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Foreigners and Migration Law

Family Residence Permit: Application Conditions, Required Documents and Rights Against a Rejection Decision

A young family with children and a dog sitting smiling in the living room of a new apartment, holding a roof symbol above their heads.
Author: Published: Updated: About 49 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

A family residence permit is the type of residence that allows the foreign spouse and the children specified in the Law of a sponsor present in Türkiye with a specific status to live together as a family. The existence of a marriage or kinship tie does not in itself ensure that the permit is granted; the sponsor's status, income, housing, health insurance and address conditions are assessed together with the applicant's personal conditions. Application, extension and transition to another type of residence are different procedures. When a rejection or cancellation decision is encountered, the reasoning, notification and time limit for application of the decision must also be examined separately. This guide explains who can apply, how to prepare the documents, the special situations concerning children and the relationship between the protection of family life and the administration's power of oversight. A family residence permit is not the same legal status as a work permit or Turkish citizenship. [1][6]

What is a family residence permit, and what rights does it provide?

The family residence permit is regulated in Articles 34–37 of Law No. 6458 on Foreigners and International Protection. Calling it a "family oturma permit" in everyday use refers to the same type of permit. The purpose of the permit is to make it possible, under certain conditions, for the sponsor defined by the Law and the foreign spouse and children to live together in Türkiye. A sponsor is not just any person who bears the applicant's expenses; they must hold one of the statuses specified in the Law and meet the relevant obligations. [1]

The applicant and the sponsor are in different legal positions. For example, the right of a Turkish-citizen spouse to live in Türkiye does not of itself confer the same status on the foreign spouse. Whether the child holds Turkish citizenship must also be determined first; no residence permit application specific to foreign nationals is made for a child who is a Turkish citizen. The applications of the foreign spouse and foreign children are, however, carried out on the basis of their own identities and personal conditions. [1][6]

The difference between a residence permit and a visa

A visa or visa exemption concerns the regime of entry into Türkiye and stay for a certain period; a residence permit concerns a longer stay in Türkiye under statutory conditions. Having a marriage certificate or an e-İkamet form does not in itself solve all entry and stay problems. The validity of the passport, the lawful period of stay, any violation, an entry ban or other administrative decisions must be examined together. [1][4]

Does a family residence permit give the right to work?

A family residence permit is not in itself a work permit. For a foreign national to work in Türkiye, an appropriate legal basis such as a work permit or a statutory exemption must be assessed separately. On the other hand, the consequence that a valid work permit produces for residence and a family member's right to work are not the same subject. That the sponsor can work does not mean that the foreign spouse can automatically work too. [1]

Foreign nationals who plan to work need to assess the conditions under the framework of work permits and foreign personnel law separately from family residence.

Who can obtain a family residence permit?

In an application, the sponsor's status is determined first and then the family tie with the applicant. The statement "I have a relative in Türkiye" alone is not enough to show which type of permit is appropriate. The groups of persons the Law defines for family residence are narrower than the extended-family concept in social life. [1]

Person or status examinedBasic assessment for family residence
Sponsor who is a Turkish citizenMay be a sponsor for the foreign spouse and for the foreign children specified in the Law; the relevant conditions and exceptions apply separately.
Person covered by Article 28 of Law No. 5901Sponsorship is assessed with the scope and documents specified in the Law; the Blue Card (Mavi Kart) should not be confused with a foreign national's residence card.
Foreign national holding a residence permit in TürkiyeThe status of the permit, its duration and the sponsor conditions are examined.
Holder of refugee or subsidiary protection statusThe Law's special regulation and the exceptions to the sponsor conditions are taken into account.
Foreign spouse of the sponsorA legally valid marriage, age and the other application conditions are assessed.
Minor foreign child of the sponsor or of the spouseParentage, custody and, where necessary, the other parent's consent are examined.
Dependent foreign child of the sponsor or of the spouseDependency and the relevant family tie must be explained with concrete documents.

Marriage and age requirements for a spouse

The marriage between the applicant spouse and the sponsor must be legally valid and the marriage tie must be documented. The usability in Türkiye of a marriage certificate issued by foreign authorities is assessed together with the type of document, the certification or apostille regime and the Turkish translation. A wedding photograph, a photograph taken together or an engagement relationship does not replace a marriage certificate. [1][2][3]

In a family residence application the spouses are required to have reached the age of eighteen. Marriages entered into in order to obtain a permit can also be checked separately. The existence of such checking does not mean that every foreign marriage is a sham; the administrative assessment must rest on the specific case and evidence. [1]

In a child's application, the birth certificate, records showing the family tie and, where necessary, the custody decision matter. The same list of documents is not applied automatically where the child's parents are not married, are divorced, one parent lives in another country or has died. Which parent is competent on which matter, and whether the other parent's consent is required, must be made concrete. [1][2][3]

A child from the spouse's previous relationship

The Law covers not only the sponsor's own child but also the spouse's child of the kind specified in the Law. However, the spouse's residing in Türkiye does not of itself prove authority over the child in terms of custody or taking the child abroad. The child's own passport, parentage documents, custody situation and consent conditions must be checked together. [1][3]

An adult but dependent child

Not every child who has reached the age of eighteen automatically falls within family residence. If the Law's provision on dependent children is to be relied on, the nature of the dependency and the documents relating to it must be put forward. A definite conclusion of eligibility cannot be drawn in every file merely from facts such as living in the same home or regularly receiving money from a parent. A clear link should be established between the basis of the application and the medical, social or other relevant documents submitted. [1][2][3]

Mother, father, siblings and other relatives

Mothers, fathers, siblings or other relatives do not fall within the spouse-and-child scope of a family residence permit merely because of this kinship. Whether another type of residence permit suited to the purpose of stay and personal situation of these persons exists is assessed separately. Applying for the wrong type of permit instead of family residence is a legal problem different from submitting a missing document. [1]

Situations with more than one spouse

In a marriage to more than one spouse under the law of the country of which one is a citizen, a family residence permit can be granted to only one of the spouses. Children from the other spouses may be the subject of family residence within the conditions of the Law. This provision cannot be interpreted as meaning that marriage to more than one spouse is generally recognised in Türkiye or that all spouses can stay on the same permit. [1]

Conditions the sponsor must meet

The sponsor's status and the income, health insurance, housing, address and criminal record conditions are assessed separately from one another. The submission of a document does not necessarily mean that the document genuinely satisfies the condition in the Law. On the other hand, the same condition may be provable with different documents according to the sponsor's status. [1][2][3]

How the income requirement is assessed

The Law contains together the criteria that total income must not be less than the minimum wage and that the amount per person in the family, including the sponsor, must not be less than one third of the minimum wage. An assessment made only on the basis of total income or only of income per person may therefore be incomplete. The persons to be counted in the family, the source of income and the amount valid on the date of application must be determined together. [1]

Example: If we take the monthly minimum wage amount used in the relevant calculation as "A" and the number of persons as four, the total amount that satisfies the per-person criterion of A/3 is 4A/3. This example does not give the current TRY amount or a definite application result; it shows why the two conditions are examined together. The method of documenting income is also important.

The difference in documents for a sponsor who is a Turkish citizen

The current e-İkamet family residence document list states that where the sponsor is a Turkish citizen a written declaration on income is regarded as sufficient. This document facility should not be read as meaning that the income condition has been removed in its entirety. The income document a foreign sponsor will submit should not be confused with the method provided for a sponsor who is a Turkish citizen. [3]

The source and continuity of income

For wages, pension, business activity or other income, to whom the submitted document belongs, which period it covers and whether it can be verified matter. A one-off account movement and regular income are not the same thing. Instead of submitting only unrelated bank statements in response to the document the administration has requested, the legal source of the income and its connection with the applicant family should be clearly shown. [2][3]

Health insurance and family coverage

The sponsor having health insurance covering all family members is one of the statutory conditions. Possibilities such as SGK coverage, bilateral social security agreements or suitable private health insurance are assessed according to the person's status and the relevant documents. Being insured and the applicant spouse and child being actually able to benefit from that coverage are not the same question. [1][3]

The person, scope and validity dates in the policy or authorisation document must be checked. A document that does not cover the application period, is issued in the wrong person's name or does not cover the necessary family member should not be regarded as sufficient merely because "there is insurance". If an exemption or special situation is claimed, its official basis must be shown separately. [3]

Housing conditions and address registration

The sponsor is required to have housing suitable for the size of the family and to be registered in the address registration system. It is not necessary that the home be owned by the sponsor; however, the lease, ownership or another accommodation relationship must be explained with the necessary documents. If there is a contradiction between being registered at an address and actually living there, this may be investigated. [1][2][3]

A change of address, living in another province, the registration of other persons in the same home and the usability of the home for the application are separate matters. Merely writing an address on the e-İkamet form does not mean that the population and address registration procedures have been completed. For applications and notifications of change, the official procedure valid in the province to which the person is attached should be followed. [4][3]

Criminal record and offences against the family order

The sponsor is required to document by a criminal record that, as of the date of application, they have not been convicted in the last five years of any of the offences against the family order. This criterion in the Law is not a general expression producing the same automatic result for all types of offence or every investigation record. The scope of the document, from which country's authority it must be obtained and any translation/certification requirements must be checked against the current list. [1][3]

The one-year residence condition and exceptions

The Law contains a condition that the sponsor has stayed in Türkiye on a residence permit for at least one year; however, this condition has exceptions. The one-year residence condition is not required, under Article 35/2 of Law No. 6458, for holders of a residence permit for scientific research or a work permit, those covered by Article 28 of Law No. 5901 and foreign nationals married to Turkish citizens. It cannot be concluded that a sponsor who is a Turkish citizen would be asked to have stayed one year on a residence permit specific to foreign nationals. [1][2]

There is also a special regulation on the sponsor conditions for holders of refugee and subsidiary protection status: for those persons present in Türkiye, the conditions in the first paragraph of Article 35 may not be required. This statement does not mean that all conditions are automatically removed in every file. The sponsor's status and the provision to be applied must be clearly shown in the file. [1]

Documents required for a family residence permit

The preparation of documents varies according to features such as the applicant's age, the family tie, the sponsor's citizenship and status, and whether a first application or extension is made. A single general list on the internet should not be regarded as sufficient without comparing it with the list the e-İkamet system generates for the person and the relevant official explanations. The current family residence list may contain details different from older general residence brochures. [3][4]

Group of documentsMain purposeMatter to check in the file
Application form and passport or equivalent documentThe applicant's identity and type of applicationIdentity details, validity, relevant pages and signature
Biometric photographCurrent image of the applicant and, where necessary, the sponsorCurrent family list, number and biometric characteristics
Marriage and family-tie documentsProof of status as spouse or childCurrency of the records, consistency of names, translation and certification
Birth, custody, consent or death documentsExplanation of the child's representation and family situationWhich document is required and why; the parents' authority
Sponsor's identity and status documentThe condition for being a sponsorCitizenship, Blue Card, residence or another appropriate status
Income documents or applicable written declarationFinancial sufficiencyThe documentation method according to the sponsor's status
Health coverageCoverage of the family membersPersons and validity dates
Criminal record certificateChecking the conviction condition in the LawThe document's country, scope and verifiability
Address and accommodation documentsExplaining the registration and the place of actual lifeResidence address, lease/ownership/accommodation basis
Fee/charge records and, in the necessary applications, UETSProcedure and notification conditionsPerson, amount, type of payment and the correct electronic address

Passport validity and consistency of identity

In a residence permit application the validity of the passport or equivalent document is checked. The passport or equivalent document must be valid for at least sixty days longer than the period of the residence permit requested. If the passport has been renewed, the relationship of the old and new identity details to the existing residence record must be established. Inconsistencies in name, surname, date of birth or arising from transliteration between alphabets should be explained, especially in marriage and child documents. [1][3]

Number of photographs: the current family list should be taken as the basis

The current e-İkamet family residence document list, accessed on 28 October 2026, specifies two biometric photographs for the applicant and one for the sponsor. Because some older general documents contain different numbers, it is important that the application be prepared with the current list. The person-specific list obtained from the system and the official notice concerning the appointment should be checked. [3]

Apostille, certification and translation in foreign documents

For a marriage, birth, custody, death or criminal record document issued in a foreign country to be usable in Türkiye, the verification method to be applied must be determined. An apostille is not a general guarantee that the whole material content of the document is true; it is assessed in its function of certifying the relevant official signature and the authority to issue the document. If the apostille regime does not apply, the necessary consular or other chain of certification is investigated. [2][3]

A Turkish translation and notarial procedures do not automatically take the place of the need for certification of the original document. A different practice may exist because of an international convention or a multilingual document. One should therefore not proceed on the basis of general lists such as "every document from abroad is only translated" or "all documents necessarily have the same certification sequence". [3]

The guide on powers of attorney, consulate and apostille procedures can also be consulted for representation and the preparation of foreign documents.

Identifying the missing document correctly in a child's application

A custody decision and the other parent's consent are not the same document. For which procedure a foreign custody decision will be used in Türkiye, the finalisation of the decision and, where necessary, matters such as recognition must be examined separately. In the event of a parent's death, a death certificate; where parentage has not been established or is disputed, different family-law documents may come into play. The absence of one document should not be regarded as remedied by an unrelated other document. [2][3]

How is a family residence permit application made?

The application process is carried out by selecting the type of application through the official e-İkamet system, entering the information, preparing the person-specific documents and procedures at the competent provincial migration administration. The roles of the applicant and the sponsor should be kept distinct. Handling a procedure for one family does not mean that a single form or a single card will be issued in the name of all persons. [4][3]

Distinguish first application, extension and transition

A first application, an extension of the existing permit and a transition from another type of residence to family residence are different procedural options. Choosing the wrong type is not only a typing mistake in a heading; it can affect the documents required, the scope of the review and the application flow. The current permit, period of stay, date of marriage and the person's location should be assessed together to determine the correct procedure. [1][2][4]

Enter information by comparing it with the documents

Name, surname, nationality, passport number, family situation and address details must be consistent with the documents. The telephone or e-mail details of the sponsor and the applicant should not be mixed up. The system record, appointment details and application number should be kept; notifications of deficiencies or additional documents should be followed. That a representative prepares the application does not remove the applicant's need to check their own information. [4][3]

Appointment, original documents and procedures to be done in person

Copies in the application file are compared with the original documents where necessary. Matters such as the sponsor's presence, procedures to be done in person by the applicant or the child, and the taking of biometric data should be planned according to the current official procedure. The current family document list requires the sponsor to be present at the application. Conducting the procedure through a lawyer does not mean that all procedures the Law requires the person to perform themselves are removed. The Regulation provides that fingerprints are not taken from children under twelve in visa and residence applications. [2][3][4]

The option of submitting the file through a notary

The current explanation of YİMER also states that the file may be submitted to a notary in the province of application before the appointment date. This is an optional route for transmitting the file; the notary does not decide on the permit. It should not be thought that every applicant is required to go to a notary or that the need for personal procedures is removed in every case. The current procedure suited to the type of application should be followed. [10]

UETS and following notifications

UETS is the National Electronic Notification System. Under current official practice, a document relating to the electronic notification address is requested in extension and transition applications; it has been explained that a separate UETS address is not sought for those under eighteen. This practice should not be extended as though the same condition applied to all first applications. The current document list suited to the type of application should be checked. [5][3]

Creating an electronic address requires the incoming notifications to be checked regularly. An information SMS, an e-mail, the postal status of the card and a legal notification are not the same thing. Under Law No. 7201, electronic notification is deemed made at the end of the fifth day following the date on which it reaches the electronic address. The failure of an SMS or e-mail notification to arrive, or its late arrival, does not remove this result. In the time-limit calculation the UETS records and the relevant date of notification should be taken as the basis. [9][8]

Details on following notifications are addressed in the guide on UETS, notification and application tracking.

Fee and card charge

The residence permit fee and the residence document/card charge are different items. The amounts and exemptions may vary according to nationality, permit period, reciprocity and the relevant regulations. Private health insurance, translation, notary and document certification costs are also separate from these public payments. It is therefore not correct to announce a single total fee for all families. The official account and payment channel on the day of application should be taken as the basis. [3][4]

In the Presidency of Migration Management's 2026 table the residence permit document/card charge is announced as TRY 964. This is only the document charge; it is not the total of the residence fee calculated according to nationality and period, any visa fee and other costs. Whether a fee exemption produces the same result for the card charge should be checked separately. [11][3]

Waiting after the application, missing documents and travel

Missing documents are not in every case a direct rejection

Where missing or supplementary information and documents are requested in an application, the Regulation provides that they be submitted within thirty days from the date of notification. The removal of an incomplete application from the docket and the rejection of an application because the necessary substantive conditions are not satisfied are not the same act. The name of the document requested, the date of notification, the period given and the record showing that the document was delivered should be kept. [2]

For example, completing the document for an existing insurance that is missing and renewing a policy that does not cover the applicant are different needs. The deficiency should not be assumed to have been remedied; it should be checked whether the document submitted answers the matter requested. A document or statement contrary to the truth, on the other hand, cannot be treated as a simple missing-document problem. [3][2]

How long does an application take to be decided?

The Law provides that applications be concluded within ninety days at the latest. The Regulation explains that this period starts from the date on which the information and documents are fully delivered to the competent authority. Calculating the period only from the day the online form was opened may therefore not be correct. If the period is prolonged, it is provided that the foreign national be informed. [1][2][4]

The passing of ninety days does not mean that the application is automatically approved or that the card will necessarily be sent. The assessment of the application, the notification of the decision and the printing and delivery of the card are different stages. For a file that is prolonged, official follow-up should be made on the basis of the application record, the notice of deficiency and the date of completion. [2][4]

The application certificate and leaving the country

A residence permit application certificate approved by the provincial migration administration is not the same document as the printout of the online form. The application must be properly completed and the relevant document issued. With which document and for how long the applicant may stay in Türkiye while the procedure continues should be assessed on the basis of the current permit and the application certificate. [2][4]

There is a provision for benefiting from visa exemption where a person leaves the country with an approved application certificate and the necessary proof of fee/payment, provided that it is within the period of the residence permit requested and the person returns within fifteen days after each exit. For a stay longer than fifteen days the visa provisions apply. This facility does not mean that other conditions, such as the passport or an existing entry ban, are unimportant; the person's documents and the file situation should be checked before travel. [2][4]

Permit duration, extension and notifications

For how many years is a family residence permit granted?

A family residence permit may be issued for a period not exceeding three years each time. This does not mean that every applicant will necessarily be given a three-year permit. The duration of family residence cannot exceed the duration of the sponsor's residence permit; the passport and the other relevant conditions are also assessed together with the period requested. The date seen on an application or card should not be inferred from the period of another family member. [1]

When is an extension application made?

An extension application should be made starting from sixty days before the permit period expires and in any case before the period expires. Experiencing a document, system or payment problem in procedures left to the last day does not mean that the period is extended of its own accord. If a late application or a violation of stay has arisen, the specific administrative situation must be assessed separately instead of the general extension flow. [1][4]

In an extension, the continuation of the family tie and the sponsor conditions is examined again. A document accepted in the previous application will not produce the same result in a new application if it has expired or no longer shows the present situation. The effect on the file of changes in the sponsor's job, permit, address or family structure should be checked. [1][2][3]

Changes in address and family circumstances

Changes in address, marital status, passport or the sponsor's status must be reflected in the relevant administrative records. The Regulation provides twenty-business-day notification periods for certain changes in address and in identity and family status; which change is to be notified to which authority must be checked separately. Changing the contact details in the application screen and updating the population/address registration are not the same act. In cases requiring a change of province or transition to another type of residence, the procedure must be carried out through the competent authority and the current procedure. [2][4]

The effect of the child's education and age

A family residence permit provides a right to education in primary and secondary schools up to the age of eighteen without obtaining a separate student residence permit. This provision is not an unlimited exception for all types of education and every age. Where the child reaches eighteen, dependency continues or higher education begins, the appropriate type of residence must be examined separately. [1]

While education and the change in age are assessed together, the transition options between family and student residence can also be examined.

Application for a foreign child born in Türkiye

For a foreign child born in Türkiye, an application for the appropriate residence permit must be made within one hundred and eighty days at the latest from birth. The child's citizenship, the parents' status, the birth record and passport procedures should be planned together. A birth certificate is not in itself a travel document for leaving or returning to the country. A child who is a Turkish citizen, on the other hand, is not subject to a residence permit specific to foreign nationals. [2][10][6]

If the ground for residence changes

If the reason for which the current permit was granted has ended, the Regulation provides for an application within ten days for a permit suited to the new purpose of stay. If a new purpose has also arisen while the old reason continues, there is no obligation in every case to wait for the last sixty days to transition to the new type. Transition to family residence and transition from family residence to another permit should be assessed together with this change, independently of the expiry date of the existing card. [2]

The effect of a long stay abroad

The effect of a long stay abroad should be examined together with the continuation of the purpose of the permit and the specific administrative act. While the earlier direct one-hundred-and-eighty-day provision in Article 36 of the Law has been removed, the text of the Regulation contains a provision on long stays other than for compulsory public service, duty, education or health reasons; the Law leaves the procedures and principles in this field to the Regulation. For this reason, neither an automatic cancellation result in every case nor an unlimited right to stay abroad should be asserted on the basis of the number of days alone. The subject of cancellation of the permit and the calculation of whether residence was interrupted in other applications are also separate from one another. [1][2]

What happens in the event of divorce, violence and death?

Transition to short-term residence after divorce

In the event of the divorce of a foreign national married to a Turkish citizen, a short-term residence permit may be granted on condition that they have stayed at least three years on a family residence permit. In this provision of the Law, both the scope of marriage to a Turkish citizen and the time spent on family residence matter. "Remaining married for three years" and "staying three years on a family residence permit" are not the same expression in this transition provision. The transition does not occur automatically; the relevant application must be made. [1]

The exception to the three-year condition in domestic violence

If the foreign spouse's being a victim of domestic violence is established by a court decision, the three-year period condition is not required for the transition to short-term residence. This special provision should not be reduced to the mere existence of a divorce or a general allegation of dispute. The court decision, the need for protection and the person's residence file should be assessed together. [1]

In victimisation by violence, protective and preventive measures and residence procedures are different legal processes. Anxiety over residence should not delay the assessment of the person's safety and existing protection orders. The connection of the documents in the relevant family and criminal files with the residence application should be clearly established.

Death of the sponsor

In the event of the sponsor's death, those staying on a family residence permit dependent on that person may be granted a short-term residence permit without a period condition. The death record, the basis of the existing family residence and the other application conditions must be shown in the file. Death does not make the existing card valid indefinitely or automatically convert it to another permit. [1]

Transition possibility for a child who comes of age

Persons who have stayed in Türkiye at least three years on a family residence permit may, if they request it after completing the age of eighteen, transition to a short-term residence permit. This provision is different from the question of whether an adult child may remain in family residence as a dependent child. Current education, work or other purposes of residence may also matter in determining the appropriate type of permit. [1]

Why is a family residence permit rejected or cancelled?

Statutory grounds such as the conditions required by the Law not being met or ceasing to exist, use outside the purpose within the scope of the permit, and the existence of a valid deportation or entry ban decision may come into play in the assessment of rejection, cancellation or non-extension. Without seeing the type of application and the person's situation, it should not be assumed that all negative decisions rest on the same reasoning. [1]

Distinguishing a missing condition from a missing document

For example, not satisfying the income condition and the absence from the file of an appropriate document proving income are not the same problem. In the second, how the existing income is to be documented is the issue; in the first, whether the condition is actually satisfied is discussed. A similar distinction applies to documents showing health insurance, address registration and the family tie. [1][2][3]

The allegation that the marriage was entered into solely for a permit

Where there is reasonable suspicion, whether the marriage was entered into solely to obtain family residence may be investigated. Checking after the permit has been granted is also possible. However, instead of drawing an automatic rejection result in every file from facts such as being foreign, an age difference, a short marriage or a single observation of the address, the scope of the specific investigation and the data obtained should be examined. [1][2]

The importance of concrete investigation in a Council of State decision

In its decision of 10 June 2021, E.2016/2192, K.2021/3234, the 10th Chamber of the Council of State (Danıştay 10. Dairesi) required that the allegation that a marriage was entered into for a permit be established with concrete information and documents. It upheld the annulment of a family residence rejection act that had been made without sufficient investigation of the explanation that the spouses lived in different places in the summer and winter months. This decision does not constitute a general rule requiring a permit to be granted in every address dispute; it shows that the investigation and reasoning must be built specifically for the file. [13]

Acts tied to deportation or an entry ban

A deportation or entry ban decision relied on for cancelling family residence must be examined with its own legal effects and routes of recourse. In the decision of the 10th Chamber of the Council of State of 6 October 2021, E.2016/2078, K.2021/4589, the judgment finding the cancellation of family residence tied to a finalised deportation act lawful was upheld by majority. Focusing only on the residence cancellation and overlooking the underlying act and its special time limit for suit can prevent the whole dispute from being assessed. [14]

Can one reapply after rejection?

Under the Regulation, if a new residence application is to be made within six months after rejection or cancellation, a new ground for the request is required. This provision is not an absolute ban that no application can be made for six months. The genuineness of the new ground, the appropriate type of permit and the current status of stay are assessed separately. Making a reapplication also does not cause the time limit for suit against the earlier decision to restart of its own accord. [2][7]

Family life and the best interests of the child

The existence of a family tie is not an unlimited right that makes the grant of a permit mandatory in every case. On the other hand, the effects on family life, the child's situation and the characteristics of the specific case must not be disregarded in the administrative act. The family members' citizenships, the length of living together, the children's education and care, the consequences of separation and the reasons relied on by the administration are assessed together. [1]

An example where the situation of the family and the child was not investigated

In its decision of 15 March 2022, App. No: 2018/29906, the Constitutional Court (Anayasa Mahkemesi) examined the deportation of a parent holding a family residence permit for unauthorised work. It decided that the right to respect for family life had been violated because the long marriage, the child studying in Türkiye and the effects on family life had not been sufficiently assessed. The decision does not concern the grant of family residence; it requires the deportation act to be assessed together with the specific family circumstances. Family residence does not replace the work permit that is separately required. [15]

An example where no violation of family life was found

The Constitutional Court's decision of 7 March 2024, App. No: 2020/6545, on the other hand, concerns the rejection of the separate humanitarian residence request of a person whose family residence was not renewed. The Court found no violation, assessing that the family continued to live together, that there was no deportation decision, that no application against the underlying restriction act had been shown, and that personal hardship had not been made concrete. Family ties do not automatically take the place of the conditions of each type of residence. This result also does not mean that every restriction record is lawful. [16]

When these decisions are assessed together, the importance appears of documenting, besides stating the existence of the family tie, the concrete effects of the act on the family and the explanations against the reasons on which the administration relies. This is an assessment drawn from the decisions; it is not a formula that provides the same result in every file.

The first step is to obtain the full text of the decision and the notification record. The status on the application tracking screen, an oral explanation or the card not arriving may not by themselves show the whole act that is the subject of the case and the start of the time limit. Each of the rejection, cancellation, non-extension and deportation decisions must be determined with its own legal basis. [1][7]

The annulment action and the calculation of the time limit

Against the rejection, cancellation or non-extension of a family residence permit, to the extent that there is no special time-limit regulation, the general time limit for filing suit is sixty days. The period starts from the day following written notification. In electronic notification, the legal date of notification should not be confused with the date on which the message was seen. The competent administrative court is determined according to the administrative authority that issued the act that is the subject of the case and the relevant procedural provisions. [7][9]

In a separate deportation decision the time limit is seven days. The sixty-day period of a family residence rejection case does not apply to this decision. If more than one decision has been notified to the same person, the date, subject and route of recourse of each act should be recorded separately. The special procedural regime in Article 53/3 of the current Law No. 6458 should be taken as the basis. [1]

Act or stageBasic period/effectMatter not to be confused
Family residence rejection, cancellation or non-extension caseIn general 60 daysIt is not permission to stay in Türkiye for 60 more days.
A proper application under İYUK Art. 11Suspends the time limit for suit; implied rejection after 30 days without a replyIt does not give a fresh 60 days; the elapsed time is taken into account.
Case against a separate deportation decision7 days from notificationIt is not the same act or period as the family residence case.
Request for a stay of executionA court decision and statutory conditions are requiredMerely requesting it in the petition does not stay the act.

How does an application to the administration affect the time limit for suit?

An application under Article 11 of İYUK must be made within the time limit for suit to the superior authority or, if there is no superior authority, to the authority that issued the act, and must contain, in accordance with the relevant procedure, a request for the withdrawal, reversal or amendment of the act or for a new act. Such an application suspends the running time limit for suit. If no reply is given within thirty days, a rejection arises; after an express or implied rejection the remaining period runs, taking into account the time that elapsed earlier. [7]

This route is, in general, not an objection that must be exhausted before bringing an action. It should not be assumed that every telephone call, request for information, CİMER or YİMER query automatically suspends the time limit for suit. The content of the application, the authority to which it was made and its date should be determined. One should not act on the idea that the period is continually renewed by repeated applications. [7]

Does filing a case automatically secure the right to stay?

Filing a case against the rejection or cancellation of family residence does not in itself stay the execution of the act. For a stay of execution under Article 27 of İYUK, the act's manifest unlawfulness and the condition that damage difficult or impossible to remedy would arise if it were implemented are assessed together. Including this request in the petition and the court's issuing a protective decision are different stages. [7]

The sixty-day time limit for suit cannot be read as a right to stay in Türkiye for sixty more days. The Regulation provides for a document that can allow a stay of up to ten days after rejection or non-extension. In the specific file, the notified decision, the obligation to leave, any other valid status and protective court decisions should be checked together. [2][1]

In a separate deportation decision, however, the special provision of Article 53/3 of Law No. 6458 applies: within the time limit for suit and, once judicial recourse is made, until the proceedings are concluded, deportation is not carried out, subject to the person's consent. The fact that an action has been filed must be notified to the authority that gave the decision. This protection cannot be described as the general effect of a family residence rejection case; nor does it create a new residence card or work permit. [1]

The guide on the rejection of a residence permit and the annulment action contains complementary information on preparing the case and requesting a protective decision.

The outcome of the court decision

The administration is obliged to carry out the requirements of the court's decisions on the merits and on stay of execution without delay and in any case within thirty days from the notification of the decision to it. Resorting to a legal remedy does not in itself stay the execution of the decision; it cannot be said that, as a general rule, finalisation must be awaited. The operative part and reasoning of the decision, and any later decision on stay of execution, are examined together. [7]

It cannot be concluded from the annulment of a rejection act that a three-year card will in every case be issued directly. The act the administration establishes must be in conformity with the binding reasoning of the court decision. Separate legal problems may arise if the decision is not implemented or a new act is established on a different reasoning. [7]

An appeal on the merits (istinaf) and an appeal on points of law (temyiz) are not the same application

An appeal on the merits (istinaf) against an administrative court decision is considered within the statutory conditions and, as a rule, within a thirty-day period from notification. However, it cannot be said that every family residence dispute has an appeal to the Council of State after the istinaf decision. The provision of İYUK Art. 46/2, introduced by Law No. 7589, which entered into force on 31 July 2026, excludes disputes arising from the application of Law No. 6458 from this new scope of appeal on points of law. The type and date of the decision and the notice of the route of recourse should be examined together with the current provisions. [7][12]

Does a family residence permit confer Turkish citizenship?

A family residence permit does not of itself confer Turkish citizenship. In a citizenship application through marriage to a Turkish citizen, under Article 16 of Law No. 5901, the condition of having been married to a Turkish citizen for at least three years and of the marriage continuing is required. The other statutory conditions, such as living in family unity, not engaging in activity incompatible with the marital union and there being no obstacle in terms of national security and public order, are also assessed. [6]

The three years here cannot be written directly as a requirement of "staying three years in Türkiye on a family residence permit". The length of marriage and the time spent on a particular type of residence are different criteria. Moreover, being able to apply for citizenship does not mean that the application will necessarily be accepted. [6]

A citizenship application made while the marriage continues, and death

If the Turkish-citizen spouse dies after the application, the Law contains a special provision on the condition of living in family unity. This citizenship provision should not be confused with the rule on transition to a short-term permit on the death of the sponsor in family residence. The two procedures run on different administrative files and conditions. [6][1]

Planning residence, work and citizenship files together

Making a citizenship application does not mean that residence or work procedures in progress end of their own accord. The person's current bases of stay and work, their expiry dates and the stage in the citizenship file should be followed together. Keeping a separate document, time limit and decision record for each procedure reduces the risk of loss of rights. [1][6]

For the separate conditions of the citizenship file, the page on Turkish citizenship applications can be consulted.

A document plan for the application and case file

Effective preparation is not merely increasing the number of documents. It should be examined which condition each document proves and whether the information in different records confirms one another. The plan below makes concrete the assessment of an application or rejection file with a lawyer.

Heading of reviewRecords to prepareBasic question to answer
Identity and lawful stayPassports, visas, current/old permits, entry-exit recordsWhich person is in Türkiye with which status and for what period?
Family tieMarriage, birth, custody, consent and, where necessary, death documentsDoes the applicant fall within the spouse or child scope of the Law?
Sponsor conditionsIdentity/status, income, health, address and criminal record documentsHas each condition been explained with the right document and a valid period?
Application processForm, application number, appointment, notices of deficiency, delivery and payment recordsWhich document was submitted when, and which procedure has been completed?
Negative decisionThe full decision, reasoning, notification and any separate deportation/entry ban actWhat is the act that is the subject of the case and the start of the time limit?
Effect on family lifeDocuments of living together, the child's care/education and, where necessary, healthHow is the concrete effect of the act on the family shown?
Routes of recourseAdministrative applications, petitions, interim decisions and court decisionsAre the time limits and the acts that differ from one another being followed correctly?

Documents should be arranged in chronological order; differences in identity or marital status should be shown with short explanations. Which of the deficiencies is an obtainable document and which is a problem of legal status or condition should be separated. In a lawyer's review, which of completing the application, changing the type of permit, an administrative application, an annulment action or a request for a stay of execution is appropriate is determined according to the specific file.

Conclusion

A correct assessment of a family residence permit takes together, besides the family tie, the sponsor's status, the applicant's personal conditions and the legal value of the documents. The situations of a spouse, a minor child and a dependent child, and first application, extension and transition procedures, should be separated from one another. The maximum permit period of three years, the period condition for transition after divorce and the length of marriage required for citizenship through marriage are different regulations.

In preparing an application, the current person-specific document list, the existing period of stay and official notifications should be taken as the basis. In a negative decision, the full text of the decision, its notification and its specific reasoning should be examined; the effects on family life and the reasons relied on by the administration should be compared on the basis of documents. It should not be assumed that applications against a family residence rejection and against a deportation act have the same time limit and the same legal effect.

Frequently Asked Questions

Are a family residence permit and a family oturma permit the same thing?

Yes. The permit called a family oturma permit in everyday use is the family residence permit in Law No. 6458. The Law contains separate conditions for the sponsor and for the applicant family member. Not every kinship relationship falls within this permit. [1]

Is a residence permit obtained automatically on marrying a Turkish citizen?

No. Marriage may be the basis for the family tie in the application; however, a valid application, the sponsor conditions and the applicant's personal conditions are examined separately. A marriage certificate is not in itself a residence card or a work permit. [1]

Can a fiancé(e) or an unmarried partner obtain family residence?

Without the legally valid marriage tie that the Law requires within the spouse scope, the same result cannot be obtained by relying merely on an engagement or a cohabitation relationship. Whether another type of residence suited to the person's situation exists is assessed separately. [1][2]

Must both spouses have reached the age of eighteen?

Yes. For family residence the spouses are required to have reached eighteen. The existence of a marriage record in a foreign country does not remove the separate examination of this application condition in Türkiye. [1]

Can a Blue Card holder be a sponsor?

Persons covered by Article 28 of Law No. 5901 are among the sponsor groups for family residence. The person's status and the family tie must be documented. The Blue Card and the residence permit card issued to foreign nationals are different documents. [1][6]

Can a family residence permit be obtained for a mother, father or sibling?

This kinship tie alone is not sufficient to fall within the spouse and child scope of family residence. Another type of permit may be assessed separately in terms of the applicant's purpose, age, health or other personal conditions. [1]

Can my spouse's child from a previous marriage apply?

They can apply if they fall within the scope of a minor or dependent foreign child in the Law. Parentage, custody and, where necessary, the other parent's consent must be documented separately. The spouse's holding a residence permit does not on its own solve the child's problem of representation. [1][3]

Is family residence possible for a child over eighteen?

It can be assessed if the conditions of the provision on dependent foreign children are met. Not every adult child falls within the scope automatically. The basis of the dependency and the relevant documents should be made concrete; residence options for education or other purposes should also be examined separately. [1][2]

Must the sponsor necessarily have resided in Türkiye for one year?

There are statutory exceptions to the one-year residence condition. This condition cannot be applied in the same way to all families without seeing the sponsor's citizenship, status, work permit and other special circumstances. A claim of exception must be shown with the appropriate document. [1][2]

Is only total income looked at in the income condition?

No. The criteria that total income must not be less than the minimum wage and that one third of the minimum wage per person is met are assessed together. For a sponsor who is a Turkish citizen, the written-declaration facility in the current document list should not be confused with the complete removal of the condition. [1][3]

Must the home be registered in the sponsor's name?

Home ownership is not the only option. Suitable housing conditions, the legal basis of the accommodation and the address registration must be shown. The lease or other accommodation documents are prepared according to the person-specific official list. [1][3]

How many biometric photographs are required in the application?

The current family residence list, accessed on 28 October 2026, includes two biometric photographs for the applicant and one for the sponsor. Older general lists should not be relied on; the current list tied to the person's application form and the official notice should be checked. [3]

Is a Turkish translation alone sufficient for a foreign marriage certificate?

Not in every case. The country in which the document was issued, its type, the applicable conventions and the apostille or certification regime are examined. The translation procedure does not of itself meet the verification required for the original document. [2][3]

Does filling in the e-İkamet form mean the application is complete?

Not by itself. The appointment, the submission of documents, any biometric procedure and the other necessary stages must be followed. The legal effects of the online form and of a properly issued residence permit application certificate should not be confused. [4][2]

Is UETS needed for a family residence application?

Under current practice, a UETS document is requested in extension and transition applications; it has been explained that a separate UETS address is not sought for those under eighteen. One should not proceed as though the same condition applied to all first applications; the current personal list should be checked. [5][3]

For how many years is a family residence permit granted?

It may be granted for a period not exceeding three years each time. Three years is not an automatic right. The duration of the family permit cannot exceed the duration of the sponsor's residence permit; the passport and the other relevant conditions are also taken into account. [1]

Is an application necessarily approved in ninety days?

No. The ninety-day assessment provision is not a guarantee of approval. It matters that the information and documents were complete at the start of the period; in the event of delay or further review, the file should be followed officially. Silence is not treated automatically as a favourable decision. [1][2]

If documents are missing, is the application rejected outright?

A deficiency should be distinguished from a statutory condition not being met. The Regulation provides that missing information and documents are to be completed within thirty days from the date of notification; if they are not completed, removal from the docket comes into play. The date of notification and which document was requested matter. [2]

When should an extension application be made?

It should be made starting from sixty days before the permit ends and in any case before the permit expires. Having a current permit does not mean that the extension will be accepted automatically; the continuation of the family tie and the other conditions is examined. [1][4]

Can one leave the country while waiting for the application?

For travel with an application certificate, the proper issue of the certificate, the necessary fee records and the official conditions matter. The fifteen-day return provision is not an unlimited right to travel for every online form. The specific documents and entry conditions should be verified before travel. [2][4]

When is an application made for a foreign baby born in Türkiye?

The provision that an application for the child's appropriate residence status be made within one hundred and eighty days from birth should be taken into account. A birth certificate is not a travel document. The child's citizenship, the parents' status and the necessary passport procedures are determined separately. [2][10]

In the event of divorce, does one continue to stay on the family residence permit?

The effect of the divorce on the basis of the permit should be examined and an appropriate transition application made. For a foreign national married to a Turkish citizen there is a provision for transition to short-term residence conditional on having stayed at least three years on family residence. The permit does not continue indefinitely of its own accord. [1]

Is the three-year condition required for a spouse who is a victim of domestic violence?

In the transition of a foreign national married to a Turkish citizen to short-term residence after divorce, the three-year period condition is not required if victimisation by domestic violence is established by a court decision. Residence procedures and protective measures aimed at the person's safety should be addressed together but as separate legal processes. [1]

To which permit can family members transition if the sponsor dies?

Those staying on family residence dependent on the sponsor may, in the event of death, be granted a short-term residence permit without a period condition. The relevant application and documents are still required. Death does not cause the existing card to convert automatically into another type of permit. [1]

What is examined in an allegation of a marriage of convenience?

The administration must explain the reasonable suspicion and the allegation that the marriage was entered into solely for a permit with concrete investigation and data. The applicant's explanations and documents about family life must also be assessed. Not every difference in address on its own produces the same legal result. [1][2][13]

What is the time limit for suit against the rejection of family residence?

In a family residence rejection act with no special period, the general time limit for an annulment action is sixty days, calculated from the day following written notification. This period is not a period of lawful stay in Türkiye. If there is a separate deportation decision, its special seven-day time limit for suit must also be observed separately. [7][1]

Does applying to the administration again restart the time limit for suit in every case?

No. A timely application to the appropriate authority under İYUK 11 may suspend the running time limit for suit; it does not erase the time that has elapsed. The implied rejection in the event of thirty days without a reply and the calculation of the remaining period must be done separately. Not every petition or telephone call produces the same effect. [7]

Does filing an annulment action automatically extend the right to stay in Türkiye?

No. Filing a case for the annulment of a residence act does not in itself stay execution or create a new residence permit. The conditions for a stay of execution are assessed separately. It should not be confused with the different effect of a deportation case under the Law. [7][1]

Can no application at all be made for six months after rejection?

Such a general ban cannot be established. The Regulation requires a new ground for requesting a residence permit in a reapplication within six months after rejection or cancellation. The repetition of the earlier ground and the emergence of a new and suitable reason for application are assessed separately. [2]

Does living three years on family residence confer citizenship?

No. In citizenship through marriage, the three years is the length of marriage to a Turkish citizen; the continuation of the marriage and the other statutory conditions are also required. Family residence alone does not provide citizenship. A citizenship application and residence follow-up are different procedures. [6]

Can a foreign national holding a family residence permit work?

Family residence is not in itself a work permit. A work permit or an appropriate statutory exemption must be assessed separately. The sponsor's working does not mean that the foreign spouse also automatically has a right to work. [1]

With which documents should one prepare for a meeting with a lawyer?

The passport and existing permits, family tie documents, records relating to the sponsor, and the application and notices of deficiency should be prepared. If there has been a rejection, the full text of the decision and the notification take priority. If there is also a deportation or entry ban decision, it should be shown separately. If not all the documents are ready yet, the deficiencies can be identified through a review of the file.

Sources

  1. Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu) — consolidated official text. In particular Art. 21–28 and 34–37; for deportation Art. 53–54. Current consolidated text. Accessed: 28 October 2026. Official source.
  2. Regulation on the Implementation of the Law on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanununun Uygulanmasına İlişkin Yönetmelik). 17 March 2016, Official Gazette No. 29656. In particular Art. 21–26, 30–34 and 124; assessed together with subsequent amendments to the Law. Accessed: 28 October 2026. Official source.
  3. e-İkamet — Documents Requested in Family Residence Permit Applications (tur=3, current Turkish printout). Turkish family residence application list accessed on 28 October 2026, 5 pages. Applicant/sponsor documents and information section. Accessed: 28 October 2026. Official source.
  4. Presidency of Migration Management (Göç İdaresi Başkanlığı) — General Information on Residence (İkamet Genel Bilgiler). e-İkamet, first/extension/transition applications, assessment period and application certificate explanations. Accessed: 28 October 2026. Official source.
  5. Presidency of Migration Management — UETS announcement. Announcement of the electronic notification address in extension and transition applications as of 15 April 2024. Accessed: 28 October 2026. Official source.
  6. Turkish Citizenship Law No. 5901 — consolidated official text. In particular Art. 16 and 28; current consolidated text. Accessed: 28 October 2026. Official source.
  7. Administrative Procedure Law No. 2577 (İdari Yargılama Usulü Kanunu, İYUK) — consolidated official text. In particular Art. 7–8, 11, 27–28, 32, 45–46 and 52; current consolidated text. Accessed: 28 October 2026. Official source.
  8. Electronic Notification Regulation (Elektronik Tebligat Yönetmeliği) — official PDF of the Ministry of Justice. 6 December 2018, Official Gazette No. 30617. In particular Art. 9/6 and 10/3. Accessed: 28 October 2026. Official source.
  9. Law No. 7201 on Notification (Tebligat Kanunu) — official consolidated PDF. In particular Art. 7/a; current consolidated text. Accessed: 28 October 2026. Official source.
  10. YİMER157 — Current Frequently Asked Questions. Current explanations on the residence application, transmission of the file through a notary and foreign children born in Türkiye. Accessed: 28 October 2026. Official source.
  11. Presidency of Migration Management — 2026 residence permit document charge and fee amounts. As of 1 January 2026 the residence permit document charge is TRY 964; the residence fee is assessed separately. Accessed: 28 October 2026. Official source.
  12. Law No. 7589 Amending Certain Laws (Bazı Kanunlarda Değişiklik Yapılmasına Dair Kanun) — TBMM adopted text. Art. 6 and provisional Art. 1/3 on the amendment of İYUK Art. 46; entry into force on 31 July 2026 and scope of application. Accessed: 28 October 2026. Official source.
  13. Council of State 10th Chamber (Danıştay 10. Dairesi), 10 June 2021, E.2016/2192, K.2021/3234. Sections on Legal Assessment and Outcome of the Decision. Accessed: 28 October 2026. Official decision.
  14. Council of State 10th Chamber, 6 October 2021, E.2016/2078, K.2021/4589. Majority decision; sections on Legal Assessment and Outcome of the Decision. Accessed: 28 October 2026. Official decision.
  15. Constitutional Court (Anayasa Mahkemesi), 15 March 2022, App. No: 2018/29906, in particular §§67–76 and 79–80. Deportation act and the right to respect for family life. Accessed: 28 October 2026. Official decision.
  16. Constitutional Court, 7 March 2024, App. No: 2020/6545, in particular §§24 and 26–37. Rejection of a humanitarian residence request and family life. Accessed: 28 October 2026. Official decision.

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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