How can foreign children without a residence permit enroll in schools in Turkey? Learn about the legal process, required documents, and practical examples in this article.
Turkey guarantees the right to compulsory education for children between the ages of 6 and 17. This right also extends to foreign children. However, the school enrollment process for foreign children without a residence permit often causes uncertainty for many families. In this article, we will examine the school enrollment rights of foreign children under the age of 18 in Turkey from both a legal and practical perspective, discussing the applicable laws, common challenges in practice, and possible solutions.
1.1. Ministry of Education Regulations and Enrollment of Foreign Students
According to the Ministry of Education’s 2014 “Directive on Educational Services for Foreigners,” children who do not have a residence permit or foreign identity number may be registered by issuing a “foreign identification certificate.”
Additionally, the provisions of the Secondary Education Institutions Regulation and the Preschool and Primary Education Institutions Regulation state that a residence permit is required for enrollment; however, exceptions are applied for children under temporary protection or stateless children.
1.2. Right to Education for Foreign Children
Article 42 of the Constitution of the Republic of Turkey states: “No one shall be deprived of the right to education.” This provision covers not only Turkish citizens but also all children residing in Turkey. The Law on Foreigners and International Protection (Law No. 6458) also includes provisions aligned with this principle.
1.3. Education Visa, Student Residence Permit, and Exceptions
Normally, foreign students are required to obtain an education visa before coming to Turkey and then apply for a student residence permit. However, under the Temporary Protection Regulation and the UN Convention on the Rights of the Child, these requirements do not apply to refugee and asylum-seeking children. Their right to education is directly protected within the scope of international protection.
2.1. Difficulties in Applications Without Residence Permit
In practice, some school administrators, unaware of the exceptional provisions in the legislation, may refuse to enroll foreign children without a residence permit. This situation particularly affects children under temporary protection and limits their access to education.
2.2. Equivalency, Placement Tests, and Transfers
For students coming from abroad, the Equivalency Regulation of the Ministry of Education applies. The equivalency commissions at provincial or district directorates of education determine which grade the student’s previous education corresponds to in Turkey. If necessary, placement tests are administered.
2.3. Practical Obstacles
Required Documents
The answer is yes. However, in such cases, a lawsuit filed by a qualified lawyer and a court decision is often necessary for the enrollment of children under 18 in primary or secondary schools.
Education Measure Lawsuit: Safeguarding the Child’s Right to Education
Article 5 of the Child Protection Law No. 5395 regulates the protective measures that may be taken by a court for the benefit of a child. One of these is the “education measure.”
Every child has the right to education, regardless of nationality or residence status. Foreign children without a residence permit in Turkey also benefit from this right. However, in order to overcome practical obstacles, both administrative applications and, if necessary, education measure lawsuits should be utilized.
The best interests of the child come before everything else; no child can be deprived of the right to education.
1. Can foreign children without a residence permit enroll in schools in Turkey?
Yes. The right to education in Turkey is granted to all children, regardless of residence status. However, some schools may request additional documents. In such cases, an application should be made to the District Directorate of National Education.
2. What documents are required for school enrollment if my child has no residence permit?
Generally, a passport or equivalent document, biometric photographs, address declaration, and previous school records (if available) are sufficient. Applying for a student residence permit will also facilitate the process. If none of these are available, a lawsuit filed with the help of a qualified lawyer may be necessary for school enrollment.
3. My child is a foreign national and has never studied in Turkey. Which grade will they start in?
The Equivalency Commission of the Ministry of Education will evaluate the child’s age and educational background to determine the appropriate grade. Placement tests may be required.
4. What can I do if the school administration refuses to enroll my child?
First, a written rejection letter should be requested. Then, an application can be made to the Provincial/District Directorate of National Education. If the problem persists, a lawsuit can be filed through a qualified lawyer to secure the child’s right to education.
5. What is an education measure lawsuit?
An education measure is a court decision under the Child Protection Law, ensuring the child’s enrollment and safeguarding their right to education. It is one of the most effective remedies in cases of enrollment refusal.
6. Can foreign students enroll in public schools for free?
Yes. Foreign students of compulsory school age have the same rights as Turkish citizens and can enroll in public schools free of charge. Private schools, however, require tuition fees.
7. Is the lack of Turkish language skills an obstacle to enrollment?
No. Foreign students who do not speak Turkish can attend adaptation classes and receive language support. Language deficiency is not a valid reason for refusing enrollment.
8. How can foreign children born in Turkey enroll in school?
Children born in Turkey who have not acquired citizenship still have the right to education. They can be enrolled with a birth certificate, passport, or temporary identity document.
9. Is the process different for refugee or temporarily protected children?
Yes, but it is easier. For children under temporary protection, a residence permit is not required; a temporary protection identity card is sufficient. However, if the child’s family has no legal stay or identification, the process may proceed through a lawsuit.
10. Is there a different procedure for private school enrollment?
Yes. In addition to Ministry of Education regulations, private schools may require passports, residence documents, and proof of financial means.
11. My child is of high school age but has never attended school. Can they start?
Yes. Regardless of age, if the child is within compulsory education age, they have the right to enroll. Equivalency and placement procedures will be applied to place them in the appropriate grade.
12. Can translator support be provided during enrollment?
Yes. Translator support can be provided by district directorates of education or non-governmental organizations, especially to help parents understand documents and follow the process.
13. Is health insurance mandatory for school enrollment?
At the primary and secondary level, health insurance is generally not required for enrollment. However, health insurance is mandatory when applying for a student residence permit.
14. What international remedies are available if the right to education is denied?
Turkey is a party to the United Nations Convention on the Rights of the Child and the European Convention on Human Rights, both of which protect the right to education. After exhausting national remedies, international applications may also be possible.
