Long-Term (Indefinite) Residence Permit: The Key to Permanent Life in Turkey (LFIP Art. 42-45)

Introduction:

One of the most coveted statuses for foreigners who have legally resided in Turkey for many years and have integrated into the country is the "Long-Term Residence Permit." Popularly known as an "indefinite residence permit," this permit type offers foreigners the opportunity to live permanently in Turkey and benefit from many rights granted to Turkish citizens (with certain exceptions). The long-term residence permit, regulated between Articles 42 and 45 of Law No. 6458 on Foreigners and International Protection (LFIP), is granted by governorates with the approval of the Ministry of Interior to foreigners who meet specific conditions. This article will examine in detail who can obtain a long-term residence permit, the application requirements, the rights this permit provides, and the conditions for its revocation.

1. Who Can Obtain a Long-Term Residence Permit? (LFIP Art. 42)

According to Article 42/1 of the LFIP, an indefinite residence permit may be granted by governorates with the approval of the Ministry to foreigners falling into one of the following two categories:

• a) Those Who Have Resided Continuously for at Least Eight Years: Those who have resided in Turkey with a legal residence permit continuously for at least eight years.
• b) Those Who Meet Conditions Determined by the Ministry: Foreigners кто (who) meet special conditions determined by the Ministry of Interior (Presidency of Migration Management) (This may typically cover groups such as highly qualified investors, scientists, or individuals with special talents).

Important Exception (LFIP Art. 42/2):

Refugees, conditional refugees, and beneficiaries of subsidiary protection, as well as holders of humanitarian residence permits and those under temporary protection, are not granted the right to transition to a long-term residence permit.

2. What are the Conditions for a Long-Term Residence Permit? (LFIP Art. 43/1)

All of the following conditions must be met to transition to a long-term residence permit:

• a) Continuous Residence for at Least Eight Years: To have resided in Turkey legally with residence permits for at least eight continuous years.
  • Calculation of Continuous Residence (Regulation Art. 40):
    • The application date is taken as the basis.
    • Periods spent abroad and periods stayed in Turkey without a residence permit are considered interruptions.
    • Detailed calculations are made, such as not having an interruption exceeding 180 days in total in one-year periods retrospectively and not having an interruption exceeding 365 days in total in the last five-year period.
    • Half of the duration of student residence permits and the full duration of other residence permits are taken into account (LFIP Art. 28/2).
• b) Not Having Received Social Assistance in the Last Three Years: Not to have received social assistance from the state within the last three years prior to the application date.
• c) Having Sufficient and Regular Financial Means: To possess a sufficient and regular source of income to support oneself and, if any, one's family.
• d) Having Valid Health Insurance: To possess valid health insurance in Turkey.
• e) Not Posing a Threat to Public Order or Public Security: This status is assessed with opinions obtained from relevant security units.

Exception for Those Meeting Conditions Determined by the Ministry (LFIP Art. 43/2):

For foreigners deemed eligible for a long-term residence permit due to meeting the conditions determined by the Ministry of Interior, conditions other than subparagraph (d) above (not posing a threat to public order/security) are not sought.

3. Rights Provided by a Long-Term Residence Permit (LFIP Art. 44)

Foreigners holding a long-term residence permit enjoy the rights granted to Turkish citizens, with the following exceptions:

• Rights Not Enjoyed:
  • Obligation to perform military service,
  • The right to vote and be elected,
  • Entry into public service,
  • Importing vehicles with exemption.
• Rights Enjoyed: They can benefit from many other rights (work, education, health, property acquisition, etc.), provided that their acquired rights related to social security are preserved and they are subject to the provisions of relevant legislation in the use of these rights.
• President's Authority to Restrict (LFIP Art. 44/2): The President is authorized to impose partial or full restrictions on these rights.

4. Circumstances Under Which a Long-Term Residence Permit May Be Revoked (LFIP Art. 45)

Long-term residence permits may be revoked in the following circumstances:

• a) Posing a Serious Threat to Public Order or Public Security: Subsequent determination that the foreigner poses a serious threat to public order or public security.
• b) Continuous Stay Abroad for More Than One Year: Staying outside Turkey continuously for more than one year for a reason other than health, education, or compulsory public service in their country.

5. Reapplication After Revocation (Regulation Art. 43)

Foreigners whose long-term residence permit has been revoked due to staying outside Turkey continuously for more than one year may reapply to obtain this permit. Applications are made to consulates abroad or to governorates within Turkey and are evaluated पानी (on a priority basis). In these applications, the condition of eight years of continuous residence is not sought again; however, factors such as the foreigner's intention to settle in Turkey and their ties to Turkey are considered.

Conclusion and Legal Assistance:

A long-term residence permit is an important guarantee and status for foreigners кто (who) have adopted Turkey as their second home. However, the application process and issues such as the calculation of continuous residence period require care and expertise. Furthermore, being accurately informed about the rights provided by this permit and the conditions for its revocation is crucial to prevent potential future problems.

As SKF VISION LAW, we provide expert legal consultancy and representation services for long-term (indefinite) residence permit applications, determination of continuous residence period, preparation of necessary documents, follow-up of the application process, and legal advice on possible revocation situations. Contact our expert team to legally secure your permanent life in Turkey.