The foreign nationals’ law regime in Türkiye has gained a structure that is both modern and human rights-oriented, yet strictly protective of the state’s sovereign powers, particularly with the Law on Foreigners and International Protection (LFIP) No. 6458, which came into force in 2013. The most fundamental rule of this regime is the requirement for a foreign national to have a valid legal basis (visa, visa exemption, residence permit, work permit, or international protection status) to be present on Turkish territory. The loss or total absence of this basis triggers a process defined in our legal system as “irregular migration,” which is subject to severe administrative sanctions.

1.1. Loss of the Right to Legal Stay and the Concept of “Violation”

The presence of a foreign national in Türkiye without a residence permit can arise in two ways. The first is when a person enters the country through legal means (with a visa or visa exemption) but fails to apply for a residence permit at the end of the granted period or has their application rejected. The second is entering the country through illegal means (border violation). In both cases, the foreign national may evolve into an “undesirable person” status in terms of public order. The legislator does not view a foreign national without a residence permit merely as a “rule-breaker” but also as an element that paralyzes the state’s border security and demographic control mechanisms.

1.2. Removal (Deportation) Decision: Mechanism and Judicial Remedies

Article 54 of the LFIP mandates the issuance of a Removal Decision for foreign nationals who lack or have had their residence permits cancelled. This decision is a unilateral and executive act of the administration (Governorates). However, this process is not absolute or unlimited.

• Principle of Non-Refoulement: A foreign national to be deported cannot be removed, even if they lack a residence permit, if they would be subjected to torture, inhuman or degrading punishment, or treatment in the country to which they would be sent. This is a peremptory norm of international law and the precedents of the Constitutional Court.
• Judicial Remedy and Suspensive Effect: A foreign national notified of a removal decision may file a lawsuit in the administrative court within 7 days of notification. One of the strongest aspects of the Turkish system is that filing this lawsuit automatically stays the removal process. In other words, the foreign national cannot be removed from the country until the trial is concluded. However, it should be noted that in exceptional cases, such as membership in a terrorist organization or a serious threat to public safety, this suspensive effect may not always apply.

1.3. Administrative Detention and Removal Centers (GGM)

The restriction of liberty, namely Administrative Detention, of foreign nationals without a residence permit until their removal proceedings are completed is one of the most controversial points of the application. Administrative detention is not a “prison sentence”; it is an administrative measure.

• Conditions: Those at risk of absconding or disappearing, those who violate entry-exit rules, or those posing a threat to public safety are transferred to Removal Centers (GGM) by the decision of the Governorate.
• Duration and Supervision: The duration of administrative detention is a maximum of 6 months; however, it can be extended for an additional 6 months if the foreign national fails to cooperate. The foreign national or their lawyer may apply to the Criminal Judge of Peace against this detention decision to request “release.” The judge may terminate the detention by considering factors such as the foreign national having a registered address in Türkiye or a stable life, substituting it with an “invitation to leave” or “signature obligation.”

1.4. Economic Sanctions: Administrative Fines and the Collection Regime

Economic sanctions are applied to foreign nationals who violate residence rules, in addition to physical sanctions. An administrative fine, calculated based on the tariffs determined for each day of violation, is recorded in the foreigner’s record.

• Visa Violation Fine: The foreign national is obliged to pay this fine when exiting the country. If they exit without paying the fine, a temporary entry ban decision is issued against them.
• Restriction Codes (V, G, Ç Series): “Restriction codes” are imposed on foreign nationals who are caught without a residence permit or who fail to pay the fine. For example, the Ç-114 code indicates that a lawsuit has been filed against the individual and their entry is subject to prior authorization. These codes act as “blacklisting” markers attached to the foreign national’s digital identity, hindering all future visa applications.

1.5. Entry Bans and Preclusive Effects

Depending on the duration of the residence violation (10 days, 3 months, 1 year, etc.), a foreign national may be banned from entering Türkiye for a period ranging from 1 month to 5 years. In some extreme cases (breach of public order), this period can be extended up to 10 years. This ban makes it impossible for the foreign national to enter Türkiye not only as a tourist but even for purposes such as family reunification or education.

1.6. Necessity of Administrative Supervision

In conclusion, being present in Türkiye without a residence permit pushes the individual outside the shield of legal protection. Although fundamental human rights (right to life, prohibition of torture) remain intact, the foreign national is forced to live in an “administrative vacuum.” To maintain public order, the State reserves the right to remove (deport) this foreign national from the system at any time. The analysis in this section demonstrates that not having a legal status in Türkiye is not merely a lack of documentation; it is a series of legal risks where an individual’s liberty can be restricted at any moment, and they may be removed from the country.

EMPLOYMENT WITHOUT A RESIDENCE PERMIT: LABOR LAW DYNAMICS, RIGHTS, PROHIBITIONS, AND JUDICIAL PROTECTION

The participation of foreign nationals in the Turkish labor market is strictly regulated under the International Labor Law No. 6735. A common misconception in this field is the assumption that a residence permit and a work permit are interchangeable. In the Turkish legal system, however, these two permits are overseen by different public authorities, and holding a residence permit does not automatically grant a foreign national the right to work. Engaging in employment without a residence permit—often referred to as “undocumented” or “illegal” status—is a prohibition subject to severe sanctions under public law. Nevertheless, a distinct protective shield has been developed under private law (Labor Law) in accordance with the principle of the protection of labor.

2.1. “Legal Permeability” Between Work and Residence Permits

To work in Türkiye, foreign nationals must obtain authorization from the Ministry of Labor and Social Security. Generally, a foreign national without a residence permit must hold a valid residence permit for at least six months to apply for a work permit (subject to certain exceptions). Therefore, it is technically impossible for someone without a residence permit to obtain a work permit directly. However, once a legal work permit is obtained, it also serves as a residence permit pursuant to Article 27 of the LFIP. Any “service” rendered by a foreign national who falls outside this cycle—possessing neither a residence nor a work permit—is considered the most extreme form of “unregistered employment” in the legal system.

2.2. Consequences of Unauthorized Employment Under Public Law

A foreign national working without residence and work permits is considered to have bypassed the state’s regulatory mechanisms. This carries heavy costs for both the employer and the employee:

• Administrative Fines: Substantial fines, updated as of 2026, are imposed on employers for each undocumented worker. The foreign worker is also subject to an individual administrative fine.
• Grounds for Deportation: Working without authorization is deemed a “violation of the conditions of legal stay” and a “breach of public order” under the LFIP, constituting sufficient sole grounds for the immediate deportation (removal) of the foreign national.
• Recurring Violations: If a workplace persistently employs unauthorized foreign nationals, administrative measures such as temporary closure of the premises or cancellation of business licenses may be implemented.

2.3. Invalidity Under Private Law and the Protection of Labor

In legal theory, contracts concluded in violation of the mandatory provisions of the law are deemed “void” (batıl). Consequently, an employment contract made with an undocumented foreign national is legally invalid as it contravenes public order. However, the Turkish judiciary, particularly the Court of Cassation (Yargıtay), has established a balance between “formal law” and “substantive justice” at this juncture.

• Principle of De Facto Employment: According to the settled precedents of the Court of Cassation, even if the employment contract is invalid, if a foreign worker has actually provided labor, they are entitled to compensation for that labor. An employer cannot act in violation of the principle of good faith by claiming, “You did not have a work permit; therefore, our relationship was unlawful, and I will not pay you.”
• Labor Claims: An undocumented foreign national may seek through litigation their unpaid wages, overtime pay, annual leave pay, and—if conditions are met—severance and notice pay. In these cases, the court focuses on the duration and nature of the work actually performed rather than the invalidity of the contract.

2.4. Occupational Accidents and Social Security Liability

An occupational accident involving a foreign national without a residence permit is a legal nightmare for the employer. The social security system covers unregistered workers but holds the employer financially responsible:

• Recourse Actions: The Social Security Institution (SGK) covers all treatment costs of the injured foreign national and grants disability benefits if necessary. However, because an “undocumented worker” was employed, the institution seeks full reimbursement (recourse) of all expenditures, plus interest, from the faulty employer.
• Pecuniary and Non-Pecuniary Damages: The foreign worker, or their relatives in the event of death, may file a lawsuit for damages against the employer. The courts do not view the lack of legal status as an impediment to compensation, as the obligation to take occupational health and safety measures is independent of the worker’s nationality or permit status.

2.5. Union Rights and Freedom of Association

While union rights for undocumented foreign workers theoretically exist, they are practically unusable due to the fear of deportation. Under International Labour Organization (ILO) principles, every worker has the right to organize. In Türkiye, there is no de jure obstacle to this right; however, since participating in union activities increases the risk of disclosure and subsequent deportation, this right remains a “dead letter” for those without a residence permit.

2.6. Conclusion: Unauthorized Employment as a “Legal Contradiction”

Ultimately, working without a residence permit in Türkiye embodies a paradox. While the state pursues the individual to “deport them upon detection,” the courts “protect them against the employer” by ordering the restitution of the value of their labor. This reflects the tension between the enforcement of public law (state authority) and the protection of private law (interpersonal justice). For the foreign national, unauthorized employment is a “shadow economy” existence, devoid of social security and clouded by the constant fear of removal. Yet, by refusing to treat this “shadow labor” as non-existent, the law fulfills the requirements of a modern constitutional state.

OPERATING A BUSINESS, CORPORATE PARTNERSHIP, AND COMMERCIAL ACTIVITIES WITHOUT A RESIDENCE PERMIT

The policy of encouraging foreign investment in Türkiye has brought about a highly flexible framework regarding the participation of foreign nationals in commercial life, yet a concurrently rigorous set of rules governing operational processes. For a foreign national to be part of a commercial structure in Türkiye without a residence permit is positioned on the fine line between the “right to hold capital” and the “prohibition of de facto management” within our legal system. This section analyzes the legal opportunities and the obstacles encountered by foreign nationals without residence permits in the processes of establishing a company, becoming a partner, and managing these businesses.

3.1. Investment Freedom and the Right to Incorporate

Pursuant to the Foreign Direct Investment Law No. 4875, Türkiye has adopted the principle of “equal treatment.” In accordance with this principle, there is no requirement for foreign natural persons to legally reside in Türkiye in order to establish a company or become a partner in an existing company in Türkiye.

• Legal Status: A foreign national can establish a limited liability or joint-stock company in Türkiye by arriving from anywhere in the world (or by sending a power of attorney). For trade registry procedures, a translated passport and a tax identification number are sufficient; a residence permit is not required.
• Right of Ownership: Owning shares in a company is a property right. Therefore, a foreign national without a residence permit can be the 100% owner of a Turkish company, receive dividends, and assert rights over company assets. However, this status does not grant the individual the right to “physical labor” under the umbrella of that company.

3.2. The Conflict Between De Facto Management and the Concept of “Work”

The point where sanctions begin is the distinction between a foreign national without a residence permit being the owner of a company and “operating” (managing) that company in person. According to the International Labor Law No. 6735, foreign nationals working independently in an enterprise must obtain an “independent work permit.”

• Back-Office and Operations: If a foreign partner personally performs sales in a shop belonging to the company, enters the kitchen in a restaurant, or carries out operational tasks in an office, this is considered “de facto work.” In the absence of a residence permit and a corresponding work permit, this situation is characterized as “unauthorized work,” and heavy administrative fines are imposed on both the individual and the legal entity (the company).
• Business License and Work Permits: In applications for “Business Opening and Operation Licenses” required for opening a workplace within municipal boundaries, residence and work permits are requested from a foreign national establishing a sole proprietorship. Legally, a foreign national without a permit is prohibited from opening a business in their own name (as a sole proprietor).

3.3. Company Directorship and the Problem of Signature Authority

The status of foreign nationals who are directors in limited liability companies or board members in joint-stock companies is the area where commercial law and foreigners’ law overlap most frequently.

• Right to be Appointed as Director: The Turkish Commercial Code does not require a residence permit for a foreign national to be appointed as a company director. However, if the foreign director is not resident in Türkiye or lacks a residence permit, they cannot personally manage the company from within Türkiye.
• Mandatory Work Permit: If a foreign partner is to reside in Türkiye and manage the company in the capacity of a company director, it is mandatory to obtain a “Work Permit for Company Partners.” To obtain this permit, the company must meet certain capital and employment quotas (e.g., the requirement to employ five Turkish citizens). If someone without a residence permit bypasses this process and performs de facto management, they face the risk of deportation under Article 54 of the LFIP on the grounds of “violation of public order.”

3.4. Validity of Commercial Transactions and Contracts

As a rule, commercial transactions (purchase of goods, sales, issuance of invoices) carried out by an enterprise operated by a foreign national without a residence permit are valid.

• Contractual Capacity: The lack of a residence permit does not eliminate a foreign national’s capacity to conclude contracts (de facto capacity). A third party purchasing goods from this enterprise cannot evade their debt by claiming, “The operator did not have a residence permit; therefore, the contract is invalid.”
• Tax Liability: The State collects taxes even from an “unauthorized” operator. From the perspective of the Tax Procedure Law, the establishment of tax liability depends on whether the commercial activity actually takes place, not on whether the person has a residence permit. However, the payment of taxes does not legalize the act of “unauthorized work/operation”; it is merely considered the fulfillment of a financial obligation.

3.5. Banking and Financial Access Barriers

In practice, the greatest obstacle to a foreign national without a residence permit operating a business is “compliance” policies. Under legislation for the prevention of laundering proceeds of crime, banks refrain from opening commercial accounts for foreign nationals who do not present a valid residence permit. It is nearly impossible for a business without an account to survive in today’s commercial world (POS devices, EFT/wire transfer transactions). This situation pushes the foreign national without a residence permit into an unregistered, cash-based, and consequently “illegal” sphere.

3.6. Conclusion: Investor or Unauthorized Operator?

In conclusion, “owning a business” in Türkiye without a residence permit is a legal right; however, “personally operating that business” is an administrative offense. While the legal system allows foreign capital to enter (through company partnership), it stipulates that the person who will lead this capital must be regulated (via residence and work permits). A foreign national conducting commercial activities without a residence permit is held liable under tax and obligations law on one hand, while living under the constant threat of deportation and the closure of their business due to lack of licensing on the other. This situation constitutes one of the most high-risk areas for the “legal security” of foreign investors.

THE VALIDITY OF LEGAL TRANSACTIONS PERFORMED WITHOUT A RESIDENCE PERMIT

The capacity of a foreign national who does not possess a residence permit in Türkiye to engage in legal transactions is the point where the distinction between “public law prohibitions” and “private law liberty” is most acute in legal doctrine. The absence of a legal basis for a foreign national’s stay in the country does not terminate their status as a “legal subject” (legal persona) or their legal capacity. This section examines, from an academic perspective, the validity regime of contracts, property acquisitions, and family law transactions involving foreign nationals without residence permits within the framework of the Turkish Code of Obligations and related legislation.

4.1. Legal Capacity and Capacity to Act: A Status Independent of Residence Permits

Pursuant to Article 8 of the Turkish Civil Code, every human being possesses legal capacity (hak ehliyeti). Foreign nationals, subject to the principle of “reciprocity” and legal restrictions, have legal capacity similar to that of Turkish citizens. The lack of a residence permit is not a state of “incapacity” that prevents a foreign national from being a party to a contract, incurring debt, or acquiring rights.

• Capacity to Act (Fiil Ehliyeti): Every foreign national who possesses the power of discernment and is of age can create debts and acquire rights through their own actions, regardless of whether they have a residence permit. Consequently, a promissory note signed, a promise to sell made, or a debt relationship entered into by an “undocumented” foreign national is not crippled by “non-existence” or “nullity” (butlan) solely due to the lack of a residence permit.

4.2. Validity of Contracts and the Debate on Illegality

Article 27 of the Turkish Code of Obligations states that contracts whose subject matter is “contrary to the mandatory provisions of the law, morality, public order, or personal rights” are absolutely null and void. However, the “illegality” mentioned here pertains to the content and purpose of the contract; it does not relate to the administrative status of one of the parties.

• Lease Agreements: It is legally valid for a foreign national without a residence permit to rent a house. Under the lease agreement, the tenant is obliged to pay the rent, and the landlord is obliged to deliver the property. The fact that the landlord may receive an administrative fine for failing to report the foreign national, or that the foreign national may be deported, does not affect the initial validity of the contract. If the foreign national is deported, the contract terminates under the provisions of “impossibility of performance.”
• Service and Construction Contracts: As mentioned in previous sections, although employment contracts made without a work permit are prohibited under public law, private law protection continues regarding the right to demand compensation for the labor performed.

4.3. Real Estate Acquisition and Property Rights

The acquisition of immovable property (houses, land) by foreign nationals in Türkiye is regulated by Article 35 of the Title Deed Law No. 2644. The law does not require “holding a residence permit” for the acquisition of real estate (except for citizens of certain specific countries).

• Title Deed Transfer: An undocumented foreign national can go to the title deed office with a valid passport and tax identification number to have the property registered in their name. The Land Registry Director is not obliged to ask, “Do you have a residence permit?”; their duty is to control the transfer of ownership within the framework of legal restrictions (military forbidden zones, the 10% limitation, etc.).
• Result: The acquired immovable property does not automatically grant the foreign national a residence permit. Even if the individual is deported after the purchase, they continue to be the owner of the immovable property in Türkiye. They may sell or lease their property through an attorney-in-fact. The right of ownership is under Constitutional protection, independent of administrative status.

4.4. Family Law Transactions: Marriage and Recognition

Transactions of foreign nationals without residence permits in the field of family law are also widely accepted as valid.

• Marriage: It is sufficient for a foreign national wishing to marry before Turkish authorities to present a valid passport; a residence permit is not required. This marriage creates legal consequences under both Turkish law and the national law of the foreign national.
• Lineage and Recognition: A foreign father in undocumented status can recognize his child born in Türkiye at the civil registry office. This action establishes paternity and safeguards the rights of the child. The “illegality” created by the administrative situation does not constitute an obstacle to the legal registration of familial bonds.

4.5. Practical Obstacles Encountered in Legal Transactions

Although transactions are theoretically valid, the lack of a residence permit may make the “performance of obligations” practically impossible:

• Notary Procedures: Some notaries may refrain from performing transactions on the grounds that “residency” cannot be confirmed if a residence permit is not presented. However, this is a matter of practice rather than the legality of the transaction.
• Subscriptions and Banking: It is nearly impossible to open a bank account or start electricity or water subscriptions without a valid residence card (Foreigner Identity Number starting with 99). This situation hinders the “intended use” of the lease agreement made by the foreign national.

4.6. Conclusion: The Impact of Administrative Violation on Private Law

In conclusion, the absence of a residence permit in Türkiye does not push the foreign national into a “lawless zone.” The legal transactions performed are valid and binding under the Law of Obligations as long as the wills of the parties are not impaired. However, if the “survival” of these transactions depends on the physical presence of the person in the country (e.g., a service contract or the lease of a house to be resided in personally), a deportation decision terminates these transactions “factually, not legally.” The legal system does not punish the foreign national’s administrative fault by completely disregarding their property rights and freedom of contract; however, it allows administrative sanctions to take precedence over these liberties.

LEGAL CONSEQUENCES OF PRESENCE IN TÜRKİYE WITHOUT A RESIDENCE PERMIT

In the final installment of this comprehensive series on Turkish foreigners’ law, we examine the cumulative effects of the absence of a residence permit on an individual’s life, the resulting forfeiture of rights, and the strategic implications of this status. As emphasized in previous sections, the lack of a residence permit is not merely a “documentary deficiency”; it is the transformation of an individual’s presence within the legal order into an “administrative risk.”

5.1. Freedom to Seek Justice and Access to Courts

Pursuant to Article 36 of the Constitution, “Everyone has the right of litigation either as plaintiff or defendant and the right to a fair trial before the courts through legitimate means and procedures.” This right is equally applicable to foreign nationals.

• Right of Litigation: A foreign national without a residence permit may initiate a lawsuit in Turkish courts for any injustice suffered (e.g., a debt recovery action or compensation for an occupational accident). The absence of a residence permit is not a “procedural deficiency” that prevents the filing of a lawsuit.
• Security for Costs (Cautio Judicatum Solvi): The requirement for foreign nationals to provide security when filing a lawsuit in Türkiye is determined by the principle of reciprocity. An undocumented foreign national may be exempted from this security if a reciprocity agreement exists between their home country and Türkiye.
• Representation Issue: The most significant risk is the deportation of the foreign national while the trial is ongoing. In such a case, the foreigner cannot personally follow the proceedings and must be represented by an attorney.

5.2. Access to Public Services and Loss of Social Rights

In Türkiye, a residence permit allows a foreign national to obtain a “Social Identity Number” (Foreigner Identity Number starting with 99). The absence of this number makes access to many fundamental services provided by the state impossible:

• Healthcare Services: A residence permit is mandatory to fall under the scope of General Health Insurance (GSS). Without it, except for emergencies, a foreign national cannot benefit from public hospitals free of charge or as an insured individual. In private hospitals, they are billed at “tourist” rates, incurring high costs.
• Right to Education: For the enrollment of foreign children in public schools, parents must hold a valid residence permit. Families without a permit face immense difficulties even in registering their children as “guest students,” resulting in a de facto impediment to the right to education.

5.3. Barriers to Basic Infrastructure and Banking Services

In the modern world, a bank account and basic utilities (electricity, water, internet) are essential for economic survival.

• Banking: Under BRSA (BDDK) and MASAK regulations, banks do not open accounts for foreign nationals who do not present a “valid identity document and residence permit.” This prevents the individual from securing their funds, receiving a salary, or executing commercial payments.
• Subscriptions: Even if an individual legally rents a house, they cannot initiate electricity, water, or natural gas subscriptions in their own name without a residence permit. This forces the individual into unregistered methods or putting subscriptions in the name of others, which invites new legal risks, such as penalties for irregular use.

5.4. Restriction Codes and the Risk of Future “Entry Bans”

The duration spent without a residence permit is recorded in the foreign national’s digital record.

• V-84 (Entry Subject to Payment): This code is imposed if the foreign national exits the country without paying the administrative fine.
• G-82 (National Security): One of the most difficult codes to revoke, imposed on foreign nationals perceived to have disrupted public order. These codes and bans can permanently impair not only the individual’s present situation but also all future ties they may establish with Türkiye, including marriage, business, or tourism.

5.5. Legal Security and Risk of Exploitation

A foreign national without a residence permit becomes vulnerable to exploitation because they feel “factually” deprived of legal protection.

• Employer Exploitation: Employers may subject foreign nationals to low wages and poor conditions under the threat of “having them deported if they complain.”
• Fraud: Fraudsters acting as “intermediaries” exploit the search for legal status by taking money under the promise of obtaining a residence permit.

Conclusion

Remaining in Türkiye without a residence permit confines an individual to an “invisible” status. While transactions under the Law of Obligations (lease, sale-purchase) are valid and courts protect labor, the administrative authority’s power to deport hangs like a “Sword of Damocles” over all these legal rights.

From an academic perspective, Türkiye seeks to balance “human rights” and “public order” while combating irregular migration. However, on an individual level, the lack of legal status severs not only the individual’s bond with the state but also their healthy connection with society and the economy. Therefore, the first step for any foreign national intending to operate or reside in Türkiye must be to clarify their legal stay status to ensure their legal security.

TENANCY STATUS WITHOUT A RESIDENCE PERMIT AND THE EVICTION REGIME

In Türkiye, the leasing of real estate by a foreign national without a residence permit is one of the most concrete areas where the tension between public law prohibitions and the freedom of contract under private law is experienced. The legal analysis of this situation rests on three fundamental pillars: the validity of the contract, the responsibilities of the parties, and the eviction processes.

6.1. Formation and Validity of the Lease Agreement

Pursuant to the Turkish Code of Obligations (TCO), a lease agreement is not subject to any formal requirement; it is established by the mutual and compatible declarations of intent by the parties.

• Regarding Legal Capacity: The absence of a residence permit does not eliminate a foreign national’s capacity to conclude a contract. A foreigner may be a party to a debt relationship even if their legal stay period has expired.
• Legal Validity: The subject matter of the contract (the transfer of the use of an immovable property) is not contrary to law or morality. Therefore, a lease agreement cannot be considered null and void (batıl) solely on the grounds that “the foreign tenant does not have a residence permit.” The contract continues to generate obligations for both parties: the tenant is obliged to pay the rent, and the landlord is obliged to keep the residence ready for use.

6.2. Administrative and Criminal Liability of the Lessor (Landlord)

While the contract remains valid in private law, significant risks exist for the landlord within the framework of the Identity Reporting Law No. 1774 and the LFIP.

• Obligation to Report Identity: Landlords are obliged to report the identity information of the foreign nationals to whom they rent their properties to the relevant law enforcement agencies (police or gendarmerie). If the tenant does not have a valid residence permit or visa, this report will lead to the foreigner’s apprehension and deportation.
• Administrative Fines: Substantial administrative fines are imposed on landlords who provide housing to an undocumented foreign national and fail to report this to the competent authorities, on the grounds of “failure to report identity” and, in some cases, “knowingly providing opportunities to an irregular migrant.”
• Aiding and Abetting Debate: If a landlord provides accommodation with the intent to hide the foreigner’s illegal status from the authorities, this may lead to more severe charges under the Turkish Penal Code, such as “aiding migrant smuggling.”

6.3. Subscriptions and the Residential Address Registration Problem

The greatest practical obstacle for a tenant without a residence permit is meeting the basic needs of the residence.

• Subscriptions: Electricity, water, and natural gas distribution companies request a “Foreigner Identity Number” and a “Valid Residence Document” to initiate subscriptions. A tenant without a permit cannot start these subscriptions in their own name.
• Address Registration System (AKS): Civil registry offices do not accept address declarations from foreign nationals without residence permits. This results in the foreigner having no “notification address,” creating significant difficulties in legal proceedings (e.g., the service of a lawsuit notice).

6.4. Eviction Regime: Is the Lack of a Residence Permit a Ground for Eviction?

The grounds for eviction listed in the Turkish Code of Obligations (default, necessity, two justified notices, etc.) are limited (numerus clausus).

• Not a Direct Ground: The cancellation or expiration of a tenant’s residence permit is not regulated as a direct ground for eviction under the TCO. In other words, a landlord cannot evict a tenant simply by stating, “Your residency has ended, you must leave.”
• Impossibility of Performance and Deportation: If the foreign tenant is apprehended and deported, the contract terminates due to the “impossibility of performance of the debt.” Since the tenant cannot be physically present in the country, they cannot fulfill the obligation to use the house. In this case, the lease agreement is considered to have terminated automatically.
• Landlord’s Justified Cause: According to some doctrinal views, the fact that the landlord remains under a constant threat of administrative fines due to the tenant’s illegal status may be considered within the scope of “the continuation of the contract becoming unbearable” for the landlord (TCO Art. 331 – Extraordinary Termination).

6.5. Evidence and Litigation Processes

The Civil Courts of Peace (Sulh Hukuk Mahkemeleri) have jurisdiction over disputes arising between a landlord and a tenant without a residence permit.

• Rent Collection Lawsuits: A landlord may demand unpaid rent from an undocumented tenant. The court, regardless of the foreigner’s legal status, rules on the debt by examining whether “de facto use” occurred.
• No Bar to Litigation: A foreign tenant may file a lawsuit against a landlord’s unfair eviction attempts or regarding issues such as the return of a security deposit. The lack of a residence permit does not prevent access to the court, although the risk of deportation during the trial makes the follow-up of the litigation difficult.

6.6. Conclusion: Freedom of Contract vs. Public Order

In summary, being a tenant without a residence permit is a valid debt relationship on a private law level. However, this relationship becomes unsustainable at the point where it hits the wall of public law (identity reporting and deportation processes). For the landlord, this situation signifies an “administrative penalty risk,” and for the foreigner, it means “the constant disappearance of housing security.” From a legal perspective, the safest path is to check the legal stay period of the foreigner when the lease agreement is made and to add special conditions to the contract stating that “the contract shall be terminated if a residence permit cannot be obtained.”