05 Apr What does Family Residence Permit means? And What are the Conditions of Family Residence Permit? In Turkish Law
A family residence permit for a maximum duration of two years at a time may be granted to the:
a) foreign spouse;
b) foreign children or foreign minor children of their spouse;
c) dependent foreign children or dependent foreign children of their spouse; of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding one of the residence permits as well as refugees and subsidiary protection beneficiaries. However, the duration of the family residence permit cannot exceed the duration of the sponsor’s residence permit under any circumstances whatsoever.
In cases of a polygamous marriage pursuant to the regulation in the [foreigner’s] country of citizenship, only one of the spouses shall be issued a family residence permit. However, a family residence permit may be granted to the foreigner’s children from other spouses.
For family residence permits issued to children, if any, the consent of the mother or the father who lives abroad and who shares custody shall be sought.
Family residence permits shall entitle the holder right of education in primary and secondary educational institutions until the age of 18 the without obtaining a student residence permit.
Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum of three years on a family residence permit may, upon application transfer to a short-term residence permit.
In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a Turkish citizen, provided that [he or she] resided on a family residence permit for at least three years. However, in cases where it is established by the relevant court that the foreign spouse has been a victim for reasons of domestic violence, the condition for three years residence shall not be sought.
In the event of the death of the sponsor, a short-term residence permit may be issued without any [minimum residing] time condition attached to those who have resided on a family residence permit in connection with the sponsor.
These are the conditions for family residence permits
With regard to family residence permit applications, the following conditions shall apply to the sponsor to:
a) have a monthly income in any case not less than the minimum wage in total corresponding not less than one third of the minimum wage per each family member;
b) live in accommodation conditions appropriate to general health and safety standards corresponding to the number of family members and to have medical insurance covering all family members;
c) submit proof of not having been convicted of any crime against family during the five years preceding the application with a criminal record certificate;
ç) have been residing in Turkey for at least one year on a residence permit;
d) have been registered with the address based registration system.
Subparagraph (ç) of the first paragraph shall not apply to holders of residence permit or work permit for the purposes of scientific research; who are within the scope of Article 28 of Law № 5901; or foreigners who are married to Turkish citizens.
The following conditions shall apply to foreigners applying for a family residence permit to stay with a sponsor in Turkey: a) to submit information and documents that they are within the scope of paragraph one of Article 34;
b) to assert that they live or intend to live together with those persons listed in paragraph one of Article 34;
c) not to have entered into the marriage for the purpose of obtaining a family residence permit;
ç) to be over 18 years of age for each spouse;
d) not to fall within the scope of Article 7.
The conditions set forth in first paragraph of this Article may not be sought for refugees and subsidiary protection beneficiaries who are in Turkey.
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