Private international law · Legal information

Does a Family Residence Permit End of Itself on Divorce?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

Divorce is not counted as having ended the family residence of itself; if there is a fall, on which line it is written is read from the residence papers. The divorce judgment is the court's judgment on the marriage. The residence line is in the administration's permit file. The judgment does not of itself build this line. How a divorce action is brought is not in this text.

The judgment and the residence line

The divorce judgment is the text of the court judgment. Family residence is a separate permit the administration gave to the foreigner. The judgment speaks of the result of the marriage. The residence line says whether the fall was written in that permit's file. The date of the judgment is not pasted in the place of the residence writing. Even if the judgment appears to have become final, the line in the residence file is looked for separately. If there is no line, the judgment is not counted as having ended the residence. If there is a line, the ground is read from that line.

The summary of the judgment does not complete the reasoning. If the summary and the full text contradict, the side that is read is the full writing in the residence file. If the short decision and the reasoned decision are separate papers, both are left in their own place. The reasoned text is not put in the place of the residence writing. If the residence writing mentions a sentence of the judgment, the sentence that is mentioned stays in the form it appears in the residence text. A sentence that is not mentioned is not made the ground of the residence. Custody, maintenance or division of property may also have been written in the judgment. If these headings are not on the residence line, they do not build the residence result. The residence question stays in the writing in the permit file.

A judgment that came from a foreign country's court and a judgment given in Turkey are also not the same sentence. Which one entered the residence file is seen from the reference in the permit writing. If there is no reference, this page does not choose one of the judgments and announce a fall. If a writing of recognition or of enforcement of a foreign judgment is a separate paper, that paper is not counted as the cancellation of the residence itself. If the residence administration's writing stands separately, the ruling is in it.

Looking for the fall in the papers

The sentence that the permit ended on divorce does not produce a result before its counterpart is looked for in the file. In some files the fall appears with a cancellation writing. In others the family-tie line on the permit document stands and there is no separate writing. This page does not dress one of the two appearances onto every file. Which one is in hand comes out of the papers. If an action was brought but there is not yet a judgment, the bringing is not a cancellation writing. If the cancellation writing refers to the petition, the reference is as far as it was written.

The heading of the fall writing may be cancellation, refusal, or another administrative act. The heading is read from the paper's own top line. An oral sentence that the permit ended does not build a fall while there is no writing. A screen summary also does not take the place of the full text. Before the full text is seen, it is not said for which reason the family residence fell. If there is more than one fact in the reasoning, each fact is left on its own line. If the end of the marriage and a deficiency in the document stand in the same paragraph, both stand. One is not deleted and the other made the single reason.

The service record shows to whom the fall writing reached. The record does not change the reasoning. While there is no record, it is not assumed the writing reached. A notification that went to the representative is seen from the representative line. The writing that went to one spouse and the writing that went to the other spouse may not be the same record. Each record is tied to its own envelope.

The spouse's line and the child's line

The family tie may have been tied to the spouse, to the child, or to another person written in the file. To whom the tie belongs is read on the permit document. Divorce does not of itself join a line tied to the child with a line that belongs to the spouse. Each line is left to its own person. A fall in one person is not written from memory onto the other person's document. If the mother's or the father's name appears on the child's card, the name stays in the form it is written on the card. The custody sentence in the divorce judgment is looked for separately in the child's residence writing. If the residence writing mentions the custody, the sentence that is mentioned is read. If it is not mentioned, the custody ruling is not counted as having ended the child's permit.

If only one of the spouses is a foreigner, that person's permit document is read. The citizen spouse's civil registry record is not the foreign spouse's cancellation writing. If the citizen spouse's record is mentioned in the residence file as a basis, the line that is mentioned is the basis. If it is not mentioned, a fall sentence is not built from the civil registry record. If another tie such as adoption or guardianship is written in the file, that tie is also read from its own line. Divorce is not counted as having ended a tie that is not written in the file.

If there is more than one card in the same household, each card belongs to its own addressee. If one card was cancelled and the other stands, the standing card does not fall of itself from the cancellation writing. The explanation line of the standing card also does not take the place of the cancellation writing. The two cards are left side by side.

The civil registry extract and the permit document

The family tie is the relation shown in the residence file and reflected on the permit document. The marriage record, the civil registry extract or the judgment may be the document of the tie. Which one was taken as the basis for the residence line is seen from the writing in the permit file. The civil registry extract is not of itself a cancellation writing. If the extract shows the marital status as divorced, this appearance does not give birth to the result that the permit ended while there is no residence writing. If the appearance is mentioned in the residence writing, the sentence that is mentioned is read.

If the tie appears to have ended, the question of on which paper the ending is written is asked first. Is it the judgment, the administration's writing, or the explanation line of the permit card? The three are not the same sentence. The explanation on the card is not used, while there is no cancellation writing, to invent a new fall. If the writing does not carry a date, this text does not put a date. If the explanation line is blank, the blank is not filled with a fall. The blank also does not produce an ending from the date of the judgment.

If there is a separate writing on the correction of the marriage record, that writing is read from its own text. The correction does not of itself stick as the ground of the cancellation of the residence. If the residence writing refers to the correction, the reference sentence is taken as the basis. If there is no reference, the two transactions stay separate. A difference of name in the record is also not closed on this page. The difference is seen by the two documents being read side by side.

How a divorce action is brought is not here

This text does not tell the divorce petition, the competent court, or the order of the hearing. The separation of uncontested and contested is also not built here. An interim measure, custody or the property regime is not the subject of this page. The subject is on which line the family residence in hand is read. If, while the action continues, the permit document still shows the family tie, the line that is shown is read. The effect of the result of the action on the permit exists only if it stands in the writing in the residence file. If there is no writing, the effect is also not announced from here.

If there is a covering letter that the judgment was conveyed to the administration, that letter is not the judgment itself. If the covering letter says which judgment was placed in which permit file, the sentence that is said is read. If it does not say so, the covering letter does not build a ruling of a fall. If the residence unit wrote on a separate line that it received the judgment, the line is a receipt record. The receipt is not a cancellation sentence. If the cancellation stands separately, the ruling is in the cancellation text. If a separate receipt went to each of the spouses, each receipt belongs to its own addressee. One's receipt is not counted as having ended the other's permit. If there is no receipt in the child's file, the child's card is not brought down from the spouse's receipt.

If a separate paper on a protective measure stands in the file, that paper is read from its own heading. The measure is not the fall line of the family residence. If the residence writing refers to the measure, the reference is as far as it was written. If there is no reference, the measure text is not counted as having ended the permit. This page also does not tell how the measure is requested.

Neighbouring transactions do not write the family line

A writing of non-extension does not take the place of this line. That decision is under non-extension of a residence permit, and the procedure is not copied here. If the family card's period has expired, the ending is looked for on the card and in the permit document. If there is also a cancellation writing, the question turns to that writing. If a request for extension was refused, the refusal is not put in the place of the divorce judgment.

A deportation decision is separate from the family residence line. The objection petition is not written here. The fall of the family tie does not of itself build the clause of removal from the country. If there is such a clause, it is read from its own service. A refusal of a citizenship application and a refusal of a work permit do not build the family tie. Each writing is in its own result. The framework stands under private international law. The general statute of the permits is named the Law No. 6458 on Foreigners and International Protection.

Conclusion

The divorce judgment does not of itself build the fall line of the family residence. The line is read from the residence papers. The card that belongs to the spouse and the card that belongs to the child are left separate. There is no path for bringing an action in this text. Writings of non-extension, deportation, citizenship and a work permit do not take the place of the family line.

Legislation

Frequently asked questions

Does a divorce judgment of itself bring down the family residence permit?

This text does not assume a fall of itself. If there is a fall, on which line it is written is read from the residence papers. The divorce judgment is the court's judgment on the marriage. The residence line is in the administration's permit file. If the judgment stands and the residence line does not, the judgment is not counted as having ended the permit.

Is the divorce judgment the writing that cancels the residence permit?

The judgment is a court judgment. The cancellation writing is the administration's separate text. The two are placed side by side. The date of the judgment is not pasted in the place of the cancellation writing. If the cancellation writing refers to the judgment, the reference is as far as the sentence that was written.

Does a family residence tied to the child end on the same line as the divorce?

The line that belongs to the spouse and the line that belongs to the child are read separately. Which tie is written is in the permit document. Divorce does not of itself join the child's line with the spouse's line. A fall in one person is not written from memory onto the other person's document.

How is a divorce action brought?

This article does not give a path for bringing an action. The competent place, the petition and the order of the hearing are not here. The separation of uncontested and contested is also not built. The subject is on which line the family residence in hand is read.

Does a refusal of citizenship write the family residence line?

A refusal of citizenship belongs to its own application. The fall in the family residence is read from the residence papers. If the citizenship writing refers to the residence line, the reference is as far as it was written. If there is no reference, the two transactions stay separate.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

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