Especially with the introduction of new Law on Foreigners and International Protection, importance of the Address Registration System (AKS) for the foreigners living in Turkey has increased. Although registry of address information to the AKS by Turkish nationals and foreigners resident in Turkey has been compulsory since the establishment of the system, new Law on Foreigners and International Protection clearly stipulates the obligation to be registered in the Address Registration System. In general article 26 (2) Law on Foreigners and International Protection states that;
“Foreigners who arrive in Turkey with residence and work permits obtained from consulates shall register in the address registration system within twenty working days as of the date of entry.”
Moreover for family residence permits, registration in the AKS is a required condition.[1] Additionally in several sections of new law, specific mentions to the obligation of registration in AKS are made. Especially for the holders of humanitarian resident permit holders[2] and those foreigners within the scope of international protection[3], obligation of registration in AKS is underlined.
WHAT IS ADDRESS REGISTRATION SYSTEM
In accordance with section eight (8) of Law no.5490 on Civil Registration[4] the “Address Registration System” has been established to keep address information of Turkish nationals and foreigners resident in Turkey electronically. The AKS system is integrated with the MERNIS system which is storing personal data such as “Name, Surname, Mother’s and Father’s Name, Place of Birth and Information on Civil Status Events” based on Turkish Republic Identity Number (Turkish National Identity Number). In pursuance of Turkish Civil Code, “change of a residence address is subject to the acquirement of another one”[5], thus
Turkish nationals and foreigner residents are required to make address change notification within 20 working days.
Address registration might be made by the declaration of person. Such declaration should be made in writing to the District civil registration offices, Turkish Representations abroad or Agencies providing address-based services such as muhtar offices.
In case of failing to fulfill obligation of notification, 250 Turkish Liras administrative penalty shall be applicable. False notification shall be subject to 500 Turkish Liras administrative penalty and additionally might result in imprisonment of 6 months to 4 years.
For more information on AKS , you may visit General Directorate of Civil Registration and Nationality web page.
AMENDMENTS IN THE LAW ON CIVIL REGISTRATION
Article 123 (7) of Law on Foreigners and International Protection provides important changes on the articles related to the civil registry of foreigners resident in Turkey. Before the entry into force of Law on Foreigners and International Protection, foreigners who are holding residence permit valid for minimum six (6) months were provided with Turkish National Identity Numbers and recorded into foreigners’ log. (Before the entry into force of new law, holders of residence permit valid for minimum six (6) months were required to be registered with Address Registration system.[6]) By the entry into force of new law, this minimum duration is reduced from six months to ninety days. This change is provided by the virtue of following changes in the articles 3(1) and (8(1) of Law on Civil registration;
a) Article 3(1) (çç) is amended as follows:
“(çç) Foreigners Log: is the log containing the records of persons granted a Stateless Person Identity Card in Turkey or foreigners who are granted a residence permit for any reason for the duration of minimum ninety days and foreigners legally staying in Turkey who apply for a foreigner’s identity number,”
b) Article 8(1) is amended as follows:
“Foreigners who are granted a residence permit for any reason for the duration of minimum ninety days in Turkey shall be entered into the foreigners log by the Directorate General. However, foreigners legally staying in Turkey shall also be recorded in the foreigners log upon their demand. Foreigners entered into this log are liable for reporting all registry related incidents to registry offices. This provision shall not apply to members of diplomatic missions.”
[1] Article 35, Law no 6458 on Foreigners and International Protection, Published in the Official Gazette 0n 11 April 2013, No. 28615
[2] Article 46, Law no 6458 on Foreigners and International Protection, Published in the Official Gazette 0n 11 April 2013, No. 28615
[3] Article 90, Law no 6458 on Foreigners and International Protection, Published in the Official Gazette 0n 11 April 2013, No. 28615
[4] Law no.5490 on Civil Registration, Published in the Official Gazette 0n 09 April 2006, No. 286153
[5] Article 20, (First Book ) Turkish Civil Code No. 4721, Published in the Official Gazette on 08 December 2001, No. 24607
[6] Article 1, Regulation on the Address Registration System, Published in the Turkish Official Gazette 0n 15 December 2006, No. 26377
