Can A Foreigner Leave Turkey with a Residence Permit?

With the enactment of Law No. 6458, it has become mandatory for foreigners who wish to stay in Turkey beyond the period granted by a visa or visa exemption, or in any case longer than ninety days, to obtain a residence permit from the competent administrative authorities. A residence permit, in its simplest definition, is an administrative status document that grants a foreigner the right to legally stay within the borders of Turkey for a specific period or indefinitely. However, in a globalizing world, the mobility needs of capital, knowledge, education, and human resources make it inevitable for foreigners legally residing in Turkey to travel abroad from time to time for various commercial, academic, personal, or health reasons.

The main focus of this article is whether a foreigner who holds a residence permit or has applied to obtain one in Turkey can travel abroad, how long they can legally stay if they do leave, and what legal distinctions these restrictions show according to the different types of residence permits regulated in the Law. Throughout the article, the relevant law and regulation texts will be presented fully and completely, followed by an in-depth analysis of the reflections of these texts in administrative practices, the radical changes introduced by the International Labor Force Law No. 6735, and judicial review mechanisms.

What Are Border Crossings and the Obligation to Obtain a Residence Permit?

The entry and exit of foreigners to and from Turkey must be made through border gates with a valid passport or documents substituting a passport. The obligation to obtain a residence permit is stipulated in Article 19 of the LFIP (Law on Foreigners and International Protection) as follows:

Residence permit ARTICLE 19 – (1) Foreigners who will stay in Turkey beyond the duration of a visa or a visa exemption or for longer than ninety days are obliged to obtain a residence permit. The residence permit shall lose its validity if it is not used within six months.

As is clearly understood from the text of the law, the failure to use a residence permit issued by the administration for six months causes the document to automatically become invalid. This provision is the first fundamental restriction that inspects the foreigner’s actual intention to live in Turkey.

In addition, Article 20 of the LFIP regulates foreigners exempt from a residence permit. According to the relevant article, those who arrive with a visa of up to ninety days or with a visa exemption during their visa or visa exemption period; stateless person identity document holders, and diplomatic and consular officers serving in Turkey are exempt from the obligation to obtain a residence permit. Foreigners who will continue to stay in Turkey after the circumstances providing exemption from the residence permit have ended are legally obliged to apply to the governorships (Provincial Directorates of Migration Management) to obtain a residence permit within ten days at the latest.

Travel Abroad During the Residence Permit Application Process: What is the 15-Day Rule?

A foreigner’s right to legal stay in Turkey does not begin merely with the delivery of the residence permit card; legal validity begins with a duly made application. Foreigners’ residence permit applications (initial application, extension, or transition application) are received through the e-Ikamet system of the Directorate General of Migration Management, and these procedures can be carried out in person, through a legal representative, or a lawyer with a power of attorney. The issue of what the administrative and legal status of a foreigner whose file has not yet been concluded will be when they need to travel abroad due to an urgent requirement has been resolved by the Regulation on the Implementation of the Law on Foreigners and International Protection.

In accordance with the eighth and ninth paragraphs of Article 21 of the Regulation, an “Application Document for Residence Permit” (İkamet İzni Müracaat Belgesi), which is not subject to any fee, is issued to foreigners who have completed the application process and submitted the necessary documents to the competent authorities. This document grants the foreigner the right to legally stay in Turkey during the evaluation process, which must be concluded within 90 days at the latest from the application date.

What Happens When the 15-Day Exit Limit is Exceeded?

There is an absolute restriction for foreigners who wish to travel abroad while their residence permit application process is ongoing. The Residence Permit Application Document approved by the Provincial Directorates of Migration Management and the fee receipts (residence permit fee and card fee) must be presented to the officers at the border gates. In light of the rules applied by the administration, the legal framework of the exit-entry right provided by the application document is as follows:

• The foreigner, along with the application document and fee receipts, has a multiple exit-entry right provided that they return to Turkey within a maximum of 15 days each time.

• For the exit to be made, the document must be approved by the Provincial Directorate of Migration Management with a wet signature and seal, and the fees must be paid.

• If the foreigner stays abroad for more than 15 days after leaving the country, the immunity provided by the application document disappears. Upon the foreigner’s re-entry into the country, “general visa provisions” (visa exemption if any or the 90 days in 180 days rule) are applied to them. If the foreigner has no remaining visa right or exemption, their entry into the country may be prevented, and the residence permit application made may also be cancelled by the administration.

How Long Can You Stay Abroad with a Short-Term Residence Permit?

The short-term residence permit is the most common type of residence granted to foreigners who are in Turkey for reasons such as tourism, establishing commercial connections, conducting scientific research, receiving medical treatment, or owning immovable property, generally issued for periods of up to two years each time (up to five years in some exceptional cases). The conditions, refusal, and cancellation of this permit type are regulated in Articles 31, 32, and 33 of the LFIP.

Why Was the 120-Day Limit Removed for Short-Term Residence Permits?

In the first original text of the LFIP No. 6458 that entered into force in 2013, there was an extremely strict restriction on the overseas travels of short-term residence permit holders. According to paragraph 1(c) of Article 33 of the Law in the former regulation; in case of “staying abroad for a total of more than one hundred and twenty days within the last year”, the administration would cancel the short-term residence permit or not extend it upon its expiration without needing any discretionary power.

This legal limit constituted a massive legal obstacle, especially for global businesspeople, investors, and wealthy foreigners who bought a house in Turkey but had to spend a large part of the year in their home country or on business trips. The capital brought by foreigners to Turkey was put at risk with the cancellation of their residence permits due to the “120-day rule”. This rule, conflicting with macroeconomic policies, the promotion of foreign direct investment, and the goals of reducing bureaucratic obstacles, was subjected to re-evaluation by the upper authorities of the state.

What is the Current Situation and Cancellation Conditions According to LFIP Article 33?

Following the amendment made by Law No. 6735, Article 33 of the LFIP titled “Refusal, cancellation or non-extension of short-term residence permit” is as follows in its current form:

ARTICLE 33 – (1) Short-term residence permit shall not be granted, shall be cancelled if granted, and those expired shall not be extended in the following cases: a) One or more of the conditions sought in Article 32 are not fulfilled or have disappeared. b) It is determined that the residence permit is used outside the purpose for which it was issued. c) (Repealed: 28/7/2016-6735/27 art.) ç) There is a valid deportation or entry ban decision against them. (2) (Added: 28/7/2016-6735/27 art.) The procedures and principles regarding the cancellation of the residence permit in terms of the duration of stay abroad are regulated by a regulation.

As clearly understood from the law text above, subparagraph (c) containing the “120 days” restriction has been completely repealed (abolished) from the legislation. Although the second paragraph added to the article leaves the cancellation procedures in terms of the duration of stay abroad to the regulation; when examining the text of the current Regulation on the Implementation of the Law on Foreigners and International Protection, it is seen that the administration has not established a new mathematical day limit (such as 150 days or 200 days) for short-term residence permits.

In this context, as of the current situation, there is no time restriction regarding how long a foreigner holding a short-term residence permit can stay abroad. The foreigner can leave the country and stay outside as much as they wish during their approved permit period.

However, there is a sensitive administrative risk to be considered here. The provision “It is determined that the residence permit is used outside the purpose for which it was issued” in LFIP Article 33/1-b offers a wide discretionary power to the administration. For example, if a foreigner who receives a one-year touristic short-term residence permit spends 11 months of this one year continuously abroad, the administration can reject the extension request on the grounds that it is used contrary to its purpose by concluding that the foreigner does not actually have a tourism or residence purpose in Turkey during the next extension application. Therefore, although the time limit has officially been lifted, excessive absences in the nature of abuse of rights may form the basis of rejection decisions that can be taken to administrative jurisdiction.

How Long Can One Stay Abroad with a Family Residence Permit?

The family residence permit is a permit type granted to the foreign spouses of Turkish citizens, those falling under Article 28 of Law No. 5901 (Blue Card Holders), or foreigners having a legal residence permit, work permit, or refugee/subsidiary protection status in Turkey (sponsor), and to the minor or dependent foreign children of themselves or their spouses. This permit can be issued for up to three years each time and can in no way exceed the legal stay period of the sponsor in Turkey.

Abolition of the 180-Day Rule and the Administration’s Control Mechanism

Just like in the short-term residence permit, the initial 2013 LFIP text also applied a strict quota to overseas travels for family residence permits. “Staying abroad for a total of more than one hundred and eighty days in the last year except for compulsory public service, duty, education, or health reasons” by family residence permit holders required the permit to be directly cancelled by the administration. This rule faced criticism that it restricted the mobility of the families of professionals working in the global business world and practically damaged the principle of family unity.

Article 27 of the International Labor Force Law No. 6735 also eliminated this restriction. Article 36 of the LFIP, which regulates the refusal, cancellation, or non-extension of the family residence permit request, is currently applied as follows:

ARTICLE 36 – (1) Family residence permit shall not be granted, shall be cancelled if granted, and those expired shall not be extended in the following cases: a) The conditions sought in the first and third paragraphs of Article 35 are not met or have disappeared. b) Short-term residence permit is not granted after the conditions for obtaining a family residence permit have disappeared. c) There is a valid deportation or entry ban decision against them. ç) It is determined that the family residence permit is used outside the purpose for which it was issued. d) (Repealed: 28/7/2016-6735/27 art.) (2) (Added: 28/7/2016-6735/27 art.) The procedures and principles regarding the cancellation of the residence permit in terms of the duration of stay abroad are regulated by a regulation.

Legal Review and Deductions: The 180-day restriction in subparagraph (d) of Article 36 was repealed and removed from the legal system. In current secondary legislation, there is no mathematical abroad stay time limit set for family residence permits either. An individual with a family residence permit can freely stay outside Turkey as long as their legal permit remains valid, and their permit cannot be cancelled solely based on this reason.

However, the administration’s control mechanism over the concepts of “marriage of convenience” and “family unity” is much more active here. Per the provisions regulated in LFIP Article 34 and LFIP Regulation Article 30, the administration is obliged to inspect whether the marriage was entered into solely for the purpose of obtaining a residence permit. If the sponsor lives in Turkey while the foreign spouse spends almost all of the year abroad and there is no sign of a common life between the spouses (sharing the same residence, common economic life, etc.), the administration can evaluate this situation as a strong suspicion that the marriage is of convenience or that the permit is “used outside its issue purpose” (Article 36/1-ç). In this scenario, the cancellation of the residence permit will stem from the de facto disappearance of family unity, not from exceeding 180 days.

What is the Situation for Student, Humanitarian, and Human Trafficking Victim Residence Permits?

In other types of residence permits issued for different legal and sociological reasons, periods of stay abroad contain implicit limits suitable to their nature.

Student Residence Permit

The student residence permit is granted to foreigners who will receive education at an associate, undergraduate, graduate, or doctorate level at a higher education institution in Turkey, covering their study periods. An explicit “day restriction” for the abroad travels of students is not mentioned in the LFIP text. However, within the framework of the definitive provisions in Article 40 of the Law, the cancellation processes are integrated with academic life:

ARTICLE 40 – (1) Student residence permit shall not be granted, shall be cancelled if granted, and its duration shall not be extended in the following cases: a) The conditions sought in Article 39 are not met or have disappeared. b) Evidence emerges that the study cannot be continued. c) It is determined that the student residence permit is used outside the purpose for which it was issued. ç) There is a valid deportation decision or entry ban to Turkey against them.

The practical reflection of this provision is as follows: It is inevitable for a foreign student who stays abroad for a long time to naturally be absent from classes, not take exams, and ultimately be dismissed from the university. Thanks to the integrated data system between the Council of Higher Education (YÖK) and the Migration Management, the moment it is detected that the student’s active student status has ended (per Article 40/1-b), the student residence permit is immediately cancelled. Therefore, although there is no official day limit, the de facto limit is the university’s academic calendar and absenteeism rules.

Humanitarian and Human Trafficking Victim Residence Permits

The humanitarian residence permit is a highly exceptional permit granted by the Governorships for periods of maximum one year each time upon Ministry approval, without seeking the general conditions required in other residence permits, for the best interests of the child, situations where a deportation decision cannot be taken, or extraordinary emergency reasons.

Pursuant to LFIP Article 47, “Humanitarian residence permit is cancelled and not extended by governorships when the conditions making the granting of the permit mandatory disappear, subject to the Ministry’s approval”. For example; if a foreigner who was granted a humanitarian residence permit because they could not be deported due to escaping war or severe human rights violations in their country travels voluntarily to their country of origin or to a third country for a long time, it constitutes an absolute presumption that the “humanitarian danger that made it mandatory” has disappeared. When the administration detects this de facto situation, it will immediately cancel the permit.

Similarly, the permits of persons holding a Human Trafficking Victim Residence Permit are immediately cancelled in cases where it is “determined that they have reconnected with the perpetrators of the crime on their own initiative” per LFIP Article 45/2. The overseas travels of foreigners in this status are under much stricter administrative supervision within the framework of victimization and security protocols.

What are the Restrictions on Staying Abroad for Long-Term Residence Permits?

Contrary to the freedoms provided in short and medium-term residence permits, Turkish law has adopted an uncompromising security and presence policy regarding the “Long-Term Residence Permit” granted to persons integrated into the state with unshakeable ties.

The long-term residence permit is an indefinite residence right granted to foreigners who have stayed in Turkey continuously for at least eight years with a legal residence permit (calculating half of the student residence periods and all of the others), have not received social assistance in the last three years, have a regular income to support themselves and their families, and hold valid health insurance. Refugees, conditional refugees, subsidiary protection status holders, humanitarian residence permit holders, and temporary protection holders are not granted this right. This permit offers its holder social and economic rights almost equivalent to a Turkish citizen, except for military service, electing and being elected, entering public duties, and exempt vehicle import.

What is the Ban on Staying Abroad for More Than One Year and Its Exceptions?

The sharpest vulnerability of this privileged status offering indefinite stay right is the relentless restriction placed on overseas travel times. Article 45 of Law No. 6458 is undeniably clear, leaving no room for debate:

Cancellation of long-term residence permit ARTICLE 45 – (1) Long-term residence permits shall be cancelled in the following cases; a) The foreigner poses a serious threat to public order or public security, b) Staying outside Turkey continuously for more than one year for a reason other than health, education, and compulsory public service in their country.

Note: If a foreigner holding a long-term residence permit stays outside Turkey for continuously more than one year (12 months) without any legitimate excuse, their indefinite status is immediately cancelled by the governorships.

The legislator brought three basic exceptions against this harsh rule per the principle of equity:

1. Health Reasons: The foreigner undergoing a serious treatment process abroad and documenting this officially with health board reports.

2. Education Reasons: The foreigner undertaking an academic activity such as higher education in an official and formal educational institution abroad.

3. Compulsory Public Service/Duty: The foreigner having a state duty (e.g., compulsory military service) they must fulfill per the constitution/laws of their citizen country.

Provided any of these three exceptions can be proven with official evidence, no matter how much the duration of stay abroad exceeds one year, the long-term residence permit is not cancelled.

Let’s say the foreigner had no excuse and caused the long-term residence permit to be cancelled by staying abroad for more than 1 year. The legal system does not impose a permanent penalty on these people. Per LFIP Regulation Article 43 (Re-applications of foreigners whose long-term residence permit has been cancelled); foreigners whose permits were cancelled solely for violating the restriction on staying abroad can apply with priority to obtain this permit again upon returning to Turkey. In this new application, the “having resided continuously for eight years” rule, the most challenging condition of the process, is not sought from the foreigner for a second time; by checking the up-to-dateness of the other conditions (income, insurance, etc.), the permit can be re-allocated within a month at the latest.

What is Interruption of Residence and How Does It Affect the 8-Year Period?

We previously noted that the stay limits (120/180 days) for short-term and family residence permits were abolished. So, what happens if these people stay away from the country for years as they wish? Even if their permits are not cancelled, they suffer a much larger and strategic loss of rights: The “eight-year” period (or the five-year period required for citizenship) leading to the long-term residence permit or Turkish Citizenship will be interrupted.

Article 28 of the Regulation on the Implementation of the Law on Foreigners and International Protection, titled “Interruption of residence,” tied this situation to a mathematical rule:

Interruption of residence ARTICLE 28 – (1) In the implementation of the provisions of this Law; stays outside Turkey exceeding a total of six months in a year or exceeding a total of one year within the last five years, excluding compulsory public service, education, and health reasons, are considered as an interruption in residence. In residence permit applications or transitions to another residence permit of those who have an interruption in their residence period, previous permit periods are not taken into account. (2) The application date to the Ministry is taken as a basis in the calculation. The periods the foreigner stayed abroad and the periods they stayed in Turkey without obtaining a residence permit are considered as interruptions.

This article is the brightest example of the administration’s goal-oriented migration management. The short-term residence permit held by a foreigner is valid and does not get cancelled. However, if this foreigner;

• Has taken a holiday, gone on a business trip, or stayed in their country outside Turkey for more than 6 months in total within any single calendar year, or

• More than 1 year in total within the retrospective 5-year period;

All the legal residence periods they accumulated up to that day (for example, the 6 years they lived in Turkey) are instantly reset to zero and “previous permit periods are not taken into account”. The person has to restart this 8-year continuous period from scratch, from day zero, to be able to apply for a long-term residence permit.

How Long Can Foreigners with a Work Permit Stay Abroad?

The employment of foreigners in Turkey is not only a part of migration law but also of working life and macroeconomic policies. For this reason, a valid Work Permit document or Work Permit Exemption document obtained duly within the framework of the International Labor Force Law (ILFL) No. 6735 substitutes for a residence permit without the need for an additional document, per LFIP Article 27 and ILFL Article 12.

That is, a foreigner who is in Turkey with a valid work permit does not need to separately obtain a residence permit card (short-term, etc.) from the Provincial Directorate of Migration Management; the foreigner directly uses the work permit card as a residence document at border gates and in official transactions.

However, the overseas travels of work permit holders are tied to much stricter and more specific rules compared to mere residence permit holders. Following the provisions of ILFL Implementation Regulation Article 60 and ILFL No. 6735 Article 15/2, work permits are ex officio cancelled by the Ministry of Labor and Social Security in case of the following overseas exit violations:

Note: Fee costs are also high for work permits. In case of cancellation, these fees are not refunded.

The logic behind putting such strict limits on work permits lies in labor market dynamics. If a foreigner who obtained a fixed-term work permit dependent on an employer is not at their job (is abroad) for more than 6 months, it is clear that the employment contract has de facto ended; therefore, the foreigner is not in Turkey for the purpose of “working”. Indefinite and independent (setting up their own business) foreigners, on the other hand, are subjected to a 1-year tolerance period, just like in the long-term residence permit.

How Do Administrative Sanctions and Deportation Processes Work in Case of Residence Violation?

Violating residence permit periods or overseas stay restrictions is not a simple administrative fault; it brings about serious administrative sanctions that fundamentally shake the foreigner’s status in Turkey.

What is the Invitation to Leave Period in Visa or Residence Violations?

An official notification is made by the Migration Management to the foreigner whose residence permit was cancelled by the administration or whose extension request was rejected, and the decision informs them that they are granted a 10-day (can also go up to 15 days depending on the legal status) “Invitation to Leave” period to leave Turkey.

If the foreigner does not leave Turkey voluntarily within this 10-day period, they fall into illegal (undocumented) status. After this stage, the administration takes a “Deportation Decision” about the relevant person in accordance with Articles 53 and 54 of the LFIP and forcibly deports them, taking the person under administrative detention in Removal Centers (GGM) if necessary. All travel and health expenses of the deported person can be collected from them (or from their employer if in the context of a work permit).

How Long Does the Ban on Entry to Turkey (Restriction) Last in Case of Violation?

Administrative fines are accrued upon leaving the country against foreigners who stay abroad violating their legal stay right (visa or residence permit) or who spend time illegally in Turkey. Depending on whether the fine is paid or not and the duration of the violation, a “Ban on Entry to Turkey” is applied to foreigners for various periods per LFIP Article 9. According to current Directorate General of Migration Management directives, the entry ban tariff corresponding to violation periods is as follows:

Note: If the foreigner comes to the border gate voluntarily and leaves by paying the fine arising from the violation, the administration generally may not impose an entry ban or may lighten the penalty depending on the duration of the violation.

How to File an Annulment Lawsuit Against Residence Permit Cancellation and Request a Stay of Execution?

It cannot be said that the decisions to cancel or not extend a residence permit are always in accordance with the law and equity. The administration can establish cancellation decisions with incomplete examinations, especially based on the abstract concept of “using outside the purpose of issue” (LFIP Art. 33/1-b, 36/1-ç, etc.). Pursuant to the principle of a state of law, effective judicial review mechanisms are envisaged against these actions of the administration.

• Administrative Objection and Lawsuit Filing Period: The foreigner has the right to file an Annulment Lawsuit at the Administrative Court where the Governorship/Provincial Directorate of Migration Management that issued the decision is located within 60 days from the notification of the administration’s rejection or cancellation decision to them. Making an objection to the administration that took the decision before filing a lawsuit is optional. If the objection made to the administration is not responded to within 30 days, implicit rejection occurs, and the lawsuit period continues from where it left off.

• Stay of Execution (YD): Within the framework of the general rules of administrative law, filing an annulment lawsuit does not spontaneously (automatically) stop the execution of the administrative action (Lawsuits filed against Deportation decisions in LFIP Article 53 are exceptional). This is an extremely critical point. Because while the foreigner’s lawsuit is under examination at the Administrative Court which will take months, they are left alone with the danger of being deported since they lost their legal status. To eliminate this danger, an urgent “Stay of Execution” must be requested from the court in the lawsuit petition.

• YD Conditions and Results: The Administrative Court, pursuant to the Administrative Jurisdiction Procedures Law No. 2577; grants a YD decision if it detects that the conditions of “hard-to-compensate or impossible damages arising if the administrative action is applied” and “the action being clearly unlawful” are met together. In case the court grants a YD decision, the foreigner legally continues to stay in Turkey as if the residence permit is valid until the trial process ends and is saved from the deportation danger.

Conclusion: Things to Consider Regarding Residence Permits and Traveling Abroad

With the amendments made to the International Labor Force Law No. 6735 and the Law on Foreigners and International Protection, the provisions limiting the time Short-Term Residence Permit holders can spend abroad to “120 days” and restricting the time of Family Residence Permit holders to “180 days” have been completely repealed. Today, foreigners having these permit types can travel abroad for any duration they wish within the validity period of their permits and practically do not face cancellation of their permits for this reason. In the same way, foreigners whose applications are still in the evaluation stage have been granted a legal flexibility with the “Application Document” on the condition of returning within 15 days.

On the other hand, the rules are extremely strict in the Long-Term Residence Permit status, which grants foreigners an indefinite stay and socio-economic rights equivalent to Turkish citizens. A foreigner with this permit cannot stay outside Turkey continuously for more than one year (12 months) unless they can document it with a legal excuse such as health, education, or compulsory public duty; if they do, their permit is directly cancelled. Furthermore, if foreigners freely traveling with a short or family residence permit spend more than 6 months of the year or more than 1 year in total of the last 5 years abroad, it irreversibly resets the “8-year continuous period” chain that is mandatory for their access to a long-term permit and citizenship (Interruption of Residence). Those residing with a work permit are bound by much harsher exit periods of 6 months and 1 year due to the principle of business continuity.