Research Directorate, Immigration and Refugee Board of Canada

1. Types of Residence Permits

According to the government of Canada's website on consular services for Canadians in Turkey, an individual who plans "to stay in Turkey for more than 90 days within a 180-day period … must get a Turkish residence permit" (Canada 3 June 2019). Article 19 of Turkey's Law on Foreigners and International Protection provides the following: "Foreigners who would stay in Turkey beyond the duration of a visa or a visa exemption or, [in any case] longer than ninety days should obtain a residence permit. The residence permit shall become invalid if not used within six months" (Turkey 2013, square brackets in original). Article 30 of the same law lists the following types of residence permits:

…

a) short-term residence permit;

b) family residence permit;

c) student residence permit;

ç) long-term residence permit;

d) humanitarian residence permit;

e) victim of human trafficking residence permit. (Turkey 2013)

In addition, article 25(1) of the Implementing Regulation on the Law on Foreigners and International Protection provides that work permits "shall be deemed as residence permits as long as they are valid" (Turkey 2016).

The Government of Canada's website on consular services for Canadians in Turkey states that "Turkish authorities do enforce the laws, including those stipulating fines, deportation, and bans on future travel to Turkey for people who overstay their visas or do not maintain valid residency permits" (Canada 3 June 2019).

1.1 Short-Term Residence Permit

Article 31(1) of the Law on Foreigners and International Protection provides that a short-term residence permit may be granted 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.

j) … does not work in Turkey but will make an investment within the scope and amount that shall be determined by the Council of Ministers, and their foreign spouses, his and her minor children or foreign dependent children. [as amended by Law 6735 of 2016]

k) … is [a] citizen of [the] Turkish Republic of Northern Cyprus. [as amended by Law 6735 of 2016] (Turkey 2013)

The same article provides the following regarding the period of validity of short-term residence permits:

…

(2) … Short-term residence permits shall be issued with maximum two year duration at a time with the exception of (j) and (k) subparagraphs of the first paragraph. [as amended by Law 6735 of 2016]

(3) Residence permits within the scope of subparagraph (h) of the first paragraph shall only be issued twice.

(4) Residence permits within the scope of subparagraph (i) of the first paragraph shall only be issued once with maximum one year duration.

(5) … The residence permits granted within the scope of (j) and (k) subparagraphs of the first paragraph shall only be issued with maximum 5 year duration. [as amended by Law 6735 of 2016] (Turkey 2013)

Article 29 of the Implementing Regulation of the same law states that the permit is subject to rejection, cancellation and non-renewal if the holder stays abroad for more than 120 days in a year, "except for mandatory public service, duty, education or health reasons" (Turkey 2016, Art. 29(1)(c)).

1.2 Family Residence Permit

Article 34(1) of the Law on Foreigners and International Protection provides the following:

(1) A family residence permit for a maximum duration of three [1] years at a time may be granted to the:

a) foreign spouse;

b) foreign children or foreign minor children of their spouse;

c) dependent foreign children or dependent foreign children of their spouse; of Turkish citizens, persons within the scope of Article 28 of Law N 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)

Article 35(1)(ç) of the same law lists the sponsor "residing in Turkey for at least one year on a residence permit" as a condition for family residence permit applications (Turkey 2013). The sponsor must also "have a monthly income in any case not less than the minimum wage in total corresponding not less than one third of the minimum wage per each family member" (Turkey 2013, Art. 35(1)(a)).

According to Rota Danışmanlık, an Istanbul-based company that "provide[s] consultancy services to foreign personnel or corporations in obtaining a residence and work permit in [T]urkey, and in extending the[ir] current residence permits" (Rota Danışmanlık n.d.a), "[f]oreign nationals that get married [to a Turkish citizen] in Turkey may apply for a family residence permit once the registrations with the civil registry office are completed" (Rota Danışmanlık n.d.b). The same source states that those married [to a Turkish citizen] outside of Turkey must apply for a family residence permit at a "Turkish [consular] representative offic[e]" in that country (Rota Danışmanlık n.d.b). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.2.1 Change of Family Situation

On the issue of family residence permit transfers, Article 30 of the Implementing Regulation on the Law on Foreigners and International Protection provides the following:

…

(6) Persons who stay in Turkey with [a] family residence permit for at least three years and are over eighteen may transfer to [a] short-term residence permit or lodge [an] application, upon request, for another residence permit, conditions of which they meet.

(7) In case of divorce, [a] short-term residence permit may be granted to a foreigner, who was married to a Turkish citizen, on condition that they stayed with family residence permit for at least three years. Aforementioned foreigner’s right to lodge

[an] application for another residence permit, conditions of which he/she meets, shall be reserved.

(8) Short-term residence permit may be granted to a foreigner spouse without seeking the three-year period condition on [the] condition that the spouse would present a court decision related to him/her being a victim of domestic violence.

(9) In case of the sponsor's death, [a] family residence permit obtained depending on the sponsor shall be used until the end of family residence permit. Short-term residence permit may be granted without seeking a condition of duration. At the end of this period, [the] foreigner's residence permit request shall be evaluated pursuant to general provisions. (Turkey 2016)

1.2.2 Student Holders of Family Residence Permits

Article 34(4) of the Law on Foreigners and International Protection provides the following: "Family residence permits shall entitle the holder right of education in primary and secondary educational institutions until the age of 18 the [sic] without obtaining a student residence permit" (Turkey 2013, Art. 34(4)). Article 30(5) of the regulation of the same law provides the following:

Foreigners, who are not dependent [on] their legal representative even though they are over eighteen, shall be obligated to obtain student residence permit, if they would continue their education. However, family residence permit of foreigners, who are dependent to their legal representative, shall continue and they shall benefit from the rights derived from student residence permit. (Turkey 2016)

According to Article 33 of the same regulations, this permit type "shall not be granted, shall be canceled if granted and shall not be renewed" if the permit holder lived outside of Turkey for more than 120 days during the preceding year, unless the absence was for "mandatory public service, duty, education or health reasons" (Turkey 2016, Art. 33(1)(d)).

1.3 Student Residence Permit

Article 38(1) of the Law on Foreigners and International Protection provides the following:

(1) 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.

(2) 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.

(3) 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.

(4) 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.

(5) … To foreigners who shall receive an education in Turkey by coming via state institutions and organizations, a residence permit may be granted during their study period. [as amended by Law 6735 of 2016] (Turkey 2013)

Article 37 of the Implementing Regulation on the Law on Foreigners and International Protection adds the following:

(1) A residence permit shall be issued, for a maximum of one year from the beginning of the period of study until the beginning of the following academic year, for students who would receive education at primary and secondary schools.

(2) The residence permit may be issued to foreigners who would attend an associate, undergraduate or graduate (master's and doctoral) program in a higher education institution in Turkey in a manner that it would cover the whole period of study as of the date of residence permit application. The residence permit of the students who cannot graduate within the stipulated time shall be extended up to a maximum of one year and in a manner that it would not exceed the maximum period of study. Residence permits of students who have graduated shall be ended … (Turkey 2016)

Article 11(ç) of the same regulation also state that an education visa "shall be issued to foreigners, who wish to arrive in Turkey for the purpose of education, training, internships, courses, student exchange programs, Turkish language courses" (Turkey 2016). Article 12(1) states that "[v]isa applications shall be lodged at the consulate, where [the] foreigner is a citizen or legally reside[s]. Applications may also be received electronically" (Turkey 2016).

Article 38 of the Implementing Regulation on the Law on Foreigners and International Protection provides the following regarding the right of student holders of residence permits to work:

(1) Master's and doctoral students studying in Turkey may work provided that they obtain a work permit.

(2) The total duration of work permits granted to students shall be added to the total duration of residence permits. The duration of student residence permits valid for the same period shall not be added to the computation.

(3) Students who have been granted a work permit shall be exempted from obtaining student residence permit as long as the work permit is valid. However, the foreigner shall obtain student residence permit when his/her work permit expires. (Turkey 2016)

However, article 41(1) of the Law on Foreigners and International Protection states the following:

[Foreign] students attending a formal associate, undergraduate, graduate or postgraduate programme in Turkey may work provided that they obtain a work permit. However the right of work for associate or undergraduate students starts after the first year [of their study] and is regulated by related law. (Turkey 2013, square brackets in original)

The Implementing Regulation on the Law on Foreigners and International Protection provides that the student residence permit will be cancelled if the student suspends or discontinues their studies (Turkey 2016, Art. 35(12)-(13)).

1.4 Long-Term Residence Permit

Article 43(1) of the Law on Foreigners and International Protection provides the following:

(1) With regard to the issuing [of the] long-term residence permit the following conditions shall apply:

a) having continues [sic] 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)

However, article 42(2) of the same law states the following: "Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under temporary protection or humanitarian residence permit holders are not entitled to the right of transfer to a long-term residence permit" (Turkey 2013). Article 40(1) of the Implementing Regulation on the Law on Foreigners and International Protection states that the long-term residence permit is issued for an "indefinite period of time" (Turkey 2016).

Article 42 of the Implementing Regulation on the Law on Foreigners and International Protection stipulates the following regarding cancellation of the long-term residence permit:

(1) Long-term residence permit of those who are determined to pose a serious threat to public order or public security in consultation with relevant security units shall be canceled.

(2) Long-term residence permit of those who have been staying out of Turkey continuously for more than one year for reasons other than health, education or compulsory public service in his/her country shall be canceled.

… (Turkey 2016)

Article 43 of the same regulation provides the following regarding re-application by those whose long-term residence permit has been cancelled:

(1) Foreigners whose residence permit ha[s] been canceled due to their stay out of Turkey continuously for more than one year for reasons other than health, education or compulsory public service may reapply for this permit.

(2) Applications shall be lodged, in person or in compliance with the application procedures stipulated by the Directorate General, to consulates outside of Turkey and to the governorate where the foreigner resides.

(3) Priority shall be given to the assessment of these applications and the assessments shall be finalized no later than within one month.

(4) The following issues regarding the foreigner shall be taken into account in assessments:

a) His/her will of staying in Turkey to settle in the country,

b) Whether his/her relatives are in Turkey or nor,

c) His/her immovable property,

ç) Active business and work relations,

d) His/her social, economic and cultural ties with Turkey.

(5) Whether the requirement of obtaining long-term residence permit has been fulfilled shall be checked. However, the requirement of staying continuously in the country for eight years on a permit shall not be sought.

(6) The assessment carried out by the governorates shall be submitted to the Ministry with the opinion of the governorate. Issuing [a] long-term residence permit again shall be subject to the approval of the Ministry. (Turkey 2016)

Information on outcomes of applications to restore a long-term residence permit that had been cancelled could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

1.5 Humanitarian Residence Permit

Antalya Homes Real Estate (Antalya Homes), an "international real estate company working across the whole of Turkey" (Antalya Homes n.d.a), explains that this permit type is available to "those suffering from displacement from civil war, violation of human rights, refugees and … humanitarian situations that are approved on a case by case basis" (Antalya Homes n.d.b). Rota Danışmanlık similarly states that "[f]oreign nationals that enter in Turkey through legal means due to civil wars in their home land or in cases whenever it is mandatory for them to stay in Turkey for different reasons" may be able to get this type of permit (Rota Danışmanlık n.d.c). Article 46(1) of the Law on Foreigners and International Protection provides the following:

(1) Under 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)

According to the Asylum Information Database (AIDA), "a database managed by the European Council on Refugees and Exiles (ECRE) [2]," residence permits are not granted to "either international protection status holders or beneficiaries of temporary protection" (ECRE n.d.a). Article 83 of the Law on Foreigners and International Protection provides the following:

(1) An identity document bearing the foreigner identification number shall be issued to persons granted refugee status, with three years validity period at a time.

(2) Persons granted conditional refugee or subsidiary protection status shall be given an identity document bearing the foreigner identification number issued with one year validity period at a time.

(3) The identity documents set out in first and second paragraphs shall substitute a residence permit and shall not be subject to any fee. The Directorate General shall determine the format and content of the identity documents. (Turkey 2013)

Article 44(3) of the Implementing Regulation on the Law on Foreigners and International Protection stipulates that holders of humanitarian residence permits may apply for another residence permit if they meet the required conditions, but cannot apply for the long-term residence permit (Turkey 2016).

On the matter of issuance, renewal or cancellation of this permit type, article 44(2) of the Implementing Regulation stipulates the following:

The governorate shall assess ex officio whether the conditions constituting a basis for the permits have been removed within the duration of humanitarian residence permits and shall inform the Ministry. Humanitarian residence permit[s] shall be canceled or shall not be renewed by the governorates in cases where the compelling conditions no longer apply, subject to the approval of the Ministry. The governorate shall notify the foreigner of the decision on cancelation or renewal of the humanitarian residence permit upon approval of the Ministry at least fifteen days before the residence permit ends. (Turkey 2016)

1.6 Residence Permit for Victims of Human Trafficking

Article 48 of the Law on Foreigners and International Protection provides the following:

(1) A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims with a view to allow them to break from the impact of their [negative] experience and reflect on whether to cooperate with the competent authorities.

(2) Conditions attached to other types of residence permits shall not be sought while issuing these residence permits. (Turkey 2013)

With reference to the 30-day validity period, Article 45(1) of the Implementing Regulation on the Law on Foreigners and International Protection stipulates that "[i]t is necessary that the victim stays in a shelter or support center and participates in a support program upon his/her consent within this period" (Turkey 2016). The same article further provides that this permit will be granted without any fees (Turkey 2016, Art. 45(1)).

Article 49 of the Law on Foreigners and International Protection provides the following:

(1) The residence permit granted to allow for recovery and reflection may be renewed for six months periods for reasons of safety, health or special circumstances of the victim. However, the total duration shall not exceed three years under any circumstances whatsoever.

(2) The residence permit shall be cancelled in cases where it is determined that foreigners who are victims of trafficking or might be victims of human trafficking have re-connected with the perpetrators of the crime through their own volition. (Turkey 2013)

1.7 Work Permit as a Residence Permit

Article 27(1) of the Law on Foreigners and International Protection provides the following:

A valid work permit as well as [a] Work Permit Exemption Confirmation Document issued pursuant to Article 10 of the Law on Work Permits of Foreigners, № 4817 of 27/02/2003, shall be considered as a residence permit. … (Turkey 2013)

Article 25(3) of the Implementing Regulation on the Law on Foreigners and International Protection provides that the "[e]xpiration of the work permit shall also be the expiration of residence permit" (Turkey 2016).

2. Application Procedure

The website of the Directorate General of Migration Management indicates that "first[-time], extension or transfer applications shall be made online via e-Residence system" (Turkey n.d.a). In correspondence with the Research Directorate, a representative of Yabancılar İletişim Merkezi (YIMER 157), a telephone helpline operated by the same directorate and which provides information to foreigners on "issues such as visa, residence permit, international protection and temporary protection" (Turkey n.d.b), explained that, with the exception of the humanitarian residence permit and residence permit for victims of human trafficking, for which one "should go to the Provincial Directorate of Migration Management in person to be able to apply for these two types," "all residence permit applications can be made only on e-ikamet.goc.gov.tr, which is the official website of Migration Management" (Turkey 8 Nov. 2019). According to the same source, following the submission of the online application, all applicants or their legal representative will be required to attend an appointment booked on a date of their choosing on the e-Residence system (Turkey 8 Nov. 2019). The representative noted that the appointment booking process is different in Istanbul and Ankara because of an appointment system that automatically makes bookings; however, the source further indicated that the applicant may communicate their preferred date and have it exchanged (Turkey 8 Nov. 2019). According to the Directorate General of Migration Management, appointments are required for first time applicants and for those transferring between residence permits (Turkey n.d.a). The Government of Canada website on Consular Services for Canadians in Turkey explains that the Directorate General of Migration Management issues residence permits through Provincial Directorates of Migration Management Offices in Turkey's 81 provinces (Canada 3 June 2019). Article 21(7) of the Law on Foreigners and International Protection states that "[r]esidence permit applications could also be made by the authorized intermediary" (Turkey 2013). Article 21(1) of the Implementing Regulation on the Law on Foreigners and International Protection provides that "[f]oreigners lodging residence permit applications shall submit requested information and documents to governorates for applications within the country and to the consulates for applications abroad" (Turkey 2016). However, the YIMER 157 website states the following:

Residence permit applications are not yet received from abroad. Foreigners, whose residence permit has been expired within the period of his/her residency abroad, will be able to apply for [a] residence permit electronically after entering [Turkey] according to the visa regime between the two countries. It may also be made by a legal representative of a foreigner or by his/her attorn[e]y. However, in this case, according to Article 97 of Law No. 6458 [Law on Foreigners and International Protection], the foreigner may be asked to be present on the appointment day. (Turkey n.d.c)

In addition, article 22 of the Law on Foreigners and International Protection provides the following:

(1) Applications for residence permits may exceptionally be lodged with the governorates in [the] following cases:

a) pursuant to decisions of or requests from judicial or administrative authorities;

b) when it is not reasonable or possible for the foreigner to leave Turkey;

c) for long-term residence permits;

ç) for student residence permits;

d) for residence permits on humanitarian grounds;

e) for residence permits for victims of human trafficking;

f) while changing from a family residence permit to a short-term residence permit;

g) by either parent, holding a residence permit in Turkey, for their children born in Turkey;

ğ) for a residence permit which conforms to the new reason of stay, in cases where the reason for which the valid residence permit was issued no longer apply or has changed;

h) for residence permit applications lodged within the scope of paragraph two of Article 20 [3];

ı) when foreign students who have completed higher education in Turkey transfer to a short-term residence permit. (Turkey 2013)

2.1 Required Documents for Residence Permit Applications

According to a document available on the website of the Directorate General of Migration Management, the required documents to bring to appointments for first and transfer residence permits, including for short-term residence permits, are as follows:

Residence Permit Application Form (must be signed by the foreigner and/or his/her legal representative)

Notary public approved photocopy of passport or passport substitute document (pages containing identity information and the page containing photo and processed pages)

Four (4) pcs photos (must have been taken within the last 6 months, against a white background and biometric. … )

Declaration which states that financial capacity is to be provided sufficiently and regularly throughout the stay ([i]s declared in the [a]pplication [f]orm. Directorate may request supporting documents.)

Valid health insurance … (Turkey n.d.d, 1, 4-5, 8-9, 10-11)

Additional documents required for some permit types are provided in sections 2.1.1 to 2.1.4 of this Response.

2.1.1 Student Residence Permits

According to the document on the website of the Directorate General of Migration Management, applicants for this permit type must also submit a "[s]tudent certificate" that demonstrates that they are "entitled actively to benefit from the rights of being a student (e-signed/signed and stamped/sealed document)" (Turkey n.d.d, 5). Antalya Homes explains that the document should be a "[l]etter of acceptance from [a] Turkish educational institute mentioning [the] type of course, duration of course, starting and finishing date of course, location of the course, name of educational institute offering course, and capacity studying at course: post-graduate studies, research, internship, etc." (Antalya Homes n.d.b).

2.1.2 Long-Term Residence Permits

According to a document on the website of the Directorate General of Migration Management, additional documents to submit for this permit type are the following:

• "Photocopies of previous residence permit documents ([s]ubmission of originals, if any)";
• "Original of e-signed/signed and stamped/sealed document which shows that no social support [was] received during the last three years ([c]an be obtained from Social Help And Solidarity Foundation of Governorates/District Governorates)";
• Criminal records;
• Document demonstrating that applicant "is registered in [the] [a]ddress registration system" (Turkey n.d.d, 8- 9).

In addition, the "[p]assport or original and photocopy of passport substitute document valid at least for 6 months" requirement includes the obligation to submit "[p]hotocopies of processed pages of all passports used in entering and leaving Turkey during [the] last 8 years" (Turkey n.d.d).

2.1.3 Family Residence Permits

For family residence permits, the Directorate General of Migration Management indicates that, from the sponsor, who must "be present during application," the following additional documents must be submitted:

• "Passport or original and photocopy of passport substitute document (for refugees and persons with secondary protection status, the page of passport or passport substitute documents containing identity information and photo and processed pages)";
• "Original and photocopy of National ID Card ([i]f a citizen of Republic of Turkey)";
• "Original and photocopy of residence/work permit document, if having blue card [4], of that card, and ID card of refugee or person with secondary protection status ([i]f not a citizen of Republic of Turkey)";
• "Approved and e-signed/signed document which states that financial capacity is to be provided sufficiently and regularly throughout the stay";
• "Valid health insurance covering all family members";
• Criminal records;
• Proof of registration in the address registration system;
• In the case of the spouse of the sponsor, a "[m]arriage certificate or approved photocopy of the document";
• In cases where an applicant is a minor child, a "[p]arental consent declaration in case of absence of either mother or father (in case of death[,] other spouse must present death certificate"; in the case of divorce, a guardianship document; and, in cases in which the "mother and father cannot be determined from passports or passport substitute documents or national identity cards, a birth certificate is requested" (Turkey n.d.d, 10-15).

2.1.4 Residence Permits for Victims of Human Trafficking

Article 45(4) of the Implementing Regulation on the Law on Foreigners and International Protection provides the following:

When issuing [a] victim of human trafficking residence permit, conditions attached to other types of residence permits such as valid passport, visa, means of livelihood, address registration, medical insurance, and absence of a deportation decision or entry ban to the country shall not be sought. (Turkey 2016)

Further information, including on any documents required to obtain this type of permit, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2.1.5 Other Categories of Short-Term Residence Permits

Further information on documents required to apply for residence permits, including for specific categories of short-term residence permits such as foreigners who own real estate or who seek to establish a business in Turkey, is provided in the document available on the website of the Directorate General for Migration Management, which is attached to this Response (Attachment 1).

3. Finalization of New Residence Permit Applications

Article 22 of the Implementing Regulation on the Law on Foreigners and International Protection provides the following:

(1) The foreigner shall be notified about the missing or required complementary information and documents during application. The application shall be removed from the process, if the information and documents cannot be presented within thirty days as of the date of notification.

(2) Residence permit applications shall be finalized latest within ninety days as of the initiation of application process. [The] [n]inety-day period shall start on the delivery date of information and documents in full to competent authorities. The foreigner shall be informed in case the period is extended.

… (Turkey 2016)

On the entry and exit requirements for applicants awaiting the issuance of their residence permit, article 21(9)(d) of the same regulation stipulates the following:

(d) Except for foreigners, whose exemption from [the] fee has been documented, foreigners may exit from border gates multiple times and shall be exempted from visa requirements during their entry into the country, if they return within fifteen days each time without waiting for the finalization of their residence permit applications on condition that they prove the residence fees and are within the residence permit duration they requested. In case they exceed the fifteen-day limit, they shall be subjected to a process pursuant to the general provisions for visa. … (Turkey 2016)

4. Procedures for Renewal of Residence Permits

On the renewal of residence permits, article 24 of the Law on Foreigners and International Protection provides the following:

(1) The duration of residence permits may be extended by the governorates.

(2) Applications for renewal shall be made to the governorates within sixty days prior to the expiration of the residence permit and, in any case, before the expiration of the residence permit. Those who apply for the extension of the duration of the residence permit shall be issued a document not subject to fee. Such foreigners may reside in Turkey by virtue of this document pending a decision regarding their application, even if their residence permits have expired.

(3) The renewed residence permits shall take effect as from the expiry date of [applying] legal permits.

(4) [Assessment of] applications for renewal shall be finalised by the governorates. (Turkey 2013, square brackets in original)

Article 23 of the Implementing Regulation for the same law provides the following:

(1) Issuance and renewal of residence permit shall be carried out as below:

a) It shall be issued for a period sixty days shorter than the validity period of residence permit, passport or a document substituting a passport.

b) The type of permit shall be indicated in residence permit document.

c) Separate residence permit documents shall be issued to each foreigner. Valuable paper fee, which is determined by the Ministry of Finance pursuant to the Law No. 210 on Valuable Papers dated 21/2/1963, shall be collected for this document.

ç) Validity of residence permit shall start from the expiration date of visa or visa exemption or from the date of application upon request.

d) Validity of renewed residence permit shall start from the expiration date of the previous permit.

e) All residence permits except long-term residence permits shall be granted for a certain period and shall be renewed within the framework of principles determined in Article 24 of the Law.

f) A new residence permit document shall be issued each time in case of a renewal of residence permits.

g) Applications for renewal of residence permit may also be received electronically. Procedures and principles related to receiving applications shall be determined by the Directorate General.

…

(4) The residence permit document shall be issued again, in case it is lost, stolen, inaccurate or worn out. In case of lost, stolen, inaccurate or worn-out residence permit documents, fees of residence permit document shall be collected in full and its charges shall be collected in half. Inaccurate residence permits shall be taken back from the foreigner and sent to the Directorate General to be forwarded to the Directorate General of Stamp Printhouse.

(5) Duration of residence permit may be shortened upon the foreigner’s request. (Turkey 2016)

Article 26(1) of the same regulation provides the following:

Foreigners, who hold one of the residence permits and will continue to stay in Turkey after the primary reason for issuance of residence permit is over, shall lodge an application to the related governorate to obtain a residence permit fit for his/her new purpose of stay within ten days as of the expiration date of the reason. Residence permit application document shall be issued to these foreigners. (Turkey 2016)

According to the website of the Government of Canada on consular services for Canadians in Turkey, applications for extension of residence permit types require the same documents submitted for the initial application, along with the previous residence permit (Canada 3 June 2019). A document from the website of the Directorate General of Migration Management that provides details on the documents required to renew [or extend] permits is attached to this Response (Attachment 2).

An article published on the Yabangee website, "an English publication and community platform for foreigners and English speakers in Turkey," states that [a]s of May 2019, it seems all renewal applications require an in-person appointment" (Rogers 13 May 2019). Further information, including whether such a requirement is in effect, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Rights and Responsibilities of Permit Holders

Article 23 of the Implementing Regulation on the Law on Foreigners and International Protection provides the following:

…

(2) The governorate shall be notified in twenty business days in cases of changes in residence address, marital status, name or surname in the passport.

(3) Foreigners, who move their residence address to an address in a province other than the province they have obtained the residence permit from, shall lodge an application latest within twenty business days for the purpose of obtaining a new residence permit. In case the type of the residence permit does not change in this proceeding, a new residence permit document shall be issued but the period, charges of which had already been paid, shall not be subject to any charges again.

… (Turkey 2016)

Additionally, according to a Yabangee article, residence permit holders must carry their residence permit cards with them at all times (Yabangee 28 Nov. 2016). Further information on the responsibilities of permit holders could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Article 44 of the Law on Foreigners and International Protection provides the following regarding the rights conferred by the long-term residence permit:

(1) Without prejudice to acquired rights with respect to social security, and subject to conditions stipulated in applicable legislation governing the enjoyment of rights, 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.

(2) The Council of Ministers is authorised to partially or completely restrict the rights listed in the first paragraph. (Turkey 2013)

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.

Notes

[1] A footnote in the English version of this law available on the UNHCR Turkey website states the following: "With the 27th [a]rticle of the Law No. 6735 [on International Labour Force] dated 28/7/2016, the expression of 'two years' was changed to 'three years' in this article" (Turkey 2013, 12).

[2] The European Council on Refugees and Exiles (ECRE) is "an alliance of 104 NGOs across 41 European countries" that aims to "protect and advance the rights of refugees, asylum-seekers and other forcibly displaced persons in Europe and in Europe’s external policies" (ECRE n.d.b).

[3] Article 20 of the Law on Foreigners and International Protection provides the following:

1. A residence permit shall not be required from those foreigners listed below:
   

   a) who have arrived with a valid visa or by virtue of visa exemption for a stay up to ninety days, within the period of the visa or the visa exemption;

   b) holders of Stateless Person Identity Card;

   c) members of the diplomatic and consular missions in Turkey;

   ç) family members of diplomatic and consular officers, provided they are notified to the Ministry of Foreign Affairs;

   d) members of the representations of international organisations in Turkey whose status has been determined by virtue of agreements;

   e) who are exempt from a residence permit by virtue of international agreements which Turkey is a party to;

   f) who fall within the scope of Article 28 of Law № 5901;

   g) holders of the documents listed in paragraph seven of article 69 as well as the first paragraphs of Articles 76 and 83.

2. Foreigners listed in subparagraphs (c), (ç), (d) and (e) of the first paragraph shall be issued a document of which the format and content shall be jointly determined by the Ministry and the Ministry of Foreign Affairs. In cases where these foreigners wish to stay in Turkey, after the end of their status that entitled them to exemption from a residence permit, [they] shall apply with the governorates within ten days to obtain a residence permit. (Turkey 2013)

[4] Article 28 of the Turkish Citizenship Law provides the following:

1. Turkish citizens by birth who have lost citizenship by obtaining renunciation permit as well as their lower lineal kinship up to third degree shall continue to benefit from the same rights accorded to Turkish citizens, except for the exceptions set forth in this article. The provisions concerning national security and public order are reserved.
2. Persons within the scope of this article do not have the right to vote and be elected, the right to import exempted vehicles and household goods and the duty for performing military service. Their acquired rights of social insurance are reserved and they shall be subject to the provisions of the relevant laws applied while enjoying those rights.
3. Persons within the scope of this article may not be employed in principal and continuous public services based on permanent staffing and subject to public law regime. However, they may be employed as workers, temporary or contracted personnel in public authorities and institutions.
4. In the case that the Council of Ministers deems it necessary, it may determine up to which degree of lower lineal kinship after third degree may benefit from the rights enshrined in this article.
5. Lower lineal kinship who will benefit from the provisions of this article must document the kinship with upper lineal kinship.
6. Blue Card is issued to the persons within the scope of this article upon their demand, which shows that they may benefit from the rights enshrined in this article. This card is within the scope of the Law No. 210 on Valuable Papers dated 21/2/1963.

… (Turkey 2009)

References

Antalya Homes Real Estate (Antalya Homes). N.d.a. "Antalya Homes Emlak AŞ." [Accessed 12 Nov. 2019]

Antalya Homes Real Estate (Antalya Homes). N.d.b. "Residence Permit in Turkey." [Accessed 11 Nov. 2019]

Canada. 3 June 2019. Turkey.gc.ca. "How to Apply for a Turkish Residency Permit." [Accessed 12 Nov. 2019]

European Council on Refugees and Exiles (ECRE). N.d.a. Asylum Information Database (AIDA). "Residence Permit: Turkey." [Accessed 25 Nov. 2019]

European Council on Refugees and Exiles (ECRE). N.d.b. "Our Work." [Accessed 3 Dec. 2019]

Rogers, Dayla. 13 May 2019. "Get Your Residence Permit in 14 (Somewhat) Easy Steps." Yabangee. [Accessed 25 Nov. 2019]

Rota Danışmanlık. N.d.a. "About Us." [Accessed 20 Nov. 2019]

Rota Danışmanlık. N.d.b. "Residence Permit for Foreign Nationals Married to a Turkish Citizen." [Accessed 20 Nov. 2019]

Rota Danışmanlık. N.d.c. "Foreign Nationals Coming for Humanitarian Purposes." [Accessed 20 Nov. 2019]

Turkey. 8 November 2019. Ministry of Interior, Directorate General of Migration Management. Correspondence from a representative of Yabancılar İletişim Merkezi (YIMER) 157 to the Research Directorate.

Turkey. 2016. Implementing Regulation on the Law on Foreigners and International Protection. Unofficial translation by the United Nations High Commissioner for Refugees (UNHCR) Turkey. [Accessed 20 Nov. 2019]

Turkey. 2013 (amended 2016). Law on Foreigners and International Protection. [Accessed 31 Oct. 2019]

Turkey. 2009 (amended 2018). Turkish Citizenship Law. [Accessed 4 Dec. 2019]

Turkey. N.d.a. Ministry of Interior, Directorate General of Migration Management. "General Information." [Accessed 13 Nov. 2019]

Turkey. N.d.b. Ministry of Interior, Directorate General of Migration Management, Yabancılar İletişim Merkezi (YIMER 157). "About Us." [Accessed 20 Nov. 2019]

Turkey. N.d.c. Ministry of Interior, Directorate General of Migration Management, Yabancılar İletişim Merkezi (YIMER 157). "F.A.Q. - Residence Permit - I Went to Abroad When it Was Valid. Can I Apply for the Residence Permit in Abroad?" [Accessed 13 Dec. 2019]

Turkey. N.d.d. Ministry of Interior, Directorate General of Migration Management. Documents to Be Required in Extension Applications. [Accessed 4 Dec. 2019]

Yabangee. 28 November 2016. "Turkish Residence Permit: Frequently Asked Questions." [Accessed 25 Nov. 2019]

Additional Sources Consulted

Oral sources: Lawyers at private law firms in Ankara; Turkey – Adana Provincial Directorate of Migration Management, consulate in Toronto, Directorate General of Migration Management, embassy in Ottawa.

Internet sites, including: EU – Migrant Integration Policy Index, Public Register of Authentic Travel and Identity Documents Online; Factiva; Istanbul Aydin University – International Student and Staff Affairs; Just Landed; UN – International Organization for Migration in Turkey, Refworld; Study in Turkey; VisaGuide.World; VisaHQ.

Attachments

1. Turkey. N.d. Ministry of Interior, Directorate General of Migration Management. Documents to Be Required in First and Transfer Applications. [Accessed 20 Nov. 2019]
2. Turkey. N.d. Ministry of Interior, Directorate General of Migration Management. Documents to Be Required in Extension Applications. [Accessed 4 Dec. 2019]