How to Apply for a Turkish Family Residence Permit?

Residence permit and types of residence permit in Turkey are regulated under Law No. 6458 on Foreigners and International Protection. One of the types of residence permits is the family residence permit, which is widely applied in Turkey for family unifications.

As your immigration lawyers in Istanbul, we, Viridis Legal Partners can assist you, as a foreigner to have a family residence permit in Turkey. You can find details of what is a family residence permit, how to apply for family residence permit in Turkey, eligibility criteria for Turkish family residence permit and required documents for family residence permit applications in Turkey, and other specifications of family residence permit in Turkey in this guide.

What is a Turkish Family Residence Permit?

Family residence permit in Turkey can be defined as a special type of residence permit granted to the spouses, children and other dependents of Turkish citizens, residence permit holders, refugees and second protection status holders. Family residence permit is regulated in Article 34 and the following articles of Law No. 6458.

The specifications and requirements of family residence permit are mostly regulated under Article 34 of the aforementioned law. The mentioned article is as follows:

“Family residence permit

ARTICLE 34 – (1) Turkish citizens, those within the scope of Article 28 of the Law No. 5901 or foreigners holding one of the residence permits, refugees and subsidiary protection status holders;

1. a) To the foreign spouse,
2. b) To his/her or his/her spouse’s minor foreign child,
3. c) Dependent foreign child of himself/herself or his/her spouse,

a family residence permit may be granted for a period not exceeding three years each time. However, the duration of the family residence permit shall in no case exceed the duration of the sponsor’s residence permit.

(2) In case of marriage with more than one spouse according to the law of the country of nationality, only one of the spouses shall be granted a family residence permit. However, family residence permit may also be granted to children of other spouses.

(3) In the family residence permit of children, the consent of the mother or father who has joint custody outside Turkey, if any, shall be sought.

(4) Family residence permits shall be issued until the age of eighteen, for the first and the right to education in secondary education institutions.

(5) Those who have stayed in Turkey with a family residence permit for at least three years and have reached the age of eighteen those who have completed their family residence permit may, upon their request, convert this permit into a short-term residence permit.

(6) In case of divorce, a foreigner married to a Turkish citizen may be granted a short-term residence permit provided that he/she has stayed with a family residence permit for at least three years. However, if it is established by a court decision that the foreign spouse is a victim of domestic violence, the three-year period requirement shall not be sought.

(7) In case of the death of the sponsor, short-term residence permit may be granted to those who have stayed with a family residence permit depending on this person, without the time requirement.”

Who is Eligible for a Family Residence Permit?

The question of who is eligible for a family residence permit has two aspects; to whom the family residence permit can be given and who can be sponsors for the family residence permit. The eligibility criteria for the family residence permit are regulated by Article 35 of the aforementioned Law.

Eligibility Criteria For Applicant

Family members who can be granted a family residence permit in Turkey can be listed as foreign spouse; minor foreign children of the sponsor or his/her spouse, dependent foreign children of the sponsor or his/her spouse. It should be noted here that if the foreigner has more than one spouse, only one of the spouses is granted a residence permit in Turkey.

Those who will apply for a family residence permit are required to submit the necessary documents and demonstrate that they live or intend to live with the sponsor, not to be married for the purpose of obtaining a residence permit, and not to be among the foreigners who will not be allowed to enter Turkey.

It should be noted here that both the sponsor spouse and the applicant spouse must be over the age of 18 in the family residence permit application.

Eligibility Criteria For Sponsors

As for who can sponsor a family residence permit; Turkish citizens, those who meet the necessary conditions among those who have left Turkish citizenship with a renunciation permit, foreigners holding a residence permit or work permit in Turkey, refugees in Turkey and holders of subsidiary protection status.

The conditions required for the sponsor are: having a monthly income that can provide for the subsistence of family members, being able to provide accommodation for family members, having health insurance covering family members, having a judicial record certifying that he/she has not been convicted of any criminal cases against family order within five years as of the date of application, being a resident in Turkey for at least one year and being registered in the address registration system.

How to Apply for a Turkish Family Residence Permit

Step-by-Step Application Process Of Family Residence Permit

The first stage of applying for a family residence permit in Turkey is to apply from Ikamet.  Both the applicant and the sponsor must attend the appointment made upon application in person. Residence permit applications in Turkey cannot be made through consulates at the moment and applications are received by the governorship of the city where the applicant wishes to reside. Applications for residence permits in Turkey are finalised within a maximum of 90 days and this period is also valid for family residence permits.

Required Documents Family Residence Permit In Turkey

There are documents that the applicant and the sponsor must submit when applying for a family residence permit in Turkey. In addition, if the applicant is a child, there are documents that must be submitted separately. The required documents for a family residence permit can be listed as follows:

Documents Required from the Applicant

1. Residence Permit Application Form
2. Photocopy of passport or passport substitute document
3. Four (4) biometric photographs
4. Documents/receipts showing that the residence fee and card fee have been paid
5. Marriage certificate or photocopy of a document proving that you are married

Documents Required if the Applicant is a Child

If the mother and father cannot be identified from a passport or passport substitute or national identity card, the child’s certified birth certificate

In case of divorce, a certified custody certificate or in case of joint custody of the child an authorised consent form

In the event of the death of a parent, the certified death certificate of the parent

Documents Provided By The Sponsor

1. Identification of the sponsor: identity Card if Turkish citizen, photocopy of passport or passport substitute document if foreigner and photocopy of residence/work permit, blue card, refugee or subsidiary protection status holder identity documents
2. A certified, e-signed/signed document certifying that you have sufficient and regular financial means for the duration of stay
3. Valid health insurance covering all applicants
4. Criminal record
5. A document showing that the sponsor is registered in the Address Registration System
6. Document showing the place to stay (a photocopy of the title deed; a notarised copy of rental contract; a notarised declaration of the person you are staying with)

Key Considerations for the Family Residence Permit

Duration Of Family Residence Permit In Turkey 

The family residence permit in Turkey can be valid for up to 3 years but cannot exceed the sponsor’s residence permit duration.

Public Health and Security Conditions:

The health insurance requirement for residence permit types can be met with a document obtained from the Provincial Social Security Unit showing that health services are used in Turkey within the scope of bilateral social security agreements, provision documents obtained from the Social Security Institution, a document regarding the application made to the Social Security Institution to become a General Health Insurance holder, or a private health insurance document.

Renewal of Family Residence Permits

The renewal of the family residence permit is also subject to the general provisions regarding the renewal or extension of the residence permit and is regulated in Article 24 of Law No. 6458.

Applications for renewal of the residence permit must be made sixty days before the expiration of the residence permit and in any case before the expiration of the residence permit. The document showing that the application for renewal of the residence permit has been made provides the right to legally stay in Turkey even if the residence permit has expired.

The documents required for family residence permit extension applications are the same as those required for the initial application.

Reasons for Rejection or Cancellation Of Family Residence Permit In Turkey:

The reasons for the rejection, cancellation or non-renewal of a family residence permit are indicated in Article 36 of the aforementioned Law. Accordingly, if the conditions sought for the sponsor or the applicant for the granting of a family residence permit are not met or are eliminated; if the family residence permit is used for purposes other than intended or if a valid deportation or entry ban decision is issued for the foreigner granted the permit, the granted family residence permit is cancelled, the family residence permit application is rejected or the family residence permit is not renewed.

Appeal Against Family Residence Permit Rejection or Cancellation

If the application for a family residence permit is rejected or if the application for an extension of the family residence permit is rejected or if the family residence permit is cancelled, it is possible to appeal. The foreigner may apply to the Administrative Court within 60 days after the rejection decision is notified to him/her and file a lawsuit for the cancellation of the residence permit application rejection decision. If this lawsuit is concluded in favour of the foreigner, the rejection decision taken by the administration will be cancelled. Upon the rejection of the residence permit application, the foreigner must leave the country within 10 days after the expiry of the visa or visa exemption. If the foreigner does not have a visa or visa exemption, he/she must leave the country within 10 days from the notification of the rejection decision. Although the lawsuit filed for the cancellation of the rejection decision does not eliminate this requirement, this requirement can be postponed with a stay of execution decision.

Turkish Family Residence Permit and Visa Extensions

The aforementioned law defines visas and visa exemptions. Accordingly, a visa is a permit that grants the right to stay in Turkey for a maximum of 90 days or provides transit passage, and a visa exemption is a regulation that removes the need to obtain a visa. The maximum duration of a visa or visa exemption in Turkey is 90 days, and a residence permit application should be made for stays longer than this period. In this case, a residence permit application can be used instead of a visa extension. This is because a residence permit application document provides its holders with the right to stay in Turkey legally.