Foreign Law: Everything You Need to Know for Foreigners in Turkey
Foreign Law is the branch of law that encompasses the rules applied to foreigners coming to
our country. The fundamental principle in Foreign Law is reciprocity, which means that
different rules can be applied to citizens of each country according to this principle.
The main legislation in Foreign Law consists of the Law on Foreigners and International
Protection No. 6458, the Law on International Private Law and Procedural Law No. 5718, and
the Turkish Citizenship Law No. 5901.
The most commonly encountered procedures under these laws are as follows:
- Entry of foreigners to Turkey,
- Residence permit for foreigners (short-term, family, student, long-term, humanitarian,
and victims of human trafficking), - Work permit for foreigners,
- Acquisition of Turkish citizenship,
- Purchase of real estate by foreigners in Turkey,
- Investments made by foreigners in Turkey,
- Establishment of companies, opening bank accounts, and similar transactions by
foreigners in Turkey, - International protection,
- Temporary protection,
- Deportation
Short-Term Residence Permit
The short-term residence permit is regulated between Article 31 and Article 33 of the Law on
Foreigners and International Protection No. 6458. In addition, provisions regarding the short-
term residence permit are also included in Articles 28 and 29 of the Regulation on the
Implementation of the Law on Foreigners and International Protection.
Foreign Law in Turkey
Foreigners Eligible for Short-Term Residence Permit
1- Foreigners Staying for Tourism Purposes
In case of applying for a residence permit for this purpose, the foreigner’s declaration
regarding their travel plan is examined. If deemed necessary by the institution, the requesting
foreigner may be asked to provide information and documents.
2- Foreigners with Immovable Property in Turkey
For the acceptance of such applications, the property owned by the foreigner must be
residential and used for this purpose. In addition, if family members have joint ownership or
joint ownership rights in the property, they can also apply for a residence permit in this
context.
3- Foreigners Coming for Commercial Connections or Business Establishment Purposes
If these individuals apply for a residence permit for more than three months, they may be
asked to submit an invitation letter or similar documents from the person or companies they
will establish connections with.
4- Foreigners Participating in In-Service Training Programs
In residence permit applications requested for this purpose, the requests are evaluated based
on the information and documents provided regarding the content, duration, and location of
the training, and a residence permit is issued for the duration of the program.
5- Foreigners Coming for Education or Similar Purposes Within the Scope of Agreements
Our Country is Party to and Student Exchange Programs
For this purpose, if a residence permit is requested, the requesting foreigner is required to
submit the information and document obtained from the relevant institution. The duration of
the residence permit cannot exceed the duration of the educational or similar activity.
6- Foreigners Coming for Scientific Research Purposes
Foreigners requesting a residence permit for scientific research must obtain a permit
document from the relevant institution or organization if the scientific research is subject to
permission. If scientific research is not subject to permission, those requesting the permit are
required to provide a declaration regarding the research subject.
Short-Term Residence Permit Requirements
Everything You Need to Know About Foreign Law in Turkey
The requirements for issuing a short-term residence permit are listed in Article 32 of the Law
on Foreigners. These requirements are:
- Presentation of supporting information and documents regarding the purpose of stay in
Turkey, - Not falling within the scope of Article 7 of the Law on Foreigners,
- Availability of accommodation conditions that meet general health and safety
standards, - If necessary, submission of a criminal record issued by the competent authorities of
the country of citizenship or legal residence, - Providing address information for the stay in Turkey.
Reasons for Rejection, Cancellation, or Non-Extension of Short-Term Residence Permit - Non-existence or subsequent elimination of one or more of the necessary conditions
for a short-term residence permit, - Determination that the residence permit is being used contrary to its intended purpose,
- Existence of a valid deportation or entry ban decision against the foreigner,
- Violation of the duration of stay abroad.
In these cases, a short-term residence permit is not granted, those already granted are
canceled, and those whose duration has expired are not extended.
Deportation
The deportation procedure is regulated between Article 52 and Article 60 of the Law on
Foreigners.
Deportation is implemented for foreigners who violate Article 54 of the Law on Foreigners.
According to the law, the authorized authority to make this decision is the governorship. The
evaluation and decision stage of the deportation decision is a maximum of 48 hours.
Foreigners to whom a Deportation Decision Will Be Made
If one or more of the conditions stipulated in Article 54 of the law exist, except for the
exceptions listed in Article 55, a deportation decision must be made by the governorship.
Appeal against a Deportation Order
The expulsion decision shall be sent, with reasons, to the foreigner against whom the decision has been taken, his legal representative or his/her lawyer. The foreigner against whom a deportation order has been issued shall be sent to a if he/she is not represented by a lawyer, he/she or his/her legal representative shall be informed about the provisions and consequences of the decision, the appeal
procedures and deadlines.
Application to the Administrative Court
This is regulated in Article 53 of the law. The foreigner’s opposition to the deportation decision
himself, his legal representative or his lawyer, within seven days from the notification of the decision.
to lodge an objection with the court. The fact that the application was filed,
The decision-making authority shall also be notified by the person applying to the court.
Applications shall be finalized by the administrative court within fifteen days. The court shall
the decision rendered is final. Without prejudice to the consent of the foreigner, within the time limit for filing a lawsuit or in case of judicial proceedings, the foreigner is deported until the conclusion of the proceedings Not applicable.
Enforcement of the Deportation Order
Foreigners in the removal center are transferred to border gates by the relevant law enforcement unit.
taken to a removal center. Those who will be deported without the need to be referred to a removal center foreigners, on the other hand, are subject to border control by the law enforcement unit organized by the provincial organization of the Directorate General. is taken to the gate.
Travel Expenses of the Foreigner to be Deported
The travel expenses of the foreigner to be deported shall be borne by the foreigner. This matter
Article 60 of the law and the relevant provisions are set out below:
a) The foreigner’s available funds are sufficient to cover the full costs of deportation travel
if sufficient, the costs of the expatriate’s travel shall be covered from the foreigner’s available funds, and any surplus is left to him/her.
b) If the foreigner has no money, the entire travel expenses shall be paid by the General Directorate.
shall be covered.
c) If the available funds of the foreigner are not sufficient to cover the entire travel expenses;
1) Travel expenses shall be covered by the Directorate General and the foreigner’s available funds
The basic criteria for foreigners to be deported determined by the Directorate General at the beginning of each fiscal year
the amount sufficient to meet his/her needs and the remaining amount is left to him/her.
revenue is recorded to the Treasury against travel expenses.
2) The foreigner’s available funds are insufficient to cover basic needs
below, the entire travel expenses are covered by the General Directorate and the available money is
to itself
is left behind.
3) Foreigners may not be allowed to enter Turkey unless the costs are reimbursed.
(4) The Directorate General shall contact international organizations, relevant
may cooperate with national authorities and non-governmental organizations.
(5) Passports or other documents of foreigners may be retained until deportation
and their tickets may be redeemed for cash to be used in deportation proceedings.
(6) Real persons or legal entities may, for foreigners whose stay or return they guarantee
is obliged to pay the costs of deportation. Employer or employer who employs a foreigner without authorization
the obligations of employers’ representatives with regard to the expulsion proceedings of the foreigner
The provision of the third paragraph of Article 21 of the Law No. 4817 shall apply.