Introduction

This study has been compiled from analyses of judicial decisions concerning the residence permit, work permit, and citizenship application processes for foreigners in Turkey. Rather than providing a step-by-step guide on how to conduct the application processes, the examined decisions reveal the fundamental conditions sought in these processes, the administration’s authority, the reasons for rejection or annulment of applications, and critical points applicants should pay attention to. The report aims to illuminate the legal framework of application processes and the important elements in judicial review by bringing together this dispersed information.

The analysis of judicial decisions demonstrates that residence permit, work permit, and citizenship processes are closely interrelated, and particularly that a valid residence status is a fundamental prerequisite for all other applications.

1. Work Permit Applications

The decisions outline the basic framework for work permit application procedures. The place of application varies depending on whether the foreigner is in Turkey.

Place of Application: For foreigners residing outside of Turkey, the general rule is that applications “must be made to the Turkish Republic representations in their respective countries” Conversely, “foreigners with a valid residence permit in Turkey or their employers can apply directly to the Ministry” (uyusmazlik-Hukuk Bölümü-2008/155; danistay-10. Daire-2021/4351).

Post-Permit Process: The process is not considered complete for a foreigner who has obtained a work permit. As stated in a decision by the Constitutional Court, “Foreigners who obtain a work permit must apply for an entry visa within ninety days at the latest from the date they receive this document, and must apply to the Ministry of Interior for a residence permit within thirty days at the latest from the date they enter the country” (aym-2010/30-2012/7).

Nature of the Permit: In accordance with Article 27 of the Foreigners and International Protection Law No. 6458, a valid work permit is also considered a residence permit (danistay-10. Daire-2017/144).

Special Cases: Law No. 2527 exempts foreigners of Turkish descent from the “being a Turkish citizen” requirement for practicing professions normally reserved for Turkish citizens (danistay-10. Daire-2009/13017).

2. Residence Permit Applications

The residence permit forms the basis of foreigners’ legal stay in Turkey and is at the center of many cases. Decisions indicate the administration’s (especially Governorships’) broad authority regarding the rejection or cancellation of applications, but also that this authority is subject to legality review.

Competent Authority: Decisions emphasize the provision, “The rejection of a residence permit application made from within Turkey, the non-extension or cancellation of a residence permit, and the notification of these processes are carried out by the governorships” (danistay-10. Daire-2016/106).

Reasons for Refusal and Annulment: The reasons for refusal and annulment frequently encountered in judicial decisions are as follows:

Sham (Arranged) Marriage: Marriages determined to have been entered into for the purpose of obtaining a family residence permit lead to the refusal or annulment of the permit. However, it is emphasized that this determination “must be based on concrete information and documents” (Council of State – 10th Chamber – 2016/522).

False Declaration: Deceptive notifications, such as the address information provided during the application not reflecting the truth, are considered a lawful reason for the annulment of a residence permit (bim-Istanbul Regional Administrative Court 10th Administrative Litigation Chamber-2018/1755).

Misuse of Purpose: In particular, the conviction that a student residence permit is used “only to stay in Turkey and acquire Turkish citizenship” rather than for educational purposes, can lead to the refusal of the application (Council of State – 10th Chamber – 2016/711).

Public Order and Security: A foreigner being deemed objectionable in terms of public order can be a reason for not extending the residence permit (Council of State – 10th Chamber – 2015/113).

3. Turkish Citizenship Applications

The clearest finding revealed by the examined decisions is that possessing a valid and appropriate type of residence permit is an absolute necessity for Turkish citizenship applications.

Continuous Residence Requirement: In accordance with Article 11 of the Turkish Citizenship Law No. 5901, one of the fundamental conditions is “to have resided continuously in Turkey for five years backwards from the date of application” and “to confirm their decision to settle in Turkey through their actions” (Ankara Regional Administrative Court 10th Administrative Litigation Chamber-2017/600).

Valid Residence Permit Types: Not every type of residence is considered valid for citizenship applications. In a decision, with reference to a Ministry of Interior circular, it was stated that types such as work permit, short-term residence permit, family residence permit, and long-term residence permit are valid (Ankara Regional Administrative Court 10th Administrative Litigation Chamber-2017/600). In contrast, “that a temporary protection identity document does not substitute for a residence permit and does not grant the right to apply for Turkish citizenship” has been emphasized by the Constitutional Court (Constitutional Court- – -02.10.2024).

Citizenship through Marriage: From those applying this way and residing in Turkey, “the most recent residence permit” being requested is seen as a natural requirement intended to confirm the foreigner’s legal stay (Council of State-10th Chamber-2019/10218).

Citizenship by Investment: The Council of State’s decision clearly states that the minimum value required for a citizenship application through real estate acquisition varies according to the date the real estate was purchased: “for real estate purchased between 12/01/2017 and 18/09/2018… at least 1,000,000 US Dollars; for real estate purchased on or after 19/09/2018… at least 250,000 US Dollars is required” (Council of State – 10th Chamber – 2020/3336).

Review and Evaluation

The judicial decisions reviewed demonstrate that administrative processes concerning foreigners are subject to strict rules and conditions. Application processes are shaped less as a “right” and more as an “opportunity” contingent upon the complete fulfillment of conditions stipulated by law. When reviewing the administration’s discretionary power, courts focus on whether the action has a legal basis, whether procedural rules were followed, and whether the decision is based on concrete, objective justifications. Particularly noteworthy are decisions stating that, in applications deeply affecting private and family life, such as family residence permits and citizenship, the administration must substantiate its claims of collusion or violation of public order with concrete evidence.

Conclusion

This report, based on the analysis of judicial decisions, does not provide a direct procedural guide on how to apply for residence, work permits, and citizenship for foreigners; however, it outlines the legal requirements and potential obstacles crucial for the successful completion of these processes. The main findings are as follows:

The Central Role of the Residence Permit: A valid and appropriate residence permit is the cornerstone for legally residing, working, and ultimately applying for citizenship in Turkey.

Complete Fulfillment of Conditions: It is mandatory to fully meet the conditions specified in laws and regulations for applications (uninterrupted residence period, investment amount, valid health insurance, etc.).

Accurate and Honest Declaration: The information provided during the application (address, marital status, etc.) being true is of critical importance. False declarations can lead to the cancellation of even acquired rights.

Discretionary Power of the Administration and Judicial Review: Although the administration has broad discretionary power to reject applications, especially on grounds of public order and security, the exercise of this power is subject to judicial review and must be based on concrete reasons. A suggested article.

Why is Expert Lawyer Support Necessary?

In Turkey, residence permit, work permit, and citizenship applications for foreigners are legally quite technical and detailed processes. At each stage, different institutions become involved, deadlines and documents change, and even a small error can lead to the rejection of the application or the cancellation of an existing permit. Therefore, the support of an expert lawyer in the field of foreigners’ law is of great importance for the correct management of the process.

Especially for foreigners living in regions such as Istanbul, Tuzla, Gebze, Pendik, Tepeören, Aydınlı, Orhanlı, Mercan Neighborhood, Şifa Neighborhood, and Bayramoğlu, a lawyer who is familiar with local practices and administrative procedures ensures the complete execution of the application process. With legal assistance; the preparation of necessary documents, the correct selection of the application type, making a legal defense against possible grounds for refusal, and the processes of appealing to judicial authorities are professionally monitored.

An expert lawyer not only during the application stage but also in case of rejection or cancellation of the application, protects their client’s rights by making the necessary objections before judicial authorities. Therefore, to prevent both loss of time and rights, the safest way for foreigners is to proceed with professional legal assistance from the beginning of the process.