Foreigners and Citizenship Law in Turkey

April 3, 2022

Foreigners and citizenship law refers to the law that a country or state applies to foreigners and foreign citizens who have arrived in that country. Foreign and citizenship law, which is one of the branches of law, is one of the areas which our law office provides services. In general terms, foreigners and citizenship law, which is maintained based on the reciprocity principle, covers the legal rules applied to foreigners in Turkey. Because the rules of law applied to foreigners and the sanctions applied to Turkish citizens are different from each other. 

In Turkey, foreign nationals enter, and their stay in Turkey from Turkey to foreigners who want protection on outputs with the principles and procedures provided, which determines the scope of protection No. 6458 ‘foreigners and international protection law was enacted in 2013. Within the scope of this law, the entry and all kinds of transactions of foreigners into Turkey are connected to the Ministry of Internal Affairs. Accordingly, the entry, exit and stay in question have been coordinated by the General Directorate of Migration Management. In addition, the principles related to permits for foreigners to work in Turkey are determined by Law No. 4817 ‘On Work Permits for Foreigners’. Within the scope of this law, decisions can be made by considering various retaining conditions for work permits of foreigners.

What is the Scope of Foreigners and Citizenship Law?

A foreigner is a concept used to refer to people who do not have a citizenship relationship with Turkey. In this direction, we can state that the law of foreigners is a branch of law that covers all kinds of legal processes related to these foreigners. A citizenship bond occurs as a legal problem related to the taxpayer and rights of individuals who travel from the country to which they are connected to the other country in that country. In this direction, states can make arrangements about which foreigners they will accept and what rights they will grant to these foreigners as they wish. But it is also possible to express that an international restriction has been imposed on these rights of states. 

The laws on foreigners are constantly renewing themselves in accordance with their needs. Accordingly, the law on foreigners covers all issues that have been applied to foreigners in accordance with Turkish law and that have entered into force in accordance with Article 90 of the constitution in accordance with the agreement. The law on foreigners is generally based on the country of reciprocity. It is possible to list the sources on which the Turkish foreigner’s law is based as follows.

  • Passport law
  • The law on work permits of foreigners
  • The law of fees
  • Settlement law
  • Foreign direct investment law
  • Turkish citizenship law

The Main Issues of the Law of Foreigners

The factor of legal regulations significantly affects the real estate sector. When we examine the history of real estate, illegal structures, prevent the increase of real estate purchases and sales of foreign investors to the country with the primary purpose to prevent withdrawal or in accordance with state regulations, it is observed that the real estate sector performs a continuous incentive application.

Although the main purpose of the legal regulations is to prevent or encourage illegal structuring, it is seen that the legal regulations of the state create an element of trust for domestic and foreign investors and keep the sector dynamic by positively affecting it.

There are several issues on which the law on foreigners and citizenship is based. The most important of the issues under consideration are migration and protection issues for foreigners who are in the phenomenon of migration. We can express the issues of protection for foreigners in the form of refugee, secondary protection, conditional refugee, and temporary protection. In addition, the issues of entry and to the country related to foreigners, border controls, residence permits, visas, compliance, work permits, deportation are also among the main issues of foreigners and citizenship law. Foreigners obtaining a work permit, applying for an extension to a work permit, not being able to obtain a residence permit to live in Turkey, and applying for an extension to a residence permit are restricted and determined by the law of foreigners.

The Importance of Legal Regulations for Foreign Investors

The creation of legal infrastructure for foreign individuals or legal entities to acquire real estate in Turkey and the implementation of new regulations, taking into account the priority of legal security in all necessary cases, has created an expansion in the acquisition of a real estate by foreigners. The legal regulations provide foreigners with smooth and fast solutions in the process of country promotion and real estate acquisition, and from the point of view of the sector, they significantly increase sales made with the advantages they provide to foreign people, especially in real estate sales, etc. it shows the necessity of legal regulations within the sector.

If a foreign investor wants to make a direct or indirect investment in a country, he first examines whether there are different or any rights, restrictions that are granted to citizens of his country by looking at the laws of that country. If a foreigner acts willingly to invest in a country, he can make a decision not to invest in the country or make a lower investment if he conducts a feasibility study of all his research and is faced with a legal limitation or reciprocity basis. In order for a foreigner to learn the rights or limitations granted to citizens of the nationality to which the country to which he wants to purchase first when acquiring real estate, the law-the law, the charter review shows the importance of the laws for foreigners in the acquisition of real estate.

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