Residence, Work Permit, Deportation, Restriction Code Proceedings, and Other Matters of Immigration Law

In immigration law, the same issue does not necessarily entail the same legal remedy for every individual. A foreigner's nationality, passport and visa status, legal right to stay in Turkey, family ties, employment or education status, and any administrative decisions issued against them must be examined comprehensively. Especially in proceedings that directly affect personal liberty and family life, such as deportation and administrative detention, the date of service and the application deadline are decisive.

Atty. Batın Yılmaz, registered with the Istanbul Bar Association under registration number 77008, provides legal services in administrative applications and disputes arising from immigration and nationality law. Based in Beylikdüzü, Batın Yılmaz Law Firm works with foreign nationals residing in Istanbul as well as individuals located outside Turkey who need to conduct legal proceedings in Turkey, depending on the specific circumstances of the case.

What is Immigration Law?

Immigration lawis the branch of law that regulates the entry, stay, employment, education, international protection claims, and removal from the country of individuals who are not citizens of the Republic of Turkey. The acquisition, loss, or rejection of applications for Turkish citizenship is also closely related to this field.

Key regulations include the Law on Foreigners and International Protection No. 6458, the International Workforce Law No. 6735, the Turkish Citizenship Law No. 5901, and the regulations enacted pursuant to these laws. Depending on the subject matter of the dispute, the Administrative Litigation Procedure Law No. 2577, the Law on Private International Law and Procedural Law, the Turkish Civil Code, and other relevant legislation may also apply.

Therefore, immigration law is not merely limited to filling out application forms. It may require safeguarding the individual's current status, examining the grounds for the administrative act, calculating statutory deadlines, determining the correct judicial authority, and presenting evidence appropriately tailored to the specific case.

What Does an Immigration Lawyer Do?

An immigration lawyer, evaluates the legal status of the foreign national not only with respect to the requested transaction but also in conjunction with the potential impacts of this transaction on residence, employment, family life, travel, and citizenship status.

Depending on the nature of the case, the attorney's work may encompass the following stages:

1. Reviewing passports, visas, residence or work permits, and decisions served upon the client,
2. Determining the foreigner's current legal status in Turkey,
3. Calculation of application, objection, and litigation periods,
4. Investigation of the administrative action file and the legal basis of the transaction,
5. Determination of the documents and evidence to be used in the application,
6. Preparation of the administrative application, objection, or annulment lawsuit,
7. Evaluation of provisional legal protection requests such as stay of execution or release,
8. Monitoring of the proceedings before the courts and the administration.

The attorney's duty does not guarantee the realization of a specific outcome. The objective is to determine the legal path that will minimize the risk of loss of rights by comprehensively evaluating the material facts in the file, current legislation, and relevant judicial precedents.

Main Services Within the Scope of Immigration Law

Residence Permit Applications, Rejection, and Revocation Proceedings

A foreigner who wishes to stay in Turkey longer than the period permitted by a visa or visa exemption must, except for statutory exceptions, determine the type of residence permit suitable for their purpose. Short-term, family, student, long-term, humanitarian, and human trafficking victim residence permits are subject to distinct requirements.

A short-term residence permit may be based on various legal grounds such as tourism, property ownership in Turkey, commercial connections, medical treatment, learning Turkish, and graduation. For detailed information regarding application grounds, required documents, periods, extension, and potential rejection possibilities, our short-term residence permit 2026 guide you may review.

Having a complete set of documents in the residence permit file may not be sufficient on its own. The purpose of stay underlying the application, address information, income and insurance status, family ties, and previous overstays or violations may be evaluated collectively. If a rejection or revocation decision has been issued, the grounds for the decision, the date of service, the foreigner's legal status of stay, and the possibility of reapplication must be examined individually.

In order for residence permit holders to maintain their legal stay in Turkey, they must submit their extension application before the expiration of their current permit. For detailed information regarding the application period, required documents, UETS, address registration, and grounds for rejection, our residence permit extension application guide you may review.

If the basis of the foreigner's current residence permit—such as studies, family ties, property ownership, or other grounds for stay—has expired, it may be necessary to apply for a transition to a permit suitable for the new purpose rather than extending the same type of permit. For the application deadline, permit types, and precedent Danıştay decisions, our residence permit transition application guide you may review.

For detailed information, long-term residence permit the guide concerning can be reviewed. In exceptional cases where the foreigner fails to meet the standard residence permit requirements, the conditions and application process for a humanitarian residence permit must be evaluated separately. However, if a residence permit holder wishes to move to another province, Change of city in residence permit its rules must be taken into consideration.

Foreigners who own property in Türkiye may apply for a short-term residence permit if the nature and value of the real estate meet the required conditions. For the current USD 200,000 threshold, the single-property requirement, and application documents, our property residence permit guide you may review.

Work Permit Applications and Work Permit Disputes

As a rule, a foreigner must obtain a work permit or work permit exemption to work in Türkiye. Whether the application is made from within Türkiye or through a Turkish diplomatic mission abroad depends on the foreigner's status. The employer's financial standing, employment figures at the workplace, and the foreigner's position, salary, and professional qualifications are critical during the evaluation process.

For detailed information on the general conditions of work permits, domestic and international application procedures, required documents, permit durations, and appealing rejection decisions, the foreigner work permit guide can be reviewed. Regarding applications to be made as a company partner or business owner, work permit through establishing a company; regarding current employment criteria 2026 work permit employment criteria; and regarding the special annotations on the residence permit work permit annotations must be evaluated separately.

Annulment Action Against Deportation Orders

Deportation Decision, is an individual administrative act aimed at the removal of a foreigner from Turkey. In common parlance, it is also referred to as a "deportation order." The existence of the decision does not mean that the entry ban, restriction code, and administrative detention order are the same act. Each must be examined separately in terms of its legal grounds, competent authority, and application deadline.

In the judicial review of a deportation order, it is crucial to determine whether the act is based on concrete and individualized grounds; whether notification and translation safeguards have been provided; and whether the foreigner's family, health, and private life circumstances, as well as the principle of non-refoulement, have been evaluated. For detailed explanations, annulment of deportation order guide can be consulted.

Objection to Administrative Detention Orders and the Removal Center Process

A foreigner placed under administrative detention pending deportation may be held in a removal center. Administrative detention is a measure restricting personal liberty, independent of the deportation order. An application against the decision may be lodged with the criminal judgeship of peace; regular reviews concerning the continuation of administrative detention are also subject to judicial review.

The objection must address with concrete evidence whether there is a risk of absconding or disappearing, whether the individual has a fixed address, family ties, health status, the necessity of administrative detention, and whether lighter alternative obligations would suffice. It should be borne in mind that even if administrative detention ceases, the deportation order may remain independently in force.

Restriction Codes and Entry Bans to Turkey

Restriction code, refers to the record maintained in the administrative system regarding a foreigner, which may produce legal effects on the individual's entry into Turkey or their transactions within Turkey. The mere presence of a code does not inherently explain the reason, duration, and full legal consequences of the code. It must be separately investigated whether there is an entry ban, deportation order, or another administrative act associated with the code.

In the legal analysis regarding the restriction code, the type of code, imposition date, issuing authority, underlying information and documents, notification status, and the current status of the foreigner are examined. The general framework regarding the subject restriction code and its removal is explained in the guide; whereas procedures related to security evaluations G-87 restriction code are explained in the review.

For a foreigner with an active entry ban, it is important to investigate the legal status before making travel arrangements. The lifting of an entry ban, the removal of a restriction code, and permitting entry for a specific purpose are not the same legal procedure. For detailed information lifting of the entry ban to Turkey guide can be reviewed.

Turkish Citizenship Applications, Rejection, and Revocation Procedures

Turkish citizenship can be acquired through general naturalization, marriage, adoption, re-acquisition, or exceptional circumstances stipulated by law. Making an investment or being married to a Turkish citizen does not mean that citizenship is acquired automatically. Each pathway has its own substantive conditions and administrative review process.

In the event of the rejection of a citizenship application, the grounds presented by the administration, the security investigation, whether the applicant meets the statutory requirements, and whether the discretionary power has been exercised in accordance with the law are examined. The remedies available against a rejection decision Rejection of Turkish citizenship application are explained in the guide. For applications based on marriage rejection of citizenship applications through marriage is evaluated separately.

International Protection and Temporary Protection Procedures

International protection applications are evaluated within the framework of refugee, conditional refugee, and subsidiary protection statuses. Finding an application inadmissible, deeming it withdrawn, rejecting it, or terminating the status yields different legal consequences. The type of the served decision is determinative regarding the competent authority to apply to and the applicable deadlines.

Temporary protection, on the other hand, is a status distinct from international protection. Procedures such as registration, provincial relocation, address updates, employment, and revocation of status must be handled within the scope of their own legislation. In both areas, the risks the individual may face in the country to which they will be sent and the principle of non-refoulement are evaluated based on concrete information and documents.

Corporate, Real Estate, Family, and Inheritance Transactions of Foreigners

Foreigners may establish companies, become partners in companies, and acquire real estate in Türkiye within the framework of legal conditions. However, company partnership does not automatically grant the right to work or reside; nor does the purchase of real estate automatically grant a residence permit or citizenship acquisition in all circumstances.

In real estate transactions, title deed records, encumbrances, payment methods, valuation, sales contracts, and limitations regarding the acquisition of real estate by foreigners must be examined. In corporate transactions, the company type, partnership structure, scope of activity, capital, management, and work permit requirements are evaluated collectively.

Matters such as marriage, divorce, custody, alimony, inheritance of foreigners, and the recognition or enforcement of foreign court judgments in Türkiye also bring private international law rules into effect. The applicable law and the international jurisdiction of Turkish courts are determined according to the specific dispute.

Which Legal Path is Examined According to the Foreigner's Problem?

Note: The pathways in the table indicate the general framework. Multiple administrative actions may exist concerning the same individual. For instance, if a restriction code, entry ban, deportation, and administrative detention decisions are applied together, separate time limits and competent authorities must be checked for each action.

Critical Application and Litigation Deadlines in Immigration Law

In immigration law, the actual legal nature of the proceeding is as important as the name of the served document. Acting upon an incorrect time limit may result in the forfeiture of the right to file a lawsuit.

When calculating time limits, it must be examined whether the decision was duly served, whether translation or notification procedures were performed, and whether there is another decision on the same matter. The above information does not replace the calculation of time limits in the specific case file.

Practice and Court Decisions in Immigration Law

In immigration and nationality law, merely knowing the statutory text is not sufficient. Judicial review emphasizes what information the administration bases its action on, whether this information is specific to the individual, whether the foreign national has access to defense and effective remedies, and the proportionality of the interference with fundamental rights.

Certain decisions arising from cases handled by Batın Yılmaz Law Firm, with personal data redacted, are published to illustrate applied legal principles and share professional knowledge. These decisions do not guarantee the outcome of any specific case; each dispute is evaluated within the context of its own facts and evidence.

Judicial Review of Restriction Code Actions Lacking Concrete Evidence

In a dispute handled by our firm, whether there was individual-specific and sufficiently concrete information supporting the Ç-149 restriction code applied against a foreign national was subjected to judicial review. By the decision of the Ankara 26th Administrative Court dated 02.07.2024, the administrative action was annulled. The significance of this decision demonstrates that the justification of public security alone does not preclude judicial review, and that the administrative action must be correlated with the specific circumstances of the case.

Individual Assessment in Deportation Decisions

In deportation decisions, the mere recitation of a statutory ground in the text may not be sufficient on its own. The administration is required to correlate the grounds with the personal situation of the foreign national and evaluate relevant conditions, including family life, health status, risks in the destination country, and the principle of non-refoulement. Decisions and explanations within this framework are annulment of deportation order discussed in detail on the page.

How is the Process Managed in an Immigration Law Case?

1. Preliminary review: Passports, permit documents, notifications, and existing applications are examined.
2. Status determination: The legal status of the foreign national in Turkey or abroad is determined.
3. Deadline control: Objection and litigation deadlines are calculated based on service details.
4. File and evidence plan: Documents to be requested from the administrative transaction file and personal evidence to be submitted are determined.
5. Selection of the legal remedy: Options including administrative application, new application, objection, or annulment action are compared.
6. Application and follow-up: Petitions are drafted, necessary claims are asserted, and the process is monitored.
7. Execution of the decision: The implementation of a favorable decision before the administration and the status of related records are verified.

If the foreigner is located outside Turkey, how and at which Turkish foreign representation office or in accordance with the procedures of the country of residence the power of attorney shall be issued is additionally determined. Being unable to enter Turkey does not constitute an obstacle to conducting legal proceedings through a lawyer in Turkey under any circumstances.

Is It Mandatory to Retain a Lawyer for Immigration Law Proceedings?

Legal representation by an attorney is not mandatory in many administrative applications and lawsuits. Foreigners may legally act in person. However, incorrect determination of the type of procedure, submission of incomplete documents, confusion between different administrative decisions, or missing short limitation periods may lead to a loss of rights.

Particularly in deportation orders, administrative detention, restriction codes, entry bans, denial of residence or work permits, and citizenship disputes, it is essential that the case file is reviewed as a whole. The scope and necessity of legal assistance should be evaluated based on the complexity of the specific case.

What to Consider When Choosing an Immigration Lawyer

When choosing an attorney, one should look not only at general descriptions, but also at the scope of the service to be provided and how the case file will be reviewed. The following matters are of importance:

• Professional experience regarding immigration law and administrative judiciary practice,
• Proper distinction between the type of action and the statutory deadline,
• Providing clear information regarding the potential outcomes and risks of the case,
• Determining the fee and scope of services through a written agreement,
• Ensuring strict confidentiality of personal data and case file information,
• Establishing effective communication in a language that the foreign national can understand,
• Refraining from making promises involving definitive outcomes or guarantees.

Frequently Asked Questions About Immigration Law

What matters does an immigration lawyer handle?

An immigration attorney may handle residence and work permits, deportation orders, administrative detention, restriction codes, entry bans, international protection, and Turkish citizenship procedures. In corporate, real estate, family, or inheritance matters involving a foreign national, other areas of law may also become relevant to the case.

Are a deportation order and a restriction code the same thing?

No. A deportation order is an administrative action directed at removing a foreign national from Turkey. A restriction code, on the other hand, is a record maintained in the administrative system that can affect entry or status procedures. Both measures may exist simultaneously for an individual; however, their legal remedies must be evaluated separately.

What is the statutory time limit for filing a lawsuit against a deportation order?

Pursuant to Article 53 of Law No. 6458, an administrative lawsuit may be filed against a deportation order within seven days from notification. The notification date and the nature of the document must be verified without delay.

Can a foreigner in a removal center be released?

An appeal against an administrative detention order may be filed with the criminal judgeship of peace. The judgeship reviews the statutory conditions of detention, its necessity, and whether its continuation is proportionate. Release from detention does not mean that the deportation order is automatically annulled.

How is a restriction code removed?

First, the type, date, and legal basis of the code, as well as whether there is an associated entry ban or deportation decision, are determined. Depending on the specific case, it may be necessary to evaluate an administrative application, an annulment lawsuit, or both remedies together.

Can a foreigner whose residence permit was denied reapply?

Depending on the grounds for refusal and the foreigner's current status, a re-application may be possible. However, a new application does not eliminate the consequences of the existing refusal procedure in all cases and does not automatically suspend the litigation period. The refusal decision and the legal residence status must be examined together.

Does establishing a company grant a work permit to a foreigner?

No. Establishing a company or becoming a partner in a company does not grant a foreigner the right to work on its own. The work permit requirements must be evaluated separately in terms of the foreigner actually working in the company or managing the company.

Can a foreigner residing outside of Turkey file a lawsuit in Turkey?

In many cases, a foreigner can conduct litigation and administrative application processes in Turkey through a lawyer by issuing a duly executed power of attorney. The manner in which the power of attorney is issued and used in Turkey may vary depending on the country where the document is prepared.

What are the attorney's fees for immigration law services?

Fees are determined based on the type of application or lawsuit, the scope of the case, the procedures to be performed, and the duration of representation. In pricing, the applicable advocacy legislation and the Turkish Bar Associations Minimum Wage Tariff are taken into consideration.

Legal Support in the Field of Immigration Law

Batın Yılmaz Law Firm provides legal consultancy and litigation tracking services in residence permit, work permit, deportation, administrative detention, restriction code, entry ban to Turkey, international protection, and Turkish citizenship procedures.

In order to make an evaluation, the complete served decision (if any), passport and permit documents, the foreigner's entry-exit records to and from Turkey, and other documents related to the case must be examined. If there is a decision subject to a deadline, the date of service must be clearly stated.

Atty. Batın Yılmaz – Istanbul Bar Association, Bar Reg. No: 77008

Contact: +90 532 669 34 90 – info@batinyilmaz.av.tr

Address: Yakuplu Mahallesi, Hürriyet Bulvarı, Skyport Residence Kat:12 No:133 Beylikdüzü / Istanbul

Legal information: This page has been prepared for general informational purposes. The explanations herein do not constitute a legal opinion regarding a specific person or file. The course of action to be applied may vary depending on the foreigner's nationality, legal status, served procedures, current legislation, and the specific circumstances of the case.