Foreigners Law

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Foreigners Law

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;
8.1. Residence Permit Applications and Extensions (Application and extension procedures for tourist, family, and student residence permits)
8.2. Work Permit Applications (Obtaining a work permit in Türkiye for foreigners, approvals from the Ministry of Labour and Social Security)
8.3. Turkish Citizenship Applications (Through Marriage or Investment) (Acquiring citizenship through marriage with a Turkish citizen, through investment or real estate purchase in Türkiye)
8.4. Objection to Deportation Decisions (Legal objection and request for suspension of execution against decisions issued for foreigners to leave the country)
8.5. Refugee and International Protection Applications (Follow-up of asylum requests, conditional refugee and subsidiary protection applications)
8.6. Acquisition of Real Estate by Foreigners in Türkiye (Purchase of residence or land and title deed transactions by foreign nationals, legal restrictions)
8.7. Consultancy on Establishing Foreign-Capital Companies (Company establishment procedures with foreign partners in Türkiye and required permits)
8.8. Residence Permit Problems (Extension of tourist visa, cases of visa violation, and residence permit issues)
8.9. Residence Permit Through Family Reunification and Marriage (Obtaining a residence permit within the scope of family reunification for foreign spouses and children)

 

 

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. Suitable documents should be prepared according to the visa type and submitted on the appointment date. The applicant must provide a passport, biometric photo, health insurance, and accommodation details. The results are usually 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?
To obtain a work permit in Türkiye, the employer must apply to the Ministry of Labour and Social Security. The application is made online, accompanied by the foreigner's employment contract and required documents. Work permit applications are generally finalized within 5 to 15 days. In certain sectors, a priority evaluation may be required. Once approved, the foreigner gains the legal right to work in Türkiye.

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 real estate worth at least 400,000 USD. For citizenship through marriage, the couple must be married for at least 3 years. The application process is carried out through the Migration and Civil Registry Directorates. Due to the complexity of the process, professional legal support is recommended.

4. How to appeal a deportation decision?
A deportation decision against a foreigner can be appealed within 7 days at the administrative court. During this period, the person can remain in Türkiye, and the deportation process is suspended. The objection petition must focus on the reasons for the decision and include legal grounds. If the appeal is accepted, the decision can be canceled. It is crucial to work with a professional lawyer during this process.

5. Can residence permit be obtained in Türkiye through family reunification?
Yes, a residence permit can be obtained in Türkiye through family reunification. This permit applies to those married to Turkish citizens or residents with valid residence permits. The application must include a marriage certificate, proof of cohabitation, and financial capability documents. The application is made to the Migration Authority and is usually processed within 30-90 days. Submitting complete and accurate documents is essential.

6. How to obtain a student residence permit in Türkiye?
Foreign students who will study in Türkiye must apply for a student residence permit. An acceptance letter and a student certificate from the university or educational institution must be submitted. The application is made through the Migration Authority and requires documents such as a biometric photo, health insurance, and address declaration. The student residence permit is usually granted for the duration of the education. An extension must be applied for before it expires.

7. Is it possible to obtain citizenship through investment in Türkiye?
Yes, it is possible to acquire citizenship in Türkiye by making an investment under certain conditions. Purchasing real estate worth at least 400,000 USD or making a capital investment of 500,000 USD grants this right. The citizenship application is made to the Ministry of Interior with documentation of the investment. The investment must be held for at least 3 years. When properly documented, the process can be completed within 3-6 months.

8. What should be done if a tourist visa expires?
If the tourist visa expires without leaving Türkiye, the person will be in violation of visa rules. This can result in fines and deportation procedures. An application for a residence permit should be made before the visa expires. If there is a valid excuse, objection rights and administrative remedies are also available. It is important to seek legal support in such situations.

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 within 60 days. The reason for rejection is notified in writing to the applicant. If there are missing or incorrect documents, the person has the right to reapply. Legal consultancy during this process is important for a favorable outcome. Also, if there is a risk of deportation, precautions must be taken.

10. Can foreigners establish a company in Türkiye?
Yes, foreign individuals can establish a company in Türkiye. Types such as limited or joint stock companies can be chosen, and the application is made through the MERSİS system. The foreign partner’s passport details and a notarized translation are required. The process is completed with procedures at the tax office, chamber of commerce, and notary. Legal support is recommended to avoid legal risks in commercial activities.

11. When should a residence permit extension application be made in Türkiye?
An extension application must be made no earlier than 60 days before the permit expires and no later than the expiry date. Applications submitted within this timeframe are evaluated, and the validity of the permit continues uninterrupted. Applications made after the expiration date are usually rejected. The extension process is completed via the Migration Authority’s online system. It is important to submit all required documents and avoid violating the conditions of the previous permit.

12. What documents are required to obtain a residence permit in Türkiye?
To apply for a residence permit, a passport, biometric photo, health insurance, address declaration, and application form are required. Depending on the type of permit, documents such as a student certificate, marriage certificate, or rental contract may also be needed. All documents must be valid and up to date. Submitting incomplete documents may lead to rejection of the application. Notarized Turkish translations of certain documents may also be required.

13. Can foreigners purchase real estate in Türkiye?
Yes, foreign nationals can purchase real estate (such as houses or land) in Türkiye. However, some regions near military zones are restricted for foreign ownership. Title deed transactions are managed by the General Directorate of Land Registry and Cadastre. For those seeking citizenship through investment, there are minimum property value requirements. Taxes and fees must be paid during the purchase process.

14. How to apply for asylum in Türkiye?
Asylum (refugee) applications must be submitted in person to the Provincial Directorate of Migration Management. The applicant must clearly state their need for international protection. Personal details, explanations for fleeing, and any supporting documents should be provided. The process is confidential and may take several months to conclude. Legal assistance during the asylum process increases the chance of a successful outcome.

15. What happens to foreigners who violate visa rules in Türkiye?
Foreigners who overstay their visa in Türkiye are fined when exiting the country. If the fine is not paid, an entry ban may be imposed for a certain period. Repeated violations can result in more severe penalties. Those with a visa violation history may face difficulties in future residence permit applications. 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 usually completed within 10 to 20 days. This period may vary depending on the province of application and the completeness of the documents. If there are any missing or incorrect documents, the process may take longer. During this period, the applicant can legally stay in Türkiye until a decision is made. The result is generally delivered via PTT cargo.

17. What types of residence permits can foreigners apply for in Türkiye?
Foreigners in Türkiye can apply for short-term, student, family, long-term, victim of human trafficking, and humanitarian residence permits. Short-term permits are typically granted for tourism, business meetings, or property ownership. The student permit is for foreigners enrolled in higher education. The family residence permit is for relatives of Turkish citizens or those holding a valid permit in Türkiye. Each type of permit has different documentation and application requirements.

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. Previous residence permits must not have been violated, and no social aid 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 all documents completely and properly.

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 updated documents. The reasons for the previous rejection should be addressed and any deficiencies corrected. The process starts from the beginning and is evaluated again. It is important to seek legal assistance in this case. There is also a right to file a lawsuit within 60 days after the rejection.

20. How can an entry ban for foreigners in Türkiye be lifted?
An entry ban is usually imposed after a visa violation, illegal work, or deportation decision. There are administrative and judicial remedies to lift the ban. Paying the fine, compensating for past violations, and submitting a legal defense can be effective. The duration of the ban can range from 1 to 5 years depending on the individual’s violation history. With legal consultancy, the ban period can be reduced or entirely removed.

21. Who is eligible for a family residence permit in Türkiye?
A family residence permit can be granted to the spouse, children under the age of 18, and dependent adult children of Turkish citizens or legal residents in Türkiye. The marriage must be official and valid. Documents proving cohabitation and financial capability must be submitted during the application. Security checks are also conducted for all family members. This permit is usually valid for 1 to 3 years.

22. Can foreign students obtain a work permit in Türkiye?
Foreign students enrolled in undergraduate and postgraduate education may obtain a work permit under certain conditions. Undergraduate students become eligible after completing their first year. There is no such restriction for postgraduate students. The work permit is obtained by applying to the Ministry of Labour and Social Security. Students are subject to weekly work hour limitations.

23. What can be done if a Turkish citizenship application is rejected?
When a citizenship application is rejected, the reasoned decision is provided in writing to the applicant. A lawsuit can be filed at the administrative court against the decision. A new application may also be submitted, but previous deficiencies must be corrected. Especially in investment-based applications, documents must be accurate and consistent. Legal support helps manage the objection process more effectively.

24. What is humanitarian residence permit in Türkiye?
A humanitarian residence permit is granted to foreigners who cannot be deported or must remain in Türkiye due to urgent humanitarian reasons. This permit is an exceptional measure and subject to the discretion of the Migration Authority. There is no fixed list of documents, but the hardship must be clearly proven. The permit is temporary and may be renewed for specific periods. Compliance with international law and human rights is taken into consideration.

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, purchase real estate, hire employees, and engage in commercial activities. Türkiye has signed double taxation avoidance agreements with many countries. Investment incentives and free zones also offer benefits to investors. It is recommended to seek assistance from legal professionals to ensure protection of legal rights.

26. Can foreigners get married in Türkiye?
Yes, foreign nationals can get married in Türkiye. To do so, both parties must obtain a “certificate of no impediment” from their respective consulates. This document proves their eligibility for marriage. The marriage ceremony is conducted at municipal marriage offices. The marriage is legally recognized once registered at the Population Directorate.

27. Do children born in Türkiye automatically acquire Turkish citizenship?
No, not all children born in Türkiye automatically acquire Turkish citizenship. Türkiye grants citizenship based on descent (jus sanguinis), not place of birth. If either parent is a Turkish citizen, the child is granted citizenship at birth. If both parents are foreigners, birth in Türkiye alone does not confer citizenship. A separate application process is required for citizenship.

28. Does every foreigner who buys property in Türkiye acquire citizenship?
No, not every foreigner who buys property in Türkiye automatically gains citizenship. To be eligible, the foreigner must purchase real estate worth at least 400,000 USD and not sell it for at least 3 years. A restriction must be placed on the title deed indicating this condition. Purchases that do not meet these criteria do not grant citizenship rights. The application must also include all required documents.

29. Can someone who was deported from Türkiye re-enter the country?
Yes, a deported person can re-enter Türkiye once the ban period expires or if the ban is lifted. The duration of the ban generally ranges from 1 to 5 years. An appeal can be submitted to lift the entry ban. In some cases, an exceptional entry may be allowed with a special visa obtained from consulates. Proper legal handling of the process is critically important.

30. Is it mandatory for foreigners to have health insurance in Türkiye?
Yes, foreigners are required to have valid health insurance in Türkiye when applying for a residence permit. Both private insurance and policies under the Social Security Institution (SGK) are accepted. The insurance policy must cover the entire duration of the residence permit. An incomplete or invalid policy may result in rejection of the application. Therefore, the policy must be prepared carefully and properly documented.

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