Practice Areas
Immigration and Citizenship Law
Immigration law is predominantly an administrative process: requests are first made to the authorities, and litigation arises only after an administrative act has been issued and served. Our firm handles both the application stage and the litigation stage in residence permit, citizenship and deportation matters.
Below you will find the ways in which Turkish citizenship can be acquired, the types of residence permit, the authorities to which applications are made, and answers to frequently asked questions.
How can Turkish citizenship be acquired?
- By the ordinary route (by application). The requirements are to have resided in Turkey without interruption for five years immediately preceding the date of application, to be able to speak sufficient Turkish, to have an income or profession sufficient to support oneself, to have no impediment in terms of general health and public morals, and to pose no risk in terms of national security and public order. The application is made to the provincial directorate of civil registry and citizenship.
- By the exceptional route. In the cases listed in the law, citizenship may be granted by decision of the President. The types and amounts of investment required for acquisition through investment are laid down by regulation; since these amounts change from time to time, the current rules must be checked before applying.
- Through marriage. The requirements are to have been married to a Turkish citizen for at least three years, for the marriage to be continuing, to live together as a family and not to engage in any activity incompatible with the marital union.
- By birth and descent. A child whose mother or father is a Turkish citizen acquires citizenship by birth. Acquisition through adoption and through the exercise of the right of option is regulated separately.
- Reacquisition. Applications for reacquisition by persons who obtained permission to renounce citizenship or who were deprived of citizenship are subject to a separate procedure.
How are residence permits obtained?
- Application. Applications are made via the e-İkamet system, an appointment is made and the documents are submitted to the provincial directorate of migration management.
- Short-term residence permit (ikamet izni). It is based on grounds such as ownership of immovable property, commercial connections, medical treatment, tourism and similar reasons; as a rule, it is granted for periods of no more than two years at a time.
- Family residence permit. It is issued for the spouse and children of a Turkish citizen or of a foreigner holding a residence permit; it is granted for periods not exceeding three years at a time.
- Long-term residence permit. It is granted for an indefinite period to foreigners who have stayed in Turkey on a residence permit for at least eight years without interruption.
- Student and other permits. The student residence permit, the humanitarian residence permit and the residence permit for victims of human trafficking are subject to separate conditions.
- Refusal, cancellation and non-extension. These decisions are served on the foreigner, and the route to the administrative courts opens from the date of service.
How can you object to a deportation order?
A deportation order (sınır dışı etme kararı) is the measure subject to the shortest and strictest time limits in immigration law. The decision is served on the foreigner or their lawyer together with its reasons.
- Seven-day time limit. The foreigner may apply to the administrative court within seven days of service of the decision (art. 53 of Law No. 6458 on Foreigners and International Protection (YUKK)).
- Expedited decision. The administrative court decides on the application within fifteen days, and its decision is final.
- Suspensive effect. Except for certain exceptions listed in the law, the foreigner is not deported during the time limit for bringing an action or while the proceedings are pending.
- Persons who may not be deported. No deportation order is issued against persons for whom there are serious indications that they would be subjected to the death penalty, torture or inhuman treatment in their country, or who are unable to travel because of a serious health problem, age or pregnancy (YUKK art. 55).
For the calculation of the time limit and the content of the petition, see our article Objecting to a deportation order: the seven-day time limit (in Turkish).
What remedy is available against an administrative detention order?
A foreigner against whom a deportation order has been issued may be placed in administrative detention (idari gözetim) at a removal centre (geri gönderme merkezi) in the cases listed in the law, such as a risk of absconding or disappearing (YUKK art. 57).
- Duration. Administrative detention may not exceed six months; if the deportation procedures cannot be completed because the foreigner fails to cooperate or to provide correct information and documents, it may be extended by a maximum of six further months.
- Authority hearing the objection. The foreigner or their lawyer may apply to the criminal judgeship of peace against the administrative detention order. The application does not suspend the detention.
- Time for decision. The criminal judge of peace concludes the review within five days, and the decision is final.
- Renewed application. A new application may be made to the criminal judgeship of peace on the ground that the conditions for detention have ceased to exist or have changed.
For details of the practice, see our article Objecting to administrative detention: release from a removal centre (in Turkish).
Can an entry ban to Turkey and restriction codes be lifted?
An entry ban (giriş yasağı) on entering Turkey may be imposed on foreigners who have been deported or who have committed visa or residence violations, and this ban is tracked in the system by means of various restriction codes (tahdit kodu).
- Duration. As a rule, the duration of the entry ban may not exceed five years; where there is a serious threat to public order or public security, this period may be extended (YUKK art. 9).
- Request for lifting. The Presidency of Migration Management may lift the entry ban or allow the foreigner to enter the country for a specific period. The grounds for the request must be based on concrete documents relating to matters such as family ties, health, commercial activity or the unlawfulness of the ban.
- Legal action. The rejection of the application, or the entry ban itself, may be challenged before the administrative court within sixty days of the date of service.
For the meaning of restriction codes and the ways of having them lifted, see our article How is a restriction code lifted? G-87, Ç-113 and V-71 (in Turkish). A short guide in English is also available: Turkey Entry Ban Codes Guide.
Work permits and acquisition of immovable property by foreigners
- Work permit. As a rule, foreigners may work in Turkey only if they obtain a work permit; applications are made electronically by the employer to the Ministry of Labour and Social Security. The Turquoise Card (Turkuaz Kart) is regulated separately for qualified labour.
- Acquisition of immovable property. Foreigners may acquire immovable property in Turkey within the framework of reciprocity and statutory restrictions. Whether a property lies within a military forbidden zone or security zone, and the area limits, are checked with the land registry office and the relevant authorities before purchase.
- Citizenship through investment. In an application for citizenship through the purchase of immovable property, an annotation must be entered in the land register stating that the property will not be sold for a certain period, and a valuation report is required; the current amount and conditions should be checked again before applying.
What work do we carry out?
- Preparing and following up applications for Turkish citizenship by the ordinary route, by the exceptional route and through marriage
- Preparing residence permit applications; bringing actions for annulment against refusal, cancellation and non-extension decisions
- Applying to the administrative court against deportation orders
- Objecting to administrative detention orders before the criminal judgeship of peace
- Handling requests for the lifting of entry bans to Turkey and of restriction code records
- Following up the process on behalf of the employer and the foreigner in work permit applications
- Following up international protection applications and objections against refusal decisions
- Handling Blue Card (mavi kart) procedures for former Turkish citizens by birth, and applications for renunciation of citizenship
- Carrying out land registry and legislative reviews in the purchase and sale of immovable property by foreigners
- Handling processes relating to the apostille, translation and recognition of foreign documents
Types of cases we handle
- Citizenship files: applications by the ordinary route, by the exceptional route and through marriage, reacquisition, renunciation of citizenship
- Residence permit files: short-term, family, student, long-term and humanitarian residence permits, and refusal and cancellation decisions
- Deportation and detention files: deportation orders, administrative detention, entry bans and restriction records
- Work permit files: applications, extensions, independent work permits and refusal decisions
- International protection files: refusal of applications, requests relating to the prohibition of refoulement
- Immovable property transactions by foreigners: checking acquisition limits, military forbidden zone enquiries, annotations prohibiting sale
Which authorities handle applications and cases in Istanbul, Kocaeli and Sakarya?
In immigration law, the process begins with the administration; an action can be brought only after an administrative act has been issued and served. As a rule, the time limit for bringing an action for the annulment of an administrative act is sixty days from service. For deportation orders, however, a special and much shorter time limit applies.
Istanbul
Residence applications made via the Istanbul Provincial Directorate of Migration Management and the e-İkamet system, and citizenship applications made to the Istanbul Provincial Directorate of Civil Registry and Citizenship, are followed up. Actions against administrative acts are heard by the Istanbul administrative courts; appellate review is carried out by the Istanbul Regional Administrative Court.
Kocaeli and Sakarya
In applications made to the Kocaeli and Sakarya provincial directorates of migration management, it is important to plan the work permit and the residence permit together for foreign workers employed in these provinces. Appellate review of decisions of the Kocaeli administrative courts is carried out by the Istanbul Regional Administrative Court, and that of decisions of the Sakarya administrative courts by the Bursa Regional Administrative Court.
- Applications to the competent administrative court against deportation orders
- Objections to the relevant criminal judgeship of peace against administrative detention orders
- The Ministry of Labour and Social Security for work permits
Related practice areas
- Recognition and Enforcement of Foreign Judgments: recognition of foreign divorce decisions and other judgments
- Constitutional Court and ECtHR Applications: applications concerning deportation and detention
- Family Law: marriage, divorce and custody in mixed-nationality families
To send us information about a residence, citizenship or deportation matter of yours in Istanbul, Kocaeli or Sakarya, you can use our contact page or make an appointment at our office in Kadıköy. For the recognition in Turkey of decisions given abroad, you may also wish to look at our Recognition and Enforcement of Foreign Judgments page.
The information on this page is general in nature and does not replace a legal opinion on a specific dispute.
Frequently Asked Questions
For an application by the ordinary route, the applicant must have resided in Turkey without interruption for five years immediately preceding the date of application. Which residence permits count in calculating this period is decisive; some types of permit may not be included in the period. In addition, the applicant must be able to speak sufficient Turkish and must have an income sufficient to support themselves, and there must be no impediment in terms of public order.
A foreigner who has been married to a Turkish citizen for at least three years and whose marriage is continuing may apply. It is required that the spouses live together as a family and do not engage in any activity incompatible with the marital union. Since the genuineness of the marriage is investigated after the application, adding documents showing the couple's life together to the file makes the process easier.
After the refusal decision has been served, an action for annulment may be brought before the administrative courts; as a rule, the time limit for bringing the action is sixty days from service. The petition sets out, with concrete documents, in what respect the ground for refusal is unlawful, and a stay of execution of the act is also requested. Documenting the date of service puts the starting point of the time limit beyond dispute.
An application against a deportation order is made to the competent administrative court within seven days; the court decides on the application within fifteen days, and its decision is final. Once the application has been made, the deportation is not carried out until the court has given its decision. Because the time limit is so short, recording the date on which the decision was served is decisive.
First, the ground on which the record was entered and the code used are established; an application is then made to the administration for its lifting or for its duration to be shortened. If the request is refused, the route to the administrative courts is open. In some cases, it is more appropriate to request a time-limited entry permit rather than the lifting of the record; applications made without seeing the basis of the record mostly come to nothing.
Foreigners who have stayed in Turkey on a residence permit for at least eight years without interruption may apply. In addition, it is required that the applicant has not received social assistance in the last three years, has sufficient income to support themselves and valid health insurance, and that there is no impediment in terms of public order. The permit is granted for an indefinite period; however, it may be cancelled in the cases listed in the law.
Foreign natural persons may acquire immovable property in Turkey within the framework of the restrictions in the legislation. Before the transaction, enquiries are made as to military forbidden zones and security zones, and the limit applied according to the area of the district and the nationwide upper limit of thirty hectares per person are checked. If the property is to serve as the basis for a citizenship application, a valuation report and an annotation of the undertaking not to sell also come into play.
The Blue Card is issued to persons who were Turkish citizens by birth and left Turkish citizenship by obtaining permission to renounce it, and to their descendants. Card holders enjoy the rights granted to Turkish citizens in matters such as residence, travel, employment, inheritance, acquisition of immovable property and transfer of title. However, these provisions do not apply with regard to the obligation to perform military service, the right to vote and to stand for election, and entry into public service; Blue Card holders are not obliged to perform military service in Turkey.
Administrative detention may not exceed six months; if the deportation procedures cannot be completed because the foreigner fails to cooperate or to provide correct information and documents, it may be extended by a maximum of six further months (YUKK art. 57). An application may be made to the criminal judgeship of peace against the detention order; the judge concludes the review within five days, and the decision is final.