WHAT IS FOREIGNERS LAW?

In general, the branch of law that regulates the rights, obligations, status and legal status of foreign real persons in a foreign country is called Foreigners’ Law. In some international multilateral conventions, there is no difference in terms of protection mechanism. Everyone benefits from the same protection. However, there are such issues that some special arrangements are needed. It is precisely at this point that a unique branch of Foreigners’ Law develops for each country.
The Republic of Turkey, which is an independent state of law, has also finalised its Foreigners’ Law regulations. It should not be forgotten that the Law of Foreigners, which is in close relationship with other branches of law such as Public International Law and Administrative Law, is only applicable in times of peace. In times of war, it may not be possible to apply every regulation of the Law of Foreigners.

WHO IS A FOREIGNER?

In the 1892 Geneva meeting held in 1892, the concept of “foreigner”, which was defined as “a person who is in the territory of a state but has no right to claim the nationality of that state”, was defined as “an individual who is not a national of the country in which he is located” by the UN General Assembly in 1985. These generally accepted definitions may, of course, succumb to some alternative definitions. It should be noted that what is meant by the term nationality is the legal bond between the state and the individual. In any case, it is possible to classify persons according to their nationality. It is possible to categorise natural persons as nationals of foreign states, persons with multiple nationalities, stateless persons, asylum seekers, privileged foreigners and foreigners with special status.

GENERAL PRINCIPLES OF FOREIGNERS’ RIGHTS

First of all, it should be noted that there is no general rule and principle of law that a state applies the same provisions to its citizens and foreigners. At the same time, the obligation to ensure complete equality between foreigners and nationals is not in question and has not been accepted. In fact, no state is obliged to accept foreigners coming to its territory. However, the criterion to be applied here is the obligation to treat foreigners at the level of civilisation.
It is among the generally accepted principles that foreigners should be treated and accepted as legal persons, their dignity should be respected and they should be given the right to seek legal remedies when they need them. Of course, it is not possible to act contrary to the fundamental human rights criteria in the Universal Declaration of Human Rights. This is because these rights are recognised not for a nationality or region, but for all humanity. The relevant provisions are also included in the “Declaration on the Human Rights of Individuals who are not nationals of the country in which they live” 1985 and the “International Convention on the Elimination of All Forms of Racial Discrimination” 1969.

WHAT IS THE STATUS OF FOREIGNERS UNDER TURKISH LAW?

The Constitution of the Republic of Turkey recognises fundamental rights and freedoms for “everyone” without any distinction between foreigners and citizens. In addition, if any limitation is to be made, it is obliged to do so by law. Law No. 5901 on Turkish Citizenship is regulated in order to determine the procedures and principles regarding the execution of the works and procedures regarding the acquisition and loss of Turkish citizenship and covers the procedures regarding the regulation of the principles regarding the acquisition and loss of Turkish citizenship and the execution of citizenship services. The definition of foreigner in Turkish Law is “a person who has no citizenship ties with the Republic of Turkey”. Turkey is a party to many international conventions. Thus, it is in the position of a state that both feeds its own legal mechanism and guarantees the persons with foreign status.
In Turkey, a separate law regulating the rights of foreigners under the Law on Foreigners has not been enacted. Therefore, Foreigners’ Law is governed by the Constitution, Turkish Citizenship Law and related laws.
There are also privileged foreigners in Turkey with the status of “Foreigners of Turkish Descent”. These persons are granted additional privileges in terms of residence, labour, profession and art.

ACQUISITION OF CITIZENSHIP UNDER TURKISH LAW

In Turkish Law, it is possible to acquire citizenship afterwards. However, some conditions are stipulated by law. It should be noted immediately that the principle of legality prevails in the acquisition and loss of citizenship. In other words, all stages and procedures are carried out only in the forms and within the limits specified in the law. Any transaction and action that goes beyond the law, different from the one specified in the law, can be cancelled and is secured through the principle of legality.
The ways and procedures required for the acquisition of Turkish Citizenship are regulated in the Turkish Citizenship Law No. 5901. According to the Law, Turkish Citizenship can be acquired in 3 ways. These are: by the decision of the competent authority or by adoption or by exercising the right to vote. A foreigner who wishes to acquire Turkish citizenship may acquire Turkish citizenship by the decision of the competent authority if he/she meets the conditions specified in this Law. However, fulfilment of the conditions does not confer an absolute right to acquire Turkish citizenship. In other words, even if a person fulfils all the criteria, this does not mean that he/she can acquire citizenship. Special residence permits can be issued to foreign students, foreigners married to Turks, the spouse of a foreigner who has a residence permit in Turkey, foreigners coming for work purposes, foreigners coming for a short period of time for tourism purposes. The expired residence permit can be extended at most four times. In this case, a foreigner who obtains a residence permit for 5 years will be able to use the extension right for 20 years.
A foreigner who requests to acquire Turkish citizenship may stay outside Turkey for a total period not exceeding twelve months within the residence period required for the application. The periods spent outside Turkey shall be considered within the residence periods stipulated in this Law.
Pharmacy, private security, attorneyship, judgeship, prosecutor’s office, notary public, customs brokerage and optician are among the professions restricted to foreigners.

CAN FOREIGNERS BECOME ASSOCIATION MEMBERS?

If there is no provision in the statute of the association that foreigners cannot be a member and at the same time, if the association management does not reject foreign citizens’ membership to the association by making it a policy, foreigners who meet the conditions sought in the statute can also become members of the association.
CAN FOREIGNERS ESTABLISH AN ASSOCIATION
According to Article 93 of the Turkish Civil Code, foreign natural persons who have the right of residence in Turkey may establish or become a member of an association. According to this article, a foreigner must have a valid residence permit in Turkey in order to become a member of an association in Turkey. In addition, there is no legal obstacle for Turkish citizens living abroad and holding dual citizenship to establish or become a member of an association in Turkey.