Family Residence Permit
The family residence permit is governed by Articles 34 to 37 of the Foreigners and International Protection Law No. 6458 and Articles 30 to 34 of the Regulation on the Implementation of the Law on Foreigners and International Protection. This permit allows certain family members of Turkish citizens, individuals with specific statuses, or those holding residence permits to reside in Turkey.
Eligibility for Family Residence Permit
Family residence permits can be issued to:
- The foreign spouse of a Turkish citizen or a foreigner with a residence permit.
- The minor foreign child of the spouse.
- The dependent foreign child of the spouse.
If the foreigner applying for a family residence permit has multiple spouses, only one spouse can be granted a family residence permit. However, all children of the foreigner are eligible for this permit. For children, the consent of the parent with joint custody is required if they are outside Turkey.
Benefits of Family Residence Permit
Holders of a family residence permit have the right to education in primary and secondary schools until the age of eighteen without needing a student residence permit. Additionally, they may apply for a short-term residence permit under specific conditions:
- In case of divorce, if the person was married to a Turkish citizen and held a family residence permit for at least three years. This requirement is waived for foreigners who prove they are victims of domestic violence through a court decision.
- If the sponsor passes away and the family remains in Turkey with a residence permit.
- If the holder of a family residence permit has stayed in Turkey for at least three years and is over eighteen years old.
Duration of Family Residence Permit
A family residence permit can be issued for up to three years at a time. However, its duration cannot exceed that of the sponsor’s residence permit if the sponsor is a foreigner.
Conditions for Family Residence Permit
To qualify for a family residence permit, applicants must meet the conditions outlined in Article 35 of the Law:
- Sponsor Requirements: The sponsor must have valid health insurance covering all family members, a monthly income of at least one-third of the minimum wage per person, a criminal record showing no crimes against family order in the past five years, and must have resided in Turkey for at least one year with a registered address.
- Applicant Requirements: Applicants must provide supporting documents for their stay purpose, prove cohabitation with the sponsor, be over eighteen years old for spouses, and not fall under Article 7 of the Law. Additionally, the marriage must not be solely for obtaining a family residence permit.
Reasons for Rejection, Cancellation, or Non-Extension
Family residence permits may be rejected, canceled, or not extended if:
- The required conditions are not met or are no longer fulfilled.
- The permit is used for purposes other than intended.
- There is a valid deportation or entry ban decision against the applicant.
By providing these permits, Turkey supports family unity while ensuring compliance with legal requirements.