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  • residencetr 10:23 am on July 11, 2017 Permalink
    Tags: , , , , e-ikamet-telefon, , , , , , , , , , , , , , ,   

    26 Questions Answers About Human Trafficking Turkey 

    Revised Jul 2017 – Resource, Directorate General of Migration Management Turkey
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    frequently asked questions 1 - 26 Questions Answers About Human Trafficking Turkey
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    1. What is human trafficking?
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      “Human trafficking” will mean the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or providing payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs.
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    2. What is the definition of victim of human trafficking?
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      Individuals, who have been recruited, transported, harbored or received by means of the threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of power or of a position of vulnerability or providing payments or benefits to achieve the consent of a person having control over another person, for the purpose of forced labor, forced service, forced prostitution or servitude or removal of organs.
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    3. What are the basic differences between human trafficking and migrant smuggling?
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      For the human trafficking to occur coercing and deceiving the victims are matter whereas the consent of the migrant is essential in migrant smuggling. In migrant smuggling the relation between the illegal migrant and criminal organization mostly ends after crossing of the border through illegal means but in human trafficking the relation between the victim and the trafficker continues involuntarily for victim. Exploitation of the individual is present in human trafficking but there is no aim of exploitation in migrant smuggling. Migrant smuggling is a crime committed against the state but human trafficking is a crime committed against the individual and leads to gross human rights violations. Migrant smuggling is always a cross border crime but human trafficking does not always have a cross border nature.
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    4. What are the similarities between human trafficking and migrant smuggling?
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      In both of the cases, the matter is transportation of the victims of crime from one point to another. In both of the crime types, the committed crime generally has a cross border nature. It has been observed that both of the crime types are committed by organized crime syndicates. In both of the crime types the main aim is to derive a profit with illegal activities by using the victims. Therefore, exploitation of the victim is present.
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    5. What are factors leading to human trafficking?
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      1) Push factors;
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      a) Poverty
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      b) Unemployment
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      c) Social and economic inequality of woman
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      d) Lack of education
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      e) Domestic violence
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      f) Gender discrimination
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      g) Lack of equality of opportunity
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      h) Regional and cultural discrepancies in the country of residence
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      i) Ethnic conflicts j) Civil wars
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      2) Pull factors;
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      a) Job opportunities in target country
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      b) Education opportunities
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      c) Higher income level in the target country
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      d) Promise of a better life
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    6. Who is a human trafficker?
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      Human trafficker is the individual who facilitates recruitment, transportation, transfer, harboring or receipt of persons for the purpose of forced labor, forced service, prostitution, servitude and removal of organs.
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    7. What are the stages of crime of human trafficking?
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      a) a) Identification of potential victims by the traffickers
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      b) Convincing process with promises of jobs, money and luxurious life
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      c) Transportation from the country of origin to target country
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      d) Initiation of the exploitation process in the target country by the traffickers
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    8. How is forced labor ban regulated in the Turkish Constitution?
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      Article 18 of Turkish Constitution under the title “Ban on Forced Labor” states that “Nobody can be forced to work. Forced labor is prohibited. Working under conviction or in detention with the condition that the form and conditions have been regulated by laws, services requested from citizens under emergency circumstances, physical and mental work qualified as civil duty in the fields required by the needs of the country shall not be classified as forced labor.’’
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    9. How is the crime of human trafficking regulated in Turkish Criminal Code?
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      Article 80 titled as “Human Trafficking” in Turkish Penal Code No.5237 explains the crime as ‘‘
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      (1) “Individuals, who provide, kidnap or shelter or transfer persons from one place to another or from one country to another by force, threat or violence or misuse of power or by executing acts of enticement or taking advantage of control power on helpless persons in order to force them to work, serve, for prostitution, servitude (enslavement) or the removal of organs, shall be subject to imprisonment from eight to twelve years and administrative fine of ten thousand days.
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      (2) The consent of a victim of the offense to the intended exploitation shall be irrelevant where any of the acts forming the crime set forth in the first paragraph have been used.
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      (3) If the minors under the age of eighteen have been recruited, kidnapped, transported or referred to from one place to another or accommodated for the purposes listed in the first paragraph the penalties listed in the first paragraph shall be imposed on the offender even none of the means of the crime have been used.
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      (4) Security measures shall be ordered for legal entities due to the crimes listed above”.
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    10. Which criteria are taken as basis by Turkish Penal Code in order to define minors as victim of human trafficking crime?
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      Regardless of their complaint about the crime, individuals under the age of eighteen, who have been recruited, kidnapped, transported or referred to from one place to another or accommodated for the purposes listed in Article 80 of Turkish Penal Code shall be identified as victim of human trafficking crime even none of the means of the crime have been used.
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    11. What are the issues to be considered about the child victims during the identification process?
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      In case of identification of “child” victims of human trafficking, special attention must be paid and special measures must be taken by considering the best interest of child in any action related to such children in addition to the existing legal procedure. Actions related to the child identified, as victim of human trafficking will be executed in accordance with the Law on Child Protection numbered 5395. Victims subject to age analysis will be accepted as minor until the termination of such analysis.
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    12. What are the basic elements of crime of human trafficking?
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      a)Act: (to transport persons into the country, to transport persons to another country, to recruit persons, to kidnap, to transfer persons from one place to another, to refer persons from one place to another, to shelter persons)
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      b) Means: (threat, force, violence, misuse of power, taking advantage of control power on the victims or their desperation)
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      c) Aim: (forced labor, forced service, forced prostitution, servitude, and removal of organs)
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    13. How are the treatment and health expenses of the victims covered?
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      About the victims of human trafficking in need of physical and mental treatment in the annex of Decision of Council of Ministers dated 05.12.2003 and numbered 2003/6565 it was stated that; “Foreign nationality patients identified as victims of human trafficking and who cannot afford the health expenses shall be exempted from the provision under the first paragraph of Article 1 of Law No. 4376 dated 08.01.2002 in benefiting from the health services offered by official health institutions and organizations”.
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    14. How is forced labor ban regulated in the Turkish Constitution?
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      Article 18 of Turkish Constitution under the title “Ban on Forced Labor” states that “Nobody can be forced to work. Forced labor is prohibited. Working under conviction or in detention with the condition that the form and conditions have been regulated by laws, services requested from citizens under emergency circumstances, physical and mental work qualified as civil duty in the fields required by the needs of the country shall not be classified as forced labor.’’
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    15. What are the main international agreements that our country is a party to within the scope of anti-trafficking?
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      On 13 December 2000, Turkey undersigned the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime which was opened for signature in Palermo, on 12 December 2000. The mentioned convention and protocol were ratified at Turkish Grand National Assembly through Laws No. 4800 and 4804 dated 30.01.2003 and were included in our domestic law with the publication in the Official Gazette dated 04.02.2003. Our country has undersigned several Security Cooperation Agreements that envisage cooperation in anti- terrorism and anti-organized crime. In all of these agreements there are provisions regarding the establishment of cooperation in fighting against the crime of human trafficking. In line with this in order to activate the relevant provisions of the mentioned agreements, cooperation protocols have been concluded with the authorized bodies of countries of origin setting example for human trafficking such as Moldova, Belarus, Ukraine, Georgia and Kyrgyzstan. “Council of European Convention on Action against Human Trafficking” was signed on 16 May 2005 but the law for the approval of the execution of the Convention has not been enacted by TGNA yet.
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    16. How is forced labor ban regulated in the Turkish Constitution?
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      Article 18 of Turkish Constitution under the title “Ban on Forced Labor” states that “Nobody can be forced to work. Forced labor is prohibited. Working under conviction or in detention with the condition that the form and conditions have been regulated by laws, services requested from citizens under emergency circumstances, physical and mental work qualified as civil duty in the fields required by the needs of the country shall not be classified as forced labor.’’
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    17. What are the legal regulations in force related to the crime of human trafficking in our country?
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      a) Articles 17 and 18 of Turkish Constitution
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      b) Article 80 of Turkish Criminal Code No. 5237
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      c) Articles 135, 140, 202 and 234 of Criminal Procedures Code No. 5271
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      d) Articles 7 and 13 of “Implementation Regulation on Work Permits of Foreigners” issued on the basis of Law No. 4817 on ‘‘Work Permits of Foreigners”
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      e) Article 16 of Law on Turkish Citizenship No. 5901
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      f) Article 12 of “Land Transportation Regulation” issued on the basis of Highways Law No. 4925
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      g) Articles 22, 48, 49, 55, 108 and 123 of Law on Foreigners and International protection No. 6458
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      h) Passport Law No. 5682
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      i) Child Protection Law No. 5395
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      j) Article 88 of Act of Fees No. 492
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    18. How do you notify the existence of victims or individuals suspected to be victims to official authorities?
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      Anyone who knows or suspects that an individual is a victim of human trafficking can call 157 Helpline free of charge using landlines or mobile phones from any place in Turkey, can make a written, oral or electronic notification by calling 155 Police Helpline, 156 Gendarmerie Helpline, governorates, district governor’s offices, civil society organizations and public prosecutor’s offices.
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    19. What is 157 helpline for victims of human trafficking? What are the operation procedures?
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      157 is a helpline that has been established to provide support for rescuing the victims of human trafficking and to provide information to potential victims under the risk of being trafficked. Officials working at 157 Helpline work on 7/24 basis. Notices and complaints are received in several languages such as Turkish, English, Russian, French and languages of CIS. Complaints and notices from abroad can be forwarded by calling 0090 312 157 11 22 free of charge.
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    20. What is the residence permit issued for victims of human trafficking? How are these permits issued, extended and cancelled?
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      This is the residence permit issued by governorates for foreigners, who have been victims of human trafficking or suspected to be victims of human trafficking so that they can be relieved from the trauma of their experiences and decide on whether to cooperate with the authorities or not. In accordance with Article 48 of the Law No. 6458, in that case a thirty day residence permit will be granted to individuals and the criteria applicable in issuance of other residence permits will not be required for this type of residence permit. In accordance with Article 49 of the Law No. 6458, the residence permit granted for recovery and reflection may be renewed for maximum six months period for reasons of safety, health or special circumstances of the victim. However, the total duration of the permit will not exceed three years in any case. If it is identified that foreign victims of trafficking or foreigners suspected to be victims contact the perpetrators of the crime upon their own initiative, their residence permits will be cancelled.
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    21. How is forced labor ban regulated in the Turkish Constitution?
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      Article 18 of Turkish Constitution under the title “Ban on Forced Labor” states that “Nobody can be forced to work. Forced labor is prohibited. Working under conviction or in detention with the condition that the form and conditions have been regulated by laws, services requested from citizens under emergency circumstances, physical and mental work qualified as civil duty in the fields required by the needs of the country shall not be classified as forced labor.’’
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    22. Is it allowed to provide information to the authorities of relevant Consulates or Embassies about the status of the victims of human trafficking? Is there a possibility to contact the authorities for the victim?
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      If the victim has consent, then information can be provided to the authorities of the relevant Consulate or Embassy and a meeting can be arranged.
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    23. How is forced labor ban regulated in the Turkish Constitution?
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      Article 18 of Turkish Constitution under the title “Ban on Forced Labor” states that “Nobody can be forced to work. Forced labor is prohibited. Working under conviction or in detention with the condition that the form and conditions have been regulated by laws, services requested from citizens under emergency circumstances, physical and mental work qualified as civil duty in the fields required by the needs of the country shall not be classified as forced labor.’’
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    24. Does the victim of human trafficking have the right to file a claim for compensation against the human trafficker?
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      The victims have the right to file a claim for compensation against the traffickers. Compensation can be asked for both pecuniary loss and intangible damages. The victim can file such a lawsuit on her/his own, through his/her legal representative or attorney.
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    25. What kind of preventive measures are taken against human trafficking?
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      Measures for the prevention of crime are essential in combating against human trafficking. In the recent years by the help of training and awareness raising activities, knowledge of vulnerable groups such as children and adolescents is tried to be increased in the field of human trafficking. Awareness raising and training activities prevent the vulnerable groups to be easily deceived by human traffickers and to be trapped by them. In this field the most important measure is the “project on strengthening the institutional capacity in the combat against human trafficking”. Furthermore, within the scope of the “project on promotion of access to justice by victims of human trafficking and supporting the efforts of Turkey in combating against human trafficking” there are also activities on prevention of human trafficking and awareness raising. In addition to these projects, “national task force” also carries out activities on prevention of human trafficking and awareness raising. On the other hand, 157 helpline for the victims of human trafficking can be listed among these preventive measures. Finally, the efforts are ongoing on the “draft of law on prevention of human trafficking and protection of the victims of human trafficking”.
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    26. If the victim has been identified to need mental treatment or supervision by a doctor’s report what will be the implementation?
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      If the victim has been identified to be in need of mental treatment or supervision by a doctor’s report then he/she will be referred to Mental and Neurological Diseases Hospital for treatment in accordance with general provisions.
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  • residencetr 10:44 pm on May 25, 2017 Permalink
    Tags: , , e-ikamet-telefon, , , , , , ,   

    Directorate General of Migration Management Office in Turkey 

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    DIRECTORATE GENERAL OF MIGRATION MANAGEMENT TURKEY
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    Globalization all over the world with political, economic and social changes undoubtedly one of the most important recent migration movements in the international arena. Immigration is a dynamic process that concerns everyone and every structure. In the past half century immigrant the rapid increase in population in the world, in line with the developments in the coming years expected to continue to grow. Turkey, a transit country for migration to other countries, the position of the regional and today by global dynamics has become a destination country. As of 2017 in the system there has been 16.000 new residence permit application forms, processed daily.
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    Click here for Directorate General of Migration Management Offices in Turkey.
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    In this context General Our Directorate; global, regional and national scale on a very important mission whether on the basis of people-oriented, reliable, providing a balance of freedom and security, innovation clear, consistent and predictability, overcoming of duties and responsibilities within a as an institution continues to work. The secret of corporate success: strategic thinking, creating an effective coordination system, and of course, the tools of the discipline of planning in the ability to be used effectively reserved. Modern public administration offered by the Directorate as a requirement of services, human and solution-oriented approach with the principles of transparency and accountability within the framework adopted as a principle to perform.
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    MIGRATION MANAGEMENT ORGANIZATION CHART
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    organizational chart of the Turkish General Directorate of the immigration administration in Turkey - Directorate General of Migration Management Office in Turkey
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    The General Directorate from its inception the activities with great care and devotion performing and public safety and human effective migration management by considering the balance of rights it continues. Middle of our organization in this direction and long-term goals and objectives in determining the Strategic Plan which played an important role in the works has come to an end.
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    Determining the activities of the General Directorate top with a comprehensive legislation, policy documents by scanning, regular and irregular migration in the field of at the national and international level will be an example a standard implementation is targeted at. For the purpose of promoting orderly migration for foreigners No. 6458 foreigners and international protection In accordance with the law have rights and obligations related to access to coordination with all public institutions and organizations the provision of foreigners and irregular migrant development of measures to prevent a situation it is intended to.
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    Related to prevent irregular migration in this field basic policies for the efficient creation of adopted as a priority, the General Directorate the process of irregular migration movements related to active in the way the execution is aimed at, those seeking international protection in our country active in the business and operations of strangers and human the rights-based approach to be carried out in a manner, and temporary scope of protection under the protection of foreigners in provision of access to rights and services. Taking within the structure of the General Directorate and Country of origin, creating an International Information System Protection and the procedures of temporary protection in a healthy way it is targeted at the execution. With the management system migration and foreigners to respond to the requirements of a holistic harmony create the policy, foreigners in our country re-back placed social life in their home countries on their return without the mediation of third parties in all areas will make it easier for you to act independently it is aimed to gain knowledge and skills.
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    Planned new regulations in the area of migration the necessary technical-technological infrastructure of creation of scientific methods of analysis development and migration of business relevant to the institution and its operations and integration of information systems in organizations it is intended to provide.
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    REPUBLIC OF TURKEY MAP
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    directorate migration map turkey - Directorate General of Migration Management Office in Turkey

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    Disclaimer: We are not owned or affiliated with the Government of Turkey. We are a foreigner residence permit and work permit application processing company that saves you time and frustration. If you want, you can obtain the e-ikamet directly from the government of Turkey without paying a service fee.

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