Law related to Residence and Travels of Foreign Subjects (1950)

LAW RELATED TO RESIDENCE AND TRAVELS OF FOREIGN SUBJECTS

Law Number:  5683 of 15 July 1950

Art. 1

General Terms.

The foreign subjects who are not permitted by law to enter Turkey and who have arrived in accordance with the Passport law awards shall have the right to reside and travel in Turkey under the terms and conditions determined by laws.

Art. 2

Other than the places where the foreign subjects have been prohibited by law to enter or reside, in the specific districts travels or residence of foreign subjects joint or separately may be prohibited by the award of the Board of Ministers.

The Board of Ministers has the power to award for application of such measurements to the specific subjects of the state as reprisal.

Art. 3

Residence Statement The General Term.

The foreign subjects who shall stay in Turkey more than a month, are obliged to apply to the authorized security offices direct or indirect to complete the necessary statement to obtain residence permit.  Before this period is expired this statement is not subject to any charge or tax.

The foreign subjects who arrive in Turkey for the purpose of working should obtained residence permit within a month as from the date of arrival or before working.

The foreign subjects who arrive in Turkey under cultural activities such as conferences, concert etc. are excluded from this condition provided that these activities should not exceed one month.

Special procedure to be applied to the persons who are the bearers of joint passports.

Art. 7

The conditions in which the residence permit may be rejected.

(A) The residence permit shall not be submitted to the foreign subject person who will arrive merely working and this work has been consecrated to Turkish citizens in conformity with the laws.

(B) The residence permit shall not be submitted to the foreign subject persons who are in the position which does not conform with the Turkish Law or usage and customs or political requirements or who act as above.

(C) The residence permit shall not be submitted to the foreign subject persons who are determined that his/her living expenses will not be provided on the legal grounds in the period they request to stay.

(D) The residence permit shall not be submitted to the foreign subject persons who are prohibited to enter Turkey but entered somehow.

(E) The residence permit shall not be submitted to the foreign subject persons who violate peace and order in the period they stay in Turkey.

Art. 8

Duration of residence permit.

The duration of residence permit to be submitted to the foreign subject persons is determined on the grounds of procedure and of the awards of the agreements made with the foreign countries and as far as possible, by considering the request of the person who applies.

Art. 9

Duration and fees of the residence permits.

Duration of the residence permits are maximum two years.  Residence permits are issued personally, therefore, it's allowed to be issued joint residence permits to spouses and to their children not reached eighteen years old either to all of them or by inscribing "accompanied by" sections of the father or the mother.  The ones who have work are liable to obtain personal residence permit.

Residence permits of up to six months subject to three TLs., up to one year subjected to five TLs. up to two years subjected to eight TLs. taxes.

Half of the above written taxes are collected from the children who are not reached eighteen years old and who are not working independently.

Residence permits of one year shall be submitted exempted from the tax to the foreign subject persons written below.

A) The students who attend Turkish schools.

B) The persons who arrived merely on scientific research and studies.

C) The persons who are Turkish origins.

D) The persons who are merely newspaper correspondents.

E) The specialists who shall be employed by the Government, state establishments and municipalities.

F) Refugees who have proved to the authoritative agencies which have the power to issue residence permit that their financial conditions are not good.

Residence permit exempted from tax are submitted to the employees of the foreign consulates in Turkey and the foreign persons who are in service of the professional officers of these consulates.

Art. 10

Renewal of the residence permits.

The foreign subject persons who request to extend their residence period in Turkey shall be liable to apply and renew the residence permit direct or indirect from the offices and agencies indicated in the third article above, within fifteen days as from the expiring date written in the residence permit.

Applications before the expiring date written in the residence permit are accepted.

In the both cases the residence permit to be submitted as renewal shall be subject to the awards of ninth article regarding the tax.

Foreign subject persons whose marital status or the reasons of residence in Turkey have not changed shall not submit the statement written in the third article.

Art. 11

The persons who lost their residence permits.

The persons who lost their residence permit shall be liable to apply to the concerned office or agency to obtain the new one immediately.  The new residence permits are submitted again to these persons and validated as the lost residence permits.  If the lost residence permit is subject to tax, half of the taxes written in the ninth article shall be collected from the new residence permits submitted as renewal.

Art. 12

The persons whose marital status are changed.

The foreign subject persons shall be liable to inform the changes of their marital status within fifteen days as from the date the changes occurred to the officials of the police where they reside with a signed statement and shall be liable to be recorded the condition to their residence permit.

These statements are exempted from any tax and duty.

Art. 17

Political refugees.

The foreign subject persons who took refuge to Turkey by political reasons reside in the places permitted only by the Ministry of Interior.

Art. 18

Obligation for the foreign subject persons identity proving.

The foreign subject persons shall be liable to show their identification cards, residence permits or passports or control cards to the police or gendarmes upon any request.

Art. 19

Conditions, of the foreign subject persons' invitation to leave Turkey or detrimental persons.

The foreign subject persons who are considered as their residence shall be contrary to the public security, the politics and governmental requirements are invited to leave Turkey within the specific time given.  At the end of this time, the persons who have not left Turkey may be driven out of Turkey.

Art. 20

The persons who did not renew their passports.

Although the foreign subject persons entered Turkey in accordance with the procedure, ones who lost their passports or their passport validity period has expired shall be liable to obtain passport of nationality certificate within 15 days as from the date of the official note sent by the concerned offices or agencies to them.

Art. 21

Authoritative offices which have the power to award.

The Ministry of Interior have the power to award driving out of Turkey decision explained in the law.

The Ministry of Interior may give the power to the border or coast provinces for driving out to the foreign subject persons who are required to leave Turkey immediately from the points of general security and order without asking permission.  These provinces shall be liable to inform the reasons to the Ministry of Interior if they proceed according to this power.

The Ministry of Interior have the power to drive out stateless or foreign subject gypsies and the foreign nomads who are not connected to Turkish culture.

Art. 22

The persons who were driven out of Turkey cannot return to Turkey unless special permit is obtained from the Ministry of Interior.  Of these, the persons who are sentenced due to an offense require imprisonment, imprisoned and driven out of Turkey are not returned to Turkey anymore.  But they can nonstop transit pass by permission of the Ministry of Interior.   Travel expenses of the persons who are driven our of Turkey are covered by them.  The dispatch of the persons who have failed to cover this expense are provided by the state.

Art. 23

The persons who are awarded to be driven out of Turkey but couldn't leave Turkey due to lack of passport or any other reasons, shall reside in the place which is shown by the Ministry of Interior.

Art. 24

The persons who do not obey the awards of 12th and 15th Articles and 18th and 19th Articles without based on valid reasons shall be punished or fined from 5 TLs or 100 TLs.

Art. 25

The persons who flee away from the place where they should reside in accordance with the 17th and 23rd Articles shall be imprisoned from one month to two years.

Art. 26

The foreign subject persons who are driven out of Turkey or intrigued to leave Turkey but dared to enter without permission shall be punished with imprisonment from one month to six months and 50 TLs or 1000 TLs or punished by one of these.  The foreign subject persons who are punished as such shall be driven out out Turkey.

Art. 27

The Punishments written in this law are given by Criminal Courts of Peace.