Work and Residence Permit

PRACTICE AREAS

Work and Residence Permit

One of the types of permits required for a citizen to stay or live in another country for a short or long time is a work permit and a residence permit. For example, foreign nationals entering to Turkey will be able to stay in Turkey for 90 days without obtaining residence/work permit. Our Work and Residence Permit Attorney and consultancy service is a type of service that people who want to get information and help on this subject can apply.

People coming to Turkey and willing to stay for more than 90 days, should obtain residence permit in accordance with the purpose of their stay. The date of application to the residence permit is considered as the date of start of stay in Turkey for the Applicant. In other words, the date that foreign nationals apply for a residence or work permit, not the date of entry into the country, is based on this context.

Obtaining Residence Permit

The first situation we have clarified within the scope of our Work and Residence Permit Attorney and Istanbul Work and Residence Permit Attorney for persons who will obtain  residence/work permit is the residence permit type. There are 6 types of residence that are regulated and included in the law. These can be listed as follows.

  • Short Term Residence Permit
  • Family Residence Permit
  • Student Residence Permit
  • Long Term Residence Permit
  • Humane Residence Permit
  • Human Trafficking Victim Residence Permit

All of the residence permits given above have a common result; foreign residence permits establish a legal basis for foreigners to settle in Turkey. In order to obtain these permits, as we have stated within the scope of the Work and Residence Permit Attorney consultancy service, the requests of the persons must be made. It is possible to say that the period of announcement of the permit application result based on the documents and conditions requested within the scope of the above-mentioned residence types is 90 days.

In general, in order to apply for a residence permit, it is necessary to apply to the consulate of the country of residence. However, it is also possible to say that applications can be made to the governorships in some cases. In this situation, it is possible to give examples of victim of migrant smuggling residence permit, student residence permit and long-term residence permit. Detailed information about this situation will be presented to you in the context of our Work and Residence Permit Attorney consultancy service.

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Types of Residence Permits
  • Short-Term Residence Permit: The most requested residence permit is the short-term residence permit, which we deal within the context of the Work and Residence Permit Attorney and Istanbul Work and Residence Permit Attorney services.  The reasons of stay in this type of residence are as follows:
  • Scientific research
  • Owning an immovable property in Turkey
  • Business connection or establishing business
  • Participating in in-service training
  • Studying within the framework of internship exchange programs
  • Touristic stay
  • Treatment
  • Request of administrative authorities
  • Decision of judicial authority
  • Long-Term Residence Permit: Persons who have stayed with a residence permit for at least 8 uninterrupted years can obtain a long-term residence permit.
  • Family Residence Permit: It is a permit that can be obtained by those who want to stay in the country due to their child or spouse status.
  • Student residence permit: It is the type of permit students can obtain.
Documents Required to Apply for a Residence Permit

Residence permit application documents vary in the context of the residence types given above. Detailed information about residence types will be mentioned in the rest of the text. However, some of the residence permit documents prepared in accordance with the types of residence are as follows.

  • Documents Required for Short Term Residence Permit
  • Application form (Application form must be signed by the legal and/or foreign representative.
  • Both the original and a photocopy of the passport or the identification document
  • Biometric photo (four)
  • A statement showing that they have both sufficient and regular financial means for the period of stay in the country
  • Valid health insurance (The duration of the health insurance must cover the duration of the desired residence permit.)
  • Information about the place where the applicant will be staying (Within the scope of the Work and Residence Permit Attorney consultancy service we have provided, it is possible to clarify this as follows; if the applicant is living in a rented property, a notarized copy of the lease agreement, if he is staying at the hotel, proof documentation, if he is staying in the student dormitories, a signed and sealed document to prove it.)
  • If the person is married, the document showing that the person is married, especially the marriage certificate
  • Family Residence Permit

Those who apply for a family residence permit must obtain a family residence permit. Some of the details we can provide regarding the application documents within the scope of our Work and Residence Permit Attorney and Istanbul Work and Residence Permit Attorney consultancy service are as follows.

  • Residence declaration form,
  • Biometric passport photo (four)
  • Passport
  • Passport photocopy (photocopy does not include the entire passport, but includes the page with the picture, the page showing the last entry and the expire date page)

Supportive documents required:

  • Certified and signed document showing that they have sufficient and regular financial means during the period of stay in the country,
  • If the spouse is a Turkish citizen, the original or a photocopy of the identity card; if foreigner photocopy of Passport or permit,
  • Original and photocopy of residence/work permit, blue card certificate if foreigner, identity card for refugee or subsidiary protection status holder
  • Certified, e-signed/signed document indicating sufficient and regular financial means during the stay
  • General health insurance, covering all family members,
  • Criminal record
  • Document showing the registration to declare that it is registered with the Address Registration System

Are the documents that we deem necessary in the context of our Work and Residence Permit Attorney and our consultancy service.

  • Student Residence Permit

The documents required for a student residence permit are as follows.

  • Residence declaration form
  • Biometric photo (4)
  • Passport
  • Photocopy of the passport provided that you take the page with the picture, the page showing the last entry, the page showing the expire date,
  • A statement to show that there are regular and sufficient financial means for the period of stay in the country,
  • Health insurance, whose validity covers the period of stay in the country,
  • A student certificate to show that students’ rights are actively used

Such documents are the documents that we inform in the context of the Work and Residence Permit Attorney and the consultancy service we have provided.

Residence permit application is the type of application in which foreign nationals declare that they want to stay in our country for various reasons. This type of application must be made within 30 days of entering the country. The period of approval for a residence permit is up to 90 days. In this context, the types of residence permits that are possible for people who apply for a residence permit are as follows.

Work Permit

As defined within the context of our Work and Residence Permit Attorney services, work permit is; the name given to a document issued by the Ministry of Labor and Social Security for people who want to work anywhere in Turkey and with any employer to fulfill these requests.

Work Permit Application

Foreign nationals, who have entered our country with an intention to work, are required to obtain a permit pursuant to the Law No. 4817 on Work Permits for Foreigners. The work permits valid for Turkey are issued by the Ministry of Labor and Social Security.

It is possible for people who request services in the context of Work and Residence Permit Attorney and Istanbul Work and Residence Permit Attorney and consultancy can benefit from the attorney consultancy services we offer. The main element that makes our services necessary is this; the residence permits and the documents required for these permits are quite different from each other. In order for the residence response status, which has a legal period of 90 days, to move to an earlier time and clarified as soon as possible, the necessary documents must be prepared perfectly. In addition, in some cases, there are supporting documents that should be kept in addition to the required documents. What these documents cover and how they should be prepared can only be clarified in the context of the Work and Residence Permit Attorney and consultancy service we will provide. For this reason, getting professional consultancy service is more important than you think.

In the context of our services, it is possible to provide consultancy and attorney support in the context of both long-term residence permit, short-term residence permit, student residence permit and family residence permit.

RESIDENCE PERMIT IN TURKEY

1.Legal Basis

In accordance with the Foreigners and International Protection Law No. 6458, a Residence Permit certificate is issued to foreigners who request it, if appropriate conditions are met.

2.General Information

A foreigner can be legally present in Turkey during the visa period. However, a foreigner who requests to stay in Turkey after the end of the visa period must apply for a residence permit, providing a valid reason.

A foreigner with a residence permit has the right to be legally present in Turkey after the visa period expires.

It is important to note that the foreigner must be present in Turkey from the date of application for residence permit to the date of approval of residence permit. Because if a foreigner leaves abroad during this period, a residence permit will be denied.

For foreigners to have residence permits;;

They have

-To submit information and documents related to the purpose of stay,

-To declare a fixed address where they will stay in Turkey,

-To have a valid passport,

To present a criminal record if requested.

With the power of attorney, attorneys primarily apply for residence via the online system. Then, request documents are prepared according to the residence permit type and submitted to the Provincial Immigration Authorities and the necessary applications are completed. Applications and submitted documents are evaluated by the Provincial Immigration Authorities and a residence permit is issued.

 

2.1.Required Documents

Required documents vary depending on the type of residence permit. Lawyers organize all the documents required for residence permit.
However, after reviewing the application, a supporting document may be requested by the Provincial Immigration Authorities.

But mandatory common documents for all types of residence permits are as follows;

-Power of Attorney,

-Valid Passport or passport substitute,

-Biometric Photo,

-Health Insurance,

-Fixed address proof in Turkey,

– Visa and/or passport stamps indicating entry and exit to Turkey.

If the document to be submitted is issued abroad; it must be approved by the Turkish Consulate in the country of origin or Apostilled by the relevant authorities.

If the document to be submitted is issued in Turkey, it must be notarized.

 

2.2.Power of Attorney

In the entire application process, the Foreigner is represented by Attorneys, with the power of attorney.

Power of Attorney draft is especially prepared by Attorneys.

This power of attorney must be issued in one of the three forms below;

– Can be issued in local notaries located in the borders of Republic of Turkey,

– Apostille approval can be affixed after the approval of the Ministry of Foreign Affairs is issued from the local notary offices of the country in which you are located,

-Can be issued from the Turkish Consulate in your country accompanied by a sworn translator.

A sworn translator and consular appointment are organized by attorneys for clients who want to obtain power of attorney through the Turkish Consulate. Then, clients can go to the consulate on the day and time of appointment and complete their transactions.

 

2.3.Health Insurance

Health insurance is required for a residence permit and an insurance policy is required for applications for a residence permit.

This health insurance must cover the entire period during which the residence permit is requested and include the phrases required for the residence permit.

The health insurance process is run by Attorneys.

 

2.4.Costs and Fees

In all applications for a residence permit, costs and fees are calculated and paid separately according to the type of residence permit, nationality and type of visa.

Documents relating to the payment and payment of these costs and fees must be submitted to the Provincial Immigration Authorities in full at the time of application.

Payment of costs and fees is made by attorneys within the costs and recorded to the residence permit file.

 

3.Short Term Residence Permit

Foreigners who are in Turkey with a visa exemption can apply for a short-term residence permit to continue to stay in Turkey at the end of their exemption period.

A short-term residence permit is usually granted for a period of 1 year. Then, with the application for an extension, the duration of the residence permit is extended.

Following people can apply for a short-term residence permit in Turkey:

-Individuals who owns an immovable property in Turkey,

-Individuals who are visiting Turkey for touristic purposes,

-Individuals who are in Turkey for education purposes,

-Individuals who are in Turkey for scientific purposes,

-Northern Cyprus Turkish Citizens,

-Foreigners to be treated,

-Individuals who will attend Turkish Language Courses

-Individuals who will invest in the scope and amount determined by the Council of Ministers in Turkey,

-Individuals who will attend training, internships and courses through public institutions,

-Individuals who will attend in-service training programs,

-Foreigners who have been decided to stay in Turkey by judicial or administrative decision.

 

3.1. Most Preferred Types of Short-Term Residence Permits 

3.1.1. Residence Permit For Tourism Purposes

Type of residence permit issued to foreigners visiting Turkey for touristic purposes.

In a tourism residence permit, a foreign person will stay in Turkey with a residence permit by declaring that he is in Turkey for tourism purposes and by submitting the necessary documents.

In this type of residence permit, the foreign person is obliged to submit where to stay in Turkey, contact information and other similar information.

 

3.1.2.Residence Permit Through Immovable Property

A foreigner who acquires real estate within the borders of the Republic of Turkey can apply for a residence permit through this real estate. A foreigner can apply for a residence permit with acquired Real Estate.

Acquired immovable property must be residence. Land, plot and similar properties are not eligible to apply for a residence permit.

Family members (applicant’s spouse, non-adult child) can apply for a residence permit by acquiring real estate with common or shared property.

If requested, the entire acquisition of real estate can be carried out by attorneys by a power of attorney.

If a real estate acquisition by Attorneys with a power of attorney is requested;

All citizens of 183 countries approved by the Presidency will acquire immovable property  within the borders of Republic of Turkey. There is no published complete list of countries that can acquire immovable property. However, upon your intention to acquire property, we may make inquiries from the relevant Land Registry Directorates.

After the foreigner determines the real estate he/she wants to buy, the current title is shared with the Attorney. The title is then checked by lawyers and the title is investigated whether there is a cautionary remark or any records on the title.

In the process of real estate acquisition, contracts to be signed are examined by Attorneys and all legal rights of the Foreigner are protected.

A real estate valuation institution approved by the Capital Market Board must determine the value of the real estate, and a valuation report must be prepared. In all transactions for the sale of real estate to foreigners, the valuation report prepared by the real estate valuation institution must be submitted to the Land Registry Office prior to the sale transaction. Real Estate Valuation Institution is organized by lawyers and a Valuation Report is prepared.

Finally, real estate payment is organized by Attorneys and the transfer of title deed is carried out.

 

3.1.3. Residence Permit for Commercial Business or Connection

Foreigners who will establish a business or establish a commercial connection in Turkey can apply for a residence permit.

Foreigners can apply for a residence permit in Turkey by establishing a company or contacting a company or person according to the Turkish Commercial Code.

If a formation of a company by Attorneys with a power of attorney is requested;

After determining the company’s area of activity, title, Director, type, Center, the company’s establishment operations are initiated.

Then, the request for the establishment of the company is recorded with the application made to the Central Registration System on behalf of the foreigner.

With the appointment made by the lawyers, the necessary documents are submitted to the relevant Trade Registry Office, the necessary payments are made for the establishment of the company and the article of incorporation is signed on behalf of the foreign person.

The establishment of the company is announced in the Trade Registry Gazette. After the completion of the company’s establishment, the documents belonging to the company are collected by the attorneys. Circular of signatures are delivered to the company’s accountant.

According to the approval of a residence permit for commercial work or connection, the foreigner must apply for a work permit within the period specified by the relevant law.

In particular, we should emphasize that a residence permit does not entitle a foreigner a work permit. In order for a foreigner who has a valid residence permit to work legally in Turkey, an application for a work permit must also be made.

 

4.Family Resident Permit

Family Resident Permit application will be made for foreign spouse, for his/her spouse’s non-adult child, dependent child of his/her partner, of Citizen of Turkish Republic, refugees, subsidiary protection owners, foreigners who holds certain residence permit.

A Turkish citizen who is referred on the family residence permit application or a foreigner who is legally in Turkey is identified as supportive and information of supportive person is also provided during the application.

Family residence permit conditions;

– The supportive person must provide the necessary conditions (find income, find a specific address, submit a criminal record, etc.),

-It provides the conditions that must be present in the person requesting a family residence permit (providing the necessary information and documents, cohabitation with the supportive person, and similar conditions).

The entire family residence permit application process is carried out by attorneys by power of attorney.

 

5.Long Term Residence Permit

Foreigners who have lived in Turkey for at least 8 years without interruption or who meet the requirements set by the ministry can apply for a long-term residence permit.

Long Term Residence Permit Conditions;

-To reside in Turkey for at least 8 years without interruption,

-To have a sufficient income,

-To have a valid health insurance,

-To not receive social assistance in the last three years,

-To not threaten public order and safety.

For the condition of residence in Turkey for at least 8 years without interruption, a special calculation method is used in accordance with the relevant legislation.

In addition, a long-term residence permit is granted indefinitely and provides many rights and achievements compared to a short-term residence permit.

 

 6.Reasons for Residence Permit Refusal and Cancellation

In case of following matters, your application for a residence permit is rejected by the Provincial Directorate of Migration Administration;

-Incomplete or failure to timely submission of requested documents,

– Documents or information submitted are false or fraudulent,

– Failure or subsequent disappearance of one or more of the conditions sought,

– Non-payment of debts and penalties,

– No valid passport or passport replacement document,

– Absence of valid health insurance covering the period of stay,

– Presence of disease that will threaten public health,

– Failure to provide address information where he/she will stay in Turkey,

– Lack of housing requirements in accordance with general health and safety standards,

– Failure to submit a criminal record document on request,

– Determination that the residence permit is used other than its purpose,

The decision in question is communicated to the foreigner or the attorney.  The following legal processes are then initiated against the relevant decision:

– filing a lawsuit in administrative courts within 60 days from the date of notification

or

– you have to leave the country within 10 days from the date of notification.

 

 

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