Calis Beach and Fethiye Turkey Discussion Forum

Information and Services in Turkey Section => Residency in Turkey, Visas, Work Permit Questions => Topic started by: nichola on April 11, 2013, 19:32:01 PM

Title: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on April 11, 2013, 19:32:01 PM
Thank you to Şule Beder Lawyer for the following

http://www.sulebeder.av.tr/category/about/

Law no. 6458 on Foreigners and International Protection has been published in Official Gazette on 11 April 2013, No: 28615.

In the last session of Turkish National Assembly, on 04 April 2013, new Law on Foreigners and International Protection has been passed. Law on the Foreigners and International Protection will make substantial changes in the Turkish asylum system, as well as will outlaw existing Law no: 5683 on Law Related to Residence and Travels of Foreigners. New law will be first Turkish asylum law and will be treated as Turkish foreigners’ code. New law specifies entry rules to Turkey, visa regulations and residence permit applications as well as identifies rules and principles regarding deportation and international protection. Law on the Foreigners and International Protection also establishes General Directorate of Migration Management under the Ministry of Interior.

Following points are the major features of the new law about the residence permits.

Exemptions from Residence Permits
Following foreigners will be exempt from residence permit requirements;  (ii) those foreigners who owns “certificate of stateless person” (iii) officers of diplomatic and consular missions (iv) those family members of the officers of diplomatic and consular missions (approval from the Ministry of Foreign Affairs is sought) (v) those officers of International Organizations, whose employment status has been determined by the international agreements, (vi) those foreigners who kept exempt from the residence permit requirements by international agreements which Turkey is party (v) foreigners within the scope of article 28 of the Law no: 5901 on Turkish Citizenship.[1] (vi) those foreigners who owns “Certificate of International Protection Applicant” or “refugee certificate” prepared in accordance with articles 69/7, 76/1 and 83/1 of the Law on Foreigners and International Protection.

Residence Permit Applications
Residence permit applications will be made through the Turkish consulates in the home countries of foreigners. In order to apply for residence permit, it is essential that, foreigner applicants should have passport which is valid for at least 60 days beyond requested residence permit period. Duly applications will be finalized not more than 90 days period. Those foreigners, who obtained residence permit from Turkish consulates in their home countries, should register themselves to the Address Registration System within 20 days after their arrival to Turkey.

Only in following exceptional cases, residence permit application can be made within Turkey through relevant governorships; (i) With requests or decisions of the Turkish judicial and administrative bodies,  (ii) In the circumstances when the departure of foreigner from Turkey is not reasonable and possible, (iii) “Long-Term Residence Permit” applications,  (iv) Student residence permit applications, (v)  Residence permit applications on humanitarian grounds,  (vi) Applications for transition from ‘Family Residence Permits’ to ‘Long Term Residence Permits’, (vii) Residence permit application for child born to foreigner parents who have valid residence permits in Turkey. (viii) Residence permit applications made for new purposes of stay upon disappearing of cause for granting current residence permits. (ix) Applications for ‘Short Term Residence Permit’ after completion of higher education in Turkey.

Extension Applications
Residence permit extension applications will be accepted by relevant governorships of Turkey.  The application for extension might be submitted within 60 days before and in all circumstances before the expiry date of the residence permit. After extension application, applicants will be given a document which is not subject administrative fees. During extension evaluation period, foreigners will use this document to continue to reside in Turkey legally.

Work Permits will be used as Residence Permit
As per new rules on residence permits, valid working permissions will be used as residence permits. Thus work permit validity requirement of residence permit application within 30 days upon obtaining the work permit (for consulate applications 30 days was starting upon arrival of work permit holders) will be outlawed.  On the other hand the same as work permits, “Work Permit Exemption Certificates” will also be used as residence permits.

Interruptions in the residence permit period
Staying outside of Turkey for the periods more than six months within one year or more than one year within last five years will be accepted as interruptions in the residence permit period. In the residence permit applications of those foreigners who have interruptions in their residence permit period, previous residence permit periods will not  taken into consideration. This rule is also applicable for the applications for transition to another type of residence permit. In the calculation of uninterrupted residence period, half of the period for student residence permits and full period for other types of residence permits will be considered.

Types of Residence Permits
New law specifies six main types of residence permits. (i) Short-Term Residence Permit, (ii) Family Residence Permit, (iii) Student Residence Permit (iv) Long- Term Residence Permit (v) Humanitarian Residence Permit (vi) Residence Permits for the victims of Human Trafficking.

1.   Short- Term Residence Permit
Short-term residence permits are granted in accordance with the visiting purpose of the foreigners. Short-term residence permits will be issued at most for one year terms. Short term residence permit might be granted for the following foreigners who have suitable accommodation conditions in Turkey. It is essential that, foreigner applicants should have passport which is valid for at least 60 days beyond requested residence permit period. Additionally foreigners might be asked to provide criminal record from their home countries if Turkish authorities consider necessary.

a) Those foreigners coming to Turkey for scientific research.
b) Those foreigners who owns immovable property in Turkey.
c) Those foreigners coming to Turkey for business relations or opening business.
ç) Those foreigners coming to Turkey for in-service-training
d) Those foreigners coming to Turkey as a part of international student exchange programs or in line with international agreements which Turkey stands as a party.
e) Those foreigners coming to Turkey for tourist purposes.
f) Those foreigners coming to Turkey for medical treatment except for those illness might cause a threat to the public health.
g) Those foreigners who need to stay in Turkey due to requests or decisions of judicial or administrative bodies.
h) Those foreigners who seek transition from Family residence permit to Short-term residence permit.
i) Those foreigners coming to Turkey to attend Turkish Language Courses might be granted with short-term residence permit at most two times.
j) Those foreigners coming to Turkey for training, research, internship or traineeship purposes through Turkish Public Institutions might be granted with short-term residence permit at most one time and not more than for one year.

In the case of staying outside the Turkey more than 120 days within one year, Short Term Residence Permits might be cancelled. Applications of foreigners who are subject to the deportation or entry ban decisions will be rejected.

2.   Family Residence Permit
Family Residence Permit is granted to the foreigner spouse, foreigner children who are under statutory age and dependent foreigner children of foreigners who have valid residence permits, foreigners who own secondary-protection status, refugees and persons who lost Turkish citizenship by obtaining renunciation permit. Family residence permits will be issued at most for two year terms on each application. In the case of marriage with more than one partner, only one partner might be granted with Family Residence Permits. However children from the other partners are granted with Family residence permit. In addition, both partners of marriage should me aged 18 years old or above.  In granting Family Residence Permit to the children, if dual guardianship is exists, consent of father or mother who also has parental right is sought. Children with family work permit may continue their primary and secondary education without having student residence permits. Spouses or children, in order to apply for Family Residence Permits should have passport which is valid for at least 60 days beyond requested residence permit period. Those foreigners who resided in Turkey at least three years and turned to 18 years old might apply for transition from Family residence permit to Short-term residence permit.

In the case of divorce with Turkish citizen partners, foreigners have resided in Turkey at least three years with family residence permits might be granted with short-term residence permit.  However in the existence of court decision on domestic violence, three years duration is not considered for divorced foreign partner.

In order to be eligible with Family Residence Permit following conditions should also met. (i) to reside in Turkey at least one year with valid residence permit,[2] (ii) to have monthly income not less than Turkish minimum wage which is also no less than one third of minimum wage for per household members, (iii) to have suitable accommodation conditions in Turkey in line with general health and security, (iv)  to have medical insurance which covers all household members, to prove not convicted with any domestic violence or similar crimes within 5 years prior to the application date and (v) to be registered with Turkish Address Registration System.

3.   Student Residence Permit
Student residence permit is granted to those foreigners who will be enrolled to the graduate, undergraduate or two years associate programs in the Turkish higher education institutions. Those foreigners who will study in primary or secondary education programs, with the consent of their parents, might be granted with student residence permit at most for one year terms on their each application.  Student residence permit does not grant any rights about residence permits of parents and other relatives of the foreigner students.  Period of student residence permits can not exceed duration of education.

With the new Law on Foreigners and International Protection, different than current rules regarding to the employment of foreign students in Turkey, foreign students can work in Turkey legally after obtaining work permit. However foreigner students who are enrolled in the undergraduate or two years associate programs can start working in Turkey after completing their first year of study. Moreover only for foreigner students who are enrolled in the two years associate programs, working hours can not exceed 24 hours in a week. Applications of foreigners who are subject to the deportation or entry ban decisions will be rejected.

4.   Long Term Residence Permit
A foreigner may be eligible for Long Term Residence Permit for indefinite period of time, if have been residing in Turkey legally and interruptedly for 8 years with valid residence permit.  However those foreigners who are classified as refugee, conditional refugee or those owners of residence permits for humanitarian purposes or those who are under temporary protection are not be eligible to apply for Long Term Residence Permits.  Additionally in order to be eligible for Long Term Residence Permit foreigners also need to meet with the following criteria.

Accordingly foreigners;
•   Should not be granted with Social Help within last three years,
•   Should have adequate and regular resources for personal or family livelihood,
•   Should have valid health insurance,
•   Should not be considered as a threat to public order and security.

In the case of staying outside the Turkey for any reasons except health, education and compulsory public service for more than one year, Long Term Residence Permit might be cancelled.

5.    Humanitarian Residence Permit
In the following circumstances Humanitarian Residence Permit might be granted at most for one year. Residence permit on humanitarian grounds can be extended.

a) If the highest interest of child is in question
b) In the case of departure of foreigner from Turkey is not reasonable and possible, even if the foreigner is subject to the deportation or entry ban decision.
c) If the deportation decision may not be taken due to provisions of article 55 of the Law on Foreigners and International Protection.[3]
d) During the legal actions taken against to the deportation decisions or not allowed international protection applications.
e) During the returning process of international protection applicants to country of first asylum or third safe country.
f) For those foreigners allowed entering Turkey for the sake of state interests or public order and public security. (if the grounds for applying another type of residence permit is not available)
g) In exceptional circumstances.
Holders of Humanitarian Residence Permit should register themselves to the Address Registration System within 20 days after they granted with residence permit. 

6.   Residence Permits for the Victims of Human Trafficking
A foreigner who is victim of an offence related to Human Trafficking might be granted with 30 days valid residence permit for reflection and for him or her to decide whether to take action against the perpetrator(s) of the offence.  Residence permits for the Victims of Human Trafficking might be extended at most 6 months periods, however extensions can not exceed three years.

As per article 125 of the New Law, except provisions regarding to the establishment of General Directorate of Migration Management under section 5, all other provisions shall enter into force one year after the publication date.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 11, 2013, 19:45:14 PM
Anyone care to give a synopsis ?   ;)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: thebillet on April 12, 2013, 06:13:15 AM
Thank you Nichola, great link and outline of the new laws.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: quackers on April 12, 2013, 06:42:19 AM
Well for us. When we have had a contınuous resıdency for 8years unıterrupted we can apply for a long term resıdency permıt whıch wıll last for an ındefınate perıod .They don't say ıf there ıs a charge for thıs permıt though. I presume we wıll not have to bother wıth passport polıce renewals once we have ıt. We have got medıcal ınsurance, and adequate ıncome  so only 2 years to waıt as we have been here 6 years already wıth resıdency permıts.
Title: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on April 12, 2013, 06:56:44 AM
I feel sorry for my friends who are retired and able to spend extended periods here. The 90 in 180 visa doesn't work for them but now it seems that the six month rule with a residence permit will also not work for them either, I think that I did see that spending time away for health reasons are not counted, maybe this is a loophole they could use?
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Marggie on April 12, 2013, 07:40:26 AM
You are absolutely correct George.  Lots of retirees took out residency to enable them to spend the months in Turkey that suited them - for instance May, June, September and October, lovely months with pleasant temperatures.  Despite the fact that they may have paid for a 3 or 5 year residence permit, if they then go back to the UK for the winter it will be cancelled.

I know lots of people have been returning to the UK for good and I think this new ruling will encourage more to leave.  For ourselves, we will have to consider how we are going to deal with this.  We may have to revert to the 90/180 day visa - initially I thought that as long as you were not out of Turkey for six months the permit would still be valid but I see that if you are out of Turkey for six months in any year it is cancelled.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 12, 2013, 08:11:16 AM
We were planning on travelling on a 90 day visa next year and then applying for a 3 year residency permit within a month of arrival - but :-

Residence Permit Applications
Residence permit applications will be made through the Turkish consulates in the home countries of foreigners.

So do we now have to apply before we go ? (or come back for it !!!!)

Also what does "Duly applications will be finalized not more than 90 days period." mean ????

Confused.com  >:(

Title: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on April 12, 2013, 08:57:48 AM
Kevin, I read that and also didn't get it. Maybe the British Consulate should try and clarify this, I'll drop them an email and ask if they can either respond directly or at least put it on the agenda for their next ex pats get together.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 12, 2013, 09:20:09 AM
Thanks - Hopefully it will be resolved in the next 12 months !!!!   :D
Title: Summary of the New Law - on Resident Permits w/e April 2014
Post by: lizdev on April 12, 2013, 10:20:10 AM
Prior to 2012 we made 2 visits of around 11 weeks each which suited us spending half the year in Turkey and half in Scotland.  Last year with the visa changes we could only make 2 visits of around 6 weeks each which didn't suit us so we were planning on taking out residency permits this year.  This new law doesn't make this viable for us now.  I guess the only way round it is to visit in December/ January for a week or 2 which will cover our May/June trip.  Apart from the added expense of a return flight they are very limited around that time of year.  Not good!
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on April 12, 2013, 11:16:45 AM
I have dropped the Consulate a note and will post when they answer
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: JohnF on April 12, 2013, 11:17:55 AM
Anyone care to give a synopsis ?    ;)

Hers what I posted somewhere else:

The problem, as I see it, is that what they are effectively doing is getting rid of the 1 year + RPs and replacing them with two very different types of RP - and I'm looking at it from the perspective of many on here who are either retired or have holiday homes they use frequently.

For those in that category who have not "been residing in Turkey legally and interruptedly for 8 years with valid residence permit" then they are only eligible for the Short Term RP under the following criteria from the translated document:

b) Those foreigners who owns immovable property in Turkey.

e) Those foreigners coming to Turkey for tourist purposes.

On the basis that a RP may be cancelled if you are outside TR for more that 4 months, this could present problems for those who use holiday homes for a few weeks/months solely during the summer months.

For longer term residents it means yearly applications - I'm assuming they can do it locally without having to leave the country, although the only provision mentioned for this would appear to be the transition from current RP to new style:

Quote
Only in following exceptional cases, residence permit application can be made within Turkey through relevant governorships...

...(ii) In the circumstances when the departure of foreigner from Turkey is not reasonable and possible...

...(viii) Residence permit applications made for new purposes of stay upon disappearing of cause for granting current residence permits.

Maybe they'll allow it under (ii)?

Thats my reading of it, have I got it wrong and am missing something obvious for current RP holders?


JF
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Ian on April 12, 2013, 11:24:32 AM
Do you think that those who took out 5 year residency in the past 18 months will have those cancelled or will they be able to run their course?
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: amca on April 12, 2013, 11:41:41 AM
First thoughts
1. Topic title refers to w/e April 2014 ....... is this a typo? if not, what is the significance of that date?
2. When are the new rules going to be implemented?
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 12, 2013, 11:51:45 AM
This was only published on 25 March and still reflects the existing rules on the residency link :-

https://www.gov.uk/living-in-turkey#entry-and-residency-requirements-in-turkey

Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: JohnF on April 12, 2013, 11:55:38 AM
First thoughts
1. Topic title refers to w/e April 2014 ....... is this a typo? if not, what is the significance of that date?
2. When are the new rules going to be implemented?

You've kinda answered your first question by asking the second - yes, April 2014 is when the new law kicks in.

I doubt it will in its current format - I suspect there will be amendments as a result of representation from a few countries, hopefully the UK will be one of them.

JF
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: amca on April 12, 2013, 12:04:54 PM
Thanks JohnF.
Now I can give some second thoughts to the content.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: daveG on April 12, 2013, 17:05:06 PM
Ian our circumstances are like yours and it would appear that on taking out residency we should have been aware that "we would be damned if we did and damned if we did,nt"!!
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Ian on April 12, 2013, 17:20:06 PM
Hopefully they will allow them to run and honour them but I am not holding my breath!

I must admit that all the confusion around 14 months ago when we dashed in good faith to take out SGK after previously taking out a 5 year residency in order to spend 7 or 8 months a year in Turkey in our retirement over a 5 year period after also trading up (property) in value terms at the same time is making me consider for the first time ever "have we done the right thing?"

I am a meticulous planner and this approach has served me well in life - but it seems almost impossible for me to do so effectively in Turkey.

I am having to spend more time amending my spreadsheets than I am around the pool    ;)

The word Spain was uttered today for the first time ever in conversation but I think it was just a temporary lapse     :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Marggie on April 13, 2013, 07:21:56 AM
A 180/360 day visa would enable many people who are not resident to spend extended periods here.  People would still have to leave Turkey for six months but their time here would be more flexible

Having completed our first year of residency, we are now eligible for SGK.  It is great for people who live here permanently but as we split our time between Turkey and the UK we do not want to get tied up in it as it would appear, that once part of it, the only way out of it is death.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Ian on April 13, 2013, 08:59:46 AM
Marggie - I was led to believe that your SGK was linked to your residency - so if (say you were under the new proposed changes 6 months out of the country or you decide not to renew) then it was cancelled by the authorities and you would lose your rights to SGK services and you would only pay up to that point.

Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Marggie on April 13, 2013, 09:18:50 AM
Thanks for that Ian.  It is a minefield but hopefully there will be be changes made before implementation.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on April 13, 2013, 11:06:36 AM
I wonder if it is worth making this topic a sticky so all comments are kept together as I am sure there will developments over the next year. I will be interested to hear what the Consulate has to say George.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 13, 2013, 17:58:42 PM
I wonder if it is worth making this topic a sticky so all comments are kept together as I am sure there will developments over the next year. I will be interested to hear what the Consulate has to say George.
'Making this topic a sticky'? please explain   :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Scunner on April 13, 2013, 18:02:07 PM
It means making the topic stick to the top of the list, i.e. not drop down behind newer topics - so it stays first in view.

Which by the way, I have done  :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Scunner on April 13, 2013, 18:03:02 PM
...although I do think perhaps it would be better as a sticky in the residency/visas section?
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: daveG on April 13, 2013, 18:57:29 PM
Thanks Keith, Either Section. I do feel that this is one of the most important issues of late and involves large numbers of tourists/potential buyers, landlords and ex-pat residents and of course is not just restricted to our region of Mugla.
Furthermore thanks Nichola for all your efforts. 
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Kevin Sowten on April 17, 2013, 15:28:33 PM
Additional clarification here :-

http://kalkan.turkishlocalnews.com/portal/kalkan-news/288591-new-turkish-residency-laws-starting-2014-an-update
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on April 17, 2013, 15:45:50 PM
I just want to add a clarification from Şule Beder (lawyer) re the interpretation of "interuption".

If you stay out of the Turkey more then 6 months in 1 year and total 1 year last 5 years, could mean interruption to your residency.

Also I would strongly advise everyone with an "issue" or question to contact the Consulate. Normally when a law is signed off by the President it becomes law virtually with immediate effect. The year between the law being signed and implemented probably means one thing... there is a consultation period and time to iron out potential anomalies. 

The more people that raise questions, issues, examples, etc. the more likely that these will be addressed before implementation.
Title: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on April 17, 2013, 15:59:42 PM
As per usual, it throws up as many questions as it does answers. It seems that once my 5 year residency comes to an end ( which will be my first period of residence ) then I'm only allowed to apply for short term residency ( one year periods ) until I have been here for 8 years, after which I can apply for long term residency. The short term residents permits are subject to a condition that you must not spend more than a total of six months outside of Turkey within the year and the 90 in 180 is the. Only other option. So it does seem that many are between a rock and a hard place with this new law. I've again asked the consulate to comment but so far, no joy.

P.S. am I too old for military service !!!
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: tonysue on April 17, 2013, 17:05:18 PM
Speaking to a translator friend of our who seems to know all things Turkish, he is of the opinion there will be a lot of jigging about to this bill before it is passed. in essence it is a positive step as it will keep a lot of nations out of Turkey who can apply for residency as the law stands today, nations we dont want in Britain and the EU dont want in their countries either. This will also assist Turkey as it moves towards the EU and he is convinced there will be concessions towards EU nationals once the details have been thrashed out. Another case of wait and see.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on September 17, 2013, 22:11:47 PM
A good article by Kalkan News on the upcoming changes to residency

http://kalkan.turkishlocalnews.com/portal/kalkan-news/288591-new-turkish-residency-laws-starting-2014-an-update
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: quackers on September 18, 2013, 05:36:20 AM
So if you opt out of SGK ,as the SGK office is asking you confirm if you want to, you will not be eligable for long term residency unless you have private medical insurance.As this is one of the criteria for being allowed long term residency.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Eric on September 18, 2013, 09:42:49 AM
It would appear so.  But this is Turkey and the final result may be entirely different.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: lance on December 12, 2013, 22:49:46 PM
My friend has to go back to the U.K.early march but his residency runs out early april ,can he apply for new one before he goes ,or will he have get a temp one when he comes back and then get new residency .
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: micky mouse on December 15, 2013, 21:05:47 PM
After reading all this info im still confused,from april 2014 can i come and go under 90/180 day rule or does one have to purchase this new e visa online before traveling and how does that work.I thought they were doing away with the visa stamps at the airport.Maybe after coming to turkey for more than 30years now perhaps i should book an appointment with my local srink,still comfused.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: lance on January 28, 2014, 15:33:13 PM
Do you still have to go to the passport police to get your residency.also can you get 3year residency still .
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on January 28, 2014, 18:42:28 PM
At the moment yes Lance. Until the new changes come into effect (allegedly April) it's business as usual. You shouldn't have a problem getting a 3 year residency permit. That way you won't have to worry about the one year residency rule just yet or in fact for another three years.

Hope this helps   :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: antonia1966 on February 19, 2014, 19:45:28 PM
Oh Nichola...Now I'm totally confused...:-( We are thinking of moving out to Turkey within the next 12 months. So have started collating information on things we need to do, sort out and time scale needed to do all this...As my partner and I are not married but have a 9 year old together does this mean we can apply for a family residency? Or do we need individual? confused.com
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: nichola on February 19, 2014, 20:41:14 PM
This is probably the most useful and comprehensive information relating to the proposed changes to Turkish resident permits. I haven't seen anything more recent than this and like all things in Turkey may well be subject to change or the implementation date extended.

Note if you are applying for the first time according this "all first time applicants wishing to apply for a Turkish Residency Permit need to apply to the Turkish Consulate in the UK". This is a significant change as before you could wait until your entry visa was about to run out and apply in country.

http://www.yellali.com/news/article/31/new-turkish-residency-rules-explained

There is a lot of good information on this web site - look at the bottom of the right hand side of the page and you can just browse back through the archives for each month to see what's relevant to you. You can also sign up for a newsletter or join their Facebook page.

https://www.facebook.com/yellaliturkey?fref=ts

Hope this helps    :)

Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on January 22, 2015, 15:18:02 PM
Just had confirmation,from Yell Ali, that foreigners staying out of the country for 120 days in one year,
With old blue book residency, or new residency card, will lose their residency permit,
But can apply for one with no time limit ,and you would have to get a e visa to stay in Turkey
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: DonM on January 23, 2015, 07:19:24 AM
Here's the full chapter and verse.

Update on Residence Permit processes
22nd January 2015
An announcement by the British Consulate.
UKinTurkey

Update on Residence Permit processes

Consular staff from the British Embassy met Deputy Director of the Foreigners Department at the Directorate General of Migration Management (DGMM) on 20 January 2015 for updates on changes to the residence permit processes. We were advised of the following:

Long Term Residence Permits

Applications for the long term or ‘indefinite’ residence permit should now be accepted at all Foreigners Departments of the Turkish National Police (TNP) in Turkey.
For eligibility criteria for this type of permit please refer to Articles 42 & 43 of the Law on Foreigners and International Protection (Law 6458). The English language version of this law can be found on the DGMM website www.goc.gov.tr
We are aware that some offices are not yet allowing residents to apply for this type of permit-this information was passed to the DGMM.

‘120 day rule’

According to Article 33 paragraph c of Law 6458 ‘Under the following cases a short-term residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when:
c) [the foreigner] lived outside of Turkey for longer than one hundred and twenty days in total during the preceding year’
This rule is now being applied to both short term residence permits issued after April 2014 (new style card) and those issued prior to April 2014 (old blue book style).
If you are out of Turkey for more than 120 days in the previous 12 month period your residence permit will be cancelled on re-entry to Turkey and you must obtain either an e-Visa, or visa on arrival, to cover your stay until you wish to reapply for a residence permit.
You will be able to apply for a new residence permit immediately following cancellation of your existing one.
We have been made aware that there are inconsistencies in application of this rule dependant on the port of entry-this information has been passed to the DGMM.

First Time applications

Foreign nationals wishing to apply for their first residence permit can continue to do so from within Turkey until further notice. No date has been given for any change to this system.

Opening of DGMM offices in Turkey

There is no timetable as yet for the opening of the regional DGMM offices in Turkey. There are DGMM staff now working alongside TNP staff in the local Foreigners’ Departments.

New rule for property buyers

Anyone wishing to buy property in Turkey who does not hold a residence permit now needs to obtain their Foreigner Identity number (Yabanci Kimlik No.) from the TNP Foreigners’ Department in the nearest city (not local town)in order to proceed with the property purchase.
This service is free of charge.

Any issues or questions regarding residence permits should be directed to the DGMM or the office where you applied for your permit. The DGMM contact details, in English, can be found on the homepage of their website www.goc.gov.tr
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: AOK on January 23, 2015, 08:23:08 AM
Tnks for the info Don  :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: KTLN Kalkan on January 23, 2015, 11:01:39 AM
Our report on this subject http://kalkan.turkishlocalnews.com/portal/kalkan-news/412047-turkish-residency-rules-update-january-2015 (http://kalkan.turkishlocalnews.com/portal/kalkan-news/412047-turkish-residency-rules-update-january-2015)

Davybill - just coming back on your point about being able to apply for residency permission with no time limit.  That isn't possible unless you have built up 8 years qualifying residency.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on January 23, 2015, 12:14:40 PM
KTL,what I meant was there is no time limit for when you can reapply for your new R.P.after its been  cancelled out.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Evie on February 03, 2015, 06:13:37 AM
We qualify for full residency having held a residency for over ten years. Our current residency ( blue book) runs out June 2016 does anyone know if we can apply for full residency now or do we have to wait until current residency runs out.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: JohnF on February 03, 2015, 11:26:17 AM
Different provinces, in fact even different offices, all appear to be using different criteria - best course is to toddle along and ask.  I read somewhere recently that Antalya (I think!) were allowing applications for the long term RP now, as long as you had the uninterrupted eight years.

Nothing to lose by asking, is there?

JF
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: JohnF on February 03, 2015, 11:30:22 AM
Our report on this subject http://kalkan.turkishlocalnews.com/portal/kalkan-news/412047-turkish-residency-rules-update-january-2015 (http://kalkan.turkishlocalnews.com/portal/kalkan-news/412047-turkish-residency-rules-update-january-2015)

Davybill - just coming back on your point about being able to apply for residency permission with no time limit.  That isn't possible unless you have built up 8 years qualifying residency.

Instead of simply posting a link to your site, do you not think it may be more polite to this site owner to post the actual article, with an accompanying link to the original, on your site.

Just saying like...

JF
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: KKOB on February 03, 2015, 13:32:05 PM
An introduction would have been nice too. Instead of just bowling in with a link to their own site.

Just saying like.....  ;)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Sleuth on February 05, 2015, 17:49:07 PM
Reading various posts on here and other forums... it appears that so far the passport control police at the Turkish airports are not cancelling Residency permits ( blue books) that have not `expired`
Has anyone heard of anyone so far who has actually had their `blue books` cancelled and were forced to get a visitors visa at the airport ?
We fly out on monday   :o
   
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: KKOB on February 05, 2015, 18:46:23 PM
Yep, it happened to someone a couple of days ago on FB.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on February 05, 2015, 20:25:29 PM
The latest information is all residency owners are liable for their own RPs,
and the passport police don't check for how many days you have had coming in,
but when you fly out you are liable for heavy fines, if you have over 120 days out of turkey in a year,
and the RP,cancelled,
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on February 06, 2015, 08:16:25 AM
I'm sorry but the last post looks like complete misinformation to me. For a start, where have these "heavy fines" come from? I think you are mixing up the procedure for the tourist visa where you will get fined if you over stay 90 days in 180 on leaving the country.

The 120 day rule applies to holders of residence permits (both cards and blue books) and that is calculated on the date you enter the country. At this point how many days you have been out of Turkey in the past 365 will be calculated and if that total is more than 120 then you will be required to enter on a tourist (90 day visa) and your RP will be cancelled. There are no fines involved.

When I enquired specifically about this I was told that the passport police have a system that calculates the period.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: JohnF on February 06, 2015, 08:38:28 AM
When I enquired specifically about this I was told that the passport police have a system that calculates the period.

Yes, you're totally correct.  However, it would appear that the polis don't have a record of whether or not an RP has been cancelled under the 120 day rule - as usual, it seems to be all a bit hit or miss in how the new regulations are being implemented.  I've recently heard of someone going to the yabanci polis to sort their, as they thought cancelled, RP out only to be turned away because as far as the polis are concerned it was still valid.


JF
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Hellzbellz on February 08, 2015, 17:34:59 PM
There are no fines involved.


When I applied for my new one as told I couldn't renew current one due to being out more than 120 days, although I had an evisa as told to buy by passport police, I was still fined 40TL for being a day late renewing which didnt make sense to me but I paid happily just to get permit. Think everything is decided on the day depending on which way the wind blows. The new permit also had same Kimlik number as i had before so I wonder if the previous 3 years will still count towards the 8 years?
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on February 08, 2015, 18:48:21 PM
Your eight years has been re-set to zero I'm afraid, you were not fined for staying away for more than 120 days which was my point regarding the previous post, it seems they imposed a fine on some other obscure rule regarding your renewal.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on February 08, 2015, 20:09:53 PM
I think we will have to wait and see regarding fines Rimms, as this isTurkey,
As on a meeting in Kas ,it says there is no flashing lights telling the custom police
How many days you have been out of the country when you come into turkey with your residency.
So the check, will probably be when you go out.








Title: Re: Summary of the New Law - on Residence Permits w/e April 2014
Post by: DonM on February 08, 2015, 20:26:24 PM
I've read it somewhere that the immigration police at entry points only have the facility to check that your RP is in date and/or you have a E Visa.

I can't find it, maybe somebody else has read it.

Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on February 08, 2015, 21:14:38 PM
Davybill, you make my point for me. The fines which you obviously dreamed up in the first place but then stated in your original post that they will be imposed heavily on exit, now you are mis quoting what was said in the meeting organized by the Kas Kaymakam but guessing that these none existent fines "will probably" be imposed when you exit (because "this is Turkey)

I specifically asked a person who was at that meeting in Kas if the passport police will have to manually check the date stamps in everyone's passport and then get a calculator and work out the number of  days outside within the past 365 and was told that the software that is used to scan your passport each time you leave and enter the country will be used to work out this calculation, otherwise you would cause several hours wait at passport control. Whether this system has "flashing lights" or not and whether it's in place already I don't know, but what I do know is that I'm not making inaccurate wild guesses which adds stress and further worry to a lot of people who will be affected by these rule changes.

There is a meeting next week with all of foreign consulates and the DGMM where all of the concerns about this rule change will be discussed. Let's wait until that's happened before throwing any more speculation onto this already overheated fire.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on February 09, 2015, 08:59:54 AM

   I agree with you Rimms let's see what the outcome of the meeting  is.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: DonM on February 11, 2015, 12:10:27 PM
The results of the meeting from Yel Ali

http://www.yellali.com/news/article/114/important-updates
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: DonM on February 19, 2015, 12:55:04 PM
There were a couple of posts (which I can't find) ref the medical insurance for the over 65's. The point raised was the over 65's were no longer exempt the medical cover required for a RP. Does anybody have any more info on the subject after the meeting that was held on the 9th February.

I'm very concerned as we will not be able to renew our RP's and will be limited to 90 days instead of our usual 6 months.

DonM
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Highlander on February 19, 2015, 13:34:03 PM
I'm glad someone "got it" Colwyn  :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Laura B on February 19, 2015, 14:55:01 PM
As of yesterday in Fethiye pasaport polis.......over 65s do not need health insurance.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: DonM on February 19, 2015, 15:13:15 PM
Thanks for that   :) lets hope it stays that way.  :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Jack13 on February 20, 2015, 07:53:38 AM
would be interested to hear if anyone has over 65 has renewed without health insurance. ours is due in august.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: LeeGlo on February 20, 2015, 09:30:15 AM
I think this arose because some guy posted on at least 2 forums and 3 FB expat sites that friends of friends etc. had been told they did need it. More stupid rumours to scare everyone. Look at the official sites, i.e. UK in Turkey and also Doc Martins page on FB they have posted the latest info from the Turkish Ministry. No you DON'T need health insurance for RP if you're over 65. ....... as things stand at the moment!!
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: braveheart on February 20, 2015, 19:43:06 PM
Sorry folks but this is all so confusing
Apologies if this has been asked (and/or clarified before) but can someone advise me the following:
I presently hold a RP (blue book)
Over the last 365 days I have not resided 120 days in Turkey
I am coming into DLM next month
Will I still be able to use my RP or will this now be void and do I need to purchase an E-Visa prior to departure?
Do they still allow purchase of Visas on entry at DLM?
Or am I missing anything??
Appreciate any help
Regards
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on February 21, 2015, 07:59:51 AM
Strictly speaking your blue book is now void. Whether they will pick it up on your next entry? I don't know. Yes you can still buy a visa at Dalaman or before you leave. Personally, I would buy a 90 day visa and whether you choose to show it or not is up to you. My worry would be that when you come to renew your residency, they will count back and you will be in trouble.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: LeeGlo on February 21, 2015, 16:44:07 PM
Rimms is right. they are not always picking up on the "120 days out" issue at the airport and are waving people through who then are not aware that they are (possibly) in Turkey illegally. Get a visa then you are covered.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: braveheart on February 22, 2015, 11:16:28 AM
Rimms and LeeGlo
Thanks for your returns and feedbacks
Now - this is complicated eh?
Assuming I now submit an E-Visa rather than my RP - this will mean I have to leave within the 90 days - correct??
If I use my RP on entry and they sanction this with their rubber stamp - will this not ratify the RP until at least my departure??
At what stage do you reckon the RP will be officially confirmed as void (probably not a question you can answer but thought that I would venture to ask your thinking on the subject)??
Thanks and regards to you both
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: Rimms on February 22, 2015, 15:56:50 PM
It is complicated, I've been told that not all passport police have the software system for calculating your time out of the country in the past 365 days, I'm told however that when you come to apply for residency renewal, they will at that time look back at time spent away and at this point will discover that you are possibly staying in the country without a valid visa?

Now, your defense may be that the passport police didn't pick up the problem and so you were unaware of the problem, but it's not often that the authorities here allow ignorance as a defense.

Like you say, it's a dilemma !
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: braveheart on February 24, 2015, 13:50:04 PM
Thanks Rimms
I will use my RP and see what develops - maybe I will be made to purchase Visa at DLM
Once back in I will ask around the community for advice and latest updates
Again - many thanks for your time greatly appreciated
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: hubblebubbles on March 03, 2015, 18:50:02 PM
Although I have been here longer my unbroken residency is seven years . I have applied for a new visa and after he entered my details on the computer in the passport office he informed me he would only give me a one year visa as next year I will get a  free permanent residency permit. Probably costing about 50 lira for admin fees . The one years visa cost 257 lira but it is  a new form to ones I have filled in before and you also have to go to your Mutah to collect a signed form. I have retained  my visa and my UK passport as they no longer have to be sent off and also given me papers to prove  my new visa is in transit as I will be out of the country for a visit when my old visa expires.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: hubblebubbles on March 03, 2015, 19:49:54 PM
Forgot to say because I am of retirement age I did not have to produce a copy of my bank statement but a translated copy of proof of pension . They asked if I had health insurance and although it is not necessary for the visa  they advised I get some for my own sake. I hope this info helps some people who are still listening to all the hype that seems to be going around at the moment . 20 lira for forms to be filled in at Captains place   20 lira form from mutah (sure I have spelt that wrong but you know who I mean ) 10 lira cost of photo. and 257 for visa so total 307 lira .Worth that for a years residency in my opinion .
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: DonM on March 03, 2015, 19:59:00 PM
Helen, glad to hear you get it sorted at last.  :)
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: tuzlachap on July 23, 2015, 22:33:20 PM
I applied to renew my RP last week, filled in online form ok, went to Verge and paid in the two fees, got receipt, included all other stuff in an envelope and couriered by Kargo to Mugla.


Now awaiting their reply, with some trepidation I might add.

TC  ??? ???
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: davybill on July 24, 2015, 06:28:23 AM
Yes ours were sent a month ago, still waiting.
Title: Re: Summary of the New Law - on Resident Permits w/e April 2014
Post by: LeeGlo on July 24, 2015, 12:29:30 PM
Still got ours to do yet, not looking forward to it. Last year it took exactly 30 days for them to come back hope it's the same this year ...... well fingers crossed.