Foreigners that cannot enter Turkey, get to know why?
Turkey is one of the few countries in the world that opens the door for foreign, whether for tourism, residence, settlement, or even obtaining the Turkish citizenship, which has become easy to acquire by owning a property in Turkey or buying property in Istanbul or other cities, where these facilitations made things easier for the citizens of more than 170 countries around the world, which made Turkey welcomes more than 50 million tourists and hundreds of thousands of residence applicants every year.
However, some foreigners have chosen another approach that contradicts the aforementioned methods, which is to stay in Turkey without observing the laws that obligate the foreigner with a residence permit, work permit or other document in accordance with what is stipulated in Turkish legislation.
This illegal situation led the authorities in Turkey to issue strict decisions preventing entry of every foreigner who violated the legal period of his presence in the country.
And according to what was stated in the data of the General Directorate of the Immigration Administration in Turkey, a decision will be applied to prevent entry into the country for every foreigner who exceeds the legal period allowed to remain in Turkey, whether the foreigner submitted through a visa or exemption from the visa or is a holder of a residence permit or work permit or an exemption from a work permit.
What are the provisions of the legal text for preventing entry to Turkey?
The Foreigners and International Protection Law No. 6458 of 04.04.2013, in its ninth article, entitled “Prevention of Entry into Turkey”, stipulates the following provisions:
Any foreigner who exceeds the legal period of his stay is excluded from the decision to prevent entry into Turkey, except that he has left the country according to one of the following controls:
- Not exceeding the period of 3 months from the date of the violation with the voluntary approach to one of the border gates before fixing the status of the violation on him by the relevant authorities and also the necessity that he has paid an administrative fine imposed in the Fines Law 492.
- A foreigner who has not exceeded a period of 3 months from the date of violation of the legal period, but a decision has been taken to leave Turkey by the relevant authorities where he adheres to the legal period granted to him and voluntarily goes to one of the border gates to leave with the payment of the administrative fine resulting from the violation.
- The decision to prevent entry to Turkey for a period ranging from 1 month to 5 years applies to every foreigner who has exceeded the legal period of stay in Turkey and left the country according to the following:
- Every foreigner who exceeds 3 months from the date of violation of the legal period and voluntarily goes to one of the border gates before his legal status is confirmed with his administrative fine being paid, and here the period of prevention from entering Turkish soil according to the duration of the violation is specified as follows:
- Prevent entry for one month in case of violation from 3 to 6 months.
- Prevention of entry for 3 months for whatever violations period ranged between 6 months and a year.
- Entry is prohibited for one year for anyone whose violation period was one to two years.
- Prevention of entry for two years in case of violation for a period ranging between two and 3 years.
- Entry is prohibited for a period of 5 years for anyone whose violation exceeds 3 years.
- Implementing the decision to prevent entry to Turkey for a period ranging between 3 months and 5 years for every foreigner who violated the legal period of stay and the decision to deport him was made in accordance with the following:
- Every foreigner willingly went to the border gate before confirming the violation and did not pay the administrative fine imposed on him.
- Every foreigner who has not exceeded 3 months from the date of the violation and a deportation decision was taken against him and has not complied with the period granted to him to leave and has not paid the administrative fine incurred by him.
- Every foreigner who has exceeded the period of 3 months from the date of the violation, and a decision is taken to deport him with his invitation to leave the country, and he did not take into consideration the issue of paying the administrative fine imposed on him.
- Every foreigner whose residence permit was refused and did not leave the country voluntarily within the specified time period and did not pay the administrative fine imposed on him.
- Every foreigner whose work permit was rejected or canceled and did not leave the country voluntarily within the time period specified for that and did not pay the administrative fine.
- Every foreigner has used the legal period permitted in the framework of the visa or fully exempted the visa, which was granted as a permission to enter Turkey, provided that the application for a residence permit is submitted within 10 days, but he did not apply for it and did not take the administrative fine into consideration.
- Every foreigner is subject to alternative obligations to end the administrative control decision without taking into account the issue of paying the fine.
- Every foreigner is deported with the responsible officials without taking into account the issue of paying the fine.
The prevention period for the above-mentioned cases was determined according to the following:
- Prohibition of entry for a period of 3 months in case of violation of the same period, i.e. 3 months.
- Prevent entry for 6 months in case of violation between 3 and 6 months.
- Prevention of entry for one year in case of violation from 6 months to one year.
- Prohibition of entry for two years in case of violation from one to two years.
- Prevention of entry for 5 years in case of violation for more than two years.
If the entry ban period expires and the foreigner does not pay the administrative fine imposed on him, Turkish law does not allow him to enter the country until he pays all financial fines.