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Foreigners law is the branch of law that regulates the entry, stay, work, education, investment and acquisition of citizenship processes of persons who are not citizens of a state. In Türkiye, the legal status of foreigners is determined primarily by the Law on Foreigners and International Protection No. 6458, as well as various other legislative provisions. This field of law covers not only the rights of foreign individuals, but also regulations concerning public order, security and migration policies.
In recent years, as Türkiye has become an important center in international trade, education, tourism and investment, the legal procedures of foreigners in Türkiye have gained greater importance. Residence permits, work permits, deportation decisions, international protection applications and citizenship procedures are among the most common matters within the scope of foreigners law.
Persons who are not citizens of the Republic of Türkiye are considered foreigners. Foreigners may have different legal statuses in Türkiye depending on their purpose of stay. Different rules apply to tourists, students, employees, investors or persons applying for international protection.
The rights and obligations of foreigners in Türkiye may vary depending on their legal status. However, all foreigners are obliged to comply with public order, legal regulations and the relevant legislation.
Foreigners law in Türkiye is mainly governed by the Law on Foreigners and International Protection No. 6458 and the International Labor Force Law No. 6735. In practice, these processes involve administrative procedures, strict legal deadlines and decisions that may directly affect personal liberty.
Within this scope, the field is generally examined under five main headings:
A residence permit is a document that allows foreigners to legally stay in Türkiye for a period longer than the visa or visa exemption period, which is generally 90 days. Applications are submitted through the systems of the Presidency of Migration Management. The main types of residence permits are as follows:
Short-Term Residence Permit: Granted for purposes such as tourism, commercial connections, scientific research or real estate acquisition. In order to obtain residence through real estate acquisition, the value of the property must be at least the Turkish Lira equivalent of USD 200,000 and the title deed must be registered as residential property.
Family Residence Permit: Granted to the spouse and dependent children of a Turkish citizen or of a foreigner who legally resides or works in Türkiye.
Student Residence Permit: Issued to foreigners studying at an associate degree, undergraduate, graduate, doctoral or medical specialization program at a higher education institution in Türkiye.
Long-Term Residence Permit: Granted indefinitely to foreigners who have lived in Türkiye with a residence permit for at least eight uninterrupted years, have not received social assistance and do not pose a threat to public order.
Humanitarian Residence Permit and Residence Permit for Victims of Human Trafficking: Special types of permits granted in exceptional circumstances, where the best interests of the child are involved, or for foreigners who cannot be deported.
Foreigners who wish to work in Türkiye, whether dependently or independently, must obtain a permit from the Ministry of Labor and Social Security. A foreigner who holds a legal work permit in Türkiye does not need to obtain a separate residence permit, as the work permit substitutes for a residence permit.
Temporary Work Permit: Granted for a specific workplace or enterprise and for a specific profession, for a maximum period of one year in the first application. In extension applications, provided that the foreigner continues to work at the same workplace, the permit may be extended for up to two and then three years respectively.
Indefinite Work Permit: Grants an indefinite right to work to foreigners who hold a long-term residence permit in Türkiye or who have held a legal work permit for at least eight years.
Independent Work Permit: Granted to foreigners who will carry out professional activities in Türkiye on their own behalf, based on an assessment of their contribution to the economy and employment.
Turquoise Card: A special status that grants indefinite work and residence rights to highly qualified labor force, scientists, artists or investors, and also provides certain conveniences for their families.
This area covers persons who have a well-founded fear of persecution in their country of origin due to race, religion, nationality, membership of a particular social group or political opinion.
International Protection: As a result of individual applications, persons may be granted refugee, conditional refugee or subsidiary protection status depending on their circumstances.
Temporary Protection: A regime that provides urgent and temporary rights to groups who have taken refuge in the country due to mass migration movements, such as asylum seekers from Syria, where individual status determination procedures cannot be carried out.
Pursuant to Article 54 of the Law on Foreigners and International Protection, governorates may issue deportation decisions against foreigners who violate visa or residence rules, work illegally, threaten public order or public health, or are connected with terrorist organizations.
Administrative Detention: Foreigners for whom a deportation decision has been issued may be held under administrative detention in Removal Centers if there is a risk of absconding or disappearing. An application may be filed before the Criminal Judgeship of Peace to challenge this decision and request release.
Lawsuit Process and Suspension of Execution: An annulment lawsuit against a deportation decision must be filed before the Administrative Court within seven days from notification of the decision. Filing a lawsuit automatically suspends the deportation of the foreigner until the end of the proceedings, pursuant to Article 53/3 of the Law.
Exception: In some deportation decisions related to terrorist organizations or public security, filing a lawsuit does not automatically suspend deportation. In such cases, a separate request for suspension of execution must be submitted to the court.
Restriction Codes: These are administrative codes that prevent or restrict a foreigner’s entry into Türkiye, such as Ç-114, V-84 and G-87. Administrative objections or annulment lawsuits may be pursued for the removal of these codes.
Citizenship procedures are carried out under the Turkish Citizenship Law No. 5901. Applications are subject to the procedures of the General Directorate of Population and Citizenship Affairs and the approval process of the Presidency.
Citizenship by Investment / Exceptional Citizenship: This is one of the most commonly used methods. Citizenship may be granted directly by Presidential decision through economic requirements such as purchasing real estate worth at least USD 400,000 with an annotation not to sell for three years, depositing at least USD 500,000 in Turkish banks for three years, or employing at least 50 Turkish citizens.
Citizenship through Marriage: Foreigners who have been married to a Turkish citizen for at least three years and whose marriage continues within a family union may apply. General application for citizenship may also be available to foreigners who have legally resided in Türkiye for five uninterrupted years, usually through real estate or a work permit, who can speak Turkish and who can sustain themselves financially.
Initial Application: Determining the appropriate type of residence permit according to the purpose of stay in Türkiye and preparing application files.
Change of Permit Type: Managing transitions between short-term, family, student or long-term residence permits.
Extension: Following up renewal procedures before the Migration Administration within the legal time limits.
Objection to Rejection: Filing administrative objections and annulment lawsuits in case of rejection of residence permit applications.
Ministry Procedures: Conducting domestic or overseas work permit applications through the Ministry of Labor and Social Security.
Company Partners: Obtaining the required legal permits for foreign company partners or managers.
Extension and Cancellation: Handling work permit extension requests and pursuing legal remedies against unjust cancellation of permits.
Citizenship by Investment: Following up exceptional citizenship procedures through the purchase of real estate worth at least USD 400,000 or through deposit investment.
Citizenship through General Application: Managing citizenship applications based on uninterrupted residence, marriage or other statutory conditions.
Civil Registry Procedures: Completing post-citizenship procedures such as name equivalence certificates, registration in the civil registry and passport procedures.
Annulment Lawsuit against Deportation: Filing an annulment lawsuit before the Administrative Court within seven days against a deportation decision.
Objection to Administrative Detention: Filing an objection before the Criminal Judgeship of Peace for the release of foreigners held in Removal Centers.
Removal of Restriction Codes: Filing lawsuits for the removal of restriction codes such as V-84 and Ç-114 that cause entry bans.
Real Estate Acquisition: Conducting title deed examinations in real estate purchase and sale processes and ensuring a secure transfer on behalf of the foreigner.
Company Incorporation: Managing the establishment of foreign-capital companies, branches or liaison offices in Türkiye.
In foreigners law, administrative authorities such as the Migration Administration, the Ministry of Labor and Social Security and Civil Registry Offices have broad discretionary powers. The most common problems and loss of rights encountered in practice are as follows:
Missing Deadlines: Submitting residence extension applications after the expiry of the permit period or missing the seven-day deadline for filing a lawsuit against a deportation decision may lead to irreversible deportation procedures.
Missing Documents and False Declarations: Applications made with incorrect information obtained from random websites or unauthorized consultancy firms, such as misleading address declarations or invalid health insurance, may directly result in residence permit rejection and notification to leave Türkiye within ten days.
Security Investigations in Citizenship Applications: Especially in exceptional citizenship processes, applications may be rejected without detailed reasoning due to negative reports arising from retrospective archive investigations conducted by intelligence and security authorities. At this stage, filing the correct administrative lawsuits is essential.
Since foreigners law processes are directly related to personal liberty, property rights and family unity, it is of vital importance that every step be carried out in accordance with current legislation, transparently and with professional legal support.
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