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Old 29th February 2016, 15:19   #1 (permalink)
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Exclamation Law 6458 Residence Permits translation error

Many of us know that Article 33 paragraph (c) of LAW 6458 states:
"Under the following cases a short-term residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when:"

"[the foreigner] lived outside of Turkey for longer than one hundred and twenty days in total during the preceding year".

In all the official PDF translations provided by the Turkish government this is the case,

But . . . .

If we look below at Article 36 paragraph (d) which relates to family permits it also states:
[the foreigner] lived outside of Turkey for longer than one hundred
and twenty days in total during the year preceding the application.

OK so the same rules appear to apply for both individual and family permits.

Not so . . . .

The original Turkish version states:
d) Son bir yıl içinde toplamda yüz seksen günden fazla süreyle yurt dı-
şında kalınması
In English that's one hundred and eighty days not 120 as the English translation states!

The Turkish German Russian and Bulgarian versions all state 180 but the English and Italian versions must have a copy and paste error.

All language versions of the law can be found here, but observe that Turkish must be the selected language, otherwise the link doesn't work:
?çi?leri Bakanl??? Göç ?daresi Genel Müdürlü?ü
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Last edited by Akbuk Rob; 29th February 2016 at 15:21..
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Old 1st March 2016, 17:33   #2 (permalink)
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Re: Law 6458 Residence Permits translation error

Fascinating.

I checked the German edition and it states 120 days for individual application (]Falls im letzten Jahr ein Aufenthalt im Ausland für eine Dauer von isgesamt mehr als hundert zwanzig Tagen stattgefunden hat

The Family application states 180 days.Page 19 para d.

I then checked the Italian one which is 120 days for both individual and family permit.

What a shambles. The error is probably on the German side but have any Germans taken advantage? We were told quite forcefully at the interview last year that it was 120 days.
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Old 1st March 2016, 17:36   #3 (permalink)
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Re: Law 6458 Residence Permits translation error

.
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Old 1st March 2016, 20:21   #4 (permalink)
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Re: Law 6458 Residence Permits translation error

Quote:
Originally Posted by Kanga View Post
We were told quite forcefully at the interview last year that it was 120 days.
Now that muddies the water even more because it clearly states on page II of the English version
Quote:
Usage Note: ‘‘This is the unofficial translation of ‘’Law of Foreigners and International
Protection.’’ This translation does not have legal bindingness. It is not used as an
official document in any official and private corporations and institutions and national
and international courts. It cannot be quoted for official documents. Our administration
cannot be responsible for any legal results that may occur with the use of the translation
text. The Turkish version of the law is binding for official and private operations, quotes
and legal processes.
This translation is only for informing and it can only be used for
informing.’’
And the Turkish version says 180 days!
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Old 2nd March 2016, 13:43   #5 (permalink)
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Re: Law 6458 Residence Permits translation error

If you look in the Turkish version, the following paragraph says 120 days. . . (c)

MADDE 33 –
(1) Aşağıdaki hâllerde kısa dönem ikamet izni verilmez, verilmişse iptal edilir,
süresi bitenler uzatılmaz:
a) 32 nci maddede aranan şartlardan birinin veya birkaçının yerine getirilmemesi
veya ortadan kalkması
b) İkamet izninin, veriliş amacı dışında kullanıldığının belirlenmesi
c) Son bir yıl içinde toplamda yüz yirmi günden fazla süreyle yurt dışında
kalınması.

Confused? I am.

It seems that the rule is 120 days for an individual RP but 180 days for a family RP.
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Old 2nd March 2016, 15:39   #6 (permalink)
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Re: Law 6458 Residence Permits translation error

Quote:
It seems that the rule is 120 days for an individual RP but 180 days for a family RP.
Exactly.

But someone has messed up at least 2 translations of this important document and the errors have never been rectified since May 2014.

I wonder which version the British Consulate is quoting.
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Old 2nd March 2016, 16:02   #7 (permalink)
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Re: Law 6458 Residence Permits translation error

More to the point, shouldn't someone show this to the B C and ask them to forward a request for clarification to the relevant Turkish department?
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Old 2nd March 2016, 17:37   #8 (permalink)
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Re: Law 6458 Residence Permits translation error

I suppose you are right.
Looks like you've talked yourself into a job.
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Old 3rd March 2016, 13:52   #9 (permalink)
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Re: Law 6458 Residence Permits translation error

Nice try, but sorry, not really practical from the far reaches of Cardigan Bay in Wales. Doesn't anyone here have contact with the necessary powers?
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