Legal Stay of Ukrainian Nationals in Turkey
A. Introduction
Turkey, with its strategic location, favorable climate, economic opportunities, and multicultural environment, has become one of the preferred destinations for foreigners to live.
According to current statistics, the number of foreigners residing in Turkey with a residence permit has exceeded one million. Notably, Ukrainian nationals form a significant portion of this population. As of September, according to a statement from the Ukrainian Embassy in Ankara, approximately 40,000 Ukrainian citizens are temporarily residing in Turkey.
The primary reason for this migration, beyond the aforementioned factors, is the ongoing war between Ukraine and Russia. This bulletin will outline the rights and legal procedures that Ukrainians need to follow to obtain a residence permit in Turkey.
B. Visa Exemption Between Ukraine and Turkey
First and foremost, it should be noted that Ukrainian nationals enjoy visa exemption within the Republic of Turkey. This exemption was established by the Agreement on Mutual Travel Procedures Between the Governments of the Republic of Turkey and Ukraine, which has been in effect since March 24, 2012.
According to this agreement, citizens of both countries can travel to each other’s territories without a visa and stay for a total of 90 days within a six-month period. Thus, both Ukrainian nationals in Turkey and Turkish nationals in Ukraine can stay in the respective countries for 90 days every six months without needing a residence permit.
However, if this period is exceeded by more than 10 days, a deportation decision may be made. Even if the person attempts to leave the country before such a decision is made, they will still face an administrative fine.
C. Application Procedure for Residence or Work Permits
Under the Agreement and the Law on Foreigners and International Protection (“YUKK”), Ukrainian nationals who wish to stay longer than 90 days, work, reunite with their families, or attend an educational institution must obtain a residence or work permit in accordance with the other party’s state legislation.
Ukrainian nationals can generally apply for a residence permit at Turkish Consulates in the country where they reside. However, in exceptional cases, these applications can also be made to the governorates in Turkey. According to YUKK, situations where it is unreasonable or impossible for the foreign national to leave Turkey and applications for long-term residence permits are considered exceptional cases.
In practice, Ukrainians who are in Turkey due to the war can apply for short-term or long-term residence permits through the governorates, provided they have a passport valid for at least 60 days beyond the requested residence permit period.
Applications are forwarded to the Directorate General of Migration Management under the Ministry of Interior and are reviewed and decided upon within 90 days. If the application is denied, the individual can appeal the decision within 30 days through the administrative courts.
D. Types of Residence Permits
There are six types of residence permits specified in the law: short-term residence permit, family residence permit, student residence permit, long-term residence permit, humanitarian residence permit, and residence permit for victims of human trafficking. This bulletin will focus on short-term and long-term residence permits.
D.1. Short-Term Residence Permit
A short-term residence permit is granted for a maximum of one year at a time. Those eligible for this permit are explicitly listed in YUKK.
Examples include those who will come for scientific research, own real estate in Turkey, establish commercial connections or businesses, or participate in in-service training programs. The required documents for application vary depending on the reason for the permit request but generally include:
- Information and documents related to the request
- Not being among the foreigners who are not allowed to enter Turkey
- Having accommodation conditions that meet general health and safety standards
- Providing a criminal record certificate issued by the competent authorities of the applicant’s country of citizenship or legal residence if requested
- Providing address information for their stay in Turkey
D.2. Long-Term Residence Permit
A long-term residence permit can be granted by governorates with the approval of the Ministry of Interior to foreigners who have legally and continuously resided in Turkey for at least eight years or meet the conditions set by the Ministry.
In addition to the eight-year residence requirement, the conditions to qualify for a long-term residence permit include:
- Not having received social assistance in the last three years
- Having sufficient and regular income to support themselves and, if applicable, their family
- Having valid health insurance
- Not posing a threat to public order or public safety
Unlike the short-term residence permit, those who are granted a long-term residence permit are required to fulfill military service if they are male.
Additionally, regardless of gender, these individuals have the right to vote and be elected, enter public service, import vehicles exempt from customs duties, and, with certain exceptions specified in special laws, enjoy the rights granted to Turkish citizens in social security matters, provided they comply with the relevant regulations.
E. Exceptional Rights for Ukrainians to Extend Their Residence Permits
Finally, it is necessary to mention the “force majeure” situation, which is particularly relevant for Ukrainian nationals under the Agreement.
In legal terms, force majeure refers to circumstances that prevent the fulfillment of an obligation or duty to the administration and are beyond the control of the individuals affected, who are unable to eliminate these circumstances.
The Ukraine-Russia war is considered a force majeure for many contracts and agreements. In this context, Ukrainian nationals who are unable to leave Turkey within 30 days of their entry or during the validity period of their temporary or permanent residence permits due to the war are generally allowed to extend their temporary or permanent residence permits under Turkish legislation, provided they can present credible evidence of their affected status.
F. General Evaluation and Conclusion
In conclusion, Ukrainian nationals can enter Turkey without a visa under international agreements providing visa exemptions and stay for 90 days.
Those who wish to reside in Turkey for a longer period can obtain short-term or long-term residence permits by meeting the conditions stipulated by law and submitting the required documents to the relevant Turkish authorities. Due to the ongoing Ukraine-Russia war, Ukrainians who apply for residence permits through the governorates in Turkey are granted certain conveniences for extending their permits.
However, it is important to remind Ukrainians in Turkey to comply with the duration of their visa-free stay and residence permits to avoid various sanctions and future prohibitions. Nonetheless, Ukrainian nationals who face unjustified rejection of their residence or work permit applications or the cancellation of their permits have the right to appeal these decisions, a significant legal right provided by the Republic of Turkey to ensure the effective operation of citizenship and immigration law.
