Law on Foreigners and International Protection

(1) The purpose of this Law is to regulate the procedures and principles (…) concerning the entry of foreigners into Türkiye, their stay in Türkiye and their exit from Türkiye, as well as the scope and implementation of the protection to be provided to foreigners who seek protection from Türkiye.

(1) This Law covers the affairs and transactions relating to foreigners; the international protection to be provided upon the individual requests for protection made by foreigners at the borders, at border gates or within Türkiye; and the temporary protection to be provided on an emergency basis to foreigners who cannot return to the country they were forced to leave and who have arrived in Türkiye en masse (…).

(2) In the implementation of this Law, the provisions of international agreements to which Türkiye is a party and of special laws are reserved.

(1) In the implementation of this Law, the following terms:

a) Family members: the spouse, the minor child and the dependent adult child of the applicant or of the international protection beneficiary,

b) European countries: the member states of the Council of Europe and other countries to be determined by the President of the Republic,

c) Minister: the Minister of Interior,

ç) Ministry: the Ministry of Interior,

d) Applicant: a person who has made a request for international protection and in respect of whose application a final decision has not yet been taken,

e) Child: a person who has not yet completed the age of eighteen and has not attained majority,

f) Sponsor: a Turkish citizen or a foreigner legally present in Türkiye who undertakes the expenses of foreigners coming to Türkiye for the purpose of family unity and who is shown as the basis of the application by those requesting a residence permit,

g) Director General: the Director General of Migration Management,

ğ) Directorate General: the Directorate General of Migration Management,

h) Entry and exit control: the control procedures at border gates,

ı) Migration: regular migration, meaning the entry of foreigners into Türkiye, their stay in Türkiye and their exit from Türkiye through legal means; irregular migration, meaning the entry of foreigners into Türkiye, their stay in Türkiye, their exit from Türkiye and their work in Türkiye without permission through illegal means; and international protection,

i) Residence address: the place registered in the address registration system in Türkiye,

j) Residence permit: the permit document issued for staying in Türkiye,

k) Consulate: the consulates general, consulates or consular sections of embassies of the Republic of Türkiye,

l) Person with special needs: among applicants and international protection beneficiaries, an unaccompanied child, a disabled person, an elderly person, a pregnant woman, a single mother or father with an accompanying child, or a person who has been subjected to torture, sexual assault or other serious psychological, physical or sexual violence,

m) Unaccompanied child: a child who arrives in Türkiye without being accompanied by an adult responsible for him or her by law or by custom, or who is left unaccompanied after entering Türkiye, for as long as he or she is not taken into the effective care of a responsible person,

n) Travel document: a document substituting for a passport,

o) Border gate: a border crossing point designated by Presidential decision for entry into and exit from Türkiye,

ö) Final decision: among the decisions relating to the application of an applicant or the status of an international protection beneficiary, the decision taken by the Directorate General where no administrative appeal has been lodged and no recourse to judicial review has been made, or, where recourse to judicial review has been made, the decision which is no longer open to appeal,

p) Convention: the Convention Relating to the Status of Refugees dated 28/7/1951, as amended by the 1967 Protocol Relating to the Status of Refugees,

r) International protection: refugee, conditional refugee or subsidiary protection status,

s) Country of citizenship: the country of which the foreigner is a citizen or, where the foreigner holds more than one citizenship, each of the countries of which he or she is a citizen,

ş) Stateless person: a person who is not bound to any state by a bond of citizenship and who is deemed a foreigner,

t) Visa: a permit granting the right to stay in Türkiye for up to a maximum of ninety days or allowing transit passage,

u) Visa exemption: an arrangement removing the requirement to obtain a visa,

ü) Foreigner: a person who does not have a bond of citizenship with the State of the Republic of Türkiye,

v) Foreigner identification number: the identification number assigned to foreigners pursuant to the Population Services Law No. 5490 dated 25/4/2006,

y) Added: 28/7/2016, Law No. 6735, Art. 27 Authorized intermediary institution: an institution or organization whose qualifications and scope of duties are determined by regulation and which is authorized by the Directorate General,

z) Added: 15/8/2017, Decree-Law No. 694, Art. 169; adopted without amendment: 1/2/2018, Law No. 7078, Art. 163 Inadmissible passenger: a person who arrives at border gates in order to enter the country or to transit through the country but who is not permitted to enter or transit through the country because he or she does not meet the conditions required by the legislation,

aa) Added: 15/8/2017, Decree-Law No. 694, Art. 169; adopted without amendment: 1/2/2018, Law No. 7078, Art. 163 Carrier: the natural or legal person owners of land, air, sea and railway vehicles carrying passengers of foreign nationality, or commercial land, air, sea and railway operators,

shall have the meanings assigned to them above.

(1) No one within the scope of this Law shall be sent to a place where he or she would be subjected to torture, inhuman or degrading punishment or treatment, or where his or her life or freedom would be under threat on account of his or her race, religion, nationality, membership of a particular social group or political opinion.

(1) Entry into and exit from Türkiye shall be made through border gates with a valid passport or documents substituting for a passport.

(1) A foreigner shall be obliged to show his or her passport or document or documents substituting for a passport to the officials upon entry into and exit from Türkiye.

(2) Document checks relating to border crossings may also be carried out on vehicles while in transit.

(3) Foreigners using the transit areas of airports may be subjected to control by the competent authorities.

(4) Upon entry into Türkiye, it shall be checked whether the foreigner falls within the scope of Article 7.

(5) In the implementation of this Article, persons deemed to require a comprehensive check may be held for a maximum of four hours. Within this period, the foreigner may return to his or her country at any time, or may wait for the conclusion of the procedures relating to admission into the country without being limited to the four-hour period. The procedures and principles relating to comprehensive check procedures shall be regulated by regulation.

(1) The following foreigners shall be considered inadmissible passengers and shall be refused entry into Türkiye and turned back:

a) Those who do not have a passport, a document substituting for a passport, a visa, or a residence or work permit, and those whose such documents or permits are found to have been obtained by fraudulent means or to be forged

b) Those who do not have a passport or a document substituting for a passport valid for at least sixty days beyond the expiry of the visa, the visa exemption or the residence permit

c) Without prejudice to paragraph 2 of Article 15, the foreigners listed in paragraph 1 of Article 15, even if they fall within the scope of visa exemption

(2) The actions taken in relation to this Article shall be notified to the foreigners who are turned back. The notification shall also include how the foreigners may effectively exercise their right to appeal against the decision and their other legal rights and obligations in this process.

(3) Added: 6/12/2019, Law No. 7196, Art. 70 Foreigners within the scope of this Article shall be held in areas designated for them at border gates until their procedures are concluded.

(1) The conditions set out in Articles 5, 6 and 7 shall not be interpreted or applied in a manner that prevents making an application for international protection.

(1) The Directorate General may, where necessary after obtaining the opinions of the relevant public institutions and organizations, ban the entry into the country of foreigners whose entry into Türkiye is deemed objectionable for reasons of public order, public security or public health.

(2) The entry into Türkiye of foreigners deported from Türkiye shall be banned by the Directorate General or by the governorships.

(3) The duration of the entry ban to Türkiye shall be a maximum of five years. However, where there is a serious threat to public order or public security, this period may be extended by the Directorate General by a maximum of ten more years.

(4) Amended: 6/12/2019, Law No. 7196, Art. 71 An entry ban to Türkiye may not be imposed on foreigners whose visa or residence permit has expired and who, before this situation is detected by the competent authorities, apply to the governorships in order to leave Türkiye and in respect of whom a deportation decision is taken, provided that they have paid their administrative fines and have not exceeded the violation periods determined by the Ministry.

(5) An entry ban may not be imposed on those who, having been invited to leave Türkiye pursuant to Article 56, leave the country within the given period.

(6) The Directorate General may lift the entry ban or, without prejudice to the entry ban, may permit the foreigner to enter Türkiye for a specified period.

(7) Amended: 6/12/2019, Law No. 7196, Art. 71 The admission of foreigners into the country may be made subject to a prior permission requirement by the Directorate General for reasons of public order, public security or public health, and by the governorships on account of administrative fines and public receivables.

(8) Added: 6/12/2019, Law No. 7196, Art. 71 The procedures and principles relating to the implementation of this Article shall be determined by the Ministry.

(1) Notification of the entry ban shall be made, to foreigners falling within the scope of paragraph 1 of Article 9, by the competent authority at the border gates when they arrive to enter Türkiye, and to foreigners falling within the scope of paragraph 2 of Article 9, by the governorships. The notification shall also include how the foreigners may effectively exercise their right to appeal against the decision and their other legal rights and obligations in this process.

(1) Foreigners who will stay in Türkiye for up to ninety days shall come after obtaining a visa, which also states the purpose of their visit, from the consulates in the country of which they are citizens or in which they are legally present. The duration of stay in Türkiye granted by a visa or visa exemption shall not exceed ninety days within every one hundred and eighty days.

(2) In order for visa applications to be taken into consideration, the applications must be made in accordance with the procedure.

(3) Visas shall not confer an absolute right of entry into Türkiye.

(4) Visas shall be issued by consulates and, in exceptional cases, by the governorships to which the border gates are attached. Applications made to consulates shall be concluded within ninety days.

(5) Visas may be issued ex officio to diplomats of foreign countries by the embassies of the Republic of Türkiye. These visas shall be notified forthwith to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa issuance procedure. These visas shall not be subject to fees.

(6) Visas may exceptionally be issued ex officio by ambassadors of the Republic of Türkiye to foreigners to whom the issuance of a visa is deemed beneficial in view of the interests of the country. Visas issued for this purpose shall be notified forthwith to the Ministry and the Ministry of Foreign Affairs in accordance with the general visa issuance procedure. These visas shall not be subject to fees.

(7) The procedures and principles relating to visa types and visa procedures shall be regulated by regulation.

(1) A visa shall not be required upon entry into Türkiye for the following foreigners:

a) Citizens of countries exempted from visas by agreements to which the Republic of Türkiye is a party or by Presidential decision

b) Those who hold a valid residence or work permit as of the date of their entry into Türkiye

c) Holders of stamped passports reserved for foreigners issued pursuant to Article 18 of the Passport Law No. 5682 dated 15/7/1950 that have not lost their validity

ç) Those found to fall within the scope of Article 28 of the Turkish Citizenship Law No. 5901 dated 29/5/2009

(2) A visa may not be required upon entry into Türkiye for the following foreigners:

a) Persons who will disembark in the port city from among the foreigners on vehicles compelled by force majeure to use Turkish airports and seaports

b) Persons who arrive at seaports and will tour the port city or neighbouring provinces for tourism purposes, provided that this does not exceed seventy-two hours

(1) A visa may exceptionally be issued at border gates to foreigners who arrive at border gates without a visa, provided that they document that they will leave Türkiye within the allowed period.

(2) Border visas shall be issued by the governorships to which the border gates are attached. The governorship may delegate this authority to the law enforcement unit on duty at the border. Unless a different period is determined by the President of the Republic, this visa shall grant the right to stay in Türkiye for a maximum of fifteen days.

(3) In issuing a border visa, the requirement of health insurance may be waived on humanitarian grounds.

(1) An airport transit visa requirement may be imposed on foreigners who will transit through Türkiye. Airport transit visas shall be issued by consulates for use within a maximum of six months.

(2) The foreigners from whom an airport transit visa will be required shall be determined jointly by the Ministry and the Ministry of Foreign Affairs.

(1) Visas shall not be issued to the following foreigners:

a) Those who do not have a passport or a document substituting for a passport valid for at least sixty days longer than the duration of the visa they request

b) Those who are banned from entering Türkiye

c) Those deemed objectionable for reasons of public order or public security

ç) Those carrying one of the diseases qualified as a threat to public health

d) Those who are accused or convicted of an offence or offences constituting the basis for extradition pursuant to agreements to which the Republic of Türkiye is a party

e) Those who do not have valid health insurance covering the duration of their stay

f) Those who cannot justify the purpose of their entry into, transit through or stay in Türkiye on legitimate grounds

g) Those who do not have sufficient and regular financial means for the duration of their stay

ğ) Those who do not agree to pay receivables arising from a visa violation or from a previous residence permit, or receivables that must be pursued and collected pursuant to the Law on the Procedure for the Collection of Public Receivables No. 6183 dated 21/7/1953, or who do not agree to pay their debts and fines pursued pursuant to the Turkish Penal Code No. 5237 dated 26/9/2004

(2) A visa may be issued, with the approval of the Minister, to those whose issuance of a visa is deemed beneficial despite falling within the scope of this Article.

(1) Visas shall, in the following cases:

a) Where it is established that the visa is the subject of forgery,

b) Where it is found that erasures, scratches or alterations have been made on it,

c) Where the visa holder is banned from entering Türkiye,

ç) Where there is strong suspicion that the foreigner may commit an offence,

d) Where the passport or the document substituting for a passport is forged or has expired,

e) Where the visa or visa exemption is used for purposes other than its intended purpose,

f) Where it is found that the conditions or documents on which the issuance of the visa was based are not valid,

be cancelled by the authorities that issued the visa or by the governorships.

(2) Where a deportation decision is taken in respect of the foreigner within the validity period of the visa, the visa shall be cancelled.

(1) Actions relating to the refusal of a visa request or the cancellation of a visa shall be notified to the person concerned.

(1) The President of the Republic shall be authorized:

a) To conclude agreements on determining the procedures relating to passports and visas and, where deemed necessary, to unilaterally lift the visa requirement for the citizens of certain states, to introduce visa facilitation including the exemption of visas from fees, and to determine visa durations,

b) In a state of war or other states of emergency, to impose records and conditions relating to passports for foreigners covering a region or the whole of the country,

c) To take any measures making the entry of foreigners into Türkiye subject to certain conditions or restricting such entry,

in respect of the matters listed above.

(1) Foreigners who will stay in Türkiye longer than the period granted by a visa or visa exemption, or longer than ninety days, shall be obliged to obtain a residence permit. A residence permit shall become invalid if it is not started to be used within six months.

(1) The following foreigners shall be exempted from a residence permit:

a) Those who come with a visa or visa-free for up to ninety days, for the duration of the visa or the visa exemption

b) Holders of a Stateless Person Identity Document

c) Diplomatic and consular officers serving in Türkiye

ç) Members of the families of diplomatic and consular officers serving in Türkiye who are notified by the Ministry of Foreign Affairs

d) Those working in the representations of international organizations in Türkiye whose status is determined by agreements

e) Those exempted from a residence permit by agreements to which the Republic of Türkiye is a party.

f) Those falling within the scope of Article 28 of Law No. 5901

g) Holders of documents within the scope of paragraph 1 of Articles 76 and 83

(2) The foreigners specified in subparagraphs (c), (ç), (d) and (e) of paragraph 1 shall be issued a document whose form and content are determined jointly by the Ministry and the Ministry of Foreign Affairs. If these foreigners will continue to stay in Türkiye after the circumstances providing exemption from a residence permit have ended, they shall be obliged to apply to the governorships to obtain a residence permit within ten days at the latest.

(1) An application for a residence permit shall be made to the consulates in the country of which the foreigner is a citizen or in which he or she is legally present.

(2) Foreigners who will apply for a residence permit shall be required to hold a passport or a document substituting for a passport valid for sixty days longer than the duration of the residence permit they request.

(3) If the information and documents required for the application are incomplete, the assessment of the application may be postponed until the deficiencies are remedied. The missing information and documents shall be notified to the person concerned.

(4) Consulates shall forward residence permit applications, together with their opinions, to the Directorate General. The Directorate General, after concluding the applications by also obtaining the opinions of the relevant institutions where it deems necessary, shall inform the consulate for the issuance of the residence permit or the rejection of the application.

(5) Applications shall be concluded within ninety days at the latest.

(6) Actions relating to the rejection of a residence permit application shall be notified to the person concerned.

(7) Added: 28/7/2016, Law No. 6735, Art. 27 Amended: 6/12/2019, Law No. 7196, Art. 72 Residence permit applications may also be made by an authorized intermediary institution. In cases deemed necessary by the Ministry of Interior, authorized intermediary institutions that will provide residence permit intermediary services in residence permit applications may be assigned (…), by contracts valid for a maximum of three years and provided that the residence permit intermediary service fee (…) is transferred to the general budget. Third and fourth sentences annulled by Constitutional Court decision of 25/1/2023, E. 2020/30, K. 2023/12. (…) is authorized to record the share to be collected as special revenue in the general budget and to allocate special appropriations to the relevant items of the ministry budget.

(1) Residence permit applications may exceptionally also be made to the governorships in the following cases:

a) Upon decisions or requests of judicial or administrative authorities

b) Where it is not reasonable or possible for the foreigner to leave Türkiye

c) For long-term residence permits

ç) For student residence permits

d) For humanitarian residence permits

e) For residence permits for victims of human trafficking

f) For transitions from a family residence permit to a short-term residence permit

g) For applications to be made by a mother or father holding a residence permit in Türkiye for their children born in Türkiye

ğ) For applications to be made to obtain a residence permit appropriate to the new purpose of stay owing to the termination of or change in the grounds on which the valid residence permit was issued

h) For residence permit applications to be made within the scope of paragraph 2 of Article 20

ı) For transitions to a short-term residence permit by those who have completed their higher education in Türkiye

(1) Residence permits shall be issued for a period sixty days shorter than the validity period of the passport or the documents substituting for a passport, shall be tied to the purpose of stay, and shall be issued separately for each foreigner.

(2) The form and content of the residence permit shall be determined by the Ministry, and the form and content of the work permit substituting for a residence permit shall be determined jointly by the Ministry and the relevant institutions.

(1) Residence permits may be extended by governorships.

(2) Applications for extension shall be made to governorships starting from sixty days before the expiry of the residence permit and, in any event, before the residence permit expires. Those who apply for extension of their residence permit shall be issued a document that is not subject to fees. Such foreigners may reside in Türkiye with this document until a decision is made concerning them, even if their residence permit has expired.

(3) Extended residence permits shall commence from the expiry date of the lawful permit period.

(4) Applications for extension shall be finalised by governorships.

(1) The refusal of an application for a residence permit made from within Türkiye, the non-extension or cancellation of a residence permit, and the service of such decisions shall be carried out by governorships. During these procedures, matters such as the foreigner's family ties in Türkiye, duration of residence, situation in the country of origin and the best interests of the child shall be taken into consideration, and the decision concerning the residence permit may be postponed.

(2) The refusal of an application for a residence permit, or the non-extension or cancellation of the permit, shall be served on the foreigner, or on his or her legal representative or lawyer. The notification shall also state how the foreigner may effectively exercise his or her rights to appeal against the decision and his or her other legal rights and obligations in this process.

(1) For foreigners held in penal institutions as detainees or convicts, or in removal centres under administrative detention, the periods spent there shall not be deemed a violation of the residence permit period. The residence permits of such persons, if any, may be cancelled. Those among them who do not have a foreigner identification number may be given a foreigner identification number without the requirement of a residence permit.

(2) Foreigners who come to Türkiye having obtained a residence and work permit from consulates shall be obliged to register with the address registration system within twenty working days at the latest from the date of entry.

(1) A valid work permit and a Work Permit Exemption Confirmation Document issued pursuant to Article 10 of the Law No. 4817 on Work Permits of Foreigners dated 27/2/2003 shall be deemed a residence permit. Repealed second sentence: 28/7/2016, Law No. 6735, Art. 27

(2) In order for a work permit to be granted or extended, the foreigner shall be required not to fall within the scope of Article 7.

(1) In the implementation of the provisions of this Law, except for compulsory public service, education and health reasons, stays outside Türkiye exceeding a total of six months in one year or exceeding a total of one year within the last five years shall be deemed an interruption of residence. In the residence permit applications of persons whose residence has been interrupted, or in their transition to another residence permit, the previous permit periods shall not be taken into account.

(2) In calculating uninterrupted residence permit periods, half of the periods of student residence permits and the entirety of the periods of other residence permits shall be counted.

(1) Foreigners may apply for a residence permit appropriate to the new purpose of stay where the grounds on which the residence permit was granted cease to exist or where different grounds arise.

(2) The procedures and principles concerning transitions between residence permits shall be regulated by regulation.

(1) The types of residence permits are as follows:

a) Short-term residence permit

b) Family residence permit

c) Student residence permit

ç) Long-term residence permit

d) Humanitarian residence permit

e) Residence permit for victims of human trafficking

(1) A short-term residence permit may be granted to the following foreigners:

a) Those who will come for the purpose of scientific research

b) Those who own immovable property in Türkiye

c) Those who will establish business connections or a business

ç) Those who will participate in in-service training programmes

d) Those who will come for education or similar purposes within the framework of agreements to which the Republic of Türkiye is a party or student exchange programmes

e) Those who will stay for tourism purposes

f) Those who will receive medical treatment, provided that they do not carry any of the diseases deemed a threat to public health

g) Those who are required to stay in Türkiye upon the request or decision of judicial or administrative authorities

ğ) Those who transfer from a family residence permit to a short-term residence permit

h) Those who will attend Turkish language courses

ı) Those who will participate in education, research, internships and courses in Türkiye through public institutions

i) Those who have completed their higher education in Türkiye and apply within six months from the date of graduation

j) Added: 28/7/2016, Law No. 6735, Art. 27 Those who do not work in Türkiye but will make an investment within the scope and in the amount to be determined by the President of the Republic, as well as their foreign spouse and their own and their spouse's minor or dependent foreign children

k) Added: 28/7/2016, Law No. 6735, Art. 27 Citizens of the Turkish Republic of Northern Cyprus

(2) Amended: 28/7/2016, Law No. 6735, Art. 27 Except for subparagraphs (j) and (k) of paragraph 1, a short-term residence permit may be granted for periods of at most two years at a time.

(3) Residence permits granted under subparagraph (h) of paragraph 1 may be granted at most twice.

(4) Residence permits granted under subparagraph (i) of paragraph 1 may be granted only once, for a period of at most one year.

(5) Added: 28/7/2016, Law No. 6735, Art. 27 Residence permits granted under subparagraphs (j) and (k) of paragraph 1 may be granted for periods of at most five years each.

(6) Added: 21/11/2024, Law No. 7533, Art. 35 The nature and value of the immovable property on the basis of which a short-term residence permit is to be granted shall be determined by the Ministry.

(7) Added: 21/11/2024, Law No. 7533, Art. 35 In applications filed with the court by the foreigner or his or her legal representative or lawyer against decisions refusing an application for a short-term residence permit or cancelling a short-term residence permit, the case file shall be deemed complete upon submission of the defence or upon expiry of the time limit for submitting the defence. Where service cannot be effected at the address indicated by the claimant, the period provided for in paragraph 3 of Article 26 of the Administrative Procedure Law No. 2577 dated 6/1/1982 shall be applied as two months. Holding a hearing shall be at the discretion of the court.

(1) The following conditions shall be required for the granting of short-term residence permits:

a) Submitting an application on one or more of the grounds listed in paragraph 1 of Article 31 and presenting the information and documents relating to this application

b) Not falling within the scope of Article 7

c) Having accommodation conditions that comply with general health and safety standards

ç) Where requested, submitting a document showing the criminal record issued by the competent authorities of the country of which he or she is a citizen or in which he or she lawfully resides

d) Providing information on the address at which he or she will stay in Türkiye

(1) In the following cases, a short-term residence permit shall not be granted, shall be cancelled if granted, and shall not be extended upon expiry:

a) Failure to fulfil, or the cessation of, one or more of the conditions required in Article 32

b) Determination that the residence permit is being used for purposes other than those for which it was granted

c) Repealed: 28/7/2016, Law No. 6735, Art. 27

ç) Existence of a valid deportation decision or a ban on entry into Türkiye concerning the foreigner

(2) Added: 28/7/2016, Law No. 6735, Art. 27 The procedures and principles concerning the cancellation of the residence permit on account of the period spent abroad shall be regulated by regulation.

(1) A family residence permit may be granted, for periods not exceeding three years at a time, to the following persons of Turkish citizens, of persons falling within the scope of Article 28 of Law No. 5901, or of foreigners holding one of the residence permits, as well as of refugees and holders of subsidiary protection status:

a) Foreign spouse,

b) His or her own or his or her spouse's minor foreign child,

c) His or her own or his or her spouse's dependent foreign child,

However, the duration of the family residence permit may in no case exceed the duration of the sponsor's residence permit.

(2) In the case of marriage to more than one spouse under the law of the country of which the person is a citizen, a family residence permit shall be granted to only one of the spouses. However, a family residence permit may also be granted to the children from the other spouses.

(3) For the family residence permit of children, the consent of the mother or father who shares joint custody, if residing outside Türkiye, shall be required.

(4) Family residence permits confer the right to education in primary and secondary education institutions until the age of eighteen without obtaining a student residence permit.

(5) Those who have stayed in Türkiye with a family residence permit for at least three years and have reached the age of eighteen may, upon request, convert this permit into a short-term residence permit.

(6) In the event of divorce, a short-term residence permit may be granted to a foreigner married to a Turkish citizen, provided that he or she has stayed with a family residence permit for at least three years. However, if it is established by a relevant court decision that the foreign spouse has been a victim on grounds of domestic violence, the three-year period requirement shall not apply.

(7) In the event of the death of the sponsor, a short-term residence permit may be granted, without any period requirement, to those staying with a family residence permit dependent on that person.

(1) In applications for a family residence permit, the following conditions shall be required of the sponsor:

a) Having a monthly income of not less than one third of the minimum wage per family member, provided that the total income is not less than the minimum wage

b) Having accommodation conditions that comply with general health and safety standards appropriate to the size of the family, and having taken out health insurance covering all family members

c) Documenting with a criminal record that, as of the date of application, he or she has not been convicted of any offence against the family order within the last five years

ç) Having stayed in Türkiye with a residence permit for at least one year

d) Being registered in the address registration system

(2) Subparagraph (ç) of paragraph 1 shall not apply to those holding a residence permit for scientific research purposes or a work permit, to those falling within the scope of Article 28 of Law No. 5901, or to foreigners married to Turkish citizens.

(3) The following conditions shall be required of foreigners who will apply for a family residence permit in order to stay with the sponsor in Türkiye:

a) Presenting information and documents showing that he or she falls within the scope of paragraph 1 of Article 34

b) Demonstrating that he or she lives or intends to live together with the persons specified in paragraph 1 of Article 34

c) Not having concluded the marriage for the purpose of obtaining a family residence permit

ç) Each of the spouses having reached the age of eighteen

d) Not falling within the scope of Article 7

(4) The conditions specified in paragraph 1 of this Article may not be required for refugees and holders of subsidiary protection status present in Türkiye.

(1) In the following cases, a family residence permit shall not be granted, shall be cancelled if granted, and shall not be extended upon expiry:

a) Failure to meet, or the cessation of, the conditions required in paragraphs 1 and 3 of Article 35

b) Non-granting of a short-term residence permit after the conditions for obtaining a family residence permit have ceased to exist

c) Existence of a valid deportation decision or a ban on entry into Türkiye concerning the foreigner

ç) Determination that the family residence permit is being used for purposes other than those for which it was granted

d) Repealed: 28/7/2016, Law No. 6735, Art. 27

(2) Added: 28/7/2016, Law No. 6735, Art. 27 The procedures and principles concerning the cancellation of the residence permit on account of the period spent abroad shall be regulated by regulation.

(1) Before a family residence permit is granted or extended, if there is reasonable suspicion, governorships shall investigate whether the marriage was concluded solely for the purpose of obtaining a residence permit. If, as a result of the investigation, it is established that the marriage was concluded for this purpose, the family residence permit shall not be granted and, if granted, shall be cancelled.

(2) Governorships may also carry out inspections, after a family residence permit has been granted, as to whether the marriage is a marriage of convenience.

(3) Residence permits obtained through a marriage of convenience and subsequently cancelled shall not be taken into account in the aggregation of residence permit periods provided for in this Law.

(1) A student residence permit shall be granted to foreigners who will pursue associate, undergraduate, master's or doctoral studies at a higher education institution in Türkiye.

(2) Foreigners who will receive primary or secondary education and whose care and expenses are undertaken by a natural or legal person may, with the consent of their parents or legal representatives, be granted a student residence permit for periods of one year each for the duration of their education, and such permit may be extended.

(3) A student residence permit shall not confer on the student's mother and father or other relatives any right to obtain a residence permit.

(4) If the duration of education is less than one year, the duration of the student residence permit may not exceed the duration of education.

(5) Added: 28/7/2016, Law No. 6735, Art. 27 Foreigners who come through public institutions and organisations to pursue education in Türkiye may be granted a residence permit for the duration of their education.

(1) The following conditions shall be required for a student residence permit:

a) Presenting the information and documents within the scope of Article 38

b) Not falling within the scope of Article 7

c) Providing information on the address at which he or she will stay in Türkiye

(1) In the following cases, a student residence permit shall not be granted, shall be cancelled if granted, and its duration shall not be extended:

a) Failure to meet, or the cessation of, the conditions required in Article 39

b) Emergence of evidence that the education cannot be continued

c) Determination that the student residence permit is being used for purposes other than those for which it was granted

ç) Existence of a valid deportation decision or a ban on entry into Türkiye concerning the foreigner

(1) Associate, undergraduate, master's and doctoral students pursuing formal education in Türkiye may work provided that they obtain a work permit. However, for associate and undergraduate students, the right to work shall begin after the first year and shall be regulated by the relevant laws and Presidential decrees.

(2) The procedures and principles concerning the right to work of associate and undergraduate students shall be jointly regulated by the Ministry and the Ministry of Labour and Social Security.

(1) Foreigners who have stayed in Türkiye with a residence permit uninterruptedly for at least eight years, or who meet the conditions determined by the Ministry, shall be granted an indefinite residence permit by governorships with the approval of the Ministry.

(2) Holders of refugee, conditional refugee and subsidiary protection status, holders of humanitarian residence permits, and those granted temporary protection shall not be granted the right to transfer to a long-term residence permit.

(1) The following conditions shall be required for transfer to a long-term residence permit:

a) Having stayed in Türkiye with a residence permit uninterruptedly for at least eight years

b) Not having received social assistance within the last three years

c) Having a sufficient and regular source of income to support himself or herself and, if any, his or her family

ç) Having valid health insurance

d) Not posing a threat in terms of public order or public security

(2) For foreigners deemed eligible for a long-term residence permit because they meet the conditions determined by the Ministry, the conditions other than subparagraph (d) of paragraph 1 shall not be required.

(1) Foreigners holding a long-term residence permit shall, except for:

a) The obligation to perform military service,

b) The right to vote and to be elected,

c) Entry into public service,

ç) Importing vehicles with exemption,

and except for the provisions of special laws, benefit from the rights accorded to Turkish citizens, provided that their acquired rights relating to social security are reserved and that they are subject to the provisions of the relevant legislation in exercising these rights.

(2) The President of the Republic shall be authorised to impose partial or full restrictions on the rights set out in paragraph 1.

(1) Long-term residence permits shall, in the event that:

a) The foreigner poses a serious threat in terms of public order or public security,

b) The foreigner stays outside Türkiye uninterruptedly for more than one year for a reason other than health, education or compulsory public service in his or her country,

be cancelled.

(2) The procedures and principles concerning the applications to be made by foreigners whose long-term residence permit has been cancelled under subparagraph (b) of paragraph 1 in order to obtain this permit again, and the finalisation of such applications, shall be determined by regulation.

(1) In the following cases, a humanitarian residence permit may be granted, and such permits may be extended, by governorships with the approval of the Directorate General, without seeking the conditions for the granting of other residence permits and provided that it is limited to periods determined by the Ministry:

a) Where the best interests of the child are concerned

b) Where, despite a deportation decision or a ban on entry into Türkiye having been issued concerning them, foreigners cannot be made to exit Türkiye or their departure from Türkiye is not deemed reasonable or possible

c) Where no deportation decision is issued concerning the foreigner pursuant to Article 55

ç) Where judicial remedies are sought against the actions taken under Articles 53, 72 and 77

d) Throughout the proceedings for the return of the applicant to the first country of asylum or to a safe third country

e) Where foreigners who must be permitted to enter and stay in Türkiye due to urgent reasons, or for the protection of national interests and in terms of public order and public security, have no possibility of obtaining one of the other residence permits because of circumstances that prevent the granting of a residence permit

f) In extraordinary situations

(2) Foreigners who obtain a humanitarian residence permit shall be obliged to register with the address registration system within twenty working days at the latest from the date of issue of the permit.

(1) A humanitarian residence permit shall be cancelled and shall not be extended by governorships, subject to the approval of the Ministry, when the conditions requiring the granting of the permit cease to exist.

(1) Foreigners regarding whom there is strong suspicion that they are or may be victims of human trafficking shall be granted a residence permit valid for thirty days by governorships, in order to enable them to recover from the effects of their experience and to decide whether or not to cooperate with the authorities.

(2) The conditions for the granting of other residence permits shall not be required for these residence permits.

(1) A residence permit granted for the purpose of providing a recovery and reflection period may be extended for periods of at most six months each on account of the victim's safety, health or special circumstances. However, these periods may in no case exceed three years in total.

(2) The residence permits of foreigners regarding whom there is strong suspicion that they are or may be victims of human trafficking shall be cancelled where it is determined that they have, on their own initiative, re-established contact with the perpetrators of the offence.

(1) The determination of statelessness shall be made by the Directorate General. Stateless persons shall be issued a Stateless Person Identity Document, which confers the right to reside lawfully in Türkiye. Persons treated as stateless persons by other countries shall not benefit from this right.

(2) Stateless persons shall be obliged to obtain a Stateless Person Identity Document, and the document shall be issued by governorships upon the favourable opinion of the Directorate General. This document, which is not subject to any fee, shall replace a residence permit and shall be renewed by governorships every two years. The Stateless Person Identity Document shall also contain the foreigner identification number.

(3) Periods spent in Türkiye while holding a Stateless Person Identity Document shall be taken into account in the aggregation of residence periods.

(4) The Stateless Person Identity Document shall lose its validity upon the person's acquisition of the citizenship of any country.

(5) The procedures and principles concerning the determination of statelessness and the Stateless Person Identity Document shall be determined by regulation.

(1) Persons holding a Stateless Person Identity Document:

a) May apply to obtain one of the residence permits provided for in this Law,

b) Shall not be deported unless they pose a serious threat in terms of public order or public security,

c) Shall be exempt from the reciprocity requirement sought in procedures concerning foreigners,

ç) Shall be subject to the provisions of Law No. 4817 in matters and procedures relating to work permits,

d) May benefit from the provisions of Article 18 of Law No. 5682.

(1) Foreigners may be deported, by a deportation decision, to their country of origin, to a country of transit or to a third country.

(1) A removal decision shall be taken by governorships either upon the instruction of the Directorate General or ex officio.

(2) The decision, together with its reasons, shall be served on the foreigner in respect of whom the removal decision has been taken, or on his or her legal representative or lawyer. Where the foreigner in respect of whom the removal decision has been taken is not represented by a lawyer, the foreigner or his or her legal representative shall be informed of the outcome of the decision and of the procedures and time limits for appeal.

(3) Amended: 21/11/2024, Law No. 7533, Art. 36 The foreigner, or his or her legal representative or lawyer, may apply to the administrative court against the removal decision within seven days from the service of the decision. The person applying to the court shall also notify the authority that issued the removal decision of the application. In applications made to the court, the case file shall be deemed complete upon submission of the defence or upon expiry of the time limit for submitting the defence. Where service cannot be effected at the address indicated by the claimant, the time limit provided for in paragraph 3 of Article 26 of Law No. 2577 shall be applied as two months. Holding a hearing shall be at the discretion of the court. Applications shall be concluded within fifteen days from the completion of the case file or, in cases where an interim decision or a hearing is required, from the completion thereof. The decision rendered by the court on this matter shall be final. Without prejudice to the consent of the foreigner, the foreigner shall not be removed during the time limit for bringing an action or, where recourse to judicial remedies has been made, until the proceedings are concluded.

(1) A removal decision shall be taken in respect of the following foreigners:

a) Those who are deemed to require removal within the scope of Article 59 of Law No. 5237

b) Those who are leaders, members or supporters of a terrorist organisation or leaders, members or supporters of a criminal organisation established for gain

c) Those who use untrue information or forged documents in proceedings relating to entry into Türkiye, visas and residence permits

ç) Those who earn their living by illegitimate means during their stay in Türkiye

d) Those who pose a threat to public order, public security or public health

e) Those who have overstayed their visa or visa exemption period by more than ten days or whose visas have been cancelled

f) Those whose residence permits have been cancelled

g) Those who, while holding a residence permit, have overstayed the duration of their residence permit by more than ten days from its expiry without an acceptable reason

ğ) Those who are found to be working without a work permit

h) Those who violate, or attempt to violate, the provisions on legal entry into or legal exit from Türkiye

ı) Those who are found to have come to Türkiye despite an entry ban against them

i) Those whose application for international protection has been rejected, who have been excluded from international protection, whose application has been deemed inadmissible, who have withdrawn their application, whose application has been deemed withdrawn, or whose international protection status has ended or been cancelled, and who, after the final decision taken in respect of them, have no right to remain in Türkiye under the other provisions of this Law

j) Those whose applications for extension of their residence permit have been rejected and who do not exit Türkiye within ten days

k) Added: 3/10/2016, Decree-Law No. 676, Art. 36; adopted without amendment: 1/2/2018, Law No. 7070, Art. 31 Those who are deemed to be associated with terrorist organisations as defined by international institutions and organisations.

(2) Amended: 3/10/2016, Decree-Law No. 676, Art. 36; adopted without amendment: 1/2/2018, Law No. 7070, Art. 31 A removal decision may be taken at any stage of the international protection proceedings in respect of international protection applicants or international protection status holders who are deemed to fall within the scope of subparagraphs (b), (d) and (k) of paragraph 1 of this Article.

(1) Even if they fall within the scope of Article 54, a removal decision shall not be taken in respect of the following foreigners:

a) Those in respect of whom there are serious indications that they would be subjected to the death penalty, torture, or inhuman or degrading punishment or treatment in the country to which they would be removed

b) Those for whom travelling is considered risky due to serious health problems, age or pregnancy

c) Those who are receiving ongoing treatment for life-threatening illnesses and for whom treatment is not available in the country to which they would be removed

ç) Victims of human trafficking who are benefiting from the victim support process

d) Victims of psychological, physical or sexual violence, until their treatment is completed

(2) The assessments under paragraph 1 shall be made separately for each person. These persons may be required to reside at a specified address and to report in the form and at the intervals requested.

(1) Persons in respect of whom a removal decision has been taken shall be granted a period of not less than fifteen days and up to thirty days to leave Türkiye, provided that this is specified in the removal decision. However, this period shall not be granted to those who pose a risk of absconding or disappearing, those who violate the rules on legal entry or legal exit, those who use forged documents, those who attempt to obtain or are found to have obtained a residence permit with fraudulent documents, or those who pose a threat to public order, public security or public health.

(2) Persons granted a period to exit Türkiye shall be issued an Exit Permit Document. This document shall not be subject to any fee. Obligations relating to visa and residence fees and the penalties thereof are reserved.

(1) Where foreigners within the scope of Article 54 are apprehended by law enforcement, they shall be immediately reported to the governorship for a decision to be taken in respect of them. In respect of those among these persons who are deemed to require a removal decision, the removal decision shall be taken by the governorship. The period for assessment and decision shall not exceed forty-eight hours.

(2) Amended: 6/12/2019, Law No. 7196, Art. 77 Among those in respect of whom a removal decision has been taken, in respect of those who pose a risk of absconding or disappearing, who violate the rules on entry into or exit from Türkiye, who use forged or fraudulent documents, who do not leave Türkiye within the period granted for their exit without an acceptable excuse, or who pose a threat to public order, public security or public health, an administrative detention decision shall be taken by the governorship or alternative obligations to administrative detention shall be imposed pursuant to Article 57/A. Foreigners in respect of whom an administrative detention decision has been taken shall be taken to removal centres within forty-eight hours by the law enforcement unit that carried out the apprehension.

(3) The period of administrative detention in removal centres shall not exceed six months. However, where the removal proceedings cannot be completed because the foreigner fails to cooperate or fails to provide correct information or documents concerning his or her country, this period may be extended by a maximum of six further months.

(4) Amended: 6/12/2019, Law No. 7196, Art. 77 Whether there is a necessity for the continuation of administrative detention shall be assessed regularly every month by the governorship. Where deemed necessary, the thirty-day period need not be awaited. For foreigners in respect of whom continuation of administrative detention is not deemed necessary, administrative detention shall be terminated immediately. Alternative obligations to administrative detention shall be imposed on these foreigners pursuant to Article 57/A.

(5) The administrative detention decision, the extension of the period of administrative detention and the results of the regular monthly assessments shall be served, together with their reasons, on the foreigner or on his or her legal representative or lawyer. At the same time, where the person placed under administrative detention is not represented by a lawyer, the person or his or her legal representative shall be informed of the outcome of the decision and of the procedures and time limits for appeal.

(6) The person placed under administrative detention, or his or her legal representative or lawyer, may apply to the criminal judgeship of peace against the administrative detention decision. The application shall not suspend the administrative detention. Where the petition is submitted to the administration, it shall be immediately forwarded to the competent criminal judgeship of peace. The criminal judgeship of peace shall conclude its review within five days. The decision of the criminal judgeship of peace shall be final. The person placed under administrative detention, or his or her legal representative or lawyer, may apply again to the criminal judgeship of peace on the grounds that the conditions for administrative detention have ceased to exist or have changed.

(7) Among those who have recourse to judicial remedies against the administrative detention measure, those who are unable to afford attorney fees shall, upon request, be provided with legal services in accordance with the provisions of the Attorneyship Law No. 1136 of 19/3/1969.

(8) Added: 6/12/2019, Law No. 7196, Art. 77 Electronic and communication devices of foreigners placed under administrative detention may be examined for the purpose of determining their nationality. Data obtained as a result of the examination shall not be used for any purpose other than this.

Added: 6/12/2019, Law No. 7196, Art. 78

(1) The following alternative obligations to administrative detention may be imposed on the foreigners listed in paragraph 2 of Article 57 or on foreigners whose administrative detention has been terminated:

a) Residing at a specified address

b) Reporting

c) Family-based return

ç) Return counselling

d) Taking part, on a voluntary basis, in public-interest services

e) Security (guarantee)

f) Electronic monitoring

(2) Where one or more of the obligations in paragraph 1 are imposed on a foreigner, this period shall not exceed twenty-four months.

(3) It is mandatory to impose one or more of the obligations listed in paragraph 1 of this Article on foreigners who fall within the scope of paragraph 2 of Article 57 but are not placed under administrative detention.

(4) The fact that the foreigner has been made subject to alternative obligations to administrative detention shall be served, together with the reasons, on the foreigner or on his or her legal representative or lawyer. Where the foreigner on whom alternative obligations to administrative detention have been imposed is not represented by a lawyer, the foreigner or his or her legal representative shall be informed of the outcome of the decision and of the procedures and time limits for appeal.

(5) The foreigner made subject to the electronic monitoring obligation, or his or her legal representative or lawyer, may apply to the criminal judgeship of peace against this decision. The application shall not suspend the administrative obligation to which the foreigner is subject. The criminal judgeship of peace shall conclude its review within five days. The decision of the criminal judgeship of peace shall be final.

(6) Foreigners who fail to comply with alternative obligations to administrative detention may be placed under administrative detention.

(7) Where a security obligation has been imposed on the foreigner and the foreigner does not leave Türkiye within the security period, the security shall be recorded as revenue to the Treasury, without prejudice to cases of force majeure and cases where the court proceedings have not been concluded.

(8) The procedures and principles concerning the implementation of this Article shall be laid down by the Ministry.

(1) Foreigners placed under administrative detention shall be held in removal centres.

(2) Removal centres shall be operated by the Ministry. The Ministry may have these centres operated by concluding protocols with public institutions and organisations, the Turkish Red Crescent Society, or associations working for the public benefit that have expertise in the field of migration.

(3) The procedures and principles relating to the establishment, management, operation, transfer and inspection of removal centres and to the transfer to removal centres of foreigners held in administrative detention for the purpose of removal shall be laid down by regulation.

(1) In removal centres:

a) Emergency and basic health services, the cost of which cannot be covered by the foreigner, shall be provided free of charge,

b) The foreigner shall be given the opportunity to access and meet with his or her relatives, a notary, a legal representative and a lawyer, as well as to access telephone services,

c) The foreigner shall be given the opportunity to meet with visitors, consular officials of the country of which he or she is a national, and officials of the United Nations High Commissioner for Refugees,

ç) The best interests of the child shall be observed, and families shall be accommodated in separate quarters,

d) The Ministry of National Education shall take the necessary measures to enable children to benefit from education and training.

(2) Representatives of relevant non-governmental organisations with expertise in the field of migration may visit removal centres with the permission of the Directorate General.

(1) Foreigners in removal centres shall be taken to border gates by the law enforcement unit.

(2) Foreigners who are to be removed without the need to be referred to removal centres shall be taken to border gates by law enforcement units under the coordination of the provincial organisation of the Directorate General.

(3) Amended: 6/12/2019, Law No. 7196, Art. 80 The travel costs of foreigners to be removed shall be borne by themselves. The following provisions shall apply with regard to covering travel costs:

a) Where the foreigner's available money is sufficient to cover all of the removal travel costs, the removal travel costs shall be covered from the foreigner's available money and the remaining amount shall be left to him or her.

b) Where the foreigner has no money at all, all travel costs shall be covered by the Directorate General.

c) Where the foreigner's available money is not sufficient to cover all of the travel costs:

1) The travel costs shall be covered by the Directorate General, and, after leaving to the foreigner the portion of his or her available money equal to the amount sufficient to meet the basic needs of foreigners to be removed, as determined by the Directorate General at the beginning of each fiscal year, the remaining portion shall be recorded as revenue to the Treasury in return for the travel costs.

2) Where the foreigner's available money is below the amount sufficient to meet his or her basic needs, all travel costs shall be covered by the Directorate General and his or her available money shall be left to him or her.

ç) As long as the costs are not reimbursed, foreigners may be denied entry into Türkiye.

(4) The Directorate General may cooperate with international organisations, the authorities of the relevant countries and non-governmental organisations in relation to removal proceedings.

(5) The passports or other documents of foreigners may be retained until they are removed, and their tickets may be converted into cash for use in removal proceedings.

(6) Natural or legal persons shall be liable to pay the removal costs of foreigners whose stay or return they have guaranteed. With regard to the obligations of employers or employer's representatives who employ a foreigner without a permit concerning the removal proceedings of the foreigner, the provision of paragraph 3 of Article 21 of Law No. 4817 shall apply.

Added: 6/12/2019, Law No. 7196, Art. 81

(1) In-kind or cash support may be provided to irregular migrants in respect of whom a removal decision has been taken and who wish to return voluntarily to their country of origin, as deemed appropriate by the Directorate General.

(2) Activities relating to the voluntary return of irregular migrants may be carried out in cooperation with international organisations, public institutions and organisations, and non-governmental organisations.

(1) A foreigner who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion as a result of events occurring in European countries, is outside the country of his or her nationality and is unable or, owing to such fear, unwilling to avail himself or herself of the protection of that country, or a stateless person who, as a result of such events, is outside the country of his or her former habitual residence and is unable or, owing to such fear, unwilling to return to it, shall be granted refugee status following status determination proceedings.

(1) A foreigner who, owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion as a result of events occurring outside European countries, is outside the country of his or her nationality and is unable or, owing to such fear, unwilling to avail himself or herself of the protection of that country, or a stateless person who, as a result of such events, is outside the country of his or her former habitual residence and is unable or, owing to such fear, unwilling to return to it, shall be granted conditional refugee status following status determination proceedings. A conditional refugee shall be permitted to remain in Türkiye until he or she is resettled in a third country.

(1) A foreigner or stateless person who does not qualify as a refugee or conditional refugee but who, if returned to his or her country of origin or country of residence, would:

a) Be sentenced to death or face execution of the death penalty,

b) Be subjected to torture or inhuman or degrading punishment or treatment,

c) Face a serious threat to his or her person by reason of indiscriminate violence in situations of international or nationwide armed conflict,

and who, for these reasons, is unable or, owing to such threat, unwilling to avail himself or herself of the protection of his or her country of origin or country of residence, shall be granted subsidiary protection status following status determination proceedings.

(1) Where the applicant:

a) Is at present receiving protection or assistance from an organ or agency of the United Nations other than the United Nations High Commissioner for Refugees,

b) Is recognised by the competent authorities of the country in which he or she resides as having the rights and obligations attached to the possession of the nationality of that country,

c) Is the subject of serious reasons for considering that he or she is guilty of the acts set out in paragraph (F) of Article 1 of the Convention,

he or she shall be excluded from international protection.

(2) When protection or assistance for a person falling under subparagraph (a) of paragraph 1 has ceased for any reason, such persons may benefit from the protection afforded by this Law, provided that their position has not been definitively settled in accordance with the resolutions adopted by the United Nations General Assembly.

(3) Where there are reasons to consider that the applicant, before making an application for international protection, committed cruel acts outside Türkiye, whatever the motive, an assessment shall be made within the scope of subparagraph (c) of paragraph 1.

(4) A person who participates in, or instigates, the commission of the offences or acts set out in subparagraph (c) of paragraph 1 and in paragraph 3 shall be excluded from international protection.

(5) In addition to the situations in subparagraph (c) of paragraph 1 and in paragraphs 3 and 4, a foreigner or stateless person in respect of whom there are serious indications that he or she poses a danger to public order or public security, and a foreigner or stateless person who, while not falling within the scope of subparagraph (c) of paragraph 1, has previously committed an offence or offences that would require a sentence of imprisonment if committed in Türkiye and has left his or her country of origin or residence solely in order to avoid serving the sentence for that offence, shall be excluded from subsidiary protection.

(6) The exclusion of the applicant from international protection shall not require the exclusion of the applicant's family members, provided that none of the grounds for exclusion exists in respect of the other family members.

(1) Applications for international protection shall be made in person to governorships.

(2) Where applications are made to law enforcement units within the country or at border gates, these applications shall be immediately reported to the governorship. The proceedings relating to the application shall be conducted by the governorship.

(3) Every foreigner or stateless person may apply on his or her own behalf. An applicant may apply on behalf of family members whose applications are based on the same grounds and who have arrived together with him or her. In this case, the consent of adult family members to the application being made on their behalf shall be obtained.

(4) No criminal proceedings shall be taken against persons who, within a reasonable period, apply to governorships for international protection of their own accord for violating the conditions of legal entry into Türkiye or for being present in Türkiye unlawfully, provided that they explain valid reasons for their illegal entry or stay.

(5) International protection applications of persons whose liberty has been restricted shall be immediately reported to the governorship. The receipt and assessment of applications shall not prevent the conduct of other judicial and administrative proceedings or the application of measures and sanctions.

Amended: 6/12/2019, Law No. 7196, Art. 82

(1) The following provisions shall apply to unaccompanied children who apply for international protection:

a) In all proceedings relating to unaccompanied children, observing the best interests of the child shall be the fundamental principle. From the moment the application is received, the provisions of the Child Protection Law No. 5395 of 3/7/2005 shall apply to them.

b) Foreigners whose physical appearance does not appear consistent with their declared age shall undergo age determination at health institutions arranged by the Ministry, and those determined to be under eighteen years of age shall be handed over to the provincial directorates of the Ministry of Family, Labour and Social Services.

c) Taking into account the views of the unaccompanied child, the child shall be placed by the Ministry of Family, Labour and Social Services in suitable accommodation or with adult relatives or a foster family.

(1) Persons with special needs shall be given priority in the rights and procedures set out in this Part.

(2) Persons who have been subjected to torture, sexual assault or other serious psychological, physical or sexual violence shall be provided with adequate treatment opportunities to remedy the damage caused by such acts.

(1) Applicants shall not be placed under administrative detention solely for having made an application for international protection.

(2) The administrative detention of applicants is an exceptional measure. An applicant may be placed under administrative detention only in the following cases:

a) For the purpose of establishing his or her identity or nationality information, where there is serious doubt as to the accuracy of such information

b) For the purpose of preventing his or her entry into the country in breach of the rules at border gates

c) Where the elements forming the basis of the application could not be determined unless he or she is placed under administrative detention

ç) Where he or she poses a serious danger to public order or public security

(3) Whether administrative detention is necessary shall be assessed on an individual basis. In the cases specified in paragraph 2, before placement under administrative detention, it shall first be assessed whether the residence requirement and the reporting obligation specified in Article 71 would be sufficient. The governorship may determine other procedures instead of administrative detention. Where these measures are not sufficient, administrative detention shall be applied.

(4) The administrative detention decision, including the grounds for placement under administrative detention and the duration of detention, shall be served in writing on the person placed under administrative detention or on his or her legal representative or lawyer. Where the person placed under administrative detention is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures.

(5) The period of administrative detention of an applicant shall not exceed thirty days. The procedures concerning persons placed under administrative detention shall be completed in the shortest possible time. Administrative detention shall be terminated immediately where its conditions cease to exist.

(6) At any stage of administrative detention, the authority that took the decision may terminate the administrative detention and require compliance with the obligations specified in Article 71 or with other measures.

(7) The person placed under administrative detention or his or her legal representative or lawyer may apply to the criminal judgeship of peace against the administrative detention. The application shall not suspend the administrative detention. Where the petition is submitted to the administration, the petition shall be forwarded immediately to the competent criminal judgeship of peace. The criminal judgeship of peace shall conclude its examination within five days. The decision of the criminal judgeship of peace is final. The person placed under administrative detention or his or her legal representative or lawyer may apply again to the criminal judgeship of peace claiming that the conditions for administrative detention have ceased to exist or have changed.

(8) A person placed under administrative detention pursuant to paragraph 2 may receive visitors, in accordance with the procedures and principles to be determined by regulation. The person placed under administrative detention shall be given the opportunity to meet with his or her legal representative, a lawyer, a notary and officials of the United Nations High Commissioner for Refugees.

(1) Applications for international protection shall be registered by governorships.

(2) During registration, the applicant shall be obliged to declare his or her identity information accurately and to hand over to the competent authorities any documents proving his or her identity and any travel documents, if available. In order to ensure the fulfilment of this obligation, the applicant's person and belongings may be searched.

(3) Where there is no document concerning the applicant's identity at the time of registration, information obtained from the comparison of his or her personal data and from the investigations conducted shall be used to establish identity. Where no information on his or her identity can be obtained even as a result of the identity investigations, the applicant's statement shall be taken as the basis.

(4) During registration, information and documents shall be taken regarding the applicant's reasons for leaving the country of origin or residence, the events experienced after leaving his or her country that led to the application, the manner of entry into Türkiye, the routes travelled and information on the means of transport used and, if he or she has previously applied for or benefited from international protection in another country, information and documents relating to such application or protection.

(5) The time and place of the interview shall be notified during registration.

(6) An applicant who is assessed as likely to endanger public health shall be subjected to a health check.

(7) Repealed: 18/10/2018, Law No. 7148, Art. 35

(1) During registration, the applicant shall be informed of the procedures to be followed regarding his or her application, the rights and obligations during the assessment of the application, how to fulfil his or her obligations and the possible consequences that may arise if he or she fails to comply with these obligations or does not cooperate with the authorities, and the appeal procedures and time limits.

(2) Upon the applicant's request, interpretation services shall be provided during personal interviews at the application, registration and interview stages.

(1) Administrative obligations may be imposed on the applicant, such as the requirement to reside in the reception and accommodation centre designated for him or her, in a specific place or in a province, and to report in the manner and at the intervals required.

(2) The applicant shall be obliged to register with the address registration system and to notify his or her residential address to the governorship.

(1) Where the applicant:

a) has repeated the same application without putting forward a different ground,

b) after having consented to an application being made on his or her behalf, has made a separate application at any stage of the application without showing a justified reason, or after the rejection of the application without putting forward a different ground,

c) has come from a country falling within the scope of Article 73,

ç) has come from a country falling within the scope of Article 74,

a decision shall be taken that his or her application is inadmissible.

(2) Where the situations specified in paragraph 1 emerge at any stage of the assessment, the assessment shall be suspended.

(3) The decision that the application is inadmissible shall be served on the person concerned or on his or her legal representative or lawyer. Where the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures and time limits.

(1) Where it emerges that the applicant has come from a country in which he or she was previously recognised as a refugee and is still able to benefit from that protection, or in which he or she may still benefit from sufficient and effective protection including the principle of non-refoulement, the application shall be considered inadmissible and procedures shall be initiated for his or her removal to the first country of asylum. However, he or she shall be permitted to stay in the country until the removal procedure is carried out. This situation shall be notified to the person concerned. Where the person concerned is not admitted by the country characterised as the first country of asylum, the procedures relating to the application shall be continued.

(1) Where it emerges that the applicant has come from a safe third country in which he or she has made, or had the opportunity to make, an application for international protection which could result in protection in accordance with the Convention, the application shall be considered inadmissible and procedures shall be initiated for his or her removal to the safe third country. However, he or she shall be permitted to stay in the country until the removal procedure is carried out. This situation shall be notified to the person concerned. Where the person concerned is not admitted by the country characterised as a safe third country, the procedures relating to the application shall be continued.

(2) Countries meeting the following conditions shall be characterised as safe third countries:

a) Persons' life or liberty is not threatened on account of their race, religion, nationality, membership of a particular social group or political opinion

b) The principle of not returning persons to countries where they would be subjected to torture or inhuman or degrading punishment or treatment is applied

c) The person has the opportunity to request refugee status and, if recognised as a refugee, to obtain protection in accordance with the Convention

ç) There is no risk of the person suffering serious harm

(3) Whether a country is a safe third country for an applicant shall be assessed separately for each applicant, including the connections between that person and the country which would make it reasonable for the applicant to be sent to the third country concerned.

(1) In order to enable an effective and fair decision to be taken, an individual interview shall be conducted with the applicant within thirty days from the date of registration. Taking into account the confidentiality of the interview, the person shall be given the opportunity to express himself or herself in the best possible manner. However, in cases where the presence of family members is deemed necessary, the interview may be conducted together with the family members with the consent of the person. At the request of the applicant, his or her lawyer may attend the interview as an observer.

(2) The applicant shall be obliged to cooperate with the authorities and to submit all information and documents supporting the application for international protection.

(3) In interviews with persons with special needs, the particular circumstances of such persons shall be taken into consideration. A psychologist, child development specialist or social worker, or the child's parent or legal representative, may be present at the interview of a child.

(4) Where the interview cannot be conducted, a new interview date shall be set and served on the person concerned. There shall be at least ten days between interview dates.

(5) Where deemed necessary, additional interviews may be conducted with the applicant.

(6) Interviews may be recorded by audio or visual means. In such case, the person interviewed shall be informed. Minutes shall be drawn up at the end of each interview, and a copy shall be given to the person interviewed.

(1) An International Protection Applicant Identification Document, stating that the person has requested international protection and containing the foreigner identification number, shall be issued to the applicant whose registration procedures have been completed and to any accompanying family members. Amended sentence: 6/12/2019, Law No. 7196, Art. 83 The procedures and principles relating to the period of validity of the identification document and its extension shall be regulated by the Ministry.

(2) Repealed: 6/12/2019, Law No. 7196, Art. 83

(3) The form and content of the identification document shall be determined by the Directorate General.

(4) The identification document shall not be subject to any fee and shall serve in lieu of a residence permit.

(1) Where the applicant:

a) declares in writing that he or she withdraws the application,

b) fails to attend the interview three consecutive times without an excuse,

c) absconds from the place where he or she is held under administrative detention,

ç) without an excuse, fails to fulfil the reporting obligation three consecutive times, fails to go to the designated place of residence or leaves the place of residence without permission,

d) objects to the taking of his or her personal data,

e) fails to comply with his or her obligations during registration and interview,

the application shall be deemed withdrawn and the assessment shall be discontinued.

(1) Amended: 6/12/2019, Law No. 7196, Art. 84 Applications for international protection shall be concluded by the Directorate General within six months at the latest from the date of registration. Where a decision cannot be taken within this period, the applicant shall be informed. The Directorate General may delegate these powers to governorships.

(2) Decisions shall be taken on an individual basis. Without prejudice to paragraph 6 of Article 64, an application made on behalf of a family shall be assessed as a whole and the decision taken shall cover all family members.

(3) When deciding on an application, the current general conditions in the country of origin or the country of former residence and the personal circumstances of the applicant shall be taken into consideration.

(4) Where protection against persecution or the threat of serious harm can be provided to the applicant in a specific region of his or her country of nationality or country of former residence, and the applicant is in a position to travel safely to and settle in that region of the country, it may be decided that the applicant is not in need of international protection.

(5) The emergence of the situations in paragraph 4 shall not prevent the application from being subjected to a full examination.

(6) The decision shall be served on the person concerned or on his or her legal representative or lawyer. When serving a negative decision, the factual grounds and legal basis of the decision shall also be stated. Where the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures and time limits.

(1) Where the applicant:

a) has not addressed at all, when presenting his or her grounds at the time of application, any issues that would require international protection,

b) has misled the authorities by using false documents or misleading information and documents, or by not submitting information and documents that could adversely affect the decision,

c) has in bad faith destroyed or disposed of identity or travel documents in order to make it difficult to establish his or her identity or nationality,

ç) is under administrative detention pending deportation,

d) has applied solely for the purpose of delaying or preventing the enforcement of a decision that would lead to his or her removal from Türkiye,

e) poses a danger to public order or public security, or has previously been deported from Türkiye on such grounds,

f) has applied again after his or her application has been deemed withdrawn,

the application shall be assessed on an accelerated basis.

(2) An applicant whose application is assessed on an accelerated basis shall be interviewed within three days at the latest from the date of application. The application shall be concluded within five days at the latest after the interview.

(3) Among the applications assessed under this Article, those whose examination is understood to require a long time may be removed from accelerated assessment.

(4) Applications of unaccompanied children shall not be assessed on an accelerated basis.

(1) Where administrative appeal and judicial remedies are pursued against decisions taken under the provisions of this Part, the following provisions shall apply:

a) An appeal may be lodged with the International Protection Evaluation Commission by the person concerned or his or her legal representative or lawyer within ten days from the service of the decision. However, only judicial remedies may be pursued against decisions taken under Articles 68, 72 and 79.

b) The decision taken as a result of the administrative appeal shall be served on the person concerned or on his or her legal representative or lawyer. Where the decision is negative and the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures and time limits.

c) The Ministry may regulate the administrative appeal procedures against the decisions taken.

ç) Except for the judicial remedy provided for in Article 68, an application may be made to the competent administrative court by the person concerned or his or her legal representative or lawyer within fifteen days from the service of the decision against decisions taken within the framework of Articles 72 and 79, and within thirty days from the service of the decision against other administrative decisions and acts.

d) Applications made to the court within the framework of Articles 72 and 79 shall be concluded within fifteen days. The decision of the court on this matter is final.

e) The person concerned shall be permitted to stay in the country until the appeal or judicial proceedings are concluded.

(1) Applicants and persons holding international protection status may be represented by a lawyer in respect of the matters and procedures set out in this Part, provided that the fees are covered by themselves.

(2) An applicant or a person holding international protection status who is unable to afford lawyer's fees shall be provided with legal services, in his or her applications before the courts relating to matters and procedures within the scope of this Part, in accordance with the legal aid provisions of Law No. 1136.

(3) Applicants and persons holding international protection status may benefit from counselling services provided by non-governmental organisations.

(1) Conditional refugees and persons holding subsidiary protection status may be required by the Directorate General, on grounds of public order or public security, to reside in a specific province and to report in accordance with the specified intervals and procedures.

(2) Such persons shall be obliged to register with the address registration system and to notify their residential address to the governorship.

(1) Persons granted refugee, conditional refugee or subsidiary protection status shall be issued an identification document containing the foreigner identification number.

(2) Amended: 6/12/2019, Law No. 7196, Art. 85 The identification documents referred to in paragraph 1 shall not be subject to any fee and shall serve in lieu of a residence permit.

(3) Amended: 6/12/2019, Law No. 7196, Art. 85 The procedures and principles relating to the form, content and period of validity of the identification documents and their extension shall be regulated by the Ministry.

(1) Refugees shall be issued, by governorships, the travel document specified in the Convention.

(2) Requests for travel documents by conditional refugees and persons holding subsidiary protection status shall be assessed within the framework of Article 18 of Law No. 5682.

(1) Where a person holding international protection status:

a) has voluntarily re-availed himself or herself of the protection of the country of nationality,

b) has voluntarily re-acquired the nationality he or she had lost,

c) has acquired a new nationality and enjoys the protection of the country of his or her new nationality,

ç) has voluntarily re-established himself or herself in the country which he or she left or outside which he or she remained owing to fear of persecution,

d) can avail himself or herself of the protection of the country of nationality because the circumstances in connection with which the status was granted have ceased to exist,

e) being stateless, is able to return to the country of former habitual residence because the circumstances in connection with which the status was granted have ceased to exist,

f) Added: 6/12/2019, Law No. 7196, Art. 86 without prejudice to the provisions of Article 84, voluntarily leaves Türkiye, benefits from the protection of a third country, is admitted to a third country on humanitarian grounds or within the scope of resettlement, exits to a third country, or dies,

the international protection status shall cease.

(2) In examining subparagraphs (d) and (e) of paragraph 1, it shall be taken into consideration whether the circumstances which led to the granting of status have ceased to exist or have changed in a significant and permanent manner.

(3) The status shall also cease where the circumstances which led to the granting of subsidiary protection status have ceased to exist or have changed to such a degree that protection is no longer required. It shall be taken into consideration whether the changes in the circumstances requiring the granting of subsidiary protection status are significant and permanent.

(4) Where the conditions specified in paragraphs 1 and 3 arise, the status may be reassessed. After the person has been notified in writing that his or her status is being reassessed and of the reasons therefor, he or she shall be given the opportunity to submit, orally or in writing, his or her reasons why the status should continue.

(5) The cessation decision, containing its factual grounds and legal basis, shall be served on the person concerned or on his or her legal representative or lawyer. Where the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures and time limits.

(1) Among persons granted international protection status, the status of those:

a) who have caused the status to be granted by using false documents, fraud, deception or facts they did not declare,

b) who, after the granting of status, are found to have been subject to exclusion under Article 64,

shall be cancelled.

(2) The cancellation decision, containing its factual grounds and legal basis, shall be served on the person concerned or on his or her legal representative or lawyer. Where the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the appeal procedures and time limits.

(1) In-kind and cash assistance may be provided to applicants and persons holding international protection status who wish to return voluntarily.

(2) The Directorate General may carry out voluntary return activities in cooperation with international organisations, public institutions and organisations, and non-governmental organisations.

(1) Persons holding international protection status shall be exempt from the condition of reciprocity.

(2) The rights and benefits provided to applicants, to persons whose applications have been rejected or to persons holding international protection status shall not be interpreted so as to exceed the rights and benefits provided to Turkish citizens.

(1) Applicants or international protection status holders and their family members shall benefit from primary and secondary education services.

(2) Applicants or international protection status holders who are in need may be granted access to social assistance and services.

(3) As regards applicants or international protection status holders;

a) Amended: 6/12/2019, Law No. 7196, Art. 87 Those who have no health insurance coverage and lack the means to pay shall be subject to the provisions of the Social Insurance and General Health Insurance Law No. 5510 of 31/5/2006 for a period of one year from the registration of the international protection application. The one-year time limit shall not apply to persons with special needs and to those whose continued insurance registration is deemed appropriate by the Ministry. An appropriation shall be included in the budget of the Directorate General for the payment of the premiums of persons who will benefit from general health insurance. All or a certain proportion of the premium shall be claimed, according to their ability to pay, from those whose premiums are paid by the Directorate General. Foreigners whose applications are the subject of a negative decision by the administration shall be removed from the scope of general health insurance.

b) Those who are subsequently found to have health insurance coverage or the means to pay, or to have made the application solely for the purpose of receiving medical treatment, shall be notified to the Social Security Institution within ten days at the latest for the termination of their general health insurance coverage, and the treatment and medication expenses incurred shall be recovered from the persons concerned.

(4) With regard to access to the labour market;

a) An applicant or conditional refugee may apply for a work permit six months after the date of the international protection application.

b) A refugee or subsidiary protection status holder may work as an employee or on a self-employed basis from the date of obtaining status. The provisions of other legislation concerning jobs and professions in which foreigners may not work are reserved. The identity document to be issued to a refugee or subsidiary protection status holder shall also serve as a work permit, and this shall be written on the identity document.

c) The access of refugees and subsidiary protection status holders to the labour market may, where the situation in the labour market, developments in working life and the sectoral and economic conditions relating to employment so require, be restricted for a specified period with respect to the agriculture, industry or service sectors, a particular profession, line of business, or administrative and geographical area. However, these restrictions shall not apply to refugees and subsidiary protection status holders who have resided in Türkiye for three years, or who are married to a Turkish citizen, or who have a child who is a Turkish citizen.

ç) The procedures and principles concerning the employment of applicants or international protection status holders shall be determined by the Ministry of Labour and Social Security upon obtaining the opinion of the Ministry.

(5) Except for those listed in Articles 72 and 79, an allowance may be granted to an applicant found to be in need, within the framework of the procedures and principles to be determined by the Ministry upon obtaining the favourable opinion of the Ministry of Finance.

(1) In addition to the obligations set out in this Part, an applicant or international protection status holder:

a) to notify current information on his or her employment status within thirty days,

b) to notify his or her income and movable and immovable property within thirty days,

c) to notify changes of address, identity and civil status within twenty working days,

ç) where it is established that he or she has unjustly benefited from services, assistance and other facilities provided to him or her, to repay their value in whole or in part,

d) to fulfil the requests made of him or her by the Directorate General within the framework of this Part,

shall be obliged.

(2) Restrictions may be imposed, as regards benefiting from rights other than the rights to education and basic health, on those who fail to comply with the obligations set out in this Part and on those in respect of whose applications or international protection status a negative decision has been made. The assessment regarding the restriction shall be made on an individual basis. The decision shall be notified in writing to the person concerned or to his or her legal representative or lawyer. If the person concerned is not represented by a lawyer, he or she or his or her legal representative shall be informed of the outcome of the decision and of the procedures and time limits for objection.

(1) Temporary protection may be provided to foreigners who have been forced to leave their country, cannot return to the country they have left, and have arrived at or crossed our borders in masses seeking urgent and temporary protection.

(2) The admission of such persons into Türkiye, their stay in Türkiye, their rights and obligations, the procedures to be carried out upon their exit from Türkiye, the measures to be taken against mass movements, cooperation and coordination among national and international institutions and organisations, and the determination of the duties and powers of the institutions and organisations to take part at central and provincial level shall be regulated by a regulation to be issued by the President of the Republic.

(1) The Ministry may, in matters relating to the international protection procedures set out in this Part, cooperate with the United Nations High Commissioner for Refugees, the International Organization for Migration, other international organisations and non-governmental organisations within the framework of the Law No. 1173 of 5/5/1969 on the Conduct and Coordination of International Relations.

(2) Necessary cooperation shall be ensured with the United Nations High Commissioner for Refugees in the performance of its duty of supervising the application of the provisions of the Convention. The Ministry shall be authorised to determine the international protection, application, assessment and decision procedures within the framework of this Law and, for this purpose, to conclude protocols not having the nature of international agreements with the United Nations High Commissioner for Refugees upon obtaining the favourable opinion of the Ministry of Foreign Affairs.

(3) The United Nations High Commissioner for Refugees shall be provided with access to persons who have lodged an international protection application, including at border gates, and, subject to the consent of the applicant, with access to information concerning his or her application. The United Nations High Commissioner for Refugees may submit its opinions to the authorities at every stage of the application.

(1) When examining international protection applications, current information shall be collected from the sources of the United Nations High Commissioner for Refugees and other sources concerning the countries of origin, residence and transit, in order to be able to make effective and fair decisions and to establish the accuracy of the matters claimed by the applicant.

(2) The establishment of the country of origin information system, the collection and storage of information, the operation of the system and making it available for use by the relevant public institutions and organisations shall be carried out within the framework of the procedures and principles to be determined by the Directorate General.

(1) Confidentiality shall be the principle with regard to all information and documents of the applicant and the international protection status holder.

(2) However, the applicant and the international protection status holder, and his or her legal representative or lawyer, may examine the documents in the personal file of the applicant and the international protection status holder and obtain a copy of each. Documents relating to the protection of national security and public order and the prevention of the commission of offences may not be examined or provided.

(1) As a rule, the applicant or international protection status holder shall meet his or her own accommodation needs.

(2) The Directorate General may establish reception and accommodation centres in which the accommodation, food, health, social and other needs of applicants or international protection status holders are to be met.

(3) Priority shall be given at the centres to the accommodation of persons with special needs.

(4) Reception and accommodation centres shall be operated by governorships. The Directorate General may have the centres operated by concluding protocols with public institutions and organisations, the Turkish Red Crescent Society and associations working for the public benefit with expertise in the field of migration.

(5) Applicants or international protection status holders residing outside reception and accommodation centres, and their family members, may be allowed to benefit from the services at these centres.

(6) The services provided at reception and accommodation centres may also be carried out by way of procurement.

(7) The unity of families staying at the centres shall be preserved to the extent possible.

(8) Representatives of relevant non-governmental organisations with expertise in the field of migration may visit reception and accommodation centres with the permission of the Directorate General.

(9) The procedures and principles relating to the establishment, management and operation of reception and accommodation centres shall be regulated by a regulation.

(1) The Directorate General may, to the extent of the economic and financial means of the country, plan integration activities, also drawing on the proposals and contributions of public institutions and organisations, local administrations, non-governmental organisations, universities and international organisations, in order to facilitate the mutual integration of foreigners, applicants or international protection status holders with society in our country, and to equip them with knowledge and skills that will facilitate their ability to act independently, without the intermediation of third persons, in all areas of social life in our country, in the country to which they are resettled or in their own country upon return.

(2) Foreigners may attend courses in which the political structure, language, legal system, culture and history of the country, as well as their rights and obligations, are explained at a basic level.

(3) Introductory and informative activities on matters such as benefiting from public and private goods and services, access to education and economic activities, social and cultural communication and receiving basic health services shall be expanded by the Directorate General through courses, distance learning and similar systems, also in cooperation with public institutions and organisations and non-governmental organisations.

(1) Foreigners, applicants and international protection status holders may, on the grounds of:

a) the emergence of a need for examination concerning their entry into or stay in Türkiye,

b) the possibility of a removal decision being taken in respect of them,

c) the notification of procedures relating to the implementation of this Law,

be invited to the relevant governorship or to the Directorate General. Where the invitation is not complied with, or where there is serious doubt that it will not be complied with, foreigners may be brought by law enforcement without being invited. This procedure may not be applied as administrative detention, and the period for obtaining information may not exceed four hours.

(1) Carriers:

a) to take back to the country from which they came, or to a country where they will definitely be admitted, those foreigners whom they have brought to border gates for the purpose of entering or transiting through the country and whose entry into or transit through Türkiye is refused for any reason,

b) to ensure the outbound and return travel of escorts in cases where it is deemed necessary for the foreigner to be escorted,

c) to check the documents and permits of the persons they carry,

ç) Added: 15/8/2017, Decree Law No. 694, Art. 170; adopted without amendment: 1/2/2018, Law No. 7078, Art. 164 to take the necessary measures to prevent the carriage of inadmissible passengers,

d) Added: 15/8/2017, Decree Law No. 694, Art. 170; adopted without amendment: 1/2/2018, Law No. 7078, Art. 164 to cover the food, accommodation and emergency health expenses of inadmissible passengers until they are returned,

e) Added: 15/8/2017, Decree Law No. 694, Art. 170; adopted without amendment: 1/2/2018, Law No. 7078, Art. 164 to make the necessary notifications concerning inadmissible passengers,

shall be obliged.

(2) Amended: 3/10/2016, Decree Law No. 676, Art. 37; adopted without amendment: 1/2/2018, Law No. 7070, Art. 32 The Directorate General may request all passenger and crew information, before their departure, at the moment of departure and after their departure, from carriers bringing passengers to border gates, taking passengers from border gates and carrying passengers within Türkiye.

(3) The procedures and principles to be applied concerning the obligations set out in paragraphs 1 and 2 shall be determined by a regulation to be issued jointly by the Ministry and the Ministry of Transport, Maritime Affairs and Communications.

(1) Personal data relating to foreigners, applicants and international protection status holders shall be obtained, protected, stored and used by the Directorate General or governorships in accordance with the relevant legislation and the international agreements to which Türkiye is a party.

(1) Service of documents in relation to this Law shall be carried out in accordance with the provisions of the Notification Law (Tebligat Kanunu) No. 7201 of 11/2/1959.

(2) The procedures and principles relating to the implementation of this Article shall be regulated by a regulation, taking into account the fact that the person concerned is a foreigner and his or her special circumstances, if any.

(1) Where recourse is had to administrative jurisdiction in relation to the implementation of this Law and there is more than one administrative court in a locality, the administrative court in which these actions shall be heard shall be determined by the Council of Judges and Prosecutors.

(1) Unless a heavier penalty is required under other laws;

a) two thousand Turkish liras in respect of foreigners who, contrary to Article 5, illegally enter Türkiye or illegally leave Türkiye or attempt to do so,

b) one thousand Turkish liras in respect of those who have managed to enter Türkiye even though their entry into Türkiye has been banned under paragraphs 1 and 2 of Article 9,

c) one thousand Turkish liras in respect of those who do not leave Türkiye within the period granted under paragraph 1 of Article 56,

ç) one thousand Turkish liras in respect of those who escape during the procedures under Articles 57, 58, 60 and 68,

d) Added: 15/8/2017, Decree Law No. 694, Art. 171; adopted without amendment: 1/2/2018, Law No. 7078, Art. 165 from one thousand Turkish liras to ten thousand Turkish liras in respect of carriers that fail to comply with the obligations set out in paragraphs 1 and 2 of Article 98, provided that the act does not constitute an offence,

e) Added: 6/12/2019, Law No. 7196, Art. 88 one thousand Turkish liras on those who fail to comply with the obligations set out in subparagraphs (a), (b), (c), (ç), (d) and (f) of paragraph 1 of Article 57/A,

shall be imposed as an administrative fine.

(2) Added: 15/8/2017, Decree Law No. 694, Art. 171; adopted without amendment: 1/2/2018, Law No. 7078, Art. 165 An administrative fine of one thousand Turkish liras for each foreigner detected shall be imposed, for acts not separately defined as offences in laws, on persons who enable foreign individuals who do not hold a valid travel document, a foreigner identity card issued by the competent authorities of the Republic of Türkiye, a residence permit or a valid travel permit to enter the country, to be taken out of the country, to travel within the country by any vehicle or riding animal or on foot, to shelter or to stay, and on those who rent out real property under their ownership to them.

(3) Where misdemeanours for which an administrative fine is prescribed are repeated by natural persons within one calendar year, the fines shall be applied increased by one half.

(4) The imposition of the administrative fines in this Article shall not prevent the application of the other administrative measures provided for in the Law.

(5) The administrative fines in this Article shall be imposed by the governorship, the Directorate General or law enforcement units. Fines imposed shall be paid within thirty days from the date of notification.

(6) Added: 15/8/2017, Decree Law No. 694, Art. 171; adopted without amendment: 1/2/2018, Law No. 7078, Art. 165 An administrative fine of from five hundred Turkish liras to ten thousand Turkish liras may be imposed by the Directorate General or governorships on those who fail to comply with the obligations specified in the arrangements put into force by the Ministry within the scope of this Law.

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

CHAPTER THREE

Central, Provincial and Overseas Organisation,

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

(1) The procedures and principles relating to the implementation of this Law shall be determined by regulations to be issued.

Added: 2/7/2018, Decree Law No. 703, Art. 71 Amended together with its heading: 8/5/2025, Law No. 7547, Art. 20

(1) For the purpose of operating and managing the temporary accommodation centres within the scope of this Law, a temporary accommodation centres appropriation shall be allocated in the budget of the Presidency of Migration Management. From this resource, which shall be used by being recorded as an expense in the budget of the Presidency of Migration Management and transferred to a special account, transfers may also be made, in cases deemed appropriate by the Presidency of Migration Management, to the accounts of public institutions and organisations and local administrations. Public institutions and organisations and local administrations may also make transfers to the account of the Presidency of Migration Management to be used for the purposes stated above. Amounts transferred in this manner shall be monitored in special accounts without being recorded as revenue in the budgets of the relevant public institutions and organisations and local administrations. Expenditures to be made from this account, limited to meeting the needs of temporary accommodation centres, shall not be subject to the provisions of the Public Financial Management and Control Law No. 5018 of 10/12/2003 and the Public Procurement Law No. 4734 of 4/1/2002; the procedures and principles concerning the spending, accounting and auditing of these transferred amounts and concerning procurements shall be determined by the Presidency of Migration Management upon obtaining the favourable opinion of the Ministry of Treasury and Finance and the Presidency of Strategy and Budget.

(2) The Presidency of Migration Management may procure services while performing its duties determined under this Article.

(1) References made in other legislation to the Law No. 5683 of 15/7/1950 on the Residence and Travel of Foreigners in Türkiye shall be deemed to have been made to this Law. The expression “residence document” (ikamet tezkeresi) specific to foreigners appearing in other legislation shall be understood as the “residence permit” in this Law.

Repealed: 2/7/2018, Decree Law No. 703, Art. 71

(1) The Law No. 5683 of 15/7/1950 on the Residence and Travel of Foreigners in Türkiye, and Articles 4, 6, 7, 8, 9, 10, 11, 24, 25, 26, 28, 29, 32, 33, 35, 36 and 38 and Additional Article 5, paragraphs 1 and 2 of Article 5 and the second sentence of paragraph 1 of Article 34 of the Passport Law No. 5682 of 15/7/1950 have been repealed.

Added: 17/4/2017, Decree-Law No. 690, Art. 6; Adopted without amendment: 1/2/2018, Law No. 7077, Art. 5

(1) Vehicles used in the commission of the offence of migrant smuggling shall be seized in accordance with paragraph 4 of Article 128 of the Code of Criminal Procedure No. 5271 dated 4/12/2004.

(2) Where any of the following circumstances exists in respect of a vehicle seized under paragraph 1:

a) its being used again in the commission of the same offence while the investigation and prosecution are ongoing,

b) its not being registered in a register in Türkiye,

c) its being caught while carrying a significant number of migrants relative to the total number of passengers,

ç) its having special fittings that would facilitate the commission of the offence,

the seized vehicle shall not be returned to its owner. In this case, if the owner deposits with the Ministry of Finance, within thirty days from the date of seizure, security equal to the value of the vehicle, the vehicle shall be returned to its owner. Otherwise, the vehicle shall be liquidated forthwith by the Ministry of Finance without awaiting the outcome of the investigation and prosecution. Where the liquidation takes place by way of sale, the amount remaining from the proceeds of the sale after all expenses necessary for the safekeeping and sale of the vehicle have been covered shall be placed in an escrow account, to be dealt with according to the outcome of the prosecution.

(3) The value referred to in the application of paragraph 2 shall mean, for land vehicles, the comprehensive motor insurance (kasko) value; for maritime vessels, the value forming the basis of hull and machinery insurance; and for uninsured vehicles as well as air and railway vehicles, the market value.

Added: 21/11/2024, Law No. 7533, Art. 37

(1) The Migration Foundation (GÖÇ-VAK), established for the purpose of developing Türkiye's migration management and supporting short, medium and long-term migration policies, and whose foundation deed was announced in the Official Gazette No. 32578 dated 20/6/2024, shall be subject to the provisions concerning foundations falling within the scope of paragraph 2 of Article 1 of the Law No. 5072 dated 22/1/2004 on the Relations of Associations and Foundations with Public Institutions and Organisations.

(1) Files, written and electronic records and other documents, as well as information systems, electronic projects and databases, kept by the General Directorate of Security concerning matters falling within the field of duty of the Directorate General, shall be transferred gradually to the Directorate General and its relevant provincial units. A protocol concerning the transfer shall be concluded between the General Directorate of Security and the Directorate General within six months from the date of publication of this Article and shall enter into force upon the approval of the Minister.

(2) One year after the publication of this Law, the movable property of reception and accommodation centres and removal centres shall be deemed to have been transferred to the Directorate General, and immovable property shall be deemed to have been allocated to the Directorate General, without the need for any further procedure. Transactions carried out by reason of the transfer shall be exempt from fees, and the documents drawn up shall be exempt from stamp duty. The Minister shall be authorised to resolve any problems that may arise in the application of this Law in matters such as the transfer of movable property and the allocation of immovable property.

(3) The appropriation required for the expenditures of the Directorate General for the 2013 fiscal year shall be met in accordance with subparagraph (ç) of paragraph 1 of Article 6 of the 2013 Central Government Budget Law No. 6363 dated 20/12/2012. Until 31/12/2014, appointments may be made, without being subject to the restrictions in Law No. 6363, provided that they do not exceed fifty per cent of the positions created for the Directorate General of Migration Management.

(4) Until the date on which the provincial organisation of the Directorate General is completed in accordance with the principles set out in this Law, the duties and services being carried out shall continue to be performed by the units or personnel previously performing such duties and services. On the date on which the organisation in the relevant places is completed, the Directorate General may employ the personnel serving in the said units in accordance with Article 118, without being subject to the numerical limitation set out in paragraph 2 of that Article, for a period not exceeding three years from the date of transfer.

(5) The Directorate General may, for service in its central organisation, employ personnel who have served for at least two years in the Department of Foreigners, Borders and Asylum of the General Directorate of Security and in the relevant branches of the provincial directorates of security, in accordance with Article 118, without being subject to the numerical limitation set out in paragraph 2 of that Article, for a period of three years from the date of publication of this Article.

(6) Foreigners who apply in writing to governorships within one year from the date of entry into force of Part Two of this Law shall benefit from the rights granted to them in this Law in relation to residence permits.

(7) Persons who, before the date of entry into force of Part Three of this Law, were granted status pursuant to the Regulation on the Procedures and Principles to be Applied to Individual Foreigners Seeking Asylum in Türkiye or Requesting Residence Permits from Türkiye in order to Seek Asylum in Another Country, and to Foreigners Arriving at Our Borders in Groups for the Purpose of Seeking Asylum, and to Possible Population Movements, put into force by Council of Ministers Decision No. 94/6169 dated 14/9/1994, shall be dealt with according to their statuses specified in this Law, and the procedures of those who have applied shall be concluded in accordance with this Law. From the date of publication of this Law until the date of entry into force of Part Three, no residence permit fee shall be collected from persons granted status or persons who have applied pursuant to the said Regulation.

(8) Until the regulations concerning the implementation of this Law enter into force, the provisions of the existing regulations that are not contrary to this Law shall continue to be applied.

Added: 23/11/2022, Law No. 7422, Art. 14

(1) Among those who entered the profession in public administrations within the scope of the general and special budgets by taking a special competitive examination for the profession and who, after being subjected to a proficiency examination following a specific training programme, have served for at least five years in inspector, auditor, examiner and controller positions, including periods spent as assistants or trainees, those who succeed in a written and/or oral examination to be held may be appointed by transfer to auditor positions in the Presidency of Migration Management suitable to their situation within one year from the date of entry into force of this Article. The number of persons appointed in this manner may not exceed seven.

(2) The periods spent by persons appointed under this Article in assistant or trainee positions shall be deemed to have been spent in assistant auditor positions in the Presidency of Migration Management; and the periods spent in positions bearing the titles of inspector, auditor, examiner and controller shall be deemed to have been spent in auditor positions in the Presidency of Migration Management.

Added: 21/11/2024, Law No. 7533, Art. 38

(1) The amendments made to Articles 31 and 53 by the Law introducing this Article shall apply to actions filed after the date of entry into force of this Article.

(1) Of this Law:

a) Part Five, excluding Article 122, paragraphs 1, 2, 5 and 7 of Article 123 and Article 124, on the date of its publication,

b) the other provisions, one year after the date of its publication,

shall enter into force.

(1) The provisions of this Law shall be executed by the Council of Ministers.

SCHEDULE (I)

Repealed: 2/7/2018, Decree-Law No. 703, Art. 71