Deportation Orders in Turkey: Understanding the Legal Landscape
Introduction: In Turkey, when a foreign national is faced with a deportation order, the individual must take steps to have the deportation order lifted in order to re-enter the country. This process involves navigating legal procedures and understanding the specific grounds on which the deportation order was issued. In this blog post, we will explore the reasons for deportation, the legal procedures involved, and the importance of seeking legal counsel in such cases.
Reasons for Deportation: Deportation orders in Turkey are issued based on various grounds, depending on the specific circumstances of each case. Understanding the underlying reasons for the deportation order is crucial when initiating the appeals process. Some of the common reasons for deportation include:
- Working Without a Work Permit: Foreign nationals with residence permits but without valid work permits who engage in employment in Turkey.
- Overstaying Visa: Foreign nationals who remain in Turkey beyond the expiration of their visa without proper renewal.
- Failure to Extend Residence Permit: Individuals whose residence permit periods have expired without seeking an extension.
- Sham Marriages: Engaging in fraudulent marriages for the purpose of obtaining residency.
- Unlawful Activities: Involvement in criminal activities leading to conviction and imprisonment.
- Illegal Entry: Entering Turkey using counterfeit documents or by evading border controls.
- Public Health Concerns: Carrying contagious diseases that pose a threat to public health.
- Rejected International Protection Applicants: Foreign nationals whose applications for international protection have been denied, or whose protection status has expired.
It is important to note that deportation reasons are not limited to the examples mentioned above. Depending on the specific circumstances, deportation orders can be issued for various other reasons. The duration of the entry ban is determined according to the grounds for deportation, and individuals subject to deportation are assigned a foreigner restriction code. Removing this restriction code is a critical step, making legal assistance highly valuable.
Procedure for Lifting Deportation Orders: Deportation orders in Turkey are issued by the relevant provincial administration or the General Directorate of Migration Management. Along with the deportation order, an entry ban period is determined for the individual. Under normal circumstances, individuals subject to deportation cannot re-enter Turkey until the entry ban period has expired.
However, there are specific exceptions, and individuals may re-enter the country without waiting for the ban to expire. To do so, they must initiate the appeals process for the deportation order.
There are two primary methods for re-entering Turkey before the entry ban expires:
- Valid Visa: Foreign nationals who possess a valid visa, despite having a deportation order, can re- enter Turkey before the ban period ends.
- Appealing the Deportation Order: By filing an administrative lawsuit challenging the deportation order’s legality, individuals can request its cancellation through the Administrative Court.
Valid Visa: Even if a deportation order has been issued against a foreign national, they can enter Turkey before the ban period expires if they hold a valid visa. This applies to individuals who have obtained legitimate visas for purposes such as education, marriage, or medical treatment. Seeking legal counsel is crucial to avoid any complications in the visa application process and ensure compliance with relevant regulations.
Administrative Lawsuit: To challenge a deportation order, individuals can file an administrative lawsuit alleging that the order is unlawful and seeking its cancellation. This lawsuit must be filed within seven days after receiving the deportation order. Furthermore, the removal of the foreigner restriction code can only be achieved through a lawsuit filed with the Administrative Court.
Conclusion: Dealing with deportation orders in Turkey requires a clear understanding of the reasons for deportation, the legal procedures involved, and the potential exceptions that may allow individuals to re- enter the country before the ban period expires. Seeking the assistance of legal professionals is essential to navigate these complex processes effectively and safeguard one’s rights in deportation cases. If you or someone you know is facing deportation, do not hesitate to contact our experienced legal team at Bayraktar Attorneys for expert guidance and support in resolving these challenging situations.
