Foreigners who visit or reside in Turkey must adhere to the legal right to stay, which includes complying with visa requirements, residence permits, work permits, or visa exemptions. In cases of violation of these legal provisions, Turkish authorities may impose entry bans on the offenders, restricting their re-entry into the country. The entry ban system is governed by Article 9 of the Foreigners and International Protection Law No. 6458, titled “Entry Ban to Turkey,” and is applied following specific principles and duration periods.
Temporary Exit without Entry Ban
In some cases of violating the legal right to stay, foreigners have the chance to voluntarily exit Turkey without facing an entry ban. This option applies when:
a. Foreigners violate the legal right to stay for up to 3 months but leave Turkey before their case is determined by authorities. They must pay administrative fines to avoid future penalties.
b. Foreigners violating the right to stay for up to 3 months and receiving a deportation decision can leave within the stipulated time, settling administrative fines to prevent an entry ban.
Entry Ban Periods
Violations exceeding 3 months can lead to entry bans ranging from 1 month to 5 years. Ban durations correspond to violation periods:
Violation between 3 to 6 months: 1 month entry ban,
Violation between 6 to 1 year: 3 months entry ban,
Violation between 1 to 2 years: 1 year entry ban,
Violation between 2 to 3 years: 2 years entry ban,
Violation over 3 years: 5 years entry ban.
Entry Ban for Failure to Comply with Administrative Fines and Deportation Orders
Foreigners who fail to pay the administrative fines arising from the Fees Law No. 492 or do not comply with deportation decisions face more severe entry bans. These entry bans can range from 3 months to 5 years and apply to specific situations, including:
a. Foreigners who violate the legal right to stay for up to 3 months (excluding 3 months) and are issued a deportation decision, but do not leave within the allowed time or fail to pay the required administrative fines.
b. Foreigners who violate the legal right to stay for more than 3 months (including 3 months) and are issued a deportation decision, irrespective of whether they have paid the administrative fines arising from the Fees Law No. 492.
c. Foreigners who do not exit within the given time frame, despite their residence permit applications being rejected or their existing residence permits being canceled, regardless of whether they have paid the administrative fines arising from the Fees Law No. 492.
d. Foreigners who do not leave within the allowed time despite their work permit applications being rejected or their work permits being canceled, regardless of whether they have paid the administrative fines arising from the Fees Law No. 492.
e. Foreigners who are allowed to enter Turkey under the condition of applying for a residence permit within 10 days but do not apply within the specified timeframe, or who exceed the “90 days in 180 days” rule granted by their visa or visa exemption, regardless of whether they have paid the administrative fines arising from the Fees Law No. 492.
f. Foreigners who have been released from administrative detention with alternative obligations, regardless of whether they have paid the administrative fines arising from the Fees Law No. 492.
Annotated Visa: A Solution for Banned Foreigners
Annotated visas enable banned foreigners to re-enter legally for specific purposes like treatment, education, or tourism. Reasons for entry must be valid and documented.
Removal of Deportation with an Annotated Visa
Deportation violators not paying fines face bans. An annotated visa can lift bans if valid reasons for entry are provided.
Required Documents for Various Visa Types
Different visa types demand varying documents:
Work Visa: Contract, passport, diploma, reference letter, valid residence permit, work permit.
Family Reunification Visa: Passport, visa application, biometric photos, marriage certificate.
Education Visa: Residence permit form, passport, photos, financial proof, student certificate, parental consent if under 18.
Navigating the Legal Path
Entry bans for foreigners violating the legal right to stay in Turkey are essential measures to ensure compliance with immigration laws. Understanding the specific duration periods and options for obtaining annotated visas can assist foreign nationals in navigating the legal complexities and avoiding unnecessary obstacles when re-entering Turkey. It is crucial for foreigners to abide by the visa and residence regulations to prevent any unintended consequences and maintain a lawful stay in Turkey. Seeking legal assistance and understanding the necessary documents for different visa types can further facilitate a smooth and compliant immigration process.
