Family Residence Permit
A family residence permit may come into question for the foreign spouses, and the foreign children who are minors or dependent, of Turkish citizens, of persons within the scope of Article 28 of Turkish Citizenship Law No. 5901, of foreign nationals holding a residence permit, and of holders of the international protection statuses specified in the law.
In a family residence permit, the conditions of both the sponsor and the family member requesting the permit are reviewed. Establishing the family tie with official documents, living together or the intention to live together, the address, income, health insurance, age and the genuineness of the marriage are among the matters assessed. Because some conditions required of the sponsor have statutory exceptions, each family structure must be handled separately.
Legal services we provide within the scope of the family residence permit
- Family residence permit application of a foreign national married to a Turkish citizen
- Initial and extension applications for foreign spouses and children
- Registration in Türkiye of a marriage concluded abroad
- Review of foreign marriage, birth, divorce and custody documents
- Preparation of the sponsor’s income, address, insurance and criminal record documents
- Assessment of custody and the consent of the other parent for children
- Interview and document review concerning family unity
- Legal assessment against allegations that the marriage was entered into for residence purposes
- Application against decisions rejecting, canceling or not extending the family residence permit
Divorce, domestic violence and the death of the sponsor
A foreign national who is married to a Turkish citizen and has stayed in Türkiye for a certain period on a family residence permit may, after divorce, transition to a short-term residence permit if the conditions are met. The law contains special protective provisions for persons who establish their victimization due to domestic violence by a court decision. In the event of the sponsor’s death, the possibility of transition to a short-term residence permit for persons staying on a family residence permit is also assessed separately.
The continuation of the divorce case, the status of the marriage record, custody, the children’s life in Türkiye, protective orders and the foreign national’s independent reason for staying must be reviewed together.
Student Residence Permit
A student residence permit may be issued to primary and secondary school students who do not have a family residence permit, and to foreign nationals who continue their associate degree, bachelor’s, master’s, doctoral or the specialization education specified in the law in Türkiye.
The student’s enrollment status, education program, passport and address information, health insurance and the actual continuation of studies are important. The end of student status, freezing of enrollment, absenteeism, and a change of university or city may affect the current permit.
In this scope:
- Initial and extension applications
- Review of university enrollment and student documents
- Parent or legal representative procedures for primary and secondary school students
- Health insurance and the periods for transition to general health insurance
- Change of school, faculty and department in the same province or another province
- Transition to a short-term residence permit after graduation
- Rejection, cancellation or non-extension of the student residence permit
- Assessment of the student’s status in connection with a work permit
Legal support is provided on these matters.
A student residence permit alone does not provide an unlimited right to work. The right to work is reviewed separately within the framework of the level and duration of study and the work permit legislation.
When Your Family or Education Situation Changes
The end date written on the card does not make up for the loss of the basis of the permit in every case. When there is a divorce, the death of the sponsor, leaving school or graduation, the new status must be assessed without delay.
For a foreign national who is married to a Turkish citizen and has stayed on a family residence permit for at least three years, transition to a short-term permit after divorce may come into question. If victimization due to domestic violence has been established by a court decision, the three-year condition is not required. In the event of the sponsor’s death, transition is assessed without a duration requirement.
Those who complete higher education in Türkiye may be assessed within the scope of a one-time short-term permit of up to one year when they apply within six months from the date of graduation. This possibility is not an automatic permit.
How do we prepare the file?
In a family file, we compare the marriage, birth, custody, consent and sponsor documents; in a student file, the enrollment, level of study, attendance and dates of change. We reflect the concrete facts regarding family life and the best interests of the child in the application, and we follow the decision and subsequent notifications.
Foreign Children Born in Türkiye
Article 21/13 of the Implementing Regulation provides that a residence permit suited to the child’s situation be obtained within 180 days for a foreign child born in Türkiye. The birth certificate is assessed in terms of a stay tied to the valid permit of the mother or father; it is not by itself an entry-exit document for the country. The travel document, the parent’s status, custody and the application timeline should be planned together after the birth.
Information Needed for the First Consultation
Prepare your passport, your current permit and your application records; if there is a decision, all of its pages and the notification record. If a permit expiry, a trip or an application deadline is approaching, mention it in your first message. The file-specific document list and the method of representation are settled in the consultation.