Turkey’s position at the intersection of Europe and Asia, combined with its growing economy and substantial foreign resident population, has made the country a significant hub for cross-border legal activity. Foreign nationals and international businesses engaging with the Turkish legal system face a complex regulatory environment that spans multiple branches of law, from immigration and family law to commercial transactions and real estate acquisition. An international law firm operating in Turkey provides the specialized knowledge required to navigate these intersecting legal frameworks, serving as the primary point of contact between foreign clients and the Turkish judicial and administrative systems.
The legal needs of foreign nationals in Turkey are governed by a combination of domestic legislation and international conventions. Key statutes include the Turkish Civil Code No. 4721, the Act on International Private and Procedural Law No. 5718, the Law on Foreigners and International Protection No. 6458, the International Labour Law No. 6735, the Turkish Citizenship Law No. 5901, the Land Registry Law No. 2644, and the Turkish Commercial Code No. 6102. An international law firm must maintain a working command of all these instruments and their practical application to deliver effective representation to clients operating across jurisdictional boundaries.
Family Law and International Divorce
One of the most frequently encountered cross-border legal issues in Turkey involves family law, particularly divorce proceedings with a foreign element. When one or both spouses hold a foreign nationality, or when the marriage was contracted abroad, the Family Court must first determine which country’s substantive law applies to the case. Article 14 of MÖHUK establishes a cascading system of conflict-of-laws rules for this purpose.
Article 14 of the Act on International Private and Procedural Law (MÖHUK): The grounds and consequences of divorce and legal separation are governed by the common national law of the spouses. If the spouses do not share a common nationality, the law of their common habitual residence applies. In the absence of a common habitual residence, Turkish law is applied.
An international law firm handling divorce cases for foreign clients must be prepared to identify the applicable law, advise the client on the differences between Turkish and foreign legal standards, and present the relevant provisions to the court. In practice, Turkish Family Courts often apply Turkish law when neither party provides sufficient information about the content of the applicable foreign law, making it essential for the lawyer to take a proactive role in this process.
Beyond determining the applicable law, cross-border divorce cases frequently involve the recognition and enforcement of foreign court decisions. A divorce judgment rendered abroad does not automatically produce legal effect in Turkey. The foreign decree must be submitted to a Turkish court through a recognition or enforcement proceeding governed by Articles 50 through 59 of MÖHUK. The court examines whether the judgment has become final in the country of origin, whether it conflicts with Turkish public order, and whether the respondent’s right to a fair hearing was respected during the foreign proceedings.
Immigration and Residence Permits
Foreign nationals living in or relocating to Turkey must comply with the residence permit requirements established by the Law on Foreigners and International Protection No. 6458. This statute regulates the entry, stay, and departure of foreigners in Turkey and defines several categories of residence permits, including short-term, family, student, long-term, and humanitarian residence permits.
The short-term residence permit is the most commonly issued type and covers a wide range of purposes, including property ownership, business activities, educational programs, and tourism-related extended stays. Applications are submitted to the Provincial Directorate of Migration Management, and the process involves the collection of supporting documents, biometric data registration, and an administrative evaluation that may take several weeks. An international law firm assists foreign clients in preparing and submitting these applications, responding to requests for additional documentation, and filing administrative appeals in cases where the application is denied.
The long-term residence permit is available to foreign nationals who have resided in Turkey continuously for at least eight years, or who meet the conditions established by the Migration Policies Board. Holders of a long-term residence permit enjoy rights comparable to those of Turkish citizens in many areas, including access to social services, education, and healthcare, though certain professions remain restricted to Turkish nationals under special legislation.
Work Permits and Employment of Foreign Nationals
Foreign nationals seeking employment in Turkey must obtain a work permit under the International Labour Law No. 6735. The work permit simultaneously serves as a residence permit, eliminating the need for a separate application. Work permits are issued in four categories: fixed-term, indefinite, independent, and exceptional. The fixed-term work permit is granted for an initial period of up to one year and is tied to a specific employer and workplace. Subsequent renewals may extend the permit for up to two and then three years.
An international law firm advising employers or employees on work permit matters handles the application process before the Ministry of Labour and Social Security, ensures compliance with the foreign workforce quotas applicable to certain sectors, and represents the client in administrative proceedings if the application is rejected or the permit is revoked. For employers seeking to hire foreign personnel, the firm also provides guidance on the contractual and regulatory obligations arising under Turkish labour law, including social security registration, minimum wage requirements, and termination procedures.
Turkish Citizenship Applications
Turkish citizenship can be acquired through several pathways, including naturalization after five years of continuous residence, marriage to a Turkish citizen, and investment-based acquisition. The investment route, which requires the purchase of real estate valued at a minimum of 400,000 United States dollars, has become one of the most popular channels for foreign nationals seeking Turkish citizenship. The property must remain in the buyer’s name for at least three years, and a non-sale annotation must be recorded on the title deed.
Article 12 of the Turkish Citizenship Law No. 5901: A foreign national who meets the conditions prescribed by law, including continuous residence, financial self-sufficiency, absence of threats to national security and public order, and adequate health conditions, may acquire Turkish citizenship by decision of the President.
An international law firm managing citizenship applications coordinates the collection of required documents, liaises with the General Directorate of Migration Management and the General Directorate of Population and Citizenship Affairs, and monitors the progress of the application through each administrative stage. In cases where the application is rejected, the firm may file an administrative lawsuit before the competent court seeking the annulment of the rejection decision.
Real Estate Transactions Involving Foreign Buyers
Property acquisition by foreign nationals in Turkey is regulated under Article 35 of the Land Registry Law No. 2644, which permits citizens of designated countries to purchase real estate subject to area limitations, military zone restrictions, and project development obligations for undeveloped land. An international law firm conducting due diligence on behalf of a foreign buyer verifies the legal status of the property, confirms that the buyer’s nationality is eligible for acquisition, checks for encumbrances or liens on the title deed, and ensures compliance with the 30-hectare per-person ceiling and the ten percent district-level cap.
The title deed transfer process requires the preparation of specific documents, including a property valuation report issued by a licensed appraisal firm, a foreign exchange purchase certificate from a Turkish bank, compulsory earthquake insurance for residential properties, and the buyer’s passport with a certified translation. For buyers who are not physically present in Turkey, the transfer can be conducted through a lawyer holding a special power of attorney obtained at a Turkish consulate. An international law firm oversees the entire transaction, from the preliminary agreement to the registration of the deed at the Land Registry Directorate.
Commercial Law and Foreign Investment
Turkey’s commercial law framework, centered on the Turkish Commercial Code No. 6102, provides a modern and comprehensive regulatory environment for business formation and corporate governance. Foreign nationals and foreign-owned entities may establish limited liability companies, joint-stock companies, branch offices, and liaison offices in Turkey, subject to registration with the relevant Trade Registry and compliance with the notification requirements of the Direct Foreign Investment Law No. 4875.
An international law firm advising foreign investors on commercial matters handles company formation, drafting of articles of association, appointment and registration of directors, shareholder agreements, and ongoing corporate compliance. The firm also assists with the preparation of commercial contracts, distribution and franchise agreements, licensing arrangements, and joint venture structures. In cases of commercial disputes, the firm represents the client before the Commercial Courts or in arbitration proceedings, including international arbitration under the rules of the International Chamber of Commerce or other institutional frameworks.
Recognition and Enforcement of Foreign Judgments and Arbitral Awards
Foreign court judgments and arbitral awards do not automatically have binding force in Turkey. A party seeking to enforce a foreign judgment must file a recognition or enforcement action before the competent Turkish court, which examines the judgment against the conditions set out in MÖHUK. For arbitral awards, Turkey is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards of 1958, which provides a streamlined enforcement framework subject to limited grounds for refusal.
An international law firm handling enforcement matters prepares the application, obtains certified copies and translations of the foreign decision, and represents the client throughout the court proceedings. The firm also advises on potential challenges to enforcement, including public order objections, jurisdictional issues, and procedural irregularities in the original proceedings.
Inheritance and Succession Involving Foreign Nationals
When a foreign national dies leaving assets in Turkey, or when a Turkish national dies leaving heirs who are foreign citizens, the succession process involves questions of applicable law, jurisdictional competence, and cross-border asset administration. Under Article 20 of MÖHUK, inheritance is governed by the national law of the deceased at the time of death. However, immovable property located in Turkey is subject to Turkish law regardless of the deceased’s nationality.
An international law firm advising foreign heirs manages the process of obtaining a certificate of inheritance from the Turkish courts, assists with the transfer of title deeds and bank accounts, and ensures that the estate is administered in compliance with both Turkish law and the applicable foreign law. In cases where the foreign heir’s nationality does not permit property ownership in Turkey, the firm advises on the liquidation of the inherited property and the repatriation of the proceeds.
International Law Firm in Istanbul – Attorney Ozan Soylu
Attorney Ozan Soylu is a practicing lawyer based in Istanbul, providing legal services to foreign nationals and international businesses across a wide range of practice areas. His firm handles cross-border family law disputes, immigration and residence permit applications, citizenship proceedings, real estate transactions, commercial law matters, and the recognition of foreign court decisions within the Turkish legal system.
For all legal matters concerning Turkish law, you can reach out to Attorney Ozan Soylu. Legal consultancy and representation services are provided with a dedicated approach for foreign nationals. To submit your questions, contact us.
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