FOREIGNERS' LAW

Foreigners' Law is a branch of law that regulates the rights, obligations, and legal status of foreign nationals in Turkey. It encompasses various legal processes for foreigners living in Turkey, including residence permits, work permits, and citizenship, among others. Additionally, foreigners' rights regarding property ownership, social security, education, and other significant legal matters are also addressed by this field of law. The regulations on the legal status of foreigners in Turkey are designed to both facilitate the daily lives of non-Turkish citizens and protect the interests of the state.

Entry into Turkey and Residence Permits

Foreigners who wish to enter Turkey must have a visa that corresponds to the purpose of their visit, such as tourism, business, education, or employment. After entering Turkey, foreigners must adhere to the conditions and duration of their stay, which are regulated by the Directorate General of Migration Management of the Ministry of Interior. The residence permits in Turkey can be classified as follows:

• Short-Term Residence Permit: Allows foreigners to stay in Turkey for a short period (usually up to 1 year). This type is often granted to those staying in Turkey for tourism.

• Long-Term Residence Permit: Grants permanent residency to foreigners who have lived in Turkey for a certain period. A long-term residence permit is issued after successfully completing a certain number of years with valid residence permits.

• Work Permit and Work-Based Residence Permit: Foreigners need to obtain a work permit to legally work in Turkey. The work permit is tied to a specific job and is applied for by the employer.

Foreigners applying for a residence permit must apply to the Migration Management and prove that their stay in Turkey is legally valid.

Right to Work and Work Permit

A work permit is a necessary document for foreign nationals to work legally in Turkey. Foreign workers must apply for work permits through the Ministry of Labor and Social Security, and the application is evaluated based on the qualifications of the foreign national, labor market conditions, and other criteria.

Some conditions for foreigners to work in Turkey include:

• The foreign national must be employed in positions that prioritize Turkish citizens in the labor market.

• The foreign worker must possess the necessary qualifications for the applied position.

• After working in Turkey for a certain period, foreign workers can apply for long-term work permits.

Applications for work permits are made to the Ministry of Labor and Social Security, and based on the employment contract between the employer and foreign worker, the work permit is issued. Typically, work permits are granted for a period of 1 year and can be extended if specific conditions are met.

Property Acquisition Rights

One of the most common questions regarding foreigners in Turkey is their right to acquire real estate. Foreigners can purchase property in Turkey similarly to Turkish citizens. However, there are certain restrictions and regulations in place:

• Foreign nationals can only own property in specific cities and on properties of a certain size.

• Foreigners cannot acquire property in military zones or areas designated as security zones.

• Foreign property acquisition rights are governed by reciprocal agreements and national laws that Turkey acknowledges.

There may also be limitations on the amount of property a foreigner can acquire in Turkey.

Right to Engage in Trade and Establish a Company

Foreign nationals have the right to engage in trade and establish companies in Turkey. Foreign investment has been encouraged, and foreign investors can establish companies in Turkey to contribute to the economy. This process is regulated by the Turkish Commercial Code and the Guide for Investors.

Steps to establish a company in Turkey for foreigners include:

• Choosing the Type of Company: The primary company types available for foreigners are joint-stock companies (A.Ş.) and limited liability companies (Ltd. Şti.).

• Conditions for Investment: Foreign investors must obtain the necessary permits to operate in their chosen sector.

• Tax and Social Security Regulations: Foreign company owners are subject to tax obligations and must pay social security contributions for their employees.

Foreign investors need to adhere to legal regulations and government incentives related to foreign capital investments.

Right to Education

Foreign nationals in Turkey have the right to pursue education in universities and schools. Foreign students may require specific visas and residence permits to study in Turkey. Turkish universities offer scholarship opportunities for foreign students, and the required documents and application processes vary by institution.

Social Security and Health Rights

Foreign nationals in Turkey have social security rights, including access to health insurance, retirement benefits, and workplace accident insurance. Foreign workers must register with the Social Security Institution (SGK) and pay social security premiums.

Once foreign workers start working in Turkey, they can benefit from the same health insurance services as Turkish citizens. They are also entitled to accident and sickness insurance.

Acquiring Turkish Citizenship

Foreign nationals can apply for Turkish citizenship under certain conditions. A foreign national who has legally resided in Turkey for a certain period may apply for citizenship. One of the key requirements for applying for citizenship is continuous residence in Turkey for at least 5 years. Additionally, applicants may be required to prove proficiency in the Turkish language and have a clean criminal record.

Conclusion

Foreigners' law is an important area of law that regulates the legal status, rights, and obligations of foreign nationals in Turkey. The regulations aim to make life easier for foreigners living in Turkey while also protecting the country's interests. Foreign nationals can benefit from various rights in Turkey, including residence, work, property acquisition, trade, and education. Adhering to legal regulations and procedures ensures the protection of rights for both foreigners and the state.