Foreigners Law

Foreigners law, from non-Turkish citizens' entry to Turkey to their stay in the country, from working life to investment transactions, from family relations to Turkish citizenship application. It is a broad field of law that extends beyond. Transactions such as residence permit rejection, deportation decision, entry ban to Turkey, restriction code and administrative detention are also among the important subjects of foreigners law.

The legal process that a foreigner will face in Turkey is not determined solely by his citizenship. Mode of entry to Turkey, passport and visa status, purpose of residence, family ties, work status, need for international protection and previous administrative decisions regarding should be evaluated together. For this reason, instead of a standard application method in foreigners law files, a legal remedy appropriate to the person's current situation should be determined.

What is Foreigners Law?

Foreigners law; The rights that foreign natural persons have in Turkey, the obligations they must fulfill and their legal relations with public authorities regulates. The basis of this field is immigration, residence, work, citizenship and private international law rules.

Foreigners law is not just about applying for a residence permit. Not allowing the foreigner into Turkey, imposing an entry ban on the country, taking him to a repatriation center, canceling his work permit, foreign court decision Validation of the quota or transfer of assets in Turkey to heirs are also considered within this field.

Why is the Legal Status of the Foreigner Important?

The same legal action may have different consequences for foreigners with different statuses. A foreigner who is in Turkey for touristic purposes, a person with a work permit, a foreigner married to a Turkish citizen, an international protection applicant or a temporary resident The person under protection is not subject to the same rules.

When making a legal assessment, the following information should first be examined:

• Citizenship of the foreigner and other citizenships, if any,
• Validity period of passport and travel document,
• Entry date and entry method to Turkey,
• Visa or visa exemption period,
• Current residence or work permit,
• Address and family records,
• Whether there is an entry ban, restriction code or deportation order against you,
• Work, education, investment or family ties in Turkey.

A new application made without checking these records will not correct the existing violation and may make the foreigner's situation more complicated.

What Subjects Does Foreigners Law Cover?

Legal Matter	Major Operations	Competent Institution or Jurisdiction
residence permit	Initial application, extension, transition, rejection and cancellation procedures	Immigration Administration and administrative courts
Deportation and entry ban	Lawsuit for deportation decision, restriction code and entry ban procedures	Governorship, Immigration Administration and administrative courts
Administrative supervision	Objection to removal center and administrative detention	criminal judgeship of peace
Turkish citizenship	General, marriage, investment and exceptional citizenship applications	Population and Citizenship Affairs units
Work permit	Initial application, extension, change of employer and cancellation of leave	Ministry of Labor and Social Security
Real estate and investment	Real estate purchase, title deed control and investment citizenship	Land registry offices and relevant public institutions
family and legacy	Marriage, divorce, custody, alimony and inheritance procedures	Population units and judicial courts
international protection	Application, status evaluation and objection to rejection decision	Immigration Management and administrative judiciary

Entry to Turkey and Visa Procedures

Foreigners must present a valid passport or passport substitute document to enter Turkey. Depending on the foreigner's citizenship, a visa may be required or a visa exemption may be applied for a certain period of time.

A visa does not give a foreigner the definitive right to enter Turkey. At the border gate, the foreigner's travel document, purpose of stay, financial means, entry ban and public order situation can be examined.

Expiring a visa or exceeding a visa exemption may constitute a violation of legal stay. Duration of the violation and method of exit of the foreigner from Turkey; It may result in administrative fines, entry bans and subsequent visa applications.

Residence Permit Procedures in Turkey

Foreigners who want to stay in Turkey longer than the period provided by the visa or visa exemption or ninety days must have a residence permit appropriate to their situation.

Just wanting to stay in Turkey is not enough to apply for a residence permit. The foreigner must be able to document the purpose of his stay, have a valid address, and meet the requirements of the type of permit he is applying for.

Short Term Residence Permit

Short-term residence permit; for different needs such as touristic purposes, owning real estate in Turkey, establishing commercial connections, scientific research, learning Turkish or treatment. It may come up with ccedil;e.

Documentation and evaluation criteria for each application reason are different. For example, an application based on real estate ownership and an application for touristic purposes are not examined in the same way.

Family Residence Permit

Family residence permit; It can be issued for the foreign spouse and children of a Turkish citizen, residence permit holder or other supporters listed in the law.

In the application, the reality of the marriage, whether the family union actually continues, address, income, health insurance and legal status of the sponsor can be examined. Having only the official marriage certificate may not be sufficient in every file.

Student Residence Permit

Foreigners who will study at higher education institutions in Turkey can apply for a student residence permit. The student's registration status, education program and whether the education continues are important during the permit process.

Student residence permit alone does not give unlimited work rights. In order for foreign students to work, they must also obtain a work permit in accordance with the conditions specified in the legislation.

Long Term Residence Permit

Foreigners who reside in Turkey uninterruptedly and legally for a long time can apply for a long-term residence permit if they meet other conditions.

In this type of leave, residence period, social aid status, income, health insurance, public order and periods spent outside Türkiye are evaluated together.

Humanitarian Residence Permit

The child's best interests are determined by the fact that it is not reasonable or possible for the foreigner to leave Turkey, he cannot be sent despite a deportation decision, or it is not possible. In case of extraordinary circumstances, humanitarian residence permit may be considered.

Humanitarian residence permit is not a general solution used in all cases where the conditions of other types of residence are lacking. There must be special conditions specified in the law.

Human Trafficking Victim Residence Permit

Foreigners who have a strong suspicion that they are or may be victims of human trafficking can be helped to distance themselves from the impact of what they have experienced and decide whether or not they will cooperate with the competent authorities. A special residence permit can be issued so that they can decide.

In this process, the foreigner's security, shelter, access to health services, psychological support and legal assistance needs should be addressed together.

Document Preparation for Residence Permit Application

The documents required for residence applications vary depending on the type of permit and the status of the foreigner. However, the file generally includes a passport, biometric photograph, address document, health insurance and documents showing the purpose of stay.

In order for birth, marriage, divorce or criminal record documents issued in a foreign country to be used in Turkey, they must be apostille or stamped according to the country where the document was issued. Consular certification and Turkish translation may be required.

It is important that the name, surname, date of birth and citizenship information in the documents are compatible with the passport. Spelling differences due to different alphabets can make it difficult to match documents belonging to the same person.

What Can Be Done If Residence Permit Is Refused?

In case the residence permit application is rejected, the current permit is canceled or the extension application is not accepted, the decision must be notified to the foreigner or his/her representative together with the reasons.

After the rejection decision, it should first be examined on what basis the decision is based. Missing documents, unconvincing purpose of stay, public order assessment or address problems may require different legal remedies.

Options such as administrative appeal against the decision or an annulment case in the administrative court may be considered. The method and duration to be applied should be determined without delay according to the content of the notification and the nature of the transaction.

Filing an annulment lawsuit may not automatically make the foreigner's stay in Turkey legal in all cases. The stay status of the foreigner while the case is ongoing should also be checked.

What is a Deportation Decision?

A deportation decision is an administrative procedure to remove a foreigner from Turkey. Deportation proceedings may be initiated for reasons such as visa or residence violation, working without a work permit, use of forged documents, public order or public security considerations. lyre.

The situation of each foreigner must be examined individually. The mere fact that a foreigner belongs to a certain group should not be sufficient for an automatic deportation decision to be imposed on him.

The foreigner's family ties in Turkey, the condition of his child, his health problems, the risks he will face in the country he will be sent to and the need for international protection are taken into account in the evaluation. should be taken.

Cancellation Case Against Deportation Decision

The deportation decision is notified to the foreigner, his legal representative or lawyer. The foreigner, his legal representative or his lawyer may file a lawsuit in the competent administrative court within seven days from the notification of the decision.

It is important to notify the authority that made the deportation decision that a lawsuit has been filed. Without prejudice to the consent of the foreigner, if a lawsuit is filed within or within the deadline for filing a lawsuit, the deportation process will be implemented as a rule until the trial is concluded. It doesn't happen.

Since the seven-day period is short, the notification date of the decision, notification method and documents signed by the foreigner should be checked immediately.

To whom may a deportation order not be applied?

If there is a risk of death penalty, torture, inhumane or degrading treatment in the country to which the foreigner will be sent, the prohibition of repatriation comes into question.

Special protection provisions in the law do not apply to those with serious health problems, those undergoing treatment, victims of human trafficking and victims of physical, psychological or sexual violence. should be evaluated.

The existence of these situations should be demonstrated, to the extent possible, with a medical report, country information, complaint record, family document or other concrete evidence.

Removal Center and Administrative Detention

Some foreigners, for whom a deportation decision has been made, may be placed under administrative detention and repatriated due to the risk of escape or disappearance, use of forged documents, or reasons related to public order. It can be shipped to the shipping center.

Administrative detention is not a criminal conviction. However, since it limits the freedom of the foreigner, the decision must be justified and evaluated at regular intervals.

The foreigner in the removal center must have access to a lawyer, legal representative and relatives. It is important that the foreigner be informed about the outcome of the decision and the ways to appeal in a way he can understand.

How to Object to Administrative Detention?

The foreigner under administrative detention, his legal representative or lawyer may appeal to the criminal judgeship of peace against the decision. The application does not automatically suspend administrative detention.

If the administrative detention conditions are later eliminated or changed, a new application can be made. Documents showing that the foreigner's fixed address, family ties, health status and lack of risk of escape may be important in the evaluation.

Alternative Obligations to Administrative Detention

It is not mandatory for every foreigner to be kept in a removal centre. If there are legal conditions, alternatives to administrative detention such as residence at a specific address, reporting, family-based return, return counseling or electronic monitoring are available. obligations may apply.

Alternative measures must be determined by taking into account the foreigner's personal situation and the principle of proportionality. Failure to comply with obligations may result in a new administrative detention decision.

Entry Ban to Turkey

Ban on entry to Turkey; It may be applied on grounds such as violation of legal stay, deportation decision, public order or public security assessment.

The duration and legal consequences of the entry ban are not the same in every case. The duration of the foreigner's violation, whether he left voluntarily, whether he paid the fine, and whether there is a deportation order against him may be taken into consideration.

Administrative application, annulment case or, in appropriate cases, special purpose visa options may be considered for the foreigner with an entry ban. However, applying for a visa does not automatically lift the entry ban.

What is a Restriction Code?

Restriction codes can be used to mark administrative records regarding foreigners for certain reasons. Depending on the nature of the code, the foreigner may be prevented from entering Turkey, certain examinations may be made, or his application may be taken into special evaluation.

In order to remove the restriction code, the legal basis of the code and the reason for which it was placed must first be determined. It is possible for incorrect records to occur due to reasons such as wrong person registration, name similarity, closed criminal investigation or outdated information.

While some restriction codes can be corrected through administrative application, for some it may be necessary to file an annulment lawsuit in the administrative court.

Turkish Citizenship Applications

One of the important areas evaluated within the scope of foreigners law is the acquisition of Turkish citizenship. The method of applying for citizenship is determined by the person's family relationship, residence history, investment or other special circumstances.

The main ways to acquire citizenship are:

• In general, acquisition of Turkish citizenship,
• Citizenship through marriage to a Turkish citizen,
• Exceptional citizenship by investment,
• Citizenship by adoption,
• Regaining citizenship,
• Citizenship transactions based on birth or descent.

Fulfilling the application requirements does not necessarily mean that citizenship will be acquired. Competent authorities may conduct examinations in terms of national security, public order, document accuracy and other conditions specific to the application method.

Turkish Citizenship by General Path

In general, when applying for citizenship, you must reside in Turkey for a certain period of time, will to settle in Turkey, sufficient knowledge of Turkish, income or profession, good morals and national and international qualifications. irc; Conditions such as the absence of obstacles in terms of security and public order are evaluated.

Not every time spent in Turkey may be accepted in the same way in citizenship calculations. The type of residence, the periods spent abroad and the compatibility of the purpose of stay with the intention to settle are also examined.

Turkish Citizenship through Marriage

Marrying a Turkish citizen does not directly grant citizenship to the foreign spouse. The conditions for completing the legal marriage period, continuing the marriage, living in family unity and not engaging in any activity incompatible with marriage are investigated.

In case of suspicion that the marriage was made solely for the purpose of obtaining citizenship, the spouses may be interviewed and records regarding family life may be examined.

Turkish Citizenship by Investment

In citizenship by investment, one of the investment types specified in the legislation must be made in accordance with the conditions. Real estate purchases, capital investments, bank deposits or other investment instruments are examined by different institutions.

When applying through real estate, the value of the real estate, its seller, bank payments, foreign exchange transactions, title deed records and the commitment not to sell are checked together. Having made an investment alone does not ensure the definitive acquisition of citizenship.

Work Permit for Foreigners in Turkey

The foreigner must have a valid work permit or work permit exemption before starting to work in Turkey. A residence permit, employment contract or company partnership does not give the right to work alone.

Work permit applications are generally carried out through the e-Permit system. Domestic application can be used for foreigners who have an appropriate residence permit in Turkey, and in other cases, the international application method can be used starting from the Turkish foreign representative office. knows.

Work permits can be issued temporarily, indefinitely or independently. It is not possible to work for another employer with a work permit from a specific employer. In case of a change of employer, a new permit application must be made.

Administrative fines may be imposed on the foreigner working without a work permit and the employer who employs him. Working without permission may also result in deportation consideration for the foreigner.

Labor Law Rights of Foreign Employees

Foreign employees; can benefit from basic labor law rights such as wages, overtime, week holidays, annual leave, social security, severance pay, notice pay and reinstatement.

Expiration of the work permit or cancellation by the employer does not automatically eliminate previously incurred labor receivables.

In wage and compensation disputes, it may be necessary to resort to mandatory mediation before filing a lawsuit. Material and moral compensation cases arising from work accidents and occupational diseases are subject to different rules.

Foreigners Acquiring Real Estate in Turkey

Foreign real persons may move in Turkey, provided that they comply with the country, region, area and security restrictions specified in the Land Registry Law. can buy less.

In all cases, there is no requirement to have a residence permit to purchase real estate. However, the citizenship of the foreigner, the region where the real estate is located and the nature of the real estate may be important in terms of acquisition.

The following records must be checked before purchasing:

• The title deed owner and the legal nature of the real estate,
• Mortgage, lien, annotation and easement rights,
• Zoning status and building permit,
• Floor ownership or floor easement records,
• Compatibility of the actual status of the real estate with the title deed record,
• The seller's authority and the scope of the power of attorney, if any.

In purchases made for the purpose of citizenship through investment, in addition to the standard real estate control, valuation, payment and previous transfer records should also be examined.

Foreigners Marrying in Turkey

In order for foreigners to get married in Turkey, they must submit documents showing their marriage license and marital status. The form of the documents may vary depending on the foreigner's citizenship and the country of issue.

Foreign country documents may need to be apostilled or consulate approved and Turkish translations may need to be prepared. The name and birth information on the documents must match the passport.

Divorce, Custody and Alimony Cases of Foreigners

The fact that one of the parties is a foreigner raises the questions of which country's law will be applied in the divorce case and which court has jurisdiction.

The applicable law is determined by taking into account the citizenship of the spouses, their common habitual residence and whether they live in Turkey. The best interest of the child is one of the basic criteria in custody and personal relationship decisions.

In order for divorce, custody or alimony decisions made abroad to have legal consequences in Turkey, recognition or enforcement may be required, depending on the nature of the decision.

Inheritance Rights of Foreigners in Turkey

It is possible for foreign persons to become heirs in Turkey. The citizenship of the testator, the last place of residence, the nature of the assets and the country where the immovable properties are located may be effective in determining the applicable law.

In terms of immovable properties located in Turkey, the mandatory provisions of Turkish law and the restrictions regarding the acquisition of real estate by foreigners are evaluated together.

The foreign heir must obtain a deed of inheritance in Turkey, submit foreign death and population certificates, complete the tax procedures and register the real estate in his name in the land registry. It may be necessary.

Recognition and Enforcement of Foreign Court Decisions

A decision given by a foreign court does not automatically result in judgment and enforcement in Turkey in all cases.

Recognition in order for the foreign decision to have the effect of final judgment or conclusive evidence in Turkey; In order for the decision to be enforced, enforcement may be required.

In recognition and enforcement cases, the foreign decision must be final, the right of defense is complied with, there is no obvious contradiction to Turkish public order and other legal conditions are evaluated. ir.

International Protection Applications

Aliens who allege that they would face the risk of persecution, death penalty, torture, inhuman treatment or serious harm if they returned to their country of origin are subject to international protection. can apply for MA.

International protection statuses in Turkey are regulated as refugee, conditional refugee and secondary protection. The result of the application is evaluated based on the foreigner's personal situation, country information and the statement and evidence he submits.

International protection application is not an ordinary application method that can only be used to reside in Turkey or obtain a work permit. The application must be based on a genuine need for protection.

Are Temporary Protection and International Protection the Same?

Temporary protection and individual international protection applications are different legal statuses. Temporary protection is a special protection system applied to certain groups of foreigners who come to Turkey in large numbers and cannot return to their country.

It is not a temporary protection identity document, residence permit or Turkish citizenship document. Employment, change of city, address registration and healthcare may be subject to special regulations.

The Importance of Deadlines in Foreigners Law Files

In foreigners law, many application and litigation periods begin with the notification of the decision. The fact that the foreigner signs the notification without understanding it may not mean that he has not learned the content of the decision.

Notification documents must be reviewed on the same day, especially due to the seven-day trial period for the deportation decision. Application deadlines should not be delayed for residence, citizenship, work permit and restriction code procedures.

On what date, in what language and by what method was the notification made to the foreigner; It may be important in determining whether the case is filed on time or not.

What Procedures Does a Foreigners Law Lawyer Follow?

A foreigners law lawyer examines the current legal status of the foreigner and helps determine the course of application or lawsuit. The main purpose of legal support is not only to fill out the form, but also to detect the risks of the file in advance and prevent transactions that may cause loss of rights.

The main issues for which legal support can be provided are:

• Residence permit application, extension and transition procedures,
• Legal application against residence permit rejection or cancellation,
• Annulment case against deportation decision,
• Meeting with the foreigner at the repatriation center,
• Objection to administrative detention decision,
• Entry ban to Turkey and restriction code procedures,
• Turkish citizenship applications,
• Work permit and employer change procedures,
• Real estate and investment transactions of foreigners,
• Recognition and enforcement of foreign court decisions,
• Family, inheritance and labor law disputes of foreigners,
• International protection and human trafficking victim files.

Applying through a lawyer does not guarantee that the transaction will have a positive outcome. The outcome of the application or lawsuit depends on the legal evaluation made by the relevant public institution or court.

How to Plan the Foreigners Law Process?

1. The foreigner's identity, passport and entry records to Turkey are examined.
2. Current residence, employment, protection or citizenship status is determined.
3. It is investigated whether there is a restriction code, entry ban or deportation order against him.
4. The purpose of the application and the legal remedy to be used are determined.
5. Certification and translation of documents issued in a foreign country are completed.
6. Application, objection or lawsuit deadlines are followed.
7. After the administrative decision, the legal stay status of the foreigner is checked again.

After a transaction is finalized, other linked records may also need to be updated. For example, the residence status of a foreigner whose work permit has expired, the family residence permit of a divorced foreigner, or the foreign identity record of a naturalized person should be examined separately.

Frequently Asked Questions

What cases does foreigners law cover?

Cancellation of deportation decision, rejection of residence permit, entry ban, restriction code, administrative detention, citizenship application, recognition-enforcement, family, inheritance and foreign employee disputes are considered in this field. can be evaluated.

Is it mandatory to own a house in Turkey to get a residence permit?

No. Real estate ownership can only be used as a basis for certain short-term residence applications. Family, student, humanitarian and other types of residence have different conditions.

Can a foreigner with a residence permit work?

Residence permit alone does not provide the right to work. The foreigner must have a valid work permit, work permit exemption or the right to work arising from special legislation.

How many days does it take to file a lawsuit against a deportation decision?

An annulment lawsuit may be filed with the competent administrative court within seven days from the notification of the deportation decision.

Can the foreigner meet with the lawyer at the repatriation centre?

Yes. A foreigner under administrative detention must have access to his lawyer, legal representative and relatives.

Can the entry ban to Turkey be lifted?

Depending on the reason for the ban, administrative application, cancellation case or special purpose visa options may be considered. Not every entry ban is lifted using the same method.

Can a foreign person buy a house or land in Turkey?

It is possible to acquire real estate if the citizenship of the foreigner, the region where the real estate is located and legal restrictions are met.

Is a divorce decision made in a foreign country valid in Turkey?

In order for the decision to affect population records and enforcement procedures in Turkey, recognition or enforcement may be required depending on the nature of the decision.

Does a foreigner who marries a Turkish citizen automatically become a citizen?

No. Marriage does not directly confer citizenship. Application can be made after the legal marriage period and other conditions are completed.

Can the lawyer carry out all transactions on behalf of the foreigner?

Many applications and cases can be pursued with a special power of attorney. However, the foreigner may be required to be present in person in procedures requiring fingerprints, interviews or personal statements.

Legal information: This content has been prepared for general information purposes. Residence, work, citizenship, deportation, international protection and investment procedures; the foreigner's citizenship, method of entry to Turkey, current status and current location It should be evaluated separately according to the content.