FAMILY RESIDENCE PERMIT

WHAT IS A FAMILY RESIDENCE PERMIT?

Within the scope of Foreigners and International Law;

1- Turkish citizens, 

2- Those who are within the scope of Article 28 of Law No. 5901 (citizenship law) (i.e., persons who benefit from the rights granted to persons who have lost their Turkish citizenship by obtaining a residence permit)

3- Holders of one of the residence permits

4- Holders of subsidiary protection status may be granted a family residence permit for a period not exceeding three years at a time:

                a) Their foreign spouse,

                b) Their or their spouse's minor foreign child,

                c) Their or their spouse's dependent foreign child. 

However, the duration of the family residence permit cannot in any way exceed the duration of the sponsor's residence permit.

IF A FOREIGNER HAS MORE THAN ONE SPOUSE, CAN HE GET A RESIDENCE PERMIT FOR ALL OF THEM?

 As it is known, in some Middle Eastern countries, the laws make it possible to marry more than one spouse. However, within the scope of the Turkish Civil Code applied in Turkey, a person can only have one legally married spouse and the law does not recognize other persons as spouses. Therefore; According to the law of the country of citizenship, in case of marriage with more than one spouse, only one of the spouses is given a family residence permit. However, children from other spouses can also be granted a family residence permit. Because, at this point, one acts as a parent and a permit arises due to the person's motherhood and paternity.

However, in the family residence permit of the children, the consent of the mother or father who has joint custody, if any, outside Turkey will be sought and applying for a permit by only one mother or father will be insufficient and will cause the application for permission to be rejected due to procedural reasons. 

DOES CHILDREN WITH A FAMILY RESIDENCE PERMIT NEED TO GET A STUDENT RESIDENCE PERMIT?

- Family residence permits provide the right to education in primary and secondary education institutions until the age of eighteen without obtaining a student residence permit. However, it is necessary to apply for a permit after secondary education.

Can I switch from a family residence permit to a short-term residence permit?

Transitioning from a family residence permit to a short-term residence permit is possible in some limited cases, but it must meet certain conditions.

-   With a family residence permit for at least three years. Those who have stayed in Turkey and have reached the age of eighteen can convert their permit into a short-term residence permit upon request.

-   In case of divorce, a foreigner married to a Turkish citizen may be granted a short-term residence permit, provided that he or she has stayed with a family residence permit for at least three years. However, if it is established by the relevant court decision that the foreign spouse is a victim of domestic violence, the three-year period requirement is not required.

- In the event of the death of the supporter, those who remain with the family residence permit of this person may be granted a short-term residence permit without any period requirement.

 CONDITIONS FOR OBTAINING A FAMILY RESIDENCE PERMIT

Before listing the conditions for a family residence permit, there are many parts of the law. The concept of "supporter", which is encountered frequently in family residence permits, needs to be explained. According to our relevant legislation, ''supportive'';  It refers to the Turkish citizen or the foreigner who is legally present in Turkey, who undertakes the expenses of foreigners who will come to Turkey for the purpose of family unity and who is used as a basis for the application by those who request a residence permit. To put it more clearly; The family member who will cover the expenses of the foreigner who will reside in Turkey to ensure family unity must be a first degree family member (spouse, father, mother, child). The first degree family member that the foreigner who requests a residence permit has cited as a basis for his application is a citizen of the Republic of Turkey. It is mandatory for the supporting family member to have SSI (General Health Insurance). If the supporting Turkish Citizen does not have SSI (General Health Insurance), he/she will be required to obtain private foreign health insurance for himself and the foreign family member he will apply for, with the verbal approval of the Immigration Administration.

 In requests for a family residence permit, the following conditions are required for the sponsor:

a) Having a monthly income not less than one-third of the minimum wage per member of the family, with a total income not less than the minimum wage,

b) General health and safety insurance, according to the population of the family. To have housing conditions in accordance with security standards and to have health insurance covering all family members,

c) To document with a criminal record that he has not been convicted of any crime against family order within five years as of the application date,

ç) To have been staying in Turkey with a residence permit for at least one year,

d) To be registered in the address registration system. 

However:

- Those who have a residence permit or work permit for scientific research purposes,  

- Those who are within the scope of Article 28 of Law No. 5901 (citizenship law) (i.e., those who benefit from the rights granted to persons who have lost their Turkish citizenship by obtaining a permission to leave)

- Subparagraph (ç) of the first paragraph does not apply to foreigners who are married to Turkish citizens. In other words, these people are not required to stay in Türkiye with a residence permit for at least 1 year. 

The following conditions are required for foreigners who will apply for a family residence permit to stay with the sponsor in Turkey:

a) To submit information and documents showing that the foreigner is within the scope of the first paragraph of Article 34 of the Law on Foreigners and International Protection, that is, that the foreigner is within the scope of "Family residence permit",

b) To prove that he/she lives or intends to live with the persons specified in the first paragraph of Article 34.

c) Not to have entered into the marriage for the purpose of obtaining a family residence permit

ç) For each of the spouses, they have reached the age of eighteen. to be

d) Not to be within the scope of Article 7 (not to be prohibited)

For refugees and subsidiary protection status holders in Turkey, the conditions specified in the first paragraph of this article may not be required.

 REJECTION, CANCELLATION OR REJECTION OF FAMILY RESIDENCE PERMIT REQUEST NON EXTENSION

Family residence permit is not granted in the following cases, if it is given, it is canceled, those whose expiration period is not extended are not extended:

a) The conditions required in the first (those not within the scope of family residence permit) and third paragraphs of Article 35 (in cases where the joint consent of the mother or father with joint custody is required for the family residence permit of the children, if any outside Turkey, is missing) are not met or are eliminated. abolition

b) Not granting a short-term residence permit after the conditions for obtaining a family residence permit are eliminated

c) Having a valid deportation or entry ban decision to Turkey

ç) Determining that the family residence permit is used for purposes other than the purpose for which it was issued

e) Being one of the persons listed under the heading of general rejection reasons,

f) Having a deportation decision about the person,

g) Entry of the applicant foreigner to Turkey being a banned person,

h) The applicant being a foreigner who will not be granted a visa.

ı) In the cases listed above, the family residence permit application will be rejected.

 In order to obtain a family residence permit, different conditions are stipulated for the applicant foreigner and his/her sponsor. The specified conditions must be met in order for the residence request not to be rejected.

IS THE FAMILY RESIDENCE PERMIT REQUESTED THROUGH CONSTRUCTED MARRIAGE VALID?

 If there is reasonable doubt before the family residence permit is granted or extended, the governorships investigate whether the marriage was made solely for the purpose of obtaining a residence permit. As a result of the investigation, if it is determined that the marriage was made for this purpose, the family residence permit will not be given, and if it is given, it will be cancelled. Even after a family residence permit is issued, governorships may carry out inspections to determine whether the marriage is consensual.

Residence permits obtained through consensual marriage and subsequently canceled are not taken into account in the collection of residence permit periods stipulated in this Law.

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