23 Kasım 2010 Salı

Civil Registry Correction and Change

Registration Correction

Definition

This is a correction or change of registration of a person located in the family registry board.

Declaration Liability and Term

The court order for this registry change should be sent to the county civil registration directorship by the chief clerk in 10 days after the court verdict date.

Method and Authorized Court

If there is no solid mistake during transferring the information in the base documents to the family registry board; any change or correction in the registry board of a family, can only be with the proper court verdict due to the Turkish Civil Registry Law’s 39th article.

Registry correction lawsuit about a single article can only be applied once.
The authorized court is the court of first instance in where the relevant person resides.
Religious section on the ID is registered, changed, erased or left empty due to the written demand of the family. Number of change in the religious section is not limited.

If an age correction is required because of a criminal court, the main court has authority over this change.

Authority to Bring an Action

Lawsuits about the civil registry correction will be held in the civil courts of general jurisdiction in where the residential address located by the Republic Prosecutors. In the Civil Registry Correction lawsuits, Republic Prosecutor and Civil Registry Director or an officer assigned by the Director will be ready and the verdict issued before them.

Appellation of a Verdict

General Directorship and Civil Registry Directorships are authorized to take all legal actions about the court verdicts.

All verdicts which are to be appellated must be submitted to the Republic Prosecutorship.

Principles of Registration of The Verdicts About Registry Correction

Principals about registration of correction verdict are shown below:

  1. If the man is changing his surname; without looking for an explanation in the verdict, his wife, his children under 18 and his surname will be changed or corrected.
  2. If the woman is changing her surname; her children who are out of a marriage and her surname will be changed or corrected in the same name.
  3. If the person who get corrected his/her name, has children; their names also get corrected or changed without looking for a court verdict.
    If the children had gone from the registry for any reason before the change, the required correction in the children’s registry will be made by the authorizing civil registry directorship to the registry board that the children is in currently.
  4. If the person who is correcting his birth date, name, surname is already in his age suitable for serving military duty; all changes will be submitted to the local military recruitment office.
  5. Changing the birth date with the court order;
    • Old day and month is registered with the new specified year by the relevant court if day and month information is saved or is not taken into consideration to change,
    • If birth date is registered in the family board with no month and day information, it is possible to add day and month information due to the Civil Service Law’s article 39.
  6. In the gender lawsuits, requirements will be taken into consideration in the Civil Law’s article 40.

Registration of Correction Verdict

The two registry correction copies sent by the court clerk should be registered into the family board.


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3 Kasım 2010 Çarşamba

Government Regulation for The Turkish Student Passport







Government Regulation for The Turkish Student Passport

1) For the primary and high school students:

It is possible designate a student passport with no any duty upon submitting the ID photocopy and documents arranged by the Treasury Branch (or directorship, office) in your city. The Treasury Branch officers will ask you to bring approval from the Governorship of your city. This approval should include following information: the applicant's name, start date of the passport, duration of the passport. Definitely, all official documents must carry stamp, signature and authorizing officer's name.

2) For the university students:

a) Students continuing their education in Turkey:

Students continuing their education in Turkey must have document from the Rectoship/Deanship/School Management etc.. The document should include following information: the applicant's name, start date of the passport, duration of the passport. Then, they should apply to the Treasury Brances/Tax Offices by adding photocopy of ID.

b) Students continuing their education in abroad:

If a student demand passport from any Turkish Consulate General/Representship, they must submit a document proving that they are the student of the relevant university. Photocopy of htir ID and student ID should be submitted.

In case, student continuing their education in abroad, however, he/she demands passport in Turkey, they must submit a document proving that they are the student of the relevant university. Photocopy of their ID and student ID, approval from the R.T. Consulates/Education Representmentship, the document issued by the university management proving that he/she is student at the institution should be submitted to the Treasury Branch/Tax Office/ Directorate in your city.

c) Students planning to enroll a university located outside Turkey:

1- Students placed in a university/program included by The ÖSYS Undergraduate / Graduate Programs and Contingent Book:

Students, who are placed in the programs and institutions specified in the ÖSYS Guide and demand a passport with no duty, should submit ÖSS Exam Result paper, ID photocopy, proof document about his/her education in a foreign institution. They must apply to the R.T. Consulates / Education Representmentship and they are the authorized places to issue passport with no duty dee.

Persons (placed in the programs and institutions specified in the ÖSYS Guide) who are continuing their education abroad, and demands passport in Turkey, should submit ÖSS Exam Result paper, ID photocopy and an approval document designated by an officer from the Tax Office Directorate / Treasury Branch /. This approval document must include person's name, effective date, duration date, approving person's name, stamp and signature.

2- Students placed in a university/program is not included by The ÖSYS Undergraduate / Graduate Programs and Contingent Book:

Students who are accepted by a program/university which is not included by the ÖSYS higher education programs and contignents guide, should submit proof document that they are accepted by the institution (original document or apostil authorized), ID phtocopy. They apply to R.T. Consulates / Education Representmentship and are able to have a passport with no duty-fee.

Students who are continuing their education abroad, can aplly for non-duty-fee passport . If they are accepted by a program/university which is not included by the ÖSYS higher education programs and contignents guide, they should submit proof document that they are accepted by the institution (translated into Turkish by a sworn translator and apostil authorized), ID phtocopy. approval document designated by an officer from the Tax Office Directorate / Treasury Branch /. They can apply to Passport Department with the document which must include person's name, effective date, duration date, approving person's name, stamp and signature.


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Divorce Process in Turkey

Divorce Process


Wait Term for the Law / Family Civil Registry Board

Divorce is the end of the marriage upon the given court verdict.

Divorce date is the issue date of court verdict. If there is divorce verdict from the foreign courts, the definitive divorce date is taken as issue date of this foreign verdict. Turkish courts' recognization and approval date is counted as foreign court's divorce date.

Beginning of the Legal Waiting Term

300-day long legal wait term of the woman starts as of the divorce verdict date.

Registration of the Divorce into the Family Registry Board

Divorce decision is arranged in two copies by the court chief clerk and then sent to the civil registry directorship to be registered into the family registration board.



Condition of the Divorced Wife


Surname and House to Return after Divorce

Registry of "divorced wife" who was already registered into her former husband's registry board, gets closed and it will be moved back to the first registry board. She takes her maiden name back.

If the widow-wife gets divorced, she will be moved back to her previous registry board and she can have her maiden name back if she is allowed to have it by the court.

If the court lets the wife to carry her husband’s surname, wife goes back to the place where she was registered before the marriage with her husband’s surname. Her registry in this place is regenerated back.

Thoughts about the court’s verdict are written into the civil registry board upon the filling out the VGF-40 form.

House to Return for the Adopted Wife after Divorce

Incase of the divorce of a woman who is adopted, following official steps will be followed:

a) Due to the 743 serial numbered Turkish Civil Law’s article, if the wife was adopted; she goes back to the registration house of the person who adopted her with adopting person’s surname or her husband’s surname as she was permitted to do so by the court.

In case of divorce of a woman married while she was widow or divorce of a woman who is adopted due to the 743 serial numbered Turkish Civil Law’s article, she goes back to the household of the adopting person, and if the court let her to carry her divorcing husband’s surname, she can go back there with her husband’s surname.

b) Due to the 4721 serial numbered Turkish Civil Law’s article, if the wife was adopted;

1 With her maiden name,

2 In the court verdict, if there is a command saying that the person can have the surname of the adopting guardian, registered with guardian’s surname,

3 If the court let her to carry her husband’s surname, with her husband’s surname,

Registered and goes back to adopting guardian’s civil board.

Divorce of a woman who was widowed before the marriage, and a woman who is adopted while she is married, due to the 4721 serial numbered code of Turkish Civil Law;

1 With her maiden name,

2 In the court verdict about the adopting, if there is a command that is saying she can have surname of the adopting guardian, with the surname of guardian,

3 If the court let her to carry her husband’s surname, with her husband’s surname,

Registered and goes back to adopting guardian’s civil board, then she goes back to adopting guardian’s registry board.


Divorce of a Recognized Wife

During the process of divorce of a recognized married wife, following steps will be followed:
If the court let her to carry her husband’s surname together with her recognized father’s surname, she can go back to her father’s registry place with her husband’s surname.

In case divorce of a woman marrying while she is widow or being recognized while she is recognized due to the 743 serial numbered Turkish Civil Law; she goes back to the her father’s registry board with recognizing father’s surname. If the court let her carry her husband’s surname, she goes back to her father’s registry board with her husband’s surname.

Divorce of a Wife Previously Holding Foreign Citizenship

In case of a divorce of a woman who earns Turkish Citizenship with her husband together, or earns with a marriage of a Turkish Citizen then registers in her husband’s registry board; she is registered under same family board with the next new family serial number and with the surname specified at the court’s verdict. If the court verdict does not carry a surname for her or divorce verdict is issued by a foreign court then recognized in Turkey, her maiden name is registered. However, her maiden name is not found, and divorced woman’s application is inconsistent, she is registered with her husband’s surname at the family board.

In case it is proven that the relevant person does not have a surname; an appropriate surname is assigned by the city governor upon the written request of the woman.


Personal Condition of a Divorced Wife
After the divorce, wife gets her maiden name back. If wife was widow before the marriage, she can ask for a permission to have her maiden name after the divorce.

If continuing usage of the husband's surname will benefit wife, and this situation will not harm the husband's reputation, wife can continue to use her husband's surname with her freewill.

If conditions change, husband may demand to lift this right of use.



Cancellation of a Divorce


Registration of the Verdicts about Divorce

In case of cancellation of the divorce, woman's registry will be moved to her husband's board of registry. Wife will get her husband's family name. If "wife" wants, she can use her maiden name before her husband's family name.

Chief clerk of the court arranges two copies of sample divorce cancellation verdict and send it the civil registry directorship. Then, this report will be registered into the family's registry board.

In case of divorce cancellation of a Turkish and foreign citizen, the cancellation verdict will be registered into the registry board of spouse who is Turkish. Both persons will be back to their status before the divorce.


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2 Kasım 2010 Salı

Losing Turkish Citizenship

Losing Turkish Citizenship

Dropping Turkish Citizenship
Persons who wants to drop their Turkish citizenship, should have permission from the Ministry. They must carry conditions below;
a) Must be adult, and must have power of judgement with free-will,
b) To earn a foreign citizenship or to submit documents proving he/she is going to earn,
c) Should not be wanted because of a guilt or military obligation,
d) Should not have any restraint due to the tax and fine.

Documents to Drop Turkish Citizenship
The persons who is demanding permission to dismiss their Turkish citizenship because they are granted a citizenship by another country, are given citizenship dismissal document by the ministry. After this permission, upon the proving that they earn the foreign citizenship, they are given document that they dropped their Turkish Citizenship.
Dismission permission document is valid for 2 years after the decision date. Persons who have this document should prove that they are granted citizenship by another country during this 2-year period. After end of this term, this permission document become invalid.

Rights of Persons Who Dropped Their Turkish Citizenship Upon Permission
With a proper permission, if you (and your children)drop your Turkish citizenship which you gained by your birth, you may continue to use the same rights which is granted to any regualr Turkish Citizen (except for national security, peace of community conditionals, mandatory military oligation, joining elections and vote right, right to work for government, rights of import with no duty).

Dismissed From Turkish Citizenship
Person who is detected that they commit the actions listed below by the official departments, can only obtain Turkish citizenship with authorization of board of ministers.
a) Person who is serving a foreign country's interest with the conflict of Turkey's benefit. Those persons get notice so as to leave Turkey maximum in three months from the Turkish Represent Office, Consulate, City Governorship, Security Departments.
b) Person who is serving for a country which is at war with Turkey, with no approval of Board of Ministers.
c) Servin voluntarily in a army of a foreign country.

Losing Turkish Citizenship With Freewill
Persons mentioned below, are able to drop their Turkish Citizenship before they become adult:
a) Persons, even they are Turkish Citizen because of the breed relation of parents, earns a citizenship of a foreign country based on birth or any other reason after birth.

b) Persons, even they are Turkish Citizen because of the breed relation of parents, earns a citizenship of a foreign country based on birth place.
c) Persons earning Turkish Citizenship by the adopting process.
d) Persons earning their parent's citizenship. Even they are already Turkish Citizenship based on birth place.
e) Persons anyhow earns Turkish Citizenship due to the mother or father who earned Turkish Citizenship.
According to the conditions above, if the person will be stateless, person can not use right of chose.

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1 Kasım 2010 Pazartesi

Avrupa Birliği 7. Çerçeve Programı Destekleri


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