Foreigners Law

Foreigners Law

Providing legal assistance and defending the rights for health tourists & foreign clients including claim for damages in insurance law and malpractice law.

Foreigners Law means the rules that apply to foreigners according to Turkish Law and the rules that come into force when international agreements are included in Turkish Law pursuant to Article 90 of the Constitution. Foreigners Law is based on the general principle of reciprocity, the rule of law to be applied to foreigners in Turkey it varies according to the country of his nationality to foreigners.

Foreigners law is a comprehensive branch of the law including the legal issues for foreigners in the areas of the insurance law, malpractice law, administratve law and other legal fields.

As regards foreigners in Turkey the entry and residence permits 6458 No. Foreigners and International Protection Act on March 28, 2013 and entered into force, entry into Turkey by foreigners and residence permits Ministry of Interior 's connected Migration Administration is coordinated by the General Directorate.

Foreigners can be banned on the grounds in the said law and Turkey may also be allowed to enter the country. There is a way of appeal for both decisions and the form of objection changes according to the reason of rejection or prohibition.

In Turkey, visa or visa exemption from the deadline or you will have more than 90 days are obliged to have a residence permit for foreigners. The residence permit application is generally made to the consulates in the country where the foreigner is a citizen or legally resident. Residence permits that are not started to be used within 6 months will lose their validity. The residence permit types are regulated in the Law no. 6458.

  • Short Term Residence Permit
  • Family Residence Permit
  • Student Residence Permit 
  • Long Term Residence Permit
  • Humanitarian Residence Permit
  • Human Trafficking Victim Residency Permit

Mainly regarding work permits required to operate Foreigners in Turkey and procedures to 4817 is the Foreigners organized in the Law on Work Permits, still are required valid for 60 days from the expiry of the time allowed passports to foreigners work permit applications can be. The work permit replaces the residence permit with the arrangement made, and foreigners who receive work permit are required to obtain a residence permit.

The types of work permits are also determined by Law No. 4817, which are Working Permit in Exceptional Conditions.

Except for an indefinite period work permit exemptions 6458 No. Foreign and International having long-term residence permit in accordance with Protection Act or Turkey without interruption for at least the eight years I have stayed with a residence permit or at least eight years to foreigners who legally work may be granted indefinite work . Regarding the periods in question, the deduction conditions are specified in the Law No 4817.

The foreigners in Turkey will operate independently for at least 5 years of legal and continuous residence by the Ministry if they have not given permission to work independently in Turkey.

With the Law No 4817, some exceptional cases have been counted regarding the work permit of the foreigners and it is stated that in these exceptional cases the work permit can be granted to the foreigners.

In practice, periodical work permits, which are commonly used, are given for a maximum of 1 year in the first application and the number of years may be increased in extension applications.

A work permit Foreign application form, depending on whether the foreigner has a residence permit in Turkey is to show the differences, work permits of foreigners is available with permit for at least 6 months of living in Turkey references to the Labor and Social Security Ministry; term residence permit valid for at least 6 months without the work permit of the Republic of Turkey in foreign countries where they are made to the application in Turkey consulates.

Only Turkish Citizens are able to get certain benefits and rights, so those rights and benefits are not subjected for residences and foreigners yet it is important to get residency permit for works for many aspects of benefits of social security policies.

The number of employees, capital amount etc. of the Ministry of Labor and Social Security regarding the evaluation of the work permit applications. There are evaluation criteria and these criteria vary according to years.

The acquisition of real estate in Turkey, Foreign Land Registry Law numbered 2644 points and is regulated by special laws, it is possible to acquire real estate by foreigners in Turkey within certain limitations. There are some restrictions on the properties of the real estate as well as the location of the real estate. Military forbidden zones, military security zones and real estates in strategic zones are examples of these limitations. Foreign natural persons specified in the law exceptional circumstances, the principle of reciprocity and the Minister may acquire real estate in Turkey, except for the constraints of the Board. In accordance with established rules and regulations of foreign countries which are trading companies with legal personality Tourism Incentives Act such special laws in accordance with the relevant provisions contained in Turkey has the opportunity to acquire real estate.

Obtaining the citizenship is also one of the subjects of the foreigners law. There are couple ways to obtain Turkish citizenship. It is possible to acquire Turkish citizenship through investment whereby the amendment to the Law on September 18, 2018. According to the Law, foreigners who meet at least one of the following criterias are eligible for Turkish citizenship with subject to the decision of the President of the Republic of Turkey:

  • Proven by the Ministry (STB) to have made a minimum fixed capital investment of USD 500,000 or equivalent foreign currency or Turkish lira.
  • Proven by the Ministry (ÇŞB) to have acquired a real estate worth a minimum of USD 250,000 or equivalent foreign currency or Turkish lira with a title deed restriction on its resale for at least 3 years.
  • Proven by the Ministry (AÇSHB) to have provided jobs for at least 50 individuals.
  • Proven by the Agency (BDDK) to have deposited at least USD 500,000 or equivalent foreign currency or Turkish lira in banks operating in Turkey with the condition of not to withdraw for at least 3 years.
  • Proven by the Ministry (HMB) to have bought at least USD 500,000 or equivalent foreign currency or Turkish lira worth of government bonds with the condition that they cannot be sold for at least 3 years.
  • Proven by the Capital Markets Board of Turkey (SPK) to have bought at least USD 500,000 or equivalent foreign currency or Turkish lira worth of real estate investment fund share or venture capital investment fund share with the condition that they cannot be sold for at least 3 years.
  • According to the regulation legislated on the date of 07.12.2018, there is a way to apply the citizenship before buying real estate. It is required to sign an agreement (promise to sell agreement for the real estate) thru notary. 

It should be stated that Turkish Law allows to obtain dual citizenship, the foreigner who is willing to apply the citizenship is supposed to check if the first citizenship allows to have dual citizenship.

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