Deportation Appeal

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DEPORTATION RULES IN TURKEY

Overview

The period of stay in turkey by visa or visa exemption cannot exceed 90 days within a period of 180 days.

In case that foreigners, who have stayed in turkey 90 days within the 180 day period, and come to turkey again; (Unless there is another matter preventing them from entering into turkey at the border gates), they are required to enter into turkey without a visa and fill the V.84 residence permit conditional entry form to declare and apply for residence permit ID card at migration governorate within ten (10) Days of entry date.

Foreigners who have arrived at the border gates to enter into turkey and do not have passport or travel document valid for at least 60 days as of expiration date of the visa, visa-exemption, residence permit and/or work permit will not enter into Turkey.

How long may foreigner stay in turkey and what is overstay 90/180 rule?

• The period of stay in Turkey provided by the e-Visa, Visa or Visa-Exemption cannot exceed (90 days within a period of 180 day period).
• There are three ways possible which a foreign national may overstay in Turkey; A foreign national might overstay with visa that was used to enter Turkey, or in breach of the 90 / 180-day rule, and overstay with an expired Residence permit and not to renew it.
• The Turkish Passport Law 5682 regulates on how you may be banned from re-entering Turkey for a duration of time for visa overstay.

Explanation of entry prohibitions to be applied who violate the right of legal stay

In violation of the right to stay legally in our country, i.e. visas, visa waivers, residence permit, work permit or a work permit exemption in violation of the law on foreigners and international protection No. 6458 dated 4/4/2013 strangers “to ban entry to Turkey entitled” prohibitions applied within the scope of Article 9 of the input is carried out within the framework of the following principles.

a. Foreigners who violate the legal right to stay for up to 3 months (not including 3 months), who come to the border crossings spontaneously to leave Turkey before being identified by the competent authorities and pay administrative fines arising from the law no. 492 on fees.

b. Up to 3 Months (3 months included) are not in violation of the rights of legal stay, about to leave Turkey with the decision to deport came to the border to be able to output in a given time and paying Fees administrative fines arising from the Law No. 492 aliens

Foreigners who violate the legal right to stay for more than 3 months (including 3 months), who come to the border crossings spontaneously to leave Turkey before being identified by the competent authorities and pay administrative fines arising from the law no. 492 on fees

a. Foreigners who do not pay administrative fines arising from the levies Law No. 492 even though they come to the border crossings spontaneously to leave Turkey before violations of the right of legal stay are detected by the authorities. .

b. Foreigners who violate the legal right to stay for up to 3 months (not including 3 months) and who do not leave within the period afforded to them by the decision of deportation and/or who do not pay administrative fines arising from the fees Law No. 492

c. Foreigners who violate the legal right to stay for more than 3 months (including 3 months) regardless of whether they pay administrative fines arising from the fees Law No. 492 and who are invited to leave Turkey by taking the decision to deport.

d. Foreigners who do not leave within the period granted to them, regardless of whether they have paid the administrative fines arising from the fees Law No. 492 when their residence permit requests are rejected or their residence permits are cancelled.

e. Foreigners who do not leave within the period granted to them, regardless of whether they have paid the administrative fines arising from the fees Law No. 492, even though their work permit requests have been denied or their work permits have been cancelled.

f. Foreigners who do not apply for residence permit despite being allowed to enter our country within 10 days of applying for a residence permit, even though they are using all of the rights of stay provided to them by Visa or visa exemption within the framework of “180 days 90 days” rule regardless of whether they pay administrative fines arising from fees law no. 492.

g. Foreigners subject to alternative obligations by finalizing the administrative supervision order regardless of whether they pay administrative fines arising from the fees Law No. 492.

h. Foreigners deported under the escort of staff, regardless of whether or not they pay administrative fines arising from the Fees Act No. 492

REMOVAL FROM TURKEY

Who is subject to a removal decision in Turkey?

In case one or some of the situation stated in Article 54 of the Law occurred, the governorate must issue removal decision without prejudice to the provisions of Article 55 of the Law.

A removal decision shall be issued in respect of those foreigners who are listed below and who are within the scope of paragraph one of Article 54 of the Law on Foreigners and International Protection.

• Foreigners who are deemed to be removed pursuant to Article 59 of the Turkish Penal Code № 5237 (a. 54/1-a)
• Foreigners who are leaders, members or supporters of a terrorist organization or a benefit-oriented criminal organization (a. 54/1-b)
• Foreigners who submit untrue information and false documents during the entry, visa and residence permit actions (a.54/1-c)
• Foreigners who made their living from illegitimate means during their stay in Turkey (a.54/1-ç)
• Foreigners who pose a public order or public security or public health threat (a.54/1-d)
• Foreigners who have overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled (a.54/1-e)
• Foreigners whose residence permits are canceled (a.54/1-f)
• Foreigners who overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason (a.54/1-g)
• Foreigners who are determined to be working without a work permit (a.54/1-ğ)
• Foreigners who breach the terms and conditions for legal entry into or exit from Turkey (a.54/1-h)
• Foreigners who are determined to have entered into Turkey despite an entry ban to Turkey (a.54/1-ı)
• Foreigners whose international protection claim has been refused; are excluded from international protection; the application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision (a.54/1-i)
• Foreigners who fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused (a.54/1-j)
• Foreigners who are applicants or international protection beneficiaries solely when there are serious reasons to believe that they pose a threat to the national security of Turkey (a. 54/2)
• Foreigners who are applicants or international protection beneficiaries solely if they have been convicted upon a final decision for an offence constituting a public order threat. (a. 54/2)

Who are exemption from the removal decision in Turkey?

Removal decision shall not be issued in respect of those foreigners listed below regardless of whether they are within the scope of Article 54:

• When there are serious indications to believe that they shall be subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they shall be returned to (a.55/1-a)
• who would face risk due to serious health condition, age or, pregnancy in case of travel (a.55/1-b)
• who would not be able to receive treatment in the country to which they shall be returned while undergoing treatment for a life-threatening health condition (a.55/1-c)
• victims of human trafficking, supported by the victim’s assistance programme (a.55/1-ç)
• victims of serious psychological, physical or sexual violence, until their treatment is completed (a.55/1-d)

The assessment regarding whether the foreigners are within the scope of Article 55 or not shall be carried out for each foreigner. In order to stay in Turkey, those foreigners may be granted a humanitarian residence permit pursuant to Article 46 of the Law on Foreigners and International Protection and those foreigners may be asked to reside at a given address and report to authorities in form and periods as requested. In cases where they lose their status, removal decision shall be issued in respect of the foreigner.

What is the implementation of the removal decision?

The foreigners at removal centres shall be taken to border gates by law enforcement unit.

Foreigners to be removed without being required to transfer to removal centres shall be taken to the border gates by law enforcement units through coordination of the provincial units of Directorate General.

The Directorate General may cooperate with international organizations, the authorities in the relevant country, and non–governmental organizations to carry out the removal.

Travel costs for the foreigners to be removed from Turkey

Passports or other documents belonging to foreigners may be retained until the foreigners are removed and their tickets may be cashed for use in the removal. Foreigners to be removed shall cover their own travel costs. In cases where foreigners are unable to cover such costs, the full or remaining cost of travel shall be met from the budget of the Directorate General. A ban on entering Turkey may be imposed for such foreigners as long as the costs are not reimbursed.

The limitation to be imposed for the situation in which the foreigner cannot cover the costs shall be considered as the reason of limitation by its nature. In case another ban has not issued to the foreigner, the restriction shall be removed provided that s/he covers the costs and the foreigner shall be allowed to enter into the country.

Costs related to the removal of the foreigner are public receivables pursuant to the Article 1 of the Law No 6183 and they shall be collected by financial cashier office. Pursuant to the Article 104 of the Law No 6183, as the debtor is in the foreign country, the receivable shall not be subject to the lapse of time. For this reason, there is no obstacle to impose indefinite limitation on the foreigner.

Natural or legal persons are responsible for covering the costs related to the removal of foreigners whose stay and return they have guaranteed.