meeting the conditions of the type of permit applied for. Common reasons in practice include: not meeting the conditions of the permit type; a deportation decision against the applicant; an entry ban; posing a risk to public health; failing to provide the address where the applicant will live; applying after a visa violation; applying for an unsuitable type of permit instead of the appropriate one; and applying after the visa exemption period has expired.

Other reasons may exist depending on the circumstances, since not all grounds for refusal are exhaustively listed in the law. It is therefore important to be very careful when applying.

What can be done if the application is refused?

The refusal decision is notified to the applicant in writing, stating the reasons and the available remedies. After a refusal, the foreigner is generally required to leave Türkiye within 10 days; failing that, an administrative fine and deportation may follow. A foreigner notified of a refusal has two legal options:

1. Administrative objection

The foreigner may object to the refusal to the Presidency of Migration Management, through the Provincial Directorate of Migration Management, within 60 days of notification.

This administrative application suspends the period for filing an annulment action. The administration must respond within 30 days. Possible outcomes are:

• If the response is positive, a residence permit may be issued.
• If the response is negative, an annulment action may be filed at the administrative court within the remaining period.
• If there is no response within 30 days, the objection is deemed implicitly rejected and a case may be filed within the remaining period.

Deadlines are crucial. From the day after notification, there are 60 days to object to the administration or to sue. For example, if the applicant objects on day 10 and receives a refusal 20 days later, the remaining time to sue is 50 days from the day after notification of the refusal.

2. Annulment action

It is also possible to sue directly at the administrative court without an administrative objection; recourse to the administrative courts is the principal remedy. The foreigner may file an annulment action at the competent administrative court within 60 days of notification. The petition should explain the applicant’s legal situation, why the application was refused and why the refusal is unlawful. If the applicant wishes to remain in Türkiye during the process, a request for a stay of execution should be included. If the refusal was given by a consulate abroad, the case is filed at the Ankara Administrative Court; if it was given by a governorship, at the administrative court with jurisdiction over that governorship. Documents supporting the application should be submitted, and the court’s decision is binding on the applicant.

The administrative court’s decision may be appealed (istinaf) within 30 days of notification, through the court that gave it, to the regional administrative court, whose decision is final and cannot be appealed to the Council of State.

Foreigners therefore have legal remedies against refusals — administrative objection and annulment action. Following the deadlines carefully is essential to avoid losing rights, and support from an experienced immigration lawyer is the best approach to prevent errors or omissions from leading to a negative outcome.

Türker Law Office provides legal representation and advice on residence permit applications in Türkiye — short-term, family, student, long-term and humanitarian permits — and on administrative objections, annulment actions and stay-of-execution requests against refusals.