The Procedure for Stateless Persons requires a very complicated procedure in Turkey. Turkish citizenship lawyers or Turkish immigration lawyers may play a critical role upon taking necessary legal actions for the subject matter.

The Procedure for Stateless Persons in Turkey is one of the most frequently stated problems within the jurisdiction of Turkey. The central thesis of this paper is that Türkiye [Turkey] has a comprehensive legal framework applicable to the procedure for stateless persons in Turkey. But we should first absorb and understand what they are and when we can apply for the implementation.

How is it possible to stay in Turkey legally? 

Generally speaking, legal stay is possible in Turkey based on the acquisition of citizenship, residence permit, international protection clauses including refugees, conditional refugees and subsidiary protection beneficiaries. Additionally, under very specific circumstances, there are other mechanisms such as the procedure for stateless persons in Turkey.

What is meant by the procedure for stateless persons in Turkey? 

It is necessary here to clarify exactly what is meant by the procedure for stateless persons in Turkey. The Law on Foreigners and International Protection (Numbered 6458) is a critical legal instrument applicable to the procedure for stateless persons in Turkey. According to the Law in question, stateless person means a person who does not hold the citizenship of any state and who is considered a foreigner. Therefore there are two critical components of being a stateless person in Turkey:

-the person should not have any citizenships from any country,

-the person should be a foreigner.

What are the advantages of the determination of statelessness? 

Pursuant to article 50 of the Law Numbered 6458, stateless persons are given a Stateless Person Identification Document. What is more, this document shall substitute a residence permit and shall be renewed by the governorates every two years without subject to any fee. Last but not least, the Stateless Person Identification Document shall bear the foreigner identification number.

How is statelessness status determined in Turkey?

Article 50 of the Law Numbered 6458 clarifies the procedure for stateless persons in Turkey. Statelessness status should be decided through a dedicated determination procedure by the Presidency of Migration Management. The Presidency of Migration Management is granted a very wide margin of appreciation to set up criteria, benchmarks and standards dedicated to taking any decision on the status of statelessness.

Is there any example for the procedure for stateless persons in Turkey? 

For instance, when any US parents have a child during their Turkey visit with their own US passports, that child will not be granted Turkish citizenship or Turkish passport. The child is not born in the US which means that any US citizenship will not be given because of birth. The baby status falls within the ambit of the “stateless” clause up to the application of the parents to US authorities for another acquisition of US citizenship.

Is there any international instrument about the procedure for stateless persons? 

Turkey is party to the 1954 Convention on the Status of Stateless Persons. According to Article 1, for the purposes of this Convention, the term “stateless person” means a person who is not considered a national by any State under its own law regime.

What is the importance of the procedure for stateless persons in Turkey? 

There has been an increasing number of foreigners over the years. Turkish Statistical Institute numbers confirm this momentum. Indeed, the number of immigrants has reached 466 thousand 914 people in 2002 by increasing by 62.3% in comparison with 2021. When the status of a foreigner does not fit any type of legal stay procedures including citizenship, refugee and residence permit holder, other principles and standards should be applicable by the competent national authorities. That obtains and guarantees the legal compliance of the statues of all foreigners living and|or working in Turkey.

Conclusion 

Considering all of this evidence, it seems clear that the procedure for stateless persons in Turkey is managed by the Presidency of Migration Management[Göç İdaresi Başkanlığı] under the Law Numbered 6458. The Presidency of Migration Management determines stateless persons in Turkey and carry-out activities and actions related to such persons.