Immigration Law

We offer comprehensive consultancy and litigation services to foreigners residing in Turkey, covering residency, work permits, citizenship applications, family law cases, property acquisition, and other legal procedures.

Immigration Law has become an increasingly crucial legal field in recent years due to the rise in international migration movements and Turkey's geographical location. This area, shaped by numerous regulations, emerges as a concept striving to balance the principle of respect for human rights with public order. This branch of law is not limited to administrative decisions but also contains provisions directly affecting individuals' fundamental rights and freedoms. Therefore, it requires a technical body of knowledge at a level that both practitioners and interested parties can comprehend.

The foundation of Turkish Immigration Law is constituted by Law No. 6458 on Foreigners and International Protection. This law comprehensively regulates the process from the entry of foreigners into Turkey to their deportation. Specifically, in cases where foreigners are present in Turkey, broad discretionary power has been granted to the administration regarding matters such as their duration of stay, residence permits, international protection applications, and deportation procedures; however, this discretionary power has also been subjected to judicial review. Particularly concerning administrative detention and deportation decisions, repeated rulings of the Constitutional Court have emphasized that individuals must be treated in a manner consistent with human dignity.

One of the frequently encountered disputes in Immigration Law is determining in which cases deportation procedures are considered lawful. At this point, the question can be posed as follows: Does the deportation of a foreigner on grounds of public order violate fundamental rights and freedoms? Upon consideration, the answer to this question varies according to the specific circumstances of the case; evaluations are predominantly made based on the "principle of proportionality" found in the decisions of the European Court of Human Rights. This means that the threat to public order must outweigh the harm to be suffered by the individual, and this decision must always be open to judicial review.

In addition to the Law on Foreigners and International Protection, international conventions to which Turkey is a party and decisions of the European Court of Human Rights also form the basis for procedures concerning foreigners. Accordingly, any administrative decision taken regarding a foreigner must be examined within the scope of the prohibition of refoulement. The prohibition of refoulement is a fundamental principle preventing individuals at risk of persecution from being sent to unsafe countries. In the event of a violation of this principle, Turkey is deemed to have violated both its national and international obligations.

Decisions of the Regional Courts of Appeal and the Council of State also play a guiding role in practice. It is frequently observed that the administration issues deportation decisions based on abstract assessments of public order, and these decisions are overturned by judicial review. This situation brings to the forefront once again the question of how a balance should be struck between administrative action and fundamental rights. Indeed, judicial bodies have emphasized that each deportation decision must be evaluated on an individual basis and have deemed actions based on uniform and boilerplate justifications unlawful.

Asylum, temporary protection, and subsidiary protection statuses are also important concepts within Immigration Law. These statuses are applied when it is not possible for the individual to return to their country of origin and are recognized by Turkey according to specific criteria. However, in practice, different procedures are encountered in different provinces during the recognition process of these statuses, and uniformity in interview procedures cannot be ensured. This undermines the legal safeguards perceived by applicants.

Another common problem in Immigration Law is administrative detention procedures. Detentions in removal centers can sometimes be extended without legal justification, and this situation may violate individuals' right to liberty and security. In this context, jurisprudence has developed in Constitutional Court decisions stating that administrative detention orders must be reasoned, time-limited, and subject to regular judicial review. By leveraging these decisions, the practice should be harmonized with human rights norms.

Concepts such as voluntary return and resettlement are also matters that directly affect the legal status of foreigners. In these processes, the individual's consent must be ensured, and whether they are acting of their own free will must be carefully examined. This is because decisions of the European Court of Human Rights have stated that any action taken contrary to the explicit will of the individual must be considered within the scope of "forced return."

Furthermore, procedures such as naturalization and revocation of citizenship are among the critical areas of Immigration Law. Pursuant to the law, citizenship applications of individuals deemed a threat to national security are rejected, or acquired citizenship may be revoked. The reviewability of these procedures is essential for legal certainty and predictability. Otherwise, a basis for arbitrary practices would be created. Issues such as residence permits, work permits, and student permits are also regulated in detail within the legislation, and each permit type is subject to different conditions. The discretionary power granted to the administration in granting or denying these permits sometimes becomes a factor hindering foreigners' participation in social life. Additionally, in permit revocation procedures, the reasons must be clearly stated; otherwise, judicial review cannot be conducted.

The technical and multi-dimensional nature of Immigration Law requires a meticulous approach to protecting individual rights. Due to complex regulations in practice and procedures falling under the jurisdiction of different institutions, acting under the guidance of specialized professionals is crucial to prevent loss of rights. Conversely, actions taken with misinformation or incomplete knowledge can lead to difficult-to-remedy consequences. Therefore, acting consciously and systematically in legal processes will yield healthier outcomes for both the individual and the public administration. In this framework, for example, the proper structuring of an asylum application by a foreigner at risk of deportation ensures the protection of not only procedural but also substantive rights. If there are formal deficiencies in the application process, it may be possible to deport the individual without examining whether they are truly at risk. This can lead to serious violations not only in the context of national law but also in the context of Turkey's international obligations. On the other hand, in procedures such as administrative detention and extension of residence permits, establishing an effective oversight mechanism against the administration's discretionary power is essential. Otherwise, such procedures, which directly affect an individual's life, become susceptible to arbitrary practices, and the perceived principle of legal certainty is undermined. Therefore, ensuring legality at every stage of the process is only possible through specialists with sufficient knowledge and legal competence.

Our Law Firm offers the following services in the field of Immigration Law:

Consultancy services regarding application processes to official authorities for obtaining residence permits for foreigners residing in Turkey: Application procedures for foreigners residing in Turkey to obtain a residence permit are subject to legal regulations and specific protocols. This process may vary depending on the type of application, but generally, foreigners must apply to the Directorate General of Migration Management based on their purpose of residence in Turkey, duration, and other personal circumstances. Our consultancy service provides guidance for the complete preparation of application documents, procurement of necessary paperwork, and correct submission of the application, enabling the monitoring of every stage of the application process within the legal framework.

Consultancy services regarding application processes to official authorities for obtaining work permits for foreigners residing in Turkey: For foreigners to obtain a work permit in Turkey, applications must be made to the Ministry of Labor and Social Security. Foreigners wishing to obtain a work permit in Turkey are expected to meet specific criteria through applications made by their employers. Our consultancy service includes providing comprehensive information to employers and foreigners regarding the steps they need to follow. In this process, work permit applications are made within the framework of relevant legislation, necessary documents are prepared, and application results are monitored, providing legal support at every stage.

Consultancy services regarding application processes to official authorities for the extension of residence permits for foreigners residing in Turkey: When a foreigner's residence permit in Turkey expires, specific application procedures must be followed for its extension. Foreigners must apply to the Directorate General of Migration Management and submit the required documents to legally extend their period of stay. Our consultancy service provides guidance for the complete preparation of necessary documents and the correct submission of the application during the residence permit extension process. Furthermore, it ensures that the foreigner's legal status is maintained and the application process is legally completed in a proper manner for the residence permit to be extended.

Providing information and consultancy services to foreigners regarding Turkish Law and legal regulations: For foreigners to understand their legal rights and obligations in Turkey, accurate and clear information about Turkish legislation is essential. This is because benefiting from the safeguards offered by the legal system is only possible if this system is known. In this context, information services are not merely translations of legal articles but also explanations of how these provisions are applied in practice. Upon consideration, a correct understanding of the legislation by foreigners prevents potential future rights violations. One of the frequently asked questions within the scope of consultancy is: Is a foreigner residing in Turkey for a long period obligated to be aware of legal changes? In response, it should be stated that every individual is subject to the legal system of the country they reside in and is obligated to follow changes within this system. Fulfilling this obligation is only possible through a systematic and continuous consultancy process. This process ensures the elimination of oversights that could lead to the loss of rights.

Providing consultancy services regarding the assessment of Turkish Citizenship acquisition for foreigners residing in Turkey and applications that can be made to official authorities if the conditions stipulated in the legal regulations are met: The acquisition of Turkish citizenship is conducted based on the principles set forth in the Turkish Citizenship Law No. 5901 and involves numerous procedures requiring the fulfillment of both formal and substantive conditions. Citizenship applications are divided into different categories such as general, exceptional, and acquisition through marriage. In this respect, each application must be evaluated separately in terms of its concept and nature. Especially in exceptional citizenship acquisition, the administration's broad discretionary power increases the importance of consultancy services. One of the most common problems in practice is applications remaining inconclusive due to documents not being prepared in accordance with procedures. So, how is a foreigner's legal status affected if the application is rejected? Naturally, even if the application is rejected, the individual's existing residence or other status continues; however, if false or incomplete declarations were made during the application process, the administration may use this as a reason for rejection. Therefore, careful planning and execution of every stage within the legal framework are essential.

Initiating necessary lawsuits and following up on the litigation process until its conclusion in case of any violation of the rights of foreigners residing in Turkey: In the event of a violation of the fundamental rights and freedoms of foreigners, it is possible to resort to judicial remedies in accordance with the Constitution and international conventions to which Turkey is a party. Rights violations in this scope can arise from administrative actions as well as private law relationships. In Turkish law firm practice, the first step in initiating such lawsuits is the correct examination of the legal nature of the violation. The nature of the perceived violation determines which court to file the lawsuit with and the judicial remedies to be used. One of the frequently asked questions in such processes is: Is foreigners' access to the justice system provided to the same extent as citizens? The truth is that the legal system of the Republic of Turkey has adopted the principle of equality without any discrimination regarding foreigners' access to courts. Moreover, in some cases concerning foreigners, exceptional methods such as service by public announcement are also recognized if the residence address cannot be reached. In this respect, the planned and technically correct management of litigation processes directly impacts the outcome.

Providing information and consultancy services regarding the acquisition of property by foreigners in Turkey within the framework of legal regulations: Pursuant to the provisions of Land Registry Law No. 2644, the acquisition of immovable property by foreigners in Turkey is subject to certain restrictions. Although the right of acquisition has gained a more liberal framework after the principle of reciprocity was abandoned, equal opportunities do not exist for citizens of every country. In particular, property acquisition in military prohibited zones or strategic areas has been exempted; Cabinet decisions have also guided the implementation in this regard. A correct understanding of this concept is important for investments to be shaped in accordance with the law. So, what are the consequences if a foreign person acquires immovable property unlawfully? According to the provisions, if, as a result of an examination by the administration, it is determined that the acquisition conditions have been violated, the title deed is cancelled, and the property is liquidated. Naturally, the evaluation of title deed transactions by experts is essential to prevent legal irregularities. Foreign investors must have the legal status of the immovable property analyzed in detail beforehand, not just at the time of purchase.

Providing information and consultancy services regarding the marriage of foreigners residing in Turkey within the framework of legal regulations: Pursuant to the provisions of the Turkish Civil Code, it is possible for foreigners to marry in Turkey; however, for the marriage to be valid, the parties must be legally competent according to their respective national laws. Therefore, in the marriage process, not only Turkish legislation but also the laws of the countries of which the parties are citizens must be considered. In this respect, consideration should be given in line with the fundamental principles of private international law, and the necessary documents should be prepared within this framework.

One of the common problems encountered in practice is the uncertainty experienced in proving whether a foreigner is competent to marry. By what procedure is it determined whether a foreigner is competent to marry? This can be proven with documents such as a certificate of celibacy and a birth registration extract obtained from the person's country of citizenship. If these documents cannot be provided, it is also possible to obtain a sworn statement through a notary in Turkey. Naturally, the legal and complete execution of marriage procedures is of great importance for the validity of the marriage.

Initiating and following up on divorce and family law cases for foreigners residing in Turkey until their conclusion: The ability of foreigners to file for divorce in Turkey is subject to the provisions of Law No. 5718 on Private International Law and Procedural Law. In divorce cases, first, which country's law will be applied, and then which court has jurisdiction, are examined. Specifically, for Turkish law to be applicable, either both parties must reside in Turkey or be Turkish citizens. In this respect, the first step is to determine the applicable law and the competent court.

The fundamental question to be asked in this context is: Can Turkish courts rule on a divorce case unilaterally filed by a foreign spouse? Yes, but for this, there must be a domicile in Turkey or a connection of the case with Turkey. According to the provisions, the court, when rendering a divorce decision, makes an equitable decision also considering the national laws of the parties. In such sensitive cases related to family law, the planned and expert-led management of the process directly impacts the outcome.

Initiating necessary lawsuits and following up on the litigation process until its conclusion for the protection of rights reserved to foreigners under private international law and agreements to which the Republic of Turkey is a party: Private international law is a body of rules designed to resolve conflicts arising between the legal systems of different states. In legal problems encountered by foreigners in Turkey, institutions such as the applicable law, competent court, and recognition and enforcement are important according to the provisions of this field. Specifically, for foreign court decisions to be valid in Turkey, recognition or enforcement procedures must be completed. This necessitates a correct understanding of technical and procedural details. For example, if a foreigner wishes to have a divorce decree obtained in another country recognized in Turkey, what procedures are required? Naturally, a recognition lawsuit must be filed in Turkey, and the decision must have become final. Otherwise, the person would still appear as married in Turkish population records. This situation can lead to serious consequences, especially in legal transactions such as marriage and inheritance. Therefore, private international law cases are multi-layered processes that must be considered not only formally but also substantively.