Long Term Residence Permit

Introduction to Long Term Residence Permit

A Long Term Residence Permit offers foreign nationals a longer duration of stay in the country compared to other types of residence permits. A Long Term Residence Permit allows a foreign national to stay in the country indefinitely, unlike a short-term residence permit or visa, which is limited to a maximum of two years. And foreigner doesn't need to obtain a visa but needs to consequently stay in the country within stated time frame. Lastly it is a good option for a foreigner who wants to retain his countries nationality for any given purpose. As the country may not allow it's citizens to have another citizenship by design.
Obtaining a Long Term Residence Permit provides significant advantages for foreigners as it allows entry and exit from the country without being subject to any prohibitions or additional conditions. It also enables the use of residence and work permits continuously without needing frequent renewals, unlike short-term residence permits.

1. General Principles of the Long Term Residence Permit

Foreigners who meet the conditions set forth by the law for a long term residence permit or the conditions determined by the Migration Policy Board will be granted a long term residence permit by the provincial governorates and the Directorate General of Migration Management (DGMM) with the approval of the Ministry. The "long term residence permit" will be granted indefinitely, meaning that the foreigner is not required to apply for an extension of the residence permit periodically. Foreigners who meet the necessary conditions can apply for a long term residence permit. One of the essential conditions for the long term residence permit is having resided continuously for eight years. It is mandatory to check the fulfillment of the condition of continuous residence for eight years in the long term residence permit. The requirement for the continuity of residence is a procedural obligation. Applications that do not meet this condition will be rejected directly after preliminary examination. The interruption in residence is determined as follows:

• The application date for the long term residence permit is taken as the basis for calculation. Periods during which the foreigner stays abroad and periods during which the foreigner stays in Turkey without obtaining a residence permit are considered interruptions. If the foreigner voluntarily stays abroad, these periods will be considered "non-compliant interruptions". However, if the foreigner leaves Turkey due to a necessity, it will not be considered a "non-compliant interruption".

• If there is no non-compliant interruption exceeding a total of 180 days within each one-year period counted backward from the application date, the previous one-year period will be reviewed, and this check will continue until eight years are completed.

• If there is no non-compliant interruption exceeding 180 days in each one-year period and the review is completed, it will then be checked whether there is a total non-compliant interruption exceeding 365 days in the last five years as of the application date. Again, if the non-compliant interruption exceeds one year, it will be considered a non-compliant interruption.

• Applications of foreigners who have stayed abroad or in Turkey without a residence permit for more than six months, either consecutively or in a single instance within the eight-year period, will be rejected without progressing to the segmental calculation.

• Periods of residence of foreigners who have been subject to deportation procedures will not be taken into account in the calculation of residence permit periods.

As for the condition of having resided in Turkey for at least eight years continuously, calculations will also be made according to the second paragraph for residence permits obtained before the enactment of the law. Therefore, foreigners who have obtained residence permits before the effective date of the law will also be subject to this control. In the case of a non-compliant interruption, the period to be considered for the foreigner is the date of re-entry into the country after the non-compliant interruption.

For example, Alex, who applied for a "long-term residence permit" on June 22, 2024, has been residing in Turkey since June 1, 2016. During the examination based on Alex's application, it was found that he did not leave Turkey in 2024. However, it was found that he resided in Germany from May 22, 2023, to October 22, 2023, totaling five months during which he was outside the country. Since Alex only left Turkey during these periods, he will be deemed to have fulfilled the continuous residence condition for the "long-term residence permit."

However, if it is found in this example that Alex was outside the country for eight months from January 1, 2022, to August 31, 2022, it will be understood that he exceeded the six-month period in 2022, and his application will be directly rejected. Furthermore, since Alex stayed abroad for 12 months during these two periods within the last five years, his application will be rejected as well. And assuming his last residence permit expires, Alex now has to apply for a visa to enter the country.

It is also checked whether the foreigner has received social assistance within the last three years as of the application date. Having sufficient and regular income is a necessary criterion for the foreigner, and the foreigner's situation in this regard will be checked. If it is determined that the foreigner has received social assistance, the request will be rejected.

In the application of the rule of having sufficient and regular income sources, the following points are taken into account:

• The foreigner must have the financial means to cover monthly expenses at least equal to the net minimum wage valid for the year of application. It should be noted that this amount will change since the minimum wage is determined on an annual basis in Turkey.

• The foreigner must have the financial means to cover expenses for each family member, including themselves, amounting to at least one-third of the minimum wage, in total not less than the minimum wage. As mentioned in the "family residence permit" section, it is mandatory for the foreigner to have financial means equivalent to those required for a "supporter". This is a specific requirement for the sponsor of the family residence permit. The sponsor must fulfill the criteria to effectively support the family's application.

• Third-party commitments are not accepted in determining the income source. It should be understood that declarations or personal guarantees related to surety will not be accepted here. The income statement must have a strong foundation.

Having valid insurance is also essential, as it is a procedural obligation. Applications of those who do not have valid health insurance as of the application date will be rejected. Having valid health insurance is a general requirement. It is currently a mandatory condition for every "residence permit".

If negative information is found regarding general security or public order concerning the foreigner based on personal research, the application will be rejected. If necessary, cooperation with the relevant security units will be established to investigate whether the foreigner poses a threat to public order or public security. These are mainly beyond the governorate's control, and related reports typically stem from intelligence operations and knowledge sharing. They typically present it in court collectively, often comprising blanket statements for all involved.

2. Rights Provided by the Long Term Residence Permit:

Except for exceptions, foreigners holding a "long term residence permit" will be entitled to rights granted to Turkish citizens according to certain procedures and principles. The rights they will benefit from are as follows:

• They are exempt from military service obligations in Turkey.

• They cannot benefit from the right to vote and be elected, enter public service, or import vehicles exempt from duty.

• They retain their acquired rights regarding social security, but the use of these rights is subject to the provisions of the relevant laws.

• The procedures regarding their residence, travel, work, investment, commercial activities, inheritance, acquisition, and transfer of movable and immovable property in Turkey will be carried out according to the regulations applied to Turkish citizens by the relevant institutions and organizations.

If a special law requires Turkish citizenship as a condition, they cannot demand the use of these rights and benefits. The rights granted to foreigners holding a long term residence permit may be partially or entirely restricted. This, of course, requires a decision from the ministry or the presidency.

3. Conditions for the Cancellation of the Long-Term Residence Permit:

• The residence permits of those found to pose a serious threat to public order or public security, as determined by the relevant security units, will be canceled by the governorates with the approval of the ministry.

• The residence permits of those who stay outside Turkey for more than one year continuously, except for reasons of health, education, mandatory public service, or duty in their country, will be canceled by the governorates with the approval of the ministry.

As previously mentioned regarding the first criterion: These are mainly beyond the governorate's control, and related reports typically stem from intelligence operations and knowledge sharing. They typically present it in court collectively, often comprising blanket statements for all involved. Exceptionally, individuals whose "long term residence permit" is canceled due to public order or public security reasons will not be able to apply for other types of residence permits.

For the second criterion: The "long term residence permit" of a foreigner who needs to go to their country or another country due to reasons such as health, education, or mandatory public service will not be canceled. However, if the foreigner leaves the country voluntarily without necessity and stays abroad for more than one year, it will be a reason for cancellation.

4. Re-Evaluation After the Cancellation of the Long-Term Residence Permit: Although foreigners whose long term residence permit is canceled due to staying outside Turkey for more than one year continuously, except for reasons of health, education, or mandatory public service in their country, can reapply to regain this permit. Applications are made to the designated authorities. Evaluations are carried out quickly and effectively. These applications should be prioritized and finalized within one month at the latest. The following criteria will be considered in evaluating the foreigner's reapplication for a long term residence permit:

• The foreigner's intention to stay in Turkey for the purpose of settlement will be investigated. The foreigner's organic ties with the country will determine their intention to stay in Turkey. The following aspects will be examined to present this issue reasonably and convincingly:

  • Does the foreigner have close relatives in Turkey?

  • What are the foreigner's immovable assets in Turkey?

  • Is the foreigner actively working in Turkey?

  • How strong are the foreigner's working relations in Turkey?

  • How strong are the foreigner's social, economic, and cultural ties with Turkey? Especially knowing the Turkish language is very important in this regard. If the answers to these questions are affirmative, the foreigner will have the right to live in Turkey with a "long-term residence permit."

Relevant Questions:

1. How much money do I need to have in the bank to obtain a residence permit?

   Answer: For short term and student residence permits, the foreigner's statement is sufficient unless the administration requests information and documents. However, for a long term residence permit, you must have sufficient and regular income. This can include not only direct income but also owning income generating assets. They can be different in nature.

2. I have a long-term residence permit and want to leave Turkey. Will it be a problem?

   Answer: A foreigner who has obtained a long-term residence permit can leave Turkey. However, if this period exceeds one year continuously, the foreigner's "long term residence permit" will be canceled. Therefore, leaving the country will not be a problem for holders of a "long term residence permit," as long as the period does not exceed one year continuously.