The same document:
Regulation on Implementation of the Law on Foreigners and International Protection
Part 1 - General Provisions
Chapter 1 - Purpose, Scope, Legal Basis and Definitions
Article 1 - Purpose and scope
1
The purpose of this Regulation is to regulate the principles and procedures regarding foreigners' entry into Turkey, their stay in Turkey and exit from Turkey, as well as the scope and implementation of protection to be provided to foreigners who request protection from Turkey.
2
This Regulation covers procedures and actions concerning foreigners within the framework of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013, as well as principles and procedures for implementation of international protection provided upon individual protection requests by foreigners at borders, border gates or within Turkey.
Article 2 - Legal basis
1
This Regulation has been prepared pursuant to Article 121 of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013.
Article 3 - Definitions
1
In this Regulation:
a
Family members: the spouse, minor child and dependent adult child of the foreigner, applicant or person who has international protection status,
b
European countries: member states of the Council of Europe and other countries to be determined by the Council of Ministers,
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: a 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
Removal center: the center where foreigners under administrative detention are temporarily held and their basic humanitarian needs are met during this period,
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
Migrant document: document obtained by signing a citizenship declaration for themselves and family members upon application to the highest civil administrative authority of places where free migrants have settled or places designated for temporary or permanent settlement of settled migrants under the Settlement Law No. 5543 dated 19/9/2006,
j
Residential address: the place registered in the address registration system in Turkey,
k
Residence permit: permission granting foreigners the right to stay in Turkey,
l
Subsidiary protection: status granted to a person who cannot be qualified as a refugee or conditional refugee but who would face the death sentence or execution of death penalty, torture, inhuman or degrading treatment or punishment, serious threat to personal safety due to indiscriminate violence in situations of international or internal armed conflict if returned to their country of origin or country of residence, and therefore cannot or does not wish to avail themselves of the protection of their country of origin or residence,
m
Provincial Directorate: Provincial Directorate of Migration Management,
n
District Directorate: District Directorate of Migration Management,
o
Victim of human trafficking: a natural person who has been subjected to or is suspected to have been subjected to the crime of human trafficking,
ö
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,
p
Reception and accommodation center: center where basic humanitarian needs of applicants or persons with international protection status are met,
r
Law: Law on Foreigners and International Protection No. 6458 dated 4/4/2013,
s
Consulate: consulates general, consulates or consular sections of embassies of the Republic of Turkey,
ş
Victim support services: victim support program and voluntary and safe return program provided based on information and consent considering the victim's safety, health and special situation during and after the reflection period,
t
Country of origin: country of which the migrating person is a citizen or bears nationality,
u
Refugee: 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 his/her nationality and is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country; or who, not having a nationality and being outside the country of his/her former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it,
ü
Prior permission requirement: permission that must be obtained from the Directorate General for entry into the country,
v
Person with special needs: unaccompanied child, disabled person, elderly person, pregnant woman, single parent with child or person who has been subjected to torture, sexual assault or other serious psychological, physical or sexual violence,
y
Unaccompanied child: 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,
z
Travel document: document substituting for a passport,
aa
Removal decision: administrative decision to remove a foreigner who does not have the right to stay in Turkey from the country to their country of origin, transit country, country through which they transited to enter Turkey, or another third country,
bb
Administrative detention for removal: holding in a removal center in accordance with the period stipulated in the Law, until removal, of those who have been issued a removal decision and who have a risk of absconding and disappearing, who have violated entry to or exit from Turkey rules, who have used fraudulent or unfounded documents, who have not left Turkey within the granted period without an acceptable excuse, who have not fulfilled obligations imposed upon termination of administrative detention, or who pose a threat to public order, public security or public health,
cc
Border gate: land, air, sea and railway border crossing points designated by Council of Ministers decision for entry into and exit from Turkey, physically separated or considered separated from the external environment,
çç
Final decision: decision made by the Directorate General if no administrative appeal is filed and no judicial review is sought, or 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,
dd
Convention: Convention Relating to the Status of Refugees dated 28/7/1951, amended by the 1967 Protocol,
ee
Conditional refugee: 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 his/her nationality and is unable or, owing to such fear, is unwilling to avail himself/herself of the protection of that country; or who, not having a nationality and being outside the country of his/her former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it,
ff
Carrier: natural or legal person owners or operators of air, sea, land and railway vehicles carrying foreigners,
gg
International protection status: refugee, conditional refugee or subsidiary protection status,
ğğ
International Students Evaluation Board: board established pursuant to Article 19 of Law No. 5978 dated 24/3/2010 on Organization and Duties of Presidency for Turks Abroad and Related Communities,
hh
Assigned province: province determined by the Directorate General in which foreigners who have applied for international protection are required to reside,
ıı
Country of citizenship: country of which the foreigner is a citizen, or each country in cases where the foreigner has multiple citizenships,
ii
Stateless person: a person who is not considered a citizen by any state and is considered a foreigner,
jj
Visa: permission granting the right to stay in Turkey for up to ninety days or transit passage,
kk
Visa exemption: arrangement removing the requirement to obtain a visa for entry into Turkey,
ll
Foreigner: a person who does not have citizenship bonds with the Republic of Turkey,
mm
Foreigner identification number: identification number issued to foreigners pursuant to Population Services Law No. 5490 dated 25/4/2006,
denotes.
Chapter 2 - Non-refoulement
Article 4 - Non-refoulement
1
The principle of non-refoulement applies to all foreigners within the scope of the Law.
2
Before foreigners who do not have the right to stay in Turkey are deported or sent from the country, the governorship shall ex officio investigate whether:
a
They would be subjected to torture, inhuman or degrading punishment or treatment in the place where they would be deported or sent.
b
Their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group or political opinions.
3
A foreigner may not be deported or sent to a country where it is determined through investigation that they would face dangers.
These persons shall be processed according to other provisions of the Law regarding international protection, residence or deportation, and the Directorate General shall be immediately informed.
4
During the investigation, information and documents may be requested from the foreigner as well as country of origin information may be utilized.
Part 2 - Foreigners
Chapter 1 - Entry into Turkey and Visas
Article 5 - Entry into and exit from Turkey
1
Entry into and exit from Turkey shall be carried out at border gates with a valid passport or documents substituting for passport.
The Ministry shall take necessary measures to ensure that this general regulation is not implemented in a way that would prevent persons from applying for international protection at border gates.
Article 6 - Document control
1
A foreigner 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.
They 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 - Entry ban to Turkey and the requirement of prior permission
1
The Directorate General may issue an entry ban decision for foreigners whose presence in Turkey is deemed objectionable in terms of public order, public security, or public health; if a deportation decision has been made against a foreigner while they are in Turkey, the Directorate General or the governorships may decide on the entry ban.
2
Procedures related to the entry ban are as follows:
a
The start date of the entry ban for foreigners to be deported is the date of their exit from the country.
b
For foreigners who have exceeded the duration of their visa, visa exemption, work permit, or residence permit by more than 10 days and applied to the governorships to exit Turkey before a deportation decision is made or before being notified of this decision, the duration of the entry ban to Turkey shall not exceed 1 year, provided that all fines and related penalties arising from the visa, visa exemption, or residence permit violation are paid, unless there are other grounds for the entry ban.
c
For foreigners who have exceeded the duration of their visa, visa exemption, work permit, or residence permit by more than 10 days and who come to the border gate on their own to exit without a deportation decision being made, an entry ban decision may not be issued due to visa or residence violation, unless there are other grounds for an entry ban.
ç
Necessary data entry is made to track the collection of travel expenses, partially or fully covered by the Directorate General, for foreigners deported at the Directorate General's expense.
d
Foreigners who do not pay the travel expenses covered by the Directorate General may be denied entry into the country.
e
The entry ban is issued for a maximum period of 5 years.
After 5 years, if there is a serious threat to public order or security, the previously imposed five-year entry ban may be extended for another 10 years, either at once or in stages.
However, the duration of the entry ban cannot exceed 15 years for the same reason.
f
The Directorate General may lift the entry ban before the period expires if deemed necessary or allow the foreigner to enter Turkey for a specified period while retaining the entry ban.
3
Due to public order or public security reasons, the entry of certain foreigners may be subject to prior permission based on the request of the relevant public institutions or directly by the Directorate General.
Foreigners subject to the prior permission requirement, as seen in the system, are not allowed to enter the country without the positive opinion of the Directorate General.
Article 9 - Notification of the entry ban and prior permission requirement
1
Notification regarding the entry ban and prior permission requirement:
a
If foreigners who are subject to an entry ban or prior permission requirement apply to consulates for a visa, residence permit, or work permit, notification is carried out by consulate officers,
b
If the foreigner is in Turkey, notification is carried out by the governorship,
c
For foreigners with an entry ban decision, notification is carried out by the law enforcement unit responsible for entry-exit procedures at border gates upon their exit from Turkey.
Article 10 - Visa requirement and principles
1
Subject to the provisions on visa exemption, foreigners intending to stay in Turkey for up to 90 days arrive with a visa appropriate to their purpose, obtained from consulates in the country of which they are citizens or where they are legally residing.
The duration of stay granted by the visa or visa exemption cannot exceed 90 days in every 180-day period.
2
The following categories of foreigners are exempt from this requirement:
a
Foreigners who have a valid residence or work permit in Turkey.
b
Persons covered under Article 28 of the Turkish Citizenship Law numbered 5901, dated 29/5/2009.
c
Foreigners exempted from residence permit requirements under bilateral or multilateral agreements to which Turkey is a party.
ç
Diplomatic and consular officials assigned in Turkey, as well as their spouses and dependent children, limited to family members reported by the Ministry of Foreign Affairs.
d
Persons working in representations of international organizations in Turkey, whose status is defined by agreements.
e
Persons holding an "identity document for stateless persons" issued under the first paragraph of Article 50 of the Law.
f
Persons possessing a valid "registration certificate," "identity document of the international protection applicant," or "identity document of the person granted international protection status" within the framework of an international protection application.
g
Persons temporarily protected under Article 91 of the Law.
ğ
Drivers and their assistants entering Turkey with multiple-entry visas for transportation purposes.
h
Migrants admitted to Turkey under the Settlement Law.
3
Possession of a visa by a foreigner does not prevent the application of provisions of the Law regarding persons who are not allowed entry to Turkey.
If it is determined that the foreigner is among those who are prohibited from entering Turkey, entry is not permitted.
4
Visas are issued for use within a maximum period of 10 years.
Visas not used within 6 months from the date of issuance become invalid.
5
Foreigners with a residence permit who enter the country on a visa may use the duration of stay granted by the visa if it exceeds the duration of their residence permit. Those arriving under a visa exemption agreement may also stay until the end of the exemption period if their residence permit duration is shorter.
6
If, due to force majeure circumstances such as weather conditions, accidents, technical failures in vehicles, or health issues, a foreigner must enter through an unplanned border gate, they may be permitted entry with their existing visa.
7
The application of these provisions shall be subject to the provisions of bilateral or multilateral agreements to which Turkey is a party, as well as the principle of reciprocity.
8
The Ministry and the Ministry of Foreign Affairs, while carrying out visa and passport procedures, shall, if necessary, consult relevant public institutions and organizations and jointly submit a proposal to the Council of Ministers.
Article 11 - Types of visas and their purpose
1
The types of visas are as follows:
a
Tourism visa: granted to foreigners wishing to come to Turkey for tourism or official visits, business meetings, conferences, seminars, meetings, festivals, fairs, exhibitions, sports events, and cultural or artistic activities.
b
Transit visa: a transit visa is granted to foreigners wishing to pass through Turkey within a specified time after entering through any border gate; the transit period restarts at each entry through the border gate within the visa's validity period.
c
Airport transit visa: issued to foreigners wishing to pass through the air border gate without entering Turkey.
ç
Education visa: issued to foreigners wishing to come to Turkey for education, study, internship, courses, student exchange programs, or Turkish language courses.
d
Work visa: issued to foreigners covered under Article 55 of the Implementation Regulation of the Law on Work Permits for Foreigners, published in the Official Gazette dated 29/8/2003 and numbered 25214, as well as to foreigners who are not covered by this regulation but wish to come to Turkey for work purposes.
e
Official duty visa: issued to foreigners appointed for official duties or assigned as diplomatic couriers.
f
Other visas: granted to foreigners coming to Turkey for purposes other than those listed in paragraphs (a), (b), (c), (ç), (d), (e), such as archaeological excavations, research, film or documentary shooting, treatment, accompaniment, family reunification, humanitarian aid, and transportation.
2
The purpose of the foreigner's visit is specified on the visa.
3
The provisions regarding the free migrant visa, which is issued in accordance with the first paragraph of Article 5 of the Settlement Law numbered 5543, are applied by the Ministry and the Ministry of Foreign Affairs with consideration of their specific conditions.
Article 12 - Visa application, finalization, and cancellation
1
Visa applications are submitted to the consulate in the country of which the foreigner is a citizen or where they are legally residing.
Applications can also be submitted electronically.
2
The Visa Application Form is filled out separately for each foreigner.
3
The foreigner is required to provide the authorized authority with the information and documents that may be requested according to the visa type.
Applications from foreigners who cannot complete the requested documents within the given time are not considered.
Processes and procedures related to visa applications may be carried out through service procurement.
4
Visa applications are finalized within a maximum of 90 days.
This period starts from the time the foreigner completes the required documents.
5
Consulates forward visa applications to the Directorate General.
Embassies of the Republic of Turkey may independently issue visas to foreign diplomats and, in exceptional cases, to foreigners for whom a visa is considered beneficial in the country's interests.
Other categories of foreigners to whom visas may be issued independently are jointly determined by the Ministry and the Ministry of Foreign Affairs.
Visas issued independently are reported to the Directorate General and the Ministry of Foreign Affairs.
The Directorate General finalizes applications, if necessary, with the opinions of relevant institutions and organizations and informs the consulate or embassy.
Notifications can also be made electronically.
6
In cases stipulated by the law regarding visa cancellation, the visa is canceled by the authority that issued the visa or by the governorships, and if the visa is in the passport, the necessary records are made.
Article 13 - Foreigners exempt from the visa requirement
1
The following foreigners are not required to obtain a visa for entry into Turkey:
a
Citizens of countries exempted from visa requirements under agreements to which the Republic of Turkey is a party or by a decision of the Council of Ministers.
b
Foreigners who hold a valid residence permit, work permit, or Work Permit Exemption Certificate as of the date of entry into Turkey.
c
Persons who possess a document that provides an exemption from a residence permit under the Law.
ç
Holders of Passports for Foreigners issued under Article 18 of the Passport Law numbered 5682 and dated 15/7/1950 and valid for entry.
d
Persons covered under Article 28 of the Turkish Citizenship Law.
e
Holders of a Migrant Certificate in accordance with Law numbered 5543.
Article 14 - Foreigners exempt from the visa requirement in exceptional cases
1
Foreigners on vehicles forced to use Turkish air and sea ports due to force majeure circumstances, such as weather conditions, accidents, technical failures in vehicles, or health issues, may be permitted entry into the country by the governorships, limited to the port city and valid for the duration of the force majeure, without a visa requirement.
The permit, allowing a stay of up to 15 days, ends once the force majeure circumstances are resolved.
2
Of the foreigners on vehicles forced to use Turkish air and sea ports due to a passenger's health issues, only the ill passenger and their accompanying person are considered within the scope of the first paragraph.
Foreigners who are prohibited from entering Turkey are not considered within the scope of the first paragraph, except in cases of health issues.
3
Foreigners arriving by sea vessels with the intention of visiting the port city or nearby provinces for tourism purposes may be granted a visa-free entry permit, not exceeding 72 hours, at the sea border gates by the governorships.
To ensure necessary measures regarding public order or public security, relevant law enforcement units are informed about such entries.
4
The procedures and principles related to the visa-free entry permit within the scope of the third paragraph are as follows:
a
Foreigners’ passports are not confiscated upon entry into the country.
However, the passports of those deemed likely to engage in irregular migration by the law enforcement unit responsible for entry and exit control at the port are confiscated until their departure, and a Port City Entry Permit is issued to them.
b
Exits are made from the same port.
If foreigners wish to exit from a port or border gate other than the entry port, a transit visa fee is collected, and exit is permitted.
c
Foreigners who exceed the 72-hour period are processed for unauthorized stay in Turkey.
ç
Passports of foreigners deemed likely to engage in irregular migration and who do not return to retrieve their passport after the 72-hour period are sent to the provincial directorates.
d
The agency or carrier guarantees the timely departure of foreigners permitted entry to the country.
5
Records of foreigners allowed entry under this article are kept in a manner compatible with the system used by law enforcement units at the border gates.
Article 15 - Visas issued at border gates
1
Except for foreigners prohibited from entering Turkey, foreigners arriving at border gates without a visa may be granted a visa in the exceptional cases listed below, provided they document their circumstances and that they will depart from Turkey within the specified time:
a
The absence of a consulate in the country where the foreigner is legally located or the inability to complete visa procedures through the consulate.
b
Force majeure circumstances, such as illness, death, or accident involving the foreigner or their spouse or close relatives in Turkey.
c
Notification from relevant authorities that the foreigner’s health condition poses a risk if they are returned.
ç
The foreigner's arrival for participation in national and international scientific, economic, cultural, and commercial activities.
d
The need for commercial ship crew members arriving at sea ports to continue to their country or another country or to join another ship at the same port.
e
Notification from public institutions and organizations that a visa is required for the foreigner at the border gate.
2
Due to force majeure, the requirement for health insurance may not be applied when issuing visas at border gates.
3
Unless a different period is specified by the President, visas are issued for a maximum stay of 15 days in cases listed under (a), (b), (c), (ç), and (e) of the first paragraph, and for a maximum of 5 days in cases listed under (d).
4
Foreigners subject to (d) of the first paragraph must have sufficient funds and a return ticket, and their timely exit from the country must be guaranteed by maritime agencies to obtain a border visa.
Article 16 - Airport transit visas
1
Consulates finalize airport transit visa applications directly.
2
The validity period of airport transit visas is a maximum of 6 months from the date of issuance.
3
Except for potential flight delays, the planned time between arrival in Turkey and departure from Turkey cannot exceed 24 hours.
4
This visa does not grant the right to enter the country.
However, in urgent and extraordinary cases, the provision regarding visas issued at border gates, within the framework of Article 13 of the Law, applies to the foreigner's entry into the country.
5
The following conditions are required for the issuance of an airport transit visa:
a
Possession of a valid passport or passport-equivalent document.
b
Having a reservation or ticket for flights enabling arrival in Turkey and transit through it.
c
Possession of a visa or a document that allows entry without a visa if a visa is required for the destination country.
6
Under normal conditions, the airport transit visa is valid only for the airport through which the transit is permitted.
7
A visa is issued in accordance with this article for third-country nationals and their accompanying persons to be deported via Turkey.
8
The principles of the airport transit visa application and the list of countries whose nationals are required to obtain an airport transit visa are jointly determined by the Ministry and the Ministry of Foreign Affairs.
Article 17 - Foreigners who are not granted a visa
1
Subject to the provision of the second paragraph of Article 15 of the Law regarding foreigners who are not granted a visa, a visa is not issued to the foreigners specified in the first paragraph of the same article.
2
When determining diseases considered a threat to public health, it is taken into account whether the disease is one of those specified in the Public Health Law numbered 1593 dated 24/4/1930, as well as whether it is a contagious or parasitic disease with epidemic potential as defined by the World Health Organization's Health Regulations.
3
In the evaluation within the framework of paragraph (g) of the first paragraph of Article 15 of the Law, factors such as the sponsor’s contribution, bank statements, cash, traveler’s checks, and salary slips may be considered.
Article 18 - Notification of visa procedures
1
Decisions on visa refusal and cancellation are notified to the foreigner.
Chapter 2 - Residence Permit
Article 19 - Residence permit
1
Except for those exempt from the requirement to obtain a residence permit, foreigners staying in Turkey beyond the period granted by the visa or visa exemption, or beyond 90 days, are required to obtain a residence permit.
2
Foreigners intending to stay for a shorter period than that specified in the first paragraph may also apply for a residence permit.
3
Residence permit applications that can be made within Turkey are submitted to the governorships, while in other cases, applications are submitted to the consulates in the foreigner’s country of citizenship or in the country where they are legally residing.
4
Residence permit applications may also be submitted electronically within the framework of the established procedures and principles.
5
Residence permits obtained abroad lose their validity if they are not activated within 6 months.
Article 20 - Foreigners exempt from the residence permit requirement
1
The following foreigners are exempt from the requirement to obtain a residence permit:
a
Those staying in Turkey within the duration of their visa or visa exemption.
b
Persons covered under Article 28 of the Turkish Citizenship Law.
c
Holders of the Stateless Person Identity Document.
ç
Persons exempt from the residence permit requirement under agreements to which the Republic of Turkey is a party.
d
Diplomatic and consular officials assigned in Turkey, as well as family members reported by the Ministry of Foreign Affairs.
e
Those assigned for a temporary period in foreign missions based in Turkey, with a temporary duty annotation granting exemption from a residence permit for up to 6 months applied to their passport by the Ministry of Foreign Affairs.
f
Persons working in the representations of international organizations in Turkey whose status is defined by agreements.
g
Persons holding a valid Registration Certificate, International Protection Applicant Identity Document, or International Protection Status Holder Identity Document within the framework of an international protection application.
ğ
Those holding a work permit or Work Permit Exemption Certificate.
h
Holders of a Migrant Certificate under the Settlement Law.
ı
Holders of a Temporary Protection Identity Document.
2
Foreigners listed in paragraphs (ç), (d), and (f) of the first paragraph may remain in Turkey for the duration of their duties based on a document, the format and content of which are jointly determined by the Ministry and the Ministry of Foreign Affairs.
3
Foreigners listed in paragraphs (ç), (d), (e), and (f) of the first paragraph, who wish to remain in Turkey after the expiration of their exemption from a residence permit or upon the conclusion of their duties, are required to apply for one of the residence permits regulated by the Law at the governorship of their residence within 10 days.
4
Except for stateless persons and holders of international protection status, periods spent in Turkey by foreigners listed in the first paragraph, based on documents and permits exempting them from the residence permit, are not included in the total duration of their residence permits.
Article 21 - Principles regarding residence permit applications
1
Foreigners applying for a residence permit provide the requested information and documents to the governorships for domestic applications and to the consulates for foreign applications within the specified period.
The documents required for the application are determined by the Directorate General and published on the official website.
2
Residence permit applications that can be submitted to governorships within Turkey must be made before the expiration of the legal period required for the application.
Applications are also accepted from those who have exceeded the residence permit duration, visa period, or visa exemption by up to 10 days.
The 10-day condition may be waived if necessary due to the foreigner’s circumstances and administrative needs.
The procedures and principles related to this are separately determined by the Directorate General.
3
For those whose applications are accepted and approved without adherence to the 10-day condition due to the foreigner’s circumstances and administrative needs, the new residence permit period begins from the application date.
Fees accrued for the period until the application date are calculated in accordance with the Fees Law numbered 492 dated 2/7/1964.
4
It is essential for the residence permit application to be submitted personally by the foreigner.
These applications may also be submitted through the foreigner's legal representative or an attorney holding power of attorney.
5
Extension applications are submitted to the governorships beginning 60 days before the expiration of the residence permit and, in any case, before the permit expires.
6
Residence permit applications submitted within 10 days by those whose work permits have been canceled or expired are finalized in accordance with Article 22 of the Law.
7
For those whose work permit extension applications are denied, the mandatory 10-day period for residence permit applications begins on the date of notification of the negative decision regarding the work permit extension application.
8
Those who complete the residence permit application in accordance with the provisions of the Law regarding residence permit applications made within Turkey or the extension of residence permits are issued a residence permit application document.
9
The principles regarding the issuance of the residence permit application document and the rights it grants to foreigners are as follows:
a
The form and content of the document are determined by the Directorate General.
b
The document indicates the status of foreigners exempt from residence permit fees.
c
The document itself is not subject to any fees, charges, or other payments.
ç
This document grants the right to stay in Turkey until the application is finalized.
d
Except for those exempt from fees as indicated on the document, foreigners may exit and re-enter Turkey multiple times at border gates with their application documents, provided they have paid the residence fees, prove their residence permit application status, and stay within the requested residence permit period.
If they return within 15 days each time, they are exempt from the visa requirement upon re-entry to the country.
If the 15-day period is exceeded, general visa provisions apply.
The provision regarding staying 90 days within 180 days per Article 10 remains in effect.
10
Those whose residence permit applications are rejected or whose residence permits are canceled are required to provide a new justification for their residence permit request if they reapply within 6 months.
11
Foreigners whose short-term residence permits have been canceled due to staying outside the country for more than 120 days in the last year, whose family residence permits were canceled due to staying outside the country for more than 180 days in the last year, or whose long-term residence permits were canceled due to staying outside Turkey for more than one continuous year are not required to provide a new justification when reapplying to obtain these permits.
12
Foreigners within the scope of the eleventh paragraph who are present in Turkey may apply for a residence permit within 10 days of receiving the cancellation notification.
In this case, a single-entry visa fee and the residence permit fee for the period from the cancellation date to the application date are collected at double the rate.
Periods spent outside the country are not taken into account in this calculation.
13
Foreign children born in Turkey may remain in the country with their birth certificates based on the valid residence permit period of the mother or father until a travel document is issued and a residence permit application is made.
A birth certificate alone does not grant the right to enter or exit Turkey.
It is mandatory to obtain an appropriate residence permit for these children within 180 days.
The residence permit is issued effective from the date of birth of the child.
Those who have not applied for a residence permit within 180 days and have resided based on their birth certificates are charged a fee calculated in accordance with the Fees Law for the time exceeded without a residence permit upon exit from the country, at double the rate.
If this fee is paid, a temporary entry ban is not applied.
14
In residence permit applications, necessary arrangements are made by the governorships considering the circumstances of disabled and ill applicants.
15
The Directorate General may regulate the provinces where residence permits can be issued due to public order or public security.
16
Special provisions in bilateral or multilateral agreements remain reserved.
Article 22 - Review and finalization of residence permit applications
1
Any missing or additional information and documents required are communicated to the foreigner at the time of application.
If the information and documents are not completed within 30 days from the date of notification, the application is withdrawn from processing.
2
Residence permit applications are finalized within 90 days at the latest from the date the application is processed.
The 90-day period begins on the date the complete information and documents are submitted to the authorized authority.
If the period is extended, the foreigner is informed.
3
An interview may be conducted with the foreigner during the evaluation process of the residence permit application.
4
If necessary, an investigation may be conducted to determine whether there is a situation that poses a threat to public order or public security.
5
A health report is requested from those previously processed due to a disease threatening public health.
6
In applications for residence permits, except for family and long-term residence permits, the foreigner's statement is essential to determine whether they have sufficient and regular financial means for their stay in the country.
If the statement is not found convincing, information and documents that provide concrete proof of the foreigner’s financial means may be requested, and the following criteria are considered in assessing the adequacy of financial means:
a
Having sufficient financial resources to cover monthly expenses equal to the net minimum wage valid for the year of application.
b
Having a total income of at least the minimum wage, with financial resources for each family member, including the applicant, amounting to one-third of the minimum wage.
c
Financial means should not rely solely on third-party commitments.
7
The foreigner's statement is essential in determining accommodation conditions that meet general health and safety standards.
If necessary, verification is made through the address registration system or on-site investigation.
8
The foreigner’s address in Turkey may be a fixed address or an address belonging to an accommodation facility.
In any case, the foreigner fully declares their address information.
If necessary, additional information or documents are requested to complete the address information.
9
Foreigners arriving under yacht tourism may designate the yacht marinas where their yachts are moored as their residence address.
10
Applications for residence permits are rejected for those who have outstanding debts arising from visa violations or a previous residence permit, as well as court costs, attorney fees, or other debts required to be collected and followed up under the Law on Collection Procedure of Public Receivables numbered 6183 dated 21/7/1953 or the Turkish Penal Code numbered 5237 dated 26/9/2004.
11
In cases where the expired residence permit is not extended or the residence permit request is denied, the foreigner is issued a document, not subject to fees, determined in form and content by the Directorate General, allowing them to stay in Turkey for only 10 days.
12
Foreigners who obtained a residence permit, work permit, or work permit exemption certificate from consulates are required to register with the address registration system within 20 business days from the date they entered the country. Foreigners who received these permits within Turkey are required to register from the date they receive the permit documents.
13
Foreigners are required to have valid health insurance covering the duration of the requested residence permit.
Those within the general health insurance system in Turkey are considered to have valid health insurance.
The insurance policies provided for valid health insurance must meet the terms and conditions specified in the relevant institutions' regulations.
For applications submitted within Turkey, private health insurance issued by foreign companies is accepted, provided it is contracted within Turkey.
Persons eligible for healthcare services in Turkey under bilateral social security agreements are not required to have private or public health insurance if they can document this status.
14
For those who are not covered by general health insurance or who have not applied to the Social Security Institution, a private health insurance policy covering at least one year, renewable at the end of the year, is required for residence permit requests of one year or more.
15
In cases where the Treasury reports that private health insurance cannot be arranged, residence permit applications are accepted without the health insurance requirement.
16
Foreigners who receive free treatment in Turkey or are brought for treatment under agreements, protocols, and relevant legislation made by the Ministry of Foreign Affairs and the Ministry of Health are not required to have health insurance, provided they document their status.
17
For citizens of foreign states whose healthcare expenses are covered directly by their countries or through their representations, the health insurance requirement may be waived.
18
During the rejection of the residence permit application, the non-extension or cancellation of the residence permit, the foreigner's family ties in Turkey, length of stay, situation in the country of origin, and the best interest of the child are taken into consideration, and enforcement of the decision may be deferred.
A document not subject to fees and providing the right to stay in Turkey for one month is issued to the foreigner in this situation.
At the end of the one-month period, the governorship conducts a re-evaluation, and if it is determined that the foreigner's situation requiring their stay in the country continues, the validity of the document may be extended monthly.
In this case, the foreigner is charged a fee for the stay in accordance with the provisions of the Fees Law.
Article 23 - Issuance and extension of residence permit duration
1
The issuance and extension of residence permit duration are carried out as follows:
a
The residence permit is issued for a period 60 days shorter than the validity period of the passport or passport-substitute document.
b
The type of permit is specified on the residence permit document.
c
A separate residence permit document is issued for each foreigner.
For this document, a valuable paper fee determined by the Ministry of Finance is charged in accordance with the Law on Valuable Papers numbered 210 dated 21/2/1963.
ç
The residence permit starts from the date the visa or visa exemption period ends or, upon request, from the date of application.
d
The extended residence permit duration begins from the date the previous permit expires.
e
Except for long-term residence permits, other residence permits are issued for a limited period and extended in accordance with the principles set forth in Article 24 of the Law.
f
A new residence permit document is issued each time the residence permit duration is extended.
g
Residence permit extension applications may also be submitted electronically.
The procedures and principles for receiving applications are determined by the Directorate General.
Article 24 - Status of persons detained and imprisoned, and foreigners under administrative detention
1
The following foreigners are not considered to have violated visa or residence permit conditions after the initiation of proceedings against them:
a
Those under arrest.
b
Those detained or imprisoned as convicts.
c
Those under administrative detention.
ç
Those held in deportation centers.
2
If a visa or residence permit violation occurred before falling within the scope of the first paragraph, the period of violation is processed under general provisions, and residence permits, if any, are canceled.
3
Residence permit requests from foreigners listed in this article are not considered, and the procedures and principles for issuing foreign identification numbers are determined by the Directorate General.
Article 25 - Recognition of a work permit as a residence permit
1
Work permits issued by the Ministry of Labor and Social Security or by public institutions and organizations authorized to issue work permits under their own legislation are considered valid residence permits for their duration.
These foreigners, as well as those holding a Work Permit Exemption Certificate, are not required to obtain a separate residence permit document if they pay the residence permit fee.
Applicants for international protection are exempt from this fee.
2
Foreigners applying for the issuance or extension of a work permit must not be among those prohibited from entering Turkey.
Institutions authorized to issue work permits may grant a work permit only after obtaining a positive opinion from the Directorate General on this matter.
3
The expiration date of the work permit also marks the expiration date of the residence permit.
Foreigners who do not extend their work permit duration or obtain a residence permit suitable for their new status after the expiration of their work permit are considered to have violated the residence permit conditions.
4
The duration of work permits and Work Permit Exemption Certificates is included in the total residence permit duration.
5
Public institutions and organizations issuing work permits share updated information regarding work permits with the Directorate General.
Article 26 - Transition between residence permits
1
Foreigners who hold one type of residence permit and wish to continue staying in Turkey after the reason for issuing that permit has ended must apply to the relevant governorship for a new residence permit appropriate to their new purpose of stay within 10 days from the end of the initial reason.
These foreigners are issued a residence permit application document.
2
The existing residence permit of a foreigner applying for transition under the first paragraph ends on the date when the reason for issuance ceases.
3
A foreigner holding one type of residence permit, who also has a new reason for residence, may continue to stay under the current residence permit or apply to the governorship for a new residence permit without waiting for the 60-day period specified in the fifth paragraph of Article 21.
4
If a foreigner holding a student residence permit becomes eligible for a family residence permit, they are granted a family residence permit and continue to benefit from the rights provided by the student residence permit as long as they meet the student permit conditions.
5
If a foreigner holding a family residence permit becomes eligible for a student residence permit, the family residence permit remains valid, and the foreigner also benefits from the rights provided by the student residence permit.
6
If a foreigner holding a work permit becomes eligible for a student residence permit, the work permit remains valid, and the foreigner also benefits from the rights provided by the student residence permit.
7
Foreigners holding a humanitarian residence permit or a residence permit for victims of human trafficking may benefit from the rights provided by the student residence permit without transitioning to a student residence permit if they become eligible for it.
8
Refugees, conditional refugees, holders of secondary protection status, holders of humanitarian residence permits, and those under temporary protection are not granted the right to transition to a long-term residence permit.
9
To ensure effective control over changes in residence permits, cooperation is established with relevant institutions and organizations.
Article 27 - Types of residence permits
1
The types of residence permits include:
a
Short-term residence permit, issued for a maximum period of 1 year each time.
b
Family residence permit, issued for a maximum period of 2 years each time.
c
Student residence permit, issued according to the duration of study.
ç
Long-term residence permit, issued without any time limit.
d
Humanitarian residence permit, issued for a maximum period of 1 year each time.
e
Residence permit for victims of human trafficking, initially issued for 30 days and subsequently renewable for periods of up to 6 months each time, with a total duration not to exceed 3 years.
Article 28 - Short-term residence permit
1
The short-term residence permit is issued for a maximum period of 1 year each time.
When determining the duration of the residence permit, the foreigner’s request, justification, and other related factors are taken into consideration.
2
In applications for a short-term residence permit for scientific research:
a
If scientific research requires permission, a permit from the relevant institution or organization is requested; if not, a statement regarding the research subject is required.
b
For research other than archaeological and surface studies, the foreigner’s request, approved duration, and granted permission are forwarded by the institution or organization to the provincial directorate with the foreigner’s information.
Reports prepared as a result of the research are submitted to the relevant institution or organization by the foreigner.
c
Foreigners arriving for archaeological excavations and surface studies are required to have a visa appropriate to their purpose.
ç
Information and documents related to the research subject and plan may be requested when necessary.
d
Requests from foreigners with another type of residence permit who will participate in archaeological and surface research are sent to the Ministry along with the opinions of the relevant institutions.
3
In applications for residence permits submitted by foreigners with immovable property, the property must be a residence and used for this purpose.
In cases where family members hold shared or joint ownership rights to the residence, they may also apply for a residence permit under this provision.
For family members who do not hold shared or joint ownership rights, the property may only serve as proof of financial means.
4
For residence permit applications submitted for business connections or establishing a business for a period longer than 3 months, an invitation letter or similar documents from the persons or companies with whom contact will be established may be requested.
5
Residence permits granted for participation in in-service training programs are issued for the program duration based on information and documents regarding the content, duration, and location of the training provided by the institution offering the in-service training.
6
For those who will receive residence permits for education or similar purposes under bilateral or multilateral international agreements or student exchange programs, information or documents from the relevant institution may be required.
The residence permit duration cannot exceed the duration of the education or similar purpose.
For students arriving under student exchange programs, the health insurance requirements are regulated by the provisions of the eighth paragraph of Article 35.
7
For applications for residence permits for tourism purposes, the foreigner’s declaration regarding travel details, such as where, when, and for how long they will stay in the country, is evaluated.
The foreigner may be asked to provide information or documents relating to the travel plan or the purpose of stay.
8
For foreign teachers in schools within embassies or consulates in Turkey, staff of foreign cultural institutions, and religious personnel assigned to religious institutions, a residence permit for work is granted separately with a separate work and residence permit fee charged in accordance with subparagraph (g) of the first paragraph of Article 31 of the Law.
9
For foreign journalists in Turkey who are exempt from the scope of the Law on Work Permits for Foreigners numbered 4817, a residence permit is issued in accordance with subparagraph (g) of the first paragraph of Article 31 of the Law, for a period not exceeding the validity of the press card issued by the Directorate General of Press and Information.
10
Residence permit requests not specified as short-term residence permit applications above are considered as requests for tourism purposes.
11
For foreigners who do not have any diseases that are considered a threat to public health and who have come to Turkey solely for treatment, acceptance into a public or private hospital is required.
Foreigners who document that they have paid all their treatment expenses are exempt from the requirement of health insurance.
Residence permits are issued in accordance with the duration of the treatment.
For foreigners whose accommodation, food, or health expenses are covered by the relevant public institutions and organizations, confirmation of financial means and valid health insurance are not required.
Information or documents related to the foreigner’s treatment may be requested from the relevant hospital or public institution, if necessary.
12
The duration of residence permits issued upon the request or decision of judicial or administrative authorities is determined based on the specified period in the decision or request, and may not require valid health insurance or proof of financial means.
13
Residence permits issued for the purpose of learning Turkish may be granted to a foreigner enrolled in an institution authorized to provide Turkish language courses no more than twice.
If the course duration is less than 1 year, the residence permit duration cannot exceed the course duration.
The institution providing the Turkish course must be licensed by the Ministry of Education.
The institution is required to notify the provincial directorate of the foreigner’s start and attendance in the course.
14
For those participating in education, research, internships, or courses in Turkey through public institutions, the duration of the residence permit cannot exceed 1 year.
Foreigners whose accommodation, food, or health expenses are covered by relevant public institutions are not required to prove financial means or have valid health insurance.
Information and documents may be requested from the institutions.
15
For military personnel present in Turkey for educational purposes under bilateral or multilateral agreements, the necessary procedures are carried out in accordance with the special provisions in the agreements.
If family residence permits cannot be issued to their dependents, a short-term residence permit may be issued.
16
Graduates who have completed their higher education in Turkey may be granted a one-time residence permit for a maximum period of 1 year if they apply within 6 months from the date of graduation.
In addition to considering the reasons provided by the applicant, the opinions of relevant institutions and organizations may also be evaluated when granting this permit.
Article 29 - Refusal, cancellation, or non-extension of short-term residence permits
1
A short-term residence permit is not issued, is canceled if issued, or is not extended in the following cases:
a
Non-fulfillment or termination of one or more of the conditions required under Article 32 of the Law.
b
Determination that the residence permit is used for purposes other than those for which it was issued.
c
Remaining outside the country for more than 120 days within the last year, except for mandatory public service, duty, education, or health reasons.
ç
Having a valid deportation decision or entry ban to Turkey.
2
The decision to refuse, cancel, or not extend the residence permit is communicated to the foreigner, their legal representative, or attorney.
Article 30 - Family residence permit
1
A family residence permit may be issued based on the following sponsors:
a
Turkish citizens.
b
Persons who have lost Turkish citizenship by obtaining permission to renounce citizenship under Article 28 of the Turkish Citizenship Law.
c
Foreigners holding one of the residence permits regulated by the Law and residing in Turkey with a residence permit for at least 1 year.
ç
Persons with an identification document accepted as a residence permit under the Law, excluding applicants for international protection, conditional refugees, and those under temporary protection.
d
Refugees and holders of secondary protection status.
2
Foreigners eligible for a family residence permit include:
a
The foreign spouse of the sponsor.
b
The minor foreign child or adopted child of the sponsor or their spouse.
c
The dependent adult child of the sponsor or their spouse.
3
If the sponsor is married to more than one spouse according to the laws of their country, only one of the spouses is granted a family residence permit.
However, children under 18 from the sponsor’s other spouses, as well as dependent children over 18, may also be granted a family residence permit.
4
For applications for a family residence permit for children located outside Turkey, the consent of the parent with joint custody is required.
5
Family residence permits provide the right to education in primary and secondary schools without requiring a student residence permit until 18 years of age.
Foreigners who reach 18 and are not dependent on their legal representative are required to obtain a student residence permit if they continue their education.
However, foreigners who remain dependent on their legal representative retain their family residence permit and continue to enjoy the rights provided by the student residence permit.
The determination of foreigners aged 18 and above who are dependent on the sponsor or their spouse is based on the provisions of the Social Insurance and General Health Insurance Law numbered 5510 dated 31/5/2006.
6
Foreigners aged 18 and over who have resided in Turkey with a family residence permit for at least 3 years may, upon request, convert their permit to a short-term residence permit or apply for another type of residence permit for which they meet the requirements.
7
In the event of divorce, a foreign spouse who was married to a Turkish citizen may be granted a short-term residence permit if they have resided with a family residence permit for at least 3 years.
The foreign spouse also has the right to apply for another type of residence permit for which they meet the requirements.
8
A foreign spouse who is a victim of domestic violence may be granted a short-term residence permit without the 3-year requirement, provided they present a court decision confirming they were a victim of such violence.
9
In the event of the sponsor's death, the family residence permit issued based on the sponsor is valid until the end of its duration.
A short-term residence permit may be granted without a time condition.
At the end of this period, the foreigner’s request for a residence permit is evaluated according to general provisions.
Article 31 - Income standard of the sponsor for the issuance of a family residence permit
1
In applications for family residence permits, subparagraph (b) of the fifth paragraph of Article 40 of the Law is applied to calculate the total monthly income of the sponsor.
Article 32 - Submission of the sponsor's information and documents
1
After an application for a family residence permit is submitted to the consulate, information and documents proving that the applicant meets the requirements of the first paragraph of Article 35 of the Law are provided by the sponsor to the governorship where they reside.
The application for the family residence permit is processed once the information and documents are submitted.
Article 33 - Refusal, cancellation, or non-extension of a family residence permit
1
A family residence permit is not issued, is canceled if issued, or is not extended in the following cases:
a
Non-fulfillment or termination of the conditions stipulated in the first and third paragraphs of Article 35 of the Law.
b
Non-issuance of a short-term residence permit after the conditions for a family residence permit cease to exist.
c
Having a valid deportation decision or entry ban to Turkey.
ç
Determination that the family residence permit is used for purposes other than those for which it was issued.
d
Remaining outside the country for more than 180 days within the last year, except for mandatory public service, duty, education, or health reasons.
e
Determination that the marriage was conducted solely for the purpose of obtaining a residence permit.
2
The decision to refuse, cancel, or not extend the residence permit is communicated to the foreigner, their legal representative, or attorney.
Article 34 - Family residence permit requested through a marriage of convenience
1
If one or more of the following circumstances exist, it is considered reasonable suspicion that the marriage was conducted solely for the purpose of obtaining a residence permit, and an investigation is initiated:
a
The spouses do not live in the same residence or there are complaints that the marriage is not maintained as a family unit.
b
The spouses do not speak a common language.
c
There is an unreasonable age difference between the spouses.
ç
The foreigner has committed visa or residence permit violations.
d
The spouses have declared that their marriage is one of convenience.
e
One of the spouses has been found to have engaged in unlawful means of earning or working without permission.
f
The family income is not suitable to meet the standard of living.
2
The investigation is carried out considering the following factors:
a
Avoiding actions that disturb or offend individuals.
b
Taking measures to ensure the confidentiality of private life and the inviolability of the home.
c
Conducting interviews with the spouses separately and together.
The spouses are obliged to attend the interview upon invitation.
ç
Determining whether shared responsibilities exist.
d
Obtaining information from close neighbors, individuals living nearby, or family members.
e
Obtaining information from local units.
These units are required to promptly fulfill requests for information and documents.
f
Involvement of sociologists, social workers, psychologists, or other professionals during the investigation, if necessary.
g
Requesting accompaniment from law enforcement personnel if needed.
ğ
Compliance with other conditions determined by the Ministry.
3
Following the investigation specified in the first paragraph, a commission is formed to assess and determine whether the marriage was conducted solely for the purpose of obtaining a residence permit. The commission is chaired by a representative of the provincial directorate and includes one representative each from the provincial directorate of family and social policies, the provincial directorate of population and citizenship affairs, and the provincial security directorate, with at least one female member present.
The commission makes decisions by simple majority vote.
In case of a tie, the chairman's vote determines the outcome.
Representatives from other institutions may also be invited to the commission.
4
After the issuance of a family residence permit, governorships may continue to conduct checks to verify whether the marriage is one of convenience.
5
Residence permits obtained through a marriage of convenience and subsequently canceled are not included in the calculation of the residence permit duration stipulated by the Law.
6
If a marriage of convenience is established, the relevant law enforcement authorities are informed.
Article 35 - Principles regarding student residence permits
1
Foreigners who will pursue associate, undergraduate, graduate, or doctoral studies at a higher education institution in Turkey, as well as foreigners attending primary and secondary education without a family residence permit, are required to obtain a student residence permit.
This is subject to the provision regarding applicants for and holders of international protection status.
2
For applications from Turkey, foreigners intending to attend primary and secondary education must meet the visa requirements relevant to their purpose.
3
Students studying in Turkish schools or faculties are granted a residence permit without fees.
Students in non-Turkish schools, such as consulate, embassy, and international schools, are required to pay the residence permit fee.
4
The Directorate General, in cooperation with primary, secondary, and higher education institutions, as well as relevant institutions and organizations, takes necessary measures to facilitate students’ procedures.
5
Criteria for covering the care and expenses of foreigners attending primary and secondary education are determined by the Directorate General in consultation with relevant institutions.
6
Student residence permits grant students only the right to act as a sponsor in family residence permit applications for their spouse and children.
It does not provide any rights for obtaining residence permits for other relatives.
7
If the period of study at the institution where the student is enrolled is less than 1 year, the duration of the student residence permit cannot exceed the study period.
8
Foreign students who apply to become general health insurance beneficiaries within 3 months from their initial registration date, in accordance with the Social Insurance and General Health Insurance Law, are not required to obtain separate health insurance.
However, foreign students who fail to apply within 3 months from their registration date and thereby lose the right to general health insurance must obtain private health insurance.
9
Foreign students brought to Turkey through public institutions and organizations are not required to declare their income if they submit a document indicating that their accommodation, health, and living expenses will be covered by the relevant institution during their stay.
10
Students who come to Turkey to enroll in universities and are directed to Turkish language preparatory courses by their schools are issued a student residence permit valid until the beginning of the next academic term, provided they document their status.
11
Students and relevant educational institutions must notify the provincial directorates within 20 days of any changes related to the student’s status or enrollment.
12
In cases where higher education students change universities, faculties, or departments, the following procedures are applied:
a
If the student changes faculties or departments within the same institution or transfers to a different institution in the same province without taking a break in their studies and notifies the authorities in time, the existing residence permit remains valid.
If the residence permit duration is shorter than the study period, it is extended for the study period from the permit's expiration date.
b
If the student continues their studies in a different province, the governorship of the new province cancels the existing residence permit and issues a new residence permit for the duration of the new study period.
13
If the higher education student suspends their enrollment, the residence permit is canceled from the suspension date.
14
Student residence permits are not granted for reasons of special student status, open education, or distance education.
Article 36 - Application for student residence permits
1
The application for a student residence permit is made by the student or the educational institution after the student completes the pre-registration process, following the procedures and principles determined by the Directorate General.
Those placed by the decision of the International Students Evaluation Board are not required to complete pre-registration.
The procedures and principles regarding implementation are determined jointly by the Directorate General and the Secretariat of the International Students Evaluation Board.
2
Educational institutions may also apply for a student residence permit on behalf of students who wish to obtain it from consulates.
3
For applicants under 18 years of age or those who are minors, the provisions of Article 122 are applied in their student residence permit procedures.
Article 37 - Issuance of student residence permits
1
For foreigners attending primary and secondary schools, a residence permit is issued for a maximum period of 1 year, valid from the start of studies until the beginning of the following academic year.
2
Foreigners enrolled in associate, undergraduate, graduate, or doctoral programs at higher education institutions in Turkey may be issued a residence permit covering the full duration of the study program from the date of application.
If the student does not graduate within the standard duration, the residence permit may be extended for additional periods of up to 1 year each, not exceeding the maximum study period.
Residence permits of students who graduate terminate on the graduation date, and the 10-day period stated in the first paragraph of Article 26 starts from the date of graduation.
Article 38 - Right to work for graduate and doctoral students
1
Graduate and doctoral students studying in Turkey may work if they obtain a work permit.
2
The full duration of a student’s work permit is counted towards the total residence permit duration.
The period covered by the student residence permit for the same timeframe is not included in this calculation.
3
Students with a work permit are exempt from the obligation to obtain a student residence permit during the validity of the work permit.
However, if the work permit expires or is not renewed, the foreign student must obtain a student residence permit.
Article 39 - Refusal, cancellation, or non-extension of a student residence permit
1
A student residence permit is not issued, or if issued, it is canceled or not extended if conditions required for obtaining it are not met or no longer apply, if there is evidence that the student cannot continue studies, if the permit is used for purposes other than those for which it was issued, or if the foreign student has a valid deportation decision or entry ban to Turkey.
2
If the student residence permits of students who are Turkey scholarship recipients are refused, not extended, or canceled, the scholarship provider institution is notified.
3
The decision to refuse, cancel, or not extend the residence permit is communicated to the foreigner, their legal representative, or attorney.
Article 40 - Long-term residence permit
1
Foreigners who meet the conditions stipulated by the Law for a long-term residence permit or those set by the Migration Policy Board are granted an indefinite long-term residence permit issued by the governorates with the approval of the Ministry.
2
Foreigners may apply for a long-term residence permit if they meet the conditions.
When checking the condition of continuous residence for 8 years, any interruptions are determined as follows:
a
The calculation is based on the application date.
Periods spent abroad and periods spent in Turkey without a residence permit are considered interruptions.
b
If there are no interruptions exceeding 180 days in any of the 1-year periods counted backward from the application date, the check proceeds to the next year until 8 years are completed.
c
If there are no interruptions exceeding 180 days in each of the 1-year periods, it is checked whether the total interruption exceeds 365 days in the last 5 years.
ç
If the foreigner has a single or consecutive interruption, either abroad or in Turkey without a residence permit, exceeding 6 months within 8 years, the application is rejected without proceeding to the 1-year period calculation.
d
Periods of previous residence permits are not counted towards the total residence permit duration for foreigners subject to deportation.
3
For meeting the requirement of uninterrupted 8-year residence with a residence permit in Turkey, residence permits obtained before the Law's enactment are also included in the calculation under the second paragraph.
4
It is checked whether the foreigner has received social assistance in the last 3 years from the application date.
If it is determined that they have received social assistance, the application is rejected.
5
The following criteria apply to the requirement of having sufficient and regular income sources:
a
The foreigner must have financial resources sufficient to cover their monthly expenses at the level of the net minimum wage effective in the year of application.
b
The foreigner must have financial resources sufficient to cover expenses for themselves, totaling no less than the minimum wage, and for each family member, totaling one-third of the minimum wage.
c
The foreigner's income sources cannot rely on third-party commitments.
6
The application is rejected if the foreigner does not have valid health insurance at the application date.
7
If necessary, it is checked, in cooperation with relevant security units, whether the foreigner poses a threat to public order or security.
Article 41 - Rights granted by the long-term residence permit
1
Foreigners with a long-term residence permit are entitled to the same rights as Turkish citizens under the following provisions:
a
They are exempt from military service obligations in Turkey.
b
They are not entitled to voting, election, holding public office, or tax-exempt vehicle importation rights.
c
Their acquired rights related to social security are preserved, but the use of these rights is subject to the provisions in the relevant laws.
ç
Their transactions related to residence, travel, work, investment, commercial activities, inheritance, acquisition, and disposition of movable and immovable property in Turkey are conducted by the relevant institutions and organizations according to the legislation applied to Turkish citizens.
2
If a specific law requires Turkish citizenship for exercising any of the rights and obligations specified in the first paragraph, those with a long-term residence permit cannot claim these rights.
3
The rights granted to foreigners with a long-term residence permit may be partially or fully restricted by a decision of the Council of Ministers, either at the request of the Ministry or on its own initiative.
Article 42 - Cancellation of the long-term residence permit
1
The long-term residence permit is canceled if it is determined, based on an opinion from relevant security units, that the holder poses a serious threat to public order or security.
2
The long-term residence permit is canceled for those who remain outside Turkey for more than 1 year continuously, except for reasons of health, education, mandatory public service, or assignment.
3
The cancellation of the long-term residence permit is carried out by the governorates with the approval of the Ministry.
4
Persons whose permit is canceled under the first paragraph cannot apply for one of the types of residence permits stipulated by the Law.
5
The decision to cancel the residence permit is communicated to the foreigner, their legal representative, or attorney.
Article 43 - Reapplication by foreigners whose long-term residence permits have been canceled
1
Foreigners whose long-term residence permits have been canceled due to staying outside Turkey for more than 1 year continuously, except for reasons of health, education, mandatory public service, or assignment, may reapply to obtain this permit.
2
Applications are submitted to consulates abroad or to the governorate of the province where the foreigner resides in Turkey, either in person or in accordance with the application procedure determined by the Directorate General.
3
These applications are prioritized and finalized within 1 month at the latest.
4
Evaluation is conducted based on the following factors:
a
The foreigner's intent to reside permanently in Turkey,
b
Whether they have relatives in Turkey,
c
Ownership of movable or immovable property,
ç
Active employment and work relationships,
d
Social, economic, and cultural ties with Turkey.
5
In these applications, it is checked whether the conditions for obtaining a long-term residence permit are met.
However, the requirement for 8 years of continuous residence is not reevaluated.
6
The evaluation conducted by the governorates is submitted to the Ministry along with the governorate's opinion.
The reissuance of the long-term residence permit is subject to the Ministry's approval.
Article 44 - Issuance, extension, or cancellation of the humanitarian residence permit
1
Humanitarian residence permit procedures are initiated upon the request of the Directorate General or the governorate.
2
The governorate conducts an independent evaluation during the term of humanitarian residence permits to determine whether the conditions that served as the basis for issuing these permits still apply and informs the Ministry.
The humanitarian residence permit is canceled or not extended by the governorates with the Ministry’s approval if the conditions that necessitated its issuance no longer exist.
The governorate notifies the foreigner of the decision to cancel or not extend the humanitarian residence permit no later than 15 days before the expiration of the permit, in line with the Ministry’s approval.
3
Persons holding a humanitarian residence permit may apply for other residence permits, except for a long-term residence permit, provided they meet the necessary conditions during the validity period of the humanitarian residence permit.
4
Periods spent with a humanitarian residence permit are not included in the calculation of residence permit periods specified in the Law.
5
Foreigners with a humanitarian residence permit must register in the address registration system within 20 business days from the date the permit is issued.
6
Humanitarian residence permits are subject to the provisions of the Law on Fees.
Failure to pay a fee previously calculated due to a residence term violation does not prevent the issuance of a humanitarian residence permit if the necessary conditions for its issuance are met.
7
The decision to cancel or not extend the humanitarian residence permit is communicated to the foreigner, their legal representative, or attorney.
Article 45 - Residence permit for victims of human trafficking, its extension, and support program
1
A 30-day residence permit, free of charge, is issued by the governorates to victims of human trafficking or those strongly suspected of being victims, to aid their recovery and cooperation with authorities.
During this period, the primary conditions include the voluntary residence of the victim in a shelter or support center and participation in a support program.
2
The victim support program, provided at a minimum level within the available resources, includes assistance in areas such as accommodation, healthcare, psychosocial support, interpreter assistance, and education.
3
Obligations may be imposed on the victim during the support program or independent residence.
4
When issuing a residence permit for victims of human trafficking, requirements such as a valid passport, visa, proof of income, address registration, health insurance, the absence of a deportation decision, or an entry ban, which are needed for other types of residence permits, are not required.
5
The residence permit for victims of human trafficking may be extended for a maximum period of 6 months at a time and for a total duration not exceeding 3 years, depending on the victim’s safety, health, or special circumstances.
Article 46 - Termination of the support program for victims of human trafficking and cancellation of the residence permit
1
The support program is terminated, and the residence permit for victims of human trafficking is canceled in the following cases:
a
It is determined that the foreigner, on their own initiative, reestablished contact with the perpetrators.
b
Failure to comply with imposed obligations.
c
It is determined that the foreigner is not a victim.
2
If it is established that the actions under points (a) and (b) of the first paragraph were committed due to coercion, intimidation, violence, or threat, the residence permit is not canceled.
Chapter 3 - Stateless Persons
Article 47 - Application
1
Persons who arrive in Turkey as stateless individuals or who lose their citizenship while in Turkey submit an application to the governorate to determine their status.
2
Applications are submitted in person.
Applications on behalf of minor children are submitted by the parents, or if they are absent, by an appointed guardian or trustee.
3
Applications submitted to law enforcement or other public institutions within the country or at border crossings are immediately reported to the governorate.
4
The applicant is given a reasonable time to present documents supporting their claim of statelessness.
If the applicant cannot provide any documents proving their identity, their statements may be accepted as evidence.
5
For those whose applications are accepted, a temporary document, exempt from fees, is issued, valid until a final decision is made.
The legal stay permitted based on this document is not included in the calculation of the total residence period.
6
Applications from individuals holding a stateless person identification document or stateless passport issued by another country are not processed.
7
For those holding a stateless person identification document from another country and applying for a residence permit in Turkey, their requests are evaluated under general provisions, and they are required to possess a passport or a valid equivalent document in all cases.
Article 48 - Interview in stateless person applications
1
After the completion of the application and registration procedures, an interview is conducted within 15 days, except for mandatory reasons.
The report prepared as a result of the interview is sent to the Directorate General for a decision along with the opinion of the governorate.
2
During the interview, the following issues are clarified:
a
The date and manner of entry into the country.
b
Whether the applicant has relatives in the country and, if so, where they reside.
c
The means by which the applicant sustains themselves.
ç
The process leading to statelessness.
d
Identification of the applicant's previous citizenship and related documents.
e
Determining whether the applicant has applied for stateless person status in another country, and if the request was denied, the reasons for the denial and the relevant information and documents.
f
The possibility of regaining the lost citizenship.
Article 49 - Determination of statelessness
1
The Directorate General, if necessary, consulting relevant institutions and organizations, completes the determination process regarding whether the person is stateless within 90 days.
2
The following principles are followed in determining statelessness:
a
The applicant is required to provide information and documents showing that they have no citizenship with any country.
b
If information and documents cannot be obtained directly, provisions of the relevant country’s citizenship legislation may be accepted as evidence.
c
The Directorate General may, if necessary, request information and documents from the country of the applicant's former citizenship.
3
For foreigners suspected of being hidden citizens, an initial examination is conducted with the provincial or district civil registration and citizenship directorates to determine their status.
Article 50 - Issuance, rights, guarantees, and cancellation of the Stateless Person Identity Document
1
An Identity Document for Stateless Persons, exempt from fees, is issued by the governorates to individuals determined to be stateless.
This document is renewed every two years as long as the individual remains stateless.
2
The form and content of the Stateless Person Identity Document are determined by the Directorate General.
3
The Stateless Person Identity Document grants the following rights:
a
They may apply for one of the residence permits they are eligible for.
b
They are not subject to deportation unless they pose a serious threat to public order and public security.
c
They are exempt from the condition of reciprocity.
ç
In matters related to work permits, they are subject to the provisions of the Law on Work Permits for Foreigners.
d
They may obtain a passport for foreigners under the provisions of Article 18 of the Passport Law.
4
The Stateless Person Identity Document is canceled if the person acquires citizenship, if it is found that false information or documents were submitted in the application, or if a deportation order is issued on the grounds of a serious threat to public order or public security.
Chapter 4 - Deportation
Article 51 - Deportation
1
Foreigners may be deported to their country of origin, a transit country, a country through which they passed en route to Turkey, or a third country based on a deportation decision.
2
When determining the country for deportation, the individual’s citizenship status, whether they will be accepted by the planned destination country, and any request to be sent to a third country, if applicable, are considered.
Article 52 - Deportation decision
1
In addition to the foreigners specified in Article 55 of the Law, a deportation decision is not taken for the following categories of foreigners:
a
Those whose visa or residence permits have been canceled and who voluntarily arrive at border gates within 10 days to leave the country.
b
Those who have overstayed their visa or visa exemption period by more than 10 days and voluntarily arrive at border gates to leave.
c
Those who have come with a visa or under a visa exemption and whose residence permit applications have been rejected but whose visa or visa exemption period has not yet expired.
ç
Those with residence permits who have overstayed their residence period by more than 10 days without acceptable justification and voluntarily arrive at border gates to leave.
d
Those whose residence permit extension applications have been rejected and who voluntarily arrive at border gates to leave without leaving Turkey within 10 days.
e
Foreigners who have withdrawn or are deemed to have withdrawn their international protection application and have voluntarily declared in writing that they waive their right to appeal and wish to return to their country.
f
Foreigners who have withdrawn or are deemed to have withdrawn their international protection application and have declared in writing that they waive their right to appeal and are permitted to remain in Turkey under other provisions of the Law.
g
Applicants for international protection who have appealed under inadmissible applications and accelerated assessments until a final court decision is made.
2
In relation to deportation decisions taken under Article 54 of the Law, the following considerations are also taken into account:
a
Opinions of public institutions and organizations may be obtained to determine foreigners who pose a threat to public order or public security.
b
A health report is considered to determine foreigners who pose a threat to public health.
3
The situations of foreigners whose work permits have been canceled are reported by the relevant institution to the Directorate General for evaluation under Article 54 of the Law.
4
The provision of subparagraph (ğ) of the first paragraph of Article 54 of the Law applies to those found to be using their work permit for purposes other than intended.
5
If, after assessment, it is determined that a deportation decision is not necessary, a decision is issued by the governorate stating that deportation is not required, and the foreigner is notified accordingly.
Article 53 - Time limits for deportation, invitation to leave Turkey, and administrative detention decision, and the detention of the foreigner within this period
1
A decision for deportation, an invitation to leave Turkey, and administrative detention is made within 48 hours at the latest.
2
In cases where foreigners are apprehended by law enforcement:
a
The 48-hour period begins from the moment the foreigner is transferred to the deportation center in provinces with such centers.
b
If the province where the foreigner is apprehended does not have a deportation center or the center is full, the 48-hour period begins from the moment law enforcement transmits the documents related to the foreigner to the provincial directorate.
c
Law enforcement transmits the foreigner’s information and documents to the provincial directorate as soon as possible.
If no information or documents are available to verify the foreigner’s identity, their statements may be accepted.
3
In cases where foreigners are identified by the provincial directorate:
a
The 48-hour period begins from the time the foreigner is present at the provincial directorate.
b
Law enforcement personnel are requested to ensure the detention of the foreigner until the deportation process is completed or until they are transferred to the deportation center.
4
The costs of food and other needs of foreigners detained by law enforcement under paragraphs 2 and 3 are covered by the provincial directorate.
5
Deportation decisions may also be made for foreigners identified as subject to deportation in absentia.
Article 54 - Issuance of deportation decisions
1
Deportation decisions are made individually for each foreigner.
2
The evaluation for the decision is conducted by the provincial directorate.
The coordination regarding where the evaluation will take place is managed by the provincial directorate.
Accordingly:
a
Within the Provincial Directorate,
b
At deportation centers,
c
At another location deemed appropriate by the Provincial Directorate,
evaluations may be conducted.
3
If there is a deportation center in the province where the foreigner was apprehended, the foreigner is transferred to the deportation center by law enforcement after notification of the center’s capacity status from the provincial directorate.
Deportation and related decisions are made at the deportation center.
4
The governorate may take additional security measures as necessary within its jurisdiction.
For foreigners apprehended within the areas of duty of the Coast Guard Command, Land Forces Command, and the General Directorate of Customs Enforcement, transportation to the evaluation location is carried out by the law enforcement units designated by the administrative authority.
5
If one of the conditions listed in Article 54 of the Law applies to a foreigner, only one deportation decision is made per incident.
If the foreigner who is subject to a deportation decision is transferred to another province, no additional deportation decision is issued by the receiving province for the same reason.
The original deportation decision is used to continue the deportation process.
6
A deportation decision is issued for irregular migrants who voluntarily apply to the provincial directorates to go to a third country or return to their country of origin before their status has been assessed by the competent authorities.
Those deemed not to pose a threat to general security are placed at an appropriate address in accordance with Article 57(4) of the Law, and deportation procedures are followed from there.
Article 55 - Assignment of general law enforcement personnel
1
After the general law enforcement agency notifies the provincial directorate of foreigners it considers or determines to be subject to deportation, the provincial directorate contacts the law enforcement agency within its jurisdiction to request personnel for deportation and transfer procedures.
The provincial directorate may also request assignments from other general law enforcement units, taking into account the responsibility of the agency that conducted the apprehension or the relevant jurisdiction.
2
To minimize risks that may arise during the deportation process of foreigners, requests from provincial directorates for escort personnel to accompany the transfer or deportation are given priority and addressed by the relevant law enforcement units.
3
For deportation or transfer operations, the governorate assigns a sufficient number of general law enforcement personnel to accompany foreigners to deportation centers, border gates, or from one deportation center to another as necessary.
Governorates may also assign general law enforcement personnel regardless of jurisdiction if required.
The escort of foreigners to locations such as consulates, hospitals, or courts is ensured by law enforcement.
4
Assigned general law enforcement personnel take all necessary measures, in addition to security precautions, to prevent foreigners from escaping or going missing during transport.
5
For foreigners in deportation centers or those who are subject to deportation and administrative detention decisions but are taken directly to healthcare facilities for treatment without being placed in a deportation center:
a
For those whose inpatient treatment is documented with a medical report, the termination of administrative detention is assessed by the governorates, except in cases that pose a general security risk.
b
If it is decided to continue administrative detention, the foreigner’s situation is reported to the law enforcement unit by the provincial directorate.
The law enforcement units assess the risk of the foreigner’s escape or disappearance and determine and implement the necessary security measures.
6
The closest general law enforcement units handle the procedures specified in this article for foreigners captured by the Land Forces Command or the Coast Guard Command.
7
For foreigners captured by customs enforcement units, the operations outlined in this article are carried out by the relevant general law enforcement units, taking into account jurisdictional responsibilities.
8
To ensure specialization, each January, the general law enforcement units in each province, with the governorate’s approval, designate a list of personnel to be assigned to deportation transfers, excluding those assigned temporarily to provincial directorates. This list is sent to the provincial directorates.
9
The approval for domestic assignments of law enforcement personnel for deportation procedures is obtained from the provincial directorate, while the approval for assignments abroad is obtained by the law enforcement unit.
10
Domestic and international travel expenses for law enforcement personnel assigned to accompany deportation operations are covered by the provincial directorate.
11
The governorates take all necessary measures for determining and appointing the general law enforcement personnel required for deportation operations, with respect to public order or security.
Any disputes related to the designation of law enforcement personnel are resolved by the governorates.
If deemed necessary by the governorates, law enforcement units may be assigned regardless of jurisdiction.
Article 56 - Issuance and notification of deportation decision
1
The deportation decision is issued by the governorate of the province where the foreigner was apprehended, processed, or identified, either ex officio or upon the request of the Directorate General.
2
The deportation decision must specify whether the foreigner will be directly deported, invited to leave Turkey, or subjected to administrative detention.
3
The deportation decision is notified to the foreigner.
The notification must also state that, if the foreigner wishes to appeal the deportation decision to the administrative court, they must inform the authority that issued the decision.
Article 57 - Non-enforcement or cancellation of deportation decision
1
If, after a deportation decision has been made, it is determined that the foreigner falls under Article 55(1)(a) of the Law, the possibility of deportation to a third country is evaluated first.
If it is not possible to deport the foreigner to a third country, the deportation decision is not enforced, and the foreigner is granted a humanitarian residence permit.
During the humanitarian residence permit period, options for deportation to their home country or a third country are continuously evaluated.
If the obstacle to deportation is removed, the humanitarian residence permit is canceled, and the deportation process is completed without issuing a new decision.
2
If, after a deportation decision has been made, it is determined that the foreigner falls under Article 55(1)(b) or (c) of the Law, the deportation decision is not enforced, and the foreigner is granted a humanitarian residence permit.
During the humanitarian residence permit period, the foreigner’s health status is monitored.
If the obstacle to deportation is removed, the humanitarian residence permit is canceled, and the deportation process is completed without issuing a new decision.
3
Deportation and, if applicable, administrative detention decisions are terminated for foreigners whose deportation decisions have been canceled by judicial authorities.
Necessary actions are taken regarding their legal stay in Turkey.
4
Evaluations under the first and second paragraphs are conducted individually for each person.
Such persons may be required to reside at a specific address and report their status as specified.
Article 58 - Invitation to leave Turkey
1
Foreigners who do not fall under Article 54(1)(b) and (d) of the Law may be invited to leave Turkey, provided they meet the conditions specified in Article 56 of the Law.
2
Foreigners who are invited to leave Turkey are granted a period of between fifteen and thirty days, as indicated in the deportation decision, and are issued an exit permit. If they do not leave within this period without a valid excuse, an administrative detention decision is issued by the governorate.
3
Foreigners invited to leave cannot apply for residence or work permits within the granted period.
4
If a governorate or magistrate judge decides to terminate administrative detention, the foreigner’s detention is immediately lifted, and they are invited to leave Turkey, provided no court decision prevents their departure.
If the foreigner is deemed a public security risk, relevant security and intelligence units are informed by the provincial directorate to ensure necessary security measures, and the foreigner’s administrative detention is lifted with specific obligations imposed.
5
The provincial directorate handling the process records necessary data for foreigners who are invited to leave Turkey.
6
Foreigners invited to leave Turkey are allowed to exit at border gates regardless of the period granted to them to leave.
7
Foreigners who arrive at border gates within the leave period and pay fines related to visa or residence violations are not subject to entry bans.
8
Foreigners arriving at border gates after the leave period has expired are subject to entry bans based on the duration of their visa or residence violations.
9
Foreigners who fail to depart within the leave period are deported from a deportation center.
10
If a record indicating that the foreigner was invited to leave is found during entry processing at border gates, it is automatically removed by the border gate.
For other entry bans imposed for different reasons, procedures are followed in accordance with the specific regulation related to that record.
11
Foreigners who meet all the conditions of the leave invitation but are found to be without a passport when apprehended are also allowed to benefit from the leave invitation process.
Article 59 - Administrative Detention for Deportation
1
When deciding on administrative detention for deportation, opinions may be obtained from security units to identify foreign nationals who pose a threat to public order or public safety, and from relevant units of the Ministry of Health to identify foreign nationals who pose a threat to public health.
2
Foreign nationals whose residence permits have been denied or canceled are subject to administrative detention if it is determined that they used false or forged documents or pose a threat to public order, public safety, or public health.
3
The petition challenging the deportation decision filed by a foreign national under administrative detention is immediately submitted to the competent administrative court, and the petition challenging the detention decision is submitted to the competent criminal judge.
4
The administrative detention is not suspended solely by filing an appeal with the administrative court against the deportation decision.
The authority halts the deportation procedure once it learns that legal action has been initiated against the deportation decision.
5
The deportation decision, administrative detention decision, extension of the administrative detention period, results of regular monthly assessments, justifications for actions, and notification forms are submitted to the criminal judge within the specified time.
The mere fact of applying to the criminal judge against the administrative detention does not halt the deportation process.
6
The administrative detention period, based on a deportation decision made in the absence of the foreign national, starts from the moment they are apprehended.
7
For foreign nationals who cannot be deported within the administrative detention periods stipulated in Article 57 of the Law, the administrative detention is immediately terminated with the establishment of certain administrative obligations.
Article 60 - Foreign Nationals Subject to Legal Proceedings
1
For foreign nationals who have been subject to legal proceedings due to involvement in a crime:
a
If processed based on documents by the prosecutor,
b
If interrogated by the prosecutor's office,
c
If released due to a decision not to prosecute,
ç
If released by the court to be tried without detention,
the investigation into their stay in the country is conducted by law enforcement without transferring them to the provincial directorate.
2
Those with the right to lawful stay in the country are notified by law enforcement to utilize this period, and the provincial directorate is informed.
3
Those without the right to lawful stay are referred to the provincial directorate for further evaluation under the provisions of the Law.
4
Foreign nationals released by judicial authorities under judicial control or with a ban on departure are monitored and controlled under judicial control provisions by relevant law enforcement units, considering their area of responsibility.
5
If the departure ban for the foreign nationals in question is lifted, the necessary procedures are carried out by the provincial directorate in accordance with the provisions of the Law.
6
Unless the judicial control decision includes a departure ban, it does not constitute an obstacle to the foreign national's departure; however, the judicial authority issuing the control order is informed before initiating deportation procedures.
Article 61 - Review of Administrative Detention Decision
1
Administrative detention is reviewed monthly to determine whether it is necessary to continue it.
2
Continuation of administrative detention may not be deemed necessary in the following cases:
a
If it is anticipated that the deportation decision cannot be executed within six months from the time the foreign national was detained.
b
If there are serious indications that the foreign national under administrative detention falls within the scope of those exempt from the deportation decision.
c
If the risk of escape and disappearance, which formed the basis for the foreign national's administrative detention decision, is eliminated.
ç
If the foreign national applies for voluntary repatriation assistance.
3
The provisions of subsections (b) and (d) of the first paragraph of Article 54 of the Law remain applicable when implementing the procedures specified in the second paragraph.
Article 62 - Implementation of the Deportation Decision
1
The implementation of the deportation decision is carried out by law enforcement units under the coordination of the provincial directorate or the deportation center directorate.
2
Assignments related to the issuance of deportation or administrative detention decisions, transportation of foreign nationals to deportation centers or border gates, and execution of the deportation procedure are made by the governor’s office.
3
The following procedures are applied when transporting foreign nationals to border gates:
a
All expenses related to the transportation of foreign nationals to border gates are covered by the provincial directorates.
b
After a risk assessment conducted by the relevant law enforcement unit, the number of law enforcement officers required for the transfer is determined.
For this purpose, deportation centers or provincial directorates inform the relevant law enforcement unit in advance about the foreign nationals subject to transfer.
c
If necessary, personnel from the provincial directorate may also be assigned to assist in the transfer of deportees.
ç
Law enforcement officers assigned to transfer take all necessary precautions to ensure security and prevent escape or disappearance of foreign nationals during transport to the border gates.
4
Individuals who are considered at risk when traveling alone are provided with an escort for the duration of their journey.
For this purpose, the governor’s office may assign law enforcement personnel to escort the foreign national to the destination country.
Article 63 - Requests for Voluntary Return by Deportees
1
Foreign nationals under an administrative detention order who request voluntary return to their country or a third country may be sent directly to their country or chosen third country, provided there are no obstacles to their travel, without being transferred to deportation centers and without adhering to the period specified in Article 53 of the Law.
2
Foreign nationals in deportation centers who request voluntary return are taken to the border gate by general law enforcement under the coordination of the provincial directorate.
Their deportation and administrative detention orders are terminated upon arrival at the border gate, and their departure is recorded as "return on a voluntary basis" or "voluntary departure."
Article 64 - Deportation Procedures for Foreign Nationals Admitted to Turkey Under Readmission Agreements
1
The procedures and principles related to the deportation of foreign nationals admitted to Turkey under readmission agreements are determined separately by the Ministry.
Part 3 - International Protection
Chapter 1 - Application for International Protection
Article 65 - General Principles
1
Each foreign national or stateless person may apply for international protection on their own behalf.
Applications for international protection cannot be submitted by a legal representative or lawyer, except as provided in Article 68.
2
Applications for international protection are submitted in person to the governorates.
However, in cases where unaccompanied minors or other applicants cannot submit their applications in person, applications may be accepted by relevant units at their location.
3
During the application process, the applicant's statement regarding their application for international protection is taken in a language in which they can express themselves.
This statement includes aspects such as reasons for entering the country and any special needs.
If the applicant cannot provide a Turkish translation of their statement, the administration may utilize the resources of public institutions, non-governmental organizations, and international organizations, including cooperation with NGOs.
4
Those who apply for international protection on their own initiative within a reasonable time are exempt from criminal penalties for violating the conditions of legal entry into Turkey or legal residence, provided they explain the reasons for their illegal entry or residence.
However, if an assessment by the governor’s office finds that they cannot justify their illegal entry or residence with valid reasons, criminal penalties may apply.
5
The assessment of whether the application was submitted within a reasonable time and the reasons for the illegal entry or residence are conducted separately for each applicant, considering their circumstances and reasons for coming to Turkey.
6
Copies of information and documents regarding the applicant are kept in their personal file with respect to confidentiality, while originals are returned to the applicant.
7
Individuals under processing within the framework of international protection are allowed to remain in Turkey until a final decision is made.
8
When making decisions regarding applicants for international protection and individuals with international protection status, the authorities consider not only the information provided by the applicant but also information obtained from relevant public institutions, international organizations, and other sources.
9
Necessary measures are taken by the governor’s office for applicants who are deemed to pose a threat to public health.
10
All information and documents related to judicial and administrative procedures for individuals undergoing international protection procedures are requested from the relevant institutions.
Article 66 - General Provisions Regarding the Receipt of Applications and Notification of Interview
1
At the time of application, information related to the application for international protection is collected by the provincial directorate.
2
The applicant is informed of their rights and obligations in Turkey, and, if possible, the time and place of the interview.
If the interview time and place cannot be determined, they may be communicated to the applicant at a later date.
3
For applications submitted outside satellite provinces, the applicant is allowed to remain at a specified address in the province where the application was submitted until a decision is made by the General Directorate or the provincial directorate, if authorized.
Article 67 - Applications Submitted to Other Authorities
1
When an application for international protection is submitted at border gates or within the country to law enforcement units or other public institutions, these units immediately inform the provincial directorate of the matter.
2
Applications for international protection from individuals deprived of their liberty are promptly reported to the provincial directorate.
The receipt and processing of applications do not prevent the implementation of other judicial and administrative procedures, as well as measures and sanctions.
3
The General Directorate or provincial directorates conduct activities aimed at informing relevant public institutions, particularly law enforcement units, about the nature of international protection procedures and responsibilities regarding such applications.
Article 68 - Applications made on behalf of family members
1
An applicant may also submit an application on behalf of family members who have accompanied them and are applying on the same grounds.
In this case, additional consent is not required from underage family members.
2
Adult family members, before consenting to an application being made on their behalf, are informed about:
a
The rights of the applicant,
b
The procedures for applying for international protection,
c
The possibility of their application being considered individually,
ç
Their status as an applicant in any case,
d
Other issues deemed appropriate by the administration.
3
Family members for whom an application has been submitted by consent or without requiring consent due to their being underage are also considered applicants.
Their applications are evaluated together with the person who submitted the application on their behalf.
Once family members reach adulthood, their applications continue to be evaluated with the accompanying family members unless they submit a written request for separate consideration.
4
If, during the application, the administration determines that any family member requires independent consideration, their application is taken separately.
Article 69 - Identification
1
The applicant is obliged to provide accurate personal information and, if available, documents proving their identity and travel documents.
If there is suspicion that the submitted documents may be fraudulent, they are inspected by the relevant units.
2
The personal data of the applicant are collected by the provincial directorate, recorded in the institutional software system, and compared with information in relevant databases.
The application is considered withdrawn if the applicant refuses to provide their personal data.
3
If the applicant cannot present documents verifying their identity, data obtained from the comparison of personal data and conducted investigations are used for identification.
During identity verification, methods such as language analysis may also be utilized.
If the applicant’s identity cannot be determined as a result of the investigation, the applicant’s statement is taken as the basis.
4
For identification purposes, inspections of the applicant’s clothing and belongings may be conducted in accordance with regulations.
Article 70 - Points of attention during registration
1
Confidentiality is essential during registration.
Necessary measures are taken to ensure this.
2
Registration is conducted in a separate area equipped to complete the registration process without interruption.
No one other than those required to be present during registration is allowed in the registration area.
3
Registration personnel avoid any behavior or actions that may prevent the applicant from providing information.
4
Applications for international protection are recorded in the institutional software system as quickly as possible.
5
If the applicant has special needs, information regarding these needs is recorded.
6
At the end of registration, all information on the registration screen of the institutional software system is read to the applicant, and they are asked to confirm its accuracy and indicate any additional information they wish to provide.
7
A printed copy of the electronic registration form filled out during registration is signed by those present, and a copy is given to the applicant.
Article 71 - Registration document
1
After the completion of registration, the applicant is issued an international protection application registration document, the form and content of which are determined by the General Directorate, without any fees. This document is valid until it is canceled.
This document grants the applicant the right to remain in Turkey without a residence permit while it is valid.
2
The registration document is issued as of the date of the international protection application, regardless of the expiration date of the visa or visa exemption period for applicants who entered Turkey through regular means, and regardless of the date of illegal entry for those who entered irregularly and directly.
Article 72 - Determination of the applicant’s province of residence
1
The province in which the applicant will reside is determined by the General Directorate or, if authorized, by the provincial directorate.
2
If the applicant does not arrive in the designated province within the specified period, their application is considered withdrawn.
Article 73 - Initial assessments
1
The provincial directorate assesses whether the application is, first and foremost, inadmissible and subsequently whether it may be subject to accelerated processing.
Article 74 - Inadmissible application
1
Before deciding that an application for international protection is inadmissible, an interview is conducted with the applicant.
2
Based on the evaluation conducted at the end of the interview, the governor’s office decides on the inadmissibility of the application.
3
A decision of inadmissibility is also made if the grounds specified in the first paragraph of Article 72 of the Law emerge at any stage during the evaluation of the application.
4
The General Directorate may also decide on the inadmissibility of the application based on the examination of the applicant’s registration, interview, and other relevant documents.
5
The decision regarding the inadmissibility of the application is communicated to the applicant.
Article 75 - First country of asylum
1
The applicant is considered to have come from a first country of asylum in the following cases:
a
The applicant has been recognized as a refugee in another country and still has the opportunity to benefit from this protection.
b
The applicant is not recognized as a refugee but still benefits from adequate and effective protection in the third country, including the principle of non-refoulement.
2
Whether a country is considered a first country of asylum for the applicant is assessed individually for each applicant.
3
If the applicant is considered to have come from a first country of asylum, their application is assessed as inadmissible, and procedures are initiated for their return to the first country of asylum.
If it is not possible to send them to the first country of asylum, their international protection application procedures continue.
Article 76 - Assessment of whether the applicant currently benefits from adequate and effective protection in a third country
1
The applicant is considered to currently benefit from adequate and effective protection in a third country if one of the following conditions is met:
a
The applicant does not have a well-founded fear of persecution or risk of serious harm in the third country.
b
There is no risk of the applicant being sent from this country to another where they cannot benefit from effective and adequate protection.
c
The third country is a party to the Convention, and its practices are also in line with the provisions of the Convention.
ç
The adequate and effective protection provided by the third country will continue until a permanent solution is found for the applicant.
Article 77 - Safe third country
1
For a country to be considered a safe third country for the applicant, the following conditions must be met:
a
Compliance with the conditions specified in the second paragraph of Article 74 of the Law.
b
Existence of a connection between the individual and the country, as specified in the third paragraph of Article 74 of the Law.
2
To assess the existence of the reasonable connection mentioned in Article 74 of the Law, one of the following conditions must be met:
a
The applicant has family members residing in the safe third country.
b
The applicant has previously stayed in the safe third country for an extended period for purposes such as work, study, or residence.
c
The applicant has strong cultural ties with the safe third country, such as basic knowledge of its language.
ç
The applicant entered the safe third country not only for transit but with the intention to stay.
3
Whether a country is a safe third country for the applicant is assessed individually for each applicant.
4
If it is determined that the applicant came from a safe third country, their application is considered inadmissible, and procedures are initiated for their return to the safe third country.
If it is not possible to send them to the safe third country, the procedures for their international protection application continue.
Article 78 - Exclusion from international protection
1
The applicant is excluded from international protection in the cases specified in the first paragraph of Article 64 of the Law.
Article 79 - Withdrawal of the application or deemed withdrawal
1
Applications of those covered under the first paragraph of Article 77 of the Law are considered withdrawn by the decision of the governor’s office, and the evaluation is halted with the corresponding entry in the institutional software system.
2
The decision regarding the application being deemed withdrawn is communicated to the foreign national.
3
For applicants who submit a written declaration to withdraw their application, the final decision is not awaited for those wishing to return voluntarily.
4
If individuals whose applications are deemed withdrawn and who fall under subparagraph (a) of the first paragraph of Article 77 do not leave Turkey within the given period, and those covered under subparagraphs (b), (c), (ç), (d), and (e) of the same paragraph do not have the right to remain in Turkey under other provisions of the Law after the final adverse decision on their application withdrawal, they are deported.
However, a deportation decision is not issued for individuals whose applications are deemed withdrawn if this decision has not been communicated to them.
5
New applications for international protection submitted after withdrawal or deemed withdrawal of the application are subject to accelerated assessment.
6
The General Directorate may impose an entry ban on individuals whose international protection applications are deemed withdrawn or whose applications have been rejected, or it may delegate this authority to the governor’s office.
Article 80 - Accelerated assessment
1
In cases specified in the first paragraph of Article 79 of the Law, applications for international protection are assessed in an accelerated manner.
2
Accelerated assessment does not prevent a detailed examination of the application within the framework of international protection provisions.
3
Applicants for whom it is determined that the assessment will take longer than the period specified in the second paragraph of Article 79 of the Law may be removed from accelerated assessment.
4
The decision to conduct an accelerated assessment of international protection applications, regardless of the place and manner of application, is made by the provincial directorate.
5
At any stage of the evaluation, an international protection application may be included in the accelerated assessment by the decision of the General Directorate or the
Chapter 2 - Interview
Article 81 - General principles
1
The interview is conducted within thirty days from the date of registration, and for applicants whose applications are assessed in an accelerated manner, it is conducted no later than three days from the date of application.
2
The interview is conducted by personnel trained in areas such as interview techniques, refugee law, human rights law, and country of origin information.
3
If the applicant is absent on each of the three scheduled interview dates without an acceptable excuse, their application is considered withdrawn, and the assessment is halted.
4
If a disability or other compelling reasons exist, the interview may be conducted at the location where the foreign national is residing.
5
The form and content of the interview form and interview report used in the interview process are determined by the General Directorate.
Article 82 - Persons who may participate in the interview
1
The interview is conducted individually. However, the following persons may participate in the interview when necessary:
a
Family members with the consent of the individual.
b
The applicant's lawyer as an observer, upon the applicant’s written request.
c
An interpreter.
ç
Where possible, a psychologist, pedagogue, child development specialist, social worker, or other relevant experts appointed by the administration.
d
A parent or legal representative in the case of interviews with children.
2
When deemed necessary, individual interviews may be conducted with adult family members with their consent and with underage family members without the need for consent if the application was made on their behalf by family members.
Article 83 - Preparation for the interview
1
The interviewer gathers sufficient information prior to the interview to verify the accuracy of the applicant’s statements given during registration by investigating claims made in the application, country of origin information, and other necessary aspects.
2
The interviewer may prepare additional questions beyond those listed on the interview form to clarify the applicant’s statements.
3
Prior to the interview, the interviewer informs the interpreter and other personnel participating in the interview about the scope of the interview and the rules to be followed.
Article 84 - Interview room
1
The interview is conducted in an interview room equipped with the necessary technical equipment to ensure the interview proceeds without interruption.
2
All measures are taken to ensure the privacy and security of the interview room so that the applicant can express themselves in the best possible manner.
Article 85 - Points requiring attention before the interview
1
The interviewing officer informs the applicant about the following matters before the interview:
a
The role of the officer and other officials participating in the interview.
b
The process regarding their application.
c
The purpose of the interview.
ç
The importance of providing accurate information regarding their claims and requests.
d
The obligation to submit any available documents.
e
That the interview may be audio and/or video recorded.
f
That their statements and all types of information and documents will be kept confidential and will not be shared with authorities of the country of origin, their family members and third parties without their consent.
g
Other matters to be determined by the Directorate General.
2
Communication with the applicant is conducted taking into account their special circumstances and the culture of their country of origin or previous residence, avoiding behavior and attitudes that may prevent the applicant from providing information.
3
For interviews with persons with special needs, their special circumstances are taken into consideration.
4
If the interview is audio or video recorded, a report is prepared at the end of the interview and a copy is given to the person interviewed.
Article 86 - Interview
1
An interview is conducted with the international protection applicant to make an effective and fair decision regarding their request, taking into account country of origin information, claims made during registration, verification of these claims and research on other necessary matters.
2
If during the interview communication cannot be established between the applicant and the interviewing officer or interpreter for any reason, this situation is recorded in a report and the interview is postponed to be conducted on another date.
Necessary measures are taken before the planned interview to resolve the issues that prevented communication during the first interview.
3
At the end of the interview, the interview form is read to the applicant and any corrections, explanations and additional information they will provide are recorded in the interview form.
4
The interview form is signed by all those present at the interview.
Article 87 - Inability to conduct the interview
1
If the first interview cannot be conducted for reasons originating from the administration or the applicant, a new interview date is determined.
The interview is conducted on the determined date.
2
There must be at least ten days between interview dates.
Article 88 - Conducting additional interviews
1
When needed, more than one interview may be conducted with the applicant.
The rules applicable to the first interview also apply to additional interviews.
2
There is no time limitation between the date of the first interview and the date of the additional interview.
Article 89 - Interview report
1
An interview report is prepared after the completion of the interview.
2
The interviewing officer indicates their opinions and assessments in the interview report.
3
In case an additional interview is conducted, the report of the previous interview is updated if one exists.
If a report of the previously conducted interview was not prepared, a new interview report is prepared.
Article 90 - International protection applicant identity document
1
Except for persons falling under Articles 72 and 79 of the Law and their family members, applicants who have completed their interview and family members who came with them, if any, are issued an International Protection Applicant Identity Document by the Directorate General or, if authorized, by the provincial directorate, containing the foreigner identification number, not subject to any fees, whose form and content are determined by the Directorate General and which is valid until cancelled.
2
This document provides the applicant the right to stay in Turkey without obtaining a residence permit during its validity period.
Article 91 - Request for permission to leave the province of residence and abandonment of province of residence
1
Applicants may be granted permission by the provincial directorate to leave the province for up to thirty days if needed.
The form and content of the permission document shall be determined by the Directorate General.
Necessary measures shall be taken to prevent the misuse of permissions to leave the province.
2
In case of a need to extend the permission period, the applicant may apply to the provincial directorate where they are located.
This request shall be evaluated together with the province of residence.
If the request is accepted, a notation shall be made on the permission document and the permission period may be extended once for up to thirty days.
3
Permission requests after the end of the total sixty-day period granted under paragraphs one and two shall be sent to the Directorate General together with the opinion of the provincial directorate where they are located, and actions shall be taken according to the Directorate General's decision.
4
For applicants who have not returned to their province of residence after the granted permission expires or who have left their province of residence without permission, data shall be entered into the institutional software system and necessary procedures shall be initiated to locate them nationwide, and procedures shall be established to consider their application withdrawn.
5
If foreigners with search records are found to be in another province, after consulting with their province of residence, any decisions made about them shall be notified if available.
The foreigner shall be transferred to their province of residence either by their own means or, if deemed necessary, under the escort of assigned law enforcement officers.
6
Regarding those who do not go to their designated provinces of residence or who leave these provinces contrary to the rules determined by governorships after arrival, restrictions may be imposed on benefiting from rights, except for education and basic healthcare rights.
Chapter 3 - International Protection Decisions and Administrative Detention
Article 92 - General principles
1
Decisions on international protection applications shall be made by the Directorate General or, if authorized, by the governorship within maximum six months from the date the application is registered.
If a decision cannot be made within this period, the applicant shall be informed.
2
Before making a decision, detailed research and examination shall be conducted by reviewing the applicant's registration and interview forms, interview report, country of origin information and all documents and information related to the applicant.
If needed, additional interviews may be conducted with the person and additional information or documents may be requested.
3
Decisions shall be made individually.
Subject to decisions on exclusion from international protection, applications made on behalf of a family shall be evaluated as a whole and the decision made shall cover all family members.
4
A deportation decision may also be made regarding applicants or persons with international protection status who pose a danger to public order and public security.
5
Decisions made under international protection shall be notified to the foreigner or their legal representative or lawyer, specifying the appeal procedures and periods.
Article 93 - Identity document for international protection status holder
1
Persons granted international protection status shall be issued an International Protection Status Holder Identity Document by the Directorate General or, if authorized, by the provincial directorate, containing a foreigner identification number, not subject to any fees, whose form and content are determined by the Directorate General, and valid until cancelled.
2
This document grants the status holder the right to stay in Turkey during its validity period without obtaining a residence permit.
3
The international protection applicant identity document mentioned in Article 90 and the international protection status holder identity document mentioned in this article may also be issued as a single identity document containing a foreigner identification number, not subject to any fees, whose form and content are determined by the Directorate General.
This identity document may be issued by the Directorate General or, if authorized, by the provincial directorate.
Article 94 - Resettlement to a third country and permission to exit our country
1
The procedures for resettlement of foreigners under international protection to a third country shall be carried out under the coordination of the Directorate General.
Cooperation with public institutions and organizations, international organizations and civil society organizations may be conducted in third country resettlement procedures.
2
Permission to exit to a third country shall be granted by the Directorate General or, if authorized, by governorships.
Article 95 - Administrative appeal and judicial process
1
When administrative appeal or judicial review is sought against international protection procedures established by the administration, applicants shall be allowed to stay in Turkey until the process is concluded.
Filing an appeal or seeking judicial review does not prevent the imposition of residence and notification obligations.
2
When judicial review is sought against actions taken under Articles 72 and 77 of the Law, humanitarian residence permit may be granted.
Article 96 - Administrative detention of applicants
1
Administrative detention of applicants is an exceptional procedure.
The governorship may determine other procedures instead of administrative detention.
If these measures are insufficient, applicants may be taken under administrative detention in cases specified in paragraph two of Article 68 of the Law.
2
The necessity of administrative detention shall be evaluated individually.
3
The person taken under administrative detention or their legal representative or lawyer shall be notified of the grounds for administrative detention and the duration of detention.
They shall be informed about the outcome of the decision and appeal procedures.
4
The administrative detention decision shall be taken by governorships upon instruction of the Directorate General or ex officio in accordance with the procedures and principles specified in Article 68 of the Law.
The administrative detention decision shall be terminated in the same procedure or upon decision of the criminal judge of peace.
The court decision regarding termination of administrative detention shall be immediately notified to the Directorate General.
5
The applicant whose administrative detention is terminated may be required to fulfill other obligations in addition to residence and notification obligations.
6
The person taken under administrative detention or their legal representative or lawyer may apply to the criminal judge of peace at the place where the administrative detention decision was taken or where the foreigner is held under administrative detention.
The application does not suspend administrative detention.
If the petition is submitted to the administration, the petition shall be immediately forwarded to the competent criminal judge of peace.
The criminal judge of peace shall conclude the examination within five days.
The decision of the criminal judge of peace is final.
The person taken under administrative detention or their legal representative or lawyer may reapply to the criminal judge of peace claiming that administrative detention conditions have been eliminated or changed.
7
If a foreigner under administrative detention in a removal center for deportation applies for international protection, international protection procedures shall continue to be carried out within the duration of the administrative detention decision taken under Article 57 of the Law without taking a new administrative detention decision under Article 68 of the Law, unless otherwise decided by the Directorate General.
Chapter 4 - Cessation and Cancellation of International Protection Status
Article 97 - Cessation of status
1
In cases specified in the first paragraph of Article 85 of the Law, international protection status shall cease.
The foreigner or their lawyer or legal representative shall be informed about this decision and shall be given the opportunity to present information and documents orally or in writing within a reasonable time.
2
The decision on cessation of international protection status under Article 85 of the Law shall be taken by the Directorate General or, if authorized, by governorships and shall be notified to the foreigner or their lawyer or legal representative.
3
The decision on cessation of status shall be made individually.
However, the status of family members who were granted status based on the same grounds shall be terminated by the same decision.
Article 98 - Cancellation of status
1
In cases specified in the first paragraph of Article 86 of the Law, international protection status shall be cancelled.
The foreigner or their lawyer or legal representative shall be informed about this decision and shall be given the opportunity to present information and documents orally or in writing within a reasonable time.
2
If the notification mentioned in the first paragraph cannot be made according to the contact or address information in the records, the cancellation decision may be taken in absentia.
3
The decision on cancellation of international protection status under Article 86 of the Law shall be taken by the Directorate General or, if authorized, by governorships and shall be notified to the foreigner or their lawyer or legal representative.
4
Cancellation decisions shall be made individually.
However, the status of family members who were granted status based on the same grounds shall be cancelled by the same decision.
Chapter 5 - Administrative Appeal and Judicial Procedure
Article 99 - Appeal to the international protection assessment commission
1
Except for decisions on administrative detention, inadmissible applications and accelerated assessment, administrative decisions related to international protection applications may be appealed to the International Protection Assessment Commission within ten days from the notification of the decision.
2
Appeals shall be forwarded to the Commission by the provincial directorate together with the information and documents to be submitted.
Article 100 - Decisions and nature of the commission
1
When evaluating appeals, the Commission also considers the following matters:
a
Examines the administration's decision in terms of procedure and merits.
b
May request information from the Directorate General, the representative of the Directorate General or the provincial directorate.
c
May communicate with the appellant or their legal representative or lawyer directly or through the provincial directorate.
2
At the end of its assessment, the Commission makes a decision in one of two ways:
a
May reject the applicant's appeal.
b
May request the administration to review its decision in terms of procedure or merits.
3
The Commission shall make its decision within fifteen days at the latest from the date the appeal reaches it.
This period may be extended by a maximum of five days.
4
The Commission's decision shall be notified to the foreigner or their lawyer or legal representative.
5
The new examination to be conducted upon the Commission's request for review of the administration's decision in terms of procedure or merits shall be carried out by a person different from the official who reviewed the application at the first stage.
Article 101 - Application to the administrative court
1
Against decisions on inadmissible applications and accelerated assessment, the applicant or their lawyer or legal representative may apply to the competent administrative court within fifteen days from the notification of the decision.
Applications to the court shall be concluded within fifteen days.
The court's decision on this matter is final.
2
Against administrative decisions taken other than decisions on administrative detention, inadmissible applications and accelerated assessment, an application may be made to the administrative court within thirty days from the notification of the decision.
3
Appealing to the international protection assessment commission does not prevent the relevant person's right to apply to the competent administrative court and does not stop the period for filing a lawsuit.
However, if it is understood that the person appealing to the Commission has also applied to the competent administrative court, the commission stops examining the application made.
Chapter 6 - Rights and Obligations
Article 102 - Information and interpretation services
1
Applicants and status holders shall be informed about rights and obligations, sanctions for non-compliance with obligations or non-cooperation with authorities, and appeal procedures.
The procedures and principles for providing information shall be determined by the Directorate General.
2
If it is determined that the required level of communication cannot be achieved without an interpreter during application, registration, interview and other procedures deemed necessary by the administration, interpretation services shall be provided free of charge.
3
If the applicant submits documents supporting their application in a language other than Turkish, copies of these documents translated by authorized persons shall be requested.
If the applicant cannot provide translations of these documents, the administration may utilize the capabilities of public institutions and organizations as well as international organizations, including cooperation with non-governmental organizations.
4
At all stages of international protection procedures, notifications to the applicant shall be made in the language of their country of citizenship or in another language they can understand.
5
Interpretation services provided at all stages of international protection procedures may be provided by the Directorate General or provincial directorate through their own personnel or through procurement of services.
6
Regarding interpretation services, the administration may cooperate with public institutions and organizations, non-governmental organizations and international organizations.
Article 103 - Information on legal aid and counseling services
1
Applicants and persons who have international protection status shall be informed in writing about the rights and services regulated in Article 81 of the Law and about their access to and use of these.
Article 104 - Travel documents
1
The form, duration and content of the travel document to be issued to refugees under the Convention shall be determined by the Ministry in accordance with the Convention and shall be issued by the Directorate General or, when authorized, by the governorate.
2
Requests for travel documents from conditional refugees and subsidiary protection status holders shall be evaluated within the framework of Article 18 of the Passport Law No. 5682.
Article 105 - Education and training
1
Applicants or persons who have international protection status and their family members may benefit from educational services in primary and secondary education institutions by presenting documents showing their status.
2
Registration procedures for primary and secondary education institutions and other matters shall be carried out within the framework of Ministry of National Education legislation.
3
Applicants or international protection status holders who have obtained the right to study in Turkey at associate degree, undergraduate, graduate or doctoral level within the framework of general provisions regarding foreign students may study with their documents showing their status, without requiring a separate student residence permit.
Article 106 - Access to social assistance and services
1
The determination of those in need among applicants or international protection status holders and their access to social assistance and services shall be determined by governorates according to the following criteria:
a
Housing opportunity.
b
Regular income status.
c
Number of dependent family members.
ç
Movable and immovable assets in Turkey or in their country.
d
Whether they receive assistance from relatives in Turkey or in their country.
e
Whether they receive assistance from public institutions and organizations as well as other foundations, associations and private organizations.
f
Whether they have health insurance.
g
Whether they have any disability or illness.
ğ
Other matters to be determined by the administration.
2
Social assistance and service support that may be provided to those in need shall be provided according to procedures and principles determined by the Ministry and the Ministry of Family and Social Policy.
Article 107 - Health
1
Applicants or international protection status holders who do not have any health insurance and do not have the ability to pay shall be subject to the provisions of the Social Insurance and General Health Insurance Law.
2
Whether applicants or international protection status holders fall within the scope of the first paragraph shall be determined by governorates according to the procedure in the first paragraph of Article 106.
3
The procedures and principles regarding the initiation, termination or cancellation of general health insurance of applicants or international protection status holders shall be determined by the Directorate General in cooperation with the Social Security Institution.
Article 108 - Work
1
Applicants or persons who have international protection status may work in Turkey within the framework of paragraph four of Article 89 of the Law.
2
Access to the labor market for applicants or persons who have international protection status shall be provided according to procedures and principles determined by the Ministry of Labor and Social Security after obtaining the opinion of the Ministry.
Article 109 - Pocket money
1
According to paragraph five of Article 89 of the Law, the neediness status of persons regarding pocket money to be given by governorates shall be determined by governorates according to the procedure in paragraph one of Article 106.
2
Pocket money to be given to those in need may be provided by governorates within the framework of procedures and principles to be determined by the Ministry after obtaining the approval of the Ministry of Finance.
Article 110 - Residence of applicants and international protection status holders and notification obligation
1
The Directorate General may determine the places where applicants will be accommodated and the provinces where they will reside during application or registration procedures, taking into account public order or public security, person's request, special situation, health and education status, kinship relations, culture, personal circumstances, capacity of provinces.
The Directorate General may make necessary changes when required.
2
Provinces where conditional refugees and subsidiary protection status holders will reside may be determined by the Directorate General or they may choose from among provinces to be determined by the Directorate General.
In cases where the Directorate General has not determined a mandatory residence province, they may reside in preferred provinces.
3
Applicants and refugees, conditional refugees and subsidiary protection status holders are obliged to register in the address registration system and notify their residence address and address changes to the provincial directorate within maximum twenty working days.
4
Applicants, conditional refugees and subsidiary protection status holders may be required to reside in a specific province due to public order and public security reasons, as well as to notify according to determined periods and procedures.
5
Applicants may request changes in their province of residence due to kinship, health or other reasons, and these requests shall be evaluated by the Directorate General or, when authorized, by the provincial directorate.
6
The provisions of this article may also be applied to those who are granted refugee status.
Article 111 - Other obligations
1
Applicants or international protection status holders are obliged to comply with those specified in paragraph one of Article 90 of the Law and additional matters notified to them by the Directorate General or provincial directorate.
2
Those who unfairly obtain assistance and services specified in part three of the Law, as stated in subparagraph (ç) of paragraph one of Article 90 of the Law, are obliged to repay the full amount of assistance and service provided or the amount they can pay.
3
No restrictions shall be imposed on benefiting from education and basic health rights for those who do not fulfill the obligations specified in paragraph one of Article 90 of the Law.
Before restricting other rights, necessary notification regarding their obligations shall be made by the provincial directorate.
If the violation of said obligations continues, the Directorate General or governorates according to procedures and principles to be determined shall make a decision to restrict the rights of applicants or international protection status holders, except for education and basic health rights.
4
For applicants and international protection status holders who have been given negative decisions by the Directorate General or governorate regarding their applications or statuses, restrictions may be imposed on benefiting from rights other than education and basic health rights.
5
Assessment regarding restrictions shall be made individually and the decision shall be notified to the person concerned.
Chapter 7 - Support for Voluntary Return
Article 112 - Protocol and cooperation with international organizations
1
The Ministry can make protocols and cooperation agreements with international organizations and non-governmental organizations within the scope of Article 92 of the Law.
Article 113 - Persons with special needs
1
It shall be determined first whether applicants are unaccompanied children, disabled, elderly, pregnant, single parents with children, or persons who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence.
2
Priority shall be given to persons with special needs in all procedures and transactions, every convenience shall be shown, and their situations shall be recorded.
3
For treatment of those processed under international protection who are assessed to have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence, cooperation may be made with relevant public institutions and organizations, non-governmental organizations and international organizations.
Article 114 - Human trafficking victims under international protection
1
For applicants or international protection status holders who are suspected strongly to be or are victims of human trafficking, provisions regarding victims of human trafficking shall also be applied.
Article 115 - Country of origin information
1
In order to verify the accuracy of applicants' claims during the evaluation process of international protection applications, information shall be collected from multiple sources about countries of origin, residence and transit.
2
The Directorate General may establish a source country reporting system for collecting and updating country of origin information and may make this information available to relevant institutions and organizations.
3
The establishment and operation of the source country reporting system shall be carried out according to procedures and principles determined by the Directorate General.
4
The Directorate General may cooperate with relevant public institutions and organizations, universities, international organizations, non-governmental organizations and other organizations that can provide information from within or outside the country for collecting country of origin information.
5
The Directorate General may assign personnel in relevant countries for collecting country of origin information.
6
The Directorate General shall take necessary measures to update country of origin information.
Article 116 - Principle of confidentiality
1
All information and documents of applicants and international protection status holders are confidential.
The level of confidentiality shall be determined within the scope of relevant legislation based on the content of procedures to be carried out.
2
Information and documents shall be kept in archive areas specially designated by the Directorate General or provincial directorate and shall be processed by authorized personnel.
3
During the evaluation process of international protection applications, the applicant's or international protection status holder's information shall not be shared with any institution of their country of origin.
4
In any communication that may be established with authorities of countries of origin regarding those whose international protection applications have been rejected and whose return procedures to their countries of origin have been initiated, no information or documents shall be shared that would endanger the applicant, their dependents or family members still living in the country of origin.
5
Personal data approved by the Directorate General within the scope of procedures carried out under this Regulation may be shared with countries other than the country of origin, relevant public institutions and organizations, universities, international organizations, non-governmental organizations and third parties.
6
Documents in the personal file of foreigners under this Regulation may be examined and copies may be obtained by the person themselves, their legal representative or lawyer who presents power of attorney.
Information and documents related to national security, protection of public order and public security, and prevention of crimes shall not be examined or provided.
Which information and documents cannot be examined and provided shall be determined according to procedures and principles to be established by the Directorate General.
7
Public officials and other officers responsible for implementing this Regulation may not disclose any confidential information, documents and personal secrets obtained during their duties to anyone other than those authorized, or use them for their own benefit or the benefit of third parties.
8
In sharing information regarding children, the principle of the best interests of the child shall be observed.
Article 117 - Access to personal file
1
When a copy of documents in the personal file of an applicant or international protection status holder is requested in writing, it shall be delivered with a receipt to the person themselves, their legal representative or lawyer who presents power of attorney, according to procedures and principles to be determined by the Directorate General.
The receipt shall also include warnings that the provided document copies may only be used for defense purposes in administrative appeal or judicial proceedings, and that their provision or disclosure to third parties will result in legal liability.
Part 4 - Directorate General Councils and Commissions and Various Provisions
Chapter 1 - Formation of Permanent Councils and Commissions and Temporary Commissions
Article 118 - Integration
1
The Directorate General cooperates with public institutions and organizations, local governments, non-governmental organizations, universities and international organizations in planning and implementing integration activities or establishing centers for this purpose to ensure mutual integration with society of foreigners who have legal stay rights, international protection applicants or status holders, or those under temporary protection.
2
The standards of centers to be established for carrying out integration work and services to be provided in these centers shall be determined by the Ministry after obtaining opinions of relevant institutions and organizations.
Cooperation and coordination between national and international institutions and organizations shall be ensured by the Directorate General.
3
In each province, provincial migration councils, where integration activities are planned and conducted at the provincial level with participation of public institutions and organizations, municipalities, chamber of commerce, non-governmental organizations, universities, meet once a month under chairmanship of the governor.
Decisions taken at each meeting are regularly sent to the Directorate General.
Article 119 - Statistical data
1
Statistics regarding foreigners and applicants or international protection status holders shall be kept and shared by the Directorate General or governorships according to procedures and principles to be determined by the Directorate General.
2
Regarding procedures and actions within the scope of the Law, the Directorate General publishes statistics in cooperation with the Turkish Statistical Institute.
Article 120 - Procedures and principles regarding notifications
1
The provisions of the Notification Law No. 7201 dated 11/2/1959 shall apply to all notification procedures specified in this Regulation.
2
Actions subject to notification shall be carried out as follows:
a
The form and content of notification shall be determined by the Directorate General or governorship.
b
All types of notifications shall be made in languages to be determined by the Directorate General.
c
When proper notification cannot be made in the determined languages, the governorship shall determine the most appropriate language for notification.
ç
The situation of persons with special needs shall also be considered in notification procedures.
d
Notifications shall be made to the person concerned or their legal representative or lawyer.
e
If the person concerned is not represented by a lawyer, they or their legal representative shall be informed about the result of the decision, appeal procedures and periods.
3
Notifications may also be made through registered electronic mail.
Procedures and principles regarding the allocation of registered electronic mail addresses to foreigners and use of this system shall be carried out within the framework of the Electronic Notification Regulation published in the Official Gazette No. 28533 dated 19/1/2013.
Article 121 - Support for voluntary return
1
Foreigners within the scope of the Law who wish to voluntarily return to their country of origin or a third country may be provided voluntary return support within the framework of the following procedures to facilitate their return and contribute to their adaptation:
a
The decision regarding support to be provided to the person making voluntary return shall be made by the Directorate General upon proposal of the governorship.
b
Support may be in kind or in cash, as well as in the form of vocational training, and may be provided in Turkey or in the foreigner's country of origin.
c
An entry ban decision may not be issued for foreigners who return to their countries of origin by benefiting from the support.
2
Those under administrative detention who apply for voluntary return support may be taken to a separate center or a decision may be made to terminate their administrative detention for the purpose of facilitating and monitoring return procedures.
3
The Directorate General may cooperate with public institutions and organizations, international organizations, relevant country authorities and non-governmental organizations regarding the provision and implementation of voluntary return support and may benefit from funds of international organizations.
4
The status of international protection status holders who apply for voluntary return but withdraw their request shall be maintained.
Procedures for applicants shall continue from where they left off.
5
The status of international protection status holders who make voluntary return shall be terminated.
Article 122 - Matters requiring attention in procedures regarding children
1
Except for provisions in special laws, the following matters shall be considered in procedures regarding foreign children:
a
In case of joint custody, joint consent of mother and father shall be sought.
Consent may also be given before administrative authorities where the application will be made.
If one spouse and child are in different countries, consent of the other spouse regarding this request shall be sought from the mother or father making the application for the child.
b
Mother or father who documents having custody may carry out procedures alone.
c
In cases where legal representative and child are in different countries, the person to whose care the child is entrusted shall be granted the right to carry out procedures regarding the child, provided that there is approval of the legal representative given before competent authority and commitment of the accompanying person to undertake care of the child.
ç
When the best interest of the child is in question, the administration shall initiate and decide on procedures within the scope of the Law regarding the child without any consent, request or application.
d
Matters related to international protection are reserved in provisions concerning children.
Article 123 - Unaccompanied children
1
The provisions of Child Protection Law No. 5395 and related legislation shall apply to children who arrive in Turkey without an adult responsible for them by law or custom, or who remain unaccompanied after entering Turkey.
2
In all procedures related to unaccompanied children, the following matters shall be considered with regard to the best interests of the child:
a
The unaccompanied child shall be immediately taken under protection by the Ministry of Family and Social Policies and placed by the Ministry of Family and Social Policies in suitable accommodation facilities or with adult relatives or a foster family.
b
A comprehensive age assessment including physical and psychological evaluation shall be conducted by governorships for applicants and irregular migrants whose age cannot be proven by document and who are suspected to be over eighteen years old.
c
Foreigners who will undergo age assessment shall be informed about the purpose and process of the procedure.
If doubts regarding the foreigner's age cannot be resolved after the assessment procedure, they shall be considered a child.
ç
The applicant or irregular migrant for whom age assessment is requested shall be accommodated in an authorized public institution or another place deemed appropriate by this institution until a final report is issued about them.
d
Those who have completed sixteen years of age may be accommodated in removal centers if they are irregular migrants when special conditions are met; if they are applicants or international protection status holders, they may also be accommodated in reception and accommodation centers.
e
To the extent possible, siblings shall be kept together considering children's interests, ages and maturity levels.
Changes in accommodation places shall not be made unless necessary.
f
Interviews with children shall be conducted in the most suitable environments for them.
Psychologist, child development specialist, social worker, parent or legal representative determined by the administration may be present during interviews with children.
Said specialists shall be requested from relevant institutions.
g
All interviews shall be conducted by qualified personnel who have sufficient knowledge about children's psychological, emotional and physical development.
ğ
At the decision stage, it shall be considered that the child may not have been able to clearly express all their requests.
h
The interviewing officer may also benefit from the opinions of the specialist who participated in children's interview while preparing the interview report.
ı
For those who are determined to be eighteen years of age and over according to the age assessment report obtained from a fully equipped state hospital or Forensic Medicine Institution, procedures applicable to adult irregular migrants or applicants shall apply.
Article 124 - Collection and storage of personal data
1
Personal data of foreigners within the scope of the Law such as fingerprints, palm prints, retina, voice scans, photographs shall be collected, protected, stored, used and shared by the Directorate General or provincial directorate according to procedures and principles determined by the Directorate General.
2
Collected personal data shall be stored by recording in the system dedicated to this purpose together with the foreigner's identification information, indicating when and by whom they were collected.
3
Fingerprints shall not be taken from heads of state or government and high-level government officials applying for visas, members of official delegations invited to Turkey and their accompanying spouses and children, and children under twelve years of age applying for visa or residence permits.
Article 125 - Removal centers and reception and accommodation centers
1
Procedures and principles regarding removal centers and reception and accommodation centers shall be regulated within the framework of the Regulation on Establishment, Management, Operation, Running and Supervision of Reception and Accommodation Centers and Removal Centers published in the Official Gazette No. 28980 dated 22/4/2014.
Chapter 2 - Migration Policies Council and Its Duties
Article 126 - Establishment
1
The Council consists of the Minister of Interior as chairman, undersecretaries of the Ministries of Family and Social Policies, European Union, Labor and Social Security, Foreign Affairs, Interior, Culture and Tourism, Finance, National Education, Health and Transportation, Maritime Affairs and Communications, along with the President of the Presidency for Turks Abroad and Related Communities and the Director General.
2
According to the meeting agenda, representatives of relevant ministry, other national or international institutions and organizations, and non-governmental organizations may be invited to the meeting.
Representatives of ministries, institutions and organizations to be invited to the meeting shall be determined with the approval of the Council Chairman.
Article 127 - Duties
1
The duties of the Council are as follows:
a
To determine Turkey's migration policies and strategies, monitor their implementation.
b
To prepare strategy documents, programs and implementation documents in the field of migration.
c
To determine methods and measures to be applied in case of mass influx.
ç
To determine procedures and principles regarding entry into and stay in the country of foreigners who will be admitted to Turkey collectively for humanitarian considerations.
d
To determine principles regarding foreign workforce needed by Turkey within the framework of proposals by the Ministry of Labor and Social Security, and foreigners coming for seasonal work in agricultural areas in line with opinions of the Ministry of Food, Agriculture and Livestock.
e
To determine other conditions for long-term residence permits to be issued to foreigners.
f
To determine the framework of effective cooperation with foreign countries and international organizations in the field of migration and work in this area.
g
To make decisions aimed at ensuring coordination between public institutions and organizations working in the field of migration.
Article 128 - Meeting procedure
1
The Council meets regularly each year on a date determined by the Council Chairman.
When deemed necessary, it may meet extraordinarily upon call of the Council Chairman.
The Director General may propose to the Council Chairman regarding extraordinary meeting of the Council.
2
Council meetings are held at a place deemed appropriate by the Council Chairman upon proposal of the Director General.
Article 129 - Meeting agenda
1
The meeting agenda is determined by the Council Chairman taking opinions of members.
The Director General, taking opinions of Council members regarding the agenda, submits the meeting agenda to the Council Chairman's approval before the meeting date.
2
The meeting agenda is sent to Council members by the Directorate General before the meeting date, together with attachments if any.
After sending the agenda, additions may also be made to the agenda when deemed necessary by the Chairman.
Article 130 - Council decisions
1
The Council convenes with absolute majority of total number of members and makes decisions with majority vote of those present.
In case of equality of votes, majority is deemed achieved in the direction of the Council Chairman's vote.
2
Council decisions are written during the meeting or within reasonable time afterwards, with each decision being numbered.
If there are plans, projects, maps and similar documents that will be attached to Migration Policy Council decisions, one set of these documents is initialed by the secretariat and kept in the decision file.
3
Council members who vote against decisions taken submit their written dissenting opinion justifications to the secretariat to be kept in the file.
4
Representatives who are not Council members but are invited to Council meeting cannot vote.
Article 131 - Announcement of decisions
1
Decisions taken at the Council are notified in writing by the Directorate General to Council members and relevant institutions and organizations.
Additionally, if there is no confidentiality decision, they are announced on the Directorate General's website.
Article 132 - Monitoring and evaluation of decisions
1
Institutions and organizations responsible for implementation of Council decisions prepare monitoring reports on their work towards implementing decisions and send them to the Directorate General in four-month periods from the meeting date.
Those who do not prepare monitoring reports or do not implement decisions are requested to send their justifications in writing until the next meeting for submission to the Council.
Article 133 - Secretariat and support services
1
The Council's secretariat and support services are carried out by the Directorate General.
Part 5 - Directorate General Councils and Commissions and Various Provisions
Chapter 1 - Formation of Permanent Councils and Commissions and Temporary Commissions
Article 134 - Permanent councils and commissions
1
Permanent councils and commissions operating within the Directorate General are: Migration Advisory Council, International Protection Assessment Commission and Coordination Council for Combating Irregular Migration.
Article 135 - Temporary commissions
1
The Directorate General may establish temporary commissions to conduct studies and contribute to its activities regarding matters within its area of duty.
Chapter 2 - Migration Advisory Council
Article 136 - Establishment
1
The Migration Advisory Council consists of the Ministry Undersecretary or deputy undersecretary appointed by him as chairman, representatives at minimum department head level from Turkey Human Rights Institution, European Union, Labor and Social Security and Foreign Affairs ministries, Director General, Deputy Directors General, heads of Foreigners Department, International Protection Department, Protection of Human Trafficking Victims Department, Integration and Communication Department and Migration Policy and Projects Department of the Directorate General, Turkey Representative of United Nations High Commissioner for Refugees, Turkey Representative of International Organization for Migration, five faculty members on migration issues and five representatives from non-governmental organizations working in the field of migration.
2
Experts in the field of migration from within Turkey and abroad may be invited by the chairman to Council meetings to obtain their opinions.
Article 137 - Determination of faculty member Council members
1
Ten faculty members, five principal and five alternate, who have at least doctoral degree, are selected for a three-year term upon proposal of the Director General and approval of the Ministry Undersecretary to serve as Council members.
2
Faculty members who will serve as Council members are determined through evaluation of applications received upon announcement made by the Directorate General.
Announcement for Council membership is made on the Directorate General's website.
Additionally, notice regarding applications may be communicated in writing to universities and migration research and application centers operating within universities.
Applications are accepted during the period specified in the announcement, not to exceed one month.
3
Faculty members may apply personally, and universities may also make faculty member proposals.
Article 138 - Determination of non-governmental organization representative Council members
1
Ten non-governmental organization representatives, five principal and five alternate, are selected for a three-year term upon proposal of the Director General and approval of the Ministry Undersecretary to serve as Council members.
2
Announcement for Council membership is made on the Directorate General's website.
Applications are accepted during the period specified in the announcement, not to exceed one month.
3
Applications are made by non-governmental organizations.
4
It is essential that those to be selected as Council members as non-governmental organization representatives be from among representatives of associations, foundations, professional and intellectual organizations and their upper structures operating in the field of duty of the Directorate General.
Those who have work programs on matters related to the Directorate General's field of duty and who have organized national or international conferences, panels, seminars and similar meetings on these matters may be given priority.
However, representatives of associations and foundations within the scope of Law No. 5072 dated 22/1/2004 on Relations of Associations and Foundations with Public Institutions and Organizations cannot be selected as Council members.
5
The non-governmental organization is represented by the chairman of the board of directors or person authorized by the organization's decision-making body.
Article 139 - Other matters regarding Council members
1
Faculty members and representatives of non-governmental organizations are determined within maximum one month after the application deadline and announced on the Directorate General's website.
2
An alternate member is assigned in place of a principal member from among faculty members and non-governmental organization representatives who notifies inability to attend the meeting or withdraws from membership.
3
Membership of a member who fails to attend two consecutive meetings without excuse is terminated by Council decision.
Article 140 - Meeting procedure
1
The Council meets regularly twice a year on dates to be determined by the chairman.
The Council may also meet extraordinarily at any time upon call of the chairman.
The Director General may make proposals to the chairman regarding extraordinary meeting of the Council.
2
Council meetings are held at the Directorate General or at a place deemed appropriate by the Chairman.
Article 141 - Council meeting agenda
1
Draft agenda for the meeting, prepared by the secretariat taking appropriate opinion of the Director General, is sent to members at least one month before the meeting date together with attachments if any.
Members submit matters they propose to be included in the agenda to the Directorate General no later than two weeks before the meeting date.
2
The meeting agenda is determined after being finalized by submission to Chairman's approval by the Director General and notified to members.
Article 142 - Council decisions and their nature
1
The Council convenes with absolute majority of total number of members and makes decisions with majority vote of those present.
In case of equality of votes, majority is deemed achieved in the direction of the Chairman's vote.
2
Decisions voted against are signed with dissenting opinion noted.
Dissenting opinion justifications are submitted in writing to the secretariat until the next council meeting to be kept in the file.
3
At commission meetings held under chairmanship of Directorate General representative, advisory decisions are made in evaluation of objections.
4
Decision on rejection, cancellation or non-extension of appeal application is notified to the foreigner or their legal representative or lawyer.
Article 143 - Announcement of decisions
1
Decisions taken by the Board shall be notified in writing by the Directorate General to board members and relevant institutions and organizations, and shall be announced on the Directorate General's website if there is no confidentiality decision.
Article 144 - Monitoring and evaluation of Board decisions
1
Public institutions and organizations shall prepare a monitoring report every three months from the date of the first meeting regarding their work carried out in accordance with Board decisions and submit it to the Directorate General.
The Directorate General shall evaluate these reports and present the results to the Board Chairman within one month.
Article 145 - Secretariat and support services
1
The Commission's secretariat and support services shall be provided by the Directorate General.
Chapter 3 - International Protection Assessment Commission
Article 146 - Establishment
1
The International Protection Assessment Commission shall be formed under the chairmanship of the Directorate General representative and shall consist of one representative each appointed by the Ministries of Justice and Foreign Affairs and one migration expert to perform the duties specified in the second paragraph of Article 115 of the Law.
A representative of the United Nations High Commissioner for Refugees Turkey Representative Office may be invited to participate in the Commission as an observer.
Article 147 - Commission members
1
The Directorate General representative who will chair the Commission and the migration expert, or in the absence of a migration expert, the assistant migration expert who will be appointed in their place, shall be appointed by the Director General as principal and alternate members for two years.
Other members shall be determined as principal and alternate members for at least one year.
No additional duties shall be assigned to the Commission chairman and members during their term of office.
Article 148 - Working procedures of the Commission
1
The Commission meets on dates deemed appropriate by the Commission Chairman to evaluate appeals of those whose international protection applications have been rejected.
2
The Commission meets with full participation of members and makes decisions by absolute majority.
In case of a tie vote, the majority is considered achieved in the direction of the vote cast by the Commission Chairman.
3
Commissions may be established in central and provincial organizations.
The establishment and working procedures of commissions to be established in provinces shall be determined by the Directorate General.
4
Members cannot abstain in decisions.
Decisions with dissenting votes are signed with "dissenting vote" noted.
Dissenting vote justifications are submitted in writing to the secretariat to be kept in the file.
5
The Commission conducts its work at the Directorate General service building; commissions established in provinces conduct work at the provincial directorate or other locations deemed appropriate by the commission.
6
Commissions established in the central organization of the Directorate General may also be assigned as provincial commissions in provinces where needed.
The assignment period is maximum fifteen days.
If the evaluations made by the Commission cannot be completed, this period may be extended once for another fifteen days.
Article 149 - Decisions and characteristics of the Commission
1
When evaluating appeals, the Commission also considers the following matters:
a
Examines the administration's decision in terms of procedure and merits.
b
May request information from the Directorate General, Directorate General representative or provincial directorate.
c
May meet with the appellant or their legal representative or lawyer directly or through the provincial directorate.
2
At the end of its evaluation, the Commission makes decisions in two ways:
a
May reject the applicant's appeal.
b
May request the administration to review its decision in terms of procedure or merits.
3
The Commission renders its decision within maximum fifteen days from the date the appeal reaches it.
This period may be extended for up to five more days.
4
The Commission's decision is notified to the foreigner or their lawyer or legal representative.
Article 150 - Secretariat and support services
1
The Commission's secretariat and support services are provided by the Directorate General.
Chapter 4 - Coordination Council for Combating Irregular Migration
Article 151 - Establishment
1
The Coordination Council for Combating Irregular Migration is established to perform the duties specified in the third paragraph of Article 116 of the Law, under the chairmanship of the Deputy Minister or the appointed Assistant Deputy Minister, consisting of representatives at the department head level from the General Staff, Ministry of Labor and Social Security, Ministry of Foreign Affairs, National Intelligence Organization, relevant law enforcement units and the Directorate General.
2
Representatives of ministries and institutions who will be members of the Coordination Council are also appointed from among persons at least at the level of department head or equivalent level. The appointment is made by the relevant ministries and institutions within fifteen days following the written notification of the Directorate General.
3
The law enforcement units that will appoint representatives to the Coordination Council are the Gendarmerie General Command, General Directorate of Security, Coast Guard Command, and General Directorate of Customs Protection.
4
Central and local units of relevant public institutions and organizations, non-governmental organizations, representatives of international organizations, and experts on relevant matters may be invited to the Coordination Council meetings upon the approval of the council chairman.
Article 152 - Council meeting procedure
1
The Coordination Council holds regular meetings twice a year, in January and July.
The Council may also convene extraordinary meetings at any time upon the call of the coordination council chairman.
The Director General may propose to the coordination council chairman to convene an extraordinary meeting of the council.
2
Coordination Council meetings are held at the Directorate General premises or at a different location that the Council Chairman deems appropriate and will be notified to members in advance in writing.
Article 153 - Council meeting agenda
1
The draft agenda for the meeting, prepared with the approval of the Council Chairman, is sent by the Directorate General to council members at least one month before the meeting date, together with any attachments if available.
Council members notify the Directorate General of the matters they propose to be included in the agenda no later than one week before the meeting date.
2
The meeting agenda is finalized, submitted by the Director General for the Chairman's approval, and communicated to the members.
Article 154 - Council decisions and their nature
1
The Council convenes with the absolute majority of the total number of members and makes decisions by majority vote of those present.
In case of a tie vote, the majority is considered to have been achieved in favor of the side for which the Council Chairman voted.
2
Council decisions must be written in the meeting hall with a number assigned to each decision and signed by the chairman and members.
In cases where decisions will be written and signed after the meeting, a decision protocol about this is prepared and signed by the members.
If decisions are more than one page, other pages are also written on decision papers with headers, the end of the page with the end of decisions is signed by the Chairman and members, while other pages are initialed.
In case of plans, projects, maps, and similar documents that will be attached to council decisions, one set of these documents is initialed by the secretariat and kept in the decision file.
3
Decisions with dissenting votes are signed with the note "dissenting vote".
The reasons for dissenting votes are stated in writing and submitted to the secretariat to be kept in the file.
Article 155 - Announcement of decisions
1
Decisions taken at the council are notified in writing by the Directorate General to council members and relevant institutions and organizations, and are announced on the Directorate General's website if there is no confidentiality decision.
Article 156 - Monitoring and evaluation of council decisions
1
Public institutions and organizations submit monitoring reports to the Directorate General every three months, starting from the date of the first meeting, about the work carried out in accordance with council decisions.
The Directorate General evaluates these reports and presents the results to the Council Chairman within one month.
Article 157 - Secretariat and support services
1
The commission's secretariat and support services are provided by the Directorate General.
Chapter 5 - Temporary Commissions
Article 158 - Establishment
1
Temporary commissions are established upon the proposal of the Director General with the approval of the Minister, with the participation of public institutions and organizations, non-governmental organizations, representatives of international organizations and experts on relevant subjects within the scope of duties of the Directorate General.
2
The form of establishment of temporary commissions, working period, number, qualifications, areas of expertise, selection and appointment of persons who will serve as members in commissions are determined by the Directorate General considering the characteristics of the subjects to be studied.
Article 159 - Commission working procedure
1
At the first meeting, principles and rules that the commission will follow regarding working and decision-making procedures are determined and submitted for the Director General's approval.
2
Regular and extraordinary meetings of temporary commissions are held at the place and time deemed appropriate by the Director General upon the proposal of the commission chairman.
3
The chairmanship of temporary commissions is carried out by the representative of the Directorate General.
4
The commission makes decisions by absolute majority.
In case of a tie vote, the majority is considered to have been achieved in favor of the side for which the Council Chairman voted.
5
Decisions with dissenting votes are signed with the note "dissenting vote".
The reasons for dissenting votes are stated in writing by their owners and submitted to the secretariat to be kept in the file.
6
Commission meetings are held at the Directorate General or at a place deemed appropriate by the Commission Chairman.
Article 160 - Secretariat and support services
1
The secretariat and support services of the commissions are provided by the relevant department of the Directorate General depending on the purpose of establishment and working area of the commission.
Chapter 6 - Miscellaneous and Final Provisions
Article 161 - Repealed regulation
1
The Refugee Guesthouses Regulation dated 29/4/1983 and numbered 18032 has been repealed.
TEMPORARY ARTICLE 1 - Transitional provisions
1
Until residence permit applications that should be made from abroad start to be accepted at consulates, they will continue to be accepted by governorships.
2
The Directorate General will determine which type of residence permit regulated by the Law corresponds to residence permits obtained before 11.4.2014.
3
Until residence permit applications start to be accepted at consulates, foreigners who have completed the 90-day stay period within 180 days specified in paragraph 1 of Article 10 will be allowed to enter the country if they obtain a visa and arrive at border gates, provided that they agree to apply for a residence permit within 10 days.
4
For foreigners who do not apply for a residence permit within the 10-day period specified in paragraph 3, the period between their entry date and exit date will be considered as visa violation period, and provisions of the Law regarding deportation will be applied.
These foreigners will be charged the fee amount corresponding to their violation period, calculated from their country entry date.
5
For those who voluntarily come to border gates to exit the country without applying for a residence permit within 10 days, the period between their entry date and exit date will be considered as visa violation period.
These foreigners will be charged the fee amount corresponding to their violation period, calculated from their country entry date.
TEMPORARY ARTICLE 2 - Work permit exemption
1
Until the Ministry of Labor and Social Security starts issuing work permit exemption confirmation documents according to Article 10 of the Law on Work Permits for Foreigners, foreigners listed in Article 55 of the Implementation Regulation of the Law on Work Permits for Foreigners who have arrived with an appropriate visa obtained from foreign missions are not required to obtain a residence permit for up to 90 days if their visa duration is sufficient.
At the end of this period, they will be issued a short-term residence permit not exceeding the right to work granted to them according to Article 32 of the Law.
2
Foreigners who have arrived in Turkey without an appropriate visa and are determined to fall within the scope of Article 55 of the Implementation Regulation of the Law on Work Permits for Foreigners will be issued a short-term residence permit upon request, with entry visa fee being charged, regardless of whether they arrived with a visa or under visa exemption.
3
From those falling under paragraphs 1 and 2, in addition to the documents required for short-term residence permit, documents from relevant institutions proving that they are among the persons listed in Article 55 of the Implementation Regulation of the Law on Work Permits for Foreigners are requested.
4
Until the Ministry of Labor and Social Security starts issuing work permit exemption confirmation documents according to Article 10 of the Law on Work Permits for Foreigners, tour operator representatives falling under paragraph (h) of paragraph 1 of Article 55 of the Implementation Regulation of the Law on Work Permits for Foreigners, from among foreigners who have a valid residence permit obtained in Turkey for any purpose, may work with a document showing the foreigner's status.
The form and content of this document are determined by the Directorate General and issued by governorships.
During these procedures, the following points are considered:
a
The validity period of the document is limited to the validity period of the residence permit.
b
A document allowing work as a tour operator representative may also be issued to those who present their residence permit extension application certificate.
c
The document is issued free of charge to those who have a tour operator visa that has not expired for 1 year from the date of receipt.
ç
Tour operator representatives who have not received a tour operator visa within the previous 1 year are issued the document with an entry visa fee being charged.
Article 162 - Entry into force
1
This Regulation enters into force on the date of its publication.
Article 163 - Execution
1
The Minister of Interior executes the provisions of this Regulation.