How to Object to Restriction Codes in Turkey?

How to Remove Restriction Codes for Foreigners in Turkey: Objection Process and Legal Support

Foreign restriction codes in Turkey are essential for regulating the entry, stay, and activities of foreigners. Implemented by the Directorate General of Migration Management (DGMM), these codes ensure compliance with immigration laws, enhance national security, and maintain public order. However, when these codes are applied unfairly or due to misunderstandings, it becomes crucial to understand the removal process. Here, we outline the steps for objection to restriction codes and the importance of legal support.

Understanding Restriction Codes

Restriction codes (tahdit kodları) can significantly impact foreigners' ability to enter and stay in Turkey. These codes are often related to visa violations, security concerns, and administrative reasons.

Types of Restriction Codes

1. Visa Violation Codes: Codes like V84 and V86 are applied when a foreigner overstays their visa or violates visa conditions.
2. Security Concern Codes: Codes such as G87 and G89 are used for individuals deemed a threat to national security or public order.
3. Administrative Codes: Codes like Ç120 and Ç136 are applied for reasons like incomplete documentation or ongoing legal issues.

Consequences of Restriction Codes

When a restriction code is applied, it can lead to various consequences such as administrative fines, bans on re-entry, and even deportation. For example, a V84 code due to visa violations can restrict re-entry to Turkey for a specific period.

Objection to Restriction Codes: Legal Processes and Appeal Mechanisms

Foreigners subjected to restriction codes have the right to appeal these decisions. The objection process includes administrative and legal steps to defend rights and seek fair treatment.

Administrative Appeal Process

The first step in challenging a restriction code is through an administrative appeal.

1. Filing an Appeal: Submit an appeal to the DGMM within the specified period after receiving the restriction code. The appeal should include evidence and reasons for the code's removal.
2. Evaluation and Decision: The DGMM will review the appeal and evidence, then decide whether to lift or uphold the restriction code.

Legal Appeal Process

If the administrative appeal is unsuccessful, the next step is to file a lawsuit in an administrative court.

1. Filing a Lawsuit: After an administrative appeal is rejected, a lawsuit can be filed in an administrative court.
2. Court Process: The court reviews the case, considers evidence and testimonies, and may request expert reports.
3. Decision: The court will decide to annul the restriction code or uphold it.

Importance of Legal Support in the Objection Process

Having legal support is crucial during the objection and appeal processes. An experienced immigration lawyer in Istanbul or deportation lawyer in Istanbul can provide the necessary expertise and guidance.

1. Gathering Evidence: Lawyers help in gathering relevant evidence and documentation to support the appeal.
2. Preparing Appeals: Legal professionals prepare the appeal applications, ensuring they meet all procedural requirements.
3. Representation in Court: Lawyers represent foreigners in court, presenting arguments and evidence to challenge the restriction code.

Legal Assistance and Support

Professional legal assistance is indispensable when dealing with restriction codes. An experienced Turkey immigration lawyer can navigate the complexities of Turkish immigration law and provide comprehensive support.

1. Visa Violation Appeal: Assistance in appealing codes related to visa violations.
2. Residence Permit Cancellation Appeal: Legal support for appealing the cancellation of residence permits.
3. Foreign Restriction Codes: Guidance on the removal of various restriction codes applied to foreigners.
4. Restriction Code Appeal Process: Detailed support throughout the appeal process, from administrative appeals to court proceedings.

Article 2: Types and Scope of Restriction Codes

Visa Violation Codes

Visa violations are one of the most common reasons for restriction codes. These codes are applied when foreigners overstay their visa periods or violate visa conditions. Examples of such codes include:

• V84: Applied for visa violations, restricting re-entry to Turkey for a specified period.
• V86: Applied when the visa period is exceeded, restricting entry to Turkey.

Security Concern Codes

National security and public order are other major reasons for restriction codes. These codes are applied to foreigners who are considered potential threats to Turkey:

• G87: Applied to individuals considered threats to public order or security, prohibiting entry to Turkey.
• G89: Applied to individuals suspected of terrorist activities, completely banning their entry.

Administrative Codes

Administrative restriction codes are typically used for reasons such as incomplete documentation or ongoing legal issues:

• Ç120: Applied for incomplete documentation, restricting entry until documents are completed.
• Ç136: Applied for ongoing legal issues, preventing entry until the issues are resolved.

Duration and Application of Restriction Codes

The duration of restriction codes varies depending on the type of violation or threat. Some codes are applied for a fixed period, while others may be indefinite. The implementation of these codes follows procedures set by the DGMM.

Case Example

A foreigner who overstays their visa and receives a V84 code will be restricted from entering Turkey for a specified period. After this period, they can apply for re-entry.

Article 3: Consequences of Visa Violations and Administrative Fines

Consequences of Visa Violations

Visa violations in Turkey occur when foreigners do not adhere to specific rules and time limits. These violations typically include overstaying the visa period, engaging in activities not permitted by the visa, or failing to comply with visa conditions. Consequences can be severe and include administrative fines and restriction codes.

Administrative Fines

Administrative fines for visa violations vary based on the severity and duration of the violation. Fines are imposed when foreigners overstay their legal stay in Turkey and must be paid within a specified period. Failure to pay results in the application of restriction codes, preventing re-entry to Turkey.

Calculation of Administrative Fines

Key factors in calculating fines include:

• Overstay Duration: A daily fine is imposed for each day the visa is overstayed.
• Inappropriate Activities: Additional fines for activities that violate the visa type.
• Repeated Violations: Higher fines and longer restriction periods for repeated violations.

Payment of Administrative Fines

Fines must be paid within the period specified by the DGMM. Failure to pay can result in more severe penalties and restrictions on future entry to Turkey.

Case Example

A tourist who overstays their 90-day visa by 30 days will face a daily fine and, if unpaid, a V84 restriction code, preventing re-entry for a specified period.

Preventing Visa Violations

To avoid violations, foreigners should thoroughly review visa types, stay durations, and conditions before entering Turkey and apply for extensions before their visas expire.

Article 4: Importance of Restriction Codes for National Security and Public Order

Security Concerns and Restriction Codes

Restriction codes play a vital role in protecting national security and public order. The movements and activities of foreigners in Turkey are closely monitored, and restriction codes are applied as necessary to prevent potential threats and ensure public safety.

Codes Based on Security Concerns

Examples of codes used for national security and public order include:

• G87: Applied to individuals considered threats to public order or security, preventing their entry and stay.
• G89: Applied to individuals linked to terrorist activities, completely banning their entry.

Implementation of Restriction Codes

Security-based codes are implemented based on reports from various intelligence and security agencies. These agencies continuously gather and analyze information to assess potential threats and take appropriate measures.

Protecting Public Order

Protecting public order is a significant purpose of restriction codes. These codes prevent foreigners who pose a risk to societal peace and safety from entering Turkey. Threats to public order can include:

• Criminal Activities: Foreigners involved in or associated with criminal activities.
• Social Disruption: Individuals engaging in activities that disrupt societal harmony.

Case Example

A foreigner identified as being linked to terrorist organizations is given a G89 code, preventing their entry to Turkey based on intelligence reports.

Importance of Security and Restriction Codes

Restriction codes are critical tools for maintaining national security and public order in Turkey. By preventing the entry of potential threats, these codes help safeguard public safety and societal peace.

Article 5: Administrative Reasons for Restriction Codes

Administrative Reasons and the Role of Restriction Codes

Administrative reasons are another important basis for applying restriction codes. These codes are used to control the entry and stay of foreigners who have incomplete documentation, ongoing legal issues, or fail to comply with administrative regulations. They ensure effective migration management and public order.

Codes Based on Administrative Reasons

Examples of codes applied for administrative reasons include:

• Ç120: Applied for incomplete documentation, restricting entry until documents are completed.
• Ç136: Applied for ongoing legal processes, preventing entry until these issues are resolved.

Application Process for Administrative Codes

The process for applying administrative restriction codes includes the following steps:

• Document Check: The migration authority checks the foreigner's documents and identifies any deficiencies.
• Notification: Foreigners are informed of the restriction code due to incomplete documentation or ongoing legal issues.
• Code Application: The relevant code is applied, restricting the foreigner's entry and stay until the issues are resolved.

Impact of Administrative Reasons

Administrative restriction codes directly impact the entry and stay of foreigners in Turkey. They encourage foreigners to complete legal processes and provide necessary documentation, contributing to orderly migration management and public order.

Case Example

A foreigner attempting to enter Turkey without complete documentation receives a Ç120 code, preventing entry until all necessary documents are provided.

Importance of Administrative Restriction Codes

Administrative restriction codes play a vital role in maintaining effective migration management and public order. They ensure that foreigners comply with legal requirements and regulations, contributing to a well-regulated migration system.

Article 6: Legal Processes and Appeal Mechanisms for Restriction Codes

Right to Appeal Restriction Codes

Foreigners subject to restriction codes have the right to appeal these decisions. Appeal mechanisms include administrative and legal processes, providing foreigners with opportunities to defend their rights and seek fair treatment.

Administrative Appeal Process

Steps in the administrative appeal process include:

• Filing an Appeal: Foreigners can submit an appeal to the DGMM within a specified period after receiving the restriction code. The appeal must include evidence and reasons for the code's removal.
• Evaluation and Decision: The DGMM reviews the appeal and evidence, making a decision to either lift or uphold the restriction code.

Legal Appeal Process

Steps in the legal appeal process include:

• Filing a Lawsuit: If the administrative appeal is rejected, foreigners can file a lawsuit in an administrative court to seek the removal of the restriction code.
• Court Process: The court reviews the case, considers evidence and testimonies, and may request expert reports.
• Decision: The court decides to either annul the restriction code or uphold it.

Importance of Legal Support and Strategies

Legal support is crucial in the appeal process. A lawyer specializing in restriction codes can help foreigners gather evidence, prepare appeals, and represent them in court.

Case Example

A foreigner appeals a G87 code in court, presenting evidence that they do not pose a security risk. The court reviews the evidence and lifts the restriction code.

Importance of Appeal Processes

Appeal processes protect foreigners' rights and ensure fair treatment. They prevent the wrongful application of restriction codes and uphold justice.

Article 7: Application Areas and Special Situations for Restriction Codes

Special Situations for Restriction Codes

Restriction codes are applied in general and special situations, particularly for specific risks or illegal activities. These situations require the use of restriction codes to prevent potential threats and ensure public safety.

Human Trafficking and Smuggling

Restriction codes play a crucial role in combating serious crimes like human trafficking and smuggling. Examples include:

• T1: Applied to individuals involved in human trafficking, prohibiting entry and stay.
• T2: Applied to individuals involved in smuggling activities, preventing entry and terminating stay.

Fraud and Deception

Restriction codes are also used to combat economic crimes such as fraud and deception. Examples include:

• D1: Applied to individuals using forged documents, restricting entry and stay.
• D2: Applied to individuals involved in fraudulent activities, prohibiting entry.

Protecting Public Order

Codes are used to prevent activities that disrupt public order, such as:

• K1: Applied to individuals disrupting public order, preventing entry and stay.
• K2: Applied to individuals organizing public disturbances, restricting entry.

Case Example

A foreigner attempting to enter Turkey with forged documents receives a D1 code, preventing their entry and resulting in deportation.

Importance of Restriction Codes in Special Situations

Restriction codes are vital in addressing illegal activities and protecting public order. They help combat serious crimes and ensure societal peace.

Article 8: Procedures for Removing Restriction Codes

Conditions for Removing Restriction Codes

Removing restriction codes requires meeting certain conditions and following specific procedures. Foreigners must fulfill the necessary requirements and apply for code removal.

Application Process for Code Removal

Steps in the application process include:

• Filing the Application: Foreigners submit an application to the DGMM or relevant migration authority, including reasons and supporting documents for code removal.
• Providing Justifications: Foreigners must provide evidence and justifications for code removal, such as proving forged documents were genuine.
• Evaluation and Review: The DGMM reviews the application and supporting documents, possibly requesting additional information.

Decision on Code Removal

The DGMM decides to either lift or maintain the restriction code. If lifted, foreigners regain their entry and stay rights. If maintained, they have the right to appeal.

Importance of Legal Support

Legal support is crucial in the code removal process. Lawyers help foreigners understand their rights, prepare applications, and manage the appeal process.

Case Example

A foreigner submits evidence to remove a D1 code, proving that the documents were genuine. The DGMM reviews and lifts the code, allowing re-entry.

Importance of the Code Removal Process

The process ensures foreigners' rights and fair treatment, allowing wrongful codes to be lifted and legal status restored.

Restriction Codes Used in Turkey and Their Meanings

In Turkey, foreign nationals may be subject to various restriction codes due to different violations, security threats, or legal processes. Here are the important restriction codes used in Turkey and their meanings:

V Restriction Codes

1. V-68: Residence permit subject to ministerial approval.
2. V-69: Residence permit revoked.
3. V-70: Fake marriage.
4. V-71: Failure to report address change or providing a false address.
5. V-74: Exit notification requirement.
6. V-77: Individuals falsely claiming to be Ahıska Turks.
7. V-84: Failure to obtain a residence permit within 10 days of entry.
8. V-87: Temporary protection holder voluntarily returning to their country.
9. V-88: Work permit revoked.
10. V-89: Conditional entry to Turkey.
11. V-91: Temporary protection holder’s exit subject to permission.
12. V-92: Duplicate registration issues for temporary protection holders.
13. V-137: Invitation to leave Turkey within a specified period.
14. V-144: Conditional release of foreigner.
15. V-145: Voluntary return to the home country.
16. V-146: Annotated Turkish passport due to legal actions.
17. V-147: Spouse of a Turkish citizen with an annotated passport.
18. V-148: Resident of a temporary accommodation center.
19. V-153: Transit to a third country through Turkey.
20. V-154: Administrative court appeal against deportation.
21. V-155: European Court of Human Rights injunction.
22. V-156: Attorney’s fee.
23. V-157: Rejected residence permit applications.
24. V-158: Cancellation of ID card for foreign representative personnel or their family members.
25. V-159: Transit through Turkey to a third country.

C Restriction Codes

1. C-105: Violation of visa, visa exemption, residence, or work permit/entry ban for 5 years.
2. C-113: Illegal entry and exit.
3. C-114: Foreigners under judicial process.
4. C-115: Foreigners released from prison.
5. C-116: Endangering public morals and health.
6. C-117: Illegal workers.
7. C-118: Residence permit revoked.
8. C-119: Failure to pay fines for illegal workers.
9. C-120: Failure to pay fines for visa or residence violations.
10. C-135: Violation of international protection law.
11. C-136: Non-payment of travel expenses.
12. C-137: Invitation to leave Turkey.
13. C-138: INAD passenger.
14. C-141: Entry subject to Ministry's permission.
15. C-150: Fake documents.
16. C-151: Human traffickers/smugglers.
17. C-152: Preventive entry ban.
18. C-166: Insufficient justification for entry/lack of financial means.

Ç Restriction Codes

1. Ç-101: Violation of visa, visa exemption, residence permit, or work permit/entry ban for 3 months.
2. Ç-102: Violation of visa, visa exemption, residence permit, or work permit/entry ban for 6 months.
3. Ç-103: Violation of visa, visa exemption, residence permit, or work permit/entry ban for 1 year.
4. Ç-104: Violation of visa, visa exemption, residence permit, or work permit/entry ban for 2 years.
5. Ç-105: Violation of visa, visa exemption, residence permit, or work permit/entry ban for 5 years.
6. Ç-113: Illegal entry and exit.
7. Ç-114: Foreigners under judicial process.
8. Ç-115: Foreigners released from prison.
9. Ç-116: Endangering public morals and health.
10. Ç-117: Illegal workers.
11. Ç-118: Residence permit revoked.
12. Ç-119: Failure to pay fines for illegal workers.
13. Ç-120: Failure to pay fines for visa or residence violations.
14. Ç-135: Violation of international protection law.
15. Ç-136: Non-payment of travel expenses.
16. Ç-137: Invitation to leave Turkey.
17. Ç-138: INAD passenger.
18. Ç-141: Individuals considered risky for international security.
19. Ç-149: Individuals considered risky for public security.
20. Ç-150: Attempting to enter with fake documents.
21. Ç-151: Human traffickers/smugglers.
22. Ç-152: Preventive entry ban.
23. Ç-166: Insufficient justification for entry/lack of financial means.
24. Ç-167: Violation of visa, residence permit, or work permit for 3-6 months/entry ban for 1 month.

G Restriction Codes

1. G-67: Fraud.
2. G-78: Foreigners carrying infectious diseases.
3. G-82: Activities against national security.
4. G-87: Individuals posing a threat to public security.

K Restriction Codes

1. K: Individuals wanted for smuggling.

N Restriction Codes

1. N-82: Entry requiring prior permission.
2. N-95: Administrative fine for violating the entry ban.
3. N-96: Administrative fine for not leaving the country within the granted time.
4. N-97: Administrative fine for address declaration.
5. N-99: Interpol code.
6. N-119: Administrative fine for unauthorized employment.
7. N-120: Administrative fine for visa, residence permit, or work permit violations.
8. N-135: Administrative fine for illegal entry or attempted entry.
9. N-136: Travel expenses for deportation.
10. N-168: Administrative fine for violating Article 102, Paragraph c.
11. N-169: Administrative fine for non-compliance with Ministry-determined administrative obligations.
12. N-170: Administrative fine resulting from the Misdemeanor Law or other relevant laws.
13. N-171: Administrative fine for failure to fulfill designated obligations.
14. N-172: Travel expenses for voluntary returns.

O Restriction Codes

1. O-100: Entry ban for asylum seekers with unknown addresses.
2. O-176: Entry ban for individuals whose international protection requests have been denied for 3 years.
3. O-177: Entry ban for individuals whose international protection requests have been denied for 5 years.

These codes illustrate various restrictions foreigners may encounter during their entry and stay in Turkey and the reasons behind these restrictions. For more information and professional legal support, please contact an immigration lawyer in Istanbul or a deportation lawyer in Istanbul.