Regulation on the implementation of law no 6458 on law on foreigners and international protection

PART II – SECTION II – RESIDENCE PERMIT

Regulation on the implementation of the law numbered 6458 has been published on 17 March 2016 at Official Journal numbered 29656. Implementation regulation actually reflects the provisions of Law No. 6458, but also identifies and clarifies many points in the implementation of Law on Foreigners and International Protection. In regard to residence permits, most important implications and clarifications of the regulation have been in the defining deadlines formally and clarifying rules regarding residence permit application process and residence permit application document. In the regulation, in line with the Law on Foreigners and International Protection, following points are elaborated in more details.

  Action Legal Base
 Overstay a visa or visa exemption or continue to stay in Turkey without renewing residence permit after its expiry period. Apply for Residence Permit within 10 Days within Country As per article 21 (2) of the Regulation
 Cancellation of Work Permits Apply for Residence Permit within 10 Days within Country As per article 21 (6) of the Regulation
 Rejection of Work Permit Apply for Residence Permit within 10 Days after receipt of the rejection within Country As per article 21 (7) of the Regulation
Work Visa, Residence Permit, Work Permit Exemption obtained from Turkish Overseas Representations / Consulates Registration to the Address Registration System (AKS) within 20 working days As per article 22 (11) of the Regulation
Foreigners changing their identity, address and marital status information or their passport within the duration of residence permit Notify Provincial/District Directorate of Migration Management  in their provinces about these changes within 20 working days As per article 23 (3) of the Regulation
Foreigners changing their address Notify Provincial/District Directorate of Migration Management  in their provinces about these changes within 20 working days As per article 23 (2) of the Regulation
 Cancellation of Residence Permit Application due to exceeding time limits about staying Outside of Turkey New Residence Permit Application within 10 working days As per article 21 (12) of the Regulation
Residence Permit Extension Application 60 Days Before the expiry of residence permit or under all circumstances before the expiry date of Residence Permit As per article 21 (5) of the Regulation
Residence Permit Application Assessment Period At most within 90 days As per article 22 (2) of the Regulation
Completion of absent or  additional supporting documents if requested At most within 30 days As per article 22 (1) of the Regulation
Transfer between Residence Permits In cases where the reason, on the grounds which the residence permit is issued, no longer apply or a different reason appears Within 10 Days As per article 26 (1) of the Regulation
Residence Permit Application Document   Foreigners, except those who’s stated on their application forms that they are exempted from fee, without waiting the result of their residence permit application, by presenting residence permit fee receipts and within the residence permit duration they requested, will be able to leave Turkey more than once and on their each travels if they return to the country within fifteen (15) days they will be exempted from visa conditions. As per article 21 (9) of the Regulation

26 Comments

  • Angela

    Hi there…
    I hope you can help me…
    I am swiss citizen..i applied for a short term residency permit which got rejected. When i left turkey i payed the fine for overstaying. It is now about 6 weeks that i am in switzerland but i would like to go back to turkey now. Can i reenter or am i banned for 3 month..i dont know what to belive some tought me im only allowed to came back after 3 months some say i can reenter and apply again within 10 days.
    And if so..if i apply for the new permit am i only allowed to leave the country 15days at the time???
    I hope you can help me!!
    Thank you!
    Angi

    • ExpatGuideTurkey

      Dear Angi,
      Thank you for your comment.

      You need to stay abroad for 3 months in order to obtain new visa and come to Turkey again. If you come back earlier than after 3 months, you will be asked at the boarder to sign a document stating that you would apply for residence permit within 10 days upon arrival to Turkey. If you decide to come earlier and apply for residence permit, you should not leave the country until you finish application procedures and receive your residence permit card. Otherwise your application would be cancelled and you would be banned to re-enter Turkey for up to five years.

      Best Regards,

      • Angi

        Thank you for your fast reply…really thank you!!
        So one more question.. if i reenter after this 3months have past and i apply then for a new residency permit..am i then still only allowed to exit only 15days at the time.
        Best regards
        Angi

        • ExpatGuideTurkey

          Dear Angi,

          When you arrive to Turkey with new visa after 3 months, you can leave Turkey and come back as long as your visa will be valid. After your visa expires, you should wait for your residence permit card to leave Turkey. For some cities 15 days rule does not work anymore. You should ask the officer at the appointment about possibility of receiving permission to leave Turkey for 15 days period before receiving residence permit card. If you apply for residence permit shortly after arrival, it is possible that you would finish application procedures before your visa expires. This way you would avoid any period of time during which you are not supposed to leave Turkey.

          Kind Regards

  • AZAD

    thank you for Thanks for the quick answer
    Tomorrow I will go to the Turkish Embassy in Athens
    Thanks again

  • AZAD

    Hi, I have a Greek residence when I enter the Turkish territory through Sabiha airport. They prevent me from entering, knowing I have entered Turkey twice before. And they returned me to Greece, after a two-hour inquiry without knowing the reason for the Turkish authorities and the Greek authorities? They gave me a book to take to the Turkish embassy
    (entry ban)) low no 6458 article 15-1g)
    Please clarify
    Thank you

    • ExpatGuideTurkey

      Hello
      Thank you for your comment.

      Article 15 of the law no 6458 on law on foreigners and international protection explaines the rules regarding foreigners whose visa applications should be refused. Paragraph 1-g says: Visa shall be refused for those foreigners who do not possess sufficient and sustainable resources[for the duration of their stay]. If This explanation does not give you any idea about what the reason could be, you should contact the local Turkish embassy as we do not know enough details of the situation to provide you with exact reason in your case.

      Kind Regards,

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  • S. Field

    I have been told conflicting information, which is hard to confirm if it is correct or not. My question concerns foreigner residence application/extensions for Istanbul.
    Foreigner will now need to have their name on a lease for the length of intended short term residence. It is no longer sufficient to have a notary letter stating when you reside with a Turkish citizen.
    Foreigner will need police report from home country
    Foreigner will need medical report about blood
    Foreigner will need to show at least a 6 month bank statement showing sufcent funds (USD $500 per moth minimum)
    Foreigner must show tourism plans or reason for requiring a short term residence permit
    only once will short term residence be permitted for 1 year only maximum.

    Can any/all of this be confirmed?

    Thank you.

  • Behzad

    Our request for residents permit was rejected 2 days ago, now I want to know that if we open a limited company in Turkey, can we apply to another type of residence, within in 10 days? We don’t want to leave Turkey. Thank you

    • ExpatGuideTurkey

      Hello,
      Thank you for your comment.

      Yes, you can apply for work permit basing on your company documents and it would be your residence permit at the same time.

      Kind Regards

  • S. Field

    For Short Term Residence Permit (ikamet), When I pay the fees, am I able to leave Turkey for up to 15 days BEFORE my appointment or only AFTER my appointment? My current Ikamet was due to expire in March, I applied online and have an appointment in May, but I want to briefly leave in April without penalty if possible. Thank you for your assistance.

    • ExpatGuideTurkey

      Dear S. Field,

      Thank you for your comment.

      You can leave Turkey for 15 days after the appointment. If you leave before the appointment, the entire procedure for making a residence permit will start again.

      Kind Regards

  • Sara hailes

    I travelled to turkey istanbul last year and was detained by police and send bk on next available flight . After trying when i got home making calls and emails and no joy i let it go . Then this month i travelled to istanbul again 6 months later i was refused entry and given a for saying i have a entry ban law no 6468 article 15_1 (b) i travelled will 1 year vallidation left on my passport and 90 day multi entry evisa . Ive was given no reason why just that . I dont know where to begin consulate in london and turkey dont serm to be of any help ive went to goc gov site on immigration filled numorous forms heard nothing any sugestions to lift ban or find out how long its for and why its happened thanks

    • ExpatGuideTurkey

      Dear Sara,

      Thank you for your comment.

      Unfortunately, we do not fully understand what your problem is. But please note that foreigners who were deported from Turkey can not enter it for 5 years unless they get a work permit.

      Kind Regards

  • John Wilbur

    Hi.
    I’ve come to Turkey and i decided to apply for a Short-term residence permit. Unmindfully, when eight days passed after my stay duration, I applied online for the permit and recieved its application form. When I got to the department, on the day of the appointment, they pointed out that I submitted for the form after i had overstayed for 8 days.
    But according to the law here, isn’t my application valid, since it was obtained within the 10 days after the stay duration was expired?

  • Dormohammad

    Dear Sir/Madam,

    Mr. Jawed Ahmdi paid the penalty, do you think the police will also ban him from entry to Turkey? If yes, what is the benefit of the penalty he paid?

    Thank you,
    Dormohammad

    • ExpatGuideTurkey

      Dear Mr Dormohammad,

      In normal circumstances foreign nationnal overstaying in Turkey has to pay the penalty. If the penalty isn’t paid the foreign nationnal won’t be able to get a visa for Turkey and will be banned from Turkey. The main advantage of paying the penalty is the right to get a new visa later.
      To answer your question more accuratly i will need to know the nationnality of Mr Jawed.
      However, as i said previously, Mr Jawed should be able to get a new Visa if he has paid the penalty. I would like to also precise that in some cases foreign nationnal overstaying in Turkey might result in a temporary ban of territory, but as i said, it depend on the case of the foreign nationnal. This ban will be explained when the foreign will get outside of Turkey by the police officers.

      Best Regards,
      ExpatGuideTurkey team

  • Jawid Ahmadi

    hello dear,

    I have one year valid visa in my first visit I become over stay and on my departure I paid the penalty and after 2 month on arrival turkey the police give me a letter( the law on foreigner and international Protection No. 6458) that I must apply for ikamat in 10 days but i could not apply after 20 days on departure I paid again penalty and ( I do not know that can i use my visa to re-enter turkey or not)

    best regards

    Jawid Ahmadi

  • Jawid Ahmadi

    Hello

    Please accept my kind respect to all expatguideturk team, pls help me I have one year valid visa on departure I paid penalty does on arrival immigration police let me to re-enter again to turkey they did not cancel or stamp on my visa

    best regards

  • Jawid Ahmadi

    Hello dear,
    I have one year valid multiple business visa, on the my first visit I overstay for 21 days and on my departure I paid the penalty, after two month I return to turkey but the police delay me on immigration desk and after two hour they give me a letter to sign that I should apply for turkey residence in 10 days but I could not apply in 10 days after 20 days I departure from turkey and police in airport give me penalty again I paid, now I do not know can I enter to turkey again before 3 month or not and my duration of stay 90 days pls help me.

  • Jawid Ahmadi

    I have one year valid multiple business visa, on the my first visit I overstay for 21 days and on my departure I paid the penalty, after two month I return to turkey but the police delay me on immigration desk and after two hour they give me a letter to sign that I should apply for turkey residence in 10 days but I could not apply in 10 days after 20 days I departure from turkey and police in airport give me penalty again I paid, now I do not know can I enter to turkey again before 3 month or not and my duration of stay 90 days pls help me.

  • Jawid Ahmadi

    I have one year multiple valid business visa on the my first visit I over stay for 21 days and on my departure i paid the penalty then bcz of my business after two month I return to turkey but the police delay me on immigration desk and after two hour they let me to enter turkey duration of my stay is 90 days and i departure again after 20 days but police of turkey get penalty again and told me that u can not enter to turkey before 3 month I do not know what should I do my run business is in turkey if I stay away for 3 month from turkey I can not handle is this possible to apply from my home country for another visa or not pls help me

    • ExpatGuideTurkey

      Dear Mr. Jawid,

      You should get a new visa from your homecountry. In case if the police has applied a ban for you, the visa will be rejected by the Turkish Consulate. If the police didnt apply any re-entry ban you will get a visa by Turkish COnsulate and come back to Turkey.
      My suggestions will be to apply for the residence permit once you come to Turkey in order to avoid any problems on departure day in future.

      Best Regards,
      ExpatGuideTurkey team

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