Istanbul Turkish Immigration Lawyer Deportation Lawyer

HOW ARE REMOVAL CENTER PROCEDURES AND ADMINISTRATIVE COURT PROCEDURES CONDUCTED?

Deportation (Deport) Decision and Lifting of Administrative Detention

Foreign nationals may be deported while within the borders of the Republic of Turkey due to various legal grounds or violations of public order. This process is commonly known among the public as a deport decision. In order to protect the rights of foreigners against whom a deportation process has been established, to avoid missing deadlines, and to stand against administrative detention decisions that restrict freedom, it is a legal necessity to work with an expert deport lawyer. Deport decisions can be annulled through correct objections made against unlawful administrative actions and annulment lawsuits to be filed with a request for the stay of execution. In this context, communicating with a deport removal lawyer who is an expert in the field within 7 days from the notification of the deportation decision to the foreign person is of vital importance in order not to miss the forfeiture periods.

An administrative detention decision is taken against foreign nationals for whom a deportation decision has been made, pursuant to Article 57/2 of the Law on Foreigners and International Protection No. 6458 (LFIP). The administrative detention decision is put into effect by law enforcement officers (police or gendarmerie) within 48 hours at the latest, and the foreign national is transferred to the Removal Center (GGM) in the relevant region.

Particularly due to the density in Eastern Anatolia and border regions, foreigners are mostly taken under administrative detention within the Van Kurubaş Removal Center, Erzurum Aşkale Removal Center, or Iğdır Removal Center. On the other hand, while the deport procedures of foreign women transferred in western provinces are carried out through the Silivri Removal Center; the procedures of foreign men are completed within the Çatalca Removal Center.

Foreigners taken to the removal center are管 deported by law enforcement officers following administrative procedures. However, if the court grants a stay of execution decision regarding the foreigners who applied to the Administrative Court to cancel the deport decision during this process, the foreign person continues to stay in the country until the trial is concluded. It is not legally possible to deport the foreigner until the court establishes a final judgment.

While implementing the deportation decision, the foreign national is taken to the hospital by law enforcement officers for a doctor's examination procedure, and the necessary health checks are reported. In these operational processes carried out by the Provincial Directorate of Migration Management, foreign persons are sent from the removal centers where they are held to their own countries or to another third country they wish and will be accepted.

Competent and Jurisdiction Court in Deport Removal Lawsuit

Lawsuits to be filed for the purpose of annulling deportation (deport) decisions must be filed in Administrative Courts, as these actions are administrative dispositions. The court of the place where the governor's office or the directorate of migration management that issued the deportation decision is located is competent. For example; a lawsuit must be filed before the Van Administrative Court against the deport decisions established by the Van Governorate or the Van Provincial Directorate of Migration Management. Similarly, applications are made to the Administrative Courts of the relevant provinces against the decisions taken by the governorates of Erzurum or Iğdır.

On the other hand, the competent authority in objections to be made against the administrative detention decision, which means the restriction of the foreigner's freedom, is the Criminal Judicature of Peace. The competent court in lawsuits filed against the administrative detention decision is the court of the place where the detention process is physically applied, that is, where the foreigner is held. An urgent release application must be made to the Van Criminal Judicature of Peace for a foreigner held in the Van Kurubaş GGM; and to the Aşkale Criminal Judicature of Peace for a foreigner held in the Erzurum Aşkale GGM.

How is a Deport (Deportation) Decision Removed?

The lifting of the deport penalty established against a foreigner, the cancellation of the entry ban, and the suspension of the deport penalty possess a complex legislative infrastructure. For this reason, obtaining legal support through a deport removal lawyer, a migration lawyer, a DEPORTATION DECISION REMOVAL LAWYER, or a foreign law lawyer specialized in the field of foreigners law is essential for the safety of the process.

It is highly difficult for foreign nationals to conduct this process alone and conclude it positively, as they are far from their own languages and Turkish legislation. In this administrative process where time is raced against, an expert lawyer prevents loss of rights because they know both the current legal rules and the practical applications in the Removal Centers.

Foreigners located in Turkey are deported under Law No. 6458 if they violate one of the entry bans, exceed their visa periods, or risk their residence permits by working illegally. Professional legal consultancy must be obtained in order to stop these decisions taken against them, to obtain a stay of execution guarantee, and to ensure their re-entry into Turkey through legal ways.

Is It Possible to Stop a Deport Decision?

The deportation decision is an administrative action, and pursuant to the legislation, the departure of the foreigner from airports or border gates to be de-ported is planned. The foreign person themselves or the deport removal lawyer they have authorized can object to this decision within the legal period. When an annulment lawsuit is filed in the Administrative Court within the 7-day period starting from the notification of the decision, filing the lawsuit automatically stops the deportation process (except for some exceptional restriction codes). The person can continue to stay legally in Turkey throughout the court process.

Among the reasons why foreigners are frequently deported are visa period violations or exceeding the residence (ikamet) permit period. Depending on the nature of the violation, a entry ban to the country for a certain period of time may be imposed on the foreigner, or the entry to the country may be completely closed indefinitely due to some judicial crimes committed. Foreigners who have a residence permit but do not have a work permit and are detected to be working illegally are also transferred to Removal Centers to be de-ported pursuant to the legal legislation.

For How Long is a Deport Decision Issued?

A entry ban to Turkey varying between 5 months and 5 years may be imposed on a foreigner against whom a deportation decision has been made, according to the nature and legal grounds of the violation. However, if the reason for the foreigner's deportation is based on a contagious disease that will jeopardize general public health or a heavy act that threatens public safety such as terrorism or organized crime, this situation may turn into an indefinite entry ban (restriction code) and its removal is subject to much stricter legal procedures. While the periods are kept shorter in simple visa violations, penalties are applied from the upper limit in judicial incidents.

What is the Invitation to Leave Turkey?

Certain foreigners against whom a deportation decision has been made are granted a period of not less than 15 days and up to 30 days to leave the country on their own accord, depending on the nature of their situation. This process is called an invitation to leave Turkey. If foreigners who are given a document of invitation to leave (departure permit document) leave through the border gates within this period, administrative detention provisions such as being taken to the GGM are not applied to them. However, even if the invitation to leave is not subject to a fee, the foreigner must pay the past visa violation fines, if any, at the border gate.

The provisions of invitation to leave are not applied to foreigners in the following situations, and they are directly transferred to removal centers within 48 hours by law enforcement: Those who violate public order, those who pose a threat to public health or safety,

Those who violate the rules of illegal entry into and exit from Turkey,

Those who are at risk of escaping or disappearing,

Those who use false or invalid documents (passport, residence card),

Those who do not leave Turkey within the recognized period without a justifiable excuse.

How Long is the Stay Period in the Removal Center?

The administrative detention period in removal centers is at most 6 months legally. However, in the event that the procedures are prolonged due to the foreign national's non-cooperation with their country of origin, or giving false/incomplete statements about their personal information and passport, this period may be extended for another 6 months. Pursuant to the legal limit, the period of being held in the removal center cannot exceed 12 months in total for whatever reason.

Administrative Detention Decision and Alternative Obligations

The decision to be kept under administrative detention is regularly re-evaluated every 30 days by the Provincial Directorate of Migration Management. The decisions of continuation or termination taken are notified to the foreign person or their legal representative, the deport lawyer. Foreigners held within the GGM can immediately object to the Criminal Judicature of Peace, claiming that the decision is unlawful.

In effective applications to be made through an expert lawyer, it can be requested to apply alternative obligations to administrative detention instead of restricting the foreigner's freedom. These alternative obligations, which allow a foreign national to continue their life outside instead of staying in a GGM cell, are as follows: Electronic monitoring (tracking with handcuffs or devices),

Obligation to reside at a specific address (signature obligation),

Providing a guarantee (bail),

Taking part in voluntary services for public benefit.

Objections made to the Criminal Judicature of Peace against the administrative detention decision are decided by the judge within the period. Although the release or rejection decision given is final, it is possible to apply an objection to the Criminal Judicature of Peace again and again through a lawyer if new conditions (health status, marriage, new evidence) changing the foreigner's situation or file emerge.

What are Deport Codes (Restriction Codes)?

The reason for blocking a foreigner's entry into Turkey or their deportation is symbolized by the deport code (restriction code) processed into their system. Among the questions most frequently asked by clients reaching our law firm are; "how do I find out my deport code?", "how is a deport inquiry made?" and "how is a restriction code removed?". An experienced lawyer develops a special objection strategy according to the specific restriction code processed into the foreigner's passport or migration management database, and prepares the petitions to be submitted to the court according to the legal nature of this code.

What are the Most Frequently Encountered Restriction and Deport Codes?

V-68: Those whose residence permit is subject to ministry permission

V-69: Foreigners whose residence permits have been canceled

V-70: Those trying to obtain residence through a fraudulent/collusive marriage

V-71: Those who do not notify address changes or make false address declarations

V-74: Those whose departure from the country will be notified to ministries or governorates

V-84: Those entering subject to the condition of obtaining a residence permit within 10 days

V-87: Temporary protection owners (Syrian nationals, etc.) making a voluntary return

V-88: Foreigners whose work permits have been invalidated

V-137: Those invited to leave Turkey

V-154: Those applying to the administrative court against the deportation decision

V-157: Foreigners whose residence permit applications have been rejected

G-26: Those alleged to have illegal organization activities

G-42: The crime of drug trafficking or use

G-43: Smuggling crimes

G-48: The accusation of mediating prostitution and providing space

G-78: Foreigners carrying contagious diseases

G-82: Those acting against national security

G-87: Persons thought to pose a danger in terms of general security (Critical Code)

Ç-101 / Ç-102 / Ç-103 / Ç-104 / Ç-105: Entry bans to Turkey varying from 3 months to 5 years depending on the visa, residence, or work permit violation period

Ç-113: Those entering-exiting the country through illegal ways

Ç-114: Foreigners against whom judicial action has been taken

Ç-115: Foreign nationals released from prison

Ç-117: Those working illegally and without permission

Ç-120: Those not paying the administrative fine resulting from visa or residence violations

Ç-150: Those trying to enter the country with a false document

Ç-151: Those alleged to be immigrant smugglers or human traffickers

N-82: Prior authorization code subject to permission entry

N-99: Restriction imposed due to Interpol search code

IS IT FEASIBLE TO EXECUTE A RESIDENCE PERMIT APPLICATION WITHOUT LEGAL REPRESENTATION IN TURKEY?

Indeed. It is fully achievable to file a residence permit application without seeking an attorney; nonetheless, owing to the factors stressed recurrently throughout this manual, opting for such a path carries severe hazards.

What Appears If I Manage the Submission Process Privately Without Legal Counsel?

Supervising the residency permit procedure via a legal advocate is of paramount consequence for the accurate stewardship of the protocol. In this framework, the residential authorization process encompasses numerous technical nuances, such as the presentation of records in compliance with the statutory rules in a flawless and total manner, identifying the most appropriate and correct residency authorization for you, and computing the lawful timeframes precisely. Carrying out these aspects deficiently or inaccurately leads to the dismissal of the petition, thereby creating the foreign national's jeopardy of deportation.

A specialized team of immigration counselors administers your habitation permit petitions with expert assistance from the absolute commencement to the absolute termination.

RESIDENCE PERMIT PETITION FREQUENTLY ASKED QUESTIONS (FAQ)

If a Staying Authorization is Dismissed, Will I Be Expelled from the Country?

Not every residency permit denial ruling automatically implies an expulsion decree. However, if the foreign national’s lawful duration of stay has elapsed, it may be essential to depart from Turkey within designated timeframes or to utilize judicial remedies. Consequently, the notification date of the rejection ruling and the particular condition of the dossier must be analyzed independently.

What is the Monetary Cost of an Immigration Attorney for Stay Permits?

The residential authorization attorney fee is fixed by analyzing factors such as the category of habitation to be petitioned for and the magnitude of the dossier concurrently. In this structure, the pricing may fluctuate depending on the legal backup to be supplied.

Can an Application Be Formulated From Outside the Turkish Borders?

A staying permit can solely be petitioned for from inside the Turkish territories. Habitation permit petitions cannot be executed from abroad.

Is It Attainable to Transition from a Staying Authorization to Full Citizenship?

Yes, it is viable to switch to Turkish citizenship from specific categories of residency permits. For this achievement, you are required to have inhabited Turkey for a minimum of 5 years or to have been wed to a Turkish national for a minimum of 3 years. Additionally, you can secure citizenship if you execute an immovable property acquisition matching the value of 400,000 dollars.

Am I Allowed to Encompass My Family Dependents in the Habitation Authorization?

In the scenario that the criteria for the family staying permit clarified in our review are satisfied, the individual’s spouse and offspring can execute a family staying permit petition. However, to evade facing complications, particularly if you intend to encompass family dependents in a citizenship petition, securing the backing of a professional staying permit counselor will be more advantageous for your benefit.

How is a Staying Authorization Prolongation Petition Executed?

The residency permit renewal petition commences in the final 60 days ahead of the expiration of your active permit and must absolutely be executed before the validation of your permit elapses. It must be highlighted with emphasis that the petition must definitely be formulated before the staying authorization concludes.

Petitions are executed through the electronic residency portal by completing the prolongation application form. As a consequence of the petition, the foreign national is supplied with an appointment slot, and the foreign national submits to the Provincial Directorate of Migration Management with the mandatory records on the appointment date and hour.

HOW MUCH TIME DOES A TURKISH RESIDENCE PERMIT PETITION REQUIRE TO CONCLUDE?

The lawful timeframe for finalizing staying permit petitions is 90 days by statute. In the scenario that this timeframe is prolonged, an informational brief is supplied. However, currently, habitation permit petitions are finalized within an average window of 30 days.

On What Grounds is a Staying Authorization Petition Dismissed?

The foundations for denying a residency permit petition are fixed within the boundaries of the Law on Foreigners and International Protection (LFIP). Correspondingly, the universal grounds for dismissal encompass:

• The nonexistence of a passport or a record replacing a passport

• Presentation of counterfeited or deceptive records

• The passport not maintaining validity for at least 60 days beyond the termination of the requested staying authorization

• The individual possessing an active entry prohibition to Turkey

• The individual presenting a hazard in terms of public order and public safety

• The existence of ailments that form a hazard to public health

• The absence of valid medical coverage

• The requested habitation category not being compatible with the factual objective of stay

• The exploitation of a previously bestowed staying permit outside of its designated objective.

Appeals Against Dismissal Rulings and the Essential Weight of the 60-Day Window

The denial of a residency permit request, the non-renewal of the authorization, or its revocation is formally declared to the foreign national or their legal representative. Within 60 days from the communication of the ruling, an opposition can be lodged to the administration or an annulment lawsuit can be initiated in the competent administrative tribunal. Petitioning the administration halts the clock for initiating a lawsuit. In alternative terms, if the administration is petitioned on the 10th day from the communication of the dismissal, and the administration conveys its negative reply within 15 days, the individual’s remaining window to initiate a lawsuit will be 50 days from the communication of the administration’s negative response.

Computing the 60-day window accurately is of utmost consequence in order to evade a forfeiture of entitlements. In the scenario that the target date is missed, the dismissal ruling against the foreign national becomes absolute, and an expulsion decree may arise onto the calendar. In order to avert such losses of entitlements, collaborating with veteran advocates is of paramount consequence.

MANDATORY RECORDS FOR A RESIDENCE PERMIT IN TURKEY

Exhibiting the records mandatory for a staying permit petition in a total and flawless manner is extraordinarily crucial. In this framework, the required records can fluctuate according to the category of staying authorization.

Mandatory Records for a Short-Duration Staying Authorization

• Petition form

• The original copy and a duplicate of the passport or an identical paper

• 4 biometric portraits

• Attestation of adequate financial means throughout the timeframe of the staying authorization

• Medical coverage

Mandatory Records for a Long-Duration Staying Authorization

• Petition form

• A duplicate of the foreign citizen's passport

• Portrait

• Vouchers or papers verifying that the official statutory fee has been cleared

• An attestation verifying that there is a sufficient and steady revenue throughout the timeframe to be inhabited in Turkey

• Medical coverage

• A paper demonstrating that no welfare assistance has been obtained within the 3 years ahead of the petition

• A paper demonstrating that the place of habitation is fixed in the scenario that the staying authorization is granted (Property deed/tapu if you are a property owner, tenancy compact if you are a lessee)

• A paper verifying that habitation has been sustained in Turkey for 8 years

• Criminal background clearance (Adli sicil kaydı)

• Papers concerning historical staying authorizations, if you have drawn advantage from them previously

Mandatory Records for a Family Staying Authorization

Records to be requested from the applicant candidate:

• Staying Permit Petition Form (Must be endorsed by the foreign national and/or their lawful proxy.)

• Duplicate of the passport or the record replacing a passport (The segment containing identification data and portrait, and the utilized segments demonstrating entry-exit and visa data) (The original record must accompany you on the appointment date.)

• Four (4) biometric portraits (Must be produced within the past 6 months, with a white backdrop, and must be biometric.)

• Papers/vouchers demonstrating that the habitation fee and card tariff have been cleared

• Marriage certificate or records verifying that the partners are wed

Records to be requested from the supporter (sponsor):

• If a Turkish national: The original copy and a duplicate of the Personal Identity Card / National ID Card (The original record must accompany you on the appointment date.)

• If a foreign national: A duplicate of the passport or the record replacing a passport (the segment containing identification data and portrait, and the utilized segments demonstrating entry-exit and visa data) (if accessible for refugees and secondary protection status holders) (The original record must accompany you on the appointment date.)

• Duplicate of the habitation/work permit record, blue card (mavi kart), or identity records of a refugee or secondary protection status holder

• An authenticated, endorsed paper verifying that adequate and steady monetary capabilities are maintained for the timeframe of the stay

• Valid medical coverage encompassing all family dependents (The insurance timeframe must cover the requested staying authorization window.)

• Criminal background clearance (Adli sicil kaydı)

• A paper demonstrating enlistment in the Address Enlistment System (Adres Kayıt Sistemi)

• A paper demonstrating the place of habitation

Mandatory Records for a Student Staying Authorization

• Staying Permit Petition Form

• The original copy and a duplicate of the passport or the record replacing it

• 4 biometric portraits (matching ICAO benchmarks)

• Vouchers demonstrating that the essential tariffs have been cleared

• Medical coverage paper

• Active enrollment certificate (Öğrenci belgesi)

• Papers demonstrating monetary means that will support life during the timeframe of the staying authorization

• Record of the place of habitation in the scenario that the staying authorization is granted

• Supplementary records that may be mandatory depending on the specific posture

HOW TO INITIATE A RESIDENCE PERMIT CLAIM (E-RESIDENCE PORTAL)

Staying permit petitions proceed through concrete regulations. Executing this mechanism accurately and comprehensively is extraordinarily vital in order not to induce any loss of entitlements. The preparatory petition can be performed through the internet-based setup.

Petitioning Via the Online E-Residence Setup

Foreign citizens can petition via the E-Residence setup through the digital portal of the Presidency of Migration Management. The petitioning foreign national must pick the alternative "I am Formulating a Residence Permit Application for the First Time". Following this action, the "Pre-Enlistment Petition Form" must be completed totally and accurately.

After completing the form, an appointment slot must be secured from the Provincial Directorate of Migration Management in the territory where the petition will be executed. In agreement with the appointment date and hour, a printed copy of the completed Pre-Enlistment Form must be obtained and endorsed, and one must attend the Provincial Directorate of Migration Management in a prepared manner along with the records mandatory for the staying permit petition.

Appointment Slot and Migration Supervision Mechanism

As an outcome of the application formulated over the digital E-Residence setup, the petitioner must secure an appointment slot. The petitioner must hand over the mandatory records comprehensively to the Directorate of Migration Management on the appointment date. The authorities review the records, and in the scenario that it is deemed essential, extra records may be requested.

HUMANITARIAN HABITATION AUTHORIZATION

A humanitarian staying permit is a category of authorization granted in extraordinary scenarios and demands a distinctive analysis. It is utilized for foreign nationals who cannot satisfy the standard application criteria and cannot petition for normal short-duration staying authorizations but must remain inside Turkey. Such petitions are fully at the open discretion of the authorities, and a powerful legal rationale must be introduced. Consequently, collaborating with a humanitarian staying permit counselor in humanitarian staying permit petitions permits the mechanism to be appropriately structured.

In these scenarios, a humanitarian staying permit can be granted without hunting for the criteria mandatory for granting alternative staying authorizations. Foreign citizens who procure a humanitarian staying permit are bound to register in the address enlistment database within twenty operational days at the latest from the date the authorization is put forth.

STUDENT RESIDENCE AUTHORIZATION

A student staying permit is a category of staying authorization granted to foreign citizens who are within Turkey for the objective of undergoing instruction in an educational establishment.

The following personalities can draw advantage from a student staying permit:

• A student staying permit can be granted to foreign nationals who will receive associate, bachelor’s, master’s, or doctoral titles, Specialty Training in Medicine (TUS), and Specialty Training in Dentistry (DUS) in a tertiary education establishment in Turkey.

• A student staying permit can be granted to foreign nationals who do not possess a family staying permit but will undergo primary and secondary instruction. (Foreign citizens who possess a family staying permit and will study at the primary and secondary instruction tier can proceed with their education until the age of 18 without needing to procure a staying permit. Nonetheless, students who cross the age of 18 and are still proceeding with their instruction at the secondary education tier are bound to procure a staying permit.)

If the individual's educational window is shorter than one calendar year, the timeframe of the student staying permit cannot outlast the educational window. Foreign nationals who arrive through public organs and entities to undergo education in Turkey can be granted a staying permit for the duration of their instruction.

In the student staying permit, the criteria of exhibiting records demonstrating that the foreign national will study in Turkey, not being among the foreign nationals who are forbidden to enter Turkey, and reporting the address where they will reside are hunted for.

FAMILY RESIDENCE AUTHORIZATION

A family staying permit is a category of authorization that permits foreign family dependents to reside in Turkey. A family staying permit can be attained depending on the standing of a "sponsor" (supporter). The sponsor is a foreign citizen who possesses specific criteria in the statute and permits family dependents to inhabit Turkey.

Within this realm, for the family dependents of Turkish nationals, those within the boundaries of Article 28 of the Turkish Citizenship Statute, or foreign nationals who possess one of the staying authorizations, as well as refugees and secondary protection status holders; a family staying permit can be granted to their:

• a) Foreign lifepartner,

• b) Their own or their lifepartner's minor foreign offspring,

• c) Their own or their lifepartner's dependent foreign offspring,

On each occasion, it can be issued not to span past 3 years. Nonetheless, the timeframe of the family staying permit can under no circumstances outlast the timeframe of the sponsor's staying authorization. A foreign citizen might be residing with a maternal or paternal parent who is in need of assistance outside of their lifepartner and offspring. A family staying permit should also be allocatable for a maternal or paternal parent who is in need of assistance.

In the scenario that the foreign national requesting a family staying permit possesses more than one lifepartner, a family staying permit can be issued to only one lifepartner. Nonetheless, a family staying permit can also be extended to their offspring from alternative lifepartners. In the family staying permit of offspring, the confirmation of the maternal or paternal parent who holds shared custody outside of Turkey, if any, is hunted for. If one of the parents is residing in Turkey with a staying permit, it is mandatory to present a record concerning the confirmation of the alternative parent who holds shared custody abroad during the petition for the staying permit requested for the offspring.

Family staying permits supply the entitlement to education in primary and secondary instruction establishments up to the age of 18 without procuring a student staying permit.

Foreign citizens possessing a family staying permit can claim a short-duration staying authorization in the following conditions:

• Those who cross the age of eighteen among those who have stayed in Turkey with a family staying permit for a minimum of 3 years,

• In the event of marriage dissolution, a foreign national wed to a Turkish citizen, provided that they have stayed with a family staying permit for a minimum of three years (Nonetheless, if it is established by a relevant judicial ruling that the foreign lifepartner is a casualty due to domestic aggression, the three-year timeframe criterion is not hunted for.)

• Those who remain in Turkey with a family staying permit dependent on the sponsor in the event of the sponsor's demise can claim a short-duration staying authorization.

Criteria of the Family Staying Authorization

Certain criteria are hunted for in the sponsor for a family staying permit to be secured. The first of these is that they hold a monthly revenue, provided that their aggregate revenue is not less than the statutory minimum wage, which is not less than one-third of the minimum wage per individual in the household circle.

For a family staying permit to be secured, medical coverage encompassing all family dependents must be established.

The sponsor must verify with a criminal background check that, as of the petition date, they have not been penalized for any of the transgressions against the family harmony within 5 years.

The sponsor must have resided in Turkey for a minimum of 1 year and must be registered in the address enlistment database. Nonetheless, the 1-year habitation criterion is not hunted for those who possess a staying permit for scientific exploratory objectives or a work permit, or for foreign nationals wed to Turkish citizens.

Individuals who will petition for a family staying permit are bound to exhibit records verifying that they are the lifepartner or offspring of the sponsor. This posture will bear weight especially for those who possess an offspring born out of wedlock. These individuals must verify that these personalities are their offspring for the family staying permit they desire to secure for their offspring. Consequently, someone who possesses a valid staying permit in Turkey will need to execute a recognition-enforcement (tanıma-tenfiz) suit in Turkish tribunals for a judicial ruling demonstrating that the offspring belongs to them, in order to capture a staying permit for their offspring. Secondly, the presentation of a record demonstrating the confirmation of the maternal or paternal parent who is abroad and possesses shared custody is essential.

The individual desiring to secure a family staying permit must illustrate the choice to live concurrently with the sponsor and must verify that the wedding was celebrated in order to be capable of securing the family staying permit.

• The wedding must not have been celebrated for the single target of securing a family staying permit.

• Each of the lifepartners must have reached 18 years of age.

• The individual desiring to secure a family staying permit must not drop within the boundaries of Article 7, which dictates personalities who are blocked from entering Turkey.

The family staying permit is denied, is revoked if it has been granted, and its timeframe is not extended in scenarios where the criteria evaporate, it is utilized outside of its objective of issuance, or a valid expulsion or entry prohibition ruling exists concerning the individual.

LONG-DURATION RESIDENCE AUTHORIZATION

Articles 42-45 of the Law on Foreigners and International Protection govern the long-duration staying permit. In accordance with the relevant segments, an infinite staying permit is granted to foreign nationals who have remained in Turkey without interruption for a minimum of 8 years with a staying permit or who comply with the criteria fixed by the ministry body. It is critical to log with weight that the entitlement to transition to a long-duration staying permit is not granted for refugees, conditional refugees, secondary protection status holders, humanitarian staying permit holders, and those provided with temporary protection.

Criteria for a Long-Duration Staying Authorization

• a) Having remained in Turkey with a staying permit without interruption for a minimum of 8 years (In the assessment of the uninterrupted 8 years, half of the student staying permit is calculated, whereas the full timeframe of alternative staying permits is counted)

• b) Not having gathered welfare assistance within the final 3 years

• c) Possessing a sufficient and steady source of revenue to maintain the life of themselves or their household, if any (Possessing a steady revenue should not be contemplated only in the light of receiving a concrete wage every month. Nonetheless, possessing a revenue that will suffice and is in fluctuating figures each month will also be adequate. For example, the criterion of securing a steady revenue should not be hunted for a foreign national who is involved in commerce in their own nation and has entered Turkey with a massive sum of capital. Nonetheless, for this criterion, they are generally bound to exhibit records such as a wage slip showing the gains of the foreign individual and records showing the sums present in their financial institution account.)

• d) Maintaining valid medical coverage

• e) Not presenting a hazard in terms of public order or public safety

With the long-duration staying permit, foreign nationals are granted the asset to secure an infinite staying permit.

Entitlements Granted by the Long-Duration Staying Authorization

Foreign citizens holding a long-duration staying permit can draw advantage from the entitlements granted to Turkish citizens, barring the duty to fulfill military service, the entitlement to vote and be selected, entering public employment, and bringing in vehicles as exempt, and the dictations in specific statutes.

SHORT-DURATION RESIDENCE AUTHORIZATION

The short-duration staying permit possesses distinct categories within its boundary. A short-duration staying permit can be granted to foreign nationals specified in Article 31 of the Law on Foreigners and International Protection. The postures of foreign nationals who can secure a short-duration staying permit are cataloged one by one in the statute. If foreign nationals who are in this posture possess one of the factors present in the statute, a staying permit will be granted to these foreign nationals.

• a) Those who will land for the objective of scientific exploration

• b) Those who possess immovable property (real estate assets) in Turkey

• c) Those who will forge a commercial bond or enterprise

• d) Those who will engage in internal operational instruction programs

• e) Those who will land for educational or matching objectives within the boundary of treaties to which the Republic of Turkey is a party or scholar swap programs

• f) Those who will remain for recreational objectives (Touristic staying permit)

• h) Those who are bound to remain in Turkey depending on the call or ruling of judicial or administrative bodies

• g) Those who will receive medical care, provided that they do not harbor one of the ailments labeled a hazard to public health

• i) Those who shift from a family staying permit to a short-duration staying authorization

• j) Those who will engage in Turkish vernacular mastery courses

• k) Those who will engage in instruction, exploration, practical training, and courses in Turkey through public entities

• l) Those who petition within six months from the graduation calendar date among those who have finished their tertiary education inside Turkey

• m) Those who do not work inside Turkey but will execute an investment in a boundary and figure to be fixed by the President, as well as their foreign lifepartner, and the minor or dependent foreign offspring of themselves and their lifepartner

• n) Citizens of the Turkish Republic of Northern Cyprus

For a foreign national to claim a short-duration staying permit, they must forge a claim by advancing one or several of the foundations cataloged above and exhibit the information and records connected to this claim.

STAYING PERMIT ATTORNEYS IN ANKARA, ISTANBUL, AND ACROSS TURKEY

The immense volume of petitions in vital cities like Ankara and Istanbul directly shapes many intervals of the mechanism. While Ankara possesses a more methodical setup due to being the nucleus of administrative protocols, Istanbul introduces a pathway where more rigid inspections are executed due to its massive foreign residency numbers. Meanwhile, staying permit petitions are not restricted solely to primary cities. Petitions are also gathered and evaluated through the Provincial Directorates of Migration Management in distinct territories of Turkey.

With the backing of an Immigration/Staying Permit Counselor, professional legal assistance is supplied to clients who wish to execute a staying permit petition from all corners of Turkey, primarily encompassing Istanbul and Ankara.

Why is Collaborating with a Staying Permit Counselor Weighty?

Blunders committed in staying permit mechanisms can induce irreversible forfeitures of entitlements. In this framework, collaborating with an advocate from the absolute introduction of the application pathway is highly weighty in order to pick the accurate moves within the protocol. Staying permit mechanisms are supervised with meticulousness for every single client, ensuring holistic legal backup.

Legal Briefing and Final Synthesis

Staying permit mechanisms can change depending on many elements, such as the legal posture of each foreign citizen, their visa pathway, and their objective of stay. In this framework, failure to pick the accurate moves can induce irreversible forfeitures of entitlements. Securing legal backup is of vital consequence for defining the most matching habitation category for your case, exhibiting the records completely and accurately, and steering the mechanism flawlessly. Staying permit mechanisms are supervised with maximum care, guaranteeing functional legal backup.

WHAT EMBODIES A RESIDENCE PERMIT AND WHO IS BOUND TO ACQUIRE IT?

A staying permit implies the authorization voucher delivered by the state concerning the foreign national’s capability to dwell in the country. This authorization voucher, delivered by the designated organs, endows the foreign national with the entitlement to reside in Turkey for a designated timeframe. A staying permit is put forth in the scenario that the foreign national executes a claim, petitions with the demanded records, and satisfies the criteria specified in the category of staying permit they are claiming.

Pursuant to the Law on Foreigners and International Protection, foreign nationals who wish to remain inside Turkey for longer than 90 days or longer than the window granted by a visa or visa exemption are bound to acquire a staying permit. That is to say, when a foreign citizen lands in Turkey by acquiring a visa or lands with a visa exemption, there is no requirement for them to acquire any staying permit within the timeline stretching up to 90 days. Nonetheless, if they wish to remain longer than this window and live inside Turkey, the staying permit petition must be executed within the timeframe of the visa or exemption. At this defining juncture, a staying permit counselor handles the entire mechanism within a judicial framework, from defining the petition category accurately to structuring the mandatory records.

How to Get Out of the Removal Center?

The release of a foreigner held under administrative detention in the removal center and obtaining their freedom is possible through the Criminal Judicature of Peace objection process to be conducted by a professional deport removal, deportation decision removal lawyer. The judicature examining the objection decides within the legal period. In the event that the objection to be made is far from cliché sentences, based on concrete evidence, proving that the foreigner has no risk of escaping, and fully compatible with the LFIP legislation, the administrative detention decision can be lifted and the foreigner's release can be ensured.

The deport decision (deportation decision) is a highly critical administrative action that directly affects the legal statuses of foreign nationals in Turkey and can lead to grievances whose reversal is difficult. It is of vital importance for foreigners against whom an administrative detention or deportation decision has been established to apply to administrative courts with the correct legal arguments without missing the legal periods. In order to prevent loss of rights in this process, to object to the administrative detention decision, and to conduct the annulment lawsuit of the deportation process professionally, it is necessary to work with expert jurists in the provinces where Turkey's migration mobility is most intense.

Particularly for foreigners residing in metropolises and border cities where irregular migration, entry-exit procedures, and judicial cases are concentrated, or held in removal centers, correct and rapid intervention is essential. In this context, utilizing the expertise of an Istanbul Deport Lawyer, Ankara Deport Lawyer, İzmir Deport Lawyer, Antalya Deport Lawyer, Bursa Deport Lawyer, Kocaeli Deport Lawyer, Adana Deport Lawyer, Mersin Deport Lawyer, Gaziantep Deport Lawyer, Şanlıurfa Deport Lawyer, Hatay Deport Lawyer, Edirne Deport Lawyer, Van Deport Lawyer, Erzurum Deport Lawyer, Ağrı Deport Lawyer, Muğla Deport Lawyer, Aydın Deport Lawyer, Çanakkale Deport Lawyer, Kayseri Deport Lawyer, and Sakarya Deport Lawyer for the annulment of unfair actions established against you and for regaining your freedom will directly change the course of the process.

A consultancy process dominant in foreigners law legislation and current precedent decisions of administrative courts begins with the correct use of the right to file a lawsuit, which automatically stops the execution of the deportation decision. While seeking your legal rights against the decisions of the Presidency of Migration Management and provincial organizations, contacting directly an Istanbul Lawyer, Ankara Lawyer, İzmir Lawyer, Antalya Lawyer, Bursa Lawyer, Kocaeli Lawyer, Adana Lawyer, Mersin Lawyer, Gaziantep Lawyer, Şanlıurfa Lawyer, Hatay Lawyer, Edirne Lawyer, Van Lawyer, Erzurum Lawyer, Ağrı Lawyer, Muğla Lawyer, Aydın Lawyer, Çanakkale Lawyer, Kayseri Lawyer, and Sakarya Lawyer for the follow-up of the lawsuit and making the client visits in the removal centers completely is the safest and most professional solution path in this sensitive legal process where time is raced against.

Deportation decisions implemented across Turkey are not only limited to large metropolises but also frequently appear in strategic transition corridors and regional centers of the country. Foreign nationals who face the risk of deportation or against whom an administrative detention decision has been taken must work with experts dominant in regional legislation so as not to experience a deprivation of rights and to be able to file annulment lawsuits with a request for a stay of execution in the administrative judiciary completely.

In critical cities located on irregular migration routes or where removal centers are located, it is necessary to obtain support from professionals dominant in local processes and court practices such as an Iğdır Deport Lawyer, Kırklareli Deport Lawyer, Malatya Deport Lawyer, Balıkesir Deport Lawyer, Niğde Deport Lawyer, Çankırı Deport Lawyer, Kütahya Deport Lawyer, Bayburt Deport Lawyer, Denizli Deport Lawyer, Samsun Deport Lawyer, Trabzon Deport Lawyer, Eskişehir Deport Lawyer, Konya Deport Lawyer, Diyarbakır Deport Lawyer, Tekirdağ Deport Lawyer, Manisa Deport Lawyer, Yalova Deport Lawyer, Mardin Deport Lawyer, Kilis Deport Lawyer, and Kahramanmaraş Deport Lawyer in order to show a legal reflex without losing time against the speed of administrative processes.

In these sensitive processes conducted within the scope of the Law on Foreigners and International Protection, cooperating with an Iğdır Lawyer, Kırklareli Lawyer, Malatya Lawyer, Balıkesir Lawyer, Niğde Lawyer, Çankırı Lawyer, Kütahya Lawyer, Bayburt Lawyer, Denizli Lawyer, Samsun Lawyer, Trabzon Lawyer, Eskişehir Lawyer, Konya Lawyer, Diyarbakır Lawyer, Tekirdağ Lawyer, Manisa Lawyer, Yalova Lawyer, Mardin Lawyer, Kilis Lawyer, and Kahramanmaraş Lawyer registered to the bars in the relevant provinces for the purpose of preparing the case petitions in accordance with the procedure and stopping the deportation procedures urgently is the most important step to prevent the occurrence of irreparable damages.

The risk of deportation encountered by foreigners as a result of restriction codes, visa violations, or judicial processes established by the provincial organizations of the Presidency of Migration Management within the scope of combating irregular migration can produce grave family and legal consequences. Foreign nationals against whom administrative control, invitation to leave, or a direct deportation process is applied pursuant to Law No. 6458 must reach expert jurists dominant in local court dynamics across Turkey in order to protect their freedoms and defend their legal statuses on legal grounds.

In this framework, professional support must be obtained from expert cadres closely following regional lawsuit processes and göç hukuku literature such as a Sivas Deport Lawyer, Afyonkarahisar Deport Lawyer, Isparta Deport Lawyer, Burdur Deport Lawyer, Uşak Deport Lawyer, Nevşehir Deport Lawyer, Kırşehir Deport Lawyer, Yozgat Deport Lawyer, Amasya Deport Lawyer, Tokat Deport Lawyer, Çorum Deport Lawyer, Kastamonu Deport Lawyer, Zonguldak Deport Lawyer, Giresun Deport Lawyer, Ordu Deport Lawyer, Rize Deport Lawyer, Artvin Deport Lawyer, Erzincan Deport Lawyer, Elazığ Deport Lawyer, and Adiyaman Deport Lawyer in the objection to the administrative detention decision, criminal judicature of peace applications, and follow-up of annulment lawsuits with a request for a stay of execution in administrative courts.

Contacting quickly a Sivas Lawyer, Afyonkarahisar Lawyer, Isparta Lawyer, Burdur Lawyer, Uşak Lawyer, Nevşehir Lawyer, Kırşehir Lawyer, Yozgat Lawyer, Amasya Lawyer, Tokat Lawyer, Çorum Lawyer, Kastamonu Lawyer, Zonguldak Lawyer, Giresun Lawyer, Ordu Lawyer, Rize Lawyer, Artvin Lawyer, Erzincan Lawyer, Elazığ Lawyer, and Adiyaman Lawyer active in the judicial jurisdictions of the relevant provinces for the purpose of not missing the narrow legal periods (especially the 7-day period for filing a lawsuit) starting from the notification of the deportation decision, terminating the process restricting freedom in removal centers, and seeking the rights of foreign clients at international standards is the most effective and strategic step that will ensure the cancellation of administrative sanctions.

You may need to get support from an Istanbul Deport Lawyer, Ankara Deport Lawyer, Antalya Deport Lawyer, İzmir Deport Lawyer, Istanbul Lawyer, Ankara Lawyer, İzmir Lawyer, Antalya Lawyer, Mersin Lawyer after a Deport decision is given.

Who Covers the Travel Expenses of Deported Foreigners?

The return ticket and travel expenses to their country of the foreign national whose deportation has been decided are primarily covered by themselves. In the event that the foreigner does not have financial means, the expenses are paid from the budget of the General Directorate of Migration Management. However, as long as these travel expenses covered by the state are not paid back, the foreign national is not allowed to re-enter Turkey through legal ways in the future. Cash money, passports, or negotiable instruments convertible into money found on the foreigner can be used by the administration to cover the ticket expenses in deport procedures.

You can contact us to find out how long an entry ban you have to Turkey, to have your existing restriction codes inquired, to have unfair deport decisions canceled, and to ensure the urgent evacuation of your relatives in Removal Centers, and to receive professional legal support and lawsuit follow-up services. Turkish Immigration Lawyer near me - Immigration Lawyer Ömer Cimcak