Pehlivan & Güven Law FirmPublished:
The entry, stay and exit of foreign nationals in Türkiye are regulated by Law No. 6458 on Foreigners and International Protection ("YUKK") dated 4/4/2013 and by the secondary legislation issued under that law. Overstaying a visa, visa exemption, residence permit or work permit is among the most common violations in practice; these violations have serious consequences for the foreigner, including both an administrative fine and a time-limited entry ban.
This article examines the legal framework for entry bans imposed in case of violation, the principles of administrative practice based on the Presidency of Migration Management's Circular on Restriction Procedures dated 10.07.2020 and numbered 55560999, and the legal remedies available to foreigners.
Short answer
A foreigner who overstays a visa, visa exemption, residence permit or work permit may face an administrative fine and an entry ban depending on the length of the overstay. For an overstay of up to 3 months, no ban is imposed on a foreigner who comes to the border gate voluntarily before being detected and pays the fine arising under the Law on Fees (Harçlar Kanunu). For an overstay of more than 3 months, a ban of 1 month to 5 years applies even if the fine is paid, and a ban of 3 months to 5 years applies in more serious cases, such as where the fine is not paid.
Related guides: Restriction Codes and Annulment Actions · Guide to Restriction Codes · Deportation Orders and the Annulment Action Process
The main provision on banning foreigners from entering the country is Article 9 of the YUKK. Under this article, the Presidency of Migration Management may, where necessary after obtaining the opinions of the relevant public institutions and organisations, ban the entry of foreigners whose entry into Türkiye is deemed objectionable on grounds of public order, public security or public health. The entry of foreigners deported from Türkiye is banned by the Presidency or by the governorships.
As a rule, an entry ban lasts for a maximum of five years. However, where there is a serious threat to public order or public security, this period may be extended by the Presidency by up to a further ten years. Under the sixth paragraph of the same article, the Presidency may lift the entry ban or, while the ban remains in place, allow the foreigner to enter Türkiye for a specified period. In practice, this method is called a "specially annotated visa" (özel meşruhatlı vize).
The subject should be assessed together with YUKK Art. 7 (foreigners who will not be permitted to enter Türkiye), Art. 15 (foreigners who will not be granted a visa) and Arts. 54-55 (grounds for deportation and exceptions). In addition, under the Law on Fees No. 492, residence fees and penalty fees accrue depending on the length of the violation; unpaid amounts are pursued under Law No. 6183 on the Procedure for the Collection of Public Receivables.
The Presidency of Migration Management systematically set out its administrative approach to applying entry bans under YUKK Art. 9 in its public statement dated 09.06.2020 and the established administrative practice that developed in parallel with it. Although that statement is not a normative regulation as such, in practice it serves as an important administrative guide on which entry ban decisions are based.
The statement essentially provides for three different categories.
No entry ban is imposed on a foreigner where the following conditions are met together:
This category is an exception provided in favour of foreigners who have exceeded their visa or residence period by a relatively short time and who take corrective action of their own accord. For this reason, it is critical to assess correctly whether the foreigner's situation falls within this category and to pay the administrative fine, and have it recorded, before departure.
Where the violation exceeds 3 months, an entry ban proportionate to the length of the violation is imposed on the foreigner even if the administrative fine has been paid. Even if the foreigner came to the border gate voluntarily before the violation was detected and paid the fine, the following ban periods corresponding to the length of the violation apply:
| Length of Violation | Length of Entry Ban |
|---|---|
| 3 months – 6 months | 1 month |
| 6 months – 1 year | 3 months |
| 1 year – 2 years | 1 year |
| 2 years – 3 years | 2 years |
| More than 3 years | 5 years |
In the following cases, a more severe sanctions regime applies to the foreigner, and an entry ban of 3 months to 5 years is imposed depending on the length of the violation:
The ban periods applied in this category according to the length of the violation are as follows:
| Length of Violation | Length of Entry Ban |
|---|---|
| Up to 3 months | 3 months |
| 3 months – 6 months | 6 months |
| 6 months – 1 year | 1 year |
| 1 year – 2 years | 2 years |
| More than 2 years | 5 years |
This is one of the points most often overlooked in practice. Even if the entry ban imposed has expired, foreigners who have not paid administrative fines and public receivables arising under the Law on Fees No. 492 and other legislation are not permitted to enter the country under Articles 7 and 15 of the YUKK.
Consequently, a time-limited entry ban can in practice turn into a de facto indefinite bar on entry. For this reason, in actions to remove a restriction code (tahdit kodu) or in applications for a specially annotated visa, settling the debts is often the first and mandatory step.
In practice, the Presidency of Migration Management's entry ban decisions become visible through restriction codes entered in the foreigner's record. The most common codes arising from visa and residence violations are:
In legal terms, these codes are administrative acts that produce enforceable effects. Although these acts must be notified to the foreigner, in practice many foreigners learn of the restriction record at the border gate, during a visa application or after a freedom of information request. An action may be filed within 60 days against this code and other restriction codes to request their removal.
Ç-114: Applied for 2 years to foreigners who are subject to judicial proceedings for involvement in a crime and whose existing visa, work permit or residence permit has been cancelled or who have been deported. Its controversial aspect in practice is that mere judicial proceedings, without a final conviction, are considered sufficient to impose the code; this is open to criticism in terms of the presumption of innocence (Constitution Art. 38) and the right to a fair trial (Constitution Art. 36). In the event of a decision of non-prosecution or an acquittal, the code must be removed.
Ç-115: Applied for 2 years to foreigners released from prison and deported following release. The type of crime that led to imprisonment is reported to the Directorate General and, depending on the type of crime, a "G" and/or "N" code may also be entered. In the event of acquittal of the alleged crime, the relevant data entries are removed.
Ç-116: Applied for 5 years to foreigners considered to earn their living by illegitimate means (in practice mainly prostitution). In venue inspections, merely being present at an entertainment venue or the subjective opinion of the police, without concrete evidence, should not be considered sufficient for deportation; administrative courts annul acts based on such abstract findings. The possibility of being a victim of human trafficking should also be assessed.
Ç-117: Applied for 1 year to foreigners found to have worked without a work permit in breach of the International Labour Force Law No. 6735. The police assessment alone should not be considered sufficient; where and under what circumstances the foreigner was caught should be examined.
Ç-118: Applied for 5 years to deported foreigners whose infectious disease threatening public health, as determined by the Ministry of Health, has been established by a doctor's report. The record can be removed with a report from a full-service state hospital stating that the person does not carry the disease, or with a report obtained abroad bearing an apostille.
Ç-149: Applied for 5 years by border gate personnel to foreigners classed as inadmissible passengers and assessed by the Risk Analysis Units as possibly linked to conflict zones or likely to travel to them.
Ç-150: Applied for 5 years to foreigners found to have submitted a forged document or a genuine document belonging to someone else, or to have entered false information in an electronic visa application. The person whose identity details appear in the document may have the record removed if they prove that the situation arose against their will.
Ç-151: Applied for 5 years to foreigners deported for the crimes of migrant smuggling and/or human trafficking.
Ç-152: Applied for 1 year by the Directorate General to foreigners whose entry into our country is to be prevented for a short period.
Ç-166: Applied for 1 year by border gate personnel to foreigners classed as inadmissible passengers who have a V-163 code and whose entry is not deemed appropriate under subparagraphs (f) and (g) of YUKK Art. 15/1.
Ç-167: Applied for 1 month to foreigners who violated their visa, visa exemption, work or residence permit for between 3 months (inclusive) and 6 months and who came voluntarily to the border gate/Provincial Directorate and paid the fine before a deportation order was issued against them.
Ç-179: Applied for 5 years to foreigners deported for organ/tissue trafficking.
V-71: Applied under Articles 50 and 68 of the Civil Registration Services Law No. 5490 to foreigners who cannot be found at the address in the address registration system or at their declared address, who do not report a change of address in time, or who make a false declaration. It is frequently seen in residence permit applications where the police check fails to find the person at the address; reports based on not being found at the address during a single visit should not be considered an adequate investigation. If the administrative fine is not paid, an N-97 code is also entered.
V-74: Applied to foreigners whose exit is subject to the permission of the Ministry/governorship, mainly those with international protection status. These foreigners cannot travel abroad without obtaining exit permission from the governorship; to leave, they must first renounce their status and then apply for permission.
V-87: Applied to foreigners under temporary protection status who return voluntarily to their country. In practice it is commonly seen with Syrian nationals. It is a legal requirement that the voluntary return form be explained in a language the foreigner understands; otherwise, the validity of the consent becomes questionable.
V-91: Applied to foreigners under temporary protection whose exit from the country is subject to permission. While the temporary protection continues, travelling abroad is possible only with the approval of the Directorate General.
V-92: For Syrian nationals under temporary protection who have registered more than once (2-3 times), the most recent registration is kept active; V-92 is entered for the other registrations. It is declaratory in nature.
V-137: Applied for monitoring purposes to foreigners who have been invited to leave Türkiye and whose departure within the period granted is being tracked. For a foreigner who leaves in time and meets the conditions, the code is removed by border gate personnel; for those who do not leave in time, the "Ç" code corresponding to the length of the violation may be entered together with N-96/N-120 codes.
G-series codes are generally based on security and public health grounds and mostly result in an indefinite entry ban. These codes are the area in which the administration exercises its widest discretion; case law shows that the act must be annulled where intelligence reports are not based on concrete, serious information that can be submitted to the court.
G-78: Applied to foreigners carrying an infectious disease, resulting in an indefinite entry ban. If a misdiagnosis can be shown by another health report, or if the foreigner has been treated and recovered, the record should be removed upon application to the Presidency of Migration Management.
G-82: Applied to foreigners who engage, or are suspected of engaging, in activities against national security; it can result in an indefinite entry ban and deportation. It is usually based on a notification from the National Intelligence Organisation (MİT) or police intelligence. Administrative courts annul acts that contain no concrete finding and rely solely on a defence of "sovereignty/discretionary power"; however, some Regional Administrative Court decisions interpret this power broadly against the foreigner.
G-86 / G-87: Applied to foreigners assessed as posing a danger to general security, resulting in an indefinite entry ban and deportation. According to the case law of the Constitutional Court, although a high standard of proof is not expected of the administration in such terrorism- and national security-related acts, an abstract allegation is not enough; sufficient and serious information about the person's activity endangering national security, in the circumstances of the specific case, must be submitted to the court. Otherwise, the right to respect for family life (Constitution Art. 20) and the right to an effective remedy may be found to have been violated.
G-89: Applied to foreigners assessed as foreign terrorist fighters (YTS); it results in an indefinite entry ban. Since in practice some foreigners classed as YTS may also be given the G-87 code, the two codes largely overlap in their consequences.
N-series codes make the foreigner's entry into the country conditional on prior permission (annotation) from the Ministry of Interior and are technically not considered an "entry ban". However, since in practice prior permission is almost never granted, these codes effectively turn into an indefinite entry ban. Legal doctrine and case law criticise the practice of keeping these acts out of judicial review by not treating the codes as entry bans.
N-82: Also known as the "consultation/prior permission" (istizan/ön izin) code. Applied to foreigners suspected of engaging in activities against national security; it is very similar to Ç-141. A foreigner with this code cannot enter without special permission, even if they have a visa exemption. To have it cancelled, a petition is submitted to the Presidency of Migration Management; upon rejection or the expiry of the 30-day period, an action is filed in the administrative court.
N-95: Applied to foreigners who managed to enter the country despite being banned from entry under YUKK Art. 9/1-2 and who have not paid the administrative fine.
N-96: Applied to foreigners with a V-137 record who do not leave the country within the period of invitation to leave granted under YUKK Art. 56/1.
N-97: Applied to foreigners with a V-71 record who have not paid the fine linked to the administrative act under Art. 50/68 of Law No. 5490.
N-119: Applied to foreigners reported as not having paid the administrative fine arising from unauthorised work under Law No. 6735.
N-120: Applied by border gate personnel to foreigners with a visa/residence/work violation who have not paid twice the fee due for the period of violation under the Law on Fees No. 492, or the other related fees and fines.
O-100: Applied for 1 year to foreigners who voluntarily withdraw their application for international protection.
O-176: Applied for 3 years to foreigners whose application for international protection is deemed withdrawn; whose application has been found inadmissible or who have been found not to be in need of international protection; or whose status has been terminated.
O-177: Applied for 5 years to foreigners in respect of whose application for international protection an exclusion decision has been made, whose status has been cancelled or whose application has been rejected.
Those who exceed their visa or visa exemption period by more than ten days, or who, without an acceptable reason, overstay their residence permit by more than ten days after it expires, may become subject to a deportation order under subparagraphs (e) and (g) of YUKK Art. 54/1. Deportation orders are issued by governorships, and an entry ban may be imposed as a result.
However, while every deportation may result in an entry ban, not every entry ban is necessarily based on a deportation order. In some cases, the foreigner's entry into the country can be prevented solely by entering a restriction record.
One important point here is that YUKK Art. 55/1 sets out exhaustively the cases in which a deportation order cannot be issued. A deportation order cannot be issued for certain categories, such as those at risk of the death penalty, torture or inhuman treatment, those with serious health problems, or victims of human trafficking.
Whether the foreigner's situation falls within one of these exceptions must be assessed carefully. This is because the action for annulment filed against the deportation order is, in most cases, the most critical stage of the process. These actions must be filed within 7 days, and an action for annulment filed in time, as a rule, automatically suspends the enforcement of the deportation.
In addition, if an administrative detention order has been issued, it is also possible to object to it before the criminal judgeship of peace under YUKK Art. 57/6.
For foreigners who have committed a visa or residence violation, or who learn that a restriction code has been entered against them, the following points are of strategic importance:
Before Departure
For violations of less than three months, the foreigner applying voluntarily at the border gate before being detected by the competent authorities and paying the administrative fines under the Law on Fees can, in most cases, prevent an entry ban from being imposed. Once this opportunity is lost, the foreigner's legal advantage is significantly reduced.
After the Violation Has Been Detected
For foreigners facing arrest, administrative detention or a deportation order, two parallel processes are generally pursued:
It is vital not to miss the time limits in these processes.
Removal of the Entry Ban and the Restriction Record
In practice, the restriction code and the entry ban are often different forms in which the same administrative act appears. However, in some cases the restriction record continues to be kept in the system even after the ban period has expired; in that case, a separate request for deletion of the record may become necessary.
For restriction records and entry ban decisions considered to have been imposed unlawfully, filing an action for annulment in the administrative court is the established remedy.
On the other hand, if a need to enter Türkiye arises while the entry ban is still in force, it is possible to apply for a specially annotated visa through the foreign missions. However, this method does not remove the entry ban; it can only provide entry limited to a specific period or purpose. Moreover, granting a specially annotated visa is at the discretion of the administration and is not an automatic right.
Settling the Debts
In practice, whichever legal route is chosen, settling unpaid fees and administrative fines is the first step in most cases. Otherwise, even if the court decision is in the foreigner's favour, the administration may refuse entry into the country on the basis of YUKK Arts. 7 and 15.
If you come to the border gate voluntarily before the violation is detected by the competent authorities and pay the administrative fines arising under the Law on Fees No. 492, no entry ban is imposed. If a deportation order has been issued against you, leaving within the period of invitation to leave and paying the fines has the same result.
As a rule, an entry ban lasts for a maximum of five years. Where there is a serious threat to public order or public security, the Presidency of Migration Management may extend this period by up to a further ten years.
Even if the ban period has expired, foreigners who have not paid administrative fines and public receivables arising under the Law on Fees and other legislation are not permitted to enter under Articles 7 and 15 of the YUKK. For this reason, a time-limited ban can turn into a de facto indefinite bar on entry unless the debts are settled.
An action may be filed within 60 days against restriction codes to request the removal of the code. Many foreigners learn of the restriction record at the border gate, during a visa application or after a freedom of information request.
The Presidency of Migration Management may, while the ban remains in place, allow the foreigner to enter Türkiye for a specified period; in practice this is called a specially annotated visa. This visa does not remove the ban, and granting it is at the administration's discretion; it is not an automatic right.
An entry ban for Türkiye is not merely a technical act relating to border control; it is an enforceable administrative act with direct effects on the foreigner's freedom to travel, family life and business activities.
The administrative practice shaped by the Presidency of Migration Management's public statement dated 09.06.2020 and its Circular on Restriction Procedures dated 10.07.2020 and numbered 55560999 produces a multi-layered system of sanctions that varies according to factors such as the length of the violation, how the violation was detected, whether there is a deportation order, and whether the administrative fines have been paid. For this reason, it is very important that foreigners who have committed a visa or residence violation, or who learn that a restriction code has been entered against them, obtain support from a lawyer, without missing the time limits and while settling their debts.
