ACT ON FOREIGNERS AND INTERNATIONAL PROTECTION

Law Number : 6458

Date of Adoption : April 4,2013

Date and No. of Publication in the Official Gazette : April 11,2013 - 28615


NOTE: This translation is unofficial and for information purposes only. Read this page first, please. Click "YABANCILAR VE ULUSLARARASI KORUMA KANUNU" for full Turkish text of the Code.

 

PART ONE
Purpose, Scope, Definitions and Prohibition of Repatriation

CHAPTER ONE
Purpose, Scope and Definitions

Purpose

ARTICLE 1- (1) The purpose of this Act; is to determine the procedures and principles related to entry into, staying in and exit from Turkey of foreigners and the scope and implementation of protection to be provided to aliens who request for protection in Turkey, and the establishment, duty, authority and responsibilities of the General Directorate of Migration Management, subsidiary of the Ministry of Interior.

 

Scope

ARTICLE 2- (1) This Act, includes actions and operations related to foreigners, international protection to be provided upon individual protection requests of foreigners at borders, border gates or within Turkey; temporary protection to be provided urgently to foreigners who cannot return to the country which they have been forced to leave and have come to Turkey in masses, and the establishment, duty, authority and responsibilities of the General Directorate of Migration Management.

(2) In the implementation of this Act, provisions contained in international agreements to which Turkey is a party and the special laws are reserved.

 

Definitions

ARTICLE 3- (1) In the application of this Act;

a) “Family members” shall mean the spouse, minor child and dependent major child of the applicant or the holder of international protection status,

b) “European countries” shall mean the states that are members of the Council of Europe and other countries to be determined by the Council of Ministers,

c) “Minister” shall mean the Minister of Interior,

ç) “Ministry” shall mean the Ministry of Interior,

d) “Applicant” shall mean the person who has applied for international protection and about whom a final decision has not been made yet,

e) “Child” shall mean the person, who has not completed the age of eighteen and who has not been major yet,

f) “Sponsor” shall mean the Turkish citizen who undertakes the expenses of foreigners coming to Turkey for the purpose of family unity and who has been shown as base by the persons who made application for residence permit, or a foreigner who has been present legally in Turkey,

g) “General Director” shall mean General Director of Migration Management,

ğ) ”General Directorate” shall mean the General Directorate of Migration Management,

h) “Control of entry and exit” shall mean control procedures at border gates,

ı) “Migration” shall mean regular migration which denotes entry into, staying in and exit from Turkey of foreigners through legal ways and mean irregular migration which denotes entry into, stay in, exit from Turkey and working without permission of roreigners in Turkey, and international protection,

i) “Residential address” shall mean the place that has been recorded in the Address Based Registration System in Turkey,

j) “Residence permit” shall mean the permit certificate granted so as to reside in Turkey,

k) “Consulate” shall mean Consulate Generals, Consulates or Consulate Branches of Embassies of the Republic of Turkey,

l) “Person Having Special Needs” shall mean a child without attendance, disabled, elderly, pregnant, single mother or father accompanied with a child, or a person who has been subjected to torture, sexual assault or other serious psychological, physical or sexual violence, who is among the applicants and persons that are holder of international protection status,

m) ”Child Without Attendance” shall mean the child who comes to Turkey without attendance of an adult who is responsible from him/her by operation of law or as a necessity of custom or has become without attendance after entering into Turkey, as long as he or she has not been taken under effective care of a responsible person,

n) “Travel Document” shall mean the document which substitutes for a passport,

o) ”Border Gate” shall mean the border crossing point determined for entry into and exit from Turkey by a Decision the Council of Ministers,

ö) “Final Decision” shall mean the decision which has been rendered by General Directorate in case where has not been made any administrative objection or not been applied to jurisdiction or the decision of which its appeal has not been possible as a result of application to jurisdiction, of the decisions related to the application of the applicant of the status of the holder of international protection status,

p) “Convention” shall mean the Convention Relating to the Legal Status of Refugees dated July 28, 1951, which has been amended by the Protocol of 1967 Relating to the Legal Status of Refugees,

r) “International Protection” shall mean the status of refugee, conditional refugee or secondary protection,

s) “Country which he/she has been citizen of” shall mean the country of which the foreigner is a citizen or in cases where the foreigner possesses more than one nationality, any one of the countries of which the foreigner is a citizen,

ş) “Stateless person” shall mean the person who has no citizenship bond with any state and who is considered as foreigner,

t) “Visa” shall mean the permission which authorizes staying in Turkey up to ninety days at the furtest, or providing transit pass through Turkey,

u) “Visa Exemption” shall mean the regulation removing the necessity of providing visa,

ü) “Foreigner” shall mean the person who has no citizenship bond with the State of the Republic of Turkey,

v) “Foreigner Identification Number” shall mean the identification number given to foreigners pursuant to the Law on the Civil Registration Services dated April 4,2006 and numbered 5490.

 

CHAPTER TWO
Prohibition of Repatriation

Prohibition of repatriation

ARTICLE 4 – (1) No any one who has been under the scope of this Act shall be sent to a place where he or she may be subject to torture, inhumane or degrading punishment or treatment, or where his or her life or freedom may be under threat on account of his or her race, religion, nationality, membership of a certain social group or political opinions.

 

PART TWO
Foreigners

CHAPTER ONE
Entry into Turkey and Visa

Entry into and exit from Turkey

ARTICLE 5- (1) Entry into and exit from Turkey, shall be conducted through border gates with valid passports or documents which substitutes for passport.

 

Document controls

ARTICLE 6- (1) A foreigner shall be obliged to show his or her passport or document or documents which substitute for passport to the officials during entry into or exit from Turkey.

(2) Document controls concerning border crossings may also be performed in vehicles en route.

(3) Foreigners who use the transit areas of airports, may be subject to control by competent authorities.

(4) During entry into Turkey, there shall be controlled whether a foreigner has been under the scope of the Article 7 or not.

(5) In the implementation of this Article, those who have been deemed to be subject to comprehensive control may be made waited for four hours at the utmost. As the foreigner may return to his or her country at any time during this period, he or she may also wait completion of procedures related to his or her acceptance into the country unless being limited to four-hour time period. Procedures and principles related to comprehensive controls shall be determined by a by-law.

 

Foreigners whose entry into Turkey not to be permitted

ARTICLE 7- (1) Foreigners in the following, shall not be permitted to enter into Turkey and shall be turned away in case;

a) Those it has been appeared that the passport, document which substitutes passport, visa or residence permit or work permit of has been absent and those who acquired these documents through fraudulent ways or they have been counterfeit,

b) Those who do not have a visa, visa exemption or a passport or a document which substitutes for passport having at least the period of sixty days starting from the expiry of the residence permit period,

c) Provided that the second paragraph of the Article 15 has been reserved, foreigners been counted at the first paragraph of the Article 15, even though they have been within the scope of visa exemption.

(2) Procedures performed related to this Article, shall be notified to the foreigners who have been turned away. There shall also be included in the notification that how they will able to exercise effectively their rights of objection against the decision and other rights and responsibilites of them in this process.

 

Implementation related to application for international protection

ARTICLE 8- (1) Conditions stipulated in the Articles 5, 6 and 7, shall not be interpreted or implemented in such a way to prevent making application for international protection.

 

Ban of entry into Turkey

ARTICLE 9- (1) The General Directorate may prohibit entry of the foreigners who have been outside Turkey and whose entry into Turkey has been found objectionable on grounds of public order or security or public health, by obtaining the opinions of public institutions and organizations concerned when necessary.

(2) Entry of foreigners into Turkey who have been deported from Turkey shall be prohibited by the General Directorates or governorates.

(3) The ban of entry into Turkey shall be five years at the utmost . However, in case there has been a serious threat with regards to public order and public security, this period may be increased for ten years more at the utmost by the General Directorate.

(4) The period of the ban of entry of foreigners whose period of visa and residence permit expired and being applied to the governorates in order to exit from Turkey before these conditions of them have been detected and about whom deportation decision have been taken, shall not exceed one year.

(5) There may not be taken decision of the ban of entry about the persons who leave the country in the specified time period, from those who have been invited to Turkey pursuant to the Article 56,

(6) The General Directorate may remove the ban of entry or temporarily allow the foreigner to enter to Turkey for a certain time period provided that the ban of entry is reserved.

(7) There may be bound admission of certain foreigners into the country to a condition of a prior permission of the General Directorate on account of public order or security.

 

Notification of ban of entry into Turkey

ARTICLE 10- (1) Notification regarding the ban of entry to the foreigners who have been under the scope of the first paragraph of the Article 9 shall be made by the competent authority at the border gates when they arrive in order to enter Turkey; and by the governorates to the foreigners who have been under the second paragraph of the Article 9. There shall also be included in the notification that how the foreigners will able to effectively exercise their rights of objection against the decision and other rights and responsibilites of them in this process.

 

Obligation of visa, visa application and competent authorities

ARTICLE 11- (1) Foreigners who will stay in Turkey up to a period of 90 days, shall come to Turkey by obtaining a visa which indicates the purpose of coming also from the consulates of the country which they are the citizens of or where they are legally present in. The duration of staying in Turkey provided by the visa or visa exemption shall not exceed 90 days within every 180 days.

(2) There must be made the applications in due form in order to be taken for assessment.

(3) Visas, shall not confer an absolute right for entering into Turkey.

(4) Visas shall be granted by consulates, or as to in exceptional situations by governorates that the border gates bound to them. Applications made to the consulates shall be finalized within ninety days.

(5) There may be granted visas to the diplomats of foreign countries ex officio by the Embassies of the Republic of Turkey. These visas, shall immediately be notified to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa giving procedure. Those visas shall not be subject to fee.

(6) There may be granted visas exceptionally to foreigners to whom visa is deemed necessary to be granted by the Embassies of the Republic of Turkey ex officio by taking into consideration of the national interest of Turkey. Visas granted for this purpose, shall immediately be notified to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa giving procedure. Those visas shall not be subject to fee.

(7) Principles and procedures related to visa types and transactions shall be determined by a by-law.

 

Visa exemption

ARTICLE 12- (1) There shall not be required visa requirement while entering into Turkey from the foreigners mentioned below:

(a) The citizens of the countries which held exempted from visa pursuant to conventions to which the Republic of Turkey is a party or by a decision of the Council of Ministers,

(b) Those who possess a valid residence or work permit as of the date to be entered into Turkey,

(c) Those who are holder of a passport given pursuant to the Article 18 of the Passport Law dated July 15,1950 and numbered 5682, which stamped 'specific to foreigners' and has not lost its validity yet,

(ç) Those who are understood that they have been within the scope of the Article 28 of the Turkish Citizenship Act dated May 29,2009 and numbered 5901.

(2) There may not be required a visa while entering into Turkey from the foreigners mentioned below:

(a) The persons who will disembark at the port city from among the foreigners that have been on vehicles which obliged to use Turkish air and sea ports owing to force majeure,

(b) The persons who arrive at sea ports and will visit the port city or nearby provinces for touristic purpose, provided that their staying will not exceed seventy two hours.

 

Visas granted at border gates

ARTICLE 13- (1) There may be granted a visa at border gates to foreigners exceptionally who arrive at border gates without having obtained visa in case where they certified that they will depart from Turkey in due of time.

(2) Border visas shall be granted by governorates to whom the border gates bound. The governorate may transfer this authority to the law-enforcement unit having duty at the border. This visa shall provide to stay for a maximum duration of 15 days in Turkey, unless a different time period is designated by the Council of Ministers.

(3) There may not be required medical insurance condition in being given border visa on account of humanitarian reasons.

 

Airport transit visas

ARTICLE 14- (1) There may be brought transit visa condition to foreigners who will pass in transit through Turkey. Airport transit visas shall be granted by the Consulates so as to be used within a period of six months at the utmost.

(2) Foreigners whom will be required airport transit visa from, shall be determined jointly by the Ministry and the Ministry of Foreign Affairs.

 

Foreigners to whom visa can not be granted

ARTICLE 15- (1) There shall not be given to the foreigners mentioned below:

a) Those who do not possess a passport or a document which substitutes for passport that having a time period at least sixty days longer than the visa period which they have requested,

b) Those entry of them prohibited into Turkey,

c) Those considered objectionable with regard to public order or public security,

ç) Those carrying one of diseases that is identified as a threat to public health,

d) Those who are accused or convicts of a crime or crimes which form a basis to extradition pursuant to the treaties to which the Republic of Turkey is a party,

e) Those who do not have a valid medical insurance covering the period they will stay,

f) Those who cannot base the purpose of entereng into, passing in transit or staying in Turkey on justified reasons,

g) Those who do not have sufficient and regular financial opportunity for the period they will stay,

ğ) Those who do not accept to pay the credits arising from a violation of visa or previous residence permit or the credits which must be followed up and collected pursuant to the Law on the Procedure of Collection of Public Credits dated July 21,1951 and numbered 6183 or debts or penalties to be followed up pursuant to the Turkish Penal Code dated June 26,2004 and dated 5237.

 

Cancellation of visa

ARTICLE 16- (1) Visas, shall be cancelled in case where:

a) It has been subject to forgery,

b) It has been understood that an erasure, scraping or alteration has been made on it,

c) It has been prohibited entering of visa owner into Turkey,

ç) There has been strong suspicion that the foreigner may commit a crime,

d) The passport or the document which substitute for passport has been counterfeit, or its validity expired,

e) The visa and visa exemption has been used for the wrong purposes,

f) It has become evident that the conditions and documents which have been as basis in being granted of visa,

by the authorities or governorates which grant visa.

(2) In case a deportation decision is taken related to the foreigner within the validity period of visa, the visa shall be cancelled.

 

Notification of visa transactions

ARTICLE 17- (1) Transactions regarding refusal of a visa request or cancellation of a visa shall be notified to the person concerned.

 

Authority of the Council of Ministers in transactions related to visas and passports

MADDE 18- (1) The Council of Ministers is entitled:

a) To enter into agreements for determining procedures related to passport and visa and to remove unilaterally the requirement of visa for the citizens of certain states when it deemed necessary, to bring visa easiness including exemption of visas from fees, and to determine the duration of visas,

b) In cases of war or other extraordinary circumstances, to set certain restrictions and conditions concerning passport so as to cover a region or the whole of the country,

c) To take all kinds of measures restricting or binding to certain conditions of enry into Turkey of foreigners.

 

CHAPTER TWO
Residence

Residence permit

ARTICLE 19- (1) It is an obligation to obtain residence permit for foreigners who will stay in Turkey longer than the period which visa or exemption from visa allotted or more than ninety days. Residence permit shall lose its validity if not started to be used within six months.

 

Exemption from residence permit

ARTICLE 20- (1) Foreigners mentioned below shall be exempt from the residence permit:

a) Those who arrive with a visa having a period of up to ninety days or with visa exemption, during the period of the visa or visa exemption,

b) Those who possess a Stateless Person Identity Certificate,

c) Officials of diplomacy and consulates assigned in Turkey,

ç) Those whose names have been reported from among the families of the officials of diplomacy and consulates assigned in Turkey,

d) Those who work in the agencies located in Turkey of the international organizations and whose statuses are determined pursuant to agreements,

e) Those who have been held exempt from residence permits through agreements to which the Republic of Turkey is a party,

f) Those who have been within the scope of the Article 28 of the Law numbered 5901,

g) Those who possess documents that are within the scope of seventh paragraph of the Article 69 and the first paragraph of the Articles 76 and 83.

(2) There shall be drawn up a document which its content to be determined jointly by the Ministry and the Ministry of Foreign Affairs for the foreigners who have been specified at (c), (ç), (d) and (e) subparagraphs of the first paragraph. If those foreigners will also continue to stay in Turkey after the termination of their statuses which grants them exemption from the residence permit, they are obliged to apply to the governorates in order to obtain residence permit within ten days at the latest.

 

Application for residence permit

ARTICLE 21- (1) Residence permit application shall be made to the consulates of the country which the foreigner is a citizen of or where he/she is legally present in.

(2) There may be required from foreigners who will apply for a residence permit the condition of possessing a passport or a document which substitutes passport with a period of at least sixty days longer than the period of residence permit which they requested.

(3) If the information and documents required for the application have been incomplete, the evaluation of the application may be postponed until the deficiencies are completed. The information and documents deficient shall be notified to the person concerned.

(4) Consulates shall forward the residence permit applications to the General Directorate together with their opinions. The General Directorate shall inform the consulate in order the residence permit to be drawn up or the application to be rejected, after concluded the aplications by also taking into consideration the opinions of the relevant institutions when deemed necessary.

(5) Applications shall be finalized within 90 days at the latest.

(6) Transactions concerning the rejection of the application for residence permit, shall be notified to the person concerned.

 

Applications for residence permit which can be made in Turkey

ARTICLE 22- (1), The applications for residence permit, may exceptionally be made to the governorates in the following circumstances:

a) When requested or decided by administrative or judicial authorities,

b) In cases where leaving of the foreigner from Turkey has not been reasonable or possible,

c) For long-term residence permits,

ç) For student residence permits,

d) For humanitarian residence permits,

e) For residence permits related to the victims of human trafficking,

f) In transitions from family residence permit to a short-term residence permit,

g) In the applications to be made by a mother or father possessing residence permit in Turkey

for their children who are born in Turkey,

ğ) In the applications to be made so as to obtain a residence permit convenient for the new staying purpose since the ground that has been as basis in being given of the residence permit ceases to exist or undergoes a change,

h) In the applications of residence permits to be made within the scope of the second paragraph of the Article 20,

ı) In transitions to short-term residence permit of those who have completed their higher education in Turkey.

 

Drawing up and form of residence permits

ARTICLE 23- (1) Residence permits, shall be drawn up for a period of sixty days shorter than the period of the validity of passport or document which substitutes passport, depended upon staying purpose and separately for each foreigner.

(2) While the form and content of the residence permit shall be determined by the Ministry, the form and content of the work permit which substitutes for a residence permit, shall be determined by the Ministry and the institutions concerned together.

 

Extension of residence permits

ARTICLE 24- (1) Residence permits may be extended by the governorates.

(2) Applications for the extension of residence permits shall be made to governorates beginning from the time that remained 60 days to the expiration of the period of the residence permit and in any case before the expiration of the period of the residence permit. There shall be given a document which is not subject to charge to those who made application for extension of residence permit. Such foreigners may reside in Turkey with that document until a decision is made about them even though periods of their residence permits have expired.

(3) The extended residence permits, shall be commenced from the date on which their legal periods of permission end.

(4) Applications for extension of residence permits shall be concluded by the governorates.

 

Rejection of residence permit application made from within Turkey, cancellation or non-extension of residence permits

ARTICLE 25- (1) Rejection of a residence permit application made from within Turkey, non-extension or cancellation of the residence permit and notification of these transactions shall be made by the governorates. During these transactions, issues such as the family links in Turkey, duration of residence, the situation in the country of origin of the foreigner and the best interest of the child shall be taken into consideration and the decision concerning the residence permit may be postponed.

(2) The rejection of the residence permit application, non extension or cancellation of the permit, shall be notified to the foreigner or his or her legal representative or lawyer. In the notification, there shall be written how the foreigner can effectively exercise his or her rights of objection against the decision and his or her other legal rights and obligations in this process also.

 

Other provisions related to residence permits

ARTICLE 26- (1) The periods which spent by foreigners who have been as datainee or convict in prisons or in repatriation centers under administrative detention shall not be considered violation of the period of the residence permit. Residence permits of these persons may be cancelled, if there is any. Of those who do not have a foreigner identity number, there may be granted one without requiring the condition of residence permit.

(2) Foreigners who come to Turkey by obtaining residence and work permits from consulates, shall be obliged to make their registrations to the Address Based Registration System within twenty work days at the latest beginning from the date of entry.

 

Deeming of work permit as a residence permit

ARTICLE 27- (1) Work Permit Confirmation of Exemption Certificate granted pursuant to a valid work permit and the 10 th Article of the Law on Work Permits of Foreigners dated February 27,3003 and numbered 4817, shall be regarded as a residence permit. There shall be collected from the foreigners to whom a valid work permit or a Work Permit Confirmation of Exemption Certificate granted, a residence permit fee as much as the time of work permit according to the Law on Fees dated July 2,1964 and numbered 492.

(2) In order to be given work permit or to be extended permit, the foreigner shall be required not to be included within the scope of the Article 7.

 

Interruption in residence

ARTICLE 28- (1) There shall be deemed an interruption of residence staying outside Turkey for a period exceeding six months in total in a year and exceeding one year in total within the last five years except compulsory public service and reasons of education and health, in the application of the provisions of this Act. In the applications of residence permit or transitions into another residence permit of the persons whose residence periods interrupted, the previous permit periods shall not be taken into consideration.

(2) In the calculation of the uninterrupted residence permit periods, while counted half the periods of student residence permits, the whole of other residence permits shall be counted.

 

Transitions in residence permits

ARTICLE 29- (1) Foreigners, may make request for residence permit which is convenient to the new staying purpose, in case the reason which is as basis in being given of the residence permit terminated or appeared a different reason,

(2) Procedures and principles relating to transitions between residence permits shall be determined by a by-law.

 

Types of residence permits

ARTICLE 30- (1) Types of residence permits shall be as the following:

a) Short-term residence permit,

b) Family residence permit,

c) Student residence permit,

ç) Long-term residence permit,

d) Humanitarian residence permit,

e) Residence permit granted to the victims of human trafficking.

 

Short-term residence permit

ARTICLE 31 – (1) There may be granted short-term residence permit to the foreigners mentioned below:

a) Those who will come for the purpose of scientific research,

b) Those who own immovable property in Turkey,

c) Those who will establish commercial connection or business,

ç) Those who will participate in in-service training programs,

d) Those who will come for educational or similar programs within the frame of student exchange programs or agreements to which the Republic of Turkey is a party to,

e) Those who will stay for tourism purposes,

f) Those who will receive medical treatment, provided that they do not carry one of the diseases been specified as a threat for public health,

g) Those who are required to stay in Turkey depending on request or decision of judicial or administrative authorities,

ğ) Those who pass to short-term residence permit from family residence permit,

h) Those who will attend to the courses of learning Turkish,

ı) Those who will participate in education, research, apprenticeship or courses through the instrument of public institutions,

i) Those who will apply within six months from graduation of those who completed their higher education in Turkey.

(2) Short-term residence permits may be granted with maximum period of one year each at every turn.

 

Conditions of short term residence permit

ARTICLE 32 – (1) The following conditions shall be applied in granting short-term residence permits:

a) To make a request, claiming one or more of the grounds stipulated in paragraph one of the Article 31 and submit the information and documents regarding that application of him/her,

b) Not to be included within the scope of the Article 7,

c) To possess sheltering conditions conforming to general health and safety standards,

ç) To present criminal record certificate drawn up by the competent authorities of the country which he/she is a citizen of or where he/she resides legally, in case it has been requested,

d) To submit the information of address at which he or she will stay in Turkey.

 

Refusal, cancellation or non-extension of short-term residence permit

ARTICLE 33 – (1) In the following cases, a short-term residence permit shall not be granted, shall be cancelled if there has been granted, and shall not be extended when:

a) not performed or disappeared one or more of the conditions stipulated in the Article 32,

b) determined that the residence permit has been used for the purposes other than those for which it has been granted,

c) has been lived abroad for longer than a period of a hundred and twenty days in total during the last one year,

ç) there has been a valid deportation order and ban of entry into Turkey about him/her.

 

Family residence permit

ARTICLE 34 – (1) There may be granted family residence permit every time so as not to exceed two years to;

a) the spouse who is a foreigner,

b) the child who is a foreigner and not major of himself/herself or his/her spouse,

c) dependent child who is a foreigner of himself/herself or his/her spouse,

of each of Turkish citizens, persons who are within the scope of the Article 28 of Law № 5901 or foreigners having one of the residence permits and refugees as well as the owners of subsidiary protection. However, the period of family residence permit cannot not exceed the duration of the sponsor’s residence permit in any way.

(2) In cases of a polygamous marriage pursuant to the law of the country which has been citizen of, there may be granted a family residence permit to only one of the spouses. However, a family residence permit may also be granted to the foreigner’s children who are from other spouses.

(3) There shall be required the consent of mother or father who possess joint custody outside Turkey if there is any, for family residence permits to be granted to children,

(4) Family residence permits shall ensure the holder right of education in primary and secondary educational institutions until the age of 18 without obtaining a student residence permit.

(5) If there have been requested by the persons completed the age of 18 from those who stayed in Turkey with a family residence permit for at least three years, those permits of them may be transferred to a short-term residence permit.

(6) In the event of divorce, a short-term residence permit may be granted to a spouse who is a foreigner and married to a Turkish citizen, provided that he or she stayed with a family residence permit for at least three years. However, if it has been proved by the decision of relevant court that the spouse who is a foreigner has been victim for the reason of domestic violence, the condition of three years’ period shall not be sought.

(7) In the event of the sponsor’s death, there may be granted a short-term residence permit unless required time period condition to those who stayed with the family residence depended upon that person.

 

Conditions of family residence permit

ARTICLE 35 – (1) In requests of family residence permits, the following conditions shall be required of the sponsor:

a) to have a monthly income not less than one third of the minimum wage per each family member, provided that his or her the total income is not less than the minimum wage,

b) to possess accommodation conditions appropriate to general health and safety standards according to the number of family members and have medical insurance made covering all family members,

c) to certify not having himself/herself been convicted of any crime against family order within five years as of the date application through a criminal record certificate,

ç) to have been staying in Turkey for at least one year with a residence permit,

d) to have been registered in the Address Based Registration system.

(2) Subparagraph (ç) of the first paragraph shall not be applied to those having residence permit or work permit with the purpose of scientific research, who are within the scope of the Article 28 of Law numbered 5901 or the foreigners who are married to Turkish citizens.

(3) The following conditions shall be required on foreigners who will make request for a family residence permit so as to stay with a sponsor in Turkey:

a) to submit information and documents indicating that they are within the scope of paragraph one of the Article 34,

b) to set forth that he/she lives or bears intention to live with the persons specified in the paragraph one of the Article 34 together,

c) not to have made marriage in order to be able to obtain a family residence permit,

ç) to be completed eighteen years of age for each spouse,

d) not to be included within the scope of the Article 7,

(4) The conditions defined in the first paragraph of this Article, may not be required on refugees and owners of subsidiary protection who are in Turkey.

 

Refusal of request, cancellation or non-extension of family residence permit

ARTICLE 36 – (1) In the following cases, a family residence permit shall not be granted, shall be cancelled if there has been granted, and shall not be extended when:

a) the conditions stipulated in the first and third paragraphs of the Article 35 not met or disappeared,

b) short-term residence permit not given after conditions of obtaining family residence permit disappeared,

c) there has been a valid deportation order and ban of entry into Turkey about him/her,

ç) determined that the residence permit has been used for the purposes other than those for which it has been granted,

d) has been lived abroad for longer than a period of a hundred and eighty days in total during the last one year.

 

Family residence permit requested by way of arranged marriage

ARTICLE 37 – (1) If there is a reasonable doubt before a family residence permit to be granted or extended, it shall be investigated by the governorates whether the marriage have been made solely in order to be able to obtain a family residence permit or not. In case determined as a result of investigation that marriage has been made for that purpose, family residence permit shall not be granted, shall be cancelled if granted.

(2) There may also be carried out inspections by governorates after family residence permit has been granted in the matter of whether the marriage has been an arranged one or not.

(3) Residence permits obtained through arranged marriage and cancelled later, shall not taken into account in summing up of residence periods stipulated in this Act.

 

Student residence permit

ARTICLE 38 – (1) There shall be granted student residence permit to foreigners who will have an education of an associate, undergraduate, graduate or postgraduate program in a higher education institution in Turkey.

(2) There may be granted to foreigners who will receive primary and secondary education and whose care and expenses shall be covered by a natural or legal person, student residence permit with one year’s periods and it may be extended throughout the course of their education with consent of their parents or legal representatives.

(3) The student residence permit shall not ensure any right to the parents and other relatives of the foreigner in the subject of obtaining residence permit.

(4) If the period of education is shorter than one year, the period of the student residence permit shall not exceed the period of education.

 

Conditions of student residence permit

ARTICLE 39 – (1) The following conditions shall be required for student residence permit:

a) To submit the information and documents that are within the scope of the Article 38,

b) Not to be included within the scope of the Article 7,

c) To submit information of address to be stayed in Turkey.

 

Refusal of request, cancellation or non-extension of student residence permit

ARTICLE 40 – (1) In the following cases, a student residence permit shall not be granted, shall be cancelled if there has been granted, and shall not be extended when:

a) the conditions stipulated in the first and third paragraphs of the Article 35 not met or disappeared,

b) appeared evidences in the matter that the education can not to be continued,

c) determined that the student permit has been used for the purposes other than those for which it has been granted,

ç) there has been a valid deportation order and ban of entry into Turkey about him/her.

 

TRANSLATION OF OTHER ARTICLES WILL CONTINUE