CİTİZENSHİP LAWYER İN TURKEY
Applying for, following and concluding procedures for obtaining citizenship, residence permit and work permit is under law of citizenship, law number of 5901 publicated on 12.06.2009. According to the law of citizenship in Turkey, As a foreigner you can handle this process yourself but you may fall in some difficulties through this process. Because there are fair amount of paperwork to be prepared during citizenship process in Turkey. Gunes Law provides reliable legal consultancy services for Turkish citizenship process. İn this context, Gunes Law is ready to help you with years of knowledge and experience in Turkish citizenship, short – long term residence permits and work permits applications processes.
- CİTİZENSHİP PROCESS
The information provided in this article is intended to give a general overview on how to acquire Turkish citizenship. The principles and procedures relating to the acquisition and loss of Turkish citizenship are regulated under Law on Turkish Citizenship, numbered 5901.
Turkish legislation establishes two types of citizenship; by birth or after birth;
Citizenship Acquired by Birth
Article 6 – Turkish citizenship by birth shall be automatically acquired on the basis of descent or place of birth. Citizenship acquired by birth shall be effective from the moment of birth.
Citizenship Acquired After Birth
Article 9 – Turkish citizenship shall be acquired after birth either by a decision of the competent authority or by adoption or by using the right to choice.
The Acquisition of Turkish Citizenship by Decision of the Competent Authority
Article 10 – (1) An alien who wishes to acquire Turkish citizenship can acquire Turkish citizenship by a decision of the competent authority provided he/she fulfils the conditions laid down in this Law. However fulfilment of the stipulated conditions does not grant that person an absolute right in the acquisition of citizenship.
Conditions for Application
Article 11 – (1) An alien who wishes to acquire Turkish citizenship shall;
a) be in the age of majority and have the capacity to act either according to his/her own national law or, if he/she is stateless, according to Turkish law,
b) have been resident in Turkey without interruption for five years preceding the date of his/her application,
c) verify his/her determination to settle down in Turkey with his/her manners,
d) have no disease constituting an obstacle in respect of public health,
e) be of good moral character,
f) be able to speak a sufficient level of Turkish,
g) have income or profession to provide for maintenance for himself/herself and his/her dependants in Turkey,
i) have no quality constituting an obstacle in respect of national security and public order. Aliens who wish to acquire Turkish citizenship may be required, in addition to the conditions aforementioned, to relinquish previous citizenship. The Council of Ministers shall be competent to determine the principles regarding the exercise of this discretion.
- WORK PERMİT PROCESS
Turkish work permits substitute residence permits according to Article 27 of Turkish Law on Foreigners and International Protection.
The previous Law 4817 on Work Permit in Turkey for Foreigners has been abolished and the new International Labor Law 6735 (UIK) has entered into force on the date of publication in the Official Gazette No. 29800 dated 13 August 2016. The replacement law in effect, brings important changes to the work permit policy and system quality, while offering faster foreigner work permit application process in the government online system.
The new law main legislation regulates the non-Turkish citizens entry into Turkish labor market.
In the below mentioned situations, all foreign persons have a right to apply for different types of work permits:
– The foreign person who will start working for a legal entity in Turkey (eg.company) or for a public institution may obtain for a Turkish work permit for maximum a period of -1-year. This period may later be extended afterwards via applications for renewal.
– The foreign person who is a shareholder and at the same time a manager at a Turkish limited company, and/or a board member of a joint stock company in Turkey as well as an active partner of partnership limited by shares has a right to apply.
– The foreign person already having a long-term Turkish residence permit or a work permit earlier obtained for period of 8 years may also apply for an indefinite work permit. In other words, they will benefit from the same rights with Turkish citizens after the transition period, excluding the rights to vote, to stand for election and to enter into public service, with no obligation of compulsory military service.
– The foreigners having Turquoise Card may apply for indefinite work permit.
As Gunes Law we can provide legla service for your specific situation accordingly on the Turkish working permit application and follow up the whole process on behalf of you in Turkey.
- RESİDENCE PERMİT PROCESS
A-Short Term Residence Permit
Short term residence permit shall be regulated by Articles 31-33 of the Law on Foreigners and International Protection No. 6458.
Additionally, short term residence permit shall be regulated by Articles 28 and 29 of the Regulation for Implementation of the Law on Foreigners and International Protection.
Who May Apply To Short-Term Residence Permit?
1-Foreigners who will arrive to conduct scientific research;
Foreigners applying for a residence permit for this purpose are required to obtain a license from relevant institutions and organizations (The Ministry of Culture and Tourism, Ministry of Energy, universities etc.) if the scientific research is subject to permission. If it is not subject to a permission, it is required to present a statement concerning to the research subject.
2-Foreigners who will own immovable property in Turkey;
If foreigners who own immovable property demand residence permit, the immovable property must be house and used for this purpose. Moreover, immovable property used as house in shared or cooperated property covering family members gives residence permit application right also to the family members.
3-Foreigners who will establish business or commercial connections;
If the foreigners demand residence permit more than three months for this purpose, invitation letter or similar documents will be requested from the persons or companies to be contacted.
4-Foreigners who will participate in on-the-job training programmes;
The residence permit which is granted on this purpose will be issued covering the duration of training based on the documents showing the content, duration and place of training provided by the state institutions and organizations.
5-Foreigners who will arrive to attend educational or similar programmes as part of student exchange programmes or agreements to which the Republic of Turkey is a party;
The foreigners who will request residence permit on this purpose of staying are required to obtain documents from the relevant institutions.
Residence permit duration cannot be longer than the educational and similar purposes.
Students in the scope of exchange programs (Erasmus, Mevlana, Farabi vb.) will not be required to submit an additional health insurance as long as they are registered to the Social Security Institution (SGK), general health insurance within three months from the date of enrollment. However, they are required to take out a private health policy unless they are registered to the Social Security Institution (SGK) and fail to take advantage of being covered by the Social Security Institution (SGK) general health insurance.
6-Foreigners who wish to stay for tourism purposes;
The statement on matters concerning travel plans (where, when and how long to stay, etc.) of the foreigners who wish to stay for tourism purpose will be taken into consideration. The documents and information may be required to submit if it is necessary.
7-Foreigners who intend to receive medical treatment, provided that they do not have a disease posing a public health threat;
Foreigners coming in order to receive treatment must be admitted to public or private hospitals. Valid health insurance condition is not required for foreigners who certify that treatment expenses are paid.
Residence permit will be issued pursuant to duration of treatment.
Foreigners whose expenses of accommodation, subsistence and health are covered by public institutions and agencies during treatment, will not be required to submit determination of financial possibility and health insurance.
Documents and information regarding treatment might be required from related public institutions and agencies if it is necessary.
The residence permit procedures of care takers of the foreigners under the scope of existing “Health Cooperation Agreements” (unless there is an additional general provision regarding care takers) are carried out based on general provisions.
Furthermore, valid health insurance is not required for residence permit applications of care takers of the foreigners not exceeding two persons, according to the additional Article 14 of Health Services Fundamental Law No 3359.
8-Foreigners who are required to stay in Turkey pursuant to a request or a decision of judicial or administrative authorities;
The duration of the residence permit for this purpose is issued by taking into consideration duration stated on the decision and demand.
9-Foreigners who transfer from a family residence permit;
10-Foreigners who will attend a Turkish language course;
Residence permit can be issued maximum twice for this purpose to the foreigners who enroll to institution authorized to provide language course (must have permission by Ministry of National Education) in Turkish.
If the period of the course is less than a year residence permit duration cannot be longer than the period of the course.
The institution providing the course is responsible with reporting the commencement and attendance of the foreigners registered to the Turkish course to the Provincial Directorate.
11-Foreigners who will attend an education programme, research, internship or, a course by way of a public agency;
The residence permit duration cannot be longer than a year for this purpose. The valid health insurance and determination of financial possibility are not required from the foreigners whose expenses of accommodation, subsistence and health are covered by public institutions. Documents and information might be required from the relevant institutions.
12-Foreigners who will apply within six months upon graduation from a higher education programme in Turkey;
If the foreigners apply within six months upon graduation for this purpose, the residence permit is issued only once. It can be issued maximum for one year
13-Foreigners who do not work in Turkey but will make an investment within the scope and amount that shall be determined by the Council of Ministers, and their foreign spouses, his and her foreign minor children or foreign dependent children;
The residence permit based on this purpose is issued five years at most.
The purpose of the changes which International Labour Law numbered 6735 generated in the Law numbered 6458 is to promote the foreigners who will contribute to the national economy and to provide convenience to them on residence permit processes.
14-Citizens of Turkish Republic of Northern Cyprus;
The residence permit based on this purpose is issued for five-year period at most.
For How Long Can The Short Residence Permit Be Issued?
Short-term residence permit is issued maximum for a two-year period each time except the foreigners mentioned in 13th and 14th items above.
What Are The Conditions For Short-Term Residence Permit?
The foreigner are required to fulfill the conditions stipulated in Article 32 of the Law No. 6458 to have short-term residence permit.
– To submit supporting information and documents regarding the reason of stay in Turkey,
– Not to fall within the scope of Article 7 of the relevant law,
– To live in accommodation conditions that conform to general health and safety standards,
– Upon request, to present criminal record certificate issued by the competent authorities in their country of citizenship or legal residence,
– To submit information on their address of stay in Turkey.
What Are The Reasons Of Refusal, Non-Renewal Or Cancelation Of Short-Term Residence Permit?
Under the following cases a short-term residence permit shall not be granted, shall be cancelled if has been issued, and shall not be renewed when:
– one or more of the conditions provided for short-term residence permit are not met or no longer apply,
– it is established that the residence permit is used outside the purposes of those it is issued for,
– there is a current removal decision or an entry ban to Turkey in respect to the foreigner,
– upon violation regarding the period which is lived outside of Turkey.
B-Long Term Residence Permit
Long term residence permit shall be regulated by Articles 42-45 of the Law on Foreigners and International Protection. Besides, long term residence permit shall be regulated by Articles 40-43 of the Regulation for Implementation of the Law on Foreigners and International Protection.
Who May Apply To Long Term Residence Permit?
– A long term residence permit shall be issued by the governorates, upon approval of the Ministry, to the foreigners that have continuously resided in Turkey for at least eight years on a permit or to foreigners that meet the conditions set out by the Ministry.
– Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under temporary protection and humanitarian residence permit holders are not entitled to the right of transfer to a long-term residence permit.
For How Long May The Long Term Residence Permit Be Issued?
Long term residence permit shall be issued indefinitely.
What Are The Conditions For Long Term Residence Permit?
In order long term residence permit’s to be issued, foreigner is required to fulfil the required conditions stated in Article 43 of the Law.
– Having continuous residence in Turkey for at least eight years (In calculation of continuous eight years, half of the duration of student resident permits, as stated in Law Article 38, and the full duration of all other types of residence permits shall be taken into account.);
– Not having received social assistance in the past three years;
– Having sufficient and stable income to maintain themselves or, if any, support their family;
– To be covered with a valid medical insurance;
– Not to be posing a public order or public security threat (except the foreigners who are approved by the Migration Policies Board)
Rights Granted by Long Term Residence Permit
Foreigners holding a long-term residence permit may benefit from the same rights as accorded to Turkish citizens with the exception of the provisions of special laws, and of compulsory military service, the right to vote and to be elected, entering public services, and exemption from customs duties when importing vehicles.
What Are The Reasons Of Refusal, Cancelation Or Non-Renewal Of Long Term Residence Permits?
A long-term residence permit shall be cancelled when the foreigner:
– poses a serious public security or public order threat,
– stays out of Turkey continuously for more than one year for reasons other than health, education and compulsory public service in his/her country.
Cancellation of long term residence permit shall be made by governorates.
Re-applications of foreigners whose long-term residence permit have been cancelled
Re-applications for cancelled long term residence permits shall be lodged with the consulates abroad, governorates or General
Directorate in line with the application procedure.
In re-applications, the condition of continuous residence in Turkey for eight years on a residence permit shall not be required.
Those whose long-term residence permits have been cancelled for being outside of Turkey continuously for more than a year for a reason other than health, education, assignment and compulsory public service in their own countries can make a re-application.
- CİTİZENSHİP PROCESS BY İNVESTMENT PROCESS
Any foreigner who meets the following requirements may apply for citizenship instead of residency. They include;
- A fixed capital investment of 500.000 USD
- Purchasing property in Turkey worth 250.000 USD and keeping it for three years.
- Create employment for a minimum of fifty (50) employees.
- Anyone who has deposited 500.000 USD in Turkish banks or bought the equivalent amount of government bonds. Terms and conditions say these requirements must stay in place for three years.
Please do not hesitate contact with us.