How to Lift the Entry Ban to Turkey?
- Av. Hilmi KARACA
- Jan 6, 2024
- 7 min read
An entry ban is an administrative action applied to foreigners who have either been in Turkey or have never been but are subjected to an entry ban for various reasons. Depending on the reason for the entry ban, it is possible to lift it by appealing to the judiciary or by applying to the relevant administrative authority that implemented the administrative action.
In What Cases is an Entry Ban Imposed?
Entry bans can be imposed on foreign nationals for many different reasons. The first that comes to mind are individuals who have been issued a deportation order. If a person has been deported under such an order or has left Turkey following the order, there is a high likelihood of an entry ban being applied. Additionally, entry bans will be applied to those who have violated their visa terms. Moreover, even if a person has never entered Turkey, entry bans can be imposed for individuals considered a threat to public order, public safety, or public health.
Deportation Order: This is regulated to be applied to those who violate the reasons listed in Article 54 of the Law on Foreigners and International Protection (LFIP). Such decisions can be made by the governorates.
Visa Violation: This refers to exceeding the visa duration or acting beyond the scope of the visa. Exceeding visa duration might be exemplified as staying for four months on a three-month visa. Acting beyond the scope of the visa could be, for example, working without a work permit while holding a student residence permit.
Durations of Entry Bans
The durations of entry bans imposed on foreigners in Turkey can range from a minimum of 1 month to up to 15 years. These periods are determined based on the reason for the entry ban applied to the individual.
We can categorize the entry bans applied for visa violations under four headings:
1. Cases Where No Entry Ban Will Be Imposed:
Visa violation of less than 3 months and reaching the border gate without the violation being detected.
Visa violation of less than 3 months, the violation is detected, and reaching the border gate within the given period to leave.
2. Cases Where Entry Ban Will Be Imposed for 1 Month to 5 Years:
If a foreigner commits a visa violation of 3 months or more and reaches the border gate on their own accord without being detected by the authorities, and pays the penalty for the visa violation, an entry ban ranging from 1 month to 5 years will be imposed.
Visa Violation | Entry Ban |
3 - 6 months | 1 month |
6 months - 1 years | 3 months |
1 - 2 years | 1 year |
2 - 3 years | 2 years |
+3 years | 5 years |
3. Cases Where Entry Ban Will Be Imposed for 3 Months to 5 Years:
If a foreigner commits a visa violation of up to 3 months and reaches the border gate on their own accord without being detected by the authorities, but does not pay the penalty for the visa violation, and does not comply with the given period to leave or leaves without paying the visa violation penalty.
If a foreigner commits a visa violation of more than 3 months and reaches the border gate on their own accord without being detected by the authorities and leaves without paying the imposed visa violation penalty.
If the application for residence or work permit is denied or an existing residence or work permit is canceled, and the individual fails to leave the country within the given period.
In the case of deportation, if the individual is deported through a deportation process.
Visa Violation | Entry Ban |
0 - 3 months | 3 months |
3 ay - 6 months | 6 months |
6 months - 1 year | 1 year |
1 - 2 years | 2 years |
+2 years | 5 years |
4. Cases Where an Indefinite Entry Ban Will Be Imposed:
Foreign nationals who leave the country without paying the administrative fine and visa violation penalty will not be able to enter the country until these penalties are paid.
5. Cases Where a 15-Year Entry Ban Will Be Imposed:
As a rule, the maximum duration of an entry ban to Turkey is set at five years. However, in cases where there is a serious threat to public order or public safety, this period can be extended by the Directorate General of Migration Management by up to ten more years, making it a maximum of fifteen years.
As mentioned above, some entry ban durations are short, so waiting for the duration to pass may be sufficient without resorting to administrative application or legal proceedings. However, it is still possible to lift the entry ban during this period by applying to the relevant administration. Therefore, instead of waiting for the period to pass or resorting to legal action, one might prefer to make an application to the relevant administration. However, it should be noted that even in the case of short-term entry bans, the general policy of the administration tends to be in favor of rejecting the applications.
Administrative Application Against Entry Ban
When an entry ban is imposed on foreign nationals, an administrative application can be made before filing a lawsuit. However, this administrative application is not mandatory as a rule for filing a lawsuit. But if the entry ban procedure has been notified and legal action is not taken within the legal time frame, it will not be possible to directly file a lawsuit. Accordingly, the first step is to apply to the administration that imposed the entry ban for its removal. The administration may either lift the entry ban or reject the application based on this appeal. If the administrative application is accepted and not rejected, the entry ban will be lifted. However, if it is rejected, the only way to possibly lift the entry ban will be through legal proceedings.
Lawsuit Against Entry Ban
Since an entry ban is an administrative action implemented by the administration, it is possible to have it lifted through legal proceedings. Due to some entry ban durations being long, and administrative applications not yielding results, resorting to legal action becomes necessary. Therefore, legal action can be the only solution to the problem. To initiate a lawsuit to lift the entry ban, it must be filed at the administrative court in the area of the authority that imposed the ban within sixty days of the entry ban procedure being notified to the person or their attorney. This mentioned period is important to avoid loss of rights.
However, for this period to be applicable, the entry ban decision must be notified to the foreign national in a language they understand, they should be reminded of their legal rights, and their signature should be obtained on the notification form. Otherwise, even if it is claimed to have been notified and signed, it won't be considered a valid notification.
Competent and Jurisdictional Court
An entry ban is an administrative action imposed by the administration. The competent court is the administrative court. In this case, a cancellation lawsuit must be filed at the administrative court located in the area of the authority that imposed the action.
Restriction Codes
Another important aspect regarding the entry ban is the restriction codes. Even if all the matters expressed within the scope of this article regarding the entry ban are conducted, some imposed restriction codes must be lifted before entry to the country is allowed. Therefore, it would be prudent to conduct the process after evaluating what the applied restriction code is, whether it is limiting or informative, among other factors.
Importance of Lawyers
Lawsuits for lifting entry bans can be considered critical decisions that directly affect the legal statuses of foreign individuals and their rights to stay in the country, crucial for regaining their entry rights. The necessity of meticulously following the legal processes, procedural actions, and deadlines brings along the great importance of legal services in this area.
In lawsuits for lifting entry bans, lawyers play a critical role in protecting their clients' rights and interests, ensuring legal justification, and conducting procedural actions accurately and completely. Proper management of the legal process and effective legal justification for the case are highly significant in achieving positive outcomes against entry ban decisions. Otherwise, the risk of foreign individuals facing entry bans and losing their rights to enter the country is likely. This situation can lead to serious adverse effects on their social, economic, and personal lives. Therefore, lawyer support in filing lawsuits against entry ban decisions is essential to prevent loss of rights and achieve the best outcome.
Frequently Asked Questions
How long is my entry ban to Turkey?
The duration of an entry ban varies depending on the reason it was imposed. To find out the duration, you can inquire at the Directorate General of Migration Management, border gates, Turkish embassies, or consulates.
What are the reasons for my entry ban to Turkey?
An entry ban can be imposed for many different reasons. These include having a deportation order against you, committing a visa violation, or being deemed a serious threat to public order or security by the Directorate General of Migration Management. This information can be obtained from border gates or Turkish embassies or consulates in your country.
When does my entry ban to Turkey end?
The entry ban continues for the duration it has been imposed if one waits out the period. However, the ban might end sooner through legal or administrative applications. There is no specific timeframe for this.
Can my entry ban to Turkey be lifted?
Yes, since an entry ban is an administrative action, it can be lifted. Lifting the entry ban can be sought through administrative or legal means.
How can my entry ban to Turkey be lifted?
The authority that imposed the entry ban can lift it without any need for an application, or it can be lifted through an application. However, it can also be lifted through legal means, not just administratively.
I have an entry ban to Turkey. Can I obtain a Residence Permit?
No, an entry ban is a reason for rejection when applying for residence or work permits. The entry ban must be lifted first.
I have an entry ban to Turkey. Can I enter with a Visa with Annotations?
Yes, even if there is an entry ban in place, individuals can enter the country with a visa known as a Visa with Annotations.
I have an entry ban to Turkey. How can I give power of attorney to a lawyer?
You don't need to be in Turkey to give a power of attorney. If you are or were a Turkish citizen, you can give power of attorney at Turkish Consulates. If the person wanting to give power of attorney is a foreign national, they should prepare the power of attorney in their own language according to their own country's law, get it apostilled, send it to Turkey, and then have it translated by a sworn translator in Turkey. This is the procedure for giving power of attorney.