What is Foreigners’ Law? What are the Application Areas in Turkey?
Foreigners Law is the branch of law that regulates the legal status of non-citizens of the Republic of Turkey in Turkey. In this context, there are many issues ranging from residence and work permits, deportation procedures, refugee rights and citizenship applications. Especially in recent years, Turkey has become an important stop on the international migration route, which has caused the legal processes in this field to gain more importance.
The law on foreigners in Turkey is regulated by the Law No. 6458 on Foreigners and International Protection, the Law No. 5901 on Turkish Citizenship and related regulations. In practice, the Ministry of Interior Directorate of Migration Management carries out these procedures. Every foreigner arriving in Turkey is obliged to determine their legal status in accordance with the purpose of their arrival. Therefore, it is of great importance to work with a specialized lawyer to ensure that the legal processes are carried out correctly.
Types of Residence Permits and Application Processes in Turkey
The main permit that foreigners need to obtain in order to stay in Turkey legally is a residence permit. The residence permit is divided into different types according to the duration and purpose of stay in Turkey: short-term, family, student and long-term residence permits are the main ones.
Short-Term Residence Permit is the most commonly preferred type. It can be obtained by foreigners who own real estate in Turkey, are engaged in commercial activities or want to stay for a long time for touristic purposes. Applications are made online through the Directorates of Migration Management and are usually conducted through an appointment system. The complete and accurate submission of the required documents is critical for the positive outcome of the application.
Family Residence Permit is issued to foreigners married to a Turkish citizen or to the spouse and children of a foreigner who has a residence permit in Turkey. Student Residence Permit is for foreigners studying at universities in Turkey. Long Term Residence Permit is issued to foreigners who have been legally residing in Turkey for at least eight years without interruption.
Obtaining a Work Permit in Turkey: Requirements and Process
Foreigners must obtain a work permit in order to work legally in Turkey. A work permit imposes various obligations on both the employer and the foreigner. These permits are evaluated and finalized by the Ministry of Labor and Social Security.
There are two ways to apply: Direct application from Turkey and consular application from abroad. Direct applications are made by employers of foreigners who already have a valid residence permit. Consular applications, on the other hand, are made by foreigners abroad after an agreement with an employer in Turkey.
Unauthorized work can result in serious administrative fines for both the employer and the foreign worker. In addition, if illegal work is detected, deportation can also be applied. Therefore, it is a great advantage to make applications with professional support.
Transition to Turkish Citizenship
Foreigners can acquire Turkish citizenship when they fulfill certain conditions. This process can be analyzed under three main headings: direct application, citizenship through marriage and exceptional citizenship.
A foreigner who wishes to acquire citizenship through direct application must have resided in Turkey for at least five years without interruption, be able to speak Turkish, and not pose a threat to public order and security.
For citizenship by marriage, it is necessary to be married to a Turkish citizen for at least three years and the marriage must be found to be genuine. Marriages that are only a formality may result in the rejection of the application.
Exceptional citizenship is applied to individuals who have made economic, cultural or scientific contributions to Turkey or to foreigners who wish to acquire citizenship through investment. In this context, there are economic criteria such as the purchase of real estate worth USD 400,000 or a capital investment of USD 500,000.
Deportation and Entry Ban Decisions: Legal Rights and Appeal Procedures
The deportation of foreigners can be applied in cases that threaten public order, health and security. Illegal work, visa violations, exceeding the duration of a residence permit, involvement in criminal offenses may constitute grounds for deportation.
The foreigner who has received a deportation decision can appeal to the administrative court within 7 days of the notification of the decision. During this process, the foreigner is usually kept in Removal Centers. However, the deportation process is usually suspended until the evaluation of the application is completed.
An entry ban means that the deported foreigner cannot enter Turkey for a certain period of time. This period usually varies between 1 year and 5 years. However, if the deportation decision is annulled upon appeal, the entry ban may be lifted.
Refugee and International Protection Status
Turkey is one of the countries applying geographical limitation. Therefore, only applicants from Europe can receive refugee status. Those from other countries are considered under conditional refugee, subsidiary protection or temporary protection status.
Syrian citizens are largely treated under temporary protection. These status holders are registered in specific regions and can benefit from health, education and housing services provided by the state.
The refugee application process is a highly sensitive and detailed legal process. While administrative and judicial appeals are open in case of rejection, it is often vital to seek professional legal assistance for a positive outcome.
The Importance of Lawyer Support in Foreigners’ Law
As Immigration Law is a field full of frequently changing legislation, complex application processes and administrative procedures, it is crucial to have the support of an expert immigration lawyer. Incorrect document submission, missed deadlines or procedural errors can lead to serious consequences ranging from rejection of applications to deportation.
Lawyers both determine the right strategy before the application and carry out the appeal process effectively in case of an unfavorable situation. In order to avoid loss of rights in matters such as citizenship, work permit, residence permit or refugee status, it is beneficial to work with an experienced law firm.