Student Residence Permit in Turkey: Application, Conditions, and Students' Right to Work (LFIP Art. 38-41)

Student Residence Permit in Turkey: Application, Conditions, and Students' Right to Work (LFIP Art. 38-41)

Student Residence Permit in Turkey: Application, Conditions, and Students' Right to Work (LFIP Art. 38-41)

Introduction:

Turkey, with its rich history, cultural diversity, and developing educational institutions, has become an attractive destination for international students. Foreign national students who will pursue associate, bachelor's, master's, or doctoral studies at a higher education institution in Turkey, or who will attend primary and secondary education (for those without a family residence permit), are required to obtain a "Student Residence Permit" to legally stay in the country. This permit type, regulated between Articles 38 and 41 of Law No. 6458 on Foreigners and International Protection (LFIP), enables students to continue their education on a legal basis. This article will examine in detail who can obtain a student residence permit, the application requirements, its duration, students' right to work, and the conditions for its revocation.

1. To Whom is a Student Residence Permit Granted? (LFIP Art. 38)

According to Article 38 of the LFIP, a student residence permit is granted to the following foreigners:

  • a) Higher Education Students: Foreigners кто (who) will pursue associate, bachelor's, master's, or doctoral studies at a higher education institution (university, institute, etc.) in Turkey.
  • b) Those Attending Primary and Secondary Education: Foreigners attending primary and secondary education (elementary, middle, high school) whose care and expenses are covered by a real or legal person and who do not have a family residence permit may be granted and extended a student residence permit for periods of one year throughout their studies, with the consent of their parents or legal guardians.
  • c) Those Arriving Through Public Institutions and Organizations: Foreigners кто (who) come to Turkey through public institutions and organizations to study may be granted a residence permit for the duration of their studies (LFIP Art. 38/5).

Important Points (LFIP Art. 38):

  • A student residence permit does not grant any right to the student's parents or other relatives to obtain a residence permit.
  • If the duration of study is less than one year, the duration of the student residence permit cannot exceed the duration of study.

2. What are the Conditions for a Student Residence Permit? (LFIP Art. 39)

To obtain a student residence permit, a foreigner must meet the following conditions:

  • a) Submission of Information and Documents: To submit information and documents (proving they are a student) under Article 38 of the LFIP. This usually includes documents such as an acceptance letter or student certificate.
  • b) Not Being Within the Scope of an Entry Ban: Not to be within the scope of Article 7 of the LFIP (foreigners who will not be permitted entry into Turkey).
  • c) Provision of Address Information: To provide information on their address of stay in Turkey.
  • Valid Health Insurance: Higher education students are required to apply to the Social Security Institution to become general health insurance holders within three months from their initial registration date. Private health insurance may be requested from those кто (who) do not apply within this period (Regulation Art. 35/8). Health insurance conditions for primary and secondary education students are also evaluated separately.
  • Sufficient and Regular Financial Means: The student may be required to provide proof of their ability to support themselves during their education and stay in Turkey (scholarship certificate, bank account statement, sponsor letter, etc.).

3. How to Apply for a Student Residence Permit?

Student residence permit applications are generally initiated online through the e-Residence system of the Presidency of Migration Management. After collecting the necessary documents (acceptance letter, passport photocopy, health insurance, proof of financial means, etc.), an appointment is made, and the application is submitted पानी (in person) to the relevant Provincial Directorate of Migration Management. In some cases, especially for students arriving through public institutions, applications may also be coordinated by the relevant institutions (Regulation Art. 36).

4. Rejection, Revocation, or Non-Renewal of a Student Residence Permit (LFIP Art. 40)

A student residence permit shall not be granted, shall be revoked if already granted, or shall not be renewed if expired in the following cases:

  • Failure to meet or ceasing to meet the conditions stipulated in Article 39 of the LFIP.
  • Emergence of evidence that the education cannot be continued (e.g., expulsion from school, prolonged absenteeism).
  • Determination that the student residence permit is used for a purpose other than that for which it was granted.
  • Existence of a current deportation order or entry ban to Turkey.

5. Students' Right to Work (LFIP Art. 41)

Article 41 of the LFIP regulates the right to work for students pursuing formal education in Turkey:

  • Associate, Bachelor's, Master's, and Doctoral Students: May work, provided they obtain a work permit.
  • Right to Work for Associate and Bachelor's Students: The right to work begins after the first year of study and is regulated by relevant laws (Law on Work Permits for Foreigners) and Presidential decrees.
  • Duration of Work Permit: The work permit for students cannot exceed the validity period of their student residence permit and is generally limited to a certain number of hours per week.

6. Change of University, Faculty, or Department (Regulation Art. 35/12)

If a student changes university, faculty, or department, certain procedures regarding the residence permit must be followed:

  • Change Within the Same Educational Institution: Provided there is no interruption in studies and notification is made in a timely manner, the existing residence permit remains valid. If the permit duration is shorter than the study period, it is extended.
  • Continuation of Studies in a Different Province: The existing residence permit is terminated, and a new residence permit for the duration of the new study period is issued by the governorate of the new province.
  • Deferral of Enrollment: If a higher education student defers their enrollment, their residence permit is terminated from the date of deferral.

Conclusion and Legal Assistance:

Obtaining a student residence permit is mandatory for foreign students wishing to study in Turkey to ensure their legal stay and the uninterrupted continuation of their education. It is important to have accurate and up-to-date information on the application process, required documents, right to work, and potential issues.

As SKF VISION LAW, we provide expert consultancy and representation services to foreign students for student residence permit applications, work permit processes, residence permit extensions, and other legal matters they may encounter during their studies. Contact us to secure your educational life in Turkey.

DISCLAIMER: This article has been prepared for general informational purposes based on the legal provisions in effect at the time of its writing. Foreigners law (or: Immigration Law) is a frequently updated and complex field. Due to potential changes in legislation, it is possible that the information in this article may become outdated. Therefore, before taking any legal action or making any decision, it is of vital importance that you obtain current and personalized consultation from a lawyer specializing in foreigners law (or: immigration law). This article does not constitute legal advice.

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