- lexpera.com.tr/mevzuat/kanunlar/yabancilar-ve-uluslararasi-koruma-kanunu-6458
- mevzuat.gov.tr/MevzuatMetin/1.5.6458.pdf
- en.goc.gov.tr/kurumlar/goc.gov.tr/files/law%20on%20foreigners%20and%20international%20protection(3).pdf
Law No. 6458 on Foreigners and International Protection
Part 1 - Purpose, Scope, Definitions and Non-Refoulement
Chapter 1 - Purpose, Scope and Definitions
Article 1 - Purpose
1
The purpose of this Law is to regulate the principles and procedures regarding foreigners' entry into Turkey, their stay in Turkey and their exit from Turkey, as well as the scope and implementation of the protection to be provided to foreigners who request protection from Turkey.
Article 2 - Scope
1
This Law covers procedures and actions concerning foreigners; international protection to be provided for foreigners who seek protection as individuals at the borders, border gates or within Turkey, and temporary protection to be provided urgently to foreigners who have been forced to leave their country, cannot return to the country they left, and have arrived at or crossed our borders in a mass influx situation.
2
The provisions of international agreements to which Turkey is a party and special laws remain reserved in the implementation of this Law.
Article 3 - Definitions
1
In the implementation of this Law:
a
Family members: the spouse, minor child and dependent adult child of the applicant or the person who has international protection status,
b
European countries: member states of the Council of Europe and other countries to be determined by the President,
c
Minister: Minister of Interior,
ç
Ministry: Ministry of Interior,
d
Applicant: a person who has made an international protection request and for whom a final decision has not yet been made,
e
Child: a person who has not yet reached the age of eighteen and is not considered an adult,
f
Sponsor: Turkish citizen or legally resident foreigner who covers the expenses of foreigners coming to Turkey for family unification purposes and who is referenced by those requesting residence permits,
g
Director General: Director General of the Directorate of Migration Management,
ğ
Directorate General: Directorate General of Migration Management,
h
Entry and exit control: control procedures at border gates,
ı
Migration: regular migration denoting foreigners' legal entry into, stay in and exit from Turkey, irregular migration denoting foreigners' illegal entry into, stay in, exit from and work in Turkey without permission, and international protection,
i
Residential address: the place registered in the address registration system in Turkey,
j
Residence permit: the permit issued for staying in Turkey,
k
Consulate: consulates general, consulates or consular sections of embassies of the Republic of Turkey,
l
Person with special needs: among applicants and international protection status holders: unaccompanied minors, disabled persons, elderly people, pregnant women, single parents with children or persons who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence,
m
Unaccompanied minor: a child who arrives in Turkey or remains unaccompanied by an adult responsible for them by law or custom after entry into Turkey, unless they are effectively taken into the care of a responsible person,
n
Travel document: document that substitutes for a passport,
o
Border gate: border crossing point designated by Presidential decision for entry into and exit from Turkey,
ö
Final decision: decision made by the Directorate General if no administrative appeal is filed and no judicial review is sought, or a decision that cannot be appealed in case of judicial review, regarding the application of an applicant or the status of a person who has international protection status,
p
Convention: the Convention Relating to the Status of Refugees dated 28/7/1951, amended by the 1967 Protocol,
r
International protection: refugee, conditional refugee or subsidiary protection status,
s
Country of citizenship: the country of which the foreigner is a citizen, or each country in cases where the foreigner has multiple citizenships,
ş
Stateless person: a person who is not considered a citizen by any state and is considered a foreigner,
t
Visa: permission that grants the right to stay in Turkey for up to ninety days or for transit passage,
u
Visa exemption: arrangement that removes the requirement to obtain a visa,
ü
Foreigner: a person who does not have citizenship bonds with the Republic of Turkey,
v
Foreigner identification number: identification number issued to foreigners pursuant to the Population Services Law No. 5490 dated 25/4/2006,
y
Authorized intermediary institution: institution or organization whose qualifications and framework of duties are determined by regulation and which is authorized by the Directorate General,
z
Inadmissible passenger: a person who arrives at border gates to enter or transit through the country but is not permitted entry or transit passage due to not meeting the requirements in the legislation,
aa
Carrier: natural or legal person owners of land, air, sea and railway vehicles carrying foreign passengers, or commercial operators of land, air, sea and railway transportation,
denotes.
Article 4 - Non-refoulement
1
No one within the scope of this Law shall be returned to a place where they may be subjected to torture, inhuman or degrading punishment or treatment, or where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinions.
Part 2 - Foreigners
Chapter 1 - Entry into Turkey and Visas
Article 5 - Entry into and exit from Turkey
1
Article 6 - Document control
1
Foreigners must present their passport or document(s) substituting for passport to officials during entry into and exit from Turkey.
2
Document checks related to border crossings may also be carried out on vehicles while in transit.
3
Foreigners using transit areas of airports may be subject to control by authorized authorities.
4
During entry into Turkey, it shall be checked whether the foreigner falls within the scope of Article 7.
5
In implementing this article, those who need to undergo comprehensive control may be detained for up to four hours.
During this period, the foreigner may either return to their country at any time or, without being limited to the four-hour period, wait for the completion of procedures related to admission to the country.
Procedures and principles regarding comprehensive control shall be regulated by regulation.
Article 7 - Foreigners who will not be allowed to enter Turkey
1
The following foreigners shall be considered inadmissible passengers and shall not be allowed to enter Turkey and shall be refused entry:
a
Those who do not have a passport, document substituting for passport, visa or residence or work permit, and those whose documents or permits are found to have been obtained fraudulently or are found to be counterfeit
b
Those who do not have a passport or document substituting for passport valid for at least sixty days beyond the expiration of their visa, visa exemption period or residence permit
c
Subject to the provisions of the second paragraph of Article 15, foreigners listed in the first paragraph of Article 15, even if they fall within the scope of visa exemption
2
Actions related to this article shall be notified to the foreigners who are refused entry. The notification shall also include how foreigners can effectively exercise their rights to appeal against the decision and other legal rights and obligations in this process.
3
Foreigners falling under this article shall wait in designated areas at border gates until their procedures are completed.
Article 8 - Application regarding international protection request
1
The conditions set forth in Articles 5, 6 and 7 shall not be interpreted or applied in a way that prevents filing an application for international protection.
Article 9 - Entry ban to Turkey
1
The Directorate General may, when necessary and after obtaining opinions of relevant public institutions and organizations, prohibit entry of foreigners into the country whose entry into Turkey is deemed objectionable in terms of public order, public security or public health.
2
Entry into Turkey of foreigners who have been deported from Turkey shall be prohibited by the Directorate General or governorates.
3
The duration of an entry ban to Turkey shall be maximum five years.
However, in case of a serious threat to public order or public security, this period may be extended by the Directorate General for a maximum of ten more years.
4
For foreigners whose visa or residence permit has expired and who applied to governorates to leave Turkey before this situation was detected by authorized authorities, and about whom a deportation decision has been made, an entry ban decision may not be issued provided they have paid their administrative fines and have not exceeded the violation periods determined by the Ministry.
5
For those who were invited to leave Turkey pursuant to Article 56 and who left the country within the specified period, an entry ban decision may not be issued.
6
The Directorate General may lift the entry ban or, while maintaining the entry ban, permit the foreigner to enter Turkey for a specific period.
7
Entry of foreigners into the country may be made subject to prior permission by the Directorate General due to public order, public security or public health reasons; and by governorates due to administrative fines and public receivables.
8
Procedures and principles regarding the implementation of this article shall be determined by the Ministry.
Article 10 - Notification of entry ban to Turkey
1
Entry ban notifications shall be delivered to foreigners falling under the first paragraph of Article 9 by the authorized authority at border gates when they arrive to enter Turkey, and to foreigners falling under the second paragraph of Article 9 by governorates.
The notification shall also include how foreigners can effectively exercise their rights to appeal against the decision and other legal rights and obligations in this process.
Article 11 - Visa requirement, visa application and authorized authorities
1
Foreigners who will stay in Turkey for up to ninety days shall arrive after obtaining a visa stating their purpose of arrival from consulates in their country of citizenship or legal residence.
The duration of stay provided by a visa or visa exemption in Turkey cannot exceed ninety days within any one hundred and eighty day period.
2
For visa applications to be considered, applications must be made in accordance with proper procedures.
3
Visas do not provide an absolute right for entry into Turkey.
4
Visas are issued by consulates, and in exceptional cases, by governorates to which border gates are affiliated.
Applications made to consulates shall be concluded within ninety days.
5
Foreign diplomats may be issued visas directly by embassies of the Republic of Turkey.
These visas shall be immediately notified to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa issuance procedure.
These visas are not subject to fees.
6
Exceptionally, ambassadors of the Republic of Turkey may directly issue visas to foreigners whose visa issuance is deemed beneficial considering national interests.
Visas issued for this purpose shall be immediately notified to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa issuance procedure.
These visas are not subject to fees.
7
Procedures and principles regarding visa types and procedures shall be regulated by regulation.
Article 12 - Visa exemption
1
The following foreigners shall not be required to have a visa to enter Turkey:
a
Citizens of countries exempted from visa requirements through agreements to which the Republic of Turkey is a party or by Presidential decision
b
Those who have valid residence permits or work permits as of the date they will enter Turkey
c
Holders of special stamped passports for foreigners issued and not expired pursuant to Article 18 of the Passport Law No. 5682 dated 15/7/1950
ç
Those who are determined to fall within the scope of Article 28 of the Turkish Citizenship Law No. 5901 dated 29/5/2009
2
The following foreigners may not be required to have a visa to enter Turkey:
a
Persons from vehicles forced to use Turkish air and sea ports due to force majeure circumstances who will disembark in the port city
b
Persons arriving at seaports who intend to visit the port city or neighboring provinces for tourism purposes, provided that their stay does not exceed seventy-two hours
Article 13 - Visas issued at border gates
1
Foreigners arriving at border gates without a visa may exceptionally be issued a visa at border gates if they document that they will leave Turkey within the specified period.
2
Border visa is issued by governorates to which border gates are affiliated.
The governorate may delegate this authority to the law enforcement unit at the border.
Unless a different period is determined by the President, this visa provides the right to stay in Turkey for maximum fifteen days.
3
In issuing border visas, health insurance requirement may not be sought due to humanitarian reasons.
Article 14 - Airport transit visas
1
Airport transit visa requirement may be introduced for foreigners who will transit through Turkey.
Airport transit visas are issued by consulates to be used within maximum six months.
2
Foreigners who will be required to have airport transit visas shall be jointly determined by the Ministry and the Ministry of Foreign Affairs.
Article 15 - Foreigners who will not be issued a visa
1
Visa shall not be issued to the following foreigners:
a
Those who do not have a passport or document substituting for passport valid for at least sixty days longer than the requested visa period
b
Those who are banned from entering Turkey
c
Those who are considered objectionable in terms of public order or public security
ç
Those who carry diseases that are qualified as a threat to public health
d
Those who are accused of or convicted for crimes that constitute grounds for extradition of criminals according to agreements to which the Republic of Turkey is a party
e
Those who do not have valid health insurance covering their period of stay
f
Those who cannot justify their purpose of entry into, transit through or stay in Turkey with valid reasons
g
Those who do not have sufficient and regular financial means for their period of stay
ğ
Those who do not agree to pay debts arising from visa violations or previous residence permits, or debts that need to be collected according to Law No. 6183 dated 21/7/1953 on Collection Procedure of Public Receivables, or who do not agree to pay debts and penalties pursued according to Turkish Criminal Code No. 5237 dated 26/9/2004
2
Despite falling under this article, visa may be issued with the Minister's approval to those whose visa issuance is deemed beneficial.
Article 16 - Cancellation of visa
1
Visas shall be cancelled by visa-issuing authorities or governorates in the following cases:
a
Detection that it has been subject to forgery,
b
Discovery of erasure, scraping or alteration,
c
Prohibition of visa holder's entry into Turkey,
ç
Presence of strong suspicion that the foreigner may commit a crime,
d
If the passport or document substituting for passport is fraudulent or has expired,
e
Use of visa or visa exemption outside its purpose,
f
Discovery that conditions or documents on which the visa was based are invalid.
Article 17 - Notification of visa procedures
1
Procedures regarding visa refusal or visa cancellation shall be notified to the person concerned.
Article 18 - Authority of the President in visa and passport procedures
1
The President is authorized to:
a
Make agreements on determining procedures regarding passports and visas, and when deemed necessary, unilaterally lift visa requirements for citizens of certain states, introduce visa facilitation including exemption from visa fees, and determine visa periods,
b
In case of war or other extraordinary circumstances, impose passport records and conditions for foreigners covering part or all of the country,
c
Take any measures that set conditions or restrictions for foreigners' entry into Turkey.
Chapter 2 - Residence
Article 19 - Residence permit
1
Foreigners who will stay in Turkey longer than the period granted by their visa or visa exemption, or longer than ninety days, are required to obtain a residence permit.
A residence permit becomes invalid if not started to be used within six months.
Article 20 - Exemption from residence permit
1
The following foreigners shall be exempted from residence permit:
a
Those arriving with visa or visa exemption for up to ninety days, during their visa or visa exemption period
b
Holders of Stateless Person Identity Card
c
Diplomatic and consular officers on duty in Turkey
ç
Family members of diplomatic and consular officers on duty in Turkey who are reported by the Ministry of Foreign Affairs
d
Those working in representations of international organizations in Turkey whose status is determined by agreements
e
Those exempted from residence permit through agreements to which the Republic of Turkey is a party
f
Those falling within the scope of Article 28 of Law No. 5901
g
Document holders falling within the scope of first paragraphs of Articles 76 and 83
2
Foreigners specified in subparagraphs (c), (ç), (d) and (e) of the first paragraph shall be issued a document whose form and content are jointly determined by the Ministry and the Ministry of Foreign Affairs.
If these foreigners will continue to stay in Turkey after the circumstances providing exemption from residence permit cease to exist, they are obliged to apply to governorates for a residence permit within maximum ten days.
Article 21 - Residence permit application
1
Residence permit applications shall be made to consulates in the country of which the foreigner is a citizen or where they legally reside.
2
Foreigners who will apply for residence permit are required to have a passport or document substituting for passport valid for sixty days longer than the requested residence permit period.
3
If the information and documents required for application are incomplete, evaluation of the application may be postponed until the deficiencies are completed.
The person concerned shall be notified of the missing information and documents.
4
Consulates shall forward residence permit applications to the Directorate General along with their opinions.
The Directorate General, after obtaining opinions of relevant institutions when deemed necessary and concluding the applications, shall inform the consulate about issuing the residence permit or rejecting the application.
5
Applications shall be concluded within maximum ninety days.
6
Procedures regarding rejection of residence permit application shall be notified to the person concerned.
7
Residence permit applications may also be made through authorized intermediary institution.
In cases deemed necessary by the Ministry of Interior, authorized intermediary institutions may be assigned to provide residence permit intermediary services with contracts valid for maximum three years, provided that the intermediary service fee for residence permit is transferred to the general budget.
Has the authority to record the share to be received as special revenue in the general budget and to write special appropriations to the relevant allocations of the ministry budget.
Article 22 - Residence permit applications that can be made within Turkey
1
Residence permit applications may be made to governorates as an exception in the following cases:
a
In decisions or requests of judicial or administrative authorities
b
In cases where 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 humanitarian residence permits
e
For human trafficking victim residence permits
f
When transitioning from family residence permit to short-term residence permit
g
For applications made by parents who have residence permits in Turkey for their children born in Turkey
ğ
For applications to obtain a new residence permit suitable for the new purpose of stay due to termination or change of the grounds on which the current residence permit was issued
h
For residence permit applications made under the second paragraph of Article 20
ı
For transitions to short-term residence permit for those who have completed higher education in Turkey
Article 23 - Issuance and format of residence permits
1
Residence permits are issued for a duration sixty days shorter than the validity period of the passport or documents substituting for passport, dependent on the purpose of stay and separately for each foreigner.
2
The format and content of the residence permit shall be determined by the Ministry, while the format and content of the work permit substituting for residence permit shall be determined jointly by the Ministry and relevant institutions.
Article 24 - Extension of residence permits
1
Residence permits may be extended by governorates.
2
Extension applications shall be made to governorates starting from sixty days before the expiration of the residence permit and in any case before the residence permit expires.
Persons who apply for residence permit extension shall be issued a document not subject to fees.
These foreigners may reside in Turkey with this document until a decision is made regarding their case, even if their residence permit has expired.
3
Extended residence permits shall begin from the expiration date of the previous legal permit period.
4
Extension applications shall be concluded by governorates.
Article 25 - Rejection, cancellation or non-extension of residence permit requests made within Turkey
1
Rejection of residence permit requests made within Turkey, non-extension or cancellation of residence permits and notification of these procedures shall be carried out by governorates.
During these procedures, factors such as the foreigner's family ties in Turkey, period of residence, situation in country of origin and best interests of the child shall be taken into consideration and the decision regarding residence permit may be postponed.
2
Rejection of residence permit request, non-extension or cancellation shall be notified to the foreigner or their legal representative or lawyer.
The notification shall also include how the foreigner can effectively exercise their rights to appeal against the decision and other legal rights and obligations in this process.
Article 26 - Other provisions regarding residence permits
1
Periods spent by foreigners in prisons as detainees or convicts or in removal centers under administrative detention shall not be considered as violation of residence permit duration.
Existing residence permits of these persons may be cancelled.
Those among them who do not have a foreigner identification number may be issued a foreigner identification number without requiring a residence permit.
2
Foreigners who come to Turkey after obtaining residence and work permits from consulates are required to register in the address registration system within maximum twenty business days from the date of entry.
Article 27 - Considering work permit as residence permit
1
Valid work permit and Work Permit Exemption Verification Document issued pursuant to Article 10 of Law No. 4817 dated 27/2/2003 on Work Permits of Foreigners shall be considered as residence permit.
2
For issuance or extension of work permit, it is required that the foreigner does not fall within the scope of Article 7.
Article 28 - Interruption in residence
1
In implementing the provisions of this Law; stays outside Turkey exceeding six months in total within a year or one year within the last five years, excluding mandatory public service, education and health reasons, shall be considered as interruption in residence.
For residence permit applications or transitions to another residence permit by those who have interruption in their residence period, previous permit periods shall not be taken into account.
2
In calculating continuous residence permit periods, half of student residence permits and full duration of other residence permits shall be counted.
Article 29 - Transitions between residence permits
1
Foreigners may apply for a residence permit suitable for their new purpose of stay in case of termination of the grounds on which the residence permit was issued or emergence of different grounds.
2
Procedures and principles regarding transitions between residence permits shall be regulated by regulation.
Article 30 - Types of residence permits
1
Types of residence permits are as follows:
a
Short-term residence permit
b
Family residence permit
c
Student residence permit
ç
Long-term residence permit
d
Humanitarian residence permit
e
Human trafficking victim residence permit
Article 31 - Short-term residence permit
1
Short-term residence permit may be granted to the following foreigners:
a
Those who will come for scientific research purposes
b
Those who own immovable property in Turkey
c
Those who will establish business connections or business
ç
Those who will participate in on-the-job training programs
d
Those who will come for educational or similar purposes within the framework of agreements to which the Republic of Turkey is a party or student exchange programs
e
Those who will stay for tourism purposes
f
Those who will receive treatment provided they do not carry diseases qualified as a threat to public health
g
Those who must stay in Turkey based on request or decision of judicial or administrative authorities
ğ
Those transitioning from family residence permit to short-term residence permit
h
Those who will attend Turkish language learning courses
ı
Those who will participate in education, research, internship and courses in Turkey through public institutions
i
Those who apply within six months from graduation date after completing higher education in Turkey
j
Those who do not work in Turkey but will make investments in scope and amount to be determined by the President, and their foreign spouse, their minor or dependent foreign children and their spouse's minor or dependent foreign children
k
Citizens of the Turkish Republic of Northern Cyprus
2
Short-term residence permit, excluding subparagraphs (j) and (k) of the first paragraph, may be issued for maximum two-year periods each time.
3
Residence permits issued under subparagraph (h) of first paragraph may be issued maximum twice.
4
Residence permits issued under subparagraph (i) of first paragraph may be issued once for maximum one year.
5
Residence permits issued under subparagraphs (j) and (k) of first paragraph may be issued for maximum five-year periods.
Article 32 - Conditions for short-term residence permit
1
The following conditions are required for issuance of short-term residence permits:
a
To make a request by claiming one or more of the grounds listed in the first paragraph of Article 31 and submit information and documents related to this request
b
Not to fall within the scope of Article 7
c
To have accommodation conditions complying with general health and safety standards
ç
To submit, if requested, a document showing criminal record issued by competent authorities of the country of citizenship or legal residence
d
To provide address information where they will stay in Turkey
Article 33 - Rejection, cancellation or non-extension of short-term residence permit
1
In the following cases, short-term residence permit shall not be issued, if issued shall be cancelled, expired ones shall not be extended:
a
Failure to fulfill or cessation of one or more conditions required in Article 32
b
Determination that residence permit is used outside its purpose of issuance
c
Staying abroad for more than one hundred and twenty days in total within the last year
ç
Having a valid deportation or entry ban decision to Turkey
2
Procedures and principles regarding cancellation of residence permit in terms of duration of stay abroad shall be regulated by regulation.
Article 34 - Family residence permit
1
Family residence permit may be issued for up to three years each time to:
a
Foreign spouse,
b
Minor foreign child of the applicant or spouse,
c
Dependent foreign child of the applicant or spouse,
of Turkish citizens, those falling under Article 28 of Law No. 5901, or foreigners having one of the residence permits, as well as refugees and subsidiary protection status holders.
However, the duration of family residence permit shall in no way exceed the duration of the sponsor's residence permit.
2
In case of marriage with multiple spouses according to the law of country of citizenship, family residence permit shall be issued to only one of the spouses.
However, children from other spouses may also be issued family residence permit.
3
For children's family residence permit, consent of parent having joint custody outside Turkey, if any, is required.
4
Family residence permits provide the right to education in primary and secondary education institutions until the age of eighteen without obtaining student residence permit.
5
Those who have stayed in Turkey with family residence permit for at least three years and completed eighteen years of age may convert these permits to short-term residence permit upon request.
6
In case of divorce, short-term residence permit may be issued to foreigner married to Turkish citizen provided they have stayed with family residence permit for at least three years.
However, if it is established by relevant court decision that the foreign spouse has been victim of domestic violence, three-year period requirement shall not be sought.
7
In case of death of sponsor, short-term residence permit may be issued to those staying with family residence permit dependent on that person without duration requirement.
Article 35 - Conditions for family residence permit
1
The following conditions are required from sponsor in family residence permit applications:
a
To have monthly income not less than minimum wage in total and not less than one third of minimum wage per family member
b
To have accommodation conditions complying with general health and safety standards according to family population and have health insurance covering all family members
c
To document with criminal record that as of application date, not been convicted of any crimes against family order within five years
ç
To have been staying in Turkey with residence permit for at least one year
d
To be registered in address registration system
2
Subparagraph (ç) of first paragraph shall not apply to those having residence permit for scientific research or work permit, those falling under Article 28 of Law No. 5901, or foreigners married to Turkish citizens.
3
The following conditions are required from foreigners who will apply for family residence permit to stay with sponsor in Turkey:
a
To submit information and documents showing that they fall under first paragraph of Article 34
b
To demonstrate that they live or intend to live together with persons specified in first paragraph of Article 34
c
Not to have entered into marriage for purpose of obtaining family residence permit
ç
To be eighteen years old for each spouse
d
Not to fall within scope of Article 7
4
For refugees and subsidiary protection status holders in Turkey, conditions specified in first paragraph of this article may not be sought.
Article 36 - Rejection, cancellation or non-extension of family residence permit application
1
In the following cases, family residence permit shall not be issued, if issued shall be cancelled, expired ones shall not be extended:
a
Failure to meet or cessation of conditions required in first and third paragraphs of Article 35
b
Not being issued short-term residence permit after cessation of conditions for obtaining family residence permit
c
Having a valid deportation or entry ban decision to Turkey
ç
Determination that family residence permit is used outside its purpose of issuance
d
Staying abroad for more than one hundred and eighty days in total within the last year
2
Procedures and principles regarding cancellation of residence permit in terms of duration of stay abroad shall be regulated by regulation.
Article 37 - Family residence permit requested through arranged marriage
1
If there is reasonable suspicion before issuing or extending family residence permit, governorates shall investigate whether the marriage was conducted solely for the purpose of obtaining residence permit.
If as a result of investigation, it is determined that the marriage was conducted for this purpose, family residence permit shall not be issued, if issued shall be cancelled.
2
After issuing family residence permit, governorates may also conduct inspection regarding whether the marriage is arranged.
3
Residence permits obtained through arranged marriage and subsequently cancelled shall not be counted in summing up residence permit periods envisaged in this Law.
Article 38 - Student residence permit
1
Student residence permit shall be issued to foreigners who will study at an associate degree, undergraduate, graduate or doctoral level at a higher education institution in Turkey.
2
Student residence permit may be issued and extended for one-year periods during their education to foreigners who will study at primary and secondary level, whose care and expenses are undertaken by a natural or legal person, with the consent of their parents or legal representatives.
3
Student residence permit does not provide any rights for obtaining residence permit to student's parents and other relatives.
4
If the study period is less than one year, student residence permit duration cannot exceed the study period.
5
Residence permit may be issued during the study period to foreigners who will study in Turkey through public institutions and organizations.
Article 39 - Conditions for student residence permit
1
The following conditions are required for student residence permit:
a
To submit information and documents under Article 38
b
Not to fall within scope of Article 7
c
To provide address information where they will stay in Turkey
Article 40 - Rejection, cancellation or non-extension of student residence permit request
1
In the following cases, student residence permit shall not be issued, if issued shall be cancelled, shall not be extended:
a
Failure to meet or cessation of conditions required in Article 39
b
Emergence of evidence that education cannot be continued
c
Determination that student residence permit is used outside its purpose of issuance
ç
Having a valid deportation decision or entry ban to Turkey
Article 41 - Students' right to work
1
Students studying at associate degree, undergraduate, graduate and doctoral level in formal education in Turkey may work provided that they obtain work permit.
However, for associate degree and undergraduate students, right to work starts after first year and is regulated by relevant laws and Presidential decrees.
2
Procedures and principles regarding right to work of associate degree and undergraduate students shall be jointly regulated by the Ministry and Ministry of Labor and Social Security.
Article 42 - Long-term residence permit
1
Foreigners who have stayed in Turkey continuously for at least eight years with residence permit or who meet conditions determined by the Ministry shall be issued permanent residence permit by governorates with approval of the Ministry.
2
Refugees, conditional refugees and subsidiary protection status holders as well as humanitarian residence permit holders and those provided temporary protection shall not be granted right to transition to long-term residence permit.
Article 43 - Conditions for long-term residence permit
1
The following conditions are required for transition to long-term residence permit:
a
To have stayed in Turkey continuously for at least eight years with residence permit
b
Not to have received social assistance within last three years
c
To have sufficient and regular income source to maintain themselves or their family if any
ç
To have valid health insurance
d
Not to constitute threat to public order or public security
2
For foreigners who are deemed appropriate to be issued long-term residence permit due to meeting conditions determined by the Ministry, conditions other than subparagraph (d) of first paragraph shall not be sought.
Article 44 - Rights provided by long-term residence permit
1
Foreigners with long-term residence permit shall benefit from rights granted to Turkish citizens, excluding:
a
Obligation to perform military service,
b
Right to vote and be elected,
c
Right to enter public service,
ç
Right to import vehicles with exemption,
subject to preserving acquired rights regarding social security and being subject to provisions of relevant legislation in exercising these rights, excluding provisions in special laws.
2
The President is authorized to impose partial or complete restrictions on rights specified in first paragraph.
Article 45 - Cancellation of long-term residence permit
1
Long-term residence permits shall be cancelled in cases:
a
When the foreigner constitutes serious threat to public order or public security,
b
When staying outside Turkey for more than one year continuously for a reason other than health, education and mandatory public service in their country.
2
Procedures and principles regarding applications by foreigners whose long-term residence permit was cancelled under subparagraph (b) of first paragraph to obtain this permit again and their finalization shall be determined by regulation.
Article 46 - Humanitarian residence permit
1
In the following cases, humanitarian residence permit may be issued and extended by governorates with approval of Directorate General, without seeking conditions required for issuance of other residence permits, limited to periods determined by the Ministry:
a
When best interest of child is concerned
b
When foreigners who have deportation or entry ban decision taken about them cannot be removed from Turkey or their departure from Turkey is not considered reasonable or possible
c
When deportation decision is not taken about foreigner pursuant to Article 55
ç
When judicial remedy is sought against actions carried out pursuant to Articles 53, 72 and 77
d
During continuation of procedures for returning applicant to first asylum country or safe third country
e
When foreigners who need to be permitted entry into Turkey and stay in Turkey due to emergency reasons or for protection of country's interests and in terms of public order and public security do not have possibility to obtain one of other residence permits due to circumstances preventing issuance of residence permit
f
In extraordinary situations
Article 47 - Cancellation or non-extension of humanitarian residence permit
1
Humanitarian residence permit shall be cancelled and not extended by governorates with approval of Ministry when conditions making its issuance necessary cease to exist.
Article 48 - Human trafficking victim residence permit
1
Foreigners who are strongly suspected to be or may be victims of human trafficking shall be issued thirty-day residence permit by governorates to allow them to recover from their experiences and decide whether to cooperate with authorities.
2
These residence permits shall not require conditions for issuance of other residence permits.
Article 49 - Extension and cancellation of human trafficking victim residence permit
1
Residence permit issued to provide recovery and reflection period may be extended for maximum six-month periods due to victim's safety, health or special situation.
However, these periods shall in no way exceed three years in total.
2
Residence permits shall be cancelled in cases where it is determined that foreigners who are strongly suspected to be or may be victims of human trafficking have reestablished connections with perpetrators on their own initiative.
Chapter 3- Stateless Persons
Article 50 - Determination of statelessness
1
Determination of statelessness shall be made by the Directorate General.
Stateless persons shall be issued Stateless Person Identity Document providing the right to legally reside in Turkey.
Those who are treated as stateless persons by other countries shall not benefit from this right.
2
Stateless persons are obligated to obtain Stateless Person Identity Document, which shall be issued by governorates with approval of Directorate General.
This document, which is not subject to any fees, substitutes for residence permit and shall be renewed by governorates every two years.
The Stateless Person Identity Document shall also include foreigner identification number.
3
Periods spent in Turkey with Stateless Person Identity Document shall be counted in summing up residence periods.
4
Stateless Person Identity Document shall lose its validity when the person acquires citizenship of any country.
5
Procedures and principles regarding determination of statelessness situations and Stateless Person Identity Document shall be determined by regulation.
Article 51 - Rights and guarantees granted to stateless persons
1
Persons holding Stateless Person Identity Document:
a
May apply to obtain one of the residence permits in this Law,
b
Shall not be deported as long as they do not constitute serious threat to public order or public security,
c
Shall be exempt from reciprocity requirement sought in procedures related to foreigners,
ç
Are subject to provisions of Law No. 4817 in matters and procedures related to work permit,
d
May benefit from provisions of Article 18 of Law No. 5682.
Chapter 4 - Deportation
Article 52 - Deportation
1
Foreigners may be deported by deportation decision to country of origin, transit country or a third country.
Article 53 - Deportation decision
1
Deportation decision shall be taken by governorates upon instruction of Directorate General or on their own initiative.
2
The decision with its justifications shall be notified to the foreigner about whom deportation decision is taken or to their legal representative or lawyer.
If the foreigner about whom deportation decision is taken is not represented by a lawyer, the foreigner themselves or their legal representative shall be informed about the outcome of the decision, appeal procedures and time limits.
3
The foreigner or their legal representative or lawyer may appeal against deportation decision to administrative court within seven days from notification of decision.
The person who appeals to court shall also notify their appeal to the authority that made deportation decision.
Appeals to court shall be concluded within fifteen days.
The court's decision on this matter is final.
Subject to foreigner's consent, the foreigner shall not be deported during appeal period or until conclusion of judicial proceedings in case of appeal to court.
Article 54 - Persons about whom deportation decision shall be taken
1
Deportation decision shall be taken about following foreigners:
a
Those who are evaluated to require deportation under Article 59 of Law No. 5237
b
Those who are leaders, members, supporters of terrorist organizations or leaders, members, supporters of criminal organizations acting for profit
c
Those who use false information and forged documents in procedures for entry to Turkey, visa and residence permits
ç
Those who maintain their living through illegitimate means during their stay in Turkey
d
Those who pose a threat to public order or public security or public health
e
Those who exceed visa or visa exemption period by more than ten days or whose visa is cancelled
f
Those whose residence permits are cancelled
g
Those who have residence permit but violate residence permit period by more than ten days from its expiration without acceptable justification
ğ
Those who are determined to be working without work permit
h
Those who violate or attempt to violate provisions of legal entry to Turkey or legal exit from Turkey
ı
Those who are determined to have come to Turkey despite having entry ban
i
Those whose international protection application is rejected, who are excluded from international protection, whose application is considered inadmissible, who withdraw application, whose application is considered withdrawn, whose international protection status has ended or been cancelled, and who do not have right to stay in Turkey according to other provisions of this Law after final decision given about them
j
Those whose residence permit extension applications are rejected and who do not leave Turkey within ten days
k
Those who are evaluated to be associated with terrorist organizations defined by international institutions and organizations
2
Deportation decision may be taken at any stage of international protection procedures about persons who are evaluated to fall under subparagraphs (b), (d) and (k) of first paragraph of this article and who are international protection applicants or international protection status holders.
Article 55 - Persons about whom deportation decision shall not be taken
1
Even if they fall within scope of Article 54, deportation decision shall not be taken about following foreigners:
a
Those about whom there are serious indications that they would be subjected to death penalty, torture, inhuman or degrading punishment or treatment in country to which they would be deported
b
Those whose travel is considered risky due to serious health problems, age and pregnancy
c
Those who are undergoing treatment for life-threatening diseases and have no possibility of treatment in country to which they would be deported
ç
Victims of human trafficking benefiting from victim support process
d
Victims of psychological, physical or sexual violence until their treatment is completed
2
Evaluations under first paragraph shall be made separately for each person.
These persons may be required to reside at specified address and provide notification in requested form and periods.
Article 56 - Invitation to leave Turkey
1
Those about whom deportation decision is taken shall be granted period from fifteen to thirty days to enable them to leave Turkey, which shall be specified in deportation decision.
However, this period shall not be granted to those who have risk of absconding and disappearing, who violate legal entry or exit rules, who use false documents, who attempt to obtain or are determined to have obtained residence permit with unfounded documents, who pose threat to public order, public security or public health.
2
Persons who are granted period for departure from Turkey shall be issued Exit Permission Document.
This document is not subject to any fees.
Obligations regarding visa and residence fees and their penalties are reserved.
Article 57 - Administrative detention for deportation and its duration
1
Foreigners falling under Article 54, when apprehended by law enforcement, shall be immediately reported to governorate for decision.
About those among them who are evaluated to require deportation decision, deportation decision shall be taken by governorate.
Evaluation and decision period cannot exceed forty-eight hours.
2
About those about whom deportation decision is taken: who have risk of absconding and disappearing, who violate rules of entry to or exit from Turkey, who use false or unfounded documents, who do not leave Turkey within granted period without acceptable excuse, who pose threat to public order, public security or public health, administrative detention decision shall be taken by governorate or obligations alternative to administrative detention shall be imposed pursuant to Article 57/A.
Foreigners about whom administrative detention decision is taken shall be transferred to removal centers by apprehending law enforcement unit within forty-eight hours.
3
Administrative detention period in removal centers cannot exceed six months.
However, this period may be extended for maximum six more months in case deportation procedure cannot be completed due to foreigner's lack of cooperation or not providing accurate information or documents about their country.
4
Necessity of continuation of administrative detention is regularly evaluated by governorate every month.
When deemed necessary, thirty-day period is not waited.
For foreigners whose continuation of administrative detention is not deemed necessary, administrative detention shall be immediately terminated.
These foreigners shall be subjected to obligations alternative to administrative detention pursuant to Article 57/A.
5
Administrative detention decision, extension of administrative detention period and results of regular monthly evaluations with their justification shall be notified to foreigner or their legal representative or lawyer.
At the same time, if person taken under administrative detention is not represented by lawyer, themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
6
Person taken under administrative detention or their legal representative or lawyer may appeal to criminal judge of peace against administrative detention decision.
Appeal does not stop administrative detention.
In case petition is submitted to administration, petition shall be immediately forwarded to authorized criminal judge of peace.
Criminal judge of peace shall conclude examination within five days.
Decision of criminal judge of peace is final.
Person taken under administrative detention or their legal representative or lawyer may appeal again to criminal judge of peace claiming that conditions of administrative detention have ceased or changed.
7
Those who appeal to judiciary against administrative detention procedure and who do not have means to cover attorney fees shall be provided attorney service according to provisions of Attorney Law No. 1136 dated 19/3/1969 upon their request.
8
Electronic and communication devices of foreigners taken under administrative detention may be examined for purpose of determining their citizenship.
Data obtained as result of examination cannot be used for other purposes.
Article 57/A - Obligations alternative to administrative detention
1
Following obligations alternative to administrative detention may be imposed on foreigners listed in second paragraph of Article 57 or foreigners whose administrative detention is terminated:
a
Residing at specific address
b
Notification
c
Family-based return
ç
Return counseling
d
Voluntary participation in public benefit services
e
Guarantee
f
Electronic monitoring
2
In case one or more obligations from first paragraph are imposed on foreigner, this period cannot exceed twenty-four months.
3
For foreigners falling under second paragraph of Article 57 but not taken under administrative detention, imposition of one or more obligations listed in first paragraph of this article is mandatory.
4
Being subjected to obligations alternative to administrative detention shall be notified to foreigner or their legal representative or lawyer with justifications.
If foreigner who is subjected to obligations alternative to administrative detention is not represented by lawyer, themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
5
Foreigner subjected to electronic monitoring obligation or their legal representative or lawyer may appeal to criminal judge of peace against this decision.
Appeal does not stop administrative obligation to which foreigner is subjected.
Criminal judge of peace shall conclude examination within five days.
Decision of criminal judge of peace is final.
6
Foreigners who do not comply with obligations alternative to administrative detention may be taken under administrative detention.
7
In case guarantee obligation is imposed on foreigner and foreigner does not leave Turkey within guarantee period, except for force majeure circumstances and non-completion of court process, guarantee shall be recorded as revenue to Treasury.
8
Procedures and principles regarding implementation of this article shall be regulated by Ministry.
Article 58 - Removal centers
1
Foreigners under administrative detention shall be held in removal centers.
2
Removal centers are operated by the Ministry.
The Ministry may have these centers operated by public institutions and organizations, Turkish Red Crescent Society or public benefit associations with expertise in migration field by making protocol with them.
3
Procedures and principles regarding establishment, management, operation, transfer, supervision of removal centers and transfer operations of foreigners under administrative detention for deportation to removal centers shall be regulated by regulation.
Article 59 - Services to be provided in removal centers
1
In removal centers:
a
Emergency and basic health services whose costs cannot be covered by foreigner shall be provided free of charge,
b
Foreigner shall be provided opportunity to access and meet with relatives, notary, legal representative and lawyer, and also access to telephone services,
c
Foreigner shall be provided opportunity to meet with visitors, consular official of country of citizenship, United Nations High Commissioner for Refugees official,
ç
Best interests of children shall be considered, families shall be accommodated in separate places,
d
Necessary measures shall be taken by Ministry of National Education regarding children's benefiting from education and training.
2
Representatives of relevant civil society organizations with expertise in migration field may visit removal centers with permission of Directorate General.
Article 60 - Implementation of deportation decision
1
Foreigners in removal centers shall be taken to border gates by law enforcement unit.
2
Foreigners who will be deported without need for transfer to removal centers shall be taken to border gates by law enforcement units under coordination of territorial organization of Directorate General.
3
Travel expenses of foreigners to be deported shall be covered by themselves. Following provisions shall apply regarding coverage of travel expenses:
a
If foreigner's existing money is sufficient to cover all deportation travel expenses, deportation travel expenses shall be covered from foreigner's existing money and remaining amount shall be left to them.
b
If foreigner has no money, all travel expenses shall be covered by Directorate General.
c
If foreigner's existing money is not sufficient to cover all travel expenses:
####### 1
Travel expenses shall be covered by Directorate General and amount of foreigner's existing money sufficient to cover basic needs of foreigners to be deported, determined by Directorate General at beginning of each fiscal year, shall be left to them and remaining part shall be recorded as revenue to Treasury in return for travel expenses.
####### 2
If foreigner's existing money is below amount sufficient to cover basic needs, all travel expenses shall be covered by Directorate General and existing money shall be left to them.
ç
Until expenses are reimbursed, foreigners may be denied entry to Turkey.
4
Directorate General may cooperate with international organizations, relevant country authorities and civil society organizations regarding deportation procedures.
5
Foreigners' passports or other documents may be held until deportation and their tickets may be converted to money to be used in deportation procedures.
6
Real or legal persons are obligated to pay deportation expenses of foreigners whose stay or return they guaranteed.
Article 60/A - Voluntary return
1
Material or cash support may be provided to irregular migrants about whom deportation decision has been taken and who want to return voluntarily to country of origin, who are deemed appropriate by Directorate General.
2
Work regarding voluntary return of irregular migrants may be carried out in cooperation with international organizations, public institutions and organizations and civil society organizations.
Part 3 - International Protection
Chapter 1 - Types of International Protection, Exclusion from International Protection
Article 61 - Refugee
1
Following status determination procedures, refugee status shall be granted to a foreigner 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 their citizenship and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country; or who, not having a nationality and being outside the country of their former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
Article 62 - Conditional refugee
1
Following status determination procedures, conditional refugee status shall be granted to a foreigner who as a result of events occurring outside 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 their citizenship and is unable or, owing to such fear, is unwilling to avail themselves of the protection of that country; or who, not having a nationality and being outside the country of their former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it.
Conditional refugee shall be allowed to stay in Turkey until resettled to a third country.
Article 63 - Subsidiary protection
1
Following status determination procedures, subsidiary protection status shall be granted to a foreigner or stateless person who cannot be qualified as refugee or conditional refugee but who would, if returned to country of origin or country of residence, face:
a
Death penalty sentence or execution of death penalty,
b
Torture, inhuman or degrading punishment or treatment,
c
Serious threat to their person due to indiscriminate violence in situations of international or internal armed conflict,
and therefore is unable or, owing to such threat, unwilling to avail themselves of the protection of country of origin or country of residence.
Article 64 - Exclusion from international protection
1
Applicant shall be excluded from international protection if:
a
Currently receiving protection or assistance from organs or agencies of United Nations other than United Nations High Commissioner for Refugees,
b
Recognized by authorities of country of residence as having rights and obligations related to citizenship of that country,
c
There are serious reasons for considering that they have committed crimes specified in paragraph (F) of Article 1 of Convention.
2
When protection or assistance mentioned in subparagraph (a) of first paragraph has ceased for any reason, such persons shall be entitled to protection provided by this Law if their position has not been definitively settled in accordance with relevant UN General Assembly resolutions.
3
If there are reasons to consider that applicant committed cruel acts outside Turkey for any motive before applying for international protection, assessment shall be made under subparagraph (c) of first paragraph.
4
Person who participated in or instigated commission of crimes or acts specified in subparagraph (c) of first paragraph and third paragraph shall be excluded from international protection.
5
In addition to situations specified in subparagraph (c) of first paragraph and third and fourth paragraphs, foreigner or stateless person about whom there are serious indications of posing danger to public order or public security, and foreigner or stateless person who is not under scope of subparagraph (c) of first paragraph but has previously committed crime or crimes which would require imprisonment if committed in Turkey and has left country of origin or residence solely to avoid punishment for this crime, shall be excluded from subsidiary protection.
6
Exclusion of applicant from international protection shall not require exclusion of family members provided that none of exclusion grounds applies to other family members.
Chapter 2 - General Procedures
Article 65 - Application
1
International protection applications shall be made to governorates in person.
2
In case applications are made to law enforcement units within country or at border gates, these applications shall be immediately reported to governorate.
Procedures related to application shall be carried out by governorate.
3
Every foreigner or stateless person may apply on their own behalf.
Applicant may apply on behalf of family members who arrived with them and whose applications are based on the same grounds.
In this case, consent of adult family members for application to be made on their behalf shall be obtained.
4
Those who apply for international protection to governorates by themselves within reasonable time shall not be subject to criminal action for violating terms of legal entry to Turkey or illegal stay in Turkey provided they explain valid reasons for their illegal entry or stay.
5
International protection applications of persons whose freedom is restricted shall be immediately reported to governorate.
Receipt and assessment of applications shall not prevent implementation of other judicial and administrative procedures or measures and sanctions.
Article 66 - Unaccompanied children
1
Following provisions shall apply to unaccompanied children applying for international protection:
a
Best interest of child shall be primary consideration in all procedures related to unaccompanied children.
From moment application is received, provisions of Child Protection Law No. 5395 dated 3/7/2005 shall apply.
b
Foreigners whose physical appearance does not match their declared age shall undergo age determination in health institutions by Ministry's direction and those determined to be under eighteen years old shall be handed over to provincial directorates of Ministry of Family, Labor and Social Services.
c
Taking into account opinion of unaccompanied child, Ministry of Family, Labor and Social Services shall place them in suitable accommodation facilities or with adult relatives or foster family.
Article 67 - Persons with special needs
1
Persons with special needs shall be given priority in rights and procedures written in this Part.
2
Persons who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence shall be provided adequate treatment facilities to address damage caused by such acts.
Article 68 - Administrative detention of applicants
1
Applicants shall not be placed under administrative detention solely for having applied for international protection.
2
Placing applicants under administrative detention is an exceptional measure.
Applicant may be placed under administrative detention only in following cases:
a
If there are serious doubts about accuracy of identity or citizenship information, for purpose of establishing this information
b
For purpose of preventing illegal entry into country at border gates
c
If elements constituting basis of their application cannot be determined without administrative detention
ç
If they pose serious threat to public order or public security
3
Need for administrative detention shall be assessed individually.
In cases specified in second paragraph, before placing under administrative detention, it shall first be evaluated whether residence obligation and notification duty specified in Article 71 would be sufficient.
Governorate may determine other procedures instead of administrative detention.
If these measures are insufficient, administrative detention shall be applied.
4
Administrative detention decision shall be notified in writing to person placed under administrative detention or their legal representative or lawyer including reasons for being placed under administrative detention and duration of detention.
If person placed under administrative detention is not represented by lawyer, they themselves or their legal representative shall be informed about consequences of decision and appeal procedures.
5
Administrative detention period of applicant cannot exceed thirty days.
Procedures regarding persons placed under administrative detention shall be completed as soon as possible.
Administrative detention shall be immediately terminated when its conditions no longer exist.
6
At any stage of administrative detention, authority making decision may request termination of administrative detention and fulfillment of obligations specified in Article 71 or other measures.
7
Person placed under administrative detention or their legal representative or lawyer may appeal to criminal judge of peace against administrative detention.
Appeal does not stop administrative detention.
If petition is submitted to administration, petition shall be immediately forwarded to authorized criminal judge of peace.
Criminal judge of peace shall conclude examination within five days.
Decision of criminal judge of peace is final.
Person placed under administrative detention or their legal representative or lawyer may appeal again to criminal judge of peace claiming that conditions of administrative detention have ceased or changed.
8
Person placed under administrative detention pursuant to second paragraph may receive visitors according to procedures and principles to be determined by regulation.
Person placed under administrative detention shall be provided opportunity to meet with legal representative, lawyer, notary and United Nations High Commissioner for Refugees officials.
Article 69 - Registration and control
1
International protection applications shall be registered by governorates.
2
Applicant is obliged to provide accurate identity information during registration and submit identity and travel documents, if any, to competent authorities.
To ensure fulfillment of this obligation, applicant and their belongings may be searched.
3
In absence of documents regarding applicant's identity during registration, information obtained from comparison of personal data and conducted investigations shall be used for identity determination.
If information about identity cannot be obtained as result of identity determination investigations, applicant's statement shall be taken as basis.
4
During registration, information shall be collected about applicant's reasons for leaving country of origin or residence, events that occurred after leaving their country and led to application, method of entry to Turkey, routes and transportation means used, and information and documents about previous international protection applications or protection in another country, if any.
5
Time and place of interview shall be notified during registration.
6
Applicant who may pose danger to public health shall undergo medical examination.
7
During registration, applicant shall be issued registration document valid for thirty days containing identity information and indicating international protection application.
Registration document may be extended for thirty-day periods when necessary.
Registration document is not subject to any fees and allows applicant to stay in Turkey.
Article 70 - Information to applicant and interpretation
1
During registration, applicant shall be informed about procedures to be followed regarding application, rights and obligations during application assessment process, how to fulfill obligations, possible consequences in case of non-compliance with obligations or non-cooperation with authorities, appeal procedures and periods.
2
Upon request of applicant, interpretation services shall be provided during personal interviews at application, registration and interview stages.
Article 71 - Residence obligation and notification duty
1
Administrative obligations such as residing in reception and accommodation center indicated to them, in specific place or province, and notification in requested form and periods may be imposed on applicant.
2
Applicant is obliged to register in address registration system and notify residence address to governorate.
Article 72 - Inadmissible application
1
Decision shall be made that application is inadmissible if applicant:
a
Has renewed same application without presenting different grounds,
b
After giving consent for application to be made on their behalf, has made separate application at any stage without showing justified reason or without presenting different grounds after rejection of application,
c
Has come from country falling under Article 73,
ç
Has come from country falling under Article 74.
2
If circumstances specified in first paragraph emerge at any stage of assessment, assessment shall be suspended.
3
Decision on inadmissibility of application shall be notified to person concerned or their legal representative or lawyer.
If person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
Article 73 - Those coming from first asylum country
1
If it emerges that applicant has come from country where they were previously recognized as refugee and still have possibility to benefit from this protection, or where they can still benefit from sufficient and effective protection including principle of non-refoulement, application shall be assessed as inadmissible and procedures shall be initiated for sending to first asylum country.
However, stay in country shall be permitted until return procedure is carried out.
This situation shall be notified to person concerned.
If person concerned is not accepted by country designated as first asylum country, procedures regarding application shall be continued.
Article 74 - Those coming from safe third country
1
If it emerges that applicant has come from safe third country where they filed or had possibility to file international protection application that could result in protection in accordance with Convention, application shall be assessed as inadmissible and procedures shall be initiated for sending to safe third country.
However, stay in country shall be permitted until return procedure is carried out.
This situation shall be notified to person concerned.
If person concerned is not accepted by country designated as safe third country, procedures regarding application shall be continued.
2
Countries meeting following conditions shall be qualified as safe third country:
a
Life or freedom of persons is not threatened on account of their race, religion, nationality, membership of a particular social group or political opinions
b
Principle of non-refoulement to countries where persons would be subjected to torture, inhuman or degrading punishment or treatment is being applied
c
Person has possibility to request refugee status and obtain protection in accordance with Convention if recognized as refugee
ç
Person does not face risk of serious harm
3
Whether a country is safe third country for applicant shall be assessed separately for each applicant, including connections between that person and country that make reasonable sending applicant to relevant third country.
Article 76 - International protection applicant identity document
1
After completion of registration procedures, applicant and accompanying family members, if any, shall be issued International Protection Applicant Identity Document indicating international protection request and containing foreigner identification number.
Validity period of identity document and procedures and principles regarding its extension shall be regulated by Ministry.
2
Identity document shall not be issued to persons falling under Articles 72 and 79 and their family members.
3
Format and content of identity document shall be determined by Directorate General.
4
Identity document is not subject to any fees and substitutes for residence permit.
Article 77 - Withdrawal of application or considering it withdrawn
1
Application shall be considered withdrawn and assessment shall be suspended if applicant:
a
Declares in writing withdrawal of application,
b
Fails to appear for interview three times consecutively without excuse,
c
Escapes from place of administrative detention,
ç
Fails to fulfill notification obligation three times consecutively without excuse, does not go to determined residence place or leaves residence place without permission,
d
Objects to collection of personal data,
e
Does not comply with obligations in registration and interview.
Article 78 - Decision
1
International protection applications shall be concluded by Directorate General within maximum six months from registration date.
If decision cannot be made within this period, applicant shall be informed.
Directorate General may delegate these powers to governorates.
2
Decisions shall be made individually.
Subject to sixth paragraph of Article 64, application made on behalf of family shall be evaluated as whole and decision shall cover all family members.
3
When deciding on application, current general conditions in country of origin or previous residence and personal circumstances of applicant shall be taken into consideration.
4
Decision may be made that applicant does not need international protection if protection against threat of persecution or serious harm can be provided in certain region of country of citizenship or previous residence and applicant can safely travel to and settle in that region of country.
5
Emergence of circumstances mentioned in fourth paragraph does not prevent subjecting application to full examination.
6
Decision shall be notified to person concerned or their legal representative or lawyer.
When notifying negative decision, material grounds and legal bases of decision shall also be stated.
If person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
Article 79 - Accelerated assessment
1
Application shall be assessed in accelerated manner if applicant:
a
Has not mentioned any issues requiring international protection while presenting grounds during application,
b
Has misled authorities by using false documents or providing misleading information and documents, or by not providing information and documents that could negatively affect decision,
c
Has destroyed or disposed of identity or travel documents maliciously to make determination of identity or citizenship difficult,
ç
Is under administrative detention for deportation,
d
Has applied solely to delay or prevent implementation of decision that would lead to their removal from Turkey,
e
Poses danger to public order or public security or has been previously deported from Turkey for these reasons,
f
Has made new application after previous application was considered withdrawn.
2
Interview shall be conducted with applicant whose application is assessed in accelerated manner within maximum three days from application date.
Application shall be concluded within maximum five days after interview.
3
Applications assessed according to this article which are understood to require long examination period may be removed from accelerated assessment.
4
Applications of unaccompanied children cannot be assessed in accelerated manner.
Article 80 - Administrative appeal and judicial remedy
1
Following provisions shall apply when administrative appeal and judicial remedy are sought against decisions taken pursuant to provisions in this Part:
a
Person concerned or their legal representative or lawyer may appeal to International Protection Assessment Commission within ten days from notification of decision.
However, only judicial remedy may be sought against decisions given according to Articles 68, 72 and 79.
b
Decision taken as result of administrative appeal shall be notified to person concerned or their legal representative or lawyer.
In case of negative decision, if person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
c
Ministry may regulate administrative appeal procedures against decisions.
ç
Except for judicial remedy regulated in Article 68, against decisions taken under Articles 72 and 79, person concerned or their legal representative or lawyer may apply to competent administrative court within fifteen days from notification of decision, and against other administrative decisions and actions within thirty days from notification of decision.
d
Applications to court under Articles 72 and 79 shall be concluded within fifteen days.
Court's decision on this matter is final.
e
Person concerned shall be allowed to stay in country until appeal or judicial process is concluded.
Article 81 - Legal services and counseling
1
Applicant and international protection status holders may be represented by lawyer regarding matters and procedures written in this Part, provided that fees are covered by themselves.
2
Applicant and international protection status holder who does not have means to cover attorney fees shall be provided legal services according to legal aid provisions of Law No. 1136 in their applications before judiciary regarding matters and procedures under this Part.
3
Applicant and international protection status holder may benefit from counseling services provided by civil society organizations.
Article 82 - Residence of conditional refugee and subsidiary protection status holder
1
General Directorate may impose obligation on conditional refugee and subsidiary protection status holder to reside in specific province due to public order or public security reasons, provide notification in determined periods and procedures.
2
These persons are obliged to register in address registration system and notify residence address to governorate.
Article 83 - International protection status holder identity document
1
Those granted refugee, conditional refugee and subsidiary protection status shall be issued identity document containing foreigner identification number.
2
Identity documents mentioned in first paragraph are not subject to any fees and substitute for residence permit.
3
Procedures and principles regarding format, content, validity period and extension of identity documents shall be regulated by Ministry.
Article 84 - Travel document
1
Refugees shall be issued travel document specified in Convention by governorates.
2
Travel document requests of conditional refugees and subsidiary protection status holders shall be evaluated under Article 18 of Law No. 5682.
Article 85 - End of international protection status
1
International protection status holder's status shall end if person:
a
Voluntarily re-avails themselves of protection of country of citizenship,
b
Voluntarily re-acquires lost citizenship,
c
Has acquired new citizenship and enjoys protection of country of new citizenship,
ç
Has voluntarily returned to country they left or outside which they remained due to fear of persecution,
d
May avail themselves of protection of country of citizenship as circumstances on which status was granted have ceased to exist,
e
Being stateless, may return to country of former habitual residence as circumstances on which status was granted have ceased to exist,
f
Subject to provisions of Article 84: voluntarily leaves Turkey, benefits from protection of third country, is accepted to third country for humanitarian reasons or within resettlement, exits to third country or dies.
2
In examining paragraphs (d) and (e) of first paragraph, it shall be considered whether circumstances on which status was granted have ceased to exist or have changed significantly and persistently.
3
Status shall also end when circumstances on which subsidiary protection status was granted have ceased to exist or have changed to such extent that protection is no longer required.
It shall be considered whether changes in circumstances requiring subsidiary protection status are significant and persistent.
4
In case circumstances specified in first and third paragraphs emerge, status may be re-evaluated.
After person is notified in writing about re-evaluation of their status and reasons, they shall be given opportunity to present reasons why their status should continue orally or in writing.
5
End decision containing material grounds and legal bases shall be notified to person concerned or their legal representative or lawyer.
If person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
Article 86 - Cancellation of international protection status
1
Status shall be cancelled for persons granted international protection status who:
a
Have caused status to be granted by using false documents, fraud, deception or by not declaring facts,
b
After being granted status, are understood to have been subject to exclusion under Article 64.
2
Cancellation decision containing material grounds and legal bases shall be notified to person concerned or their legal representative or lawyer.
If person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
Article 87 - Voluntary return support
1
Material and cash support may be provided to applicants and international protection status holders who wish to return voluntarily.
2
Directorate General may carry out voluntary return work in cooperation with international organizations, public institutions and organizations, civil society organizations.
Chapter 3 - Rights and Obligations
Article 88 - General principles regarding rights and obligations
1
International protection status holders are exempt from reciprocity requirement.
2
Rights and opportunities provided to applicant, those whose application is rejected or international protection status holders cannot be interpreted as exceeding rights and opportunities provided to Turkish citizens.
Article 89 - Access to assistance and services
1
Applicant or international protection status holder and family members shall benefit from primary and secondary education services.
2
Those in need among applicants or international protection status holders may be provided access to social assistance and services.
3
Among applicants or international protection status holders:
a
Those who do not have any health insurance and do not have ability to pay shall be subject to provisions of Social Insurance and General Health Insurance Law No. 5510 dated 31/5/2006 for one year from international protection application registration.
One year time limit shall not be sought for those with special needs and those whose insurance registration continuation is deemed appropriate by Ministry.
Appropriation shall be allocated to Directorate General budget for payment of premiums of persons who will benefit from general health insurance.
Complete premium or certain ratio may be requested from those whose premiums are paid by Directorate General according to their ability to pay.
Foreigners given negative decision by administration regarding their application shall be removed from general health insurance coverage.
b
Those who are later understood to have health insurance or ability to pay or to have made application solely for purpose of receiving medical treatment shall be reported to Social Security Institution within maximum ten days for termination of their general health insurance, and treatment and medicine expenses shall be recovered from them.
4
Regarding access to labor market:
a
Applicant or conditional refugee may apply for work permit six months after international protection application date.
b
Refugee or subsidiary protection status holder may work dependently or independently from date of status acquisition.
Provisions in other legislation regarding jobs and professions in which foreigners cannot work are reserved.
Identity document to be issued to refugee or subsidiary protection status holder shall also substitute for work permit and this situation shall be written on identity document.
c
Access to labor market of refugee and subsidiary protection status holder may be restricted for specific period to certain sectors, professions, lines of business or geographical areas when required by conditions in labor market, developments in working life and sectoral and economic conditions regarding employment.
However, these restrictions shall not apply to refugee and subsidiary protection status holders who have resided in Turkey for three years or are married to Turkish citizen or have Turkish citizen child.
ç
Procedures and principles regarding working of applicant or international protection status holders shall be determined by Ministry of Labor and Social Security after receiving opinion of Ministry.
5
Except for those listed in Articles 72 and 79, applicant who is determined to be in need may be provided pocket money according to procedures and principles to be determined by Ministry after receiving appropriate opinion of Ministry of Finance.
Article 90 - Obligations
1
Applicant or international protection status holder shall, in addition to obligations written in this Part:
a
Report current information about working status within thirty days,
b
Report income, movable and immovable assets within thirty days,
c
Report changes in address, identity and marital status within twenty business days,
ç
Pay back fully or partially costs in case it is determined that they have unfairly benefited from provided services, assistance and other opportunities,
d
Fulfill what is requested from them by Directorate General within framework of this Part.
2
Those who do not comply with obligations written in this Part and those given negative decision regarding their applications and international protection status may be restricted in terms of benefiting from rights other than education and basic health rights.
Assessment regarding restriction shall be made individually.
Decision shall be notified in writing to person concerned or their legal representative or lawyer.
If person concerned is not represented by lawyer, they themselves or their legal representative shall be informed about outcome of decision, appeal procedures and periods.
Chapter 4 - Common Provisions on Foreigners and International Protection
Article 91 - Temporary protection
1
Temporary protection may be provided to foreigners who have been forced to leave their country, cannot return to the country they left, and have arrived at or crossed our borders in mass influx situation seeking urgent and temporary protection.
2
Acceptance of these persons to Turkey, their stay in Turkey, their rights and obligations, procedures to be carried out for their exit from Turkey, measures to be taken against mass movements and cooperation and coordination between national and international institutions and organizations, determination of duties and authorities of institutions and organizations to serve in center and provinces shall be regulated by regulation to be issued by President.
Article 92 - Cooperation in international protection processes
1
Ministry may cooperate with United Nations High Commissioner for Refugees, International Organization for Migration, other international organizations and civil society organizations in matters related to international protection processes written in this Part, within framework of Law No. 1173 dated 5/5/1969 on Execution and Coordination of International Relations.
2
Necessary cooperation shall be provided with United Nations High Commissioner for Refugees in fulfillment of its duty to supervise application of Convention provisions.
Ministry is authorized to determine international protection, application, assessment and decision processes within framework of this Law, to make protocols not having quality of international agreement with United Nations High Commissioner for Refugees for this purpose by obtaining appropriate opinion of Ministry of Foreign Affairs.
3
United Nations High Commissioner for Refugees' access to persons who have made international protection application, including at border gates, and access to information about their application shall be provided subject to applicant's acceptance.
United Nations High Commissioner for Refugees may convey its opinions to authorities at every stage of application.
Article 93 - Country of origin information
1
When examining international protection applications, current information shall be collected from United Nations High Commissioner for Refugees sources and other sources about countries of origin, residence and transit in order to make effective and fair decision, to determine accuracy of matters claimed by applicant.
2
Establishment of country of origin information system, collection of information, storage, operation of system, making it available for use of relevant public institutions and organizations shall be done within framework of procedures and principles to be determined by Directorate General.
Article 94 - Principle of confidentiality and access to personal file
1
Confidentiality is essential in all information and documents of applicant and international protection status holder.
2
However, applicant and international protection status holder and their legal representative or lawyer may examine documents in personal file of applicant and international protection status holder, take copies.
Documents relating to protection of national security and public order and prevention of crime cannot be examined and given.
Article 95 - Reception and Accommodation Centers
1
The basic principle is that applicants or persons with international protection status shall meet their own accommodation needs.
2
The Directorate General may establish reception and accommodation centers where the accommodation, food, healthcare, social and other needs of applicants or persons with international protection status will be met.
3
Priority shall be given to accommodating persons with special needs in the centers.
4
Reception and accommodation centers shall be operated by governorates.
The Directorate General may have the centers operated by public institutions and organizations, Turkish Red Crescent Society and public benefit associations with expertise in migration by concluding protocols with them.
5
Applicants or persons with international protection status and their family members residing outside reception and accommodation centers may benefit from the services provided in these centers.
6
Services provided in reception and accommodation centers may also be carried out through procurement.
7
To the extent possible, the unity of families staying in the centers shall be preserved.
8
Representatives of relevant non-governmental organizations with expertise in migration may visit reception and accommodation centers with permission from the Directorate General.
9
Procedures and principles regarding establishment, management and operation of reception and accommodation centers shall be regulated by regulation.
Part 4 - Common provisions on foreigners and international protection
Article 96 - Integration
1
The Directorate General may, within the country's economic and financial means, plan integration activities utilizing recommendations and contributions from public institutions and organizations, local authorities, non-governmental organizations, universities and international organizations, in order to facilitate mutual integration of foreigners, applicants or international protection status holders with society in our country and provide them with knowledge and skills that will enable them to act independently without third party mediation in all areas of social life in our country, in their resettlement country or in their country upon return.
2
Foreigners may participate in courses where the country's political structure, language, legal system, culture and history as well as their rights and obligations are explained at a basic level.
3
Information and awareness activities through courses, distance learning and similar systems on topics such as accessing public and private goods and services, access to education and economic activities, social and cultural communication, receiving basic healthcare services are disseminated by the Directorate General in cooperation with public institutions and organizations as well as non-governmental organizations.
Article 97 - Obligation to comply with invitation
1
Foreigners, applicants and international protection status holders may be invited to the relevant governorship or the Directorate General for the following reasons:
a
Emergence of need to examine their entry into or stay in Turkey,
b
Existence of possibility of deportation decision being taken about them,
c
Notification of procedures related to implementation of this Law.
In case of non-compliance with the invitation or existence of serious suspicion that the invitation will not be complied with, foreigners may be brought by law enforcement without invitation.
This procedure cannot be implemented as administrative detention and the information gathering period cannot exceed four hours.
Article 98 - Obligations of carriers
1
Carriers are obliged to:
a
Return foreigners who are denied entry into Turkey or transit passage through Turkey for any reason, whom they have brought to border gates for entering the country or transit passage through the country, to their country of origin or a country that will definitely accept them,
b
Ensure round trip transportation of escorts in cases where escorting of the foreigner is deemed necessary,
c
Check documents and permits of persons they transport,
ç
Take necessary measures to prevent transportation of inadmissible passenger,
d
Cover expenses for food, accommodation and emergency healthcare of inadmissible passengers until their return,
e
Make necessary notifications regarding inadmissible passengers.
2
The Directorate General may request from carriers bringing passengers to border gates, taking passengers from border gates and carrying passengers within Turkey, information about all passengers and crew before, during and after their movements.
3
Procedures and principles regarding obligations stated in first and second paragraphs shall be determined by regulation to be jointly issued by the Ministry and the Ministry of Transport, Maritime Affairs and Communications.
Article 99 - Personal data
1
Personal data of foreigners, applicants and international protection status holders shall be collected, protected, stored and used by the Directorate General or governorates in accordance with relevant legislation and international agreements to which Turkey is a party.
Article 100 - Notification
1
Notification procedures under this Law shall be carried out according to provisions of the Notification Law No. 7201 dated 11/2/1959.
2
Procedures and principles regarding implementation of this article shall be regulated by regulation taking into account that the person concerned is a foreigner and their special circumstances if any.
Article 101 - Authorized administrative courts
1
In case of application to administrative judiciary regarding implementation of this Law, where there is more than one administrative court in one place, which administrative court will hear these cases shall be determined by the Council of Judges and Prosecutors.
Article 102 - Administrative fine
1
Unless the act requires a heavier penalty according to other laws:
a
Foreigners who, in violation of Article 5, illegally enter or exit Turkey or attempt to do so shall be fined two thousand Turkish Liras,
b
Those who, despite being banned from entering Turkey pursuant to first and second paragraphs of Article 9, have managed to enter Turkey shall be fined one thousand Turkish Liras,
c
Those who do not leave Turkey within the period granted according to first paragraph of Article 56 shall be fined one thousand Turkish Liras,
ç
Those who escape during procedures under Articles 57, 58, 60 and 68 shall be fined one thousand Turkish Liras,
d
Carriers who do not comply with obligations stated in first and second paragraphs of Article 98, if the act does not constitute a crime, shall be fined from one thousand to ten thousand Turkish Liras,
e
Those who do not comply with obligations stated in subparagraphs (a), (b), (c), (ç), (d) and (f) of first paragraph of Article 57/A shall be fined one thousand Turkish Liras,
administrative fine shall be imposed.
2
Persons who enable entry into the country, exit from the country, travel within the country by any vehicle or mount or on foot, accommodation, lodging of foreign persons who do not have valid travel documents, foreigner identity card issued by competent authorities of the Republic of Turkey, residence permit or valid travel permit, as well as persons who rent out their owned real estate shall be fined one thousand Turkish Liras for each foreigner detected for acts not separately defined as crime by laws.
3
In case of repetition of misdemeanors for which administrative fine is foreseen by real persons within a calendar year, fines shall be increased by half.
4
Implementation of administrative fines in this article does not prevent implementation of other administrative measures foreseen in the Law.
5
Administrative fines in this article shall be imposed by governorship or Directorate General or law enforcement units. Imposed fines shall be paid within thirty days from notification date.
6
For non-compliance with obligations stated in regulations put into effect by the Ministry under this Law, administrative fine from five hundred to ten thousand Turkish Liras may be imposed by Directorate General or governorships.
Part 5 - Directorate General of Migration Management
Chapter 1 - Establishment, duties and authority
Article 103
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 104
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Chapter 2 - Migration Policy Board
Article 105
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Chapter 3 - Central, Provincial and Overseas Organization, Service Units
Article 106
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 107
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 108
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 109
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 110
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 111
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 112
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Chapter 4 - Permanent boards and commissions and temporary commissions
Article 113
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 114
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 115
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 116
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 117
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Chapter 5 - Provisions on appointment and personnel
Article 118
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 119
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 120
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Part 6 - Miscellaneous provisions
Article 121 - Regulation
1
Procedures and principles regarding implementation of this Law shall be determined by regulations to be issued.
Article 121/A - Allocation for temporary accommodation centers
1
For the purpose of operation and management of temporary accommodation centers within the scope of this Law, allocation for temporary accommodation centers shall be set aside in the budget of the Directorate General.
From these funds, which will be used by transferring to a special account by being recorded as expenditure in the Directorate General's budget, transfers may also be made to accounts of public institutions and organizations and local administrations in cases deemed appropriate by the Directorate General.
Public institutions and organizations and local administrations may also make transfers to the Directorate General's account to be used for the purposes specified above.
Amounts transferred in this way shall be tracked in special accounts without being recorded as revenue in the budgets of relevant public institutions and organizations and local administrations.
Expenditures from this account, limited to meeting the needs of temporary accommodation centers, are not subject to provisions of Law No. 5018 on Public Financial Management and Control and Law No. 4734 on Public Procurement; procedures and principles regarding spending, accounting, auditing of these transferred amounts and procurement shall be jointly determined by Ministry of Treasury and Finance and Directorate General.
2
The Directorate General may procure services while performing its duties determined within the scope of this article.
Article 122 - Referenced provisions
1
References made in other legislation to the Law on Residence and Travel of Foreigners in Turkey No. 5683 dated 15.7.1950 shall be deemed to have been made to this Law.
The term «residence document» for foreigners used in other legislation shall be understood as «residence permit» in this Law.
Article 123
Repealed: Decree Law No. 703 dated 02.07.2018, Article 71
Article 124 - Repealed legislation
1
The Law on Residence and Travel of Foreigners in Turkey No. 5683 dated 15.7.1950 and Articles 4, 6, 7, 8, 9, 10, 11, 24, 25, 26, 28, 29, 32, 33, 35, 36, 38 and supplementary Article 5, first and second paragraphs of Article 5, and the second sentence of first paragraph of Article 34 of the Passport Law No. 5682 dated 15.7.1950 are hereby repealed.
SUPPLEMENTARY ARTICLE 1 - Seizure of vehicles used in migrant smuggling offenses
1
Vehicles used in the commission of migrant smuggling offenses shall be seized in accordance with the provisions of paragraph four of Article 128 of the Criminal Procedure Code No. 5271 dated 4.12.2004.
2
A vehicle seized pursuant to paragraph one shall not be returned to its owner in case of the existence of any of the following circumstances:
a) Being used again in the commission of the same offense while investigation and prosecution continue,
b) Not being registered in Turkey,
c) Being caught while carrying a significant number of migrants relative to the total number of passengers,
ç) Having special equipment that would facilitate the commission of the offense.
In this case, if the owner submits collateral equal to the value of the vehicle to the Ministry of Finance within thirty days from the date of seizure, the vehicle shall be returned to the owner.
Otherwise, it shall be immediately liquidated by the Ministry of Finance without waiting for the outcome of investigation and prosecution.
In case of liquidation through sale, after covering all necessary expenses for the preservation and sale of the vehicle from the proceeds, the remaining amount shall be deposited in an escrow account to be processed according to the outcome of prosecution.
3
The value in the application of paragraph two shall mean: for land vehicles, the comprehensive insurance value; for sea vessels, the value that forms the basis for hull and machinery insurance; for uninsured vehicles and air and railway vehicles, the market value.
TEMPORARY ARTICLE 1 - Transitional provisions
1
Files, records and other documents in written and electronic form, information systems, electronic projects and databases maintained by the General Directorate of Security concerning matters falling within the scope of duties of the General Directorate shall be gradually transferred to the General Directorate and relevant provincial units.
Regarding the transfer, a protocol shall be made between the General Directorate of Security and the General Directorate within six months from the publication date of this article and shall enter into force upon the Minister's approval.
2
One year after the publication of this Law, movable property belonging to reception and accommodation centers and removal centers shall be deemed transferred to the General Directorate without any further procedure, and immovable property shall be deemed allocated to the General Directorate without any further procedure.
Operations carried out due to transfer shall be exempt from fees, and documents issued shall be exempt from stamp duty.
The Minister is authorized to resolve issues that may arise regarding the transfer of movable property and allocation of immovable property and similar matters in the implementation of this Law.
3
The appropriation need for the General Directorate's expenditures for fiscal year 2013 shall be met according to subparagraph (ç) of first paragraph of Article 6 of the Central Government Budget Law for Year 2013 No. 6363 dated 20.12.2012.
Until 31.12.2014, appointments not exceeding fifty percent of positions established for the Directorate General of Migration Management may be made without being subject to the limitations in Law No. 6363.
4
Until the date when the provincial organization of the General Directorate is completed according to the principles specified in this Law, duties and services being carried out shall continue to be performed by units or personnel that previously performed these duties and services.
The General Directorate may employ personnel working in the said units at the date when organization in relevant places is completed according to the mentioned article for up to three years from the transfer date without being subject to the numerical limitation specified in the second paragraph of Article 118.
5
The General Directorate may employ personnel who have served for at least two years in the Foreigners Border Asylum Department of the General Directorate of Security and relevant branches of provincial security directorates to work in the central organization according to the mentioned article for three years from the publication date of this article without being subject to the numerical limitation specified in the second paragraph of Article 118.
6
Foreigners who apply in writing to governorates within one year from the effective date of Part Two of this Law shall benefit from rights granted to them regarding residence permits in this Law.
7
For those who were granted status according to the Regulation on Procedures and Principles to be Applied to Individual Foreigners Seeking Asylum in Turkey or Requesting Residence Permit from Turkey to Seek Asylum in Another Country and to Foreigners Coming to Our Borders for Mass Asylum Purposes and to Possible Population Movements, put into effect by Council of Ministers Decision No. 94/6169 dated 14.9.1994, before the effective date of Part Three of this Law, actions shall be taken according to their status specified in this Law, and procedures of applicants shall be concluded according to this Law.
From the publication date of this Law until the effective date of Part Three, residence permit fee shall not be collected from those granted status and applicants according to the mentioned Regulation.
8
Until regulations regarding the implementation of this Law enter into force, provisions of existing regulations that do not conflict with this Law shall continue to be applied.
TEMPORARY ARTICLE 2 - Transfer appointment to inspector positions
1
Among those who entered service in public administrations within the scope of general and special budget through special competitive examination and who have served for at least five years, including periods in assistant or trainee positions, in inspector, auditor, supervisor and controller positions after qualifying examination following a specific training program, those who succeed in written and/or oral examination may be transferred to inspector positions in the Migration Administration Presidency suitable to their status within one year from the effective date of this article.
The number of persons appointed in this way cannot exceed seven.
2
The periods spent by those appointed according to this article in assistant or trainee positions shall be deemed to have been spent in assistant inspector positions in the Migration Administration Presidency; periods spent in inspector, auditor, supervisor and controller titled positions shall be deemed to have been spent in inspector positions in the Migration Administration Presidency.
Article 125 - Entry into force
1
Of this Law:
a) Part Five, excluding Article 122, first, second, fifth and seventh paragraphs of Article 123 and Article 124, shall enter into force on the date of publication,
b) Other provisions shall enter into force one year after the date of publication.
Article 126 - Implementation
1
The Council of Ministers shall implement the provisions of this Law.