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ERDAL NUHBASA 

LAW AND CONSULTING FIRM

Travel Ban on Entry into Turkey: A Guidebook for How to Revoke

The ban on entry to Türkiye (Turkey) is applied under Article 9 of the Law on Foreigners and International Protection. This occurs in case of violation of a residence permit, work permit, visa period or visa exemption period. In addition, the Directorate General of Migration Management may ban foreigners from entering Turkey if it considers that they pose a risk to public order, public security or public health. This prohibition can be applied even if the person in question is outside Turkey.


          Entry prohibition to Turkey is regulated by Law No. 6458. The Directorate General of Migration Management has the authority to prohibit the entry of a foreigner in case of an anticipated inconvenience or problem. This involves the assignment of a restriction code that prevents entry through any customs gate. Therefore, when you want to enter the country, you will not be able to enter due to this restriction code, regardless of whether you want to enter by air, land or sea.   

     Understanding the nuances of entry bans is essential for anyone planning to visit or stay in Türkiye, ensuring a smoother and more informed travel experience. Also knowing you rights will be important in terms of the limitation periods that exists after the visa violation. (i.e. 60 days limit for appealing in the administrative courts after the notification). I wanted to write an informative text within the framework of the most frequently asked questions in order to know and remove your travel ban to Turkey and enter the country.

     In the following sections, we will address key questions such as who is susceptible to entry bans, the reasons and duration of entry bans, and where individuals can seek information regarding their status and how to appeal entry ban and where to pay the visa violation fineFor further questions, you can feel free to contact me via section on homepage, whatsapp or email.

Who can be banned from entering Turkey?

       The conditions for travel bans into Turkey can vary, and they are typically determined by Turkish immigration authorities based on various factors. Overstaying is the most common reason for the entry ban. Besides from overstaying there are many reasons for the entry ban on Turkey. Some of these are; 

      • Residence permit violation
      • Work permit violation
      • Carriers of Communicable Diseases Threatening Public Health 
      • Violators of the Law on Foreigners and International Protection
      • Trying to Enter with Fake Documents
      • Migrant Smuggler/Human Trafficker) 
      • Organ/Tissue Trafficking
      • Illegal Organization Activities
      • Forgery
      • Drug Offense 
      • Smuggling Crimes
      • Fraud Crimes
      • Foreigners Carrying Communicable Diseases 
      • Activity against National Security 
      • Murder Crimes
 

         Because overstaying is the main reason for many entry ban, I want to give more details about this reason. If you entered Turkey legally but stayed longer than legally permitted you may face an entry ban. This situation is called as overstaying. Not all overstays are fined with the same penalty, so if you have overstayed, it is important to act quickly to get off with the lightest penalty.

     Overstaying could happen after end of a short or long term residency permit or a a valid visa. In any case, this means that you have extended your stay without authorization from any institution. However, even if you exceed the time you can legally be in the country, it is possible to get rid of the entry ban by fulfilling some conditions.

    The conditions under which individuals who have exceeded the legally recognized period will not be banned from entering Türkiye are as follows:

  1. Foreigners who have exceeded the legally permitted time limit by up to 3 months, but who voluntarily go to the border gates to exit and pay the administrative fine imposed on them.
  2. Foreigners who have exceeded the 3-month deadline, for whom a deportation order has been issued and who go to the border gates to exit within this period and pay the administrative fines.
     It is very important paying the visa violation fine. If you leave the country without paying this administrative fine, you will be banned from entering the country even If the above conditions are met.

Where to Pay a Visa Violation Fine?

    Visa Violation can only be paid to the Fine Collection Cashier (Para Cezası Tahsilat Veznesi) affiliated to the Ministry of Treasury and Finance at the airports by the person who violates the visa rules. In other words, If you overstayed Turkey, you could pay the visa violation fine by  yourself. Your lawyer or any person is not allowed to pay the fine on behalf of you. 

     This may bring the following question to your mind: “I am not in Turkey and how can I pay the visa violation fine?” 

    Don’t worry, once your ban on entering Turkey expires and you come to Turkey with a valid visa, you can visit the visa violation office and pay the fine. 

 Things to consider when making a payment;

– Payment is made only in Turkish Lira. 

– Payments must be in cash only. 

vezne

What are the other reasons of a ban on entry to Turkey?

   In addition to the cases mentioned earlier related to overstaying the legally recognized period, there are several other circumstances that may result in a ban on entry to Turkiye. In the cases listed below, a ban on entry to Turkey is applied from 3 months to 5 years.

  • Foreigners who do not pay administrative fines when voluntarily leaving the border gates after exceeding their legal period of stay,
  • Foreigners who have been invited to leave the country after exceeding their legal period of stay and who do not leave the country within the allotted time and/or do not pay the administrative fine,
  • Foreigners who have exceeded the legally recognized period for more than 3 months and for whom a deportation order has been issued. (It does not matter whether the fine has been paid or not.)
  • Foreigners whose residence permits have been refused or revoked and who have not left the country within the allotted time (regardless of whether a fine has been paid or not).
  • Foreigners who have used all the days of their visa or visa exemption in accordance with the 90-day rule within 180 days, and have been admitted to the country with the condition to apply for a residence permit within 10 days, but have not applied for a residence permit. (It does not matter whether the fine is paid or not.)
  • Foreigners whose administrative detention order is terminated and subjected to different obligations.
  • Foreigners who are deported in the company of authorized personnel. (It does not matter whether the fine is paid or not.)
    •  

How are foreigners notified for a ban on entry to Turkey?

    Despite Article 10 of Law No. 6458 regulating the notification of entry ban decisions to the addressee, it is often the case in practice that such decisions are not notified directly to the addressee. Therefore, individuals usually learn that they are subject to an entry ban through verbal notification or through documents related to other administrative proceedings. 

     Entry bans and related decisions are typically made by Turkish immigration authorities, and the affected individual is usually informed by the authorities at the time of the ban. (usually at the border gates)

  • Persons who are outside the Republic of Türkiye and who have been issued a ban on entry into Türkiye on the grounds that they may pose a threat to public order or public security or public health shall be notified of this decision by the authorized institution at the border gates when they arrive to enter Türkiye.
  • Persons who have been deported from the Republic of Türkiye shall be notified of the decision to ban their entry into Türkiye by the governor’s offices. 

How can I learn whether I have entry ban or not?

     Inquiring about a Turkish entry ban is a crucial step for individuals seeking clarification or resolution regarding their travel status.  While you are waiting in the passport control queue, you may be shocked after finding out that you are banned from entering the country. So, learning entry ban before coming to Turkey will be the best option. 
       The most common question is; Is it possible to check online If I am banned from entering to Turkey? The answer is “No!” Also You can’t learn the details about your entry ban through the Turkish Consulate or Turkish Embassy. So, If you wonder How to check If I’m banned from entering Turkey? Here are the answers:  
kiosk
  •  You can inquire about the entry ban to Turkey at border gates. Actually this is something that you can make in transit flights. While you are in airport you can ask the police at the gates. 
  •   The best and most detailed way to learn the entry ban to Turkey is to ask the Migration Management Office in Turkey by giving power of attorney to lawyer.

  The lawyer will visit the Migration Management and show them the power of attorney and learn those things;

  1. Do you have an entry ban to Turkey or not?
  2. If you have entry ban, how many months/years do you have?
  3. What is the reason of the entry ban?
  4. How you can appeal the decision and what are your other rights and responsibilities?
 

     It is very important to learn the relevant details in a timely manner. This is because once you know about the ban on entering Turkey, there are deadlines to apply for the ban to be lifted. If these deadlines pass, you may lose your rights. 

    If you have committed a visa violation, you can pay the visa violation fine by going to the Visa Violation Department at the airport by yourself. Your lawyer is not allowed to pay the fine, that’s why you need to pay by yourself at the airport. Getting visa process will not be affected by the visa violation fine but after you have your visa and you are in the airport you will need to pay the fine to enter into country.

When will my Entry Ban finish? 

     The ban on entering Turkey varies between 6 months and 5 years depending on the reason for the ban. Exceptionally, for very serious crimes or public security reasons, the ban on entry to Turkey can be imposed indefinitely. 

   Each ban has a code and thanks to these codes, it is possible to know  “Why do you have entry ban?”. If you have not been notified of the reason for the ban, it is possible to find out through giving power of attorney a lawyer. Also, If you want to learn “When will your entry ban finish?” it is only possible to check this status with a lawyer. For more details you can contact me.

    Foreigners who have overstayed in Turkey will be banned from entering the country for periods ranging from 1 month to 5 years. This period is determined according to the overstay period.

  •  

How to revoke the entry ban to Turkey?

     In order to understand the process of lifting the ban on entry into Turkey, it is important to know why the ban was imposed in the first place. 

  • If the entry ban was imposed because the foreigner exceeded the legal period of stay in Türkiye, the entry ban will be lifted automatically upon the expiry of this period.
  • However, if the entry ban poses a threat to public order or security, there are two methods to lift the ban.

     1. The first method is to lift the ban on entry into Turkey by the Directorate General of Migration Management. The Directorate General may lift the ban or allow the foreigner to enter Turkey for a certain period of time without lifting the ban.

     2. The second method is for the foreigner to file a lawsuit against the ban on entry to Turkey in the administrative courts. 

         In order for the foreigner to lift the ban on entry to Türkiye, he/she must prove that the reason for the action taken by the administration is unlawful. In the lawsuit, the foreigner may request a stay of execution and ask for a temporary lifting of the ban until the end of the lawsuit. In this case, the foreigner must file a lawsuit for the removal of the restriction code. The foreigner will be able to request the annulment of the administrative action taken against him/her by filing a lawsuit for the removal of the restriction code in the administrative courts and if the action is annulled, the foreigner will be able to come to Türkiye again.

Conclusion

        The application of the entry ban must strictly adhere to the legal requirements set out in the law to prevent arbitrary enforcement by the administration. In cases where the entry ban is imposed unjustly, the affected foreigner has the right to challenge the decision through legal proceedings. They can file a lawsuit in administrative courts to request the lifting of the ban, which provides a legal recourse for individuals to challenge unjustified entry bans and potentially regain the ability to enter into Türkiye.

      It is possible that you may have an entry ban to Turkey just because your name, surname and some of other personal information are same with another banned person whom officials dont have passport information. Yes, it can be shocking but it is true story. Sometimes If officials don’t have exact passport number of the person, they ban many people If their information match with the name, surname, nationality and birth year of the banned person.   

      Travelers and foreigners should adhere to visa regulations and immigration laws to avoid entry bans. If there are concerns about a potential ban, individuals should contact the Turkish Consulate for clarification and guidance. If you dont have enough information from them you can reach out me via whatsapp or email. 

    Keep in mind that immigration policies and procedures may change, and it’s advisable to verify the current information by checking the official website of the Turkish Directorate General of Migration Management or contacting me directly  for the most up-to-date guidance.

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