Deportation or expulsion from Turkey is one of the most significant concerns for foreign nationals, especially Iranians, who reside in the country for various reasons or intend to migrate to Turkey. Deportation means compelling an individual to leave the country and prohibiting re-entry for a specified period, which can have severe consequences for the individual’s life, work, and education.
This matter is taken very seriously in Turkey, a country sensitive to immigration laws, and any violation of immigration and residency rules can lead to a deportation order. In such situations, specialized legal consultation and legal follow-up for the cancelation of deportation is the only effective solution for affected individuals to pursue their rights and regain the possibility of returning to the country. This article will examine the concept of deportation, factors leading to expulsion from Turkey, legal methods for deportation cancelation, and important points in this area.
What is Deportation from Turkey?
Deportation is essentially the formal expulsion of an individual from the country, issued due to the violation of immigration laws, unauthorized presence, or security concerns. This decision is made by Turkish legal authorities, and deported individuals lose the right to enter Turkey for a specific period or sometimes permanently. Common grounds for deportation include illegal entry, unauthorized work activities without a permit, violation of residency rules, and judicial convictions.
Deportation from Turkey is a formal process that occurs after review and issuance of an order by Governorships (Valilik), the Directorate General of Migration Management, and the courts. Furthermore, the deported individual must pay a financial fine, the amount of which varies depending on the duration of the violation and other circumstances. It is essential to note that deportation is a legal order and can only be canceled or appealed through proper legal follow-up and the services of an experienced lawyer.
Who is at Risk of Deportation from Turkey?
According to Law No. 59, enacted to maintain security and public order in Turkey, the following groups are at risk of deportation due to violations and security issues:
- Individuals who have been convicted of crimes with a prison sentence of two years or more and must be returned to their country after completing their sentence.
- Those involved in terrorist activities or affiliated with terrorist organizations.
- Individuals who have used forged documents or fraudulent visas to enter Turkey.
- Those whose income is derived from illegal and unauthorized activities.
- Individuals who remain in Turkey for more than 10 days without extending their residence permit after its expiration.
- Individuals whose residence permits have been canceled.
- Those working without a valid work permit.
- Individuals with illegal entry and exit from the country.
- Individuals and groups affiliated with terrorist organizations.
- Those who have entered Turkey despite a re-entry ban.
- Individuals who have not left the country after their residency application was rejected.
- Individuals whose international protection applications have been rejected.
- Other individuals who, according to Turkish immigration law, pose a threat to the country’s security.
Legal Methods to Cancel Turkish Deportation
Foreign nationals facing a deportation order can proceed with the cancelation of this order through two main methods:
1. Obtaining a Valid Visa (Meşruhatlı Vize)
This type of visa is issued for educational, work, medical, marriage, or research reasons. With this visa, the individual can enter Turkey or maintain a legal presence even before the deportation period ends. Obtaining this visa requires submitting complete and credible documents, which are prepared and arranged by a specialized immigration lawyer. Individuals deported due to terrorist activities or security concerns are not eligible to receive this type of visa.
2. Requesting the Cancelation of the Deportation Order Through the Court
This method involves formally appealing the deportation order in court. The person or their legal representative can submit a request for appeal and cancelation of the order. Upon receiving the notification, the individual must submit their objection within 15 days for the deportation process to be postponed until the court’s verdict is issued. If successful, the deportation is canceled, and the individual can continue their stay in Turkey.
Deportation Fines from Turkey and Their Different Conditions
The amount of the deportation fine depends on various factors, including the individual’s country of origin, the duration of the illegal stay, and the specific circumstances of the case. Generally, the following rules apply to fines:
- If the period of unauthorized stay is between 1 and 15 days, the individual is required to pay a fine upon exit but does not face a re-entry ban.
- If the period is between 16 days and 3 months, in addition to paying the fine, a re-entry ban of 3 months is imposed on the individual.
- For unauthorized stays longer than 3 months, the fine is enforced along with a 6-month re-entry ban.
- If the individual fails to pay the fine, a re-entry ban of up to 5 years in Turkey may be considered.
The payment of the fine must be made at the borders or airports upon leaving the country. Otherwise, legal problems and a long-term re-entry ban to Turkey will arise.
Important Points Regarding Deportation from Turkey
- The only official source for following up on the deportation status is the Turkish Consulate in the individual’s home country. Therefore, avoid trusting false advertisements and unauthorized institutions.
- Individuals should leave Turkey within a maximum of 10 days after their visa or residence permit expires to avoid a deportation order.
- Upon being informed of a deportation order, prompt action and the use of specialized legal consultation in Turkey are essential for its cancelation.
- Sometimes deportation is issued for unclear reasons or by mistake, which can only be resolved through legal follow-up.
- Complete awareness of immigration and deportation laws before traveling to Turkey is the best way to prevent potential problems.
Summary
Deportation from Turkey is a serious and challenging issue for foreign nationals, especially Iranians, which can affect their life, work, and educational plans. Familiarity with the reasons for deportation, related laws, and legal methods for its cancelation is extremely important. Obtaining specialized legal consultation from experienced lawyers and diligent follow-up of the case through legal authorities is the best way to protect your rights and ensure the possibility of maintaining a legal presence in Turkey.
Istanbul Lawyer, with a team of specialized and experienced legal professionals in immigration matters, is ready to accompany you through all stages of Turkish deportation cancelation and provide the best legal solutions.
FAQ
1. What does it mean to be deported from Turkey?
Deportation (or ‘deport’) means the official removal of an individual from the country, which is issued due to a violation of immigration and residency laws and results in a prohibition on re-entry for a specified period.
2. Who is most at risk of deportation?
Individuals who work without authorization in Turkey, those whose residency has expired and has not been renewed, those convicted of imprisonment for more than two years, and those who have presented forged documents for entry are most at risk of deportation.
3. Is it possible to cancel a deportation order?
Yes, it is possible to cancel a deportation order by obtaining a valid visa (Meşruhatlı Vize) or by appealing the deportation decision in court, which requires legal consultation and follow-up.
4. How is the deportation fine calculated?
The fine varies depending on the duration of the illegal stay and other circumstances, and it must be paid upon leaving the country. Failure to pay the fine leads to a longer re-entry ban.