Master'sOpen Access

Family residence permit in Turkish law

2023
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Advisor: Prof. Dr. Necla Öztürk

Abstract (EN)

The desire of individuals to change their living spaces has been a common situation throughout history. When the reasons that lead to the need for habitat change are examined, it can be seen that sometimes it is war, sometimes it is famine; sometimes it seems to be based on preference. Especially in the world whose borders have become clear in the last two hundred years, the mentioned relocation activities have made it necessary to consider migration from different perspectives, regardless of the reason. At this point, the emergence of concepts such as "foreigners law", "immigration", "asylum", "residence" has become inevitable because the dominant powers (states, unions, confederations, etc.) have had to limit the movements of people who have moved. The concept of residence permit should be seen as the result of this entire process; The necessity of placing people's displacement activities on a legal basis, in other words, should be evaluated as an extension of these activities in the world of norms. People's desires or needs to relocate have been affected for many years, from the Universal Declaration of Human Rights (UDHR) to the European Convention on Human Rights (ECHR), from the Provisional Law on Travel and Residence of Foreigners to the Law No. 6458 on Foreigners and International Protection has been tried to be met and resolved on a wide legal basis. Family is the most basic unit of society after the individual. The individuals who make up the family may need to live in countries of which they are not citizens, based on some of the reasons listed in the previous paragraph. Individuals may also have some desires to live in family formation in foreign countries. As a matter of fact, as time progresses, it is seen that these needs of families began to be addressed in the context of both the right to respect for private and family life and the freedom of travel and settlement, and the current situation has been reached. Like every legal consideration, this situation is shaped according to the requirements of the age, and states or sovereign authorities have created a legal basis for people who are not citizens but want to live as a family. In this regard, the Republic of Turkey has also created various legal regulations throughout history. The most recent and effective of the mentioned legal regulations is the YUKK and the Regulation on the Implementation of the Law on Foreigners and International Protection issued in accordance with this law, and these legal regulations determine the principles of residence of foreigners in Turkey. Accordingly, non-Turkish citizens' ability to stay in Turkey is conditioned on having a residence permit - excluding visa or visa exemption principles. Family residence permit, on the other hand, can be expressed as a settlement permit document issued for a resident individual who is considered a "supporter" in Turkish law, and for the family members of this individual whose conditions are listed in legal regulations. In this study, the nature of family residence permit in Turkish law, its historical development, conditions, how to obtain and terminate this residence permit are examined. YUKK and YUKK Directive basis and the headings are listed in accordance with these regulations. Keywords: Family, residence permit, foreigners law, Turkish law.

Author

Dr. Kuddusi Mutu

How to Cite

Kuddusi Mutu (Master Thesis). Family residence permit in Turkish law, 2023, Akdeniz University.

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Tüm Hakları Saklıdır

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