Foreigners Law

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What is a Residence Permit? What happens during the Deportation Process?

Foreigners Law

We advise on residence, work permit, deportation and citizenship issues within the scope of Foreigners’ Law.

Foreigners’ Law, in the broadest sense, is the branch of law that constitutes the entirety of the rules applied to foreigners coming to our country. The most basic principle in Foreigners’ Law is the principle of reciprocity, and different rules can be applied to citizens of each country in accordance with this principle.

The answer to the question “What is Foreigners’ Law?” can be explained as a set of laws within the relevant legislation. Basically, the Law on Foreigners and International Protection No. 6458, the Law on Private International Law and Procedural Law No. 5718 and the Turkish Citizenship Law No. 5901 constitute the Foreigners Law legislation.

The most common procedures under these laws are as follows:

  • Entry of foreigners into Turkey,
  • Residence permit for foreigners (6 types: short-term, family, student, long-term, humanitarian, human trafficking victim)
  • Work permit for foreigners,
  • Acquisition of Turkish citizenship,
  • Foreigners buying real estate in Turkey,
  • Foreign investments in Turkey,
  • Transactions such as foreigners establishing companies and opening bank accounts in Turkey,
  • International Protection,
  • Temporary Protection,
  • Deport (deportation)

Short-term residence permit is regulated under Articles 31 to 33 of the Law No. 6458 on Foreigners and International Protection. In addition, Articles 28 and 29 of the Regulation on the Implementation of the Law on Foreigners and International Protection also contain provisions on short-term residence permits.

1- Foreigners staying for tourism purposes

In case a residence permit is requested for this purpose, the declaration of the foreigner requesting a residence permit regarding the travel plan shall be examined. If deemed necessary by the Authority, the requesting foreigner may be asked to submit information and documents.

2- Foreigners with Immovable Property in Turkey

Therefore, in order for the applications to be accepted, the immovable property owned by the foreigner must have the characteristics of a residence and be used for this purpose. However, if family members have a shared ownership or joint ownership of the property, family members may also apply for a residence permit within this scope. 

3- Foreigners Arriving with the Purpose of Establishing a Commercial Connection or Business

If such persons request a residence permit for more than three months, the requesting foreigner may be asked to submit an invitation letter or similar documents from the persons or companies with whom he/she will establish contacts.

4- Foreigners to Participate in In-Service Training Program

For residence permits requested for this purpose, requests are evaluated based on the information and documents submitted on issues such as the content, duration and location of the training, and residence permits are issued for the duration of the program.

5- Foreigners Arriving for Education or Similar Purposes within the Scope of Agreements and Student Exchange Programs to which Our Country is a Party

In case of a request for a residence permit for this purpose, the requesting foreigner is required to submit information and documents to be obtained from the relevant institution. The duration of the residence permit shall not exceed the duration of the educational or similar activity.

6- Foreigners Arriving for Scientific Research

Foreigners requesting a residence permit for scientific research must obtain a permit from the relevant institution or organization if the scientific research is subject to a permit. If the scientific research is not subject to authorization, those requesting the permit are required to submit a declaration on the subject of the research.

Short Term Residence Permit Conditions

The conditions for the issuance of a short-term residence permit are listed in Article 32 of the Foreigners Law. These conditions are

  • Submission of supporting information and documents regarding the purpose of stay in Turkey,
  • Not being within the scope of Article 7 of the Law on Foreigners,
  • The availability of housing conditions to meet general health and safety standards,
  • If required, submission of a criminal record issued by the competent authorities of the country of citizenship or legal residence,
  • Providing information about the address where you will stay in Turkey.
  • One or more of the conditions required for a short-term residence permit are not present or are no longer present,
  • Detection of use of the residence permit contrary to the purpose for which it was issued,
  • The foreigner is subject to a valid deportation or entry ban order,
  • Violation of the duration of stay abroad.

In these cases, short-term residence permits are not issued, those issued are canceled, and those that have expired are uzatılmamaktadır

Deportation procedure is regulated in Articles 52 to 60 of the Aliens Act.

If a foreigner violates Article 54 of the Law on Foreigners, a deportation order is applied. According to the law, the competent authority to take this decision is the governorate. The evaluation and decision phase of the deportation decision takes a maximum of 48 hours in accordance with the Principles of the Law on Foreigners.

Foreigners for whom a deportation order will be issued

In the presence of one or more of the conditions stipulated in Article 54 of the Law, a deportation decision must be issued by the governorate, except for the exceptions set forth in Article 55.

Appeal against the Deportation Decision

The deportation decision shall be communicated to the foreigner against whom the decision has been taken, with reasons, to his/her legal representative or through the relevant Foreigners’ Law lawyers. If the foreigner against whom a deportation order has been issued is not represented by a lawyer, he or she or

This is regulated in Article 53 of the law. The foreigner himself/herself, his/her legal representative or a Foreigners’ Law lawyer has the right to appeal against the deportation decision by applying to the administrative court within seven days of the notification of the decision. The fact that the application has been filed by the lawyers, legal representatives or the foreigner himself/herself within the Foreigners’ Law Legal Office is also notified to the authority making the decision by the person applying to the court.

Applications are finalized by the administrative court within fifteen days. The decision of the court shall be final. Without prejudice to the consent of the foreigner, the foreigner shall not be deported within the period for filing a lawsuit or until the conclusion of the proceedings in case of an application for judicial remedy.

Implementation of the Deportation Decision

Foreigners in the removal center are taken to the border gates by Foreigners Law Istanbul or the relevant law enforcement unit. Foreigners who will be deported without the need to be referred to a removal center are taken to the border gate by the law enforcement unit organized by the provincial organization of the Directorate General.

The travel expenses of the foreigner to be deported are covered by the foreigner. This is regulated in Article 60 of the Law and the relevant provisions are as follows:

1) If the available funds of the foreigner are sufficient to cover the entire deportation travel expenses, the deportation travel expenses shall be covered from the available funds of the foreigner and the remaining amount shall be left to him/her.

2) If the foreigner has no money, the entire travel expenses shall be covered by the Directorate General.

3) If the foreigner’s current money is not sufficient to cover the entire travel expenses;

  • Travel expenses shall be covered by the Directorate General and the amount of the foreigner’s available money sufficient to meet the basic needs of the foreigners to be deported, which is determined by the Directorate General at the beginning of each fiscal year, shall be left to him/her and the remaining amount shall be recorded as revenue to the Treasury against travel expenses.
  • If the foreigner’s available funds are below the amount sufficient to meet his/her basic needs, the entire travel expenses shall be covered by the Directorate General and his/her available funds shall be left to him/her.

4) Unless the costs are reimbursed, foreigners may not be allowed to enter Turkey.

5) The Directorate General may cooperate with international organizations, relevant country authorities and non-governmental organizations in relation to deportation procedures.

6 ) Passports or other documents of foreigners may be kept until deportation and their tickets may be converted into cash to be used in deportation procedures.

7) Real or legal persons are obliged to pay the deportation expenses of foreigners whose stay or return they guarantee. Pursuant to the Law on Foreigners, the provision of the third paragraph of Article 21 of the Law No. 4817 shall apply to the obligations of employers or employers’ representatives who employ foreigners without authorization regarding the deportation procedures of foreigners.

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Field Related Questions and Answers

There are multiple types of residence permits in Turkey and the most suitable one should be chosen. You can consult our experienced team on this issue.

Turkish citizenship can be acquired through residence for certain periods of time, marriage or sale of real estate.

If the foreigner does not want to leave Turkey, he/she must apply for a residence permit within 10 days after the visa expires.

In this case, a penalty fee is charged. The amounts vary depending on the foreigner’s country, age and duration of the violation.

Foreigners who will stay in Turkey for more than 90 days or the period for which a visa or visa exemption is valid must obtain a residence permit.

What to do if a residence permit application is rejected?

In this case, the foreigner is allowed to reside in Turkey until the appointment date.

By law, applications must be finalized within 90 days, but this process is often shorter.

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