Foreigners Law

Foreigners Law regulates the situations of individuals without citizenship ties regarding their presence, residence, and work in a country. This field covers both the fundamental rights and freedoms of individuals and the limits of state sovereignty within which the state can exercise its powers.

In modern legal systems, the authority of the state over individuals is limited by fundamental rights. However, these limitations generally apply to citizens. States have broader discretionary power over foreigners. Over time, this field has gained a universal dimension through international treaties, and states are required to align their practices with these agreements.

Rights and Restrictions of Foreigners

Foreigners hold fundamental rights guaranteed by international documents. However, some rights are granted only to citizens. For example:

• Political rights (voting and eligibility) are not granted to foreigners.
• Real estate acquisition is subject to different procedures compared to citizens.
• Residence permits, work permits, and citizenship applications are exclusive to foreigners.

These differences are based on the principle of domestic sovereignty, and each country determines its rules for foreigners according to its interests and public order.

Recognition and Enforcement Lawsuits

For a court decision made in a foreign country to be valid in Turkey, a recognition or enforcement lawsuit must be filed. A recognition decision means the foreign judgment is accepted as conclusive in Turkey; an enforcement decision means it gains enforceability in Turkey.

• Recognition: Acceptance of a foreign court decision as evidence or judgment in Turkey.
• Enforcement: Making a foreign court decision enforceable in Turkey.

These decisions are subject to specific conditions under Law No. 5718 on International Private and Procedural Law. One of the most important conditions is the principle of reciprocity.

Divorce Abroad and Its Effect in Turkey

Persons divorced abroad must file a recognition-enforcement lawsuit to be considered divorced in Turkey. If this lawsuit is not filed, the person remains legally married in Turkey. Only court decisions are recognized; divorces through municipal or other administrative decisions are not acknowledged.

Our Office’s Foreigners Law Services

• Applications for residence and work permits
• Procedures for acquiring Turkish citizenship
• Management of foreigners’ real estate acquisition processes
• Filing and handling recognition and enforcement lawsuits
• Procedures under the Foreigners and International Protection Law

Foreigners Law is a complex field where national and international regulations intersect, requiring specialized expertise. Our office provides consulting and litigation services with lawyers expert in current legislation and international treaties.