Foreigners Law
Foreigners Law is a branch of law that regulates the legal status of foreign nationals residing in Türkiye, in matters such as residence, work, citizenship, acquisition of immovable property, and deportation decisions. This area has gained significant importance in recent years, especially with the increase in migration processes. For foreigners who wish to live, work, invest, or acquire citizenship in Türkiye, proper management of these procedures is critical to prevent legal mistakes that may lead to irreversible consequences.
As Uzunpınar & Tüfek International Law Firm, we meticulously manage the legal processes of individuals and institutions in Türkiye, with our many years of experience in the field of foreigners law. Residence permit applications made for tourism, student, or family reunification purposes may result in serious loss of rights if not submitted on time and completely. Our firm offers the most effective legal solutions, especially in cases involving extension of residence permits and visa violations.
For foreign individuals and employers who wish to obtain a work permit in Türkiye, we handle the application procedures before the Ministry of Labour and Social Security on your behalf. In addition, we offer professional support at every stage of acquiring Turkish citizenship through marriage or investment. Proper preparation of documents required in citizenship applications and legal follow-up of the process are of great importance to avoid potential rejections.
Another frequently encountered issue is deportation decisions (being expelled from the country), for which we provide legal objection procedures for foreigners. We meticulously manage objection to deportation, requests for suspension of execution, and litigation processes; thereby securing the right to remain in Türkiye. Furthermore, in refugee and international protection applications, we handle all applications and follow-up procedures required for your asylum requests to be evaluated in accordance with the law.
Our firm is also specialized in legal processes related to foreigners acquiring real estate in Türkiye and establishing foreign-capital companies. We provide consultancy services regarding title deed transactions, legal restrictions, permissions from the Ministry of Trade, and partnership structures; thereby strengthening the legal foundation of the initiatives of foreign investors in Türkiye.
Services We Provide Within the Scope of Foreigners Law;
- Residence Permit Applications and Extensions (Application and extension procedures for tourist, family, and student residence permits)
- Work Permit Applications (Obtaining a work permit in Türkiye for foreigners, approvals from the Ministry of Labour and Social Security)
- Turkish Citizenship Applications (Through Marriage or Investment) (Acquiring citizenship through marriage with a Turkish citizen, through investment or real estate purchase in Türkiye)
- Objection to Deportation Decisions (Legal objection and request for suspension of execution against decisions issued for foreigners to leave the country)
- Refugee and International Protection Applications (Follow-up of asylum requests, conditional refugee and subsidiary protection applications)
- Acquisition of Real Estate by Foreigners in Türkiye (Purchase of residence or land and title deed transactions by foreign nationals, legal restrictions)
- Consultancy on Establishing Foreign-Capital Companies (Company establishment procedures with foreign partners in Türkiye and required permits)
- Residence Permit Problems (Extension of tourist visa, cases of visa violation, and residence permit issues)
- Residence Permit Through Family Reunification and Marriage (Obtaining a residence permit within the scope of family reunification for foreign spouses and children)
FREQUENTLY ASKED QUESTIONS
1. How to obtain a residence permit in Türkiye?
To obtain a residence permit in Türkiye, an online application must first be made through the official system of the Directorate General of Migration Management. During the application, appropriate documents must be prepared according to the visa type and submitted on the appointment date. The applicant must present their passport, biometric photograph, health insurance, and accommodation details. Application results are generally evaluated within 30–60 days. A complete application process increases the chance of obtaining a residence permit.
2. How can foreigners obtain a work permit in Türkiye?
For foreigners to obtain a work permit in Türkiye, an application must be made by the employer to the Ministry of Labour and Social Security. The application is carried out through the online system together with the foreign national’s employment contract and required documents. Work permit applications typically are concluded within 5 to 15 days. In some sectors, priority evaluations may be made. Once approved, the foreign national legally obtains the right to work.
3. How can Turkish citizenship be acquired?
Turkish citizenship can be acquired through marriage, investment, exceptional application, or long-term residence. One of the most common methods is purchasing immovable property valued at at least USD 400,000. For citizenship through marriage, being married for at least 3 years is required. The application process is carried out through the Directorate General of Migration Management and the Population Directorates. Because the process is complex, expert legal assistance is recommended.
4. How to appeal a Deport (sınır dışı) decision?
A deportation decision issued against foreigners can be appealed to the administrative court within 7 days. During this period, the person can remain in Türkiye and the deportation procedure is not enforced. The objection petition should focus on the reasons for the decision and include legal grounds. If the appeal is accepted, the decision can be annulled. It is important to work with an expert lawyer during this process.
5. Can a residence permit be obtained in Türkiye through family reunification?
Yes, a residence permit can be obtained in Türkiye under family reunification. This permit is valid for those who are married to a Turkish citizen or a person who has a legal residence permit in Türkiye. The application must include the marriage certificate, documents proving cohabitation, and financial adequacy documents. The application is made to the Directorate General of Migration Management and the evaluation process usually takes approximately 30–90 days. Submitting complete and accurate documents is important.
6. How to obtain a student residence permit in Türkiye?
Foreign students who will study in Türkiye must apply for a student residence permit. The student must present an acceptance letter and student certificate obtained from the university or educational institution that accepted them. The application is made through the Directorate General of Migration Management and requires documents such as a biometric photograph, health insurance, and address declaration. The student residence permit is generally granted for the duration of the education. An extension application must be made before it expires.
7. Is it possible to obtain citizenship through investment in Türkiye?
Yes, it is possible to acquire citizenship in Türkiye by investing under certain conditions. Purchasing immovable property worth at least USD 400,000 or making a capital investment of USD 500,000 grants this right. The citizenship application is submitted to the Ministry of Interior along with documentation of the investment. The investment must be preserved for at least 3 years. When carried out with correct documents, the process can be completed within 3–6 months.
8. What should be done if a tourist visa expires?
If a tourist visa expires and the person does not exit Türkiye, they fall into visa violation. This situation can result in fines and deportation procedures. An application for a residence permit must be made before the visa expires. If there is a valid excuse, there are rights of objection and administrative remedy routes. In such situations, obtaining legal support is important.
9. What can be done if a residence permit is rejected in Türkiye?
If a residence permit application is rejected, an administrative lawsuit can be filed against the decision within 60 days. The reason for the rejection is notified to the applicant in writing. If there are missing or incorrect documents, the person also has the right to submit a new application. Obtaining legal consultancy in this process is important for a favorable outcome. Additionally, if there is a risk of deportation, precautions should be taken.
10. Can foreigners establish a company in Türkiye?
Yes, foreign natural persons can establish a company in Türkiye. Types such as limited liability company or joint-stock company can be preferred and application is made via the MERSİS system. The foreign partner’s passport details and notarized translation are required. The process is completed through the tax office, chamber of commerce, and notary procedures. Legal counsel is recommended to prevent legal risks in commercial activities.
11. When should a residence permit extension application be made in Türkiye?
A residence permit extension application can be made no earlier than 60 days before the permit expires and no later than the expiry date. Applications submitted within this period are taken into evaluation and the validity of the permit is not interrupted. Applications made after the permit expires are generally rejected. The extension application is carried out through the Directorate General of Migration Management’s online system. Documents must be presented completely and previous permit conditions must not have been violated.
12. What documents are required when applying for a residence permit in Türkiye?
For a residence permit application, a passport, biometric photograph, health insurance, address declaration, and application form are required. In addition, documents such as a student certificate, marriage certificate, rental contract, etc., should be added according to the application type. It is important that each document is valid and up to date. Submitting incomplete documents may lead to rejection of the application. Notarized Turkish translations of documents may also be required.
13. Can foreigners purchase real estate in Türkiye?
Yes, foreign nationals can purchase real estate (residential, land, etc.) in Türkiye. However, some regions are closed to foreign purchases because they are near military zones. Title deed transactions are conducted by the General Directorate of Land Registry and Cadastre. There are certain value thresholds for those who wish to obtain citizenship through investment. Taxes and fees must be paid during the purchase process.
14. How to apply for asylum in Türkiye?
Asylum (refugee) applications must be made in person to the Provincial Directorates of the Directorate General of Migration Management. The applicant must clearly state their request for international protection. Personal information, statements about the reasons for fleeing, and any documents, if available, should be submitted. The application process is confidential and the evaluation may take several months. Obtaining legal support during the asylum process increases the chance of success.
15. What happens to foreigners who violate visa rules in Türkiye?
Foreigners who exceed their visa period in Türkiye are fined upon exit. If the fine is not paid, an entry ban for certain periods may be applied. Repeated violations can lead to more severe penalties. Additionally, those with a history of visa violations are at risk when applying for new residence permits. Legal consultancy can help minimize these risks.
16. How long does it take to obtain a residence permit in Türkiye?
After a residence permit application is submitted, the evaluation process is generally completed within 10 to 20 days. This period varies depending on the province where the application is made and the completeness of the documents. If there are missing or incorrect documents, the process may take longer. The applicant can legally stay in Türkiye until the decision is made. The application result is usually notified via PTT cargo.
17. What types of residence permits can foreigners apply for in Türkiye?
Foreigners can apply for short-term, student, family, long-term, victims of human trafficking, and humanitarian residence permits in Türkiye. Short-term permits are usually obtained for tourism, business meetings, or property acquisition. The student permit is valid for foreigners enrolled in university education. Family residence permits are for family members of Turkish citizens or those who have residence permits in Türkiye. Each permit type has different documents and application conditions.
18. How to obtain a long-term residence permit in Türkiye?
A long-term residence permit can be granted to foreigners who have legally resided in Türkiye for at least 8 uninterrupted years. At the time of application, previous permits must not have been violated and no social assistance should have been received. The application is made to the Provincial Directorate of Migration Management. The long-term permit is indefinite but can be canceled in certain cases. It is very important to submit documents completely and orderly.
19. Can a new application be submitted if a residence permit application is rejected in Türkiye?
Yes, even if a residence permit application is rejected, a new application can be submitted with new documents. The reasons for the previous rejection should be taken into account and deficiencies should be remedied. The application process is restarted and evaluated again. In this case, obtaining legal support is important. There is also the right to file a lawsuit within 60 days following the rejection.
20. How can an entry ban for foreigners in Türkiye be lifted?
An entry ban is generally imposed after visa violation, illegal work, or a deportation decision. There are administrative application or legal action routes for lifting the ban. Payment of the fine, compensation for past violations, and legal defense processes can be effective. The duration of the entry ban can vary between 1 and 5 years depending on the person’s violation history. Legal consultancy can shorten or completely remove this ban period.
21. To whom is a family residence permit granted in Türkiye?
A family residence permit can be granted to the spouse, children under 18, and dependent adult children of a Turkish citizen or a person who has legal residence in Türkiye. The marriage must be official and valid. Documents proving cohabitation and financial adequacy must be submitted in the application. Security checks of family members are also conducted. This permit may be valid for 1 to 3 years.
22. Can foreign students obtain a work permit in Türkiye?
Foreign undergraduate and graduate students can obtain a work permit under certain conditions. Undergraduate students become eligible to apply after completing their first year. This restriction does not apply to graduate students. The work permit is obtained by applying to the Ministry of Labour and Social Security. Students are subject to limits on weekly working hours.
23. What can be done if a Turkish citizenship application is rejected?
When a citizenship application is rejected, the reasoned rejection decision is notified to the person in writing. A lawsuit can be filed in the administrative court against the decision. It is also possible to reapply, but previous deficiencies must definitely be remedied. Especially in investment-based applications, it is important that the documents are correct and consistent. Legal support makes the objection process more effectively manageable.
24. What is a humanitarian residence permit in Türkiye?
A humanitarian residence permit is granted to foreigners who cannot be deported or who need to stay in Türkiye for urgent humanitarian reasons. This permit is exceptional and at the discretion of the Directorate General of Migration Management. There is no specific list of documents for the application, but the hardship situation must be clearly documented. The humanitarian residence permit is temporary and can be renewed for certain periods. Compliance with international law and human rights is considered.
25. What legal rights are granted to foreign investors in Türkiye?
Foreign investors have equal rights with Turkish citizens and their investments are protected by law. They can establish companies, acquire immovable property, hire employees, and engage in commercial activities. Türkiye has signed agreements to prevent double taxation with many countries. Investment incentives and free zones also provide advantages to investors. It is suggested to receive support from expert lawyers to protect legal rights.
26. Can foreigners get married in Türkiye?
Yes, foreign nationals can get married in Türkiye. To get married in Türkiye, both parties must obtain a “certificate of no impediment” showing their marital status. This document is obtained from the consulate of the country of which the person is a citizen. The marriage ceremony is held at municipal marriage offices. The marriage record is processed at the Population Directorate to become legally valid.
27. Do children born in Türkiye automatically acquire Turkish citizenship?
No, not every child born in Türkiye automatically becomes a Turkish citizen. Citizenship in Türkiye is based on descent (blood relation). If the mother or father is a Turkish citizen, the child also becomes a Turkish citizen at birth. However, if both parents are foreign, the child does not automatically acquire citizenship by virtue of being born in the country. A separate application must be made for citizenship.
28. Does every foreigner who buys property in Türkiye acquire citizenship?
No, every foreigner who purchases property does not automatically gain citizenship. For citizenship, a property worth at least USD 400,000 must be purchased and not sold for 3 years. A notation indicating this condition must be placed on the title deed. Purchases that do not meet these conditions do not confer citizenship rights. In addition, documents in the application process must be complete.
29. Can someone who was deported from Türkiye re-enter the country?
Yes, a deported person can re-enter Türkiye when the ban period expires or if the ban is lifted. The ban period generally ranges from 1 to 5 years. An appeal application can be made to lift the entry ban. In addition, exceptional entry with a special visa obtained from consulates may be possible. Proper management of legal procedures is critically important at this point.
30. Is it mandatory for foreigners to have health insurance in Türkiye?
Yes, it is mandatory for foreigners to have valid health insurance in Türkiye when applying for a residence permit. Private health insurance or insurances covered by the Social Security Institution (SGK) are accepted. The insurance policy must cover the duration of the residence permit. Incomplete or invalid insurance documentation may result in rejection of the application. Therefore, the insurance policy should be carefully prepared and documented.