Deportation Process
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A deportation decision means the deportation of a foreign national in Turkey and the imposition of a ban on entry to Turkey. If a foreign national violates his visa (for example, staying for 6 months with a 3-month visa) or engages in illegal and immoral activities within the Republic of Turkey, he will be deported. In addition, if he/she engages in activities such as being dangerous to public or national security or health, or using a visa granted for a specific purpose for a different reason (for example, working without a work permit), deportation is possible as a result of these situations.

Persons who are not bound to the Republic of Turkey by citizenship are considered "foreigners" within the Turkish legal system. Foreign persons have a different legal status. However, the main factor for a person to be considered a foreigner is whether he or she has Turkish citizenship.

In order for the foreigner against whom a deportation decision has been issued and processed to re-enter the Republic of Turkey, the entry ban must be lifted, that is, the deportation decision must be lifted. Removal of the deportation decision may present very important situations for foreign nationals. For example, deported people have to live separately from their spouses and children or may encounter problematic conditions in the countries to which they are sent.

Reasons for Deportation
The most important issue regarding the lifting of the deportation decision is the reason on which the deportation decision was made. Accordingly, a foreign national may be deported for a short period of time or may be banned from entering Turkey for life. The reasons for deportation are diverse. Among these, the most common reasons we encounter include exceeding the visa limit or not extending the residence permit period. When we consider the illegal behavior of a foreign national within the Republic of Turkey, which we have determined as one of the most basic reasons, we encounter the following reasons in practice:

Although a foreign national has a residence permit, he is working in Turkey without a work permit. Foreigners working illegally are deported when they are detected.
A foreign national who does not leave Turkey even though the visa he/she has obtained to stay in Turkey has expired will be deemed to have a visa violation and will be deported. In this case, which is called a visa violation, if the foreign national pays the visa violation penalty and then exits or enters the country and applies for a residence permit within the next 10 days, he will not be deported. For more detailed information on this subject, please review our Deport Penalty Calculation page.
Even though the residence permit has expired, a foreign national who does not renew this permit will be deported if detected.
Foreign nationals sometimes enter into arranged marriages in order to have certain rights in Turkey. If such fake marriages are detected, the foreign national will be deported again. Additionally, the restriction code numbered V70 is entered for the person.
Foreign national, prostitution etc. in the Republic of Türkiye. If he/she has engaged in immoral behavior such as, he/she will be caught and deported.
Other Deportation Reasons...
Another reason for deportation is that a foreign national commits a crime and receives a prison sentence accordingly. In addition, foreign persons who are members or sympathizers of a terrorist organization are also deported under this scope.
Deportation of people who enter Turkey illegally or with fake documents is also a common reason. If a foreign national who has a deportation decision has made a prohibited entry into Turkey in any way, the person will also be deported.
If it is determined that the foreign national has a contagious disease that may endanger public health, a deportation decision may be issued for the person.
A deportation decision may also be imposed on foreign nationals whose international protection applications have been rejected and foreigners whose protection status has expired.
The reasons we have listed here are only a part of all the reasons. It is also possible for a foreign national to be deported based on other reasons. Depending on the reason for deportation, the duration of the person's entry ban into the country is also determined. As we mentioned, different periods occur depending on each reason. However, when we look at these periods in general, we can see that they vary between 5 months and 5 years. In some cases, this ban can last up to 10 years.
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In some cases, a restriction code is placed for the deported person depending on the reason for deportation. For this reason, it is of great importance to remove the code applied to the foreign national. It is equally important to continue this process with the help of an expert. In fact, before starting the deportation process, it is necessary to check what kind of restriction code the foreign national has. If the restriction code is restrictive rather than informative, the action to be taken changes slightly and becomes more difficult. You can read detailed and comprehensive information about restriction codes, which are programs that ban foreign nationals from entering Turkey, on our Deportation Removal page.
Who Makes the Deportation Decision?
The decision to deport a foreign national is made by the General Directorate of Migration Management of Turkey or the relevant governorship. At this point, the period of ban on entry to the country for the foreigner is determined, and the authority of the administrative authorities in determining this period is quite broad. However, a period of time will be determined within the limits prescribed by law. As we mentioned, administrative authorities have broad powers and these powers are sometimes used impulsively. However, judicial remedies are also open against an authority used in this way.

Deport Removal Process
A foreign national who has a deportation decision, that is, a deported foreign person, cannot enter the country before the entry ban on Turkey expires. But there are some exceptions to this situation. In other words, it is not always necessary to wait for this period to expire.

Deportation removal can happen in two ways. First of all, the foreigner may have received a visa with legal authorization. With this visa, he can enter Turkey before the deportation decision expires. Secondly, the foreign person may request a lawsuit through the administrative court regarding the annulment of the deportation decision made about him. We will share details about these two ways in the rest of the article.

Deportation Removal with Annotated Visa
The only way for a foreigner to enter Turkey despite a deportation decision is to obtain a visa with authorization. A foreign national, for whom a deportation decision has been issued, can enter Turkey with a valid visa for marriage, education or research, work or treatment, even though the entry ban has not expired. In order to obtain these visas that we have mentioned, the documents based on these reasons must be documented during the visa application. Otherwise, the application will be rejected. When an annotated visa invitation application is made by people who are not experts in their field, a rejection decision is usually made. It would be beneficial to carry out these processes with experts who have worked on this subject before.

It is not possible for some people to request a visa with authorization. At this point, membership in a terrorist organization means deportation due to reasons such as operating against the state. These people cannot enter the country by requesting a valid visa, but if they file a lawsuit in the administrative court requesting the annulment of the deportation decision and if this case is concluded positively for the person, the deportation decision will be lifted and the foreign national can enter Turkey.
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Lawsuit Method Against Deportation Decision
Objection to the deportation decision can be made through litigation. The deportation decision is an administrative action since it is a decision taken by the administrative authorities. In order to cancel an administrative action, an annulment lawsuit must be filed in the administrative court. All work and transactions carried out by the administration can be subject to judicial review. These actions taken by the administration are considered lawful as long as they are not taken to court.

If a deportation decision has been made for a foreign national, the administration that made the decision notifies the foreigner in question or the legal representative of this foreigner with a justification of the decision taken.

The foreign national to whom the deportation decision will be applied may file a lawsuit for annulment of the decision in the relevant administrative court, claiming that the deportation decision given against him within this framework was taken unlawfully. At this point, there is a seven (7) day limitation period to file this lawsuit, which is an objection to the deportation decision. The foreign national must file this lawsuit within seven (7) days from the date of notification of the deportation decision. The point to be considered at this point is this: The foreign national who has been notified of the decision must act as quickly as possible regarding the case. Because when a foreign person who wants to go to litigation goes to his lawyer, there are many procedures that the lawyer must do and that will take a lot of time (for example, corresponding with the provincial immigration administration, collecting documents that will be collected from another place depending on the content of the case or writing a petition, researching the necessary decision, filing a lawsuit, etc.). ) is available.
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Deportation Cancellation Case...
Generally speaking, an annulment lawsuit filed in the administrative court against the decision stops the implementation of the deportation process against the foreigner. In other words, a foreign national cannot be deported until the court makes a decision on the issue. The person can continue to stay in Turkey, which is a very good right for a foreign person.

In some cases, a code is assigned to the deported person depending on the reason for deportation. For example V-70 or G-87 etc. like codes. The removal of such codes depends only on a lawsuit filed in the administrative court. You can get detailed information on this subject from the website of the Directorate of Immigration Administration.

Deportation Procedure and Process
The foreigner, for whom deportation grounds have been met, may have been caught by the security forces. Or, if an official institution notices the problem with the foreign national, it may have reported the situation to the law enforcement. In addition, the foreign person can, at his own request, notify the Immigration Administration or law enforcement about his situation and accordingly declare that he wants to leave Turkey.

The captured/surrendered foreign national is first taken to the hospital and examined. Afterwards, he/she is taken to the place determined by the Immigration Administration of the province where he/she is located for such situations. Here, documents regarding the deportation of the foreign national are prepared. At this stage (that is, before the decision is made), the foreigner can hire a lawyer, meet with his lawyer, have his lawyer meet with the Provincial Immigration Administration in order to avoid a deportation decision, or can object to the decision by obtaining the necessary documents.

What is Invitation to Leave (Call to Abandon, Invitation to Abandon)?
If the foreign national who meets the conditions for deportation makes the application to the police / law enforcement forces regarding his deportation himself, or if, through his lawyer, he ensures that a decision is made to issue an invitation to leave rather than deportation, the person may not have to be taken to the Removal Centre. . For foreign nationals in such a situation, there is a legal procedure called invitation to leave (invitation to leave, call to leave), which is much better for the foreigner. A foreign person who is subject to an invitation to leave procedure is given a minimum of 15 days to leave Turkey. The upper limit of this period is determined as 30 days.

In order to be invited to leave, it is not necessary for the foreign national to have reported his/her situation to the security / law enforcement forces. In normal cases, a person who has been found to have violated his visa and whose deportation decision has been issued by the administration may also be invited to leave. This situation is entirely at the discretion of the administration. However, if the foreign national has voluntarily reported his situation to the security / law enforcement forces, there is no rule that the provisions of the invitation to leave procedure will necessarily apply to this foreign person. At this point, the personal situation, history and general subjective characteristics of the foreign national whose deportation conditions have been met are examined. For the foreign person to be deported, there is suspicion of hiding or escaping, having made prohibited exits and entries, trying to do business with forged documents, etc. If such situations occur, the procedures for inviting abandonment are not implemented at this point.
Who Cannot Be Deported?
If a foreign national will face the risk of torture or death in the country to which he will be deported, it is not possible to deport this person. At this point, the presence of realistic symptoms is checked.

If the foreign national to be deported has a special condition that prevents him/her from traveling, such as old age or pregnancy, it is not possible to deport this person.

The person in question is undergoing important treatment in Turkey and this treatment is not possible in the country to which he will be transferred, or the transfer process will adversely affect the foreign national's health, etc. In such cases, deportation cannot be carried out again.

Foreign persons who have been subjected to human trafficking, sexual violence or significant levels of physical or psychological violence and who are still receiving treatment for this issue cannot be deported in this context.

It is determined by law that no deportation decision will be issued for all these people. But as a result, these foreigners are also people who have met the conditions for deportation. For this reason, they may be required by the competent authorities to live in a fixed place. Additionally, they may be asked to make certain notifications (for example, going to the Provincial Immigration Administration and signing) within certain periods of time.
Statute of Limitations for Filing a Case
The statute of limitations for cases filed requesting the annulment of the deportation decision is 15 days. The foreign national must file the necessary annulment lawsuit within a maximum of 15 days from the date of submission or notification of the deportation decision.

The cancellation of the restriction code issued to the person along with the deportation decision does not occur after the expiration of the period. These codes can only be removed by filing a lawsuit. There is no limitation period for this.
Competent Court in Charge of Deportation Procedure
In annulment cases to be filed for the annulment of the deportation decision, the competent courts are the administrative courts. Since the deportation decision is an administrative procedure, the institution that will check the legality of the decision is the administrative court.

The competent court on the matter is the court where the administration that made this decision, which is an administrative action, is located. In other words, the foreign national who will be subject to a deportation decision must file a lawsuit for the annulment of this decision in the administrative court where the administration applying the action is located.

The Importance of Experts in Deportation Process and Cases
The legal procedure for the deportation of foreign nationals is clearly stated in the law. However, it has scattered provisions in terms of legislation. As the foreign national is far from Turkish law, the way these provisions are implemented does not always work within the framework of the law.

Deportation is an administrative procedure. It is not a judicial decision. For this reason, many illegal situations may arise at the point of implementation. In particular, some foreign nationals who should not be deported may be deported unlawfully, even though it is certain that they will encounter some dangers in their destination country.

It is possible for the deported person to return to Turkey before completing the sentence. The possibility of this situation depends on the correct and rapid execution of the legal procedure on the subject. For all these reasons, it would be most beneficial for the foreigner to request legal assistance from experienced experts on the subject, for whom a deportation decision has been made. You can reach our experts on 08507629344 for consultancy services in Turkey work permit applications, residence permit appointments, marriage and divorce procedures, registration for exams, translation of temporary protection and international protection applications and status documents, translation of Turkish citizenship or deportation documents and other issues. You can get support from our translators.
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