The subject of Foreigners Law is generally the legal status, rights, obligations and statuses of real persons in a foreign country.
After determining the nationality in terms of legal entities, only the legal situation regarding the foreign status can be examined.
In some international multilateral conventions, the nationality of the person is not important in terms of protection mechanism.Everyone benefits from the same protection. For example, according to the European Convention on Human Rights, everyone, including stateless persons, has the right to apply to the european court of human rights (ECtHR).
In the Republic of Turkey, Foreigners Law is organized as a sub-branch of the law of nations.It is accepted that it is in close relationship with other branches of law such as Public International Law and Administrative Law.
It should be stated that the regulations included in the Law of Foreigners include the rules to be applied only in times of peace.In case of war, it may not be possible to apply the regulations in the Law of Foreigners.
At the Geneva Meeting dated 1892, the foreigner was defined as follows.""A person who is in the country of a state and does not have the right to claim the nationality of that state"
In the 1985 UN General Assembly Declaration on the Human Rights of Individuals who are not nationals of the country they live in, the foreigner is defined as follows.""An individual who is not a citizen of the country of residence"
Since the concept of foreigner includes citizen of another state as well as stateless persons, the definition made only on nationality is not sufficient.However, it is not possible to leave the term of nationality while defining a foreigner.
Nationality is the legal relation between the state and the person.
If we need to classify foreigners according to their nationality, we can classify them as follows.
Foreign state nationals,
Those who have multiple nationalities,
stateless persons
Refugees
Privileged foreigners
Foreigners with special status.
What are the general principles regarding Foreigners' rights in International Law?
There is no law rule obliging states to grant the same rights to foreigners with their nationals in every field.
There is no general principle regarding full equality between foreigners and nationals.
States are not obliged to admit foreigners to their countries, but are obliged to treat people who enter their countries at the level of civilization.
Approaching and accepting foreigners as a legal personality, respecting the dignity of foreigners, and granting the right to apply for legal remedies when needed are among the generally accepted principles.
In addition, we can say that progress has been made in the method of determining principles by international organizations in the form of "standard setting".
The European Court of Human Rights stated in a decision as follows. "By being a party to the European Convention on Human Rights, the Contracting State is deemed to have accepted to apply the said rights and freedoms to everyone living within its borders, regardless of their nationality."
The charter of the united nations also stipulated that everyone's human rights and fundamental freedoms be respected without any discrimination.
It is stated that all the rights included in the Universal Declaration of Human Rights are open to everyone.
"Declaration on the Human Rights of Individuals Who Are Not Nationalities of Their Country of Residence" 1985
"International Convention on the Elimination of All Forms of Racial Discrimination" 1969
"European Convention on Human Rights" 1953
Status of "foreigners" according to Turkish Law
In the Constitution of the Republic of Turkey, fundamental rights and freedoms is recognized to "everyone" without distinction of foreign or citizens.
In addition, if restrictions are to be made, it must be in accordance with international law and restrictions must be imposed only by law.
Turkish Citizenship Law No.5901 has been regulated to determine the procedures and principles regarding the acquisition and loss of Turkish citizenship.The law includes the procedures for regulating the principles regarding the acquisition and loss of Turkish citizenship and the execution of citizenship services.
Foreigners in the law, "persons without citizenship ties with the Republic of Turkey " was defined as.
Turkey is party to many international conventions on the legal status of foreigners.Bilateral travel and residence agreements, agreements on the prevention of double taxation, and foreign investment agreements can be given as examples.
"Foreigners of Turkish origin" are accepted as privileged foreigners in our country. People with Turkish origin were given privileges in work, residence, profession and artistic performance and other issues.
Immigrants are also in the status of privileged foreigners
In Turkey, there is no separate law regulating the rights of foreigners under the Law of Foreigners name.
Every state has the right and authority to close its borders against foreigners who want to enter their country.
"Everyone has the right to leave any country including theirs and return to their own."Universal Declaration of Human Rights 13/2
TVK article 8/1"A child born in Turkey, if not win the citizenship of any country due to foreign mother and father is a Turkish citizen from birth."
Subsequent acquisition of citizenship in Turkish Law:
TVK article 9-1: Turkish citizenship acquired later is realized by the decision of the competent authority or by adoption or by using the right to choose.
TVK article 10:A foreigner who wishes to acquire Turkish citizenship can acquire Turkish citizenship by the decision of the competent authority, if meets the conditions specified in this Law. However, meeting the required conditions does not provide an absolute right to acquire citizenship.
In the Law on Residence and Travel of Foreigners in Turkey, People who want to entry Turkey to benefit from the freedom of residence and travel, should be from people who are not prohibited by law, and entering the country in accordance with the Passport Law has been adopted as the basic principle.
To Foreign students, to foreigners who are married to Turks, to foreigner's spouse who have received a residence permit in Turkey, to foreigners who came for working, to foreigner arrival for tourism in a short time, a special residence permits can be granted. Upon expired residence permit, extension can be made up to four times. In this case, a foreigner who has a 5-year residence permit will be able to use the extension right for 20 years.
A foreigner in the acquisition process of Turkish citizenship, can be stayed outside Turkey not to exceed twelve months in wanted total residence time for the application.
The period spent outside Turkey will be evaluated within the period of residence accepted in this Code.
If the foreigner whose residence permit request is rejected does not leave the country automatically, will be deported.
To foreigners will work independently, work permit is granted by Ministry with the condition that they have resided and worked legally and uninterruptedly at least five years in Turkey. Foreigner can stay outside of Turkey, not to exceed six months. This does not cut the working time. However, the time spent outside Turkey is not considered as working hours.
despite the presence in Turkey by extension, if avoiding the residence permit for more than six months, work permits of them is deemed cut.
How to apply for a work permit in Turkey?
Foreigners, makes the first work permit application to the Republic of Turkey consulate in the country where they live.
The Consulate transmits these applications directly to the Ministry.
The Ministry evaluates the applications according to the 5th article by taking the opinions of the relevant authorities; work permits is granted to foreigners whose status is deemed appropriate.
Foreigners can work in Turkey until the end of the time specified in the work permit they have received from the consulates.
foreigners or their employers who have valid residence permit in Turkey may also make their application to the Ministry within the country.
Applications made duly, are finalized by the Ministry within thirty days at the latest, provided that the documents are complete.
What are the reasons for rejection of the work permit application?
Work permit or work permit extension request;
The situation in the labor market, developments in working life and changes in the sectoral and economic conjuncture regarding employment are not suitable for granting work permits,
For the job applied for, within four weeks, the finding of a person with the same qualifications to do that job,
Negative opinion of the Ministry of Interior,
In cases where the foreigner's work poses a threat to national security, public order, general order, public interest, public morality and general health, it is denied.
There is a right to appeal against the rejection decision of the Ministry within 30 days from the notification. There is the right to file a lawsuit against the decision made upon the objection or in the event of implied refusal, in accordance with the Administrative Law provisions.
How many types of employment visas have been issued?
Term visa
indefinite
Independent
Exceptional
It has been arranged in four different types.
In how many days does a foreigner who has a work permit have to obtain a residence permit?
the foreigner who is granted a work permit, from the date of entry into Turkey must be made within thirty days at the latest have applied for a residence permit.
Which professions are closed to foreigners?
Pharmacy, private security, lawyer, judge, prosecutor's office, notary public, customs brokerage, optician are some of the professions that are restricted for foreigners.
Can foreigners become members of an association?
If there is no provision in the Association's Charter stating that foreigners will not be admitted to membership, and if the board of directors does not make foreign citizens become a policy about refusing them to become a member of the association, there is no obstacle for the foreigner to become a member of the association if they meet the conditions required in the charter.
Can foreigners become members?
Foreigners can be members of a but cannot be a manager.
Can foreigners establish a political party?
Foreigners cannot establish a political party nor can they become a member.
Only citizens have the right to establish a political party and to become a member.
Rights of foreigners in the field of Civil Law:
There is no obstacle in a foreigners marriage in Turkey legally.
Turkey consulates are authorized in marriages performed outside.
However, foreigners to marry in Turkey, marital tie must be done in the presence of an officer.
In case of Turkish citizens abroad to marry, according to the legislation of a foreign state to be valid in Turkey of the marriage bond should not be carried out against the Turkish legislation.
Other rights of foreigners such as inheritance rights, acquisition of property, opening a bank account, establishing a company and education are also recognized.
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