Foreigners and Citizenship Law

Foreigners and Citizenship Law

Citizenship Law

Foreigners and Citizenship Law; Law, which is perhaps the oldest branch of law and continues its historical development side by side with Constitutional Law, is one of the branches of law that determines the state-individual, state-civil society relationship today. Foreigners and

Citizenship Law

In its most basic sense, “citizenship” is a legal status that binds an individual to a state (country). Foreigners and Citizenship Law; Considering that the fundamental rights and duties of the individual are determined and recognized in the Constitutions in modern societies, it will be seen how important the Constitutional guarantee is for the citizens of a country. Foreigners and Citizenship Law; For these reasons, the sections in the Constitution where the rights and duties of the individual are written and their reasons, procedures and measures are very important in terms of Citizenship Law. Foreigners and Citizenship Law

The current 1982 Constitution, like every modern constitution, has addressed the above-mentioned issues. Accordingly, the rights and duties of the individual are based on 3 main bases;

Adverse Event Rights;

These are the rights that protect the individual from both the state and society, include many rights such as personal security rights, the right to homeland immunity, freedom of religion and belief, and that the essence of the state cannot be touched but cannot be limited.

Positive Status Rights;

These are the rights that impose an obligation on the state to make regulations in favor of the individual and aim to realize the principle and ideal of the “social state”. Social security right, right to work are some of them.

Active Status Rights;

In the words of the Constitution, they are political rights in which the individual takes an active role in their exercise. The right to elect and be elected, the right to petition, etc. These rights are within this scope. The fundamental rights we have mentioned above are not the rights that the state grants to its citizens. Foreigners and Citizenship Law

They are rights that are a natural extension of an individual’s “human” status and “citizenship” status. Therefore, the state cannot limit or remove these rights as it wishes. Restriction can only be made for reasons specifically listed in the article in which this right is regulated.

These reasons cannot be ignored.

Article 13 of the Constitution basically states the method and scope of the restriction. These restrictions cannot be contrary to the word and spirit of the Constitution, the requirements of the democratic social order and the secular Republic, and the principle of proportionality.
The mechanism to prevent attacks on these rights by third parties, including the state, is the judiciary. Advocacy and the profession of attorney will represent the individual in this legal struggle, which is perhaps the only harbor where he can take refuge against the public authority.

Today, sometimes the general judicial organs are ineffective in protecting the individual, especially against the actions and actions of the public authority. For this reason, two mechanisms have been developed, one belonging to our domestic law and the other to international law. Foreigners and Citizenship Law
Right of Individual Application to the Constitutional Court
Right to Apply to the European Court of Human Rights The right of individual application to the Constitutional Court.

Which is foreseen as a last resort due to the actions and actions of the public authority, was included in our legal system with the constitutional amendment made in 2010. Foreigners and Citizenship Law
The right of individual application is the final remedy in domestic law against the violation of citizens’ rights by the public authority.

Our citizens, who have been harmed by the actions and actions of the state and other public legal entities and cannot recover these losses through the courts, can use their right to apply to the. Foreigners and Citizenship Law

Constitutional Court within the specified periods. The most basic conditions of individual application are as follows: Violation of the individual’s constitutional rights. Foreigners and Citizenship Law

Which are also protected by the European Convention on Human Rights,The fact that this violation is caused by the public authority, that the person whose rights are violated has exhausted all legal remedies required by our law, It appears as the legal protection of the individual, especially when it comes to the transactions and actions of the state organs. Foreigners and Citizenship Law

Foreigners Law

Anyone who is within the borders of a country and is not affiliated with that country’s state through citizenship is “Foreigner”. In particular, matters such as the entry and exit of foreigners, protection demands, residence and employment problems and their extradition within the framework of criminal investigation/prosecution are of great importance in terms of Foreigners Law. Foreigners and Citizenship Law

According to the Law on Foreigners and International Protection, foreigners who are in Turkey for more than 90 days or exceeding the period granted by a visa or visa exemption are required to obtain a “residence permit”.

In this context, considering the disruptions that may occur in the bureaucratic process, it is obligatory for the foreigner in Turkey to benefit from legal services in order to extend their residence permit or obtain a new residence permit.
Another issue that can be a problem for foreigners is the work permit. Unless otherwise stated in bilateral or multilateral agreements to which.

Turkey is a party, foreigners must obtain a work permit in order to work independently or independently in our country. Otherwise, both the foreigner and the employer who employs the foreigner are punished with a high administrative fine.
In the Law No. 4817, very detailed regulations regarding the work permits of foreigners are included, and the judicial procedure to be applied in case of obtaining, canceling or rejecting the work permit is specified.

Especially in Denizli, both at home and abroad. Employing foreign workers in industrial cities with employment opportunities is an important issue. Foreigners and Citizenship Law
The common sanction for foreigners in our country for not having both a residence permit and a work permit: Foreigners and Citizenship Law

Danger of deportation. This issue makes the deportation procedure important in addition to the “work permit” and “employment of foreign workers” issues that we briefly mentioned above.
It is of great importance to apply effective legal remedies within the time and possibilities stipulated by the laws, and to take a preliminary injunction decision from the court, especially against deportation procedures that may cause irreparable harm to the foreigner. In this area, it is very difficult for a foreigner to enter a legal fight alone.

In this difficult process, it would be appropriate for foreigners to benefit from legal services to protect their rights. Foreigners and Citizenship Law
Ensuring and protecting the legal rights stipulated by the Foreigners Law, the importance of which we have tried to explain briefly above, are processes that require both knowledge, care and urgency. Foreigners and Citizenship Law