Foreigners Law means the whole of the rules applied to foreigners according to Turkish Law and the rules that come into force when international agreements are included in Turkish Law in accordance with Article 90 of the Constitution. Foreigners Law is generally based on the principle of reciprocity, and the legal rules to be applied to foreigners in Turkey differ according to the country of citizenship of the foreigner.
The Foreigners and International Protection Law No. 6458 regarding the entry of foreigners into Turkey and residence permits came into force on March 28, 2013, and the entry and residence permits of foreigners in Turkey are coordinated by the General Directorate of Migration Management under the Ministry of Interior.
Foreigners may be prohibited from entering Turkey for the reasons listed in the aforementioned law, or they may not be allowed to enter Turkey. There is a way of appeal regarding both decisions, and the form of objection changes according to the reason for rejection or ban.
Foreigners who will stay in Turkey for more than 90 days or the period granted by the visa or visa exemption are required to have a residence permit. The residence permit application is generally made to the consulates in the country where the foreigner is a citizen or legally located. Residence permits that are not used within 6 months lose their validity. Types of residence permits are regulated in the Law No. 6458, these permit types;
a) Short Term Residence Permit
b) Family Residence Permit)Student Residence Permit d)Long Term Residence Permit
c) Humanitarian Residence Permit
d) Victim of Human Trafficking Residence Permit.
The principles and procedures regarding the work permits required for foreigners to work in Turkey are regulated in the Law No. 4817 on Work Permits for Foreigners, and a passport valid for 60 days from the end of the permit period is required for foreigners to apply for a work permit. The work permit also replaces the residence permit with the regulation made, and foreigners who obtain a work permit also need to obtain a residence permit.
The types of work permits have also been determined with the Law No. 4817 and these are Temporary Work Permit, Indefinite Work Permit, Independent Work Permit and Exceptional Work Permit.
With the exception of indefinite work permit exceptions, indefinite work permit can be given to foreigners who have a long-term residence permit in accordance with the Law on Foreigners and International Protection No. 6458, or those who have stayed in Turkey for at least eight years without interruption or who have worked legally for at least eight years. . Regarding the said periods, the cut-off situations are specified in the Law No. 4817.
Foreigners who will work independently in Turkey may be granted an independent work permit by the Ministry, provided that they have resided in Turkey legally and uninterruptedly for at least 5 years.
With the Law No. 4817, some exceptional cases have been counted regarding the work permit of foreigners, and it has been stated that work permits can be granted to foreigners in such exceptional cases.
The term work permit, which is widely used in practice, is granted for a maximum of 1 year at the first application, and the number of years may increase in the application for extension.
The way of applying for a work permit of foreigners differs according to whether the foreigner has a residence permit in Turkey, and the work permit applications of foreigners who have a valid residence permit in Turkey for at least 6 months are submitted to the Ministry of Labor and Social Security; Work permit applications for foreigners who do not have a valid residence permit for at least 6 months in Turkey are made to the Consulates of the Republic of Turkey in the countries where they reside.
Lawyer, Notary Public, Pharmacy etc. that only Turkish Citizens can do. professions are considered as prohibited professions, and work permit applications for these professions are not accepted.
Regarding the evaluation of work permit applications, the number of employees, capital amount, etc. of the Ministry of Labor and Social Security. There are evaluation criteria, and these criteria vary from year to year.
The issue of foreigners to acquire real estate in Turkey is regulated by the Land Registry Law No. 2644 and special laws, and it is possible for foreigners to acquire real estate in Turkey within certain limitations. There are limitations on the qualities of the real estate as well as some restrictions on the location of the real estate. Military forbidden zones, military security zones and real estates located in strategic areas are examples of these restrictions. Foreign real persons can acquire real estate in Turkey, with the exception of the exceptional cases specified in the law, the principle of reciprocity and the limitations imposed by the Council of Ministers. Commercial companies with legal personality established in accordance with the rules and laws of foreign countries have the opportunity to acquire real estate in Turkey in accordance with the relevant provisions in special laws such as the Tourism Incentive Law.