The subject of Foreigners Law is generally the legal situation, rights, obligations and status of natural persons in a foreign country.
For legal entities, only after determining the nationality, the legal status regarding foreigner status can be examined.
In some international multilateral agreements, the nationality of a person does not matter in terms of the protection mechanism. Everyone benefits from the same protection. For example, according to the European Convention on Human Rights, everyone, including stateless people, has the right to apply to the ECHR.
In the Republic of Turkey, Foreigners Law is regulated as a sub-branch of International Law, and it is accepted that it is in close relationship with other branches of law such as Public International Law and Administrative Law.
It should be emphasized that the regulations contained in the Foreigners Law include rules that will be applied only in times of peace. In case of war, it may not be possible to apply the regulations in the Foreigners Law.
At the Geneva Meeting of 1892, a foreigner was defined as “a person who is in the territory of a state and has no right to claim the nationality of that state”.
In the 1985 UN General Assembly Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country They Live in, a foreigner is defined as “an individual who is not a national of the country in which he resides”.
Since the concept of foreigner includes persons who are nationals of another state as well as persons without nationality, a definition based on nationality alone is not sufficient. However, it is not possible to depart from nationality while defining a foreigner.
Nationality is the legal bond between the state and the person.
If we need to classify foreigners according to their nationality status;
Foreign nationals
Those who have more than one nationality,
homeless people
refugees
Privileged foreigners
We can distinguish them as foreigners with special status.
What are the general principles regarding the rights of foreigners in International Law?
There is no rule of law that obliges states to grant the same rights to their nationals and foreigners in every field.
A general principle of full equality between foreigner and national has not been accepted.
States are not obliged to accept foreigners into their countries, but they are obliged to behave at a civilized level towards people who enter their countries.
Approaching and accepting foreigners as legal persons,
Respecting the dignity of foreigners and granting them the right to take legal action when necessary are among the generally accepted principles.
In addition, we can say that progress has been made in the method of determining principles in the form of “setting standards” by international organizations.
The European Court of Human Rights stated in a decision that by being a party to the European Convention on Human Rights, the contracting state is deemed to have agreed to apply the rights and freedoms listed to everyone living within its borders, regardless of their nationality.
The Charter of the United Nations also stipulates respect for human rights and fundamental freedoms of everyone, without discrimination.
It has been stated that all rights included in the Universal Declaration of Human Rights are open to everyone.
“Declaration on the Human Rights of Individuals Who Are Not Nationals of the Country They Live in” 1985
“International Convention on the Elimination of All Forms of Racial Discrimination” 1969
“European Convention on Human Rights” 1953
The status of “foreigners” according to Turkish Law:
In the Constitution of the Republic of Turkey, fundamental rights and freedoms are granted to “everyone”, regardless of foreigners or citizens.
In addition, if a limitation is to be made, it must be in accordance with international law and the limitation must be made only by law.
Turkish Citizenship Law No. 5901 has been issued to determine the procedures and principles regarding the conduct of affairs and transactions regarding the acquisition and loss of Turkish citizenship and covers the procedures regarding the regulation of the principles regarding the acquisition and loss of Turkish citizenship and the execution of citizenship services.
Foreigner is defined in the law as “a person who has no citizenship ties with the Republic of Turkey”.
Türkiye is a party to many international agreements regarding the legal status of foreigners. Examples include bilateral travel and residence agreements, agreements on the prevention of double taxation, and foreign investment agreements.
In our country, “foreigners of Turkish descent” are accepted as privileged foreigners. Turkish nobles were granted privileges in work, residence, profession, artistic practice and other matters. Immigrants also have privileged foreign status.
In Turkey, a separate law regulating the rights of foreigners under the name of the Foreigners Law has not been put into effect. Therefore, Foreign Law is implemented through the Constitution, Turkish Citizenship Law and relevant Laws.
Every state has the right and authority to close its borders against foreigners who want to enter their country.
“Everyone has the right to leave and return to any country, including his own