Foreigners and Immigration Law

As a rule, the work permit application is filed by the employer. Criteria such as the workplace's number of employees, capital, and turnover are assessed in the application.

Exemptions or facilitations are provided for certain professions and statuses. For this reason, the applicant's status must be determined before applying.

If the permit is rejected, objection and legal action are available. Because the time limits are short, the date of notification of the rejection decision must be tracked closely.

Citizenship may be acquired by birth or subsequently. Subsequent acquisition includes decision of the competent authority, marriage, and exceptional acquisition of citizenship.

Acquisition by decision of the competent authority requires conditions such as residence for a certain period, knowledge of Turkish, and having the means of subsistence. All of these conditions must be documented.

Acquisition through marriage requires that the marriage has continued for a certain period and that the couple has been living within a united family. The examination is conducted from this perspective.

The acquisition of immovable property by foreign natural persons is subject to reciprocity, surface-area limits, and restrictions relating to military and security zones. This is checked before the application is made.

Acquisition by companies with foreign capital is subject to a separate permit process. A change in the ownership structure requires a fresh review.

In a citizenship application made through property acquisition, conditions concerning a certain value and an undertaking not to sell come into play. The undertaking is recorded on the land registry.

An application may be made to the criminal judgeship of peace against an administrative detention decision issued for the purpose of deportation. The application is based on the claim that the detention is unlawful.

The length of the detention and the grounds for any extension decisions are also reviewed. It can be argued that the conditions for an extension are not met.

Where alternative obligations may be applied, a request can be made for those to be preferred instead. Address reporting and security are considered within this scope.

An entry ban is based on grounds such as deportation or a visa violation. The duration and code of the ban indicate which process resulted in it being imposed.

An application may be made to the administration for the ban to be lifted or its duration shortened. If the application is rejected, an action to set it aside may be filed in the administrative courts.

Documenting valid grounds such as family unity or health affects the outcome of the application. The translation and certification of the documents must be completed.

The grounds for the rejection decision are examined, and it is assessed whether the deficiency can be remedied. In some cases, a new application produces a faster result.

If the grounds are considered unlawful, an action to set aside the decision is filed with the administrative court within the time limit for filing suit. The time limit must be calculated from the date of notification.

It is important to keep copies of the documents submitted with the application. The file's contents serve as evidence against the administration's defence in the case.

Foreign natural and legal persons may file suit in Turkish courts. In some cases, security for costs may be required; reciprocity plays a role in this assessment.

In disputes with a foreign element, determining the applicable law is a separate stage. If a choice of law has been made in the contract, that choice is respected.

Foreign official documents must be submitted with an apostille or consular certification and a sworn translation. Missing documents are the most common cause of delay.

The application is made in person to the governorate, and the registration process is completed. The information given at registration forms the basis for the subsequent interview.

Administrative objection and legal action are available against the decision issued after the interview. Because the time limits are short, the date of notification is important.

Rules on the applicant's access to health and education services, as well as to a work permit, are separately regulated. Changes in status affect these rights.

For the judgment to take legal effect, a recognition decision is required, and for it to be enforced, an enforcement decision is required. For recording a divorce in the civil registry, recognition alone is sufficient.

A certified copy showing that the judgment has become final, together with its apostille and translation, must be submitted to the file. It is required that there be no contradiction with public policy.

For items such as alimony and compensation whose enforcement is sought, an enforcement decision is required. The scope of the request must be clearly stated in the petition.

Under Article 53 of the Act on Foreigners and International Protection No. 6458, the foreign national, or their legal representative or lawyer, may apply to the administrative court against a deportation decision within seven days of its notification.

The same article provides that, subject to the foreign national's consent, the person will not be deported during the period for filing suit, or, if judicial proceedings are initiated, until those proceedings conclude.

The court decides on the application within fifteen days, and that decision is final. Because the time limit is short, the application must be prepared completely from the outset.