Long Term Residence Permit In Turkey

Long Term Residence Permit In Turkey

Long-term residence permit is a type of residence permit applied by foreigners who have resided in Turkey for 8 years without interruption. In this residence permit application provides many benefits to the person, and of course there are details to be considered.

In this article of ours, we will explain what is a long-term residence permit in Turkey, who can apply for it, what are the conditions for gaining the permit in Turkey, what is not included in the 8-year uninterrupted residence period. We kindly recommend that you read our article carefully.

What is a Long Term Residence Permit?

The type of residence permit applied by foreigners who have stayed in Turkey for 8 years without interruption and meet other conditions is called a long-term residence permit. The person who obtains this residence permit has a right to stay in the country unendingly without applying for renewal.

The regulations on long-term residence permits in Turkey can be found in Article 42 and following of the Law No. 6458 on Foreigners and International Protection. There is also a Regulation on the implementation of the relevant law.

Long-term residence permit in Turkey is only one of the residence permit types. It should be noted that when a foreigner applies for a residence permit in Turkey, the most ideal one for them should be determined accurately. In relation to that you can read our article titled “residence permit” in which we discuss the general types of residence permits in Turkey.

Long-term residence permit holders in Turkey can benefit from many rights just like citizens of Turkey. However, it is very important to meet the criteria for application. Not making mistakes in the criteria is very important for the course of the application. For this reason, it will be useful to act by asking the lawyer at every stage.

Who Can Be Granted a Long Term Residence Permit in Turkey?

Article 42 of the Law on Foreigners and International Protection regulates the persons who can apply for a long-term residence permit in Turkey. According to the regulation, the individuals who can obtain a long-term residence permit can be listed as follows:

  • Foreigners who have stayed in Turkey uninterruptedly for a minimum of 8 years and who meet the conditions determined by the Ministry,
  • Refugees, conditional refugees and foreigners without subsidiary protection status,
  • Foreigners who do not benefit from humanitarian residence permit and temporary protection.

These are the main groups that can obtain a long-term residence permit Apart from this, application conditions are also important. We find it useful to mention them here.

What are the Requirements for a Long-Term Residence Permit in Turkey?

Article 43 of the Law on Foreigners and International Protection regulates the required conditions for the issuance of a long term residence permit. According to this regulation, the necessary conditions can be listed as follows:

  • Having resided in Turkey for at least 8 years without interruption, (We will explain in detail how the 8-year period is calculated below)
  • Have valid health insurance,
  • Not having received any social assistance in the 3 years before applying,
  • Not to pose a threat to public security and public order,
  • Having an uninterrupted source of income at a level that will ensure the subsistence of himself/herself and his/her family, (Here, it will be taken into consideration that his/her monthly income is not less than the minimum wage, and if he/she lives with his/her family, he/she has a monthly income to meet one third of the minimum wage per family member. Commitments to be given by third parties are not taken into account in the income examination).

The conditions looked for to grant a long-term residence permit are what we have just explained. If these conditions are not met, the person cannot benefit from the residence permit, which may lead to serious loss of rights. For this reason, it is necessary to get legal support to ensure that the conditions are fully met and that there are no deficiencies in the application.

IMPORTANT: In some cases, the person fulfills the conditions but makes the application incorrectly. In this case, although the person is entitled to a long-term residence permit, his/her application is rejected. In order to avoid such unwanted consequences, it is necessary to follow the process meticulously and correctly from the very beginning.

How is the Eight-Year Uninterrupted Stay in Turkey Calculated?

As explained above, one of the conditions for getting a long-term residence permit that the foreigner has been in Turkey for 8 years without interruption before applying. The calculation of an 8-year period will be based on the date of application. The days that the foreigner stays out of Turkey or spends in Turkey without a residence permit are not included in the duration calculation and will be considered as deductions.

First of all, based on the date of application, a retrospective 1-year period of stay is scanned. In the scans, it is determined if the person has stayed in the country for at least 180 days during the 1-year period. If the 180-day condition is met, retrospective screening continues until 8 years are completed.

If it is determined that the foreigner has been in the country for less than 180 days in the 1-year retrospective screening, the duration of stay in the last 5 years is examined. If it is determined that the foreigner has spent more than 365 days abroad in the 5-year period being examined, the application will be concluded in a negative way.

If the applicant foreigner stays abroad for more than 6 months (whether consecutively or at once), the application will be concluded in a negative way without retrospective annual examinations.

If the person applying for a long-term residence permit has previously stayed in the country with a student residence permit, half of the time spent during this residence permit will be included in the calculation of the 8-year period. All other residence permit periods (family, short term, etc.) are included in the calculation of the 8-year period.

Documents Required for Long-Term Residence Permit Application in Turkey

First of all, it should be mentioned here that, in addition to the basic documents required at the time of application, some documents related to the specific situation of the foreign applicant may also be required. These vary according to the actual situation. It is necessary to make a determination before the application. However, the required documents can be listed as follows:

  • Application form regarding the application,
  • Passport copy of foreign national,
  • Photograph,
  • Receipts or documents showing that the necessary fees have already been paid,
  • Declaration that he/she has sufficient and regular financial means for the duration of his/her stay in Turkey
  • Health insurance,
  • The document stating that he did not receive social assistance in the 3 years before the application,
  • If the residence permit is granted, the document showing the place of stay (deed if the house belongs to itself, if not, the lease agreement),
  • Proof of residence for 8 years,
  • criminal record,
  • If another residence permit has been utilized before, relevant documents,

The required documents to be requested during the application are as listed above. Although the documents are listed above, it is very likely to make mistakes if an individual application is made without legal support. It will be useful to consult to a lawyer in order to complete the process in the best way without any mistakes.

What are the Rights Provided by the Long-Term Residence Permit to the Foreigner in Turkey?

Article 44 of the Law on Foreigners and International Protection regulates the rights provided to the foreigner by a long-term residence permit. According to the article, the rights provided to the foreigner with a long-term residence permit can be listed as follows:

  • Foreigners holding long-term residence permits are exempted from military service, which is the obligation of Turkish citizens.
  • They do not get to have a right to vote and be elected. It is not possible for them to participate in the elections as candidates or to vote.
  • It is not possible to work in public positions where there is a requirement to be a Turkish citizen.
  • They cannot import vehicles as exempt. Apart from that, they have the right and opportunity to reside indefinitely like a citizen.

With the few exceptions listed above, long-term residents have the same rights as Turkish citizens. The provisions of the legislation to be applied for Turkish citizens also gains an application area for foreigners holding long-term residence permit.

Under What Circumstances Is This Permit is Revoked?

Article 45 of the Law on Foreigners and International Protection specifies in which cases the long-term residence permit will be canceled. These situations can be listed as follows:

  • The presence of a foreigner in the country becomes a serious threat to public order and security.
  • Being abroad for more than one year for a reason other than health, education and compulsory public service

Foreigners whose residence permit has been canceled due to being abroad for more than one year can apply to obtain a long-term residence permit again. It is not possible to re-apply for any type of residence permit if the permit is revoked because it poses a serious threat to public security and order.

The processes for re-application for canceled residence permits must be followed meticulously so that the person does not suffer any further loss of rights.

Frequently asked Questions

Above, we have included some basic issues regarding long-term residence permit. Apart from this, we find it useful to answer some questions we frequently encounter in practice here.

Who is Not Entitled to a Long-Term Residence Permit in Turkey?

Refugees, subsidiary protection status holders, conditional refugees, humanitarian residence permit holders and foreigners under temporary protection cannot benefit from the long-term residence permit.

Can a Person with Long Term Residence Permit Work in Turkey?

It is not possible for long-term residence permit holders to work in Turkey based on this permit. They must also obtain a work permit for work.

Is It Necessary To Do Military Service In Turkey For Those Who Have Long-Term Residence Permit?

Persons with this residence permit are exempted from compulsory military service. So they don’t have to serve in the military.

Can a Person with Long Term Residence Permit Participate in Elections of Turkey?

It is not possible for people who have a long-term residence permit to participate in the elections as candidates and to vote in the elections.

Which Ways Can a Foreigner whose Long Term Permit Has Been Canceled?

The information that this residence permit has been canceled is notified to the foreigner. The person who receives this notification should object to the administrative action or file an action for annulment for the annulment of the decision.

The Importance of a Lawyer in Long-Term Residence Permit Applications

Above, we have explained in general terms what is a long-term residence permit and who can apply for it. As you can see, it is a type of residence permit that provides many advantages to the person as if he became become a Turkish citizen.

Applications made without any legal support for a long-term residence permit are often rejected and result in loss of rights for individuals. This is because the application process requires a lot of technical information. In order to manage the application process in a healthy way and to avoid any loss of rights in this process, it is recommended to follow the process with an experienced foreigners law attorney.

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