what is a family residance permit and how to apply

Another application that gives foreign citizens the right to stay in Turkey even after their visa expires is the family residence permit. A family residence permit is a residence permit that individuals are entitled to depending on a supportive person.

With a family residence permit, the spouse and children of Turkish citizens, blue card holders or persons who are already in Turkey with a residence permit can be in Turkey.

There are a number of conditions that people who want to obtain a family residence permit must meet. So what are the requirements for a family residence permit? How to apply for a family residence permit? All details about the family residence permit are in this guiding article prepared by our expert lawyer team.

What is a Family Residence Permit?

Family residence permit is a right granted to family members (spouse and children) of Turkish citizens, blue card holders or persons with another residence permit to reside in Turkey for a certain period of time.

In order to obtain a family residence permit, individuals must meet certain conditions and fulfill certain requirements.

Who can get a Family Residence Permit?

The family residence permit aims to ensure that people who are legally in Turkey are not separated from their foreign spouses and children. Accordingly, the foreigner who is in Turkey:

  • Spouse
  • Minor or dependent children
  • Children who are his/her spouse’s but not his/her own
  • The family can benefit from a residence permit if they meet the necessary conditions

What are the Requirements for Applying for a Family Residence Permit?

People who wish to apply for a family residence permit must first have a family member legally present in Turkey. In addition, people can apply for a family residence permit if they meet the following conditions

  • The total income of the family must not be less than the minimum wage and the amount per person must not be less than one third of the minimum wage.
  • All family members must have valid health insurance.
  • The family’s housing conditions must meet the family’s population and general health and safety standards.
  • No offenses against family order must have been committed within the last five years as of the date of application.

On the other hand, the sponsor must be registered in the address registration system and applicants must prove their family ties to the sponsor.

How to Apply for a Family Residence Permit?

Family residence permits are obtained by first filling out the online application form. After this step is completed, the applicant should go to the immigration office with the requested documents in line with the appointment made. The presence of the supporting person and the applicants will be requested at the interview.

A minor mistake or deficiency in the application for a family residence permit may cause the application to be rejected and the person to lose his/her rights. For this reason, we strongly recommend that applicants make their applications by a specialized lawyer.

Which Documents are Required for Family Residence Permit Application?

The first question that comes to the minds of people who are considering applying for a family residence permit is “What are the documents required for a family residence permit?”. Accordingly, individuals should have the following documents ready for family residence permit applications:

  • Residence permit application form (It is prepared by the system after online application and must be printed out)
  • Passport or a substitute document
  • Biometric photo
  • Documents proving marriage
  • Certificate of custody for the child if the parents are divorced
  • Death certificate in case of death of one of the parents
  • ID card/passport of the supporting person
  • Certified or e-signed document showing the sponsor’s financial situation
  • Criminal record of the supporting person
  • Health insurance covering the whole family
  • Proof of registration in the address registration system or proof of residence
  • Document showing the place to stay

Rejection of a Family Residence Permit Application

The law regulates that the application may be rejected, the residence permit may be revoked or the extension application may be rejected if the sponsor or the applicant does not meet the required conditions or if the conditions are no longer met.

In line with these reasons, the residence permit application may be rejected or the decision of the competent authority may be erroneous. In this case, applicants may request the annulment of the rejection of their residence permit applications through judicial remedies.

See Also Residence Permit Denial

Cancellation Case Against the Rejection of a Family Residence Permit Application

Upon the rejection of the family residence permit application, the applicant may request the annulment of the decision through a judicial remedy due to the unlawfulness of the decision. The duration of the lawsuit is 60 days after the decision-making authority notifies the person concerned or his/her lawyer of the decision.

During the litigation process, the unlawfulness of the decision should be explained in detail and with justifications and the decision should be annulled. If the court decides that the decision is unlawful, the application must be re-evaluated.

It is of utmost importance for applicants to have the support of an experienced lawyer in the lawsuit they will file as a result of the rejection of their family residence permit application. Otherwise, individuals may experience irreversible loss of rights.

Citizenship with Family Residence Permit

Persons who are married to a Turkish citizen can obtain a family residence permit in Turkey if the requirements mentioned above are met. People who reside in Turkey for at least three years in line with the family residence permit can apply for Turkish citizenship if they meet the relevant conditions.

For detailed information, you can take a look at our article titled How to Apply for Citizenship.

FREQUENTLY ASKED QUESTIONS

Can a Family Residence Permit be obtained through an Arranged Marriage?

Within the scope of family residence permits issued, the governorates examine whether the marriage in question is for this purpose. If the marriage is an arranged marriage, the application will be rejected or the residence permit will be canceled.

How many years are family residence permits granted?

Family residence permits are granted for a maximum of 3 years per application. Foreigners whose residence permit has expired can apply for an extension if they still meet the requirements.

What should people who have obtained a family residence permit due to marriage do in case of divorce?

Family residence permit holders may apply for a short-term residence permit if they have stayed in Turkey with this residence permit for at least three years. The three-year requirement is not required for divorces due to domestic violence.

Can my spouse’s child come to Turkey with a family residence permit?

Dependent children of the spouse who are under 18 years of age or dependent children of the spouse can obtain a family residence permit in Turkey together with the spouse if the spouse has custody.

How Many Days Does a Family Residence Permit Take?

According to Turkish law, the competent authority must respond to an application for a family residence permit within 90 days.

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