Frequently Asked Questions About Deportation
What Is Deportation?
It is the removal of a foreign national subject to a deportation order to their own country, the country through which they will transit, or a third country.
A foreign national subject to a deportation order, or their legal representative or lawyer, shall be notified of the deportation order along with its legal grounds.
The foreign national or their legal representative or lawyer may appeal the deportation decision to the administrative court authorized to hear such cases within fifteen days of notification of the decision.
Provided that the foreign national consents, the foreign national shall not be deported during the period for filing a lawsuit or, if legal action is taken, until the trial is concluded.
How is Deportation Revoked? How is the Penalty Paid?
Foreigners who have been deported and are prohibited from entering our country must complete certain procedures if they wish to return to our country during the period of prohibition.
Necessary investigations are conducted and concluded in accordance with legitimate requests other than tourist visas (such as education, family reunification, court proceedings, rehabilitation, real estate ownership, etc.).
Who is Subject to Deportation?
Foreign nationals deemed subject to deportation under Article 59 of Law No. 5237,
Foreign nationals who are leaders, members, or supporters of terrorist organizations, or leaders, members, or supporters of criminal organizations for profit,
Foreign nationals who have used false information and forged documents in the procedures for entry into Turkey, visas, and residence permits,
Foreign nationals who have earned their livelihood through illegal means during their stay in Turkey,
Foreign nationals who pose a threat to public order, public safety, or public health,
Foreigners who exceed the visa or visa exemption period by more than ten days or whose visas have been revoked,
Foreigners whose residence permits have been revoked,
Foreigners who have a residence permit but violate the residence permit period by more than ten days without a valid reason after the expiration of the permit,
Foreigners found to be working without a work permit,
Foreigners who violate decisions regarding legal entry into or legal exit from Turkey,
Foreigners determined to have entered Turkey despite being subject to an entry ban in Turkey,
Foreign nationals whose international protection applications have been rejected, who have been excluded from international protection, whose applications have been deemed inadmissible, who have withdrawn their applications, whose applications have been deemed withdrawn, whose international protection status has expired or been revoked, and who, following the final decision on their case, are not entitled to remain in Turkey under other provisions of this Law ,
foreigners whose residence permit extension applications have been rejected and who have not left Turkey within ten days,
foreigners who are assessed to be associated with terrorist organizations defined by international institutions and organizations,
(2) A decision to deport may be taken at any stage of the international protection process in relation to persons who are applicants for international protection or beneficiaries of international protection status who are assessed to fall within the scope of subparagraphs (b), (d), and (k) of the first paragraph of this article.
What is a Call to Leave Turkey?
It refers to the practice of granting foreigners who have been subject to a deportation decision a period of 15 to 30 days (with an exit permit) to leave Turkey, provided that this is specified in the deportation decision, and requesting that they leave the country within this period without being accompanied by law enforcement personnel. Foreigners who are called to leave Turkey cannot apply for a residence permit or work permit during this period.
To Which Foreigners Does the Call to Leave Turkey Not Apply?
Foreigners who have been issued a deportation order and who pose a risk of absconding or going missing, those who violate legal entry or exit requirements, those who use forged documents, those who attempt to obtain a residence permit with false documents or those who have been determined to have done so, those who pose a threat to public order, public safety, or public health, and those who are leaders, members, or supporters of terrorist organizations or leaders, members, or supporters of criminal organizations for profit.
Who Are the Foreigners Who Will Not Be Subject to Deportation?
Foreigners who face serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country to which they will be deported,
Foreigners whose travel poses a risk due to serious health issues, age, or pregnancy,
Foreign nationals who are undergoing treatment for life-threatening illnesses and who have no possibility of receiving treatment in the country to which they would be deported,
Foreign nationals who are victims of human trafficking and who are benefiting from victim support processes,
Foreign nationals who are victims of psychological, physical, or sexual violence, until their treatment is complete, shall not be subject to a deportation decision.
These individuals may be required to reside at a specific address and to report in the manner and at the intervals requested.
Separately;
Foreign nationals who voluntarily arrive at border gates to depart within 10 days after their visas or residence permits have been revoked,
Foreign nationals who voluntarily arrive at border gates to depart after exceeding their visa or visa exemption period by more than 10 days,
Foreigners who entered with a visa or visa exemption and whose residence permit applications were rejected, but who used their visa or visa exemption period,
Foreigners who voluntarily come to the border gates to leave the country after exceeding the duration of their residence permit by more than 10 days without a valid reason after the permit expired,
Foreign nationals whose residence permit extension applications have been rejected and who come to the border gates on their own to leave the country within 10 days,
Foreign nationals who have withdrawn their international protection application or are deemed to have withdrawn it, and who have declared in writing that they waive their right to appeal and wish to return to their country voluntarily,
Foreign nationals who have withdrawn their international protection application or are deemed to have withdrawn it, who have declared in writing that they waive their right to appeal and who have the right to remain in Turkey according to other provisions of the Law,
Until a final decision is made by the court, no decision to expel shall be taken in relation to foreign nationals who have submitted inadmissible applications and who have applied to the courts for accelerated assessment within the framework of international protection applications.
Foreigners wishing to enter our country and foreigners wishing to leave our country must enter/exit through our open border gates with valid passports or documents serving as passports.
Foreigners who are leaving our country and do not have a valid passport or passport substitute document with them may leave with a document (such as a passport or travel document) obtained from their own embassy.
Foreign nationals entering/exiting our country are required to present their passport or passport substitute document(s) and other documents to officials upon entry/exit.
Deportation Inquiry
If there is suspicion that a foreigner entering our country is among those who will not be allowed to enter our country, law enforcement agencies may conduct a detailed investigation. During these procedures, the foreigner’s situation is investigated, and this control process is completed within a maximum of four hours. This period does not include the time spent on legal proceedings. If the four-hour period is exceeded, the foreigner’s consent is sought. During the extended control period, the foreigner may return to their country or wait for the completion of procedures related to their admission to the country.
Foreign nationals determined to be among those who will not be permitted to enter our country are treated as inadmissible passengers and are removed from our country by making the necessary notifications and coordinating with the carrier company for departure procedures.
Foreigners Who Will Not Be Permitted to Enter Our Country
Those without a passport, passport substitute document, visa, or residence or work permit, as well as those who have obtained these documents or permits by fraudulent means or whose documents or permits are found to be forged; those without a passport or passport substitute document valid for at least sixty days from the expiration of their visa, visa exemption, or residence permit; Those whose entry into Turkey is prohibited, those deemed harmful to public order or public safety, those carrying a disease classified as a threat to public health, those accused or convicted of crimes subject to extradition under agreements to which the Republic of Turkey is a party, those without valid health insurance covering their stay in our country, those whose entry into Turkey, those who cannot justify their intention to transit through or stay in Turkey with valid reasons, those who do not have sufficient and regular financial means for the duration of their stay, those who do not pay debts that are subject to collection and enforcement in accordance with the Law on the Collection Procedures of Public Debts dated 21/7/ or refuse to pay debts and penalties imposed on them under the Turkish Penal Code dated 26/9/2004 and numbered 5237, shall not be permitted to enter our country and shall be returned.
What is an Entry Ban?
Preventing a foreigner from entering our country means not granting them permission to enter. A foreigner subject to an entry ban may enter our country under normal conditions, but the General Directorate of Migration Management may lift the entry ban and allow the foreigner to enter Turkey for a specific period, provided that the entry ban remains confidential.
Foreign nationals who are outside our country and whose entry into Turkey is deemed undesirable for reasons of public order, public safety, or public health may be prohibited from entering the country.
Foreign nationals who have been deported from our country are prohibited from entering Turkey.