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Family Residence Permit: Conditions for Foreign Spouses and Children, Extension, Situation After Divorce and Case in Case of Rejection Law No. 6458 on Foreigners and International Protection Art. 34-37, Art. 31/1-ğ was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Family residence permit allows the spouse and children of a Turkish citizen or foreigner with a residence permit to stay with the sponsor in Türkiye. The permit is granted for a maximum of three years at a time and cannot exceed the duration of the sponsor's residence permit. In the application, it must be shown that the sponsor's income, housing and health insurance conditions and that the foreign spouse did not marry for the purpose of obtaining family residence. How the right of residence will continue in case of divorce, death or domestic violence is also regulated in the law.
What is a Family Residence Permit?
Family residence permit is one of the residence permit types in Article 30 of Law No. 6458. The aim is to maintain family unity in Türkiye. The person who is granted leave uses this right of stay depending on his/her sponsor.
Who Can Be a Supporter and Who Benefits from Leave?
Those who can be supporters (Art. 34/1): Turkish citizens, those within the scope of TVK Art. 28 (Blue Card holders), foreigners with residence permits, refugees and subsidiary protection status holders. Those who can benefit from the leave are the foreign spouse, minor foreign child and dependent foreign child of the sponsor.
In case of polygamy, only one spouse is given a family residence permit (Art. 34/2).
For the child, the consent of the parent with joint custody living abroad is required (Art. 34/3).
A child with family residence benefits from the right to primary and secondary education until the age of 18 (Art. 34/4).
A child who has stayed with family residence for three years can switch to a short-term residence permit after turning 18 (Art. 34/5).
What Conditions Are Required for Family Residence Permit?
Article 35 of the Law regulates the conditions in two separate paragraphs.
Income Total income should not be less than the minimum wage; Additionally, monthly income per family member should not be less than one-third of the minimum wage.
Criminal record Not having been convicted of crimes against family order within five years from the date of application
The one-year residence requirement does not apply to scientific research and work permit holders, those within the scope of TVK Article 28, and foreigners married to Turkish citizens (Article 35/2). In other words, a foreigner married to a Turkish citizen is not subject to this one-year preliminary waiting period.
Not falling within the scope of Article 7 of the Law.
How to Investigate Suspicion of Arranged Marriage?
If there is reasonable doubt before a family residence permit is granted or extended, the governorships investigate whether the marriage was concluded solely for the purpose of obtaining a residence permit. If it is determined that it is made for such a purpose, permission will not be given, and if it is given, it will be cancelled. Inspections can also be carried out after permission is given. Permits obtained through consensual marriage and subsequently canceled are not taken into account in the calculation of residence periods in the law (Article 37).
In its decision dated 10 June 2021 and numbered E.2016/2192, K.2021/3234, the 10th Chamber of the Council of State examined an incident in which the administration rejected the request for a family residence permit based on neighbor statements and different answers in separate interviews. The department emphasized that the determination of consensual marriage should be based on concrete information and documents; It approved the administrative court's annulment decision, stating that the research was conducted without taking into account details such as the fact that the marriage union took place in another province during the summer months. The decision shows that the opinion of an "inconsistent answer" alone will not be considered sufficient.
Under what circumstances is Family Residence Permit Refused or Cancelled?
According to Article 36 of the Law, family residence permits are not granted, if they are granted, they are cancelled, and expired ones are not extended:
The conditions in the first and third paragraphs of Article 35 are not met or are eliminated,
Not granting a short-term residence permit after the conditions for obtaining family residence are no longer valid, There is a valid deportation or entry ban decision against you, It is determined that the permit is used for purposes other than the one for which it was issued.
In its decision dated October 6, 2021 and numbered E.2016/2078, K.2021/4589, the 10th Chamber of the Council of State found it lawful to cancel the family residence permit in accordance with subparagraph (c) of the first paragraph of Article 36, based on the deportation decision taken and finalized due to unauthorized work. This is why it is important that foreigners with family residence do not work without a work permit.
What Happens in Case of Divorce, Death and Violence?
A foreigner married to a Turkish citizen may be granted a short-term residence permit, provided that he/she has stayed with the family for at least three years. A three-year period is not required for those who are proven to be victims of domestic violence by a court decision (Art. 34/6). This convenience does not apply to a foreigner who divorces before the three-year period expires; Therefore, the timing of the divorce case and the residence plan should be considered together.
In case of death of the sponsor, a short-term residence permit is granted without any period requirement (Art. 34/7).
A foreigner whose family residence has ended may lose his right to legal stay if he does not apply for a short-term residence permit. In accordance with the first paragraph of Article 54 of the Law, a deportation decision may be taken for the foreigner who stays for more than 10 days after his/her leave expires and without acceptable justification. If the reason for the residence permit changes, it is possible to request permission in accordance with the new reason (Art. 29).
Family residence permit application is counted among the applications that can be made to the governorship from within Türkiye; It is also possible to apply through the consulate (Art. 21-22). At the end of the period, the application for extension starts 60 days before the expiration of the permit period and is made before the period expires (Art. 24).
A lawsuit may be filed against the rejection or cancellation decision in the administrative court within 60 days from the written notification in accordance with Article 7 of the IYUK; Application to a higher authority suspends the period (Art. 11). The competent court is the administrative court where the administrative authority carrying out the action is located (Art. 32).
Supporting residence time At least 1 year; Not required for people married to Turkish citizens
victim of violence If it is fixed by court decision, the 3-year requirement is not required.
arranged marriage Research by the governorship; The determination must be based on concrete documentation
Case Summary Form: Fictional example: A foreign woman, who married a Turkish citizen two years ago, lives in Türkiye with a family residence permit. The marriage ends after about two years; The woman has not applied for a short-term residence permit before. Process: As family residence ends, the woman's leave right also decreases. Since he cannot complete the three-year family residence period, his short-term leave opportunities are limited. In case of domestic violence, it is of particular importance that it be documented by a court decision. Conclusion: Changing the residence permit type may also affect the calculation of the uninterrupted residence period required for a long-term residence permit. Leaves taken and canceled due to consensual marriage are not included in this calculation. Therefore, a residence permit strategy must be planned before divorce comes to the agenda.
Is there a one-year residence waiting period for a foreigner married to a Turkish citizen?
No. The one-year residence requirement in the sponsor does not apply to foreigners married to Turkish citizens (Art. 35/2). How to get family residence for a child? A family residence permit based on the sponsor is issued for a minor or dependent foreign child. The consent of the parent with joint custody living abroad is required (Art. 34/3).
Is it possible to work with a family residence permit?
Family residence permit does not give the right to work alone. A work permit is required to work; Working without permission may lead to cancellation of residence permit and deportation process.
What evidence is presented against the allegation of arranged marriage?
Evidence showing that the marital union actually exists, such as joint address records, invoice and bank records, family photographs, statements of common children, neighbors and relatives, can be presented. The Council of State requires that the determination be based on concrete documentation.
How long does it take to file a lawsuit if family residence is rejected?
Since there is no separate period in the special law, the period for filing a lawsuit in the administrative court is 60 days from the written notification.
Incomplete or outdated submission of sponsor's income, housing and health insurance documentation. Failure to check the consistency of the spouses' information regarding their joint life before the interview. Failure to examine short-term residence permit conditions before deciding on divorce. Working without a work permit while having a family residence permit. Application for extension must be made after the permit expires.
Family residence permit is an area where marriage and residence law intersect. The financial situation of the sponsor, the reality of the marriage, the divorce plan and work permit issues should be evaluated together in the same file. Küheylan Law Firm carries out the preparation of family residence permit applications, the establishment of evidence files in consensual marriage examinations, and litigation in the administrative court against rejection or cancellation.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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