Immigration and Citizenship Law
Law on Foreigners and International Protection: Residence, Deportation and International Protection Regime in Turkey
In this article 15 headings
- What is the Purpose of the Law on Foreigners and International Protection?
- Residence Permit, Work Permit, Citizenship and International Protection Are Not the Same Thing
- Visa, Visa Exemption and Duration of Stay in Turkey
- How to Apply for a Residence Permit?
- Short-Term Residence Permit
- Long-Term Residence Permit
- Family Residence Permit, Student Residence Permit and Humanitarian Residence
- Deportation Order and Legal Safeguards
- International Protection and Temporary Protection
- Legal Remedies Against Rejection, Revocation and Non-Extension Decisions
- Actions Based on Public Order and Public Security Grounds
- Documents of Critical Importance in Application and Litigation Processes
- Frequently Asked Questions About the Law on Foreigners and International Protection
- Conclusion
- About Us – Contact Information
As a rule, foreigners who wish to stay in Turkey beyond the period granted by their visa or visa exemption, or beyond the ninety-day period, must obtain a residence permit. The purpose of a foreigner's stay in Turkey determines the type of residence permit, the application authority, the documents to be submitted, and the conditions to be evaluated by the administration. Actions such as the refusal, non-extension, or revocation of a residence permit, as well as deportation orders, constitute administrative acts; these acts must be justified, and the relevant person must be informed of effective legal remedies.
Law No. 6458 on Foreigners and International Protection is the primary statute regulating the entry into, stay in, and exit from Turkey by foreigners, residence permits, international protection applications, temporary protection, and deportation procedures. The Law does not view immigration law merely as the process of obtaining a residence card; rather, it establishes a multi-layered regulatory framework that balances public order, public security, family life, the best interests of the child, working life, international protection, and the right to an effective remedy.
What is the Purpose of the Law on Foreigners and International Protection?
The purpose of the Law on Foreigners and International Protection is to regulate the procedures and principles regarding the entry into, stay in, and exit from Turkey by foreigners, as well as the scope of protection to be provided to foreigners seeking protection. The term "foreigner," which is one of the fundamental concepts of the Law, refers to any person who does not have a bond of citizenship with the Republic of Turkey.
The scope of application of the Law encompasses various legal statuses. These include persons entering Turkey with a visa, residence permit holders, foreigners holding work permits, international protection applicants, refugees, conditional refugees, subsidiary protection beneficiaries, and persons under temporary protection.
Each of these statuses produces distinct legal consequences. Therefore, when evaluating a foreigner's legal status in Turkey, their specific status must first be determined.
Residence Permit, Work Permit, Citizenship and International Protection Are Not the Same Thing
One of the most common errors in practice is confusing residence permits, work permits, citizenship, and protection statuses with one another. However, the conditions, durations, competent authorities, and consequences of these legal mechanisms differ.
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| Legal Status | Primary Function | Main Legal Consequence |
| Visa or visa exemption | Provides the opportunity for short-term entry and stay | Stays limited to the visa duration or visa exemption period |
| Residence permit | Provides the opportunity for a definite or indefinite stay in Turkey | Legal residence within the scope and duration of the permit type |
| Work permit | Allows the foreigner to work in Turkey | Establishment of the employment relationship in compliance with the law |
| Turkish citizenship | Grants Turkish citizenship status | Enjoyment of political and civil rights in the capacity of a citizen |
| International protection | Provides protection to individuals at risk of persecution or serious harm | Refugee, conditional refugee, or subsidiary protection status |
| Temporary protection | Special protection provided in situations of mass influx | Temporary protection, distinct from individual residence permits |
Acquiring real estate, establishing a company, opening a bank account, or engaging in economic activity in Turkey does not automatically grant a residence permit or the right to citizenship under any circumstances. These facts are evaluated based on the type of application and statutory conditions.
Visa, Visa Exemption and Duration of Stay in Turkey
A Visa Does Not Grant the Right to Unlimited Stay in Turkey
Under Article 11 of the Law on Foreigners and International Protection, a visa grants a foreigner the right to enter and stay in Turkey for a specific period. A visa or visa exemption does not grant a foreigner the right to reside in Turkey indefinitely.
Foreigners who wish to stay in Turkey beyond the period provided by their visa or visa exemption, or exceeding ninety days, are, as a rule, obliged to obtain a residence permit. This obligation is Article 19 of Law No. 6458 has been regulated within the scope of.
The citizenship of the foreigner, passport type, presence of a visa exemption, purpose of entry into Turkey, and duration of stay are significant in determining whether a residence permit is required in the specific case.
Persons Exempt from Residence Permit
Article 20 of the Law stipulates that certain foreigners may be exempt from the obligation to obtain a residence permit. Different regulations may apply to individuals with diplomatic status, members of international organizations, or persons present in Turkey under other special legal statuses.
Therefore, it cannot be said that every foreigner is subject to the same residence regime. When evaluating legal status of stay, visas, work permits, international protection, or special exemption circumstances must be examined collectively.
How to Apply for a Residence Permit?
Initial Residence Permit Applications Must, as a Rule, Be Made from Abroad
Initial residence permit applications must, as a rule, be made to the Turkish consulate in the country of which the foreigner is a citizen or legally resides. This fundamental rule is set forth in Article 21 of Law No. 6458.
The application requires a passport or substitute document valid for at least sixty days beyond the requested residence permit duration. Documents demonstrating the purpose of the application, records supporting the reason for stay and accommodation conditions in Turkey, and other required documents are submitted for administrative evaluation.
In the event that information or documents are missing, the review may be postponed until the deficiencies are completed. The law stipulates that applications must be concluded within ninety days at the latest. However, factors such as the type of application, missing documents, security investigations, or the administration's need for additional assessment may affect the processing time in practice.
Circumstances Under Which Residence Permit Applications Can Be Made from Within Turkey
The notion that every residence permit application can be made from Turkey is incorrect. Applications from within the country are only possible under exceptional circumstances specified by the law. Pursuant to Article 22 of Law No. 6458, the applications that can be submitted to the governorates include the following circumstances:
The existence of requests or decisions by judicial or administrative authorities,
It being reasonable or impossible for the foreigner to leave Turkey,
Long-term residence permit application,
Student residence permit application,
Humanitarian Residence Permit application,
Residence permit application for victims of human trafficking,
Transition from family residence permit to short-term residence permit,
Applications to be made on behalf of children born in Turkey,
Transition to a new residence permit suitable for the purpose due to a change in the grounds for residence.
These exceptions apply not because the foreigner's presence in Turkey is sufficient by itself, but due to the existence of special circumstances prescribed by the law.
Residence Permit Extension Application
Foreigners wishing to extend their residence permit must apply before the expiration of their permit. Pursuant to Article 24 of Law No. 6458, extension applications may be submitted starting from sixty days prior to the expiration of the residence permit and, in any case, must be completed before the permit expires.
Foreigners who apply for an extension in a timely manner are issued a fee-exempt application certificate. Thanks to this document, even if the validity of their residence permit card has expired, the foreigner may legally reside in Türkiye until a decision is rendered regarding their application.
This provision is particularly significant in assessing the continuity of residence periods. As a rule, the delayed conclusion of the administrative review, provided the application was made within the legal timeframe, shall not be evaluated as a overstay resulting from the foreigner's own fault.
Short-Term Residence Permit
For What Purposes Is a Short-Term Residence Permit Granted?
A short-term residence permit is a type of residence permit that allows a foreigner to stay in Türkiye for a specific and temporary purpose. Under Article 31 of Law No. 6458, the primary grounds for granting a short-term residence permit include:
Conducting scientific research,
Owning immovable property in Türkiye,
Establishing commercial connections or businesses,
Participating in in-service training programs,
Residing within the scope of student exchange programs,
Staying for tourism purposes,
Undergoing medical treatment,
Participating in a Turkish language course,
Participating in educational, research, or internship activities through public institutions,
Application by individuals who have completed their higher education under certain conditions,
Other special circumstances stipulated by law.
When granting a short-term residence permit, it is essential that the purpose of the application is genuine, documented, and sustainable throughout the duration of the residence permit.
Does Owning Real Estate Guarantee a Residence Permit?
Owning real estate in Turkey is a ground that may be evaluated in a short-term residence permit application. However, the acquisition of real estate does not automatically mean that a residence permit will be granted in every case.
The characteristics of the real estate, the foreigner's relationship to the property, the intended use of the property, and current administrative practices may affect the evaluation. The applicant must support their real estate ownership with a title deed registration, and their purpose of settlement in Turkey with address, insurance, income, and other documents.
Real estate or investment serves as supporting data demonstrating the foreigner's economic and private life ties in Turkey. Conversely, it cannot be accepted that these elements unconditionally create an automatic right of residence on their own.
Rejection or Revocation of Short-Term Residence Permit
Pursuant to Articles 32 and 33 of Law No. 6458, the purpose of the application for a short-term residence permit must be supported by documents, accommodation conditions meeting general health and safety standards must be ensured, and other conditions required by law must be met.
Using the residence permit outside of its intended purpose, the disappearance of the grounds for residence, the loss of application conditions, or the existence of adverse conditions in terms of public order and public security may lead to the refusal, non-extension, or revocation of the permit.
For instance, using a residence permit obtained for tourism purposes for a completely different and undocumented stay purpose than the application grounds may cause issues in administrative evaluation. Therefore, the type of residence permit must be compatible with the foreigner's actual situation.
Long-Term Residence Permit
What is a Long-Term Residence Permit?
Long-term residence permit is an indefinite residence status granted to foreigners who have legally resided in Turkey for a long period. This status does not mean Turkish citizenship and does not grant the foreigner an unlimited and unconditional right of stay.
Pursuant to Article 42 of Law No. 6458, an indefinite residence permit may be issued by governorships with the approval of the Ministry to foreigners who have resided in Turkey uninterruptedly with a residence permit for at least eight years or who meet the conditions determined by the Ministry.
What Are the Requirements for a Long-Term Residence Permit?
Pursuant to Article 43 of Law No. 6458, the following general conditions are required for a long-term residence permit:
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| Condition | Matters of Importance in Evaluation |
| Residing in Turkey with a residence permit for at least eight years without interruption | Residence permits, extension applications, and entry-exit records are examined together |
| Not having received social assistance within the last three years | The nature of the social assistance and the applicant's current economic status are of significance |
| Sufficient and regular income | Income must be lawful, sustainable, and documentable |
| Valid health insurance | SGK registration or valid private health insurance must be submitted |
| Not posing a threat to public order or public safety | Administrative security assessment and the individual's concrete situation are examined |
Completing the eight-year period alone is not sufficient for a long-term residence permit application. The applicant's financial status, health coverage, history of social assistance, and status regarding public order and public safety are also evaluated.
Refugees, conditional refugees, persons with secondary protection status, humanitarian residence permit and persons under temporary protection shall not be granted the right to transition to a long-term residence permit.
Rights and Restrictions of the Long-Term Residence Permit Holder
Foreigners holding a long-term residence permit may benefit from a significant portion of the rights granted to Turkish citizens, provided that their acquired rights in the field of social security are reserved and they remain subject to relevant legislation. However, pursuant to Article 44 of Law No. 6458, a long-term residence permit does not confer the same rights as Turkish citizenship with respect to:
the obligation to perform military service,
the right to vote and be elected,
the right to enter public office,
the right to import vehicles exempt from customs duties,
as set forth above.
Under What Circumstances is a Long-Term Residence Permit Revoked?
Pursuant to Article 45 of Law No. 6458, a long-term residence permit shall be revoked under two main circumstances:
Where the foreigner poses a serious threat to public order or public security,
Where the foreigner resides outside Turkey for a continuous period of more than one year for reasons other than health, education, or compulsory public service in their home country.
While the condition of “not posing a threat to public order or public security” is required at the application stage, it is important that the criterion of a “serious threat” is applied in the revocation of a granted long-term residence permit. This distinction indicates the need for a stricter and more substantiated assessment regarding the revocation procedure.
It is important for foreigners who are obliged to stay abroad for an extended period to retain their medical documents, educational records, assignment letters, official documents concerning mandatory public service, and entry-exit records.
Family Residence Permit, Student Residence Permit and Humanitarian Residence
Why Are Family Ties Important in Residence Procedures?
During the rejection, non-extension, or revocation of a residence permit, the administration is required to take into consideration the foreigner's family ties in Turkey, the duration of residence, conditions in the country of origin, and the best interests of the child. This obligation is explicitly regulated under Article 25 of Law No. 6458.
Having a Turkish citizen spouse, a common child, the children's education in Turkey, care obligations, health status, and the foreigner's settled life in Turkey are factors of significance in the evaluation. However, the mere existence of family ties does not automatically render every rejection or cancellation procedure unlawful.
The essential point is whether the administration and judicial authorities have genuinely evaluated the concrete facts regarding family life. Republic of Turkey Constitution‘s Article 20 guarantees everyone the right to request respect for their private and family life.
Student Residence Permit
The student residence permit is a special type of residence permit of significance for foreign nationals receiving associate, undergraduate, graduate, doctoral, or specialization education at a higher education institution in Turkey’s.
The student must be enrolled in an educational institution, the education must be ongoing in practice, and they must maintain a residence arrangement consistent with accommodation conditions and the purpose of education. In the event that student status terminates, registration is not renewed, or the purpose of the residence permit ceases to exist, an application suitable for the new status may be required.
Humanitarian Residence Permit
A humanitarian residence permit may come into question in exceptional circumstances where the conditions for ordinary residence permit types cannot be met, but it is mandatory or necessary for the foreign national to remain in Turkey. This type of permit is evaluated based on concrete facts such as the best interests of the child, the unreasonableness of deportation proceedings, the impossibility of the foreign national leaving Turkey, or extraordinary circumstances.
The humanitarian residence permit is neither an alternative nor an automatic pathway to general residence permit types. Each application is examined individually within the framework of the conditions stipulated by law.
Deportation Order and Legal Safeguards
What Is a Deportation Decision?
A deportation decision is an administrative action aimed at removing a foreigner from Turkey. Pursuant to Article 53 of Law No. 6458, a deportation decision may be issued by the governorates upon the instruction of the Directorate General or ex officio.
The decision must be served to the foreigner, their legal representative, or attorney, along with its grounds. The notification must include information regarding the outcome of the decision, the method of appeal, and the application deadline.
ConstitutionPursuant to the provision of Article 40 of the ‘n, the state is obligated to indicate the legal remedies and authorities available to the concerned parties, as well as the application deadlines in its proceedings.
Grounds for Deportation
Within the scope of Article 54 of Law No. 6458, the grounds that may constitute the basis for a deportation decision may include the following, depending on the specific circumstances of the case:
Use of forged documents,
Violation of the conditions of residence permit or work permit,
Revocation of the residence permit,
Unauthorized work,
Visa or residence violation,
Pose a threat to public order, public security, or public health,
entering the country despite an entry ban to Turkey,
Other administrative violations and security grounds specified in the law.
Since deportation proceedings may have severe consequences on the legal status of the foreigner, the legal basis, material grounds, and notification process of the proceeding must be carefully examined.
Persons Who Cannot Be Deported
The law provides protective provisions against deportation for certain foreigners. Within the framework of Article 55 of Law No. 6458, a protection assessment is conducted for individuals who face the risk of the death penalty, torture, inhumane or degrading treatment in the country to which they will be sent.
Furthermore, special protection provisions may apply to foreigners whose travel is risky due to serious health problems, age, or pregnancy, as well as those undergoing life-saving medical treatment. This assessment must be conducted individually, taking into account the health, family, country of origin, and security conditions of each foreigner.
Application Period Against Deportation Decision
Deportation decisionsare subject to a special and short period, which differs from the general administrative lawsuit period. Pursuant to Article 53 of Law No. 6458, the foreigner, their legal representative, or attorney may apply to the administrative court within seven days from the notification of the deportation decision.
Within the filing period or until the judicial application is concluded, subject to the foreigner's consent, the deportation procedure shall not be executed. Therefore, it is crucial to examine the notification date and the information indicated on the notification document without delay.
International Protection and Temporary Protection
What is International Protection?
International protection is a protection regime for foreigners who may face persecution, serious harm, or risks regarding the right to life when sent back to their country. In Turkish law, international protection covers the statuses of refugee, conditional refugee, and subsidiary protection.
These protection statuses differ from the regular residence permit system. In an international protection application, the risks in the person's country of origin, personal history, need for protection, and dangers in the event of refoulement are evaluated.
Under Article 80 of Law No. 6458, special administrative appeal and judicial review remedies are provided against certain decisions concerning international protection. Since time limits may vary depending on the type of decision, it should not be assumed that the general sixty-day administrative litigation period applies in every case.
What Is Temporary Protection?
Temporary protection is a protection regime that can be granted to foreigners who have been forced to leave their country, cannot return, and have arrived at or crossed Turkey's borders in a mass influx. The provision of Article 91 of Law No. 6458 constitutes the fundamental legal basis for temporary protection.
Temporary protection is not an individual residence permit. Similarly, a person under temporary protection does not acquire the right to transition to a long-term residence permit based solely on this status. Each status has its own conditions and legal consequences.
Legal Remedies Against Rejection, Revocation and Non-Extension Decisions
General Litigation Period in Residence Permit Proceedings
The rejection of a residence permit application, the failure to extend, or the revocation of a residence permit constitute unilateral administrative acts executed through public authority. Annulment lawsuits to be filed against these acts fall, as a rule, within the jurisdiction of the administrative judiciary.
Pursuant to Article 7 of the Administrative Procedure Law No. 2577, in the absence of a special regulation, the time limit for filing a lawsuit in administrative courts is sixty days starting from the day following the written notification.
The competent court is determined by taking into consideration the location of the authority that executed the act, the type of act, and the content of the service of process. With regard to acts executed by the Provincial Directorate of Migration Management or the governorship, the administrative court at the place where the act was executed may have jurisdiction.
Does an Administrative Application Suspend the Litigation Period?
Pursuant to Article 11 of Law No. 2577, an application may be filed within the litigation period to the superior authority or, in the absence of a superior authority, to the authority that executed the act, requesting the revocation, withdrawal, modification of the act, or the execution of a new act.
This administrative application suspends the ongoing litigation period. If the administration fails to respond within thirty days, the request shall be deemed rejected. Upon rejection or implied rejection, the remaining litigation period starts to run again, taking into account the time elapsed prior to the application date.
Time calculation is one of the most critical issues that may lead to the loss of rights in the administrative judiciary. It should not be overlooked that, particularly in deportation decisions and international protection decisions, shorter and special application periods than the general period may apply.
Request for Stay of Execution
As a rule, filing an administrative lawsuit does not automatically stay the execution of the administrative act subject to the lawsuit. However, pursuant to Article 27 of Law No. 2577, a stay of execution may be ordered if two conditions are met concurrently:
The administrative act being clearly unlawful,
The execution of the act causing damages that are difficult or impossible to compensate.
The revocation of a residence permit, a decision not to extend it, or a deportation order may lead to severe consequences in terms of family unity, children's education, ongoing medical treatment, working life, and private life established in Turkey. However, asserting these facts in an abstract manner is not sufficient. They must be substantiated with marriage records, children's school documents, medical reports, employment contracts, SGK registry records, residence history, and other official documents.
Actions Based on Public Order and Public Security Grounds
The Administration's Discretionary Power Is Not Unlimited
In aliens' law, public order and public security are frequently utilized evaluation criteria in administrative acts. It is accepted that the State has a certain margin of appreciation regarding the entry and stay of foreigners in the country. Nevertheless, this authority does not permit the establishment of acts that are unjustified, abstract, or exempt from judicial review.
Council of State In its decision numbered E. 2017/3116, K. 2022/3433, dated 22.06.2022, the 10th Chamber examined the revocation of a foreign national's work permit on the grounds of national security and public order. In its ruling, it was evaluated that there was no sufficient and concrete information or document supporting the act other than intelligence reports; it was emphasized that the element of cause of the administrative act must be concrete, sufficient, and amenable to judicial review.
Although this decision does not directly concern residence permits, it establishes an important principle regarding security-based administrative acts affecting the legal status of a foreigner: The grounds of public order or public security must be based on sufficient data connected to the individual's specific circumstances.
The Existence of Intelligence Information Does Not Yield the Same Outcome in Every Case
In its decision numbered E. 2020/6679, K. 2024/243, dated 20.02.2024, the 10th Chamber of the Council of State also evaluated the legal basis of security investigations and intelligence-type data, as well as the reviewability of the administrative act. The Council of State stated that an act established on the basis of an unlawful security investigation regime cannot be deemed lawful; on the other hand, it also stated that a judgment of annulment does not mean that the administration must directly issue a new document or permit without conducting any review.
This approach indicates that administrative judicial review does not mean stepping into the shoes of the administration. The court may annul the unlawful act; however, the administration must re-evaluate the matter within the legal framework and in compliance with the reasoning of the decision.
The Boundaries Drawn by Adverse Precedents
There are also decisions resulting against foreigners in public security evaluations. In the decision of the 10th Chamber of the Council of State numbered E. 2020/6944, K. 2022/2760, dated 25.05.2022, the denial of a residence permit extension and the deportation order were examined. The Council of State concluded that, within the framework of the specific circumstances of the case and the security assessments in the file, the absence of a final conviction does not in all cases eliminate the administration's authority to take action with respect to public security.
The limit established by this decision is as follows: The absence of a final conviction or an ongoing criminal proceeding does not automatically render an administrative act based on public safety unlawful. Conversely, the up-to-date nature, connection to the individual, and reliability of the information relied upon by the administration, as well as the impact of the act on family and private life, must also be evaluated specifically within the context of the case.
Documents of Critical Importance in Application and Litigation Processes
In immigration law, the document structure can directly affect the outcome of an application or administrative lawsuit. It is important not only to submit documents, but also to clearly demonstrate which legal condition each document proves.
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| Document | Main Purpose of Proof or Explanation |
| Passport and entry-exit records | Lawful entry, duration of stay, periods spent abroad |
| Current and past residence permits | Residence history, uninterrupted residence, and permit types |
| e-residence application documents | Demonstration that the application was made within the statutory time limit |
| Lease agreement, title deed record, utility bills | Housing conditions and settled life in Turkey |
| Employment contract, SSI (SGK) statement, payroll, tax record | Regular and lawful income |
| Bank account statements | Continuity and explainability of the source of income |
| Health insurance policy or SGK registration | Valid health coverage |
| Marriage and birth records, school documents | Family life and the best interests of the child |
| Criminal record, non-prosecution or acquittal documents | Response to the assessment of public order and public security |
| Decision of rejection, revocation, or deportation and notification document | Grounds for the administrative action, application remedies, and calculation of deadlines |
| Documents regarding medical treatment, education, or official assignment | Legal justification for prolonged stay abroad |
Frequently Asked Questions About the Law on Foreigners and International Protection
Is a Residence Permit Required to Stay in Turkey for More Than 90 Days?
As a rule, yes. Foreigners who wish to stay in Turkey beyond the period granted by a visa or visa exemption, or exceeding the ninety-day period, are required to obtain a residence permit pursuant to Article 19 of Law No. 6458. However, special statuses providing exemptions from residence permits must be evaluated separately.
Can an Initial Residence Permit Application Be Made from Within Turkey?
As a rule, the initial application must be made to the Turkish consulate in the country of which the foreigner is a citizen or where they legally reside. Applications from within Turkey are only possible under exceptional circumstances listed in Article 22 of Law No. 6458.
When Should a Residence Permit Extension Application Be Made?
The extension application may be initiated sixty days prior to the expiration of the residence permit and must, in any event, be completed before the permit expires. A foreigner who applies on time may legally remain in Turkey with their application receipt until a decision is rendered.
Does Purchasing Real Estate in Turkey Automatically Grant a Residence Permit?
No. Real estate ownership is a ground that may be taken into consideration for short-term residence permit applications; however, it does not guarantee the issuance of a residence permit in every case and under all conditions. The purpose of the application, the characteristics of the property, and other statutory requirements must be examined collectively.
Does Establishing a Company or Making an Investment Grant a Residence Permit?
Establishing a company or engaging in commercial activities can be a significant factor in a residence permit application for commercial connections or business setup purposes. Nevertheless, company formation or investment does not, by itself, confer an automatic right of residence.
What Can Be Done if a Residence Permit Is Denied?
The grounds for the denial decision, the date of notification, and the remedies indicated on the decision must be examined. As a general rule, the period to file an annulment action in the administrative court is sixty days from the day following the written notification. However, special time limits may apply depending on the type of administrative act.
Can One Continue to Reside in Turkey if a Residence Permit Is Cancelled?
The nature of the cancellation decision, the content of the notification, the foreigner's other legal statuses, and the legal remedies must be evaluated. Filing a lawsuit does not automatically stay the execution of the administrative act; however, a request for a stay of execution may be pursued if the statutory conditions are met.
What Is the Time Limit to File a Lawsuit Against a Deportation Decision?
Against a deportation decision , an application must be made to the administrative court within seven days from the notification of the decision. This period differs from and is shorter than the general administrative litigation period.
Can a Foreigner with No Pending Criminal Proceedings Be Deported on Grounds of Public Security?
The absence of a final conviction does not automatically preclude a public security assessment in every case. However, the administration's action must not be based on abstract assumptions, but rather on concrete, serious, and individual-specific facts. The administrative act must contain justifications suitable for judicial review.
Does Having a Turkish Citizen Spouse or Child Prevent a Deportation Decision?
Family ties alone do not constitute an automatic bar to every deportation or residence permit proceeding. However, the administration must conduct a concrete assessment regarding family life, the best interests of the child, the duration of the foreigner's residence in Turkey, and the conditions in their country of origin.
Is a Temporary Protection Identification Document a Residence Permit?
No. Temporary protection is a distinct protection regime applied in cases of mass influx. A temporary protection identification document does not confer the same legal status as an ordinary residence permit.
Conclusion
The Law on Foreigners and International Protection regulates not only the residence permits of foreigners in Turkey, but also their entry into the country, visa regime, grounds for stay, administrative processes related to work and family life, international protection applications, temporary protection, and deportation procedures.
In order to accurately determine a foreigner's legal status in Turkey, their current status must first be established. Visa, residence permit, work permit, international protection, temporary protection, and citizenship processes are distinct from one another. For each application, it is of utmost importance to select the permit type appropriate for the foreigner's purpose of stay, to prepare the application documents in line with this purpose, and to carefully monitor the deadlines specified in administrative notifications.
In the event of a rejection, non-extension, cancellation of a residence permit, or a deportation decision, the grounds for the action, notification date, special application period, family ties, the best interests of the child, health status, working life, and established life in Turkey must be evaluated together. In actions justified by public order and public security, although the administration has discretionary power, it is a requirement of the rule of law principle that this power be based on concrete, adequate, and judicially reviewable grounds.
About Us – Contact Information
Atty. Batın YILMAZ
Bar Association Information:
- Istanbul Bar Association No. 1: 77008
- Union of Turkish Bar Associations: 187392
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Yakuplu Mahallesi, Hürriyet Bulvarı Skyport Residence Kat:12 No:133
Beylikdüzü, İstanbul
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This article is for general informational purposes and does not constitute legal advice. Legislation and practice may have changed after the publication date; you may consult us for an evaluation specific to your file.