A Student Residence Permit is a type of residence permit that allows a foreigner to stay in Turkey during their period of education. Foreigners who wish to reside in Turkey as students can obtain a student residence permit if they meet the conditions specified in the law. The conditions and principles regarding the student residence permit are determined by the Law on Foreigners and International Protection and its regulations. According to the law, primary and secondary education students, associate degree, bachelor's, master's, and doctoral students who want to study in Turkey can obtain a student residence permit by submitting information and documents proving their intent to stay for this purpose. Foreigners residing in Turkey with a student residence permit also have the right to work, provided they obtain a work permit. Additionally, it is possible for them to apply to the relevant governorate within 15 days after the expiration of their student residence permit to obtain a residence permit suitable for their new purpose of stay.
Individuals with a family residence permit can receive education in primary and secondary education institutions without obtaining a student residence permit until they turn eighteen. Therefore, student residence permits can be issued to foreigners who will receive education at the primary and secondary education level but do not have a family residence permit. Student residence permits can also be issued for foreign students who will study in associate degree, bachelor's, master's, or doctoral programs at a higher education institution in Turkey. Those pursuing specialization in medicine (TUS) and dentistry (DUS) and those directed to Turkish language courses by their university can obtain a student residence permit. Additionally, student residence permits can be issued for those coming under Erasmus and other international exchange programs as students.
The conditions for a student residence permit are regulated in Article 39 of the Law on Foreigners and International Protection. Accordingly:
A foreigner holding any type of residence permit can apply for a different or the same type of residence permit after the reason for the initial residence permit ceases. For example, a foreigner staying in the country with a family residence permit can later switch to a student residence permit. Likewise, a foreigner with a student residence permit can obtain a family residence permit if they meet the conditions. This person will benefit from the rights provided by the student residence permit as long as they continue to meet its conditions. If a foreigner holds both a family residence permit and a student residence permit, their family residence permit will continue while they also benefit from the rights provided by the student residence permit. Similarly, a foreigner with a work permit can also obtain a student residence permit if they meet the conditions. The work permit will continue, and the person will benefit from the rights provided by the student residence permit. Lastly, foreigners with a humanitarian residence permit or a victim of human trafficking residence permit can benefit from the rights provided by the student residence permit without transitioning if they meet the conditions.
According to Article 38 of the Law on Foreigners and International Protection, the duration of the student residence permit varies according to the length of study of the foreign national. For primary and secondary school students, the residence permit is valid for a maximum of one year, covering the period from the start of education to the beginning of the next academic year. For foreigners studying in an associate degree, bachelor's, master's, or doctoral program at a higher education institution in Turkey, the residence permit covers the entire period of study. If the student does not graduate within the normal period of education, the residence permit can be extended for a maximum of one year at a time and not exceed the maximum duration of education. The residence permit of a graduate student is terminated as of the graduation date. The student must apply to the Provincial Directorate of Migration Management within ten days for a new residence permit suitable for their new purpose of stay.
Various documents need to be prepared when applying for a student residence permit. It should be noted that different documents may be required for each student depending on their specific situation. However, in general, the required documents for all student types can be listed as follows:
Associate degree, bachelor's, master's, and doctoral students enrolled in full-time education in Turkey have the right to work if they obtain a work permit. Students with a work permit are not required to obtain a student residence permit for the period covered by the work permit. However, when the work permit expires or is not extended, they must obtain a student residence permit. It should be noted that the right to work for associate degree and bachelor's students begins after the first year. Work permit applications are made to the Ministry of Labor and Social Security.
Article 35 of the Regulation on the Implementation of the Law on Foreigners and International Protection stipulates that students wishing to study in Turkey are required to obtain a student residence permit. However, the provision retains the status for international protection applicants or status holders. According to the retained provision, international protection applicants or status holders can study without a student residence permit by showing documents proving their status.
A student residence permit will not be granted if the conditions for the permit are not met or cease to exist. For example, if a foreigner is no longer a master's student at a Turkish university or their student status is terminated, the residence permit can be canceled. If it becomes evident that the student cannot continue their education in Turkey, the residence permit can be canceled or not extended. Furthermore, if it is determined that the foreign student is using the residence permit for purposes other than those for which it was granted or if there is a valid deportation or entry ban against the foreign national, the residence permit may not be granted.
As detailed above, applications for family residence permits by foreign individuals who meet the conditions stipulated in the legislation are examined and decided upon by the administration. In some cases, the administration may reject these applications for various reasons. The reasons for the rejection may include not meeting the conditions set out in the legislation, submitting incomplete or incorrect documents, or the administration's discretionary decision. Foreigners whose student residence permit applications are rejected can file a lawsuit for the annulment of the decision if they believe the rejection is unlawful. These lawsuits must be filed in the administrative court where the decision-making administration is located. The period for filing a lawsuit is 60 days from the date the rejection decision is notified to the applicant. Decisions to reject or accept a student residence permit application are essentially administrative actions. Therefore, it is imperative that these administrative actions possess all the necessary elements to be lawful. As explained in our article on "Annulment of Administrative Actions," administrative actions that are found to have defective elements such as purpose, subject, reason, authority, or form can be annulled by the court.