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Obtaining A Residence Permit For Commercial Connection
Or Starting A Business
Starting a business or establishing commercial connections in Turkey can be a rewarding experience, offering access to a large and growing market. However, it is important to obtain the appropriate residence permit before doing so.
There are two main types of residence permits for business purposes in Turkey:
Short-term residence permit for commercial connection or starting a business:This permit is valid for 3 months and is intended for foreigners who intend to establish business connections or start a business in Turkey.
Long-term residence permit for business purposes: This permit is valid for 2 years and is intended for foreigners who have established a business or have commercial connections in Turkey.
1. Short-Term Residence Permit
A short-term residence permit is the permission granted to foreigners visiting Turkey to stay longer than the period of visa exemption or 90 days. It is regulated under Article 31 and following of the Law No. 6458 on Foreigners and International Protection ("Law"). In addition, Articles 28 and 29 of the Regulation on the Implementation of the Law on Foreigners and International Protection ("Regulation") also regulate short-term residence permits.
Pursuant to Article 31 of the Law, foreigners who can be issued short-term residence permits are categorized into 14 different groups:
1) Foreigners visiting for the purpose of scientific research,
2) Foreigners with immovable property in Turkey,
3) Foreigners who will start a business or establish a commercial connection,
4) Foreigners who will participate in the in-service training program,
5) Foreigners visiting Turkey for education or similar purposes within the framework of agreements to which the Republic of Turkey is a party or student exchange programs,
6) Foreigners staying for tourism,
7) Foreigners who will receive treatment provided that they do not have one of the diseases considered as a threat to public health,
8) Foreigners who are required to stay in Turkey depending on the requests or decisions of judicial or administrative authorities,
9) Foreigners who will be transferred to a short-term residence permit if they no longer qualify for a family residence permit,
10) Foreigners who will attend Turkish language learning courses,
11) Foreigners who will participate in education, research, internships and courses in Turkey through public institutions,
12) Foreigners who have completed their higher education in Turkey and apply within six months from the date of graduation,
13) Those who do not work in Turkey but will make investments in the scope and amount to be specified by the Cabinet of Ministers and their foreign spouses and their and their spouses' minor or dependent foreign children,
14) Foreigners who are citizens of Turkish Republic of Northern Cyprus.
2. Obtaining a Residence Permit through Commercial Connection
2.1. Application Procedure
Residence permit applications for commercial connections or for starting a business are made through the website of the Presidency of Migration Management. The foreigner can make the application in person or through his/her legal representative or agent. However, the administration may request the foreigner to be present during the application when the authority deems necessary.
2.2. Required Documents
Residence permit applications for commercial connection or starting a business are made for 1 year. There is no limit to the number of extensions, and extension applications are opened 60 days before the end of the 1-year period. Prior to that 60 days, renewal applications cannot be made. Applications for extension can be made until the end of the residence period.
The documents that must be included in the file during the application are the notarized Trade Registry Gazette of the company to be connected, notarized certificate of activity, notarized tax registration certificate, notarized signature circular, stamped and signed company letter explaining what kind of connection will be established, balance sheet and withholding and premium service declaration obtained from the Social Security Institution. In addition to what is mentioned above, documents listed below are also required :
• A completed application form
• A valid passport
• Four passport-size photos
• A letter of invitation from a person or company in Turkey
• Proof of financial means to support yourself during your stay in Turkey
• Proof of medical insurance
It is of particular importance to prove that the commercial connection will be permanent in the context of a stamped and signed company letter explaining what kind of connection will be established. In this company letter, the applicant must state his/her past experience in the field of activity, his/her capital and his/her financial capacity to establish a commercial connection. Accordingly, if the applicant is the owner of the immovable property, the applicant should include a copy of the land registration and the numbering document that is used for address determination, and if the applicant is a lessee, the applicant should include a notarized lease agreement and a copy of the invoice issued in the applicant's own name in the application file.
2.3. Finalization of the Application
Pursuant to Article 22, paragraph 2 of the Law, residence permit applications must be finalized within 90 days at the latest from the date the application is processed, and the finalization period for the residence permit through commercial connection is between 2-3 months. Although, the period might take shorter or even longer according to the workload of the immigration office even though it is regulated differently.
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Ibrahim ASLAN
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Gülşah Özge Dağaslanı
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