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Introduction

This article, mainly, is designed for introducing deportation of foreigners in Turkey. It is important to note at the outset that there are criminal and administrative sanctions upon the violation of Turkish residency norms. Significantly, immigrant lawyers and practitioners must be aware of all key parameters of removal or return orders and legal actions against them.

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What is the meaning of a residence permit?

Generally speaking, “residence permit” is accepted to mean an official document allowing relevant individuals to live in a country that they are not born in. It is significant to observe that the term “residence permit” does not imply permanent residence. Hence, residence permit covers a “temporary residence permit”,  granted to a foreigner for a specified period of time. From that sense, residence permits are subject to a regular renewal. 

What are key legal norms applicable to the deportation or return orders for foreigners in Turkey?

It is remarkable to underline that the Law on Foreigners and International Protection Law (No:6458) aims at stipulating ‘the principles and procedures with regard to foreigners’ entry into, stay in and exit from Turkey’. Therefore, the said Law is of utmost importance in regulating main standards and types for residence permit and required sanctions upon any infringement of such rules. 

The Law in question is available online here.

Which Types of Residence Permit Is Possible in Turkey?

It is important to note that Article 29 of the Law on Foreigners and International Protection Law (No:6458) provides the following six types of residence permits:

• firstly, short-term residence permit,

• secondly, family residence permit, 

• thirdly, student residence permit,

• fourthly, long-term residence permit,

• fifthly, humanitarian residence permit,

• and lastly, victim of human trafficking residence permit.

Can a foreigner be deported?

It is essential to understand that a removal decision can be made either upon instructions of the Directorate General (the Presidency of Migration Management) or ex officio by the governorates. This decision  shall be issued in respect of those foreigners listed below who/whose: 

• are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237; 

• are leaders, members or supporters of a terrorist organization or a benefit oriented criminal organization; 

• submit untrue information and false documents during the entry, visa and residence permit actions; 

• made their living from illegitimate means during their stay in Turkey; 

• pose a public order or public security or public health threat; 

• has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled; 

• residence permits are cancelled; 

• overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason; 

• are determined to be working without a work permit; 

• breach the terms and conditions for legal entry into or exit from Turkey; ı) are determined to have entered into Turkey despite an entry ban to Turkey; 

• international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision.

• fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused. 

• (Annex: 3/10/2016-KHK-676/36 article) are evaluated as being associated with terrorist organizations which have been defined by international institutions and organizations. 

What is the deportation process in Turkey?

In accordance with Article 52, foreigners may be removed to their country of origin or a transit country or a third country by virtue of a removal decision.

Which authorities are regarded as competent for deportation of foreigners in Turkey? 

To sum up, the Presidency of Migration Management under the umbrella of the Ministry of Interior and Migration Management under the relevant Governorship are primary Turkish national competent authorities engaging in residence permits and the violation of relevant rules. 

What should be the key legal step about a removal decision for foreigners? 

Second, the acquisition of an annotated visa for work, education, research purposes or marriage or treatment reasons, the foreigner involved is allowed to re-entry to Turkey even before the expiration of entry ban.

There are very limited ways of getting rid of unintended consequences of a removal decision including entry ban. First: litigation application and second administrative application. With regard to the first method, undoubtedly a removal decision is a type of administrative action. The concerned foreigner, legal representative or lawyer has a right to lodge a case before the administrative court within 7 days as of the date of notification under Article 53. The judgment of the court shall be delivered within 15 days. 

Is there any administrative detention for foreigners? 

According to Article 57, those for whom a removal decision have been issued, the governorate shall issue an administrative detention decision for those who; 

• bear the risk of absconding or disappearing, 

• breached the rules of entry into and exit from to Turkey,

• have used false or fabricated documents,

• have not left Turkey after the expiry of the period granted to them to leave, without an acceptable excuse,

•  pose a threat to public order, public security or public health. 

They are taken to removal centers by the [same] law enforcement unit that apprehended them. This decision can be appealed before the judge of the criminal court of peace. 

Conclusion

In the final analysis, the violation of residence permit is subjected to severe penalties in Turkey. Particularly orders on return or deportation and decisions on administrative detention may present several challenges to foreigners. Therefore,  without comprehensive guidance and legal representation, it is quite hard to avoid negative results including severe sanctions on the grounds of residence norms breaches. 

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