ACQUISITION OF TURKISH CITIZENSHIP
There are 2 fundamental possibilities:
WAYS TO ACQUIRE BY DECISION OF THE AUTHORIZED AUTHORITY
A. General way
B. Special ways:
CONDITIONS FOR ACQUIRING CITIZENSHIP BY THE GENERAL WAY
The first two conditions are objective. The following six conditions are subjective conditions and are fully open to interpretation.
CITIZENSHIP BY EXCEPTIONAL WAYS
REACQUIREMENT
1. THOSE WHO HAVE RENOUNCED CITIZENSHIP BY PERMISSION
Those who have lost their Turkish citizenship due to their parents renouncing their citizenship and have not use the opportunity to reacquire with the right of choice. They can apply within 3 years from being adult, on the condition that they do not breach the national security.
2. THOSE WHO HAVE LOST THEIR CITIZENSHIP
Those who lose their citizenship through the right of choice. There should not be a consequence with national security. They have to residence in turkey for 3 years back from the application.
3. DEPRIVATION OF CITIZENSHIP
They are granted citizenship by the ministry without the requirement of residence, on the provision that they do not breach national security.
Exceptions: Abolished law No 403 matter 25/B:
NOTE: LOSS OF CITIZENSHIP
— A special status has been brought to those who left with permission: Blue card.
NATURALIZATION THROUGH MARRIAGE
The first two conditions are objective and are application requirement.
THROUGH ADOPTION
By a turkish citizen, a minor person under their national law. He can acquire turkish citizenship from the decision on the provision that it doesn't breach national security and public order. (here is the decision on citizenship, not a decision to adoption.) If this process is made abroad, a case of recognition must be opened in turkey.
ACQURIREMENT BY EXCEPTIONAL WAY
ARTICLE 31/J: BY INVESTING
To get citizenship based on 31/j, a certificate of conformity must be obtained first.
WHERE CAN I GET A CERTIFICATE OF CONFORMITY?
Land Office, Ministry Of Family, Social And Labor, Banking Regulation and Supervision Agency, Ministry of Industry and Technology, Ministry of Environment and Urbanization, Ministry of Treasury and Finance, Capital Markets Board.
Certificate of conformity is approved in approximately 1-2 weeks.
AUTHORITIES ISSUING CERTIFICATE OF CONFORMITY
Then, according to article 31/j, a short-term residence permit is received from the immigration administration on behalf of the investor.
Residence permit is given on the same day. Card delivery takes 1-2 weeks. After residency, a citizenship application is made from the population directorate.
Citizenship applications are concluded in 5-6 months. Later, approval announcement documents are received from the population directorate. Then an appointment is made from the population directorate to apply for turkish id card and passport. The card is delivered to the investor.
RESIDENCE PERMITS
SHORT TERM RESIDENCY PERMIT
Who can receive it?
HOW LONG ARE THESE PEOPLE GIVEN RESIDENCE PERMIT?
UNDER WHAT CONDITIONS CAN A SHORT TERM RESIDENCE PERMIT BE CANCELED?
FAMILY RESIDENCY PERMIT
WHO CAN GET?
It is given to certain relatives of a person who is a turkish citizen or has a residence permit. Maximum of three times, each time the residence permit is either extended by a maximum of 3 years or by the duration of its supporter's residence permit.
STUDENT RESIDENCE PERMIT
LONG TERM RESIDENCE PERMIT
All conditions are obligatory
CANCELLATION: Being out of turkey more than 1 years except for health, education and mandatory public service in own country
HUMANITARIAN RESIDENCE
CONDITIONS:
It can be given per period of up to 1 year.
CANCELLATION: When conditions are invalid.
FOOTNOTE: This residence permit does not give the right to transition to a long-term residence permit.
VICTIM OF HUMAN TRADE RESIDENCE PERMIT
For those who are victims of making money for reasons such as forced work, being, organ mafia.
This residence permit is a 30-day permit to cooperate with the authorities for crime investigation and heal.
Due to person's safety, health and special status, it can be extended up to 3 years in total.
WORK PERMIT
REJECTIONS OF WORK PERMIT
FOOTNOTE: 5 turkish workers must be employed in a workplace to be employed to foreigners. At the same time, there must be a certain amount of capital.
WORK PERMIT TYPES
The first 3 years are the transition period. Then it becomes permanent. They get permanent working rights like blue card holders.
Those who are in temporary protection cannot benefit from this card.
DEPORTING FOREIGNERS
We are filing an annulment case against the authority that issued the decision for foreigners for whom deportation decision has been taken due to the above-mentioned reasons and we have the deportation decision lifted.
WE WILL ASSIST YOU WITH YOUR IMMIGRATION ISSUES
For generations, people from countries across the globe have dreamed of making a life in the Turkey. Istanbul especially has a rich history of welcoming immigrants from numerous backgrounds and being enriched as a whole by their diverse cultural heritage. Hence, as the world has become increaasingly complex, so has immigration.
A maze of paperwork and administrative requirements now hounds both aspiring immigrants and temporary visitors alike – so much so that many have been forced to enter the country without inspection and every day live under the fear of removel. That is why we make every effort to take the guesswork out of immigration and give our clients peace of mind during the process.
CONSEQUENCES OF CRIMINAL AND FRAUDULENT CONDUCT
The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the Turkey.
Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. We have a long history of strategizing deportation and removal defenses,as well as applications for waivers, in very complicated cases.
REMOVAL AND UNDOCUMENTED IMMIGRATION
Those who enter the Turkey without documentation are often forced to live on the fringes of society. They may be denied access to employment and various government programs and face the constant threat of discovery and deportation.
If you are living in the country as a non-citizen, an attorney can help you understand your options for gaining permanent legal residency or another adjustment of status, including deferred action if you entered the country as a child.
If you have already been discovered by immigration authorities, we can provide zealous representation during removal proceedings and subsequent appeals. Contact our dedicated immigration attorneys today.
ARE YOU INVOLVED IN A BUSINESS DISPUTE?
At the core of nearly every business dispute there is a breach of contract or dispute over the interpretation of a contract, Our firm specializes at prosecuting or defending Breach of Contracts claims. Successful resolution of the breach of contract involves extensive contract interpretation. The Law Office of PIGEON, will interpret your contract and assess the viability of your claims and defenses, identify the strength of your case and proceed toward the best possible resolution.
Our firm provides comprehensive business litigation services. We strive to resolve disputes through negotiations to the extent possible to minimize costs to our clients. As trial attorneys, we prepare every case fort he porssibility of court proceedings. Throughout your case, you will receive attentive, cost-effective legal representation.
If you have a business dispute or a Breach of Contract matter, please contact our Office so we can assess your claims professionally and expeditiously.
ARISTOTLE ONCE SAID:
“AT HIS BEST, MAN IS THE NOBLEST OF ALL ANIMALS; SEPARATED FROM LAW AND JUSTICE, HE IS THE WORST.”
ACTION FOR NULLITY
In case of missing one of the five elements (authority, form, reason, subject, purpose) about administrative proceedings, they are the lawsuits filed by those whose interests are violated for the cancellation of the transaction.
Our law office provides legal consultancy services for disputes and grievances that occur with the administration, opening and following up action for nullity.
FULL REMEDY ACTIONS
These are the lawsuits filed by those whose personal rights are directly violated due to administrative actions and transactions.
CANCELLATION ACTIONS
Cancellation actions filed against the administration in cases of an inad passenger decision or restriction codes regarding the cancellation of residence of foreign citizens within the framework of the prohibition of repatriation
Lawsuits for the action for nullity of the administrative action arising from the relevant legislation, especially the law numbered 6458, are handled by the expert team of our office.
CONSTRUCTION AGREEMENT IN RETURN FOR LAND SHARE
Construction contracts in return for land share should be prepared with the help of experts and should contain detailed regulations. As a Pigeon law firm; Consultancy and advocacy services are provided in the preparation of these contracts, termination of contracts, compensation cases, adaptation cases and all other cases that may arise from these contracts.
PRELIMINARY CONTRACT FOR REAL ESTATE SALE
The aim here is to ensure the conclusion of the main contract. This contract is drawn up at the notary public. In case of refraining from issuing the promised sales contract despite the arrangement of this contract, there is the right to apply to the court.
While preparing preliminary contract for real estate sales, by getting help from expert lawyers; It is important to prevent the loss of rights that the contract is valid, the statute of limitations, and the fact that the real estate can be sold to third parties is prepared in a way that includes protective regulations for the contracting parties.
VEHICLE ACCIDENTS
The Law Firm of PIGEON, help clients receive justice and compensation for their injuries and losses from negligence or other wrong doing. They understand the challenges you may be facing after an injury from a car accident or other type of injury.
Auto accidents cause thousands of injuries and thousands of deaths in the Turkey each year.
WHY YOU NEED LAWYER AFTER AUTO ACCIDENT?
Auto accidents cause thousands of injuries and thousands of deaths in the Turkey yearly. We’re commited to helping those who have serious injuries from an auto accident. If the crash was caused by the negligence of another driver, a trucking company, a defective roadway, or another party, you might be able to recover compensation.
After an accident, you probably have a lot of questions.
These are big questions. Car accidents can cause injuries that require significant medical treatment. You may suffer life-changing injuries or the entire loss of your vehicle. Handling your injury claim can be time-consuming and complicated. You need an experienced attorney who will understand your injuries so that full compensation can be obtained. With the help of our experts, we will investigate your accident thoroughly to identify the at-fault party or parties.
PROTECT YOUR RIGHTS
Insurance adjusters are hired to handle accident claims.
They’re professional negotiators that will use a variety of tactics to reduce the value of your claim, protecting company profits. They want to pay you the least amount of money as possible for your losses. Initially, they may offer you a figure that is far less than what your case is worth, hoping you’ll take a quick settlement.
A qualified attorney will know how to handle your potential claim. Don’t wait to file a claim; according to Turkey Law you have a limited amount of time in which you can file an accident claim.
If you have been injured in an auto accident and required medical attention, it’s critical to reach out to a qualified, experienced attorney, before you speak to the insurance company. A skilled personal injury attorney will help you negotiate with the insurance company and help you recover the compensation you may be entitled to after an accident.
HOW CAN WE HELP?
To discuss your legal rights and options, contact us to schedule your free case consultation. We will listen, answer your questions and help you make an informed decision about taking legal action.
DEBT ENFORCEMENT AND BANKRUPTCY LAW
At our PIGEON law office, we provide advocacy and consultancy services for the collection of receivables of domestic and foreign companies and real persons in Turkey. Our basic principle is to get the client's receivables in the fastest, most effective and least costly manner.
Our office provides consultancy and legal services to companies, institutions and individuals regarding all Concordat processes, the implementation of all kinds of debt enforcement and bankruptcy proceedings, and the follow-up of cases.
SUBJECTS FOR LEGAL ADVICE
To receive continuous legal consultancy services for your company where you carry out your commercial activities; It is aimed to eliminate problems such as preventive medicine to a large extent before they occur. In this way, your company's officials learn about new legal developments, can do their job with the advantage of contract clauses specially prepared for you, and on the other hand, it eliminates the risk of paying material compensations and litigation arising from faulty contracts.
In order to minimize future disputes, it is of great importance to conclude contracts that regulate mutual commitments and rights in detail between the parties at the beginning of the work. For this reason, all kinds of purchase and sale contracts, real estate purchase and construction contracts, contracts with the companies you work with are prepared by our expert lawyers for each job.
Preparation of contracts in the fields of personnel contracts, lease contracts, company partnerships and merger contracts, licenses, transfers, authors royalties, patents, and giving opinions on the issues needed verbally and in writing are also included in the legal consultancy services.
PROVIDED LEGAL SERVICES
Our office; In short, it provides the following legal services in return for a monthly fee to be determined or hourly wages;
SATISFACTION IS OUR TOP PRIORITY THAT WE WANT TO PROVIDE TO YOU.
When your permanent legal consultancy relationship with our office is established, your attorneyship will be undertaken in your case, enforcement proceedings and works related to your company, upon your request; for these, the most appropriate wage will be determined together on the basis of each job. Our basic approach to legal consultancy to companies; It is the fulfillment of legal services in a strategic, fast, effective, solution and result-oriented manner.
ACTION FOR DAMAGES
ACTION FOR DAMAGES DUE TO FAULTY AESTHETIC OPERATION
Aesthetic medical intervention is the process of beautifying the physical appearance with medical intervention. Aesthetic surgeries are performed for the purpose of protecting body health, mental health treatment or pure beauty. For the legality of aesthetic interventions, there should be no situation that would endanger the health and life of the person concerned. As it is known, the most important issue in the health files is the distinction between whether the result is a complication or malpractice.
PHYSICIAN'S RESPONSIBILITY
Physician's Responsibility Arising from the Contract of Work
In aesthetic surgeries, an agreement is made between the physician and the patient regarding the desired result. The important thing is to be committed to a good outcome to the patient.
In other words, the objectivity of the defect is important. Only the patient's dislike of the aesthetic intervention does not lead to the responsibility of the physician.
Examples of situations that will lead to the responsibility of the doctor are the collapse of the nose of someone who has plastic surgery, the inability to breathe, or the destruction of the scalp during the operation for hair transplantation.
The doctor's behavior contrary to doctor's debts creates doctor's responsibility and the patient can file a lawsuit for material and moral damages.
RESPONSIBILITY OF HOSPITAL OPERATOR
The internal relationship between the doctor and the hospital operator does not concern the patient. If the aesthetic intervention is performed in the hospital rather than in a private clinic, the hospital operator and the doctor will be jointly and severally liable to the patient.
EXAMPLES
What are Examples of Faulty Aesthetic Surgery?
Faulty aesthetic surgeries are, first of all, interventions in which a certain aesthetic result is envisaged, as explained above. Apart from this, the operation of removing the nasal flesh, for example, for treatment purposes, will not be considered an aesthetic surgery operation.
NOSE AESTHETICS OPERATION
15th Law Department of the Supreme Court’s in a decision(2018/5312 E, 2019/139 K. and 14.1.2019 T.): “ Since the plaintiff applied to the defendant with the aim of rhinoplasty, facelift and belly fat removal, that is, for aesthetic purposes, it is clear that providing a beautiful appearance suitable for the desired and agreed purpose by performing aesthetic surgery is the subject of the contract of work between the parties. The reason for making a contract here is the emergence of a certain result. The work is the result of an effort that requires the artist's art and skill, and the contractor is under the obligation to create the work for the benefit of the work owner and without causing any harm to patient.”
15th Law Department of the Supreme Court’s in a decision(2019/2716 E, 2019/3692 K. and 30.9.2019 T.): “ In the concrete case; according to the scope of the file, it is understood that the deformity that occurred after the operation performed by the defendant and could not be removed was fixed by another expert. In defending, the defendant explained that they called the plaintiff for the second operation, but patient did not come. The defendant's act includes a final commitment according to the provisions of the contract of work regulated in the Code of Obligations, and it is understood that this commitment was not fulfilled in the first operation. Since the plaintiff, whose confidence has been shaken, cannot be expected to go to the defendant for the second operation, the expense of the plaintiff for the aesthetic operation related to the nose should be calculated with a report to be taken from a new expert committee, and the decision should be made according to the result in terms of the moral compensation claim, but it was not correct to make a decision with an incomplete examination.”
ABDOMINOPLASTY
15th Law Department of the Supreme Court’s in a decision(2020/305 E. and 2020/3086 K. and 25.11.2020 T.): “ By the court; The file was submitted to the expert committee to be formed by the faculty members of the Plastic and Reconstructive Surgery Department of the universities, taking into account that the contract between the parties is a contract of work, the contractor has a final commitment, and that the contractor does not have to be found to be defective in order to be responsible for the defect in the work contracts, as stated in the notice of reversal of the aesthetic surgery. It should be investigated whether it is done in accordance with the provisions of the contract between the parties.”
ABDOMINOL FAT REMOVAL
15th Law Department of the Supreme Court’s in a decision(2019/3257 E. and 2020/1565 K. and15.06.2020 T.): “ Since the plaintiff applied to the defendant for aesthetic purposes by removing the fat in the abdominal region, it is clear that providing a beautiful appearance suitable for the desired and agreed purpose by performing aesthetic surgery is the subject of the contract of work between the parties. The reason for making a contract here is the emergence of a certain result. The work is the result of an effort that requires the artist's art and skill, and the contractor is under the obligation to create the work for the benefit of the work owner and without causing any harm to patient.”
BREAST REDUCTION AND LIFTING
15th Law Department of the Supreme Court’s in a decision(2020/1808 E. and 2020/2925 K. and 09.11.2020 T.): “ Since the plaintiff applied to the defendant for the purpose of breast reduction and lifting (topping) and tummy tuck, that is, for aesthetic purposes, it is clear that the issues of providing a beautiful appearance in accordance with the desired and agreed purpose and concluding the process in a healthy way by performing aesthetic surgery are the subject of the contract of work between the parties. The reason for making a contract here is the emergence of a certain result. The work is the result of an effort that requires the artist's art and skill, and the contractor is under the obligation to create the work for the benefit of the work owner and without causing any harm to patient.”
BREAST AUGMENTATION
15th Law Department of the Supreme Court’s in a decision(2018/3043 E. and 2018/2820 K. and 03.07.2018 T.): “ Since the plaintiff applied to the defendant for aesthetic purposes for breast enlargement and eyelid surgery, it is clear that providing a beautiful appearance suitable for the desired and agreed purpose by performing aesthetic surgery is the subject of the contract of work between the parties. The reason for making a contract here is the emergence of a certain result. The work is the result of an effort that requires the artist's art and skill, and the contractor is under the obligation to create the work for the benefit of the work owner and without causing any harm to patient.”
LIPOSUCTION(FAT REMOVAL)
15th Law Department of the Supreme Court’s in a decision(2017/2616 E. and 2018/71 K. and 17.1.2018 T.): “ The material fact on which the lawsuit is based is the aesthetic surgery of the abdominal region to give it a beautiful appearance in accordance with the desired and agreed shape. When the legal characterization of the desired result and the facts based on it is made, it is clear that there is a contract of work relationship between the parties, which is regulated in Articles 355 and the continuation of the Law of Obligations (470 and the continuation of the Law of Obligations), therefore the dispute should be resolved according to the provisions of the contract of work.”
HAIR TRANSPLANT
15th Law Department of the Supreme Court’s in a decision(2017/2151 E. and 2017/3693 K. and 130.10.2017 T.): “ It is understood that a contract of work has been established between the parties on the subject of hair transplant surgery. Although the defendant claimed that the hair transplant done by the plaintiff was made free of charge due to the malfunctioning of him previous intervention, he could not prove her defense with legal evidence. For this reason, the plaintiff contractor is right to demand the cost of the work. The parties cannot agree on the amount of the work cost, especially since the defendant argues that it was done free of charge. There is also no written contract.”
15th Law Department of the Supreme Court’s in a decision(2007/1116 E, 2008/441 K. and 28.1.2008 T.): “ In the report of the Forensic Medicine Institute dated 14.04.2004, it has been stated that the surgical application related to hair transplantation complies with the rules of medicine, but the front hairline is not suitable for the natural hairline and that a few sessions of hair transplantation may be a general preference. Both in the document regarding the patient's discharge summary and in the testimonies of witnesses heard, it was explained that the continuation of the treatment for at least two sessions after the operation, although the plaintiff was informed, did not come to the sessions after the dressing. It should be investigated whether it is possible to complete the natural hairline in accordance with the aesthetic criteria by not continuing the treatment in this state and to perform the work in accordance with its purpose.”
ELECTIVE RIGHTS OF PATIENTS
What Are the Elective Rights of the Patient Due to Faulty Aesthetic Surgery?
There are a number of optional rights granted to the patient due to faulty aesthetic surgery. In this case, we would like to underline that the optional rights here do not belong to the doctor or the hospital.
In an erroneous aesthetic operation, the patient has the following optional rights:
ACTION FOR VICTIMS
What Should Victims of Faulty Aesthetic Surgery Do?
It is very important for people who are victims of plastic surgery to follow the whole process through a lawyer first. As PIGEON law firm, we deal with all legal processes of victims and create a correct roadmap. No action should be taken before all medical documents that are the subject of the file are collected. Otherwise, it causes the other parties to manipulate the reports and patient files.
MATERIAL COMPENSATION CASE
Material Compensation Case Due to Faulty Aesthetic Surgery
As a result of the wrongly performed Aesthetic Surgery, the patient will most likely have to perform other surgeries, so financial damages such as surgery expenses may be claimed. While determining the pecuniary compensation, the cost of the aesthetic operation, the interest fee calculated on the basis of the surgery date as a tort, transportation fees and accommodation fees can be counted.
IMMATERIAL COMPENSATION CASE
Immaterial Compensation Case Due to Faulty Aesthetic Surgery
The patient, who has suffered severe pain and suffering due to faulty aesthetic surgeries, may request compensation for the moral pain he has suffered. In the calculation of moral compensation, the social and economic status of the patient, the rate of defect in faulty aesthetics and the effect of the mistake on the patient are taken into account.
PERIOD OF LIMITATION
Period of Limitation in Faulty Aesthetic Surgery Lawsuits
Compensation lawsuits to be filed due to faulty aesthetic surgeries are subject to a 5-year statute of limitations from the date of surgery, if they are considered as "Contract of Works".