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Author Topic: Law on Foreigners and International Protection No: 6458  (Read 23 times)

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Law on Foreigners and International Protection No: 6458
« on: December 06, 2018, 10:12:01 PM »
LAW ON FOREIGNERS AND INTERNATIONAL PROTECTION
Law No : 6458
Acceptance Date : 4/4/2013
Official Journal Published : Date: 11/4/2013 Issue : 28615
Principle Published : Issue : 5 Volume : 53
(GAYRİ RESMİ İNGİLİZCE ÇEVİRİSİ)
PART ONE
PURPOSE, SCOPE, DEFINITIONS AND NON-REFOULEMET
SECTION ONE
Purpose, Scope and Definitions
Purpose
ARTICLE 1 –
(1) The purpose of this Law is to regulate the principles and procedures with regard to foreigners’
entry into, stay in and exit from Turkey, and the scope and implementation of the protection to be
provided for foreigners who seek protection from Turkey, and the establishment, duties, mandate
and responsibilities of the Directorate General of Migration Management under the Ministry of
Interior.
Scope
ARTICLE 2 –
(1) The provisions of this Law apply to the activities and actions related to foreigners; the
international protection to be extended in cases of individual protection claims of foreigners at
borders, the border gates or within Turkey; the immediate temporary protection to be provided to
foreigners in cases when there is a large influx into Turkey and where they cannot return back to
the country they were forced to leave; and, the structure, duties, mandate and responsibilities of
the Directorate General of Migration Management.
(2) This Law shall be implemented without prejudice to provisions of international agreements
to which Turkey is party to and specific laws.
Definitions
ARTICLE 3 –
(1)In implementation of this Law, the following definitions shall apply:
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a) Family members: the spouse, the minor child and the dependent adult child of the applicant or the
beneficiary of international protection;
b) European Countries: Member States of the Council of Europe as well as other countries to be
determined by the Council of Ministers;
c) Minister: the Minister of Interior;
ç) Ministry: the Ministry of Interior;
d) Applicant: a person who made an international protection claim and a final decision regarding
whose application is pending;
e) Child: a person who is under the age of 18 and has not yet attained majority;
f) Sponsor: a Turkish citizen or a foreigner legally staying in Turkey who undertakes the expenses
of foreigners who would come to Turkey for the purpose of family reunification and who is
referenced as the supporter in the application by the residence permit applicant;
g) Director General: the Director General of Migration Management;
ğ) Directorate General: the Directorate General of Migration Management;
h) Entry and exit controls: the controls carried out at border gates;
ı) Migration: regular migration whereby foreigners’ legally enter into, stay in or exit from Turkey
as well as irregular migration whereby foreigners enter into, stay in or exit from Turkey through
illegal channels and work in Turkey without a permit; as well as international protection;
i) Residential address: the domicile recorded in Turkey in the address based registration system;
j) Residence permit: the permit issued for the purpose of staying in Turkey;
k) Consulate: the consulate generals, consulates or the embassy consular offices of the Republic of
Turkey;
l) Person with special need: out of those applicants and international protection beneficiaries, an
unaccompanied minor; a disabled person; an elderly person; a pregnant woman; a single mother or
a single father with an accompanying child; or a person who has been subjected to torture, rape or
other serious psychological, physical or sexual violence;1
m) Unaccompanied minor: a child who arrives at Turkey without the attendance of an adult who by
law or custom is responsible for him/her or, is left unaccompanied after entry into Turkey, unless
he/she is not taken under the active care of a person responsible for him/her;
n) Travel document: a document substituting a passport;
o) Border gates: the border crossing points designated by a Council of Ministers Decree for entry
into and exit from Turkey;
ö) Final decision: with regard to decisions concerning the claim of an applicant or the status of an
international protection beneficiary; the decision of the Directorate General, where administrative
review request or an appeal before the judiciary has not been made; or in case of an appeal, judicial
decision which can no longer be appealed;
p) Convention: the Convention Relating to the Status of Refugees of 28 July 1951, as amended by
the 1967 Protocol Relating to the Status of Refugees;
r) International protection: the status granted for refugee, conditional refugee, and subsidiary

1 With the 1st Article of the Law No. 6462 dated 25/4/2013, the expression of “afflicted person” was
changed to “disabled person” in this article.
3
protection;
s) Country of citizenship: the country of which the foreigner holds the citizenship or, in case of more
than one citizenship, each of the countries of which the foreigner is a citizen;
ş) Stateless person: a person who does not hold the citizenship of any state and who is considered
as foreigner;
t) Visa: a permission that entitles stay up to a maximum of ninety days in Turkey or to transit through
Turkey;
u) Visa exemption: the regulation waiving the visa requirement;
ü) Foreigner: a person who does not have citizenship bond with the Republic of Turkey;
v) Foreigner identification number: the identification number issued to foreigners pursuant to
Population Services Law № 5490 of 25/04/2006.
y) (Annex: 28/7/2016-6735/27 article) Authorized intermediary: An institution or organization, the
qualifications and mission frame of which are determined by regulation and which is authorized by the
Directorate General.
SECTION TWO
Non-refoulement
Non-refoulement
ARTICLE 4 –
(1) No one within the scope of this of this Law shall be returned to a place where he or she may be
subjected to torture, inhuman or degrading punishment or treatment or, where his/her life or
freedom would be threatened on account of his/her race, religion, nationality, membership of a
particular social group or political opinion.
PART TWO
FOREIGNERS
SECTION ONE
Entry into Turkey and Visas
Entry into and exit from Turkey
ARTICLE 5 –
(1) Entry into and exit from Turkey shall be through the border gates with a valid passport or travel
document.
Document checks
ARTICLE 6 –
(1) Foreigners should submit their passport or, travel document or documents to the officials at the
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time of entry into and exit from Turkey.
(2) Document checks regarding border crossings can also be carried out on vehicles while they are
on route.
(3) Foreigners using transit areas at airports may be subject to [document] checks by the competent
authorities.
(4) At the time of entry into Turkey, checks shall be carried out to determine whether or not the
foreigner falls within the scope of Article 7.
(5) In the implementation of this article, persons regarding whom a comprehensive check is required
may only be held for a maximum of four hours. Within this period, the foreigner may either return
to his country at any time or may wait for the completion of the actions for admission into the
country, not limited with the four-hour period. The principles and procedures governing
comprehensive control actions shall be stipulated in a Directive.
Foreigners who shall be refused to enter into Turkey
ARTICLE 7 –
(1) Foreigners who shall be refused to enter into Turkey are those:
a) who do not hold a passport, a travel document, a visa or, a residence or a work permit or, such
documents or permits has been obtained deceptively or, such documents or permits are false;
b) whose passport or travel document expires sixty days prior to the expiry date of the visa, visa
exemption or the residence permit;
c) without prejudice to paragraph two of Article 15, foreigners listed in paragraph one of Article 15
even if they are exempted from a visa.
(2) Actions in connection with this Article shall be notified to foreigners who are refused entry. This
notification shall also include information on how foreigners would effectively exercise their right
of appeal against the decision as well as other legal rights and obligations applicable in the
process.
Implementation regarding international protection claims
ARTICLE 8 –
(1) The conditions stipulated in Articles 5, 6 and 7 shall not be construed and implemented to prevent
the international protection claim.
Entry ban to Turkey
ARTICLE 9 –
(1) The Directorate General, when necessary and upon consultation with the relevant government
departments and institutions, may impose an entry ban against foreigners whose entry into Turkey
is objectionable for public order, public security or public health reasons.
(2) The Directorate General or governorates shall impose an entry ban for foreigners who are
deported from Turkey.
(3) The entry ban to Turkey shall not exceed five years. However, in cases where there is a serious
public order or public security threat, this period may be extended for a maximum of an additional
ten years by the Directorate General.
(4) The entry ban to Turkey for foreigners whose visa or residence permit has expired and who has
5
applied to the governorates to exit from Turkey before their situation is established by the
competent authorities upon which a removal decision has been taken, shall not exceed one year.
(5) Among those who have been invited to leave Turkey pursuant to Article 56, an entry ban might
not be imposed for those who leave the country within the specified period of time.
(6) The Directorate General may revoke an entry ban or, allow the foreigner to enter into Turkey for
a given period of time, without prejudice to the entry ban.
(7) For reasons of public order or public security, the Directorate General may introduce advance
clearance conditions for the admission of certain foreigners’ to Turkey.
Notification of the entry ban to Turkey
ARTICLE 10 –
(1) The entry ban shall be notified to foreigners who are within the scope of paragraph one of Article
9 by the competent authority at the border gate when they arrive to enter into Turkey, whereas,
foreigners who are within the scope of paragraph two of Article 9 shall be notified by the
governorates. The notification shall also include information on how foreigners would effectively
exercise their right of appeal against the decision as well as other legal rights and obligations
applicable in the process.
Visa requirement, visa applications and competent authorities
ARTICLE 11 –
(1) Foreigners wishing to stay in Turkey for up to ninety days shall obtain a visa that indicates the
purpose of their visit from the consulates of the Republic of Turkey in their country of citizenship
or legal stay. The period of stay in Turkey provided by the visa or visa exemption cannot exceed
ninety days within a period of one hundred and eighty days.
(2) In order for visa applications to be assessed, it is required to lodge the applications in compliance
with the procedure.
(3) Visas shall not confer an absolute right of entry.
(4) Visas shall be issued by the consulates and, in exceptional cases by the governorates in charge of
the respective border gates. [The assessment of] applications lodged with consulates shall be
determined within ninety days.
(5) Visas for diplomats of foreign countries may be issued ex officio to by the embassies of the
Republic of Turkey. Such visas shall immediately be reported to the Ministry and the Foreign
Ministry in accordance with the general visa procedures. These visas are not subject to fee.
(6) When necessary in view of the national interests of Turkey, a visa may exceptionally be issued
ex officio by the ambassadors’ of the Republic of Turkey. Visas issued for such purposes shall
immediately be reported to the Ministry and the Foreign Ministry in accordance with the general
visa procedures. These visas are not subject to fee.
(7) The principles and procedures governing visa types and processes shall be stipulated in a
Directive.
Visa exemption
ARTICLE 12 –
(1) Visa for entry into Turkey shall not be required from those foreigners who are:
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a) exempt from visa obligation pursuant to agreements to which the Republic of Turkey is party to
or with a Council of Ministers’ decree;
b) holders of a residence or a work permit valid on the date of entry into Turkey;
c) holders of a valid “reserved for foreigners” passport issued pursuant to Article 18 of the Passport
Law № 5682 of 15/07/1950;
ç) within the scope of Article 28 of the Turkish Citizenship Law № 5901 of 29/05/2009.
(2) Visa requirement for entry into Turkey may not be sought from those foreigners who:
a) disembark at a port city from a carrier, which has been obliged to use Turkish air and sea ports
due to force majeure;
b) arrive at seaports for the purpose of touristic visits to the port city or nearby cities, provided that
their visit does not exceed seventy two hours.
Border visa [Visas issued at border gates]
ARTICLE 13 –
(1) On exceptional cases, foreigners arriving at border gates without a visa, may be issued a visa
provided that they document their [intended] departure from Turkey within due time.
(2) Border visa shall be issued by the governorates in charge of the respective border gates.
Governorates may delegate this authority to the law enforcement unit stationed at the border. Such
visas shall authorise stay in Turkey for a maximum of fifteen days, unless a different duration is
determined by the Council of Ministers.
(3) The medical insurance requirement may be waived for humanitarian reasons for persons issued a
visa at the border.
Airside transit visas
ARTICLE 14 –
(1) Foreigners who shall be transiting through Turkey may be required to obtain an airside transit
visa. Airside transit visas shall be issued by the consulates, to be used no later than six months.
(2) Foreigners who would be required to obtain an airside transit a visa shall be jointly determined
by the Ministry and Ministry of Foreign Affairs.
Foreigners who shall be refused to take visa
ARTICLE 15 –
(1) Visa shall be refused for those foreigners whose/who:
a) passport or travel document is not valid at least sixty days beyond the expiry date of the visa
requested;
b) are banned from entering Turkey;
c) are considered undesirable for reasons of public order or public security;
ç) are identified to have a disease posing public health threat;
d) are suspects of or, are convicted of, a crime(s) that are subject to extradition pursuant to
agreements to which the Republic of Turkey is a party to;
e) are not covered with a valid medical insurance for the duration of their stay;
f) fail to supply proof of the reason for their purpose of entry into, transit from or stay in Turkey;
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g) do not possess sufficient and sustainable resources [for the duration of their stay]
ğ) would refuse to pay receivables, originating from overstaying the duration of visa or a previous
residence permit duration or, that should be enforced and collected pursuant to the Law on the
Procedure of Collection of Public Receivables № 6183 of 21/07/1953 or, debts and fines enforced
pursuant to the Turkish Penal Code № 5237 of 26/09/2004.
(2) Nevertheless if it is deemed to be of interest to issue a visa to such a foreigner who falls within
the scope of this article, a visa may be granted subject to the Minister’s approval.
Cancelation of visas
ARTICLE 16 –
(1) Visa shall be cancelled by the issuing authorities or the governorates in cases when/where:
a) it is determined that the visa is exploited for fraudulent purposes;
b) there is erasure, scraping or alteration detected [on the visa sticker];
c) the visa holder is banned to entry Turkey ;
ç) there is strong doubt as to the foreigner may commit a crime;
d) the passport or travel document is false or has expired;
e) the visa or the visa exemption is used outside its purpose;
f) the circumstances or documents on the grounds of which the visa was issued are determined to
be not valid.
(2) In case of a removal decision issued with regards to the foreigner within the duration of the visa,
the visa shall be cancelled thereof.
Notification of visa processes
ARTICLE 17 –
(1) The processes related to the refusal of a visa application or cancelation of the visa shall be notified
to the visa applicant.
Authority of the Council of Ministers related to visa and passport procedures
ARTICLE 18 –
(1) The Council of Ministers is authorised to;
a) Enter into agreements determining the passport and visa procedures; and under circumstances
when considered necessary, unilaterally waive the visa requirement for citizens of certain states;
facilitate visa procedures, including exemption from visa fee; and, determine the duration of visas.
b) Introduce terms and conditions for [the using of] passports belonging to foreigners [with regard
entry into or stay in or exit from Turkey], in case of war or other extraordinary circumstances to
cover a region of or the entire country.
c) Take all measures setting specific conditions or restrictions regarding entry of foreigners into
Turkey.
SECTION TWO
Residence
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Residence permit
ARTICLE 19 –
(1) Foreigners who would stay in Turkey beyond the duration of a visa or a visa exemption or, [in
any case] longer than ninety days should obtain a residence permit. The residence permit shall
become invalid if not used within six months.
Exemption from residence permit
ARTICLE 20 –
(1) A residence permit shall not be required from those foreigners listed below:
a) who have arrived with a valid visa or by virtue of visa exemption for a stay up to ninety days,
within the period of the visa or the visa exemption;
b) holders of Stateless Person Identity Card;
c) members of the diplomatic and consular missions in Turkey;
ç) family members of diplomatic and consular officers, provided they are notified to the Ministry of
Foreign Affairs;
d) members of the representations of international organisations in Turkey whose status has been
determined by virtue of agreements;
e) who are exempt from a residence permit by virtue of international agreements which Turkey is a
party to;
f) who fall within the scope of Article 28 of Law № 5901;
g) holders of the documents listed in paragraph seven of article 69 as well as the first paragraphs of
Articles 76 and 83.
(2) Foreigners listed in subparagraphs (c), (ç), (d) and (e) of the first paragraph shall be issued a
document of which the format and content shall be jointly determined by the Ministry and the
Ministry of Foreign Affairs. In cases where these foreigners wish to stay in Turkey, after the end
of their status that entitled them to exemption from a residence permit, shall apply with the
governorates within ten days to obtain a residence permit.
Application for residence permit
ARTICLE 21 –
(1) Applications for residence permits shall be lodged with the consulates in the foreigner’s country
of citizenship or legal stay.
(2) Foreigners applying for a residence permit shall be required to hold a passport or a travel
document valid at least sixty days beyond the duration of the requested residence permit.
(3) Where the information and documents required for the application is incomplete, the assessment
of the application may be postponed until such information and documents are submitted. The
applicant shall be informed of the missing information and documents.
(4) The consulates shall convey the residence permit applications, together with their remarks, to the
Directorate General. The Directorate General shall, after finalising [the assessment of] the
applications, inform the consulate to issue a residence permit or refuse the application, seeking
the opinion of the relevant institutions when it deems it necessary.
(5) [The assessment of] the applications shall be finalised no later than ninety days.
9
(6) The actions related to the refusal of a residence permit application shall be notified to the
applicant.
 (7) (Annex: 28/7/2016-6735/27 article) Residence permit applications could also be made by the
authorized intermediary.
Applications for residence permits to be lodged in Turkey
ARTICLE 22 –
(1) Applications for residence permits may exceptionally be lodged with the governorates in
following cases:
a) pursuant to decisions of or requests from judicial or administrative authorities;
b) when it is not reasonable or possible for the foreigner to leave Turkey;
c) for long-term residence permits;
ç) for student residence permits;
d) for residence permits on humanitarian grounds;
e) for residence permits for victims of human trafficking;
f) while changing from a family residence permit to a short-term residence permit;
g) by either parent, holding a residence permit in Turkey, for their children born in Turkey;
ğ) for a residence permit which conforms to the new reason of stay, in cases where the reason for
which the valid residence permit was issued no longer apply or has changed;
h) for residence permit applications lodged within the scope of paragraph two of Article 20;
ı) when foreign students who have completed higher education in Turkey transfer to a short-term
residence permit.
Issuance and format of residence permits
ARTICLE 23 –
(1) Residence permits shall be issued separately for every foreigner depending on the purpose of stay,
[in any case] for a period sixty days shorter than the validity period of the passport or travel
document.
(2) The Ministry shall determine the format and content of the residence permit whereas the format
and content of the work permit that would substitute as a residence permit shall be jointly
determined by the Ministry and relevant institutions.
Renewal of residence permits
ARTICLE 24 –
(1) The duration of residence permits may be extended by the governorates.
(2) Applications for renewal shall be made to the governorates within sixty days prior to the
expiration of the residence permit and, in any case, before the expiration of the residence permit.
Those who apply for the extension of the duration of the residence permit shall be issued a
document not subject to fee. Such foreigners may reside in Turkey by virtue of this document
pending a decision regarding their application, even if their residence permits have expired.
(3) The renewed residence permits shall take effect as from the expiry date of [applying] legal
permits.
10
(4) [Assessment of] applications for renewal shall be finalised by the governorates.
Refusal, cancelation or non-renewal of residence permit applications lodged in Turkey
ARTICLE 25 –
(1) The refusal of an application lodged in Turkey, non-renewal or cancelation of a residence permit
and notification of such actions shall be done by the governorates. The decision on the residence
permit may be postponed in consideration of elements such as the foreigner’s family ties in
Turkey, the duration of residence, situation in the country of origin and the best interest of the
child during these actions.
(2) Refusal, non-renewal or cancelation of the application shall be notified to the foreigner or, to
his/her legal representative or lawyer. This notification shall also include information on how
foreigners would effectively exercise their right of appeal against the decision as well as other
legal rights and obligations applicable in the process.
Other provisions concerning residence permits
ARTICLE 26 –
(1) Time spent as a prisoner or detainee in prison or under administrative detention in removal centres
[beyond the expiry date of the residence permit] shall not be considered as a breach of the time
limit of the residence permit. Residence permits, if any, held by such persons may be cancelled.
Any such person, who does not have one, may be issued a foreigner identity number without the
requirement of holding a residence permit.
(2) Foreigners arriving Turkey with a residence [or] a work permit issued by the consulates should
register with the address based registration system no later than twenty working days as of the
date of arrival.
Work permit as residence permit
ARTICLE 27 –
(1) A valid work permit as well as Work Permit Exemption Confirmation Document issued pursuant
to Article 10 of the Law on Work Permits of Foreigners, № 4817 of 27/02/2003, shall be
considered as a residence permit. (Abrogated second sentence: 28/7/2016-6735/27 art.)
(2) The foreigner should not fall within the scope of Article 7 in order for a work permit to be issued
or renewed.
Interruption of residence
ARTICLE 28 –
(1) For the purposes of this Law, any stay outside of Turkey exceeding a total of six months within one
year or a total of one year within the last five years for reasons other than compulsory public service,
education or health shall be considered interruption of residence. In cases where there is an
interruption of residence, the previous residence durations shall not count towards a residence
permit application or changing to another residence permit.
(2) In the computation of continues residence permits, half the duration of student resident permits
while the full duration of all other types of residence permits shall be calculated.
11
Transfer between residence permits
ARTICLE 29 –
(1) In cases where the reason, on the grounds which the residence permit is issued, no longer apply
or a different reason appears foreigners may lodge an application for a residence permit which
conforms to the new reason for their stay.
(2) The principles and procedures governing transfers between residence permits shall be stipulated
in the Directive.
Residence permit types
ARTICLE 30 –
(1) Types of residence permits are the listed below:
a) short-term residence permit;
b) family residence permit;
c) student residence permit;
ç) long-term residence permit;
d) humanitarian residence permit;
e) victim of human trafficking residence permit.
Short-term residence permit
ARTICLE 31 –
(1) A short-term residence permit may be granted to those foreigners listed below who:
a) arrives to conduct scientific research;
b) owns immovable property in Turkey;
c) establishes business or commercial connections;
ç) participates in on-the-job training programmes;
d) arrives to attend educational or similar programmes as part of student exchange programmes or
agreements to which the Republic of Turkey is a party to;
e) wishes to stay for tourism purposes;
f) intends to receive medical treatment, provided that they do not have a disease posing a public
health threat;
g) is required to stay in Turkey pursuant to a request or a decision of judicial or administrative
authorities;
ğ) transfers from a family residence permit;
h) attends a Turkish language course;
ı) attends an education programme, research, internship or, a course by way of a public agency;
i) applies within six months upon graduation from a higher education programme in Turkey.
j) (Annex: 28/7/2016-6735/27 article) does 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 minor children or foreign dependent children.
k) (Annex: 28/7/2016-6735/27 article) is citizen of Turkish Republic of Northern Cyprus.
(2) (Amendment: 28/7/2016-6735/27 article) Short-term residence permits shall be issued with
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maximum two year duration at a time with the exception of (j) and (k) subparagraphs of the first
paragraph.
(3) Residence permits within the scope of subparagraph (h) of the first paragraph shall only be issued
twice.
(4) Residence permits within the scope of subparagraph (i) of the first paragraph shall only be issued
once with maximum one year duration.
(5) (Annex: 28/7/2016-6735/27 article) The residence permits granted within the scope of (j) and
(k) subparagraphs of the first paragraph shall only be issued with maximum 5 year duration.
Conditions for short-term residence permit
ARTICLE 32 –
(1) The following conditions shall apply when issuing short-term residence permits:
a) to apply, claiming one or more of the reasons stipulated in paragraph one of Article 31 and submit
supporting information and documents regarding the application;
b) not to fall within the scope of Article 7;
c) to live in accommodation conditions that conform to general health and safety standards;
ç) upon request, to present criminal record certificate issued by the competent authorities in their
country of citizenship or legal residence;
d) submit information on their address of stay in Turkey.
Refusal, non-renewal or cancelation of short-term residence permits
ARTICLE 33 –
(1) 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:
a) one or more of the conditions provided for in Article 32 are not met or no longer apply;
b) it is established that the residence permit is used outside the purposes of those it is issued for;
c) (Abrogated: 28/7/2016-6735/27 art.)
ç) there is a current removal decision or an entry ban to Turkey in respect to the foreigner.
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation
of residence permit in terms of duration of stay abroad are regulated by Regulation.
Family residence permit
ARTICLE 34 –
(1) A family residence permit for a maximum duration of three years at a time may be granted to the:2
a) foreign spouse;
b) foreign children or foreign minor children of their spouse;
c) dependent foreign children or dependent foreign children of their spouse;
of Turkish citizens, persons within the scope of Article 28 of Law № 5901 or, foreigners holding
one of the residence permits as well as refugees and subsidiary protection beneficiaries. However,
the duration of the family residence permit cannot exceed the duration of the sponsor’s residence

2 With the 27th Article of the Law No. 6735 dated 28/7/2016, the expression of “two years” was changed
to “three years” in this article.
13
permit under any circumstances whatsoever.
(2) In cases of a polygamous marriage pursuant to the regulation in the [foreigner’s] country of
citizenship, only one of the spouses shall be issued a family residence permit. However, a family
residence permit may be granted to the foreigner’s children from other spouses.
(3) For family residence permits issued to children, if any, the consent of the mother or the father
who lives abroad and who shares custody shall be sought.
(4) Family residence permits shall entitle the holder right of education in primary and secondary
educational institutions until the age of 18 the without obtaining a student residence permit.
(5) Any person reaching the age of 18 who has immediately before resided in Turkey for a minimum
of three years on a family residence permit may, upon application transfer to a short-term
residence permit.
(6) In the event of divorce, a short-term residence permit may be issued to a foreign spouse of a
Turkish citizen, provided that [he or she] resided on a family residence permit for at least three
years. However, in cases where it is established by the relevant court that the foreign spouse has
been a victim for reasons of domestic violence, the condition for three years residence shall not
be sought.
(7) In the event of the death of the sponsor, a short-term residence permit may be issued without any
[minimum residing] time condition attached to those who have resided on a family residence
permit in connection with the sponsor.
Conditions for family residence permits
ARTICLE 35 –
(1) With regard to family residence permit applications, the following conditions shall apply to the
sponsor to:
a) have a monthly income in any case not less than the minimum wage in total corresponding not
less than one third of the minimum wage per each family member;
b) live in accommodation conditions appropriate to general health and safety standards
corresponding to the number of family members and to have medical insurance covering all
family members;
c) submit proof of not having been convicted of any crime against family during the five years
preceding the application with a criminal record certificate;
ç) have been residing in Turkey for at least one year on a residence permit;
d) have been registered with the address based registration system.
(2) Subparagraph (ç) of the first paragraph shall not apply to holders of residence permit or work
permit for the purposes of scientific research; who are within the scope of Article 28 of Law №
5901; or foreigners who are married to Turkish citizens.
(3) The following conditions shall apply to foreigners applying for a family residence permit to stay
with a sponsor in Turkey:
a) to submit information and documents that they are within the scope of paragraph one of Article
34;
b) to assert that they live or intend to live together with those persons listed in paragraph one of
Article 34;
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c) not to have entered into the marriage for the purpose of obtaining a family residence permit;
ç) to be over 18 years of age for each spouse;
d) not to fall within the scope of Article 7.
(4) The conditions set forth in first paragraph of this Article may not be sought for refugees and
subsidiary protection beneficiaries who are in Turkey.
Refusal, cancelation or non-renewal of family residence permits
ARTICLE 36 –
(1) Under the following cases a family residence permit shall not be granted, shall be cancelled if has
been issued, and shall not be renewed when:
a) conditions set out in paragraphs one and three of Article 35 are not met or no longer apply;
b) short-term residence permit [application] is refused when the conditions for obtaining a family
residence permit no longer apply;
c) there is a valid removal decision or an entry ban to Turkey in respect to the foreigner;
ç) it is determined that the family residence permit is used for purposes other than of those it is issued
for;
d) (Abrogated: 28/7/2016-6735/27 art.)
(2) (Annex: 28/7/2016-6735/27 article) Procedures and principles regarding the cancellation of
residence permit in terms of duration of stay abroad are regulated by Regulation.
Applications for family residence permit through marriage of convenience
ARTICLE 37 –
(1) Where there is reasonable doubt prior to granting or renewing a family residence permit the
governorates shall investigate whether the marriage have been entered into solely for the purpose
of obtaining a family residence permit.
When it is so determined upon investigation family residence permit shall not be granted or,
cancelled if has been issued.
(2) Following the issuance of a family residence permit the governorates may carry out inspections
in order to establish whether the marriage is of convenience.
(3) Residence permits obtained through a fraudulent marriage and cancelled later, shall not count
towards the summing of residence durations stipulated in this Law.
Student residence permit
ARTICLE 38 –
(1) A student residence permit shall be granted to foreigners who shall attend an associate,
undergraduate, graduate or postgraduate programme in a higher education institution in Turkey.
(2) To foreigners who shall receive primary and secondary education and whose care and expenses
shall be covered by a natural or legal person, subject to the consent of their parents or legal
guardian a one year student residence permit shall be granted and renewed throughout the course
of their study.
(3) The student residence permit shall not entitle the parents as well as more distant family members
of the foreigner the right of obtaining residence permit.
15
(4) In cases where the period of study is less than one year, the duration of the residence permit shall
not exceed the period of study.
(5) (Annex: 28/7/2016-6735/27 article) To foreigners who shall receive an education in
Turkey by coming via state institutions and organizations, a residence permit may be granted
during their study period.
Conditions for student residence permit
ARTICLE 39 –
(1) The following conditions shall apply to student residence permit:
a) submitting the information and documents within the scope of Article 38;
b) not to fall within the scope of Article 7;
c) providing an address in Turkey.
Refusal, cancelation or non-renewal of student residence permits
ARTICLE 40 –
(1) Under the following cases a student residence permit shall not be issued, cancelled if has been
issued, refused renewal when:
a) the requirements of Article 39 are not met or no longer apply;
b) evidence exists that the studies are possibly not to be continued;
c) it is determined that the student residence permit has been used for a purpose other than that it is
issued for;
ç) there is a current removal decision or an entry ban to Turkey with respect to the foreigner.
Right of work for [foreign] students3
ARTICLE 41 –
(1) [Foreign] students attending a formal associate, undergraduate, graduate or postgraduate
programme in Turkey may work provided that they obtain a work permit. However the right of
work for associate or undergraduate students starts after the first year [of their study] and is
regulated by related law.
(2) The principles and procedures governing the right of work for associate or undergraduate students
shall be jointly regulated by the Ministry and the Ministry of Labour and Social Security within
the framework of the principles to be determined by the Migration Policies Board.
Long-term residence permit
ARTICLE 42 –
(1) A long-term residence permit shall be issued by the governorates, upon approval of the Ministry,
to foreigners that have continuously resided in Turkey for at least eight years on a permit or,
foreigners that meet the conditions set out by the Migration Policies Board.
(2) Refugees, conditional refugees and subsidiary protection beneficiaries as well as persons under
temporary protection or humanitarian residence permit holders are not entitled to the right of

3 With the 27th Article of the Law No. 6735 dated 28/7/2016, expression of “formal” was added before the
expression of “in Turkey” in the first item of this article and the expression of “cannot be more than
twenty four hours a week” was changed as “regulated by related law”.
16
transfer to a long-term residence permit.
Conditions for long-term residence permit
ARTICLE 43 –
(1) With regard to the issuing long-term residence permit the following conditions shall apply:
a) having continues residence in Turkey for at least eight years;
b) not having received social assistance in the past three years;
c) having sufficient and stable income to maintain themselves or, if any, support their family;
ç) to be covered with a valid medical insurance;
d) not to be posing a public order or public security threat.
(2) Subject to subparagraph (d), the conditions stipulated in the first paragraph shall not apply to
foreigners who are considered appropriate for a long-term residence permit due to meeting the
conditions determined by the Migration Policies Board.
Rights conferred by a long-term residence permit
ARTICLE 44 –
(1) Without prejudice to acquired rights with respect to social security, and subject to conditions
stipulated in applicable legislation governing the enjoyment of rights, foreigners holding a longterm residence permit shall benefit from the same rights as accorded to Turkish citizens with the
exception of the provisions in laws regulating specific areas, and of:
a) compulsory military service;
b) the right of vote and be elected;
c) entering public service;
ç) exemption from customs duties when importing vehicles.
(2) The Council of Ministers is authorised to partially or completely restrict the rights listed in the
first paragraph.
Cancelation of long-term residence permits
ARTICLE 45 –
(1) Under the following cases a long-term residence permit shall be cancelled when the foreigner:
a) poses a serious public security or public order threat;
b) stays out of Turkey continuously for more than one year for reasons other than health, education
and compulsory public service in his/her country.
(2) The principles and procedures governing the re-application for a long-term residence permit and
assessment of the applications of foreigners whose long-term residence permit has been cancelled
pursuant to subparagraph (b) of the first paragraph shall be stipulated in a Directive.
Humanitarian residence permit
ARTICLE 46 –
(1) Under the following cases, upon approval of the Ministry, a humanitarian residence permit with
a maximum duration of one year at a time may be granted and renewed by the governorates
without seeking the conditions for other types of residence permits:
17
a) where the best interest of the child is of concern;
b) where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be
removed from Turkey or their departure from Turkey is not reasonable or possible;
c) in the absence of a removal decision in respect of the foreigner pursuant to Article 55;
ç) where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77;
d) throughout the removal actions of the applicant to the first country of asylum or a safe third
country;
e) in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency
or in view of the protection of the national interests as well as reasons of public order and
security, in the absence of the possibility to obtain one of the other types of residence permits
due to their situation that precludes granting a residence permit;
f) in extraordinary circumstances.
(2) Foreigners that are granted humanitarian residence permit should get registered with the address
based registration system no later than twenty working days as of the issuance date.
Cancelation or non-renewal of humanitarian residence permits
ARTICLE 47 –
(1) The humanitarian residence permit shall be cancelled and shall not be renewed by the
governorates in cases where the compelling conditions no longer apply, subject to the approval
of the Ministry.
Residence permits for victims of human trafficking
ARTICLE 48 –
(1) A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who
are victims of human trafficking or where there is strong circumstantial evidence that they might
be victims with a view to allow them to break from the impact of their [negative] experience and
reflect on whether to cooperate with the competent authorities.
(2) Conditions attached to other types of residence permits shall not be sought while issuing these
residence permits.
Renewal and cancelation of residence permits for victims of human trafficking
ARTICLE 49 –
(1) The residence permit granted to allow for recovery and reflection may be renewed for six months
periods for reasons of safety, health or special circumstances of the victim. However, the total
duration shall not exceed three years under any circumstances whatsoever.
(2) The residence permit shall be cancelled in cases where it is determined that foreigners who are
victims of trafficking or might be victims of human trafficking have re-connected with the
perpetrators of the crime through their own volition.
SECTION THREE
Stateless Persons
18
Determination of statelessness
ARTICLE 50 –
(1) The statelessness status shall be determined by the Directorate General. Stateless persons shall be
issued a Stateless Person Identification Document, which entitles such persons the right to legally
reside in Turkey. Persons, who are in the process of being considered as stateless in another
country shall not benefit from this right.
(2) Stateless persons shall obtain a Stateless Person Identification Document. The governorates shall
issue this document, upon approval of the Directorate General. This document shall substitute a
residence permit and shall be renewed by the governorates every two years without subject to any
fee. The Stateless Person Identification Document shall bear the foreigner identification number.
(3) The duration of stay in Turkey with a Stateless Person Identification Document shall count
towards the total duration of residence.
(4) The Stateless Person Identification Document shall no more be valid upon acquisition of the
nationality of another country.
(5) The principles and procedures concerning the determination of statelessness and the issuance of
the Stateless Person Identification Document shall be stipulated in a Directive.
Rights and guarantees granted to stateless persons
ARTICLE 51 –
(1) Persons holding a Stateless Person Identification Document:
a) may apply to obtain any of the residence permits set out in this Law;
b) shall not be deported unless they pose a serious public order or public security threat;
c) are not be subject to the reciprocity requirement sought in procedures concerning foreigners;
ç) are subject to the provisions of the Law № 4817 in activities and actions regarding work permit;
d) are entitled to the provisions of Article 18 of the Law № 5682.
SECTION FOUR
Removal
Removal
ARTICLE 52 –
(1) Foreigners may be removed to their country of origin or a transit country or a third country by
virtue of a removal decision.
Removal decision
ARTICLE 53 –
(1) A removal decision shall be issued either upon instructions of the Directorate General or ex officio
by the governorates.
(2) The [removal] decision together with its reasons shall be notified to the foreigner, in respect of
whom a removal decision has been issued or, to his/her legal representative or lawyer. If the
foreigner, in respect of whom the removal decision has been issued, is not represented by a lawyer,
the foreigner or his/her legal representative shall be informed about the consequence of the
decision, procedures and time limits for appeal.
19
(3) Foreigner, legal representative or lawyer may appeal against the removal decision to the
administrative court within fifteen days as of the date of notification. The person who has
appealed against the decision to the court shall also inform the authority that has ordered the
removal regarding the appeal. Such appeals shall be decided upon within fifteen days. The
decision of the court on the appeal shall be final. Without prejudice to the foreigner’s consent, the
foreigner shall not be removed during the judicial appeal period or in case of resort to the
judgement with the exception of ones within the scope of (b), (d) and (k) subparagraphs of the
first paragraph and second paragraph of Article 54.4
Persons subject to a removal decision
ARTICLE 54 –
(1) A removal decision shall be issued in respect of those foreigners listed below who/whose:
a) are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237;
b) are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal
organisation;
c) submit untrue information and false documents during the entry, visa and residence permit
actions;
ç) made their living from illegitimate means during their stay in Turkey;
d) pose a public order or public security or public health threat;
e) has overstayed their visa or the visa exemption period for more than ten days or, whose visas are
cancelled;
f) residence permits are cancelled;
g) overstayed the expiry date of the duration of their residence permit for more ten days without an
acceptable reason;
ğ) are determined to be working without a work permit;
h) breach the terms and conditions for legal entry into or exit from Turkey;
ı) are determined to have entered into Turkey despite an entry ban to Turkey;
i) international protection claim has been refused; are excluded from international protection;
application is considered inadmissible; has withdrawn the application or the application is
considered withdrawn; international protection status has ended or has been cancelled, provided
that pursuant to the other provisions set out in this Law they no longer have the right of stay in
Turkey after the final decision.
j) fail to leave Turkey within ten days in cases where their residence permit renewal application has
been refused.
k) (Annex: 3/10/2016-KHK-676/36 article) are evaluated as being associated with terrorist
organizations which have been defined by international institutions and organizations.
(2) (Amendment: 3/10/2016-KHK-676/36 article) A removal decision may be issued at
every stage of international protection proceedings in respect of international protection

4 With the Article 35 of Delegated Legislation dated 3/10/2016 and numbered 676, statement of
“excluding the ones within the scope of (b), (d) and (k) subparagraphs of the first paragraph and second
paragraph of Article 54” has been added to come after the statement of "in case of” taking place in this
paragraph.
20
applicants or international protection beneficiaries who are evaluated as being within the
scope of (b), (d) and (k) subparagraphs of the first paragraph of this Article.
Exemption from removal decision
ARTICLE 55 –
(1) Removal decision shall not be issued in respect of those foreigners listed below regardless of
whether they are within the scope of Article 54:
a) when there are serious indications to believe that they shall be subjected to the death penalty,
torture, inhuman or degrading treatment or punishment in the country to which they shall be
returned to;
b) who would face risk due to serious health condition, age or, pregnancy in case of travel;
c) who would not be able to receive treatment in the country to which they shall be returned while
undergoing treatment for a life threatening health condition;
ç) victims of human trafficking, supported by the victim’s assistance programme;
d) victims of serious psychological, physical or sexual violence, until their treatment is completed.
(2) Assessment within the scope of the first paragraph shall be made on case by case basis. These
persons may be asked to reside at a given address and report to authorities in form and periods as
requested.
Summons to leave Turkey
ARTICLE 56 –
(1) Where a removal decision has been issued, foreigners shall be granted a period no less than fifteen
days and up to thirty days to leave Turkey, provided that this period is stated in the removal
decision. However, this period shall not be granted to foreigners who: bear the risk of absconding
or disappearing; have breached the terms and conditions of legal entry and exit; used false
documents; attempted to obtain or are determined to have obtained a residence permit with false
documents; pose a public order, public security, public health threat.
(2) A Leave Permit shall be issued to persons for whom a period to leave Turkey is granted. This
document shall not be subject to any fees, without prejudice to the visa and residence permit fees
as well as obligations related to penalties thereof.
Administrative detention and duration of detention for removal purposes
ARTICLE 57 –
(1) Where foreigners within the scope of Article 54 are apprehended by law enforcement units, they
shall immediately be reported to the governorate for a decision to be made concerning their status.
With respect to those where a removal decision is considered necessary it shall be issued by the
governorate. The duration of assessment and decision-making shall not exceed forty-eight hours.
(2) Those for whom a removal decision have been issued, the governorate shall issue an
administrative detention decision for those who; bear the risk of absconding or disappearing;
breached the rules of entry into and exit from to Turkey; have used false or fabricated documents;
have not left Turkey after the expiry of the period granted to them to leave, without an acceptable
excuse; or, pose a threat to public order, public security or public health. Foreigners subject to
21
administrative detention shall be taken to removal centres within forty-eight hours of the decision
by the [same] law enforcement unit that apprehended them.
(3) The duration of administrative detention in removal centres shall not exceed six months.
However, in cases where the removal cannot be completed due to the foreigner’s failure of
cooperation or providing correct information or documents about their country [of origin], this
period may be extended for a maximum of six additional months.
(4) The need to continue the administrative detention shall be regularly reviewed monthly by the
governorates, and when consider it necessary. For those foreigners where administrative detention
is no longer considered necessary, the administrative detention shall immediately be ended. These
foreigners may be required to comply with administrative obligations such as to reside at a given
address and report to the authorities in form and periods to be determined.
(5) The administrative detention decision, the extension of the administrative detention period and
the results of the monthly regular reviews together with its reasons shall be notified to the
foreigner or, to his/her legal representative or lawyer. If the person subject to administrative
detention is not represented by a lawyer, the person or his/her legal representative shall be
informed about the consequence of the decision, procedure and time limits for appeal.
(6) The person placed under administrative detention or his/her legal representative or lawyer may
appeal against the detention decision to the Judge of the Criminal Court of Peace. Such an appeal
shall not suspend the administrative detention. In cases where the petition is handed to the
administration, it shall immediately be conveyed to the competent Judge of the Criminal Court of
Peace. The Judge of the Criminal Court of Peace shall finalise the assessment within five days.
The decision of the Judge of the Criminal Court of Peace shall be final. The person placed under
administrative detention or his/her legal representative or lawyer may further appeal to the Judge
of the Criminal Court of Peace for a review should that the administrative detention conditions
no longer apply or have changed.
(7) Those who appeal against an administrative detention action but do not have the means to pay the
attorney’s fee shall be provided legal counsel upon demand, pursuant to the Legal Practitioner’s
Law № 1136 of 19/03/1969.
Removal centres
ARTICLE 58 –
(1) Foreigners subject to administrative detention shall be held in removal centres.
(2) The removal centres shall be operated by the Ministry. The Ministry may have these centres
operated by public institutions and agencies, the Turkish Red Crescent Association or non-profit
associations with expertise in the field of migration by means of a protocol.
(3) The principles and procedures related to the establishment, management, outsourcing, inspection
of removal centres and the transfer of foreigners subject to administrative detention to removal
centres for removal purposes shall be regulated with a Directive.
Services provided in removal centres
ARTICLE 59 –
(1) In the removal centres:
a) emergency and primary healthcare services of which the foreigner is unable to cover the cost shall
22
be provided free of charge;
b) the foreigner shall be allowed access to and given the opportunity to meet with their relatives, the
notary public, his/her legal representative and the lawyer, as well as access to telephone services;
c) the foreigner shall be given the opportunity to meet with the visitors, consular official of their
country of citizenship, and officials of the United Nations High Commissioner for Refugees;
ç) the best interest of the child shall be considered, and families and unaccompanied minors shall be
accommodated in separate areas;
d) the Ministry of National Education shall take the necessary measures to ensure that children have
access to education.
(2) Representatives of the relevant non-governmental organisations with expertise in the field of
migration may visit the removal centres upon permission of the Directorate General.
Implementation of the removal decision
ARTICLE 60 –
(1) The foreigners at removal centres shall be taken to border gates by law enforcement unit.
(2) Foreigners to be removed without being required to transfer to removal centres shall be taken to the
border gates by law enforcement units through coordination of the provincial units of Directorate
General.
(3) Foreigners to be removed shall cover their own travel costs. In cases where foreigners are unable to
cover such costs, the full or remaining cost of travel shall be met from the budget of the Directorate
General. A ban on entering Turkey may be imposed on such foreigners as long as the costs are not
reimbursed.
(4) The Directorate General may cooperate with international organisations, the authorities in the
relevant country, and non-governmental organisations to carry out the removal.
(5) Passports or other documents belonging to foreigners may be retained until the foreigners are
removed and their tickets may be cashed for use in the removal.
(6) Natural or legal persons are responsible for covering the costs related to the removal of foreigners
whose stay and return they have guaranteed. Subparagraph three of Article 21 of Law № 4817 shall
apply to employers or agents of employers that employ the foreigner without a work permit with
respect to their obligations in the removal of such foreigners.
PART THREE
INTERNATIONAL PROTECTION
SECTION ONE
Types of International Protection, Exclusion from International Protection
23
Refugees
ARTICLE 61 –
(1) A person who as a result of events occurring in European countries and owing to well-founded
fear of being persecuted for reasons of race, religion, nationality, membership of a particular
social group or political opinion, is outside the country of his citizenship and is unable or, owing
to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not
having a nationality and being outside the country of his former residence as a result of such
events, is unable or, owing to such fear, is unwilling to return to it, shall be granted refugee status
upon completion of the refugee status determination process.
Conditional refugees
ARTICLE 62 –
(1) A person who as a result of events occurring outside European countries and owing to wellfounded fear of being persecuted for reasons of race, religion, nationality, membership of a
particular social group or political opinion, is outside the country of his nationality and is unable
or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or
who, not having a nationality and being outside the country of former habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted
conditional refugee status upon completion of the refugee status determination process.
Conditional refugees shall be allowed to reside in Turkey temporarily until they are resettled to a
third country.
Subsidiary Protection
ARTICLE 63 –
(1) A foreigner or a stateless person, who neither could be qualified as a refugee nor as a conditional
refugee, shall nevertheless be granted subsidiary protection upon the status determination because
if returned to the country of origin or country of [former] habitual residence would:
a) be sentenced to death or face the execution of the death penalty;
b) face torture or inhuman or degrading treatment or punishment;
c) face serious threat to himself or herself by reason of indiscriminate violence in situations of
international or nationwide armed conflict;
and therefore is unable or for the reason of such threat is unwilling, to avail himself or herself of
the protection of his country of origin or country of [former] habitual residence.
Exclusion from international protection
ARTICLE 64 –
(1) The applicant shall be excluded from international protection if:
(a) receiving protection or assistance from organs or agencies of the United Nations other than the
United Nations High Commissioner for Refugees;
(b) recognised by the authorities of the country of [former] residence as having the rights and
obligations which are attached to the nationals of that country;
(c) there is strong evidence to believe that they are guilty of offences specified in paragraph one of
24
Article 1 of the Convention.
(2) When protection or assistance for a person who falls within the scope of sub-paragraph (a) of the
first paragraph is no longer available for any reason whatsoever, such person may benefit from
protection provided for by this Law, unless a final solution to is reached on their status on the
basis of UN General Assembly resolutions.
(3) In cases where there is evidence to believe that the applicant, prior to international protection
claim, have committed inhuman acts for any reason whatsoever outside of Turkey, the assessment
shall be done pursuant to subparagraph (c) of the first paragraph.
(4) Applicants that i
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