№ 6458. Foreigners and International Protection Law

Foreigners and International Protection Law numbered 6458

Enforcement Date :10/04/2014



Residence permit

ARTICLE 19- (1) Foreigners who intend to stay in Turkey longer than the visa or visa exemption period or in excess of ninety days are obliged to obtain a residence permit. A residence permit ceases to be valid if not used within six months.

Exemption from the requirement to hold a residence permit

ARTICLE 20- (1) Foreigners listed below shall be exempt from the requirement to hold a residence permit:

a) Those who arrive holding a visa with a validity of up to ninety days or with visa exemption, for the period of validity of the visa or visa exemption,

b) Those who possess a Stateless Person Identification Document,

c) Personnel of diplomatic missions and consular offices in Turkey,

ç) Families of personnel of diplomatic missions and consular offices, whose names are conveyed by the Ministry of Foreign Affairs,

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

e) Those who are exempt from requirements to hold residence permits as a result of agreements to which the Republic of Turkey is party,

f) Those who fall under the scope of Article 28 of the Law numbered 5901.

g) Those who hold documents issued in compliance with Article 69(7), 76(1) and 83(1) of this Law.

(2) Foreigners who fall under the scope of paragraph (1) ©, (ç), (d) and (e) are issued a document, the format and content of which shall be determined jointly by the Ministry and the Ministry of Foreign Affairs. In case those foreigners intend to continue to stay in Turkey following the expiry of their status which grants them exemption from the residence permit requirement; they shall apply, within ten days at the latest, to the governorates in order to obtain the residence permit.

Application for a residence permit

ARTICLE 21- (1) A residence permit application shall be made to the consulates of the Republic of Turkey in the foreigner’s country of nationality or legal residence.

(2) Foreigners who apply for a residence permit shall be required to hold a passport or a passport substitute document which is valid at least sixty days beyond the duration of the requested residence permit.

(3) In case the information and documents necessary for the application are incomplete, the evaluation of the application may be postponed until the missing items are presented. The missing information and documents shall be notified to concerned person.

(4) Consulates shall forward the residence permit applications to the Directorate General along with their opinions. Taking into consideration the opinions of the relevant institutions when necessary, the Directorate General shall decide on the applications, and then proceed to notify the consulate on the issuing or rejection of the residence permit.

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

(6) Notification related to procedures concerning the rejection of the application shall be made to concerned person.

Cases in which an application for a residence permit could be filed in Turkey

ARTICLE 22- (1) In the following cases, the applications could exceptionally be made to the governorates:

a) Upon demand or requests from administrative or judicial authorities,

b) Where the departure of the foreigner from Turkey is unreasonable or unfeasible,

c) For long-term residence permits,

ç) For student resident permits,

d) For humanitarian residence permits,

e) Residence permits to be issued for victims of human trafficking,

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

g) Requests made by a mother and father possessing residence permit in Turkey for their children who are born in Turkey,

ğ) Requests filed to obtain residence permit which conforms with the new reason of stay when the grounds for issuing the valid residence permit cease to exist or change,

h) For residence permits to be filed within the scope of Article 20 paragraph two this Law,

ı) For transition to short term residence permit, of foreigners who have completed their higher education in Turkey.

Issuing and types of residence permits

ARTICLE 23- (1) Residence permits, the validity of which shall be sixty days shorter than the validity of a passport or passport substitute documents, shall be issued separately for each foreigner depending on the purpose of stay.

(2) The form and content of the residence permit shall be determined by the Ministry while the type and content of the work permit which substitutes for a residence permit shall be determined jointly by the Ministry and the relevant institutions.

Extension of residence permits

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

(2) Applications for the extension of residence permits shall be made to governorates within 60 days prior to the expiration of the duration of the residence permit and in any case before the expiration of the duration of the residence permit. Those who apply for extension of a residence permit will be issued a document that is free of charge. Such foreigners shall be able to reside in the country until a decision is made with regard to the extension of their residence permits even if their residence permits have expired.

(3) The extended residence permits shall commence following the date on which their legal residence ends.

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

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