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Does an Overstay Affect My Eligibility for a Turkey Long Term Residence Permit?

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I have a bit of a strange question as I prepare to apply for my long-term residence permit...  I have had continuous residency (short-term residence permit) since 2009, so I qualify from the "8 years continuity" standpoint, but have been making up days for chunks of time I was out of the country in the last five years.  I believe I should be eligible now, by my calculations... but is there a way to find out whether or not I actually have a sufficient "gun sayımı" before going through the whole process, since there is a chance I might not actually qualify?

I ask this specifically because in 2019 I made a miscalculation (or, rather, incorrectly remembered!) on when my residence permit was up and accidentally overstayed by a few weeks.  The göç idaresi advised me to do a çıkış, pay the fine, and then come back and immediately apply for a renewal, which I did.  I was informed there that this "missing chunk of time" wouldn't affect my süreklilik because paying the fine counts as a sort of "backdated filling in." (I found that hard to believe, but of course I want to!)

I'm facing a situation currently where I may need to be in Canada for several months due to some health problems my mom is having, and my residence permit is up in January 2021.  So I am just trying to decide the best course of action without exactly knowing what the next few months entail - or even how Covid restrictions might impact my return.  Do you have a recommendation on which course sounds wisest?  Should I apply for a short-term renewal just as a backup (and hope to get an appointment within a reasonable amount of time - in Antalya the waits don't seem to be as long as elsewhere) and/or is it possible to file for a long-term permit at the same time?  (I've heard conflicting reports on whether you can have both in process at the same time.) 

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HiJamie ,it's a requirement that you have a minimum of 6 months validity of your Short Term RP when making your LTRP application,so that you don't have the need to make another STRP application while your LTRP is being processed & cause confusion to the GOC ,so this may be a stumbling block for you. Also you may need to be in Turkey during the application as sometimes you have a Polis visit with  no notice given .
Also are you 100% sure that after that overstay & fine payment that you were given a renewal & it wasn't classed as a 1st application. I've never heard of anyone after an overstay & paying the fine getting a renewal as all they have let you off is exiting Turkey & re entering,you'd have still had to pay the fine on exit. In all the cases i've come across an overstay has always resulted in the next RP being issued as a 1st application as regardless of you paying a fine, you did have a break in continuity.

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Even if your residence permit application is classed as a first-time application, I don't think it will interfere with your time in Turkey. When you go to your appointment, or these days after you mail in your application, they do a check, the gün sayımı, to see how much time you've had in Turkey. In my opinion, you may have a break in continuity concerning what residence permit you have, but not a break in continuity for the time you've been in Turkey.

Correct me if I'm wrong on that, Redders. Since you also keep an eye on these things, you may know something about this that I don't.

There is an exception regarding time spent outside of the country. If your absence is for health reasons, it's not counted against you. The way the law reads, it just says "health reasons," but it doesn't specify whether they're yours or someone else's. 

It seems to me the intent of the law is to excuse absences for reasons over which you have no control, and that tending to a sick member of your immediate family should also qualify. Be sure to get documentary evidence to prove why you were out of the country. They'll want to see that. Include a letter, in Turkish, explaining the situation as well.

I'd recommend that you apply for the short-term extension, because you don't have enough time left for the long-term application anyway. After you get the short-term residence permit, apply for a long-term residence permit.

You can apply for a long-term residence permit anytime. You don't have to wait (and shouldn't wait) until your current residence permit is nearing expiration.

I'd also recommend you call the help line at 157 and ask them... they're the ultimate authority on these things.

You could also just apply for the long-term residence permit and see what happens. You never know, and having that LTRP is worth giving it a try.

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Spot on Ken. My thoughts are that i have never known RP start dates to be 'backdated',so if there was an overstay and the fine paid without exiting Turkey,i was under the assumption that the start date of the next RP now being a 1st application,which that in itself would be no problem,would be from when the RP application was submitted. Maybe Jamie could confirm if the start date given was the same date as the old RP expired or the date he submitted his next application ,then we'd know if there would be a problem or not for a LTRP acceptance.

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  • Ken Grubb changed the title to Does an Overstay Affect My Eligibility for a Turkey Long Term Residence Permit?

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