Unlocking Family Residence Permits: Insights from Law No. 6458

Unlocking Family Residence Permits: Insights from Law No. 6458

In Turkey, the legal framework for family residence permits is meticulously outlined in Articles 34 to 37 of Law No. 6458 on Foreigners and International Protection.

These provisions serve as the compass for individuals seeking to unite their families under one roof in this vibrant country. Let’s delve into the key insights provided by these articles.

Scope of Family Residence Permits

Under Article 34, the eligibility criteria for family residence permits are delineated. This provision extends the opportunity to Turkish citizens, certain foreigners, refugees, and holders of subsidiary protection status to sponsor family members for residence permits.

The permits are typically granted for spouses, unemancipated children, and dependent children, each with a duration not exceeding three years, aligning with the sponsor’s residence permit.

Prerequisites for Family Residence Permits

Article 35 lays down the groundwork by outlining the conditions that sponsors must fulfill for family residence permit applications.

These conditions include demonstrating a sufficient monthly income per family member, ensuring suitable housing conditions compliant with health and safety standards, obtaining comprehensive health insurance coverage for all family members, presenting a clean criminal record for the past five years, maintaining a minimum one-year residency in Turkey with a valid residence permit, and being registered in the address registration system.

Grounds for Refusal, Cancellation, or Non-Extension

Article 36 serves as a safeguard mechanism by delineating circumstances under which family residence permits may be refused, canceled, or not extended.

These circumstances encompass failure to meet the conditions specified in Article 35, not securing a short-term residence permit after the conditions for a family residence permit cease to exist, facing a valid deportation decision or entry ban, or misusing the permit for purposes contrary to its intended scope.

Scrutiny on Contracted Marriages

Article 37 addresses the intricacies surrounding contracted marriages and their implications on family residence permits. It empowers authorities to investigate marriages suspected of being solely for the purpose of obtaining a residence permit.

If such suspicions are confirmed, the family residence permit will be denied or canceled. Additionally, ongoing scrutiny may be conducted even after the permit is granted to ensure the legitimacy of the marital union.

Required Documents for Family Residence Permit

For both the applicant and the sponsor, several documents are necessary for a successful application.

These include residence permit application forms, passport copies, biometric photographs, proof of payment for fees, marriage certificates, financial documents, health insurance proof, criminal record certificates, registration to the address system, and documents confirming the place of residence.

Navigating the process of obtaining a family residence permit in Turkey involves understanding the legal framework, meeting specific criteria, and providing comprehensive documentation.

By adhering to the regulations and submitting all required materials accurately, families can ensure a smooth application process.

If you’re considering applying for a family residence permit, Bayraktar Attorneys are here to assist you every step of the way. Contact us today for expert guidance and support.

Take the first step towards uniting your family in Turkey. Contact Bayraktar Attorneys for personalized assistance with your family residence permit application.