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|New Turkish residency laws starting 2014 - an update|
|Monday, 15 April 2013|
On 9th April, KTLN brought you news of a new law that was about to be introduced, the Foreigners & International Protection Act - Law No. 6458.
At that time it had been passed by parliament, but required the President's signature. We can confirm that on 10th April, President Abdullah Gül gave his consent.
In this follow up report, we shine a bit more light on the implications of this new law, for foreigners living in Turkey.
Scope of our analysis
However, for the purposes of this KTLN article, we are only concerned with the law in so far as it generally relates to British citizens.
When does this new law come into effect?
If you wish to apply for residency or renew your existing residency before the above date, the current rules still apply.
Implementing the new law
We have had no reply from the British Embassy in Turkey to our request for clarification, but to be fair to them, it is very much early days.
So, subject to the above caveats, KTLN brings you our preliminary understanding of the new law. We shall update our advice over the coming months in the light of new information received.
We feel it is important to publish something now, as we have already seen some fairly bizarre speculation in online forums, some of which we can hopefully dispel.
Our source: Resmi Gazete No. 28615
Here is the link if you wish to read it, (in Turkish): http://www.resmigazete.gov.tr/eskiler/2013/04/20130411-2.htm
Which do I need - a visa or residency?
For most tourists the visa will suffice. If that is enough for you, there is no need to look into what these new residency rules mean.
Types of residence permits
In this report, we look at Short Term and Long Term residency only.
Staying for more than 90 days
Please note that when applying for residency, your passport must have at least 60 days more than the period of residency you are applying for.
Short Term Residence
With short term residency, if you stay out of Turkey for more than 120 days, your residency permission will be cancelled.
Long Term Residence
These criteria specify that you must:
Calculating the 8 years
However, if you have stayed outside Turkey for a period of more than six months within one year, or for more than one year within last five years, these will be counted as interruptions in calculating the residence permit period. See Appendix 1 at the end of this report, for examples.
Also, in calculating the uninterrupted period of 8 years, if you have gaps in your residency permits, previous residence permit periods will not taken into consideration.
Use it or lose it
This does not mean that once your residency has started - i.e. you are resident in Turkey, your residency will become invalid if you subsequently stay out of Turkey for a period of 6 months. The 6 month deadline only applies from the date you apply until the date you actually begin using your residency.
However, with long term residency, if you stay out of Turkey for more than one year, your residency permission may be cancelled.
Rights and obligations with Long Term Residence
(1) Save for acquired rights with regard to social security and subject to provisions in related law as regards the use of these rights, foreigners who have been granted a long term residence permit shall benefit from the same rights as accorded to Turkish citizens with the exception of provisions in special legislation as well as the rights regarding:
a) Compulsory military service,
(2) The Council of Ministers shall be authorized to place restrictions on the rights set forth in paragraph 1, partially or in its entirety.
Where do you apply?
However, Article 24 does say that if you already have residency, and you are applying to extend your permit, then you you should apply through your local Vali's (Regional Governor's) office. The Vali for Kalkan is based in Antalya.
Our interpretation of this, is that you apply through the local foreigners department at your Police station, which comes under the ultimate control of the Vali. This is something we intend to check.
What does the application process look like?
What are the costs?
What about applying for residency before 10th April 2014?
If your existing residency is due to expire before 10th April 2014, and you wish to remain in Turkey, you must renew your residency permit according to the existing law.
What happens to my existing residence permit?
Appendix 1 - calculation of qualifying residency period - examples
Mr A has had Turkish residency for 8 years. During that period, he goes abroad for a total of 8 weeks per year. (That's a total of 40 weeks, or roughly 10 months over the last 5 years). He is entitled to count all 8 years as his qualifying residency period. He may apply for permanent residency.
Mrs B has had Turkish residency for 8 years. During the last 5 years, she spent 4 months every year abroad. This amounts to 20 months in total. These months will be deducted from her qualifying residency period, so she currently has 8 years (96 months), less 20 months = 76 months. She can't apply yet for permanent residency.
Miss C had Turkish residency for a period of 5 years, followed by a 1 year gap with no residency, followed by a further period of 4 years residency. During the last 4 years, she has been abroad for 5 weeks every year. Her qualifying residency period is just 4 years. The previous 5 year residency period does not count. She can't apply yet for permanent residency.
Kalkan Turkish Local News - your window on Kalkan Turkey.
|Last Updated on Saturday, 22 February 2014|