No extension after today for short-term tourist stays in Turkey .. what is the solution?

On December 2, 2019, the General Directorate of Immigration of the Turkish Ministry of Interior announced that - starting tomorrow, Wednesday, January 1, 2020 - extension requests by foreigners who have been granted a short-term residence permit for one year or permits will not be approved Residence longer than that, or who were granted a residence permit for tourism purposes, unless they provided another justification other than tourism.

The above-mentioned administrative decision is important because many foreigners in Turkey use a short-term tourist residence permit in order to live in Turkey for many years, or even stay permanently; although Turkey has already established a long-term residence permit for foreign tourists who plan To stay in Turkey for more than 90 days, which is the maximum period that can be granted by Turkish tourist visa.

Therefore, the possibility to extend short-term residence permits indefinitely has been misused, and most importantly, it has been used as a way to circumvent laws related to work permits, taxes and the social welfare system.

However, this decision will inevitably have dire consequences for many foreigners residing in Turkey with short-term tourist residency permits, and the fact that the very flexible immigration policies - which the Turkish government has adopted - have given a green light to those who repeatedly extend tourist residency permits, but a lot Some of them did not take this opportunity to settle their status as residents, let alone correct their status as business owners.

But those - especially those who have set up business and hired many other foreigners without work permits - will find themselves facing serious problems from the beginning of 2020.

In this article, we will try to point out some possible solutions to deal with these problems, which can be applied at least to buy some time until the person has an opportunity to provide lasting solutions:

First, the language of the decision leaves a deadline for foreigners who may have "justifiable reasons" to extend their residence permits, and there is no doubt that decision makers have set this condition for themselves in order to enable them to deal with the exceptional situations that may confront them, and that the foreigner is very seriously affected if not He is allowed to extend his residence permit, and thus can be exempt from new restrictions.

However, the precise meaning of the phrase "justified causes" is not at all clear, and the Turkish authorities have not provided any additional explanation for what exactly that means, and the reason for this ambiguity may be that the authorities themselves are not sure of the type of cases that can be considered justified, and it is likely that The implementation of this clause shall be clarified according to the nature of each case.

Our expectation is that the authorities may make things easier for foreigners whose lives could be at risk if they are deported to countries like Syria or Egypt, where there is widespread persecution against the population.

However, I confirm that this is only a prediction from us according to our experience, and the fact is that the law has not clearly stated that any nationality has yet been exempt from the upcoming restrictions. Even if our prediction is correct, the Turkish authorities expect to prove the justifications with convincing evidence or facts.

Secondly , for foreigners who are enrolled in Turkish language courses - under the supervision of the Turkish Ministry of National Education - there is an opportunity to apply for a short-term residence permit, and one can apply for such a residence permit twice as maximum, each of which does not exceed two years at The most. In this way, one can obtain a residence permit in Turkey for a period of up to four years, so this method seems the least expensive to overcome the new restrictions.

Third, once a foreigner buys a property in Turkey, a residence permit is granted, however the property is required to be a home, and other types of real estate are not accepted to apply for this type of residence permit, and we should not forget that any property with a value in excess of 250 thousand US dollars will open the way for the owner to request Turkish citizenship, in addition to the residence permit.

Fourth , a residence permit may be granted for a period of up to five years for foreign businessmen who invest in Turkey, but only the Turkish presidency determines whether or not such investment qualifies its holder to obtain a residence permit in Turkey. The only criterion - which is vague - about this investment is that it should have a significant positive impact on the Turkish economy.

Fifthly, another way to obtain a residence permit for foreigners in Turkey is to demonstrate that the person will participate in a commercial activity (i.e. setting up a company or work on a commercial project for a company based in Turkey), or that he will conduct scientific research.

However, there is great ambiguity regarding the type of business or scientific research that authorizes its owner to obtain such residency, but it appears that the authorities are considering such an issue case by case, i.e. case by case.

Sixth : For foreigners who have resided in Turkey for eight years, there is an opportunity to convert their short-term residence permits into long-term residence permits.