November 6, 2022

Family Residence Permit in Turkey – Attorney Ozan Soylu

FAMILY RESIDENCE PERMIT

Family members are under international protection in terms of living together. However, the right of family members to request a family residence permit is not an absolute right. As a rule, family members consist of spouses and their dependent children and are based on the main family. In accordance with the European Convention on Human Rights, people are free to choose the country where they will establish their family life, but the country in question is not obliged to issue this dual residence permit.

Family residence permit is regulated in Articles 34 to 37 of the Law on Foreigners and International Protection. Within the framework of the family residence permit, a residence permit can be granted to the foreign spouse of Turkish citizens and foreigners, to the minor or dependent children of himself or his spouse. The foreigner who wants to request this permission must meet some conditions.

Family residence permit can be obtained for 1, 2 or 3 years depending on the passport duration of the foreigner, insurance and job status of the supporting spouse, but is limited to a maximum of 3 years each time. As a rule, the duration of the permit to be given to the family cannot be longer than the residence permit of the supporting foreigner in Turkey, which is the basis for the family residence permit. At the expiry of the period, a re-apply must be made to stay in the country and an extension must be requested.

WHO IS THE SUPPORTER IN FAMILY RESIDENCE PERMIT?

The presence of a supporter is the most important condition for family residence permit. The sponsor is the Turkish or foreign person who undertakes the expenses of the foreigners who will come to Turkey and forms the basis of the residence requests of these foreigners.

PEOPLE WHO CAN BECOME A SUPPORTER

-Turkish citizens
-Those who have obtained permission from Turkish citizenship and acquired the citizenship of another country
-Those who have stayed in Turkey with a residence permit for at least 1 year
-Those who have an identity document that replaces a residence permit
-Refugees and those with subsidiary protection status

CONDITIONS THAT MUST HAVE A SUPPORTER

1. The monthly income of the sponsor must not be less than the minimum wage.

The sponsor must have sufficient financial strength to cover the monthly expenses of the foreign family in question.

2. The sponsor’s accommodation conditions must be suitable.

3. Must have a monthly income to meet one-third of the minimum wage per member of the supporting family.

4. The sponsor must have health insurance that covers both himself and all members of his family.

5. The sponsor must submit a criminal record. In this record, he/she must not have committed crimes against family order in the 5 years preceding the application.

6. The sponsor must have been staying here for at least 1 year with a residence permit.

7. The supporter’s address record must be verified.

8. Marriage should not be collusion.

9. Spouses must be over the age of 18.

WHO CAN GET FAMILY RESIDENCE PERMIT?

Family residence permit, foreigners, refugees and subsidiary protection status holders who have one of the legal residence permits in Turkey;

Foreign national spouse
To the underage foreign national child of his/her foreign national spouse or himself/herself
It is given to the dependent foreign national child of his/her foreign national spouse or himself/herself.

WHERE TO APPLY FOR FAMILY RESIDENCE PERMIT?

The family residence permit application is made to the Immigration Administration of the province where the foreigner is affiliated or to the District Working Group Presidency. Then, it is given to the Directorate of Migration Management of the province where the foreigner will reside, on the day and time of appointment, by preparing the necessary documents. Spouses must be present at the time of application. In case you are not ready, a notary public’s permission must be obtained. The fees paid by foreigners who want to obtain a family residence permit in Turkey vary according to their nationality.

WHEN TO APPLY FOR FAMILY RESIDENCE PERMIT?

As a rule, this application must be made before the end of the visa or visa exemption period. The extension application period can be made 60 days before the end of the residence period, and extension applications not made within the last 60 days are not accepted by the system.

REJECTION AND CANCELLATION OF FAMILY RESIDENCE PERMIT

The family residence permit request is rejected or canceled by the relevant institution or the duration is not extended in certain circumstances. These cases are;

1. Having a ban on deportation or entry into Turkey for the foreign person

2. The foreigner’s use of this permission for other purposes

3. The marriage is fake, that is, it is done only to get this permission.

In practice, it is observed that fake marriages are made in order to obtain a family residence permit. In the concrete case, it is a matter to be determined whether there is an arranged marriage or not. In this context, if there is a reasonable doubt before the family residence permit is granted, this issue should be investigated by the governorship and necessary steps should be taken.

Examples of situations where reasonable doubt is accepted about the arranged marriage;

1.Spouses do not speak the common language
2.Receiving notices and complaints that the marriage is collusion
3.Presence of unreasonable age difference
4.Spouse’s statement
5.Finding visa or residence permit violations

STATUS OF FAMILY RESIDENCE PERMIT IN THE EVENT OF DIVORCE

Short-term residence permit can be given to foreigners who obtained a family residence permit while married to a Turkish citizen and then divorced. However, this is subject to the condition that the couple in question has been married for 3 years. However, if the foreign spouse has suffered due to situations such as domestic violence, the condition of staying married for 3 years will be ignored.