Stateless Persons

Introduction

Foreigners who are not affiliated with any country or who are citizens of countries that are not recognized by Turkey will be considered "stateless" foreigners in accordance with international legislation. The definition merely aims to address the understandable need to secure a sense of stability for the individual, since the only way to find a stable life against open repression is to run away from it. Generally speaking, it applies to people whose interests are pitted against those of the government's policies. And for that reason, they flee persecution in their own country and seek asylum here. This type of asylum has a key difference from the usual international protection methods: "refugee" or "conditional refugee." And that is, stateless persons are persecuted by their state for their religion, culture, ethnicity, or any other related factor. And are rather subject to different laws or treatments by the "incumbent state/government." For instance, Human Rights Watch states that the Rohingyans are effectively stateless.

Foreigners who do not have the rights of citizens in the countries they live in will also be considered within this scope. Unlike our other articles, we will cover the topic in a question-and-answer format.

What are the principles that foreigners eligible for the "stateless person" application must have?

• For people who are already "stateless" when they come to Turkey, statelessness is determined by various factors. But the critical take is, like we mentioned below, the open repression and discrimination applied to the group of people.

• Persons who have lost their citizenship while in Turkey. This can be done by renunciation of citizenship. This can happen willingly or unwillingly.

Who is authorized to apply for a "stateless person"?

• Adults and mentally capable people apply to the governor's office in order to determine the status of "stateless persons." Applications must be submitted in person.

• However, applications for children who are not adults or minors will have to be made by the mother or father. In the absence of parents, it should be understood that applications can be made by the guardian or trustee in question, since a guardian/trustee will be appointed by law.

Where do I apply for an application for "stateless person"?

• It is possible for a "stateless person" to apply to law enforcement units or other public institutions or organizations within the country or through border gates. Applications made by a "stateless person" to these institutions must be reported to the governor's office immediately.

• In general, since the procedure necessitates an urgent reaction, normal checks such as border entry, visa, visa exemption or visa substitution, and lastly passport may not be demanded. However any paper used for identification is better to have.

What are the documents subject to the "stateless person" application?

• For the "stateless foreigner" whose application is accepted, an application document is issued, which is valid until the positive/negative decision is made about them, and is not subject to any fee.

I received the residence permit subject to the "stateless person" application, Will my stay in Turkey be taken into account in the "citizenship application" or "long-term residence permit"?

• The legal stay permit used on the basis of this document is not taken into account in the calculation of the total residence permit period. Therefore, the periods of stay in the country by the "stateless person" do not meet the condition of continuous and uninterrupted time within the country in any application. This means the time that a "stateless person" spends inside Turkey will not be taken into account for long term residence like other residence permits, such as family, student, or other short term residence permits.

I applied for a "stateless person" application in another country, can I apply for a passport for those who are "stateless persons" in Turkey?

• Applications from people holding a "stateless person" identity document or "stateless passport" from another country will not be processed. This means particular application can only be done through one country. The country that accept the application now assumes the role of host country and once stateless person obtains a passport from any country he/she relents from the right to apply to another country's stateless application procedure.

I applied for the "stateless person" application in another country, and I have a passport for those who are "stateless persons." Can I apply for a residence permit in Turkey?

• The requests of those who apply for a residence permit from Turkey while having a stateless person identity document of another country are concluded within the framework of the general provisions and they are obliged to carry a passport or a valid document instead of a passport under all circumstances. This means that stateless person can now apply for any type of relevant residence permit within Turkey.

How long will the interview take for "stateless person" applications?

• After the "stateless person" application is submitted, the registration process must be completed first.

• After the application registration is completed, an interview is held within fifteen days at the latest, except for mandatory reasons. Therefore, the 15-day period is not mandatory.

• The report prepared as a result of the interview is sent to the General Directorate for a decision, together with the opinion of the governorship.

They interviewed me on my "Stateless Person" application. But what will they pay attention to in the interview? What topics will they ask? What will they try to clarify?

Registration of the "stateless person" application, and upon completion of this application, is called for an interview. In the interview with the "stateless person", the following points will be clarified:

• When he entered the country as a "stateless person",

• By what means he entered the country by a "stateless person",

• Whether the "stateless person" has relatives in the country,

• If the "stateless person" has relatives in the country, where they live,

• How the "stateless person" earns his livelihood,

• The process by which a "stateless person" becomes stateless,

• Determination of the citizenship of the country previously held by the "stateless person", and revealing the relevant documents,

• Determining whether the "stateless person" has made a request for stateless person status from another country, and if the request has been made and rejected, the reasons for this and the relevant information and documents are investigated,

• During the interview, it will be clarified whether the "stateless person" has the opportunity to regain the citizenship of the country he has lost. With regard to the above-mentioned issues, the administration has the responsibility to conduct research. For this reason, the foreigner who will participate in the interview should be prepared for these questions. Already, naturally, they are issues that need to be addressed during the study of the topic.

  How long does it take to determine statelessness?

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

How can statelessness be determined?

• Information and documents showing that the "stateless person" does not have citizenship ties with any country are requested.

• In cases where information and documents cannot be brought in person by the "stateless person," the provisions contained in the citizenship legislation of the relevant country may be admitted as evidence.

• If necessary, the administration may request information and documents from the country in which the "stateless person" previously held citizenship.

• It is likely that not every foreign applicant will provide accurate information. For this reason, a secret population search is carried out on foreigners who are suspected of concealing the truth. This research is carried out by contacting the provincial/district population and citizenship directorates for a detailed examination of the situation of foreigners.

Is there a fee for issuing a Stateless Person Identity Document? What are the rights it provides? Is the document or application subject to fees?

• Those who are determined to be stateless by the governorships are given a Stateless Person Identity Document. This document is not subject to any fees.

How long is the stateless person identity document valid for? Is renewal required?

• As long as the state of statelessness continues, this document will be renewed every two years. The stateless person will lose his right when it is understood that he has acquired citizenship in the process or that his situation will not be suitable for obtaining this document.

What are the rights provided by the Stateless Person Identity Document?

• They can apply for one of the residence permits that meet the conditions.

• They are not deported unless they pose a serious threat to public order or public safety.

• They are exempted from the reciprocity requirement.

• They are subject to the provisions of the Law on Work Permits of Foreigners in works and transactions related to work permits.

• Within the framework of the Passport Law, they can obtain passports for foreigners.

• The Stateless Person Identity Document is canceled when a deportation decision is taken against the person on the grounds that he or she has submitted untrue information and documents in his citizenship acquisition or application, or on the grounds that he poses a serious threat to public order or public security.