DEFINITIONS REGARDING THE RESIDENCE PERMITS PROCEDURES OF THE FOREIGNERS
1- Residence Permit for Work: In accordance with the 2nd Paragraph of the Article 3 of the Foreigners Law No.5683, foreigners who have come to Turkey in order to work should be issued residence permit in any case before working and within a month following their arrival.
Foreigners who have come to Turkey in order to work and obtained work visa abroad, should be issued residence permit at the latest within 30 days following their arrival and before working.
2- Interruption in the Residence: Residence permit owner foreigners who exits Turkey and do not renew his/her residence permit within 6 months without any reason, or, who do not renew his/her residence permit within 6 months although s/he is in Turkey, become illegal.
3- Application Period for the Residence Permit: Foreigners who come to Turkey for various purposes with short-term or long-term visas, with visa exemption, sticker visas, etc. should be issued residence permits in accordance with the Article 3 of the Foreigners Law No. 5683.
For instance, a German citizen who come to Turkey with a long term visa granting a one-year residence permit should be issued residence permit from the TNP units at the end of three months.
A Jordanian citizen coming to Turkey with the same kind of visa should be issued residence permit from the TNP units at the end of a month (The foreigners may be issued residence permits as of their entry dates if they demand).
A foreigner who comes to Turkey with a three months’ visa exemption should be issued residence permit from the TNP units at the end of three months.
Ones, who come with visa exemption less than three months or with other kind of visas, should be issued residence permit from the TNP units at the expiry date of their visas.
Ones, who have residence permits, should be issued residence permit from the TNP units within 15 days following the expiration of their residence permits.
On the other hand, the foreigners who will work in Turkey should be issued residence permit from the TNP units before they start to work.
Foreigners should be issued residence permit from the TNP units at the latest at the expiry dates of their visas. Meanwhile, foreigners who come to Turkey by taking their long term visas from Turkish Missions abroad for various purposes such as work, education, research, long-term stay, etc., may be issued residence permits starting from their entry dates into Turkey in case they demand.
However, in the residence permits issued to the foreigners who have come with sticker visas or with visa exemption, the expiry date of the mentioned visas shall also be the starting date of the resident permit.
Foreigners who have come with the mentioned long-term visas but do not apply for residence permit in the valid period, shall be obliged to pay double the amount of residence permit fee during their exits from the country in accordance with the Act of Fees No.492.
a- The ones to get the residence permit for the first time: Foreigners included in this category should apply to Foreigners Section of the Provinces’ Police Headquarters of the city they want live in within the visa or exemption period.
b- Foreigners to renew/extend their residence permits: Foreigners included in this category have the right to extend their residence permit within 15 days following the expiration of their permits. For this reason, foreigners who exit from the country within 15 days following the expiry dates of their permits do not pay fine. Therefore, in order to avoid paying fee, they should apply in time to Foreigners Section of the Provinces’ Police Headquarters of the province where they have residence permit.
4- The Extension/Renewal of the Residence Permits
a- Foreigners who want to renew or extend their residence permits in Turkey, shall be obliged to apply to Foreigners Section of the Provinces’ Police Headquarters (first step application center) in person or through someone else within 15 days following the expiration of residence permits.
b- Residence permits can be renewed four times at most.
c- Even in the case of changes (address, work, status, marital status and transfer to another province, etc.) the renewal should be made on the same residence permit document.
THE PERIOD OF THE RESIDENCE PERMITS AND EXTENSION
The validity period of the residence permits is 5 years. In accordance with the reciprocity principle, this period may be shortened or extended by Ministry of Interior (MoI) in consultation with the Ministry of Foreign Affairs.
Residence permits can be renewed four times at most. Extension is done on the same residence permit document regardless of its purpose unless it has not been extended four times.
5- Loss of the Residence Permits
Foreigners who lose their residence permits are obliged to obtain the new ones. These people are given new residence permits which have exactly the same validity period of the lost ones. The new ones cost half price of the lost ones in accordance with the Act of Fees No. 492.
6- The Residence Permits of the Ones Who Leave Turkey
The residence permits (even the expired ones) of the ones who leave Turkey will not be taken back from the foreigner.
7- Interruption in the Residence
For foreigners who suspend their residences unexcused for more than 6 months, their previous residence permits shall not be calculated. These people shall be treated as foreigners applying for the first time.
However, the interruptions in the residence sourcing from force majeure such as education, medical treatment, military service, etc. shall not be considered as a break even if the interruption lasts for more than 6 months. These people are requested to submit documents proving their excuses (medical report, document regarding their education or military service, etc.)
B. RESIDENCE PERMIT PROCEDURES OF THE FOREIGNERS ENTERING INTI TURKEY WITH THEIR IDENTITY CARDS
There are questions how to react regarding the marriages of the citizens of the European Council member states who enter into Turkey with their identity cards and make marriage within three months following their entries.
In the Article 1/1 of the European Convention on the Travel of the Persons among European Council Member States which came into force on 1st December of 1961 following its publication in the Official Gazette No. 10972, the travel of the citizens of the European Council Member States with the identity cards instead of passports is defined and the rights provided by the identity cards is limited in the same provision.
It is provided for that in the 2nd and 3rd paragraphs of the Article 1 in the above mentioned Convention that the mentioned facilitation shall be valid for only maximum 3 months’ travels, and in the case of stays longing more than 3 months or with a purpose of making money, valid passport and visa is required.
For this reason, foreigners who do not exit at the end of the 3 months following their entries with the identity cards, and claim resident permits for any reason are required to submit valid passport in accordance with the European Convention on the Travel of the Persons among European Council Member States which came into force on 1st December of 1961 following its publication in the Official Gazette No. 10972. And the residence permit shall be issued in accordance with the information specified in the passport.
C. TIME LIMITS TO BE CONSIDERED VALID IN THE ISSUANCE OF THE RESIDENCE PERMITS OF THE FOREIGNERS WHO ENTER INTO TURKEY WITH VALID VISA OR VISA EXEMPTION
The issuance of the residence permits to the foreigners is specified in the 1st paragraph of the Article 1 of the Foreigners Law No.5683 as follows:
“Foreigners to stay in Turkey more than a month shall be obliged to apply to Foreigners Section of the Provinces’ Police Headquarters (first step application center) in person or through someone else within a month’s period. This application is not subject to any charge or duty.”
In accordance with the Cabinet Decree dated 04.08.1661, one month time limit mentioned in the above paragraph is applied as three months for citizens of states with which Turkey has visa exemption agreement, citizens of states Turkey has been associated with NATO Agreement and citizens of European Council Member States.
Under the circumstances, residence permit requirement after a month for the above mentioned citizens whose countries had visa exemption before, has emerged in accordance with Article 3 of the Foreigners Law No.5683 as they can not benefit from Cabinet Decree dated 1961.
Thus, three months limit specified in the Cabinet Decree dated 1961 which has some implementation problems had to be amended in order to make it implementable for the all foreigners who has adequate visa validity period.
For this reason, regarding the revision of the 1 month period with 3 months; Cabinet Decree dated 1961 which had directed the procedures until that day was abated with the consensus of Ministries of Foreign Affairs, Finance and Tourism. And the following text of Cabinet Decree dated 08.01.2004 came into effect (RG: 08.01.2004-25340):
“It was decided with the Cabinet Decree dated 22.12.2003, in accordance with the Article 30 of the Foreigners Law No.5683 and upon the correspondence (numbered 285611) of the Ministry of Foreign Affairs (MFA) that the one month period specified in the first paragraph of the Article 3 of the Foreigners Law No.5683 shall be implemented as 90 days on the condition that the visa exemption period or the residence permit duration of the concerned foreigner is adequate.”
Following the mentioned amendment, the procedure defining when the foreigners who come to Turkey by visa or with visa exemption, shall be issued residence permit has changed.
Procedures regarding the 1st paragraph of the Article 3 of the Foreigners Law No. 5683has been amended as follows in accordance with the above mentioned Cabinet Decree:
1) 90 Day Implementation
Foreigners entering Turkey legally and foreigners, without country exception, whose residence permit time as specified on their own visa labels is at least 90 days, can stay in Turkey up to 90 days without taking any residence permit.
Example 1: There is an ease of visa exemption which is single sided for the German citizens between Turkey and Germany. This period is 90 days. German citizens can stay in Turkey for 90 days without any residence permit in their touristic travels which are generally eased by the abovementioned visa exemption.
Example 2: The implementation of visa exemption is 2 months (60 days) for Croatian citizens. Accordingly, a Croatian citizen who visits Turkey through benefiting from visa exemption implementation will not take any residence permit for 2 months. At the end of 2 months, if the citizen decides to continue staying in Turkey, she/he should have taken residence permit in accordance with 5683 numbered Law, Article 3, Clause 1. Because, visa period or visa exemption period should be at least 90 days in order to use 90 days which is specified in Council of Ministers Decision (If the Croatian citizen had taken 60 months of residence permit from foreign representatives of Turkey, the period of stay would have been 90 days without taking residence permit).
Example 3: Travels of Syrian citizens to Turkey are subject to consular visa. Therefore, Syrian citizens should apply to Turkish representatives in Syria before entering Turkey and take their visas. In this way, a Syrian citizen who comes to Turkey through taking visa for the purposes of relative visits, touristic visits and health issues for 20 days should have taken residence permit at the end of that 20 days period if she/he would continue to stay in Turkey due to the fact that visa duration is less than 90 days.
2) Stamp Visas in 90 Day Implementation
Durations of stamp visas which are given to some country citizens at the border gates vary between 15 days, 30 days, 60 days and 90 days. Therefore, stamp visa implementation whose residence permit exceeds 90 days is not applied.
In this situation, foreigners who enter Turkey with stamp visas will have to acquire residence permit before the duration of stamp visa run out if they want to continue to stay in Turkey more than the duration written on their stamp visas.
3) Residence permit durations determined apart from Article 3 of 5683 numbered Law
3.a) Foreigners possessing entry visas which are stamped as “touristic” (on the purpose of the visa, it is written “tourist” or “tourism”) for the purposes of national or international historical-cultural and fine arts, festivals, sporting competitions or for the purposes of visits, treatment or air change to be determined by the Council of Ministers can stay for 4 months (120 days) in accordance with Article 5 of 5683 numbered Law unless there is any restriction in terms of residence in their visas.
3.b) Foreigners who come to Turkey with joint passports for the purposes of travel or as specified above can stay for 3 months (90 days) if their visa exemption period or residence period in their visas are enough.
3.c) Foreigners who come to Turkey with their triptych documents and entrance carnet can stay for 4 months (120 days) in accordance with Article 6 of 5683 numbered Law if their visa exemption period or residence period in their visas are enough.
3.d) “Law enforcement officers” of North Atlantic Treaty (NATO) member states can stay during their period of duties in accordance with the Agreement on Status of Forces dated 1954.
3.e) Members of foreign diplomatic missions in Turkey can stay during their period of duties (those residing with identity cards given by the Ministry of Foreign Affairs).
3.f) International organizations’ personnel who are realizing their duties in Turkey can stay during their period of duties without taking residence permit (those residing with identity cards given by the Ministry of Foreign Affairs).
However, foreigners specified on the articles of “d, e and f” should apply for residence permit within one month after their duties expire. Within this period, residence fine is not applied to those who exit from our county (5683 Numbered Law, Article 29).
8. Foreign instructors who are actively involved in Academic Research and Instruction Studies in our country as well as their spouses and children can stay in our country in accordance with Article 88/C of 492 numbered Law.
As it is known, in accordance with Article 88/C of 492 numbered Law, professors and experts who are employed by “State Provincial Special Administrations, Municipalities, State Owned Enterprises and official establishments” can take residence permit without fees as well as their spouses and children.
Considering this provision, even though it is perceived as only those instructors who are working in state universities can take residence permit without any fee, by taking the “purpose factor” into consideration which is one of the elements providing constitution of the Law, the instructors of both state and private universities can take residence permits without any fee as well as their spouses and children in accordance with the circular regarding these issues.
E. IMPLEMENTATION REGARDING PREVIOUS TURKISH CITIZENS WITHIN THE SCOPE OF 4112 NUMBERED LAW (PINK CARD)
Our citizens’ concerns of being exposed to be perceived as foreigners in turkey who live in the countries which do not accept dual nationality make them relinquish their rights of citizenship in the foreign countries and as a result of the fact that they also lose their rights of Turkish citizenships, this situation is amended with the Law numbered 4112 dated 07.06.1995 in accordance with Article 29 of Turkish Citizenship Law numbered 403 which regulates the results of this situation.
Therefore, those who were born in Turkey but acquired another country’s citizenship with the decision of Council of Ministers or their legal inheritors are taken into another category from the foreigners and it is allowed for these citizens to use some of Turkish citizenship rights providing that the provisions are kept regarding Republic of Turkey national safety and public security. These rights are residing in Turkey, travelling, working, heritage, movable and real estate acquisition and assignation. Principles regarding the implementation are specified below:
1- “Document regarding use of Rights which are reserved with the Law numbered 4112” is given to those who want to benefit from the rights specified in the law by the consulates abroad and by General Directorate Of Population And Citizenship Affairs and Provincial Population and Citizenship Directorates in Turkey.
2- In accordance with Article 32 of 403 numbered Turkish Citizenship Law, the same document is given for the children who are out of Turkish citizenship and bound to their parents with the documents of General Directorate Of Population And Citizenship Affairs numbered B050NÜV0070002.145.111-49051 and dated 01.08.2000.
3- The document should be approved in order to benefit from the rights of the document.
4- The document given in accordance with 4112 numbered Law which is defined as the document regarding use of rights reserved in the law (Pink Card) is given only to those taking the citizenship of another country legally and wants to benefit from some of the Turkish citizenship rights and these documents should never be perceived as “identity card”.
5- Due to the fact that these individuals can work in accordance with the rules which are valid for Turkish citizens as well, they do not need to take work permit or work visa within the scope of the regulation foreigners are subjected to.
6- Due to the fact that benefitting from the rights which are reserved with the abovementioned law is optional, those who want to be subjected to foreign citizenship with some purposes despite the fact that they are holders of Pink Card, they are treated as foreigners (e.g. giving residence permit to these individuals).
However, previous Turkish citizens who are holders of Pink Card, there shall not be any suggestion regarding their renouncement of their rights which is realized with Pink Card except from their wishes or wills.
7- Holders of Pink Card who demand residence permits for the purposes of education, working or other objectives can take the permission.
a- The permits which shall be given to those who demand residence permits for the purposes of education, working, tourism, relative visit, treatment shall be given in accordance with their demands.
b- The periods of residence permits to be arranged shall be arranged in a way that will not exceed 5 years which is the maximum limit as specified in residence permits in accordance with the Article 9 of 4360 numbered Law with an amendment in 5683 numbered Law (ex officio).
c- Due to the fact that holders of Pink Card are those who were born in Turkey but become another country’s citizenship with the permission of Council of Ministers, they do not need to any residence permit fee as they are considered within the scope of “Those who are of Turkish origin and are bound to Turkish Culture” as specified in (e) paragraph of Article 88 of 492 numbered Acts of Fees except from the permission fee of 210 numbered Valuable Documents Law.
8- Due to the fact that these individuals do not possess the liability of taking visa in entering Turkey, it shall definitely not taken any visa fee from these individuals.
9- Due to the fact that these holders of cards can reside in Turkey without taking any residence permit, they shall not pay any fine or fee with the reasons of visa expiration.