Family residence permit is regulated in Articles 34 to 37 of the Foreigners and International Protection Law No. 6458. In addition, family residence permit is regulated in articles 30 to 34 of the Regulation on the Implementation of the Law on Foreigners and International Protection. Who are the foreigners who can be issued a family residence permit? Turkish citizens, those within the scope of Article 28 of Law No. 5901 or foreigners who have a residence permit, refugees and subsidiary protection status holders;
- To his or her foreign spouse,
- To his or her spouse’s minor foreign child,
- To his or her spouse’s dependent foreign child, Family residence permit can be issued.
If the foreigner applying for a family residence permit has more than one spouse, a family residence permit can be issued to only one of the spouses. However, all children of the foreigner may be granted a family residence permit.
In requests for a family residence permit for children, the consent of the mother or father who has joint custody, if any, is required outside our country.
Family residence permit provides the right to education in primary and secondary education institutions until the age of eighteen without obtaining a student residence permit. Foreigners with a family residence permit may request a short-term residence permit in the following cases:
- In case of divorce, if the person is married to a Turkish citizen and has stayed with a family residence permit for at least three years, Exception: Foreigners who prove by court decision that they are victims of domestic violence are not required to have stayed with a family residence permit for at least three years.)
- If the sponsor dies and the family of the sponsor stays in our country with a residence permit,
- If those who have stayed in our country with a family residence permit for at least three years are over the age of eighteen.
For How Many Years Can Family Residence Permit Be Issued?
- Family residence permit can be issued for a period not exceeding three years at a time.
- The duration of the family residence permit cannot in any way exceed the duration of the residence permit of the sponsor (if the foreigner is staying with a residence permit).
What are the Conditions of Family Residence Permit?
In order for a family residence permit to be issued, foreigners must meet the conditions set out in Article 35 of the Law.
- To meet the conditions required for the sponsor, (The supporter must have valid health insurance covering all family members, have a monthly income not less than one-third of the minimum wage per individual, document with a criminal record that he/she has not committed a crime against family order in the last five years, reside in Turkey for at least one year and have an address registered in the registration system)
- To meet the requirements for those who apply for a family residence permit to stay with the sponsor, (Submission of supporting information and documents regarding the purpose of stay in our country, proving that they live or intend to live with the specified persons, spouses must be over eighteen years of age, they are not within the scope of Article 7 of the said Law, the marriage is not made for the purpose of obtaining a family residence permit)
What are the reasons for Family Residence Permit Rejection, Cancellation or Non-Extension?
- Failure to fulfill or eliminate the conditions required for a family residence permit,
- Determining that the family residence permit is used for purposes other than the purpose for which it was issued,
- There is a valid deportation or entry ban decision against you, In these cases, family residence permits are not given, if they are given, they are cancelled, and expired ones are not extended.