In this article, we will cover frequently asked questions in residence permits.
Q: My current visa/residence permit has expired. I could not exit Turkey, will I face an entry ban?
A: The foreigner must leave our country within 10 days from the expiry of the residence permit or visa period. Otherwise, the person will be fugutive because he has violated the legal period of stay. If the foreigner who has been fugitive voluntarily leaves the country, he/she stops by the visa violation office. And is subject to an administrative fine and -optionally-an entry ban, for the duration of the illegal stay. Also only administrative fines are imposed for persons staying illegally in Turkey for up to 3 month. For less than 3 months no entry ban will be impose.
Q: My residence permit extension application was rejected, what should I do in this case?
A: If your residence permit application or residence permit extension application is rejected, an action for annulment must be filed in the Administrative Court against the rejection of the residence application, if the conditions are met. However, it is not always reasonable to file an action for annulment due to the unique nature of immigration law. For this reason, we recommend that clients consider alternative types of residence in addition to filing a lawsuit.
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Q: My Residence Application Was Denied, Can I apply for residence again?
A: The person whose residence application is rejected cannot apply for the same residence type for 6 months. In this context, if the application of the person applying for touristic residence is rejected, the person can no longer apply for touristic residence for 6 months. However, it is possible to apply for one of the other types of application if it meets the conditions. And applicant shouldn’t be fugutive.
Q: DMM Rejected My Residence Application. Where should I get the Notice of Rejection?
A: If your residence permit is refused, it must be notified to the person and notification is received from the relevant immigration administration according to the distribution of duties in the relevant province. In Istanbul, this notification process is carried out in Kumkapı Migration Management.
Frequently Asked Questions on Residence permits
Q: I want to buy real estate in Istanbul, but it is said that Istanbul is closed to residence, can I reside in Istanbul if I get a residence permit?
A: It is not possible to give a general answer to every question, as there have been so many changes in the policies and regulations regarding foreigners. As of today, the information that Istanbul is completely closed to residence is not true. As a result of the evaluation made by the Directorate of Migration Management in October 2022, the districts of Fatih and Esenyurt, as well as Avcılar, Bahçelievler, Başakşehir, Bağcılar, Esenler, Küçükçekmece, Sultangazi and Zeytinburnu districts were closed to new residence permit applications. Currently (as of 30 July 2023), new residence permit applications are closed in these 10 districts.
In this context, if the person applies for immovable residence even if he has bought an apartment in one of these districts, his residence application will be rejected. In our country, where the policy on immigration is getting tighter with each passing day, we advise our foreign clients to take quick action by considering the closed districts in their applications.
Q: I want to extend my Residence Permit Application, when should I apply?
A: The residence permit extension application can be made at the earliest 60 days before the expiry of the current residence permit application. It is extremely important to make the residence application as soon as possible in order for the foreigner to be able to apply for alternative residence within the current residence period without being fugitive in in case of possible refusal.
Frequently Asked Questions on Residence permits
Q: My child’s residence permit has expired and has been illegal for 6 months, what can I do?
A: There is no entry ban in our country for those under the age of 18. Therefore, there is no obstacle for the illegal minors to apply for residence again by entering and exiting.
Q: My residence permit in Turkey expired at the end of 2020, I could not renew my residence permit. Can I get a residence permit without leaving Turkey?
A: If you meet the conditions, you can apply for a humanitarian residence permit. See humanitarian residence.
Q : My visa has expired, which country can I exit to?
A: every country except North Cyprus .
Frequently Asked Questions on Residence permits
Q: My wife is a resident based on immovable residence, and I am a tourist resident based on my spouse’s residence. In this case, can I apply for family residence instead of tourist residence?
A: In the type of residence based on immovable, if the spouse and children of the person are also named in the deed, the spouse and children will also be able to apply for residence based on the immovable. Otherwise, the spouse and children will be given touristic residence in the first time, and in the next extension period, it will be possible to apply for family residence.
Q: Which types of residence are not included in the counting of time for citizenship application in general way?
A: Touristic residence and humanitarian residence permits are not counting in the calculation. This situation prevents people who have been living in Turkey with these types of residence for many years from applying for citizenship in the general way. For this reason, it is important for foreigners who have the opportunity to apply for alternative residence types to apply to these alternative residence types.
Frequently Asked Questions on Residence permits
Q: If I establish a company in Turkey, can I get a residence or work permit?
A: There is no residence in Turkey based on company establishment. Likewise, establishing a company directly does not ensure work permit. If the company has a paid-in capital of 100,000 (One Hundred Thousand Turkish Liras) and has 5 Turkish SSI employees, the founder of the company will also be able to apply for a work permit.
Frequently Asked Questions on Residence permits
Being Fugutive during the residence permit extension process
The residence area shaped based on practice. And these practices can cause the victimization of foreigners in our country from time to time. Foreigners who apply for a residence extension encounter one of the most obvious of these situations. Foreigners who apply for a residence permit extension within the specified period may expire while they wait for the result.
Frequently Asked Questions on Residence permits
If the residence permit application of the person is positive, no problem arises. As a rule, if the residence permit extension application is negative, this rejection decision must be notified to the person and the person must leave our country within 10 days following this notification. However, in practice, foreigners face an administrative fine at the visa infringement office when they leave the country within the prescribed period. Because, at the time of departure, the system calculates the violation based on the expiry date of residence, not the date on the notification paper of the foreigner. In this way, all kinds of legal services are provided by our law firm to foreign clients who are victims of this practice.
You can contact us on any issue, especially residence applications, appealing the deportation decision, appealing the administrative detention decision and citizenship applications.
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