Embarking on a journey to Turkey is a thrilling prospect, with its rich history, stunning landscapes, and vibrant culture. However, amidst this allure, it's essential to navigate the intricacies of entry regulations. From security concerns to legal intricacies, understanding the prohibitions of entry to Turkey is paramount. This article delves into the various facets of these regulations, shedding light on the factors that can impact your travel plans.
Regarding International Law Principles, every country has a right to determine the conditions for foreigners who are going to enter the country. The Constitution of Turkey only allows a limitation of fundamental rights and liberties when they are determined by the laws corresponding to international law principles. Article 9 of the Law of Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu) determines the two conditions that allow authorities to prohibit the entry of a foreigner to Turkey. Those conditions are:
1- If The Foreigner's Entry Threatens Public Order, Public Health, or Security
According to the Article, the authority to determine who will encounter a prohibition belongs to the Presidency of Migration Management (Göç İdaresi Genel Müdürlüğü). The Presidency also receives opinions from relevant state institutions and organizations. The prohibition decisions under this article are not only for foreigners who want to enter the country but also for foreigners who are already in the country. In practice, the prohibition decisions are taken via restriction codes.
2- If The Foreigner is Deported
Deportation decisions are taken by the Presidency of Migration Management or by the governorships. The deported person can file an appeal against the deportation decision in seven days to the Court of the city, the governorship, or the presidency stand. The person cannot be deported during the trials.
THE APPLICATION OF THE PROHIBITION OF ENTRY TO TURKEY
a. Restriction Codes
The codes are data records taken if a foreigner's entry threatens public order, public health, or security. There are several code types: V, G, Ç, K, N, and O.
1. Code V
V-68: This code stands for people whose entry depends on a special request from the ministry. Their process is different from the others. Only the ministry can decide whether they enter the country.
V-69: This code is for people whose residence permit is canceled due to not obeying the rules of residency. They cannot enter the country for five years.
V-70: This code is used if it is determined that there is a situation of fake marriage aiming to get a residence permit.
V-74: This code is for people who need to inform the ministry or governorships in a situation of leaving the country. To revoke the code, a person needs to apply an administrative application.
V-84: This code is for people who are allowed to enter the country if only they get a residence permit within ten days and don't get it in a given time.
V-87: This code is for people in Turkey under temporary protection and returned to their countries.
V-88: The code is for people whose work permit was canceled.
V-148: This code is an informative code for foreigners staying in temporary refuge centers.
V- 154: This code is for whom applied for an objection to deportation decisions. They cannot be deported during the objection process.
V-157: For people whose residence permit is declined, this code can be used. When they apply for an objection to the decision to reject the residence permit, the code becomes invalid.
V-159: This is an informative code for people who use Turkey for a transit pass.
2. Code G
G codes are usually used for criminal situations. Thus, they can be abolished via only court decisions. Some G codes are:
G-26: Illegal organization activity.
G-34: Forgery.
G-42: Narcotic-related crimes.
G-43: Smuggling.
G-48: Prostitution crimes.
G-58: Homicide.
G-64: Menace.
G-65: Robbery.
G-66: Extortion and looting.
G-67: Fraud.
G-82: Activities against national security.
3. Code Ç
Foreigners who violate the rules of visas, visa exemptions, residence permits, and work permits can be subject to entry bans for varying durations. The codes Ç-101, Ç-102 for three months, Ç-103 for one year, Ç-104 for two years, and Ç-105 for five years are used for foreigners who are banned from entering the country. Depending on the situation, the person can also be a subject of a monetary fine. These codes can become abolished by legal proceedings or a valid visa.
Ç-113: This code is for foreigners who enter Turkey illegally. A two-year ban will be applied to the individual. In addition to the entry ban, an administrative fine will also be applied, and if that person pays the fine, the ban will be lifted after two years. However, if the person does not pay the fine, the entry ban will be extended to five years.
Ç-114: This code is for foreigners who have been initiated into criminal proceedings in Turkey. The code is about the process; thus, the situation of innocence or guilt does not make any changes. The code can be abolished by administrative proceedings.
Ç-117: This code is for foreigners who are working without being documented. The result would be a ban on entering the country for one year. Along with the ban, the person also would be punished with an administrative fine. If the individual does not pay the fine, the code will transform into Code Ç-119, and as a result, the entry ban will be extended for five years.
Ç-135: For foreigners who violate the Foreigners and International Protection Law, an administrative fine will be applied as a first warning. If the foreigner insists on the violation, this code will be used to ban the person from entering the country for five years.
Ç-150: This code is for foreigners who present fake documents to enter the country.
Ç-166: This code is used for foreigners who fail to provide a valid reason for their visit during visa application or entry into the country or who do not have sufficient financial means for their stay. It can be removed through a legitimate visa application.
4. Code K
This code is used for people involved in smuggling or those with an arrest warrant. The code also can prevent them from leaving the country.
5. Code N
N-82: This code is for people whose entry depends on a special request from authorities. In practice, very few of them can get permission. The code can only be removed by a court decision.
N-99: This code, which is also known as the Interpol Code, is for people who are sought by Interpol. The decision is up to the government.
6. Code O
O-100: This code is for foreigners who are not present at the address they declared to the Migration Management. To remove this code, the individual needs to file a lawsuit with the administrative court or enter the country through a legitimate visa application.
O-176: When a foreigner applies for international protection and gets rejected for three years, this code will be used. If the foreigner gets rejected for five years, O-177 is the code that is going to be used. With administrative proceedings, the code can be removed.
b. Removal of The Restriction Codes
There are several restriction codes based on their lengths or importance. The removal of the codes also varies. An administrative application, filing an administrative lawsuit, and applying for a legitimate visa are different ways to remove codes.
For administrative application and filing an administrative lawsuit, the person or their representative must be in Turkey. Legitimate visa applications, on the other hand, are submitted to Turkish Consulates and Embassies abroad.
CONCLUSION
In conclusion, unraveling the tapestry of entry prohibitions to Turkey reveals a landscape of diverse considerations. From national security measures to health safeguards, the restrictions underscore the complexities of modern travel. As a traveler, staying informed about these regulations is not only a matter of compliance but also a way to ensure a seamless and enjoyable journey.
By being aware of the reasons and circumstances that can lead to denied entry, you empower yourself to make informed decisions and embark on your Turkish adventure with confidence. Remember, while the restrictions may appear stringent, they are ultimately in place to safeguard both the country and its visitors, contributing to a harmonious and secure global community.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
