Residence Permit in Turkey: Who Can Apply and What Are the Exemption Conditions? (LFIP Art. 19-20)

Introduction:

It is a legal requirement for foreigners who enter Turkey with a visa or under a visa exemption and plan to stay longer than the period მათი (their) visa or visa exemption allows, or longer than ninety days, to obtain a residence permit. Law No. 6458 on Foreigners and International Protection (LFIP) comprehensively regulates the institution of residence permits, which forms the basis of legal stay in Turkey, and the exemptions thereto. This article will examine who must obtain a residence permit in Turkey, who is exempt from this obligation, and the relevant legal processes within the framework of Articles 19 and 20 of the LFIP.

1. What is a Residence Permit and Why is it Necessary? (LFIP Art. 19)

According to Article 19/1 of the LFIP, foreigners who will stay in Turkey longer than the period their visa or visa exemption allows, or longer than ninety days, are obliged to obtain a residence permit. A residence permit is an official document granting a foreigner the right to legally stay in Turkey for a specific period. A residence permit loses its validity if not used within six months. This permit is of great importance for the integration of foreigners into social life in Turkey, for them to benefit from legal rights, and for the determination of their legal status.

2. Who is Exempt from Obtaining a Residence Permit? (LFIP Art. 20/1)

Article 20/1 of the LFIP exempts certain groups of foreigners from the obligation to obtain a residence permit. These exemptions are:

• a) Those Staying During the Visa or Visa Exemption Period: Those who are in Turkey during the validity of their visa or visa exemption period.
• b) Holders of a Stateless Person Identity Card: Persons recognized as stateless by Turkey and issued with a Stateless Person Identity Card.
• c) Diplomatic and Consular Officials görevli (stationed) in Turkey: Their family members are also exempt if notified by the Ministry of Foreign Affairs.
• d) Employees of International Organizations' Representative Offices in Turkey Whose Status is Determined by Agreements.
• e) Those Exempt from Residence Permits by Agreements to Which the Republic of Turkey is a Party.
• f) Those Within the Scope of Article 28 of the Turkish Citizenship Law No. 5901: Those who lost Turkish citizenship by obtaining permission to renounce it, and their descendants (Blue Card holders).
• g) Those Under International Protection: Those who hold an international protection applicant identity card or an international protection status holder identity card under Articles 76 and 83 of the LFIP. (Note: This subparagraph became LFIP Art. 20/1/g with the amendment made by Law No. 7148 dated 18/10/2018.)

3. Special Circumstances and Obligations of Those Exempt from Residence Permits (LFIP Art. 20/2)

A special document, the form and content of which are jointly determined by the Ministry of Interior and the Ministry of Foreign Affairs, is issued to foreigners specified in subparagraphs (c), (ç), (d), and (e) of Article 20/1 of the LFIP (diplomats, employees of international organizations, etc.). If these foreigners intend to continue staying in Turkey after the circumstances granting them exemption from a residence permit cease to exist, they are obliged to apply to the governorates for a residence permit within ten days at the latest.

4. Where and How to Apply for a Residence Permit?

Residence permit applications vary depending on whether the foreigner is in Turkey or abroad:

• Application from Abroad (General Rule): Made to the Turkish consular posts in the foreigner's country of citizenship or legal residence (LFIP Art. 21/1).
• Application from Within Turkey (Exceptional Cases): In certain situations specified in Article 22 of the LFIP (e.g., long-term residence permit, student residence permit, humanitarian residence permit, by decision of judicial/administrative authorities, etc.), applications can exceptionally be made to governorates (Provincial Directorates of Migration Management). Applications are generally initiated online through the e-Residence system of the Presidency of Migration Management and are submitted पानी (in person) to the relevant Provincial Directorate of Migration Management on the appointment date along with the necessary documents.

5. Consequences of Staying in Turkey Without a Residence Permit

Staying in Turkey without obtaining a residence permit or after the expiry of an existing residence permit constitutes a visa or residence permit violation. This situation can lead to serious sanctions such as administrative fines, an entry ban to Turkey, and even deportation.

Conclusion and Legal Assistance:

Obtaining a residence permit is a crucial step for foreigners кто (who) wish to legally reside in Turkey. Determining the appropriate residence permit type, managing the application process correctly, and evaluating your exemption status can be complex. Seeking assistance from a lawyer specializing in foreigners' law for residence permit applications, extensions, type changes, or for appealing potential rejection decisions will ensure the smooth progress of the process and prevent loss of rights.

As SKF VISION LAW, we provide professional consultancy and representation services to our clients for all types of Turkish residence permit applications, determination of exemption status, and all legal processes related to residence permits. Contact us to secure your legal stay in Turkey.