For foreigners who wish to live, work, study, invest or acquire citizenship in Turkey, the legal procedures are often complex, multi-stage and bound by strict time limits. The rejection of a residence permit application, the non-renewal of a work permit or an unexpected deportation decision can suddenly affect a person's entire life in Turkey. What is more, the correspondence conducted with the administrative authorities, the forms of application and the periods for filing an action in these processes all require technical knowledge. As Av. Aydın, we offer our clients holistic support at every stage of the law on foreigners and citizenship, from residence and work permits to citizenship applications, and from objections to deportation to international protection. Setting the process up correctly from the outset with an experienced Izmir immigration lawyer both forestalls losses of rights and ensures that the application and litigation processes rest on a sound footing.
Our Services as an Immigration and Citizenship Lawyer
The law on foreigners and citizenship is a broad field that encompasses a great deal of legislation and administrative practice, above all the Turkish Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu) and the Turkish Citizenship Law No. 5901 (Türk Vatandaşlığı Kanunu). This field may involve both individual applications and the transactions of companies relating to the employment of foreign personnel. An Izmir immigration lawyer must both establish the correct documents and procedure at the stage of the administrative application and be able to make effective use of the judicial route against unfavourable decisions. Our principal areas of service are the following:
- Residence permit applications: The preparation and renewal of applications relating to the different types of residence permit (ikamet izni), such as short-term, family, student, long-term and humanitarian permits, and the conduct of objection and litigation processes against rejected applications.
- Work permit applications: The preparation of the work permit (çalışma izni) applications required for foreigners to be able to work in Turkey, legal advice on applications made by the employer, and the assessment of the routes of application against rejected requests.
- Acquisition of Turkish citizenship: The preparation of applications relating to the acquisition of Turkish citizenship through the general route, the exceptional route and the investment route such as the acquisition of immovable property, and the monitoring of the process.
- Annulment of deportation (deport) and administrative detention decisions: The bringing of an action for annulment before the competent administrative court, on behalf of foreigners against whom a deportation or administrative detention decision has been issued, and the meticulous monitoring of the process.
- International protection and asylum applications: The provision of legal support to those who lodge a request for international protection, both in the application and assessment processes and at the stage of objecting to unfavourable decisions.
- Visa disputes: The assessment of disputes arising over such matters as visa applications, visa violations and entry bans (restriction codes, tahdit kodu), and the identification of the appropriate legal routes.
- Acquisition of immovable property by foreigners: The assessment of the limits set by the legislation on the acquisition of immovable property by foreign natural persons in Turkey, land registry transactions and advice on the citizenship process connected to them.
- Recognition and enforcement of foreign court judgments: The conduct of recognition and enforcement actions brought in order that judgments rendered by a foreign court or authority may produce legal effect in Turkey.
- Marriage and divorce involving a foreign element: The recognition of marriages contracted between a Turkish citizen and a foreigner or between two foreigners, divorce actions involving a foreign element, and the assessment of related disputes such as custody and maintenance.
- Legal advice: General advice to foreigners who wish to live, work or invest in Turkey and to companies that employ foreign personnel, on matters of status, application and compliance.
In all of these services, an Izmir immigration lawyer plays a decisive role both in charting the correct road map at the stage of the administrative application and in making effective use of the judicial route against unfavourable administrative transactions. As Av. Aydın, our fundamental aim is to offer our foreign clients and the employers who employ foreign personnel predictable legal support that is in line with the current legislation from the very beginning of the process.
Types of Residence Permit
Foreigners who wish to remain in Turkey for longer than the period afforded by a visa or by a visa exemption, or for longer than ninety days, must, as a rule, obtain a residence permit. The Turkish Law No. 6458 on Foreigners and International Protection divides the residence permit into different types. Which type is to be requested is determined according to the purpose of the person's presence in Turkey, and making the application in the correct type is important for the healthy progress of the process.
Principal Types of Residence Permit
- Short-term residence permit: Granted to foreigners who wish to remain in Turkey for such purposes as tourism, setting up a business, medical treatment, ownership of immovable property or scientific research. In practice it is one of the most frequently applied-for types of permit.
- Family residence permit: A permit granted to the spouse of a Turkish citizen or of a foreigner lawfully present in Turkey, and to their children who meet certain conditions. It serves the purpose of protecting the unity of the family.
- Student residence permit: A type of permit granted, for the duration of their studies, to foreigners who are to pursue formal education at a higher education institution in Turkey.
- Long-term residence permit: A type of permit that may be granted without a time limit to foreigners who meet the conditions of uninterrupted residence and the other conditions laid down in the law.
- Humanitarian residence permit: An exceptional type of permit that may be granted in certain situations, such as the higher interest of the person or public order, even where the ordinary conditions for a permit are not met.
The problems most frequently encountered in residence permit applications are the submission of missing or erroneous documents, the making of the application in the wrong type, the missing of time limits, and the failure to establish correctly the conditions relating to address and to means of subsistence. There is a right to bring an action before the administrative jurisdiction against rejected applications. An Izmir immigration lawyer reduces the risk of rejection by ensuring that the application is made in the most appropriate type and completely; and, in the event of an unfavourable decision, undertakes that the action for annulment is brought in due time and on strong grounds.
The Work Permit Process
Foreigners who wish to work at a workplace in Turkey are required, save for the exceptions laid down in the law, to obtain a work permit. The work permit application is, as a rule, made through the employer who is to employ the foreigner, and once the permit is obtained the possibility of residing and working lawfully in Turkey arises without the need for a separate residence permit. In this process, the obligations of the employer, the type of application and the qualifications of the foreigner play an important role.
Work permits may take the form of a fixed-term, an indefinite-term or an independent work permit. For qualified foreigners who meet certain conditions there are also special arrangements such as the Turquoise Card (Turkuaz Kart). In the event of the rejection of the application, the routes of administrative objection and of litigation come into play. For employers, on the other hand, failure to comply with the obligations relating to the employment of foreigners may lead to administrative sanctions. For this reason, both the foreign employee and the employer working with an Izmir immigration lawyer from the very beginning of the process is important, both for the healthy conduct of the application and for the prevention of possible sanctions.
Ways of Acquiring Turkish Citizenship
The subsequent acquisition of Turkish citizenship is possible by different routes within the framework of the Turkish Citizenship Law No. 5901. Each route has its own conditions and its own assessment process. Making the application by the correct route and completely prevents the unnecessary prolongation of the process.
Principal Routes to Citizenship
- Acquisition by the general route: A route based on an assessment made upon the application of foreigners who have resided uninterruptedly in Turkey for the period laid down in the law, who meet conditions such as general health and good conduct, and who have established a bond with Turkey. On this route, the acquisition of citizenship is subject to the discretion of the competent authority.
- Acquisition by the exceptional route: An exceptional route provided for foreigners who make a significant contribution to Turkey in the fields of industry, science, culture or the economy, or who are in the special situations laid down in the law.
- Acquisition through investment: A route that, where the conditions laid down in the law are met, affords the possibility of acquiring Turkish citizenship through types of investment such as the acquisition of immovable property above a certain amount, fixed capital investment, the creation of employment or a bank deposit. On this route, the documentation of the investment and the preservation of the conditions are particularly important.
- Acquisition through marriage: A route provided for foreigners who have lived within the union of marriage with a Turkish citizen for the period laid down in the law and who are assessed as actually living together within the unity of the family. This route rests on the principle that the marriage is based on a genuine family union.
The problems most frequently encountered in citizenship applications are the making of an application before the conditions are fully met, deficiencies in the documents, the failure to document correctly the amount or nature of the investment, and the incomplete monitoring of the administrative correspondence during the application process. An Izmir immigration lawyer assesses which route is most appropriate for the applicant, examines whether the conditions are met, and ensures that the application file is prepared completely.
Objecting to Deportation (Deport) and Administrative Detention Decisions
Deportation (deport) is the transaction whereby the foreigner in respect of whom a decision has been issued is removed from Turkey. Administrative detention, on the other hand, denotes the holding of the person in a removal centre until the deportation process is completed. Because these decisions directly affect the person's fundamental rights and freedoms, their lawfulness must be reviewed with care.
The bringing of an action before the competent administrative court against a deportation decision is of critical importance for securing the judicial review of the lawfulness of the decision.
The Law No. 6458 affords the possibility of an application to the administrative court against a deportation decision. Compliance with the period laid down for this application is of the utmost importance; where the period is missed, the right to bring an action may be lost. Against administrative detention decisions, on the other hand, the route of objection to the magistrate's court in criminal matters (sulh ceza hâkimliği) is provided. In addition, the legislation contains safeguards to the effect that, in certain situations, the person may not be deported. An Izmir immigration lawyer, by commencing the objection and litigation processes against deportation and administrative detention decisions in due time and by bringing to the fore the elements in the file that are favourable to the person, can conduct an effective legal process for the protection of the person's rights.
International Protection and Visa Disputes
For foreigners who cannot or do not wish to return to their own country, the Law No. 6458 affords the possibility of making an application for international protection. International protection offers a framework encompassing the statuses of refugee, conditional refugee and subsidiary protection. The application is made to the competent authority and is assessed according to the situation of the person. Against unfavourable decisions there are the routes of objection and of litigation laid down in the law. The correct conduct of this process may be decisive for the person's status in Turkey.
Visa disputes, on the other hand, cover such matters as the rejection of visa applications, the violation of the visa period and the entry ban (restriction codes, tahdit kodları) that may be applied in connection with it. The type and duration of the bans applied on entry to Turkey vary according to the person's past transactions. It may be possible to have these bans lifted or to object to them; however, each situation must be assessed within its own circumstances. An Izmir immigration lawyer strengthens the person's legal security in international protection and visa disputes by ensuring that the application and the objection are made in the correct form.
Fees of an Izmir Immigration Lawyer
In the law on foreigners and citizenship, the lawyer's fee is one of the foremost matters that most people wonder about at the start of the process. The most important factor determining the fee is the type of the work, its scope and the anticipated workload. Preparing a residence permit application and conducting an action before the administrative jurisdiction against a rejected citizenship application differ significantly in terms of the labour and expertise they require. The table below has been prepared with the aim of offering a general framework as to fees; it is intended to show the logic and the factors, not a definite figure.
| Type of Transaction / Action |
Principal Factors Affecting the Fee |
| Preparation of a residence permit application |
The type of permit, the scope of the document preparation and the urgency of the application |
| Advice on a work permit application |
The type of application, the employer's obligations and the qualifications of the foreigner |
| Turkish citizenship application (general / exceptional / investment) |
The route of application, the documentation of the conditions and the volume of the file |
| Action for the annulment of a deportation / administrative detention decision |
The urgency of the transaction, the state of the file and the scope of the litigation process |
| Recognition and enforcement action |
The nature of the foreign judgment, the notification process and the course of the proceedings |
| Legal advice / preliminary consultation |
The scope of the matter and the examination it requires |
Lawyers' fees may under no circumstances be set below the Minimum Attorney Fee Tariff (Avukatlık Asgari Ücret Tarifesi, AAÜT) published each year by the Union of Turkish Bar Associations. This tariff guarantees the minimum value of the legal service and constitutes the lower limit of the fee. The fee to be set above the tariff, on the other hand, is freely agreed according to the particular features of the work, the labour to be expended and the requirement of expertise. As Av. Aydın, after assessing your file at the preliminary consultation and clarifying the scope, we provide transparent information about the fee; it would not be a correct approach to commit to a definite figure without examining the concrete matter.
A distinction that is frequently confused should also be pointed out here. The attorney's fee paid to the lawyer is the consideration for the legal service and rests on the contract between the client and the lawyer. By contrast, application and litigation costs are the items paid to the State or to third parties during the process, such as charges, application and card fees, translation and notary expenses, notification and expert-witness costs. These two items are independent of each other. Moreover, depending on the outcome of an action brought, the counterparty attorney's fee that the court may impose on the other side may also come into play; this fee is a concept distinct from the fee in the contract made with the lawyer. When working with an Izmir immigration lawyer, discussing these items openly from the outset forestalls surprise costs and makes the process predictable.
Who Is the Best Immigration Lawyer in Izmir?
One of the questions most frequently searched for on the internet is "who is the best immigration lawyer in Izmir". It should be stated honestly that there is no single "best" lawyer that holds good for every file. The correct expression is not the "best" lawyer, but the lawyer most suited to your matter. For every file in the law on foreigners and citizenship has its own particular circumstances, type of application, situation of status and time limits. A lawyer experienced in a residence permit application may not display the same expertise in a recognition-and-enforcement action of an altogether different character. For this reason, focusing on finding the lawyer suited to the requirements of your matter, rather than on the search for the "best", is far healthier.
Some criteria that can be considered when choosing a good immigration lawyer are the following:
- Experience and area of specialisation: The lawyer's accumulated experience in the field of the law on foreigners and citizenship and in matters close to your own is important.
- Command of the legislation: This field rests on frequently updated legislation; a good lawyer follows closely the current arrangements and administrative practice.
- Communication and transparency: Working with a lawyer who explains the process in an understandable way, presents a realistic picture and makes no inflated promises inspires confidence. Being able to convey the process clearly to foreign clients is also important.
- Care over time limits and monitoring: Not missing the periods for applications and actions is decisive in this field; meticulous monitoring is of great importance.
- Commitment to professional ethics: A lawyer who makes an honest and realistic assessment, rather than one who gives guarantees such as "we will certainly obtain citizenship" or "we will definitely have the deportation decision annulled", should be preferred.
It should be understood that no lawyer can guarantee the outcome in advance in the law on foreigners and citizenship, because the decisions depend on the assessment of the administrative authorities and the courts. When choosing an Izmir immigration lawyer, preferring a lawyer who assesses your file honestly and clearly explains the possible scenarios, rather than one who promises you a certain result, will be in your interest over the long term.
Our Approach as Av. Aydın
The law on foreigners and citizenship is a technical field, resting on frequently updated legislation, in which the processes of administrative application and the administrative jurisdiction are intertwined. The particular circumstances of each file, its situation of status and its time limits call for a different legal approach. As Av. Aydın, we first assess the person's status and purpose in Turkey as a whole, determine which route of application or of litigation is most appropriate, and work from the very start of the process to forestall potential losses of rights.
We support our foreign clients in Izmir and the surrounding region and the employers who employ foreign personnel at every stage, from residence and work permit applications to citizenship files, and from litigation processes against deportation and administrative detention decisions to applications for international protection. Our aim is not merely to prepare an application; it is to plan all the stages of the process in a predictable manner and to place the person's legal status on a sound footing. The losses of rights most frequently encountered in this field stem from the missing of the periods for applications and actions, the submission of missing or erroneous documents, the making of the application in the wrong type, and the overlooking of changes in the current legislation.
Facing a legal process in a foreign country is, for most people, a source of anxiety on account of differences of language and of legislation. Having an experienced legal adviser at your side in this process both protects your rights and ensures that the process advances more predictably and with less strain. For any question concerning the law on foreigners and citizenship, whether you have need of an individual application or of corporate advice, you are welcome to contact our office.
