STATELESS PERSONS

STATELESS

Stateless person, within the scope of Article 3 of the LFIP; It is defined as "a person who is not bound to any state by citizenship and is considered a foreigner". The Foreigners and International Protection Law No. 6458 and the Regulation on the Implementation of the Foreigners and International Protection Law include comprehensive regulations regarding stateless persons.

Since stateless persons are not citizens of a state, they cannot benefit from the diplomatic protection of any state due to any act against their person or property that is against international law. For this reason, stateless persons generally have the legal status of foreign persons in the countries where they are present; They are exempt from the reciprocity requirement required by Turkish law in transactions regarding foreigners.

The "Convention on the Reduction of Situations of Statelessness", to which Türkiye was a party in 1975 and adopted by the Council of Europe Commission on Personal Status in 1954, is also a party to which Türkiye became a party in 2014; The "Convention on the Legal Status of Stateless Persons", adopted in 1954 upon the initiative of the United Nations, and all similar international agreements were signed with the aim of ensuring that stateless people, who do not have the chance to benefit from any diplomatic protection, benefit from all human rights as much as possible at the level of a citizen. He is obliged to obtain the certificate. In this regard, the first action to be taken about the stateless person is the determination of statelessness. The determination of statelessness is made by the General Directorate of Migration Management. Following the identification process, these persons are given a "Stateless Person Identification Document" issued by the governorships, again with the approval of the General Directorate of Migration Management. With this document, stateless persons have a "foreign identification number". However; Those who are treated as stateless persons by other countries cannot benefit from the right to obtain a stateless person identification document. The stateless person identity document is not subject to any fees and is renewed by the governorships every two years.

In order for people to obtain a stateless person identity document in the Republic of Turkey, the procedures and conditions consisting of the following stages must be fulfilled. These stages:

1. Application Stage:

People who come to Turkey as stateless or who lost their citizenship while in Turkey apply to the governorship to determine their status.

These applications are made in person. Applications for minor children can be made by the mother or father, or in their absence, by an appointed guardian or trustee.

Applications made to law enforcement units or other public institutions or organizations within the country or at border gates are immediately reported to the governor's office.

The applicant is given a reasonable period of time to submit documents that will form the basis for his claim that he is a stateless person. The statements of those who cannot submit any documents regarding their identity may be taken as basis.

For those whose applications are accepted, an application document is issued, which is valid until the decision to be made about them, and is not subject to any fees. The legal stay permit used based on this document is not taken into account in calculating the total residence permit period.

Applications of people who carry a stateless person identity document or stateless passport of another country are not processed.

The requests of those who apply for a residence permit from Turkey while holding a stateless person identity document of another country are finalized within the framework of general provisions and under all circumstances, they must carry a valid document instead of a passport or passport. It is mandatory.

2. Interview Stage:

After the application and registration procedures are completed, an interview will be held within fifteen days at the latest, except for compelling reasons. The report prepared as a result of the interview is sent to the General Directorate for decision-making, together with the opinion of the governorship.

During the interview, attention is paid to clarify the following issues:

When and by what means they entered the country.

Whether they have relatives in the country, if so, where they live.

How they earn their living.

Process regarding his/her statelessness.

Determining the citizenship of the country he/she previously held and revealing the relevant documents.

Determining whether he/she has requested stateless person status from another country; If the request has been made and rejected, the reasons for this and the investigation of the relevant information and documents.

Whether it is possible to regain the citizenship of the country he lost.

3. Stage of Determination of Statelessness:

The General Directorate completes the determination of whether the person is stateless within ninety days at the latest, by taking the opinions of relevant institutions and organizations when necessary.

The principles to be followed in determining statelessness are as follows:

The person is requested to provide information and documents showing that he/she has no citizenship ties with any country.

The information and documents are requested in person. In cases where it cannot be brought, the provisions in the citizenship legislation of the relevant country may be accepted as evidence.

The General Directorate may, when necessary, request information and documents from the country where the person previously held citizenship.

For foreigners who are suspected of being a hidden population during the research, the provincial/district population and citizenship directorates are first contacted and an examination is carried out to determine whether they are a hidden population.

4. Issuance of Stateless Person Identity Document:

The form and content of the Stateless Person Identity Document are determined by the General Directorate.

WORK PERMIT AND RESIDENCE PERMIT ISSUES

The stateless person identification document also "replaces the residence permit" and therefore stateless persons are considered exempt from the residence permit. However, their right to subsequently apply for other residence permits issued within the scope of Law No. 6458 is reserved; In terms of work permits, they are subject to the provisions of the Law on Work Permits for Foreigners within the scope of Law No. 4817. The periods spent in Türkiye with a stateless person identity document are taken into account in the summation of residence periods.

PASSPORT ISSUE

People who have a stateless person identity document can obtain a passport with a stamp specifically for foreigners by taking advantage of Article 18 of the Passport Law No. 5682.

CANCELLATION OF STATELESSNESS AND DEBORDER. REMOVAL

The stateless person identification document can be canceled in a few exceptional cases.

First of all, the Stateless Person Identity Document loses its validity when the stateless person acquires the citizenship of any country. On the other hand; The Stateless Person Identity Certificate will be canceled if it is understood that the person has submitted false information and documents in his application or if a decision is taken to deport him on the grounds that he poses a serious threat to public order and security.

Another issue that is specific about stateless people is; Persons with a stateless person identification document cannot be deported unless they pose a serious threat to public order and security due to their lack of diplomatic protection.

FOR MORE DETAILED INFORMATION AND LEGAL ASSISTANCE, YOU CAN CONTACT OUR OFFICE THROUGH OUR CONTACT NUMBERS.