Turkey: The Turkish Residence Permit for Foreigners, including the status afforded by the permit; rights and obligations of holders of the permit, including rights to employment, services, and to return and reside in Turkey; criteria to renew the permit and whether or not it is automatic (2012-January 2016)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Types of Residence Permits

Legal provisions regarding residence permits for foreigners in Turkey are governed by the Law on Foreigners and International Protection [No. 6458] adopted in 2013 (Hürriyet Daily News 30 Mar. 2015; Erdem & Erdem Law Office June 2014). The law, which entered into force in April 2014, replaced the Law on Residence and Travel of Aliens in Turkey [also called the Law on Residence and Travels of Foreigners in Turkey, No. 5683 (ibid.)] (CARIM-South n.d.). It stipulates that there are six types of residence permits for which foreigners can apply (Turkey 2013, Art. 30).

1.1 Short-term Residence Permit

According to Article 31(1) of the Law on Foreigners and International Protection, a short-term residence permit can be issued to a foreigner who

a) arrives to conduct scientific research;

b) owns immovable property in Turkey;

c) establishes business or commercial connections;

ç) participates in on-the-job training programmes;

d) arrives to attend educational or similar programmes as part of student exchange programmes or agreements to which the Republic of Turkey is a party to;

e) wishes to stay for tourism purposes;

f) intends to receive medical treatment, provided that they do not have a disease posing a public health threat;

g) is required to stay in Turkey pursuant to a request or a decision of judicial or administrative authorities;

ğ) transfers from a family residence permit;

h) attends a Turkish language course;

ı) attends an education programme, research, internship or, a course by way of a public agency;

i) applies within six months upon graduation from a higher education programme in Turkey. (Turkey 2013)

According to the same law, short term residence permits are issued with a maximum validity of one year (ibid., Art. 31(2)). Article 31 further reads that permits for persons applying under category (i) can only be issued once; permits for persons under category (h) can be issued twice (ibid.).

Turkish newspaper Hürriyet Daily News quotes a research fellow specializing in migration studies at the Orient-Institut Istanbul, an Istanbul-based research institute specializing on Turkish area studies and affiliated with the German Max Weber Foundation (Orient-Institut Istanbul n.d.), as stating that short term residence permits were issued for five years prior to the enactment of the 2013 Law on Foreigners and International Protection (Hürriyet Daily News 28 Sept. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2 Family Residence Permit

According to Article 34(1) of the Law on Foreigners and International Protection,

[a] family residence permit for a maximum duration of two years at a time may be granted to the:

foreign spouse;

foreign children or foreign minor children of their spouse;

dependent foreign children or dependent foreign children of their spouse;

of Turkish citizens, persons within the scope of Article 28 of Law No 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries. However, the duration of the family residence permit cannot exceed the duration of the sponsor's residence permit under any circumstances whatsoever. (Turkey 2013)

The same article of the law indicates that individuals holding family residence permits are entitled to primary and secondary education until the age of 18 without requiring a student residence permit (ibid.).

1.3 Student Residence Permit

Article 38 of the Law on Foreigners and International Protection reads that

[a] student residence permit shall be granted to foreigners who shall attend an associate, undergraduate, graduate or postgraduate programme in a higher education institution in Turkey.

To foreigners who shall receive primary and secondary education and whose care and expenses shall be covered by a natural or legal person, subject to the consent of their parents or legal guardian, a one year student residence permit shall be granted and renewed throughout the course of their study.

The student residence permit shall not entitle the parents as well as more distant family members of the foreigner the right of obtaining residence permit.

In cases where the period of study is less than one year, the duration of the residence permit shall not exceed the period of study. (Turkey 2013)

1.4 Long-term Residence Permit

According to Article 43(1) of the Law on Foreigners and International Protection,

[w]ith regard to the issuing long-term residence permit, the following conditions shall apply:

a) having contin[ou]s residence in Turkey for at least eight years;

b) not having received social assistance in the past three years;

c) having sufficient and stable income to maintain themselves or, if any, support their family;

ç) to be covered with a valid medical insurance;

d) not to be posing a public order or public security threat. (Turkey 2013)

The law further indicates that

foreigners holding a long-term residence permit shall benefit from the same rights as accorded to Turkish citizens with the exception of the provisions in laws regulating specific areas, and of:

a) compulsory military service;

b) the right [to] vote and be elected;

c) entering public service;

ç) exemption from customs duties when importing vehicles. (ibid., Art. 44)

Sources report however, that the long term residence permit does not include provisions for the right to work (Hürriyet Daily News 30 Mar. 2015; YellAli n.d.b); foreigners must apply for a separate work permit (Hürriyet Daily News 30 Mar. 2015).

1.5 Humanitarian Residence Permit

According to Article 46(1) of the Law on Foreigners and International Protection,

[u]nder the following cases, upon approval of the Ministry, a humanitarian residence permit with a maximum duration of one year at a time may be granted and renewed by the governorates without seeking the conditions for other types of residence permits:

a) where the best interest of the child is of concern;

b) where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be removed from Turkey or their departure from Turkey is not reasonable or possible;

c) in the absence of a removal decision in respect of the foreigner pursuant to Article 55;

ç) where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77;

d) throughout the removal actions of the applicant to the first country of asylum or a safe third country;

e) in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency or in view of the protection of the national interests as well as reasons of public order and security, in the absence of the possibility to obtain one of the other types of residence permits due to their situation that precludes granting a residence permit;

f) in extraordinary circumstances. (Turkey 2013)

1.6 Residence Permit for Victims of Human Trafficking

The Law on Foreigners and International Protection indicates that victims of human trafficking can be granted an initial residence permit of 30 days (ibid., Art. 48 (1)). The permit can then be renewed for six-month periods "for reasons of safety, health or special circumstances of the victim"; however, its total duration cannot exceed three years "under any circumstances" (ibid., Art. 49).

2. Rights and Obligations of Permit Holders

2.1 Employment

According to sources, foreigners who wish to work in Turkey must obtain a work permit (Practical Law Canada 1 Nov. 2015; Turkey n.d.f), although exemptions apply for specific types of employment (ibid. n.d.a). Sources further indicate that foreigners who hold a residence permit that is valid for at least six months [or that has to stay valid for six months from the date of application for a work permit, according to the website of the Prime Ministry Investment Support and Promotion Agency (Turkey n.d.f)], are able to apply for work permits in Turkey (Practical Law Canada 1 Nov. 2015; Turkey n.d.f). Article 6 of the Law on Work Permit for Foreigners (Law No. 4817) further stipulates that

[u]nless otherwise provided in the bilateral or multilateral agreements to which Turkey is a party, and without prejudice to acquired rights of foreigners who are granted working permission for an indefinite period of time before April 11.2014; holders of a long-term residence permit pursuant to Law on Foreigners and International Protection, No. 6458, or those foreigners that have resided in Turkey uninterruptedly for at least eight years with a resident permit, or that have legally worked for total eight years may be granted working permission for an indefinite period of time. (ibid. 2003)

Article 41 of the Law on Foreigners and International Protection states that all students are permitted to work if they obtain a permit; however, undergraduate and associate-level students may only obtain employment after completing their first year of studies; such students are not entitled to work more than 24 hours per week (ibid. 2013).

According to the Migrant Integration Policy Index (MIPEX), a research project on migrants' integration policies (MIPEX n.d.), a work permit for self-employed individuals can only be granted to foreigners who have had uninterrupted and legal residence in Turkey for at least five years (ibid. 2015).

2.2 Healthcare

Article 60 of Turkey's Social Insurance and Universal Health Insurance Law (Law No. 5510) states that "provided that principle of reciprocity is also taken into consideration, individuals of foreign countries who have residence permit[s] and are not insurance holders under legislation of a foreign country" are able to benefit from universal health insurance in Turkey (Turkey 2006). An informational document published by Turkey's Directorate General of Migration Management similarly states that foreigners must not be "insured under any foreign social security legislation and have no right to benefit from health insurance" in order to receive healthcare coverage in Turkey (ibid. n.d.b, 3). Sources indicate that holders of residence permits who meet these conditions can register with the universal health insurance scheme after one year of residency (UK 31 Dec. 2015; US 1 Mar. 2012; Turkey n.d.b, 3). The registration requires a payment of a monthly insurance premium that, according to the Directorate for Migration Management, is set at 4% of minimum wage for student residence permit holders and at 24% for other permit holders (ibid., 5). Sources report that the premium rates for healthcare coverage to foreigners are as follows:

272.16 Turkish lira (TRY) (C$128.63) for non-student and 45.36 TRY (C$21.56) for student permit holders in 2014 (ibid., 6);

Approximately 300 TRY (C$142.62) for either an individual or a married couple with minor children (YellAli n.d.a);

395.28 TRY (C$187.91) in January 2016 "for a married couple or a single person" (Kalkan Turkish Local News 7 Jan. 2016).

According to MIPEX, legal migrants who register for public health care insurance have the same rights to medical services as Turkish citizens (MIPEX 2015). Sources note that applicants must undergo medical tests before the registration (UK 31 Dec. 2015; YellAli n.d.a). Sources further indicate that "pre-existing conditions" (UK 31 Dec. 2015), or "chronic illnesses which occur before the date when foreign nationals are regarded as universal health insurance holders" (Turkey n.d.b, 3), will not be covered by the public healthcare insurance (UK 31 Dec. 2015; Turkey n.d.b, 3).p>

2.3 Residency Obligations

According to the Law on Foreigners and International Protection, short-term residence permits "shall not be granted, shall be cancelled if … issued, and shall not be renewed" if the permit holder lived outside of Turkey for more than 120 days during the preceding year (Turkey 2013, Art. 33(1)(c)). The same law states that holders of family residence permits cannot leave Turkey for more than 120 days without having residence permits cancelled and renewal rights revoked (ibid., Art. 36(1)(d)). In contrast, according to a guide issued by the UK Foreign and Commonwealth Office for British citizens living in Turkey, holders of family residence permits are able to reside outside of Turkey for 150 days (UK 31 Dec. 2015). Further, according to information provided by the Turkish Ministry of Interior on the website of the Directorate General for Migration Management, family residence permit holders may leave the country for a period not exceeding 180 days (Turkey n.d.c).

According to the guidelines published by the British Foreign and Commonwealth Office, the "'120 Day' Rule" is applied by Turkish authorities in the following manner:

[i]f you are out of Turkey for more than 120 days in the previous 12 month period your residence permit will be cancelled on re-entry to Turkey and you must obtain either an e-Visa, or visa on arrival, to cover your stay until you wish to reapply for a residence permit. This rule is now being applied to both short term residence permits issued after April 2014 (new style card) and those issued prior to April 2014 (old blue book style). If you are a family residence permit holder you may stay out of Turkey for 150 days without your permit being cancelled. (UK 31 Dec. 2015)

The same source indicates that individuals and families may apply for new residence permits immediately following the cancellation of existing ones (ibid.).

According to Article 45 of the Law on Foreigners and International Protection, long-term residence permits will be cancelled if the permit holder "stays outside of Turkey continuously for more than one year for reasons other than health, education and compulsory public service in his/her country" (Turkey 2013, Art. 45(1)(b)).

3. Renewing of Residence Permits

According to the Directorate General of Migration Management, applications for the renewal of short-term, family and student resident permits are to be submitted online (ibid. n.d.e). The same source indicates that applications for extensions of humanitarian and victims of human trafficking permits must be done at the Provincial Directorates of Migration Management (ibid.). According to the Directorate, "applications for extension shall be made within sixty days prior to the expiration of the residence permit and, in any case, before the expiration of the residence permit" (ibid.). The Directorate also states that if a foreigner did not extend his or her permit on time but has an "'acceptable' excuse," the application will be received and the applicant will have to pay a fine (ibid. n.d.c).

For information on the documents required to apply for, or renew, short-term residence permits, see Attachment 1. For information on the documents required to apply for, or renew family residence permits, see Attachment 2.

According to the Turkish Directorate General of Migration Management, applicants for a student resident permit must submit a letter from an educational institution indicating proof of enrollment, a letter certifying that expenses will be covered, the consent of parents or a legal guardian (in the case of primary and secondary education students), and proof of address in Turkey (Turkey n.d.c). In correspondence with the Research Directorate, the First Secretary at the Embassy of Canada in Ankara stated that students can renew their permit "seemingly without end" (Canada 28 Jan. 2016).

The Turkish Directorate General of Migration Management indicates that long-term residence permits are issued "indefinitely" (Turkey n.d.d). According to the information provided on the Directorate's website, foreigners who lost their long-term residency for not fulfilling the residency obligation can apply for the same permit again (ibid n.d.c). In evaluating such applications, Turkey's Ministry of Interior considers elements including:

a) [w]ill of the foreigner to stay in Turkey with the purpose of settlement,

b) [w]hether the foreigner has relatives in Turkey or not,

c) [i]mmovable assets of the foreigner,

ç) [a]ctive work and labor relations of the foreigner,

d) [h]istory of social, financial and cultural relations of the foreigner to Turkey. (ibid.)

According to the Directorate of Migration Management, foreigners who hold either a family or a student residence permit can apply and simultaneously hold both types of permit, provided that all conditions for both types of residence permit are met (ibid.). The Directorate also states that holders of humanitarian residence permits and permits for victims of human trafficking " [who] meet the conditions for receiving a student residence permit … can benefit from the rights granted with the student residence permit before acquiring the student residence permit" (ibid.). According to Article 42(2) of the Law on Foreigners and International Protection, refugees, conditional refugees, subsidiary protection beneficiaries and holders of humanitarian residence permits are not allowed to apply for the long-term residence permit (Turkey 2013, Art. 42(2)).

Turkey's Directorate General of Migration Management also states that residence permits that were issued before 11 April 2014 remain valid until the expiry of their validity periods (ibid. n.d.c).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Canada. 28 January 2016. Embassy of Canada to Turkey in Ankara. Correspondence from the First Secretary to the Research Directorate.

Consortium for Applied Research on International Migration from, to and through the Southern and Eastern Mediterranean Countries (CARIM-South). N.d. "Law No. 6458 of 2013 on Foreigners and International Protection." [Accessed 26 Jan. 2016]

Erdem & Erdem Law Office. June 2014. Naciye Yilmaz. "Residence Permits for Foreigners in Turkey." [Accessed 28 Jan. 2016]

Hürriyet Daily News. 28 September 2015. Barçin Yinanç. "New Regulations for Foreigners Lack Flexibility, Researcher Says." [Accessed 26 Jan. 2016]

_____. 30 March 2015. Barbara Pusch. "What Foreign Nationals Should Know About the New Migration Management in Turkey." [Accessed 28 Jan. 2016]

Kalkan Turkish Local News. 7 January 2016. "Big Hike in Cost of Turkish State Health Insurance SGK." [Accessed 27 Jan. 2016]

Migrant Integration Policy Index (MIPEX). 2015. T. Huddleston, O. Bilgili, A. Joki and Z. Vankova. "Turkey 2014." [Accessed 27 Jan. 2016]

_____. N.d. "What Is MIPEX." [Accessed 27 Jan. 2016]

Orient-Institut Istanbul. N.d. "About OII." [Accessed 1 Feb. 2016]

Practical Law Canada. 1 November 2015. Kayra Üçer and Begüm Ergin, Hergüner Bilgen Özeke Attorney Partnership. "Employment and Employee Benefits in Turkey: Overview." [Accessed 27 Jan. 2016]

Turkey. 2013. Law on Foreigners and International Protection. [Accessed 21 Jan. 2016]

_____. 2006. Social Insurance and Universal Health Insurance Law. [Accessed 26 Jan. 2016]

_____. 2003. Law on the Work Permit for Foreigners. [Accessed 27 Jan. 2016]

_____. N.d.a. Consulate General of Turkey in London. "Information on Work Visa Requirements." [Accessed 27 Jan. 2016]

_____. N.d.b. Ministry of Interior, Directorate General of Migration Management and the Social Security Institution. General Health Insurance for Foreigners. [Accessed 28 Jan. 2016]

_____. N.d.c. Ministry of Interior, Directorate General of Migration Management. "Frequently Asked Questions About Foreigners." [Accessed 26 Jan. 2016]

_____. N.d.d. Ministry of Interior, Directorate General of Migration Management. Long-term Residence Permit. [Accessed 21 Jan. 2016]

_____. N.d.e. Ministry of Interior, Directorate General of Migration Management. "Residence Permit Application: Applications for Extension." [Accessed 21 Jan. 2016]

_____. N.d.f. Prime Ministry Investment Support and Promotion Agency. "How to Get a Work Permit?" [Accessed 26 Jan. 2016]

United Kingdom (UK). 31 December 2015. Foreign and Commonwealth Office. "Living in Turkey." Help for British Nationals Overseas - Guidance. [Accessed 25 Jan. 2016]

United States (US). 1 March 2012. Embassy of the United States to Turkey. "Update on General Health Insurance for Foreigners in Turkey (March 1, 2012)." [Accessed 26 Jan. 2016]

YellAli. N.d.a. "Health Topics Turkey." [Accessed 27 Jan. 2016]

_____. N.d.b. "Long Term Residence Permit (Permanent) - Turkey." [Accessed 26 Jan. 2016]

Additional Sources Consulted

Oral sources: International Organisation for Migration - Turkey Office; Orient-Institut Istanbul; Turkey - Consulates in Berlin and London, Embassy in Ottawa; Trakya University; United Nations University.

Internet sites, including: ADMD Law Office; AngloINFO Turkey; Center for Migration and Political Studies, Hacettepe University; Centre for Migration Research, Istanbul Bilgi University; Council of Europe; DAB Law Firm; ecoi.net; European Union - Delegation of the EU in Ankara, European Commission; Factiva; International Organisation for Migration; Keesing's Reference Systems; Le Petit Journal Turquie; Migration Policy Centre, European University Institute; Migration Policy Institute; Migration Research Centre, Koç University; Odysseus Network; Organisation for Economic Co-operation and Development; United Nations - Office of the High Commissioner for Human Rights, Office of the High Commissioner for Refugees, Refworld; United States - Department of State.

Attachments

1. Turkey. N.d. Ministry of Interior, Directorate General of Migration Management. "Short Term Residence Permit." [Accessed 21 Jan. 2016]

2. Turkey N.d. Ministry of Interior, Directorate General of Migration Management. "Family Residence Permit." [Accessed 21 Jan. 2016]