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  • residencetr 10:23 am on July 11, 2017 Permalink
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    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 3:46 pm on May 12, 2017 Permalink
    Tags: , , foreigner residence permit turkey, foreigner work permit, , , , , ,   

    Foreigners and International Protection Law 6458 Turkey … 

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    HOW FOREIGNERS ARE PROTECTED BY INTERNATIONAL LAW IN TURKEY
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    Greeting you with good news that Law 6458 on Foreigners and International Protection centres upon human and human values into effect. We are honoured to share this important and pleasant development with our country.
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    As is known, leading up large population movement in paralel with global affairs has obligated new legal regulations for Turkey and reshaping administrative organisation. Current developments on migration agenda necessiate effective migration governance in which the migration is clarified as a source of wealth and instrument for development.
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    turkey foreigner international protection law 6458 - Foreigners and International Protection Law 6458 Turkey ...
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    Directorate General of Migration Management gradually carries out strategies and puts new ways of thinking into practice devoted to turning migration into opportunity with a new understanding of migration. Personnel recruitment and organisational process in 81 provinces and 142 subprovinces are in progress with the aim of establishing a competent balance between the responsibilities and obligations of our country and the rights and liabilities of migrants.
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    With its new, dynamic, young and productive staff; Directorate General resolutely maintains migration management in the land of tolerance in which foreigners live in peace and become integrated with society.
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    For more information, view (149 pages) online or download the Directorate General of Migration Management law in full detail.

     
  • residencetr 9:47 am on May 3, 2017 Permalink
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    Migration Report shows %11 increase for Turkey permits … 

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    HOW FOREIGNER IMMIGRATION APPLICATIONS ARE ISSUED FOR TURKEY
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    The recent Directorate General of Migration Management published report shows 34.633.391 milion tourists have entered Turkey borders in 2016, breaking a new record. From this total, 14 million tourists has destined to the popular mediterranean resorts and city Antalya for holidays, to live, to retire or to work within the strong tourism sector.
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    Compared to year 2015 there has been an amazing increase in visitors coming to Turkey up 6 million tourists. The Top 10 tourist country citizens to visit Turkey in order are Germany, Russia, UK, Gorgia, Bulgaria, Iran, Holland, Iraq, Syria and France.
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    During a visit to Turkey international citizens have been issued 461.217 various types of permits with the most being for both the short term residence permit, long term residence permit and foreigner work permit in Turkey.
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    The permits issued by the Turkish government in 2016 are shown in below figures, and reveal an %11 higher increase when compared permits issued the year before.
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    • 244.034 short-term, long-term, family Residence Permits were granted in Turkey
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      Top 10 countries Iraq, Syria, Azerbaijan, Turkmenistan, Russia, Gorgia, Ukraine, Uzbekistan, Libya and Iran.
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    • 61.116 student Residence Permits granted in Turkey
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      Top 10 countries Azerbaijan, Turkmenistan, Syria, Afganistan, Iraq, Kazakhstan, Kyrgzstan, Greece and Libya.
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    • 56.591 foreigner Work Permits granted in Turkey
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      Top 10 countries Gorgia, Ukraine, Syria, Turkmenistan, China, Uzbekistan, Russia, Iraq, Syria, Azerbaijan, Turkmenistan, Russia, Kyrgzstan, Moldova and Azerbaijan.

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    turkey immigration report 2017 statistic istanbul - Migration Report shows %11 increase for Turkey permits ...
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    For more information, view online or download the Directorate General of Migration Management reports for full detail.
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  • residencetr 1:39 am on April 29, 2017 Permalink
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    Notice: Istanbul delays on appointment booking system … 

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    RESIDENCE PERMIT APPOINTMENT SYSTEM CONGESTIONS DUE TO HIGH FOREIGNER APPLICATION FOR TURKEY
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    NEW RULE NOTICE: For Istanbul online e-randevu system procedure change has been made to users. New appointment date and times requests made after May 2017, will be automatically issued by the e-randevu system to those who make residence permit applications. Preferred date and time selection for personal choice has been cancelled, due to over capacity and high volume of foreigner applications received in recent months.
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    Please expect earliest upto 4 – 5 months wait period in Istanbul for an issued appointment date to attend the interview.

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    For other nationwide provinces in Turkey: Residence permit applications are being received within regular limits. The foreigner applicant (or representative) may select to schedule the appointment date and time, for their preferred convenience.
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    Please expect earliest upto 1 – 4 weeks wait period for an appointment date to attend the interview, in all other provinces.
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    ikamet goc gov tr barcode  - Notice: Istanbul delays on appointment booking system ...
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    Click here for nationwide official government offices you may attend the short interview in Turkey.
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    FOREIGNER RESIDENCE PERMIT APPLICATIONS EFFECTED IN TURKEY MAY 2016 – MAY 2017
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    number of residence permits granted turkey city list - Notice: Istanbul delays on appointment booking system ...
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  • residencetr 1:33 am on April 29, 2017 Permalink
    Tags: , foreigner residence permit turkey, , , , , , , , , , , ,   

    New International Labor Law No.6735 enters in force … 

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    HOW FOREIGNER WORK PERMIT APPLICATIONS ARE ISSUED FOR TURKEY
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    The previous Law 4817 on Work Permits in Turkey for Foreigners has been abolished. The International Labor Law 6735 (UIK) has entered into force on the date of publication in the Official Gazette No. 29800 dated 13 August 2016. The replacement law in effect, brings important changes to the work permit policy and system quality, while offering faster foreigner work permit application process in the government online system.

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    turkish work permit turkey application - New International Labor Law No.6735 enters in force ...

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    The new law will be the main legislation regulating non-Turkish citizens’ entry into Turkey’s labor market. The new law is not as procedural as its predecessor. Rather it regulates foreigners’ entry into the Turkish labor market in a more extensive and disciplined way. One of the most important innovations of the new law is the introduction of a new international labor force policy for Turkey -a selective policy toward managing which immigrants will enter the Turkish labor market.
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    PROFESSIONS AND DUTIES PROHIBITED TO FOREIGNER WORKERS IN TURKEY
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    • Dentistry, dentistry, nursing. (In accordance with the Law on the Practice of the Style of Medicine and Poetry).
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    • Pharmacy (in accordance with the Law on Pharmacists and Pharms).
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    • Veterinary (according to the Law on the Operation of the Veterinary Association and its Chambers)
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    • Responsible director in private hospitals (in accordance with the Law on Private Hospitals).
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    • Advocacy (in accordance with the Law on Advocacy).
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    • Notary public (in accordance with Notary Public Law).
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    • Security officer in private or public institutions (in accordance with the Law on the Protection of Some Institutions and Institutions and Their Security).
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    • Inland waters include fish, oysters, mussels, sponges, pearls, coral exports, diving, seeking, guiding, captains, wheelers, clerics, (In accordance with Cabotage Law).
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    • Customs consultancy (in accordance with Article 227 of Customs Law No. 4458).
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    • Tourist guide (in accordance with Article 3 of the Professional Law on Tourist Guiding No 6326).
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  • residencetr 1:18 am on April 29, 2017 Permalink
    Tags: , foreigner residence permit turkey, , , , , , , , , , ,   

    New regulation for Investment Citizenship in Turkey … 

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    HOW TO BECOME TURKISH CITIZEN WITHOUT A RESIDENCE PERMIT IN TURKEY
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    As per the new regulations published in the Official Gazette on January 12, 2017, foreigners who meet any of the following conditions may be eligible for Turkish citizenship, subject to the proposal of the Ministry and the decision of the Council of Ministers #turkeyresidencepermit

    • Proven by the Ministry of Economy to have made a minimum fixed capital investment of USD 2,000,000
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    • Proven by the Ministry of Environment and Urbanization to have acquired a real estate worth a minimum of USD 1,000,000 with a title deed restriction on its resale for at least three years.
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    • Proven by the Ministry of Labor and Social Security to have created jobs for at least 100 people.
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    • Proven by the Banking Regulation and Supervision Agency to have deposited at least USD 3,000,000 in banks operating in Turkey with the condition of not to withdraw for at least three years.
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    • Proven by the Undersecretariat of the Treasury to have bought at least USD 3,000,000 worth of government bonds with the condition that they cannot be sold for at least three years
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      investment turkish citizenship turkey foreigner 2017 1 - New regulation for Investment Citizenship in Turkey ...
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