Immigration and Foreigners Law

The legal status of foreigners living, working or investing in Turkey is determined by administrative procedures subject to strict time limits, from residence and work permits to citizenship applications. Faced with a refusal or deportation decision, it is critical to know which remedy to use and within how many days.

On this page, we summarise the most common issues concerning foreigners under Turkish law, the relevant time limits and the procedure followed. Our office is based in Istanbul (Küçükçekmece) and provides legal consultancy and litigation follow-up in the field of foreigners law.

What work do we handle in this area?

  • Residence permit applications, extensions and transitions between residence permit types
  • Actions against decisions refusing, cancelling or not extending residence permits
  • Work permit, indefinite work permit and Turquoise Card applications; objections to refusal decisions
  • Acquisition of Turkish citizenship through the general route, through marriage and through the exceptional route (including investment)
  • Applications against deportation and administrative detention decisions
  • Removal of entry bans to Turkey and actions against entry ban decisions
  • Recognition and enforcement of foreign court judgments (especially divorce judgments)
  • Acquisition of immovable property in Turkey by foreigners

Residence permits

According to art. 30 of the Law on Foreigners and International Protection No. 6458 (YUKK), there are six types of residence permit:

  1. Short-term residence permit (art. 31): Granted for purposes such as tourism, ownership of immovable property, commercial connection, scientific research or medical treatment. As a rule, it is issued for periods of up to two years at a time.
  2. Family residence permit (art. 34): Granted to the foreign spouse and children of Turkish citizens or foreigners holding a residence permit, for periods not exceeding three years at a time.
  3. Student residence permit (art. 38): Granted to foreigners who will pursue higher education in Turkey.
  4. Long-term residence permit (arts. 42–43): Granted indefinitely to foreigners who have stayed in Turkey continuously for at least eight years with a residence permit and who meet the other conditions (such as not having received social assistance in the last three years, having sufficient income and health insurance).
  5. Humanitarian residence permit
  6. Residence permit for victims of human trafficking

Rules to note:

  • Extension period: An extension application must be made from sixty days before the permit expires and, in any event, before the period expires (art. 24).
  • Interruption: Except for compulsory public service, education and health reasons, stays abroad exceeding a total of six months in one year or a total of one year in the last five years are deemed an interruption of residence. Half of student residence permit periods are counted (art. 28).
  • Work permit: A valid work permit substitutes for a residence permit (art. 27).

Refusal, cancellation or non-extension of a residence permit

A refusal, cancellation or non-extension decision is served with reasons by the governorate (provincial migration directorate). When making the decision, matters such as the foreigner’s family ties, length of residence and the best interests of the child must be taken into account (art. 25).

  • Legal remedy: An annulment action may be brought before the administrative court against the decision. As no special time limit is provided by law, the general sixty-day time limit for bringing an action applies (Law No. 2577 on Administrative Jurisdiction Procedure (İYUK) art. 7).
  • Important risk: If a foreigner whose extension application has been refused does not leave Turkey within ten days, a deportation decision may be issued against them (YUKK art. 54/1-j). For this reason, a course of action should be determined as soon as the refusal decision is served.

Work permit and Turquoise Card

Work permits are regulated by the International Workforce Law No. 6735. Applications are made directly to the Ministry of Labour and Social Security in Turkey, and abroad to Turkey’s embassies or consulates-general (art. 7).

  • Fixed-term work permit: On the initial application, it is granted for up to one year with a specific employer; for the same employer, up to two years on the first extension and up to three years on subsequent extensions (art. 10).
  • Indefinite work permit: Foreigners with a long-term residence permit or at least eight years of lawful work permit may apply; the existence of the conditions does not confer an absolute right (art. 10/3).
  • Turquoise Card: Granted to qualified foreigners, with the first three years being a transition period. An application to remove the transition period record must be made before the period expires (art. 11).
  • Extension: It must be made from sixty days before the permit expires and before expiry; an application submitted after expiry is refused.
  • Objection: An objection may be lodged with the Ministry within thirty days from service of the Ministry’s decision; if the objection is refused, recourse is made to the administrative courts (art. 21).

A deportation decision may be issued against a foreigner found to be working without a work permit (YUKK art. 54/1-ğ).

Acquisition of Turkish citizenship

According to the Turkish Citizenship Law No. 5901, the main routes are as follows:

  • General route (art. 11): Conditions include continuous residence in Turkey for five years counting back from the application date, sufficient Turkish language skills, income or a profession sufficient to support oneself, good morals, and the absence of any obstacle in terms of national security and public order.
  • Through marriage (art. 16): Marrying a Turkish citizen does not by itself result in citizenship. A foreigner who has been married for at least three years and whose marriage continues may apply. It is examined whether the parties live in family unity and whether the applicant has engaged in activities incompatible with the marital union.
  • Exceptional route (art. 12): Citizenship may be granted by Presidential decision. This includes those who have obtained a short-term residence permit for investment purposes, Turquoise Card holders, and their spouses and children.

Citizenship by investment: The types of investment listed in art. 20 of the Regulation on the Implementation of the Turkish Citizenship Law are as follows:

  • acquisition of immovable property (with an annotation at the Land Registry (Tapu) that it will not be sold for three years)
  • fixed capital investment
  • job creation
  • bank deposit
  • government debt instruments
  • investment fund participation shares
  • private pension system

As the amount and holding requirements may change by Presidential decisions, they should also be checked against the current legislation before the application. Meeting the conditions does not make the grant of citizenship mandatory; the administration has discretionary power.

Deportation decision and administrative detention

A deportation decision is taken by the governorate and served with its reasons (YUKK art. 53). Grounds such as overstaying the visa or residence period by more than ten days, public order assessment and unauthorised work are listed in art. 54.

  • Objection period: An application may be made to the administrative court within seven days from service of the decision (art. 53/3).
  • Decision period: The court decides within fifteen days from completion of the file; the decision is final.
  • Execution: Without the foreigner’s consent, deportation is not carried out within the period for bringing an action and until the case is concluded.
  • Those who cannot be deported (art. 55): Those who face a risk of torture or inhuman treatment in the country to which they will be sent, those for whom travel is risky due to serious health problems, age or pregnancy, and certain victim groups.

Administrative detention (art. 57): In cases such as a risk of absconding, the foreigner may be taken to a removal centre. Applications against these decisions are made to the Criminal Judgeship of Peace; the judge decides within five days. The detention period cannot exceed six months and, in certain cases, may be extended by a further maximum of six months.

Entry ban to Turkey

The Presidency of Migration Management may impose an entry ban on grounds of public order, public security or public health; an entry ban is also imposed on those who are deported (YUKK art. 9).

  • As a rule, the ban is for a maximum of five years; in the event of a serious threat, it may be increased by up to a further ten years.
  • The administration may lift the entry ban or, without prejudice to the ban, allow entry for a specified period.
  • An action may be brought before the administrative court against the entry ban decision. In cases where the decision has not been served, when the time limit starts must be assessed according to the specific circumstances.

Recognition and enforcement of foreign court judgments

For a judgment given abroad to produce effects in Turkey, it must be recognised (effect of res judicata) or enforced (capable of execution) (Act No. 5718 on Private International and Procedural Law (MÖHUK) arts. 50–59).

  • Competent court with jurisdiction: The Civil Court of First Instance; the court of the other party’s domicile or place of residence in Turkey, or if none, the courts of Ankara, Istanbul or Izmir.
  • Conditions: The judgment must be final, must not be manifestly contrary to public order, and the right of defence must have been observed. Enforcement additionally requires reciprocity; recognition does not.
  • Administrative route for divorce judgments: Final divorce judgments given by foreign judicial or administrative authorities may be registered in the civil registry without bringing an action if the parties apply jointly (if one party has died or is a foreign national, the Turkish citizen party may apply alone) (Civil Registration Services Law No. 5490 art. 27/A). If registration by this route is refused, an action for recognition is brought before the court.

Acquisition of immovable property by foreigners

Acquisition of immovable property by foreigners is subject to the limitations in art. 35 of the Land Registry Law; military prohibited zones and surface area limits must be taken into account. For details: Real Estate Law

How does the process work?

  1. Initial meeting: Your passport, residence history, entry-exit records and the decisions you hold are examined.
  2. Determination of time limits: The date of service is identified; it is clarified which of the seven, thirty or sixty-day time limits is running.
  3. Course of action: The options of a new application, administrative objection or legal action are assessed.
  4. Application or legal action: If necessary, an action is brought with a request for a stay of execution.
  5. Follow-up: After the decision, residence, work or civil registry procedures are completed.

Documents to be prepared

  • Passport and, if any, previous residence and work permit cards
  • The served decision and proof of service
  • Tenancy agreement, title deed or address registration document
  • Health insurance, income and employment contract documents
  • Marriage and birth records (for family residence and citizenship through marriage)
  • For foreign judgments: certified copy of the judgment, finality annotation, apostille or consular approval, and sworn translation

Common mistakes and risks of missing time limits

  • Missing the seven-day time limit to challenge a deportation decision
  • Submitting an extension application after the period has expired
  • Not leaving within ten days after refusal of a residence permit extension
  • An interruption of residence caused by long stays abroad, resulting in citizenship periods being reset
  • Working with only a residence permit and without a work permit
  • Failing to register a foreign divorce in Turkey; the person continues to appear as married in the civil registry

Frequently asked questions

What should be done if a residence permit is refused?
An action may be brought before the administrative court within sixty days from service of the refusal decision. If an extension application has been refused, failure to leave within ten days creates a deportation risk; for this reason, the matter should be assessed as soon as the decision is served.

How many days is the objection period for a deportation decision?
It is seven days from service. The application is made to the administrative court; the court gives a final decision within fifteen days. During this period and while the case is pending, the foreigner is not deported without their consent.

How can an entry ban be discovered, and can it be lifted?
An entry ban is often discovered at the border crossing, during a visa or residence application, or through a written application to the Migration Management. The administration may lift the ban or grant temporary entry permission; if the ban is unlawful, an action may be brought.

What are the requirements for citizenship by investment?
One of the investments listed in the Regulation (such as immovable property, deposit, fixed capital, employment or fund shares) must be made in the specified amount, and in most cases held for three years. As the amounts may change, the current legislation should be checked before the application.

When can a foreigner married to a Turkish citizen apply for citizenship?
After a marriage of at least three years that is still ongoing. Whether the parties are living in family unity is also examined.

How is a foreign divorce judgment recognised in Turkey?
If the parties apply jointly, administrative registration is possible through the civil registry office or consulate. Otherwise, an action for recognition is brought before the Civil Court of First Instance.

Related articles

  • How Can an Entry Ban to Turkey Be Lifted?
  • Consequences of Working Without a Work Permit
  • Acquisition of Turkish Citizenship
  • The Principle of Good Faith and Practical Issues in Citizenship Through Marriage
  • Surname and Civil Registry Procedures After Recognition of a Divorce Judgment
  • Validity and Registration in Turkey of Marriages Performed Abroad
  • Acquisition of Property in Turkey by Foreigners
  • Real Estate Law · Divorce and Family Law

Contact

You can reach us via our contact page to discuss residence, work permit, citizenship or deportation procedures.

  • Istanbul: Kartaltepe Mah. Süvari Cad. Torkam E5 Residence A Blok D:21, Sefaköy, Küçükçekmece. Tel: +90 212 579 79 85.

This page is for general information purposes only and does not replace legal advice for your specific case. Legislation and case law may change; before taking any action, please assess the current position with a lawyer.

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