Attorney, Meryem Günay

1.What is a Short-Term Residence Permit?

Definition: A Short-Term Residence Permit is a type of residence permit issued to foreigners who are in Turkey for specific temporary purposes. The permit is generally issued for up to two years; however, in certain cases, such as for investors and TRNC citizens, the period may extend up to five years. This permit is intended for foreigners residing temporarily for purposes such as scientific research, business connections, tourism, education, and medical treatment. (Law No. 6458, Article 31 on Foreigners and International Protection)
Application Location and Duration: Applications made within Turkey should be submitted to the provincial governorates, while applications made from abroad should be submitted to the relevant Turkish consulates. Domestic applications must be made before the foreigner’s legal stay period expires. Applications must be completed at least 60 days before the expiration of the residence permit. (Implementation Regulation of Law No. 6458, Article 21/1-5)
Duration: Normally, this permit is issued for up to two years, but it may extend to five years in certain cases (e.g., for TRNC citizens and investors). Additionally, those participating in Turkish language courses are granted a residence permit for the duration of the course and may renew it up to twice. (Implementation Regulation, Article 28/2 and Article 28/13)
Legal Basis: This residence permit is regulated under Articles 31-33 of the Law No. 6458 on Foreigners and International Protection, and Articles 28 and 29 of the Implementation Regulation. (Law No. 6458, Articles 31-33; Implementation Regulation, Articles 28-29)
Purpose: It aims to regulate the legal framework for foreigners’ entry, stay, and residence rights in Turkey for temporary purposes and to protect public order and security while supporting the integration process. (Law No. 6458, Articles 31-33)

2.Persons Eligible for a Short-Term Residence Permit and Purposes
Scientific Research (Law No. 6458, Article 31/1-a; Implementation Regulation, Article 28/2): This permit is issued to foreigners who will conduct scientific research in Turkey. For research activities requiring permission, such as archaeological excavations, an authorization from the Ministry of Culture and Tourism or relevant universities is necessary. For research not subject to permission, a declaration is sufficient.
Property Owners (Law No. 6458, Article 31/1-b; Implementation Regulation, Article 28/3): Foreigners who own residential property in Turkey may apply for a residence permit to utilize their property. Family members can also apply for the same permit. The property must be suitable for residential purposes, and the permit is not granted for properties that are not residential in nature.
Business Connections or Entrepreneurship (Law No. 6458, Article 31/1-c; Implementation Regulation, Article 28/4): This permit is issued to foreigners who intend to establish business connections or start a business in Turkey. Applications must include an invitation letter from business partners. For stays exceeding three months, a business establishment certificate is required.
In-Service Training (Law No. 6458, Article 31/1-ç; Implementation Regulation, Article 28/5): Foreigners receiving in-service training at an organization in Turkey may apply for a residence permit valid for the duration of the training. Documents indicating the content and duration of the training must be provided.
Educational or Exchange Programs (Law No. 6458, Article 31/1-d; Implementation Regulation, Article 28/6): Foreigners participating in international student exchange programs (e.g., Erasmus) may receive a residence permit valid for the duration of their studies in Turkey. Students who have completed their insurance procedures are exempt from the health insurance requirement.
Tourism Purposes (Law No. 6458, Article 31/1-e; Implementation Regulation, Article 28/7): Foreigners visiting Turkey for tourism purposes may apply for a residence permit by presenting documents detailing their planned stay, accommodation, and other relevant information.
Medical Treatment (Law No. 6458, Article 31/1-f; Implementation Regulation, Article 28/11): Foreigners receiving treatment at public or private hospitals in Turkey may apply for a residence permit valid for the treatment period. Foreigners covering their own medical expenses are required to have health insurance.
Staying Due to Judicial or Administrative Decisions (Law No. 6458, Article 31/1-g; Implementation Regulation, Article 28/12): This permit is issued to foreigners who are required to stay in Turkey due to judicial or administrative decisions. The duration of the stay is determined in accordance with these decisions.
Other Purposes (Law No. 6458, Article 31/1-h-j; Implementation Regulation, Article 28/13-14): This permit is also available to foreigners participating in educational, internship, or course programs organized by public institutions, those attending Turkish language courses approved by the Ministry of National Education, and graduates who have completed higher education in Turkey.

3.Application Requirements for Short-Term Residence Permit
Application and Documents (Law No. 6458, Article 32/1-a; Implementation Regulation, Article 28): Domestic applications must be submitted to the governorates, while applications made from abroad must be submitted to the relevant consulates. The Directorate General specifies the required documents, which must be fully provided by the applicant. Applicants must present documents showing the duration of their intended stay and accommodation arrangements. (Implementation Regulation, Article 21/1)
Legal Standing (Law No. 6458, Article 32/1-b): Foreigners must not pose a threat to public order and security. Criminal records may be requested. (Law No. 6458, Article 32/1-b; Implementation Regulation, Article 21/6)
Accommodation Requirement (Law No. 6458, Article 32/1-c): Suitable accommodation must be provided and proven by documents such as hotel reservations, lease agreements, or title deeds. (Implementation Regulation, Article 22/7)
Address Declaration (Law No. 6458, Article 32/1-d): It is mandatory to declare the address in Turkey where the applicant will stay, and upon receiving the residence permit, they must register with the address registration system. (Implementation Regulation, Article 22/8)
Health Insurance (Implementation Regulation, Article 28/10): Foreigners must have valid health insurance in Turkey. For those without insurance in Turkey, a private health insurance policy with annual renewal is required. (Implementation Regulation, Article 22/13-14)

4.Application Process and Necessary Documents
E-Residence and Application Timing (Implementation Regulation, Article 21/1, 5): Domestic applications should be submitted to the governorates, while foreign applications should be submitted to consulates through the e-residence system. Applications must be completed at least 60 days before the residence period expires.
Documents for Application: Applicants must submit an application form, passport or equivalent travel document, biometric photo, proof of financial means, health insurance, and proof of payment for required fees. (Law No. 6458, Article 33; Implementation Regulation, Article 21/1-5)

5.Reasons for Rejection, Cancellation, and Non-Renewal of Residence Permit
Rejection Reasons (Law No. 6458, Article 32): Applications will be rejected if the documents are incomplete or requirements are not met. The permit may be canceled if it is misused or if the foreigner poses a threat to public order. (Law No. 6458, Article 32/1)
Cancellation Conditions: Residence permits may be canceled if the foreigner is subject to deportation or entry bans. For certain public health threats, additional health reports may be required. (Implementation Regulation, Article 22/4-5)
Non-Renewal Conditions: Short-term residence permits are not renewed if the reason for residence in Turkey no longer exists. Applications for renewal must be made at least 60 days before the permit expires. (Law No. 6458, Article 33/1; Implementation Regulation, Article 21/6-8)

6.Renewal Process for Short-Term Residence Permit
Renewal Duration: The permit may be extended for up to two years each time, with renewal applications made at least 60 days before expiration. Valid health insurance and proof of sufficient financial means must be submitted. (Law No. 6458, Article 31/2; Implementation Regulation, Article 21/6)
Required Documents: For renewal, valid health insurance, address information, the application form, and the passport, similar to those submitted in the initial application, must be provided. (Implementation Regulation, Article 23)

7.Legal Rights in Case of Rejection or Cancellation
Right to Appeal and File a Lawsuit (Law No. 6458, Articles 80-82): Foreigners whose permits are rejected or canceled have the right to appeal to the Directorate General within 60 days. If the decision remains negative, a lawsuit may be filed in the administrative court.
Administrative Procedures: If there are any deficiencies in the appeal process, the foreigner is given 30 days to resolve them. Applications are finalized within 90 days. (Implementation Regulation, Article 22/1-2)

8.Rejection of Renewal Applications and Legal Process
Rejection Reasons (Law No. 6458, Article 33): Renewal applications may be rejected due to incomplete documentation or procedural errors. (Law No. 6458, Article 33/1)

Right to Appeal and File a Lawsuit: In cases of rejection, a lawsuit may be filed within 60 days. During the appeal process, the foreigner is permitted to stay in Turkey, and the application remains pending until a final decision is reached. (Law No. 6458, Articles 80-82)

9.Transition from Short-Term to Other Types of Residence Permits
Transition Requirements: Foreigners must meet the requirements of the new residence type they wish to transition to. Those transitioning to family residence permits may apply based on marriage or having children. (Law No. 6458, Article 34; Implementation Regulation, Article 23/2-3)
Application and Submission of Documents: Applications are made through the e-residence system, and documents are submitted to the Provincial Directorate of Migration Management. (Implementation Regulation, Article 23/1)

10.Costs for Short-Term Residence Permit Application and Renewal
Costs (Implementation Regulation, Annex 4): The total cost for short-term residence permit applications and renewals varies between approximately 10,000 TL and 12,000 TL for 2024. This amount includes the residence permit card fee (565.00 TL), the residence permit fee (1,040 TL), single-entry visa fee (5,476.00 TL), notary and translation fees (average 1,800 TL), and health insurance costs, which range between 1,000 TL and 4,000 TL, depending on the applicant’s age. For the first month, the residence permit fee is 381.90 TL daily, with the maximum charge capped at 1,962.60 TL.

Fee Payment: The residence permit fee and card payment must be made to designated banks, with receipts submitted with the application. (Implementation Regulation, Article 21/9, Article 23/4)

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Important Reminder: The application process for a short-term residence permit involves specific legal requirements and attention to detail. Therefore, it is recommended that foreigners seeking a short-term residence permit in Turkey work with a consultant or lawyer specializing in this field to ensure a smoother application process and avoid potential loss of rights.CONTACT Information for Expert Legal Support.