Foreigners Law in Turkey: Residence, Work Permits, Deportation

The entry, stay, work, and acquisition of citizenship by foreigners in Turkey are regulated by detailed legislation, primarily the Law No. 6458 on Foreigners and International Protection (YUKK), the International Labor Force Law No. 6735, and the Turkish Citizenship Law No. 5901 (TVK). Gaziantep, due to border trade, industry, and intense migration movements, is a city where disputes related to foreigners law are frequently experienced. In this guide, we address residence permits, work permits, Turkish citizenship, deportation, and international protection with their legislative foundations.

Residence Permits (6458 YUKK)

Foreigners who will stay in Turkey longer than the visa or visa exemption period (maximum 90 days), or longer than the period granted by the visa, are required to obtain a residence permit (İkamet İzni). YUKK foresees six types of residence permits:

• Short-term residence permit (Art. 31): Granted for purposes such as scientific research, owning immovable property in Turkey, establishing commercial connections/business, tourism, and medical treatment. It is issued for a maximum of two years each time (different durations apply in some cases based on property and investment).
• Family residence permit (Art. 34): Granted to the foreign spouse, minor child, or dependent child of a Turkish citizen or a foreigner holding a residence permit, for a maximum of three years each time. The duration cannot exceed the sponsor's residence permit duration. It provides the right to education up to age 18 without needing a student residence permit.
• Student residence permit (Art. 38): Granted to foreigners who will study at a higher education institution in Turkey.
• Long-term (indefinite) residence permit (Art. 42): Granted indefinitely, with Ministry approval, to foreigners who have stayed in Turkey with a residence permit uninterruptedly for at least eight years. However, refugees, conditional refugees, secondary protection, and temporary protection status holders are not granted the right to transition to this permit.
• Humanitarian residence permit (Art. 46) and residence permit for victims of human trafficking (Art. 48): Granted to foreigners in special situations who cannot be deported or who need protection.

The path of administrative jurisdiction (idari yargı) is open against decisions rejecting a residence permit application or cancelling the permit; deadlines are strict (hak düşürücü) and must be followed carefully.

Work Permits (6735 International Labor Force Law)

As a rule, a work permit (Çalışma İzni) is required for a foreigner to work in Turkey; a work permit also serves as a residence permit. The permit types and durations are as follows (6735 Art. 10):

• Temporary work permit: Granted for a maximum of one year on the first application to work for a specific employer. On the first extension, it can be extended for a maximum of two years working for the same employer, and on subsequent extensions for a maximum of three years.
• Indefinite work permit: Foreigners who have a long-term residence permit in Turkey or at least eight years of legal work permit can apply. The holder of an indefinite work permit benefits from the rights provided by a long-term residence permit (except for the right to vote/be elected and military service obligation).
• Independent work permit: Can be granted to professional occupation members, provided they meet the special conditions in other laws.

Additionally, qualified foreigners may be granted a Turquoise Card (Turkuaz Kart) (Art. 11); the first three years are a transition period, after which it becomes indefinite and provides the rights of an indefinite work permit. Against decisions rejecting a work permit application or cancelling the permit, an appeal can be made to the Ministry within thirty days of notification; if the appeal is rejected, an administrative lawsuit can be filed (Art. 21).

Acquisition of Turkish Citizenship (5901 TVK)

Turkish citizenship can be acquired by birth (descent or place of birth) or subsequently. The main ways of subsequent acquisition are:

• General acquisition (TVK Art. 11): Foreigners who have resided in Turkey uninterruptedly for five years backwards from the application date; are adults and have the power of discernment, confirm their decision to settle in Turkey with their behavior, do not have a disease threatening general health, possess good morals, can speak sufficient Turkish, have an income/profession to provide for themselves and their dependents, and have no obstacles regarding national security/public order can apply. (One can be abroad for no more than a total of twelve months during the residence period — Art. 15.)
• Acquisition by marriage (TVK Art. 16): Marrying a Turkish citizen does not directly grant citizenship. However, foreigners who have been married for at least three years and whose marriage continues can apply, provided they live in family unity, do not engage in activities incompatible with marriage, and have no obstacles regarding national security/public order.
• Exceptional acquisition: Citizenship can be granted by Presidential decree to foreigners who make extraordinary contributions to Turkey in industrial, scientific, technological, economic/social fields, or who meet specific investment requirements (e.g., $400,000 real estate investment).

The rejection of citizenship applications is also an administrative act and is subject to judicial review.

Deportation and Administrative Detention (6458 YUKK)

For foreigners subject to a deportation (removal) order, the governorship may issue an administrative detention (idari gözetim) order if they pose a risk of absconding/disappearing, violate entry-exit rules, use fake documents, do not leave the country within the granted period, or pose a threat to public order/security/health (YUKK Art. 57). These foreigners are placed in removal centers (geri gönderme merkezleri).

The fundamental safeguards of administrative detention are:

• The administrative detention period in removal centers cannot exceed six months; if deportation procedures cannot be completed due to the foreigner's lack of cooperation, it can be extended for a maximum of another six months.
• The necessity of continuing administrative detention is evaluated regularly every month by the governorship; if the necessity ceases, it is immediately terminated.
• Against an administrative detention decision, the foreigner, their legal representative, or their lawyer can apply to the Criminal Court of Peace (Sulh Ceza Hâkimliği); the judge concludes the review within five days and the decision is final.
• Those who cannot afford attorney fees are provided legal aid (adli yardım) under the Attorneys' Act upon request.

An administrative lawsuit can also be filed against the deportation order itself; therefore, managing deadlines and procedures correctly is of critical importance. For detailed info, see our Deportation Appeal Guide.

Frequently Asked Questions

What happens if the residence permit period expires?

An extension application must be made before the period expires. Unauthorized stay can result in administrative fines and be a reason for deportation; it can also lead to an entry ban. If the extension application is made before the permit period expires, the stay is considered uninterrupted.

What happens to a foreigner working without a work permit?

Administrative fines are applied to the foreigner working without permission and the employer employing them; deportation procedures can be initiated against the foreigner. A work permit application is generally made through the employer.

How many years later can I become a Turkish citizen?

For general application, uninterrupted residence for five years in Turkey is required (TVK Art. 11). Those married to a Turkish citizen can apply provided there is at least three years of marriage and family unity (Art. 16). Meeting the conditions makes the application possible, but the administration has discretionary power.

Can I appeal a deportation order?

Yes. A lawsuit can be filed in the administrative court against the deportation order; also, an application can be made to the criminal court of peace against the administrative detention order (YUKK Art. 57). Deadlines are short (e.g. 7 days), and legal support should be sought without wasting time.

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For legal support in Gaziantep within the scope of foreigners law concerning residence and work permit applications, citizenship, deportation, and appeals against administrative detention, you can contact Av. M. Furkan Gür. +90 552 692 90 90.

This content is for general information purposes and does not replace legal counseling. Since legislation and practices change frequently, it is recommended to confirm the current legislation for your specific situation and consult a lawyer.