Residency permits and work permits
I haven’t received any feedback from readers concerning my articles from last week. Please feel free to comment on this matter as I would be pleased to read your opinions on equal treatment.
Most of the emails I received over the last month are related to property law and residency regulations. Unfortunately, it is not possible to respond to all emails, but I will respond to the ones with the most commonly seen questions. One of these emails might be an interesting topic for many readers: permanent residency in Turkey.
The reader asks whether as a foreigner it is possible to be granted a permanent residency permit in Turkey. The email reads as follows:
“Dear Mr. Çektir, I know that one- and two-year residency permits are commonly granted to foreigners married to Turkish citizens. I have also heard of individuals receiving permanent residency permits. What are the procedures for a foreigner to obtain permanent residency in Turkey?”
Residency permits granted to foreigners married to Turkish citizens are of two types. The law classifies countries into “Group A” and “Group B.” If you are a citizen of “Group A” countries, you are granted a five-year temporary residency permit and the permit can be renewed for five years each time. For “Group B” countries’ citizens, you are initially granted a one-year residency permit, which at the second and third renewal can be extended to two years. All subsequent renewals receive a five-year temporary residency permit.
“Group A” countries are European Union members and members of the Organization for Economic Cooperation and Development (OECD). “Group B” consists of all other countries.
According to Law No. 5683, Article 9, “Residency permits granted to foreigners shall not be more than five years.” The exception is that if there is reciprocity between Turkey and another country applied to residency permits. In such a case, a longer or shorter period for residency permits may be granted. Residency permits are granted to foreigners a maximum of four times. This is the rule for residency permits and should not be confused with a permanent work permits.
In terms of work permits, according to Turkish legislation, all foreigners who wish to work in Turkey are required to have a work permit from the Ministry of Labor and Social Security, unless stated otherwise through a bilateral agreement. There are three types of work permits for foreigners in Turkey. Foreigners must follow these steps:
Acquire a work permit from the Ministry of Labor and Social Security
Acquire a work visa from a Turkish embassy
Acquire a residency permit for foreign employees from a city police department
Types of work permits
Temporary work permit
Foreigners may be given work permits for a maximum period of one year after their first request. For all subsequent requests, the work permit can be extended for a period of up to three years.
Permanent work permit
Foreigners residing in Turkey for eight years or who have held a work permit for six years or more in Turkey may be given a permanent work permit.
Independent work permit
Foreigners who have resided in Turkey for five years may be given an independent work permit.
There is no permanent residency permit under Turkish law for foreigners; however, there is a way to grant permanent work permits and in such case, the holder will be entitled to receive a five-year residency permit each time. I contacted the department of the police dealing with foreigners to see if any permanent residence permits had ever been given. The officers informed me that they have never issued a permanent residence permit and that if it has been granted to someone, they would like to meet the person who holds it.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.
DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.
|