OUR LEGAL PARTNERSHIP ANNOUNCEMENT
Gateway has started a business partnership with ASR Law and Consultancy Office in order to get the most accurate and fast answers on possible issues like Foreigners Law, Citizenship Law, Commercial Law, Corporate Law, Company Acquisitions and Mergers, Maritime Trade Law, International Commercial Law, International Arbitration Law, Foreign Capital Investments, Investment Arbitration Law, Insurance Law, Real Estate Law, Execution and Bankruptcy Law, Labor Law, Family Law, Administrative and Tax Law and Criminal Law.
In addition to litigation, arbitration and follow-up services regarding dispute resolution, ASR Law and Consultancy Office will be your business partner who will focus on providing value-added legal services, aiming to protect your personal and commercial interests at the utmost degree.
The Law Office has a staff of 70 people, including 3 founding partners, 3 Law Professors, Consultants (Commercial Law, International Law and Criminal Law), 32 Lawyers specializing in their field, 22 Assistant Lawyers, Processors and Interns, 6 Administrative staff, 4 courthouse staff.
Services you can get from ASR Law and Consultancy Firm:
i. Appeal in case of receiving a visa Refusal.
In case of refusal of the visa application, the decision can be appealed within a period of one month. Documents proving that the reason for refusal has disappeared in the petition should be submitted and the reason for objection should be explained. If no positive response is received, a lawsuit may be applied. However, the remedies are not clear for every country. Applicants can follow these processes in person or through their attorneys. It is recommended to work with expert lawyers to make objections properly and to follow up the litigation.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
ii. Actions to be taken to remove the prohibition of entry to Türkiye.
A lawsuit can be filed against the prohibition of entry decision taken in Türkiye within fifteen days. The case must be filed in the administrative courts at the location of the institution that made the decision. Only the applicants or their lawyers can file these suits. Considering the risk of deportation of the people in question, it is recommended to work with expert lawyers as the procedures should be followed meticulously.
For detailed information, you can get information by calling the Gateway & ASR Law and
Consultancy call center.
iii. To come with a touristic/commercial visa and apply for a short- or long-term residence permit.
For short-term or long-term residence permit applications, an appointment must be made from the Provincial Immigration Administration in the province where the foreigner resides. The appointment must be made before the visa or visa exemption periods expire, and the application form and other documents required for the residence permit must be fully prepared at the appointment time. All residence permit applications can only be made by the applicant or through his lawyer.
If it is decided that the necessary conditions are met for those who request a short-term residence permit for touristic purposes, a residence permit can be granted for up to two years at the most, and up to one year for those who request a residence permit for more than three months for commercial purposes.
To be able to obtain a long-term residence permit, to have lived in Türkiye for eight years without interruption, to have not received social aid in at least the last three years of residence, to have sufficient and proper income to provide for themselves and their family, to have valid health insurance, to have public order or the conditions of not posing a threat to public safety should be met together.
It is recommended to work with expert lawyers in order to prepare the information and documents required for long- or short-term residence applications and to follow the legal procedures duly.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
iv. Purchase / rental of real estate.
Foreigners can purchase real estate to use as a workplace or residence in Türkiye, if they comply with legal restrictions. Purchase transactions are carried out originally (personally) or through lawyers who are given a special power of attorney, in the land registry directorate to which the real estate is connected. It is recommended to work with expert lawyers to check whether the real estate is owned, foreclosed, mortgaged or subject to any rights restrictions and to carry out the purchase transactions without a problem.
If a house is rented by foreigners in Türkiye , the rental agreement in question must be made in writing. For example, the lease agreement, which is among the documents to be submitted to the Provincial Immigration Administration in residence applications, must be notarized. It is recommended to work with expert lawyers in order for the lease agreement to meet the legal requirements and to regulate the rights of the foreigner in a protective manner.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
vi. Residence permit applications and extension procedures in Türkiye. Pre-application for residence permit and permit extension is made via e-ikamet website. An application for the extension must be made at the earliest sixty days and at the latest three days before the end of the permit period. After the pre-application is completed, an application should be made to the Directorate of Migration Management in the place where the foreigner wants to live, together with the necessary documents, within five week-day. Applications can only be made by the applicant or through their lawyer. However, the Immigration Administration may request that the applicant be present at the time of application. It is recommended to work with expert lawyers for the complete preparation of the necessary documents during the application.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
vii. Work permit applications and extension procedures in Türkiye.
The application for a work permit in Türkiye is made only via the online system through the applicant's employer or lawyer. A foreigner who wants to apply from abroad must first apply for a employment visa to the Türkiye Representative Office in the country where they are located. A foreigner residing in Turkey must have a residence permit for at least six months in order to obtain a work permit.
The application for extension of the work permit is made via online system through the foreigner's employer or lawyer, as furthest sixty days before the end of the permit date and most lately the end of the permit period.
However, if the foreigner makes a change of workplace, the application is not considered as an extension application, but as the first application and is given for a maximum of one year. It is recommended to work with expert lawyers in order for the transactions to be carried out in a complete and timely manner.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
viii. Execution of rights and receivables of work permit holders.
Foreigners can file suits such as severance pay, notification compensation, overtime pay, weekly holiday pay, national holiday and general holiday pay, annual leave pay, monthly wage, as well as the collection of labor rights and receivables, return to work, length of service and determination of premiums only personally or through their lawyers. Before such lawsuits are filed, it should be investigated whether there is a social security agreement between the State of the Republic of Türkiye and the state of the country in which foreigners are citizens. Dec. In addition, the rights of the foreigner must be fully and accurately determined. It is recommended to work with expert lawyers in order to avoid any loss of rights.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy Call Center.
ix. Student residence permit applications and extension procedures in Türkiye.
The student residence permit application is made by filling out the “Student Residence Permit First Application Form” through the e-ikamet system after the university registration process is completed. The application form and other necessary documents must be submitted to the relevant unit of the university to be sent to the Provincial Directorate of Migration Management. This process can only be done by the applicant student or through their lawyer. If a residence permit application is being made for the first time, the residence permit application must be made within the visa or visa exemption period.
The extension application must be made online through the e-ikamet system at the earliest two months before the expiry of the residence permit, and done before the residence permit expires. The application form and other necessary documents must be submitted to the Provincial Directorate of Migration Management within five week-day. This process can only be done by the applicant student or through their lawyer. It is recommended to work with expert lawyers in order for the transactions to be carried out in a complete and timely manner.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
x. Citizenship procedures and follow-up.Foreigners with the necessary qualifications can apply for Türkiye citizenship at the Governorship where their place of residence is located in Türkiye, and those who are abroad, to the Embassies and Consulates of the Republic of Türkiye. The documents required for the application and the application stages vary according to the way of gaining the right to apply for citizenship. The application can only be made personally by the applicant or through their lawyer who has a special power of attorney arranged for this application. The duration of the applications can vary between six months and twenty-four months, depending on the work load density, the characteristics of the application and whether there are any missing documents. In the citizenship application process, it is recommended to work with expert lawyers in order to complete the process reliably and duly.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xi. Inheritance transactions in Türkiye.
For foreigners to carry out inheritance transactions in Türkiye, a certificate of inheritance needs to be issued, and they must file a lawsuit in Civil Courts of Peace in order to obtain the in question document, either in person or through a lawyer. All assets inherited in Türkiye are determined in full with the lawsuit of determination of the estate to be filed after the certificate of inheritance is issued. In the event that property is smuggled out of the inheritance as a result of collusive transactions such as the decedent's collusion, a title deed annulment registration lawsuit can be filed for the inclusion of the said real estate in the inheritance. Application procedures should be made before the relevant institutions for the registration of the assets determined with these lawsuits on behalf of the heir foreigner. It is recommended to work with lawyers for the follow-up of such cases, which have a special nature and require expertise.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xii. To establish a company / to become a partner in a company.
Unless otherwise stipulated by the international agreements and the special law provisions, foreign investors can establish a Joint-Stock Company, Limited Liability Company, Unlimited Company, Limited Partnership, Cooperative Companies and Ordinary Partnership specified in Türkiye Laws. Since the establishment procedures and limits of liability of each company different from each other, it is recommended to carefully examine the necessary documents and to get legal assistance from lawyers who are experts in their field.
In order for foreigners to establish a company, basically all necessary procedures, such as the duly preparation of the company's articles of association, sending the minutes and articles of association through MERSIS, arranging the documents and approving them by the notary public, obtaining a potential tax number of the company (The potential tax number is required for non-Türkiye shareholders and non-Türkiye board members of the company.), depositing a certain part of the capital into the Competition Authority bank account, depositing and documenting a certain part of the capital in the company bank account, application to the Trade Registry Office for registration procedures, certification of some legal books related to the company, requesting the company establishment statement from the tax office, issuing a signatory circular, transferring some documents related to the company to the e-TUYS system (This system is a database created about the activities of foreign investors in Türkiye.) must be carried out completely and duly according to the type of company and the purpose of its activity. These transactions can only be carried out by the foreigner who wishes to establish a company or through their lawyer. It is recommended to work with expert lawyers in order to avoid any loss of rights while carrying out these transactions.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xiii. Removal of the deportation decision (Deport), lawsuits filed against deportation.
For the deportation (Deport) decision to be lifted, a nullity suit must be filed with the administrative court within seven days from the notification of the decision. The court shall give its decision within fifteen days at the latest and the decision is final. The foreigner cannot be deported until the decision is made. However, this period can be extended in some cases. These transactions can only be carried out personally or through a lawyer.
On the other hand, in order to cancel the deportation decision, one can enter Türkiye by obtaining one of the annotated visas such as work visa, education visa, treatment visa, marriage visa. However, in order to obtain an annotated visa, the necessary documents must be prepared in full. These transactions can be done originally or through a lawyer. It is recommended to work with expert lawyers in order not to lose any rights to carry out these transactions.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xiv. Marriage / divorce / custody proceedings with a Türkiye citizen.
For marriage transactions, along with the necessary documents such as a notarized copy of a foreigner's passport surrounded by Türkiye, a passport photo, a medical certificate, a residence permit, a bachelor's and birth certificate, the application should be made to the municipality where the residence address of one of the parties is located. The application can be made originally or through a lawyer who have been given a special power of attorney. If there is no deficiency in the documents, the day is taken for the marriage. The marriage is performed by an official.
The common national law of the spouses is applied in divorce and custody proceedings. If the parties have different nationalities, the common habitual residence law applied, and if there is no common habitual residence law, Türkiye Law applied. In order for a divorce to take place in Türkiye, a lawsuit must be filed in family courts. It is recommended to work with lawyers to follow up on such cases that have a special nature and require expert.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xv. Making, following up and finalizing the family residence permit application for the spouse and children of foreign nationals who have a work permit and residence permit in Türkiye through a supporter.
Pre-application for family residence permit procedures is carried out online via e-ikamet. The application must be made before the visa, visa exemption or residence permit expires. After the application process is completed, an appointment is made via the online system from the Migration Administration Management in the province where the foreigner resides. The application can only be made by the applicant or through their lawyer. However, the administration may also request that the foreigner be present during the application. During the application, it is recommended to work with expert lawyers to prepare the necessary documents in full.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xvi. Action of debt and enforcement proceedings for a person located in Türkiye
In Türkiye law, mandatory mediation should be resorted before filing lawsuits arising from commercial, consumer and labor law. Foreigners are obliged to deposit a guarantee, except in exceptional cases, before filing a lawsuit or initiating enforcement proceedings in Türkiye. Litigation and enforcement proceedings are carried out in the original or through a lawyer. It is recommended to work with expert lawyers in order to avoid any loss of rights in order to carry out these transactions.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xvii. Prosecutor's investigation file and criminal suit follow-up in Türkiye.
The foreigner can report the crime committed against them to the law enforcement officers or the Office of the Chief Public Prosecutor, either in person or through a lawyer. If the crime is partially or completely committed in Türkiye, or the result takes place in Türkiye, an investigation is initiated by the Office of the Chief Public Prosecutor about the perpetrator ex officio or upon a complaint. If there is adequate evidence, an indictment is filed by the prosecutor's office. With the acceptance of the indictment, the prosecution phase is initiated, and the criminal courts are prosecuted about the perpetrator. It is recommended to work with expert lawyers to follow the investigation and prosecution stages.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xviii. Legal process to follow for multiple prohibitions of entry to Türkiye.
In order to remove the ban on entry, nullity suit must be filed in the administrative court within seven days from the notification of the decision. The court gives its decision within fifteen days at the latest and the decision is final. The foreigner cannot be deported until the decision is made. These transactions can only be carried out in person or through a lawyer. It is recommended to work with expert lawyers for litigation.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xix. Residence permit to be obtained for family members after real estate purchases before applying for citizenship
Pre-application for family residence permit is made online via e-ikamet. After the application process is completed, an appointment is made from the Immigration Administration in the province where the foreigner resides through the online system. The application can only be made by the applicant or through a lawyer. However, the administration may also request that the foreigner be present during the application. It is important to make sure that the property is a residential property. The residence permit period of the family members cannot be longer than the residence permit period of the real property owner. It is recommended to work with expert lawyers for the complete preparation of the necessary documents during the application.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xx. Legal process for a new residence permit to be obtained without exiting in case of university change, in case of cancellation of the previous university's residence permit.
Foreigners who have a student and residence permit in Türkiye; In case of continuing education in a different faculty or department of the same university or transferring to a different university in the same city, -if there is no interruption in student status- the student must notify the Provincial Directorate of Migration Management within twenty week-day for the information to be updated. In case of a university, faculty or department change is in a different city, the notification must be made within ten days. Notifications can be made in personal or through a lawyer.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
xxi. Obligation to enter and exit the foreigner whose residence permit has expired, despite paying the penalty in case of overstay and rejection due to prohibition of entry due to overstaying at this stage.
In this case, the foreigner may file a lawsuit in the administrative courts against the relevant refusal decision. The litigation process can be followed personally or through a lawyer. The foreigner can also apply to the Provincial Directorate of Migration Management with the documents proving that she/he has a valid reason for the delay, either personally or through a lawyer. It is recommended to work with expert lawyers for litigation.
For detailed information, you can get information by calling the Gateway & ASR Law and Consultancy call center.
You can get information about these issues by calling the Gateway & ASR Law and Consultancy call center.
Contack Information:
+90 212 706 77 50
00964 066 211 1907
law.iraq@gateway.com.tr