Frequently Asked Legal Questions
Foreigners living in Türkiye often don't know what to do when faced with processes such as residence permit applications, deportation orders, entry bans, restriction codes, administrative detention, and repatriation center procedures. These processes are not only a matter of administrative application; they can also directly affect fundamental rights such as family life, private life, work arrangements, education, health, and security.
Below are answers to some of the most frequently asked questions in the fields of immigration law and migration law, providing general information.
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Cancellation of Deportation Order
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Lawsuit Against Restriction Code and Entry Ban
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Lawsuit for the Annulment of the Residence Permit Refusal Decision
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Appeal Against Administrative Supervision Decision
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Rejection of International Protection Application
What is a deportation order?
A deportation order, also known as an expulsion order, is an administrative action requiring a foreigner in Türkiye to leave the country. This decision can directly affect the foreigner's legal status in Türkiye, family life, employment, education, and the possibility of re-entering Türkiye.
In Türkiye, deportation orders can be issued for reasons such as visa violations, residence permit violations, working without a work permit, illegal entry or exit, use of forged documents, grounds of public order or public security, and certain criminal investigations or convictions.
However, the issuance of a deportation order does not always mean that the decision is lawful. In each case, the reasoning behind the decision, the date of notification, the foreigner's family and private life ties in Türkiye, their health status, their work or education, and the risks they may face upon being sent back to their country must be evaluated separately.
Therefore, it is important for foreigners who receive a deportation order in Türkiye to learn about the legal consequences of the decision and the appeal procedures as soon as possible.
Within what number of days can a lawsuit be filed against a deportation order?
In Türkiye, the time limit for filing a lawsuit against a deportation order is quite short. According to Law No. 6458 on Foreigners and International Protection, an appeal for annulment can be filed in the administrative court within 7 days of the date of notification of the deportation order.
This 7-day period begins when the deportation order is served to the foreigner, their legal representative, or their lawyer. Failure to comply may result in serious loss of rights for the foreigner.
When filing a lawsuit against a deportation order, the decision text, notification document, passport, residence permit documents, work or education documents, documents showing family ties, health reports, and, if applicable, documents indicating the risks of returning to the country should be considered together.
The aim of a deportation case is to allow the court to review whether the administration's deportation decision is lawful.
If a deportation case is filed, will the foreigner be immediately deported?
As a rule, if a lawsuit is filed against a deportation decision within the prescribed time limit, the foreigner will not be deported until the judicial proceedings are concluded. Therefore, correctly calculating the time limit for filing a lawsuit and submitting the application on time is crucial.
This protection can prevent the immediate expulsion of a foreigner who has been ordered deported from Türkiye and allows the court to review the decision. However, filing a lawsuit does not guarantee a win. The court will evaluate the administration's decision, the foreigner's personal situation, and its impact on fundamental rights on a case-by-case basis.
The consequences of deportation decisions should be examined more carefully, especially for foreigners who have family, children, regular employment, education, medical treatment, or long-term living ties in Türkiye.
Therefore, foreigners who receive a deportation order must act quickly and manage the legal process correctly after the decision is served.
Under what circumstances can a deportation order be revoked?
The annulment of a deportation decision is evaluated according to the specific circumstances of each case. The court examines whether the administration's decision is lawful, whether it is based on concrete grounds, and whether it disproportionately affects the foreigner's fundamental rights.
The cancellation of a deportation order may be considered, particularly in the following situations: the decision lacks sufficient grounds, there are irregularities in the notification process, the foreigner has strong family or private life ties in Türkiye, they would face significant risks if sent back to their country, the administration fails to substantiate its claim of public order or public security with concrete evidence, or the decision has disproportionate consequences.
For example, deportation decisions should be evaluated more thoroughly for foreigners who have a spouse or child in Türkiye, have been living in Türkiye for a long time, are continuing their education, are receiving medical treatment, or face a risk of torture, ill-treatment, death, or serious harm in their home country.
There is no general guarantee that a deportation order will be overturned; however, accurate legal analysis and the presentation of strong evidence are crucial for the proper conduct of the case.
What is a restriction code and why is it important for foreigners?
The restriction code is a code entered into Türkiye's administrative systems regarding a foreigner, which can affect the person's entry into Türkiye, obtaining a residence permit, applying for a visa, or the deportation process.
Restriction codes can have significant consequences for foreigners entering or staying in Türkiye. Some restriction codes are related to visa or residency violations, while others may relate to public order, public security, administrative fines, work permit violations, or special permit requirements.
In practice, codes such as G-87, C-114, C-115, C-116, C-117, C-135, and N-82 are frequently encountered. However, the meaning and legal consequences of each code may vary depending on the specific case.
Foreign nationals with a travel restriction code need to know the reason for the code, whether it results in an entry ban to Türkiye, whether it prevents them from obtaining a residence permit, and what legal avenues are available to challenge this code.
How to remove a restriction code or entry ban?
The lifting of a restriction code or entry ban depends on the type of code and the reason for its imposition. In some cases, an administrative appeal can be made, while in others, it may be necessary to file a lawsuit for annulment in the administrative court.
In particular, when imposing restrictions based on grounds of public order or public security, it should be examined whether the administration has presented concrete and verifiable justifications. Preventing a foreigner's entry into or stay in Türkiye solely through general statements may not be lawful in all cases.
During the process of lifting the travel restriction code, the foreigner's family ties in Türkiye, previous residency history, employment or education status, any ongoing criminal investigations or administrative fines, and the risks they may face upon returning to their country should all be considered together.
Therefore, it is important for foreigners with restriction codes or entry bans not to proceed without clarifying the type of transaction and the application deadline.
What can be done if a residence permit application is rejected?
The rejection of a residence permit application is a significant administrative action that directly affects a foreigner's right to stay in Türkiye. Applications for short-term residence permits, family residence permits, student residence permits, long-term residence permits, or humanitarian residence permits may be rejected for various reasons.
The most common reasons for residence permit refusal include missing documents, insufficient explanation of the purpose of stay, failure to meet address or income requirements, lack of health insurance, previous visa or residence violations, deportation orders or entry bans, and reasons related to public order.
A foreigner whose residence permit application has been rejected can file an appeal in the administrative court, depending on the reasoning behind the decision. During this process, the date of the rejection, the method of notification, the documents submitted with the application, and the foreigner's personal status in Türkiye should be carefully examined.
The legality of the residence permit refusal decision should be evaluated in detail, especially for foreigners who have family life, work, education, medical treatment, or long-term living ties in Türkiye.
What is an administrative detention decision and how can a foreigner be released from a removal center?
An administrative detention order is an administrative action that results in the detention of a foreigner, who has been ordered deported, in a repatriation center. This decision should be considered separately from the deportation order, as it directly restricts the foreigner's freedom.
A deportation order against a foreigner does not, in every case, necessitate detention in a repatriation center. Reasons for administrative detention may include the risk of escape or disappearance, identity or document issues, claims of public order or public security, or violations of entry and exit rules to and from Türkiye. However, it must be examined whether these reasons actually exist in the specific case.
An appeal against the administrative detention decision can be filed with the magistrates' court. In this appeal, it may be argued that the foreigner has a fixed address, family in Türkiye, that their health condition is not suitable for the conditions of a deportation center, that the risk of escape is not concrete, and that alternative obligations could be applied instead of administrative detention.
The process of leaving the deportation center should be considered together with the deportation case and the appeal against administrative detention. In each case, the foreigner's personal circumstances and legal status must be examined separately.
What is a humanitarian residence permit and who can apply for one?
A humanitarian residence permit is a type of residence permit that comes into play in exceptional circumstances, unlike ordinary residence permits. Not every foreigner can directly obtain a humanitarian residence permit; however, this type of permit may be considered in cases where there are special and humanitarian reasons.
Humanitarian residence permits may be granted in cases involving the best interests of the child, family unity, health problems, the practical impossibility of returning to the country, the unreasonable nature of leaving Türkiye despite a deportation or entry ban, ongoing legal proceedings, urgent reasons, or serious humanitarian situations.
General statements alone are not sufficient for these applications. Family ties, children's education status, health reports, risks of returning to the country, lifestyle in Türkiye, previous residency history, and concrete documents are important in evaluating the application.
Before applying for a humanitarian residence permit, the foreigner's current legal status, whether there is a deportation order or restriction code against them, and the specific reasons supporting their stay in Türkiye should be carefully examined.
What does a lawyer do in immigration law and deportation cases?
In immigration law and deportation cases, a lawyer's role is not limited to preparing petitions. The lawyer analyzes the foreigner's legal situation, monitors deadlines, examines documents, determines appeal procedures, and ensures that administrative actions are reviewed in court.
In a deportation or immigration law case, the type of decision is determined first. Deportation decisions, restriction codes, entry bans, residence permit refusals, administrative detention orders, or international protection applications all require different legal procedures.
A lawyer can file an appeal in the administrative court against a deportation decision, appeal to the magistrates' court against an administrative detention decision, evaluate avenues for appealing against restriction codes or entry bans, file a lawsuit against the refusal of a residence permit, and present the foreigner's family, employment, education, health, and security status in Türkiye in an appropriate manner to the case file.
For foreigners, these processes are often complex and stressful. Therefore, it is important to analyze the process correctly from the beginning, not miss short court deadlines, and prepare strong documentation. Working with a lawyer who can communicate in English can help foreigners facing legal problems in Türkiye to better understand the process.
Are foreigners who violate visa rules deported from Türkiye?
Foreign nationals who overstay their visa, visa exemption period, or residence permit in Türkiye may face administrative fines, entry bans, or deportation. However, not every visa violation automatically means deportation.
The duration of the foreigner's violation, whether the violation was discovered spontaneously, whether the person voluntarily left Türkiye, whether the administrative fine was paid, whether there is a history of previous violations, and whether there is another restriction code against them are all considered together.
According to the Directorate of Migration Management, foreigners who violate their legal right to stay may be subject to entry bans into Türkiye for varying periods depending on the duration of the violation and the manner of their departure. Therefore, it is important for foreigners with visa violations to clarify their legal status before leaving Türkiye or submitting a new application.
In visa violation cases, not only the amount of the penalty but also the duration of the entry ban, the risk of deportation, the restriction code, the possibility of applying for a residence permit, and the foreigner's family, work, education, or health ties in Türkiye should be considered together.
Can a foreigner who is banned from entering Türkiye return to Türkiye?
An entry ban to Türkiye is an administrative action that prevents a foreigner from entering Türkiye for a specific period. The duration of the entry ban may vary depending on the reason for the ban. Visa or residence violations, deportation orders, public order or public security reasons may all lead to an entry ban.
According to Law No. 6458, the entry of foreigners deported from Türkiye may be prohibited by the General Directorate or governorships. The duration of the entry ban is generally a maximum of five years; this period may be extended in cases where a serious threat to public order or public security is deemed to exist.
Whether a foreigner subject to an entry ban can re-enter Türkiye is assessed based on the reason for the ban, its duration, the restriction code, whether there are any administrative fines, the possibility of special permission or a visa with endorsements, and the foreigner's family, work, education, or health ties in Türkiye.
In some cases, an administrative appeal can be filed against an entry ban, or a lawsuit can be brought in the administrative court. Therefore, it is important for foreigners with an entry ban to Türkiye to evaluate the legal basis of the ban and the possibility of its lifting before applying for a new visa.
Will foreigners working in Türkiye without a work permit be deported?
In Türkiye, working without a work permit can have legal consequences for foreigners. Foreigners working without a work permit may be subject to administrative fines; furthermore, depending on the specifics of the case, a deportation order or entry ban may also be issued.
In cases of work permit violations, it is not only necessary to examine whether the foreigner is employed, but also the nature of the employment relationship, the employer's status, the foreigner's residence status in Türkiye, any previous violations, administrative fines, restriction codes, and the foreigner's personal ties to Türkiye.
The Directorate of Migration Management's statements regarding work permits indicate that a work permit exemption grants the foreigner the right to work and reside in Türkiye. Therefore, the foreigner's right to work, residency status, and any work permit exemption should be considered together.
For foreigners deported for working without a work permit, the legal grounds for the decision, its proportionality, the individual's family and private life in Türkiye, and the true nature of any employment relationship can be important factors in the litigation process.
What happens if a foreigner who has a deportation order against them is married in Türkiye?
Whether a foreigner facing deportation is married in Türkiye is an important factor in the legal assessment of the case. However, being married in Türkiye does not automatically mean that the deportation order will be lifted in all cases.
In such cases, the authenticity of the marriage, whether the spouses live together, whether the family unit was established in Türkiye, whether there are children together, the foreigner's length of residence in Türkiye, their financial situation, health status, and how their family life would be affected if they were sent back to their country are all evaluated together.
Deportation decisions can affect not only a foreigner's immigration status but also their family life. Therefore, for foreigners with spouses or children in Türkiye, issues such as the right to respect for family life, the principle of proportionality, and the best interests of the child can become important in the legal process.
Different legal avenues, such as applications for family residence permits based on marriage, appeals against deportation orders, applications against entry bans, or humanitarian residence permits, may be evaluated on a case-by-case basis. Therefore, for married foreigners, the case should be examined not only from the perspective of deportation but also from the perspectives of family unity and residence law.
If foreigners are detained or undergoing criminal investigation in Türkiye, will they be deported?
In Türkiye, a foreigner's detention, criminal investigation, or legal proceedings may affect the deportation process in some cases. However, not every criminal investigation automatically results in a deportation order.
The administration may issue a deportation order against a foreigner on grounds of public order or public security. However, this decision must be relevant to the specific case, reasoned, and proportionate. Simply stating in general terms that the foreigner poses a threat to public order may not be sufficient in all cases.
In cases involving foreigners under criminal investigation, the following factors should be considered: the nature of the alleged crime, the stage of the investigation, whether there is a conviction, the likelihood of acquittal or dismissal, the evidence, the foreigner's family and private life in Türkiye, their previous residency history, and the risks they would face upon deportation.
In such cases, criminal law and immigration law must be considered together. This is because developments in the criminal case can directly affect deportation decisions, restriction codes, entry bans, administrative detention, and residence permit processes.