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STATEMENT REGARDING THE PROHIBITION OF ENTRY THAT SHALL BE APPLIED TO THE FOREIGNERS WHO VIOLATE THE RIGHT TO LEGAL STAY

09.06.2020

Prohibition of entry, which is applied to the foreigners who violate the right to legal stay in our country; violating their visa, visa exemption, residence permit, work permit, or work permit exemption, within the context of article 9 under the title “Entry ban to Turkey” on Foreigners and International Protection Law numbered 6458, dated 4/4/2013, is realized within the scope of the rules below.

 

1. Decision on entry ban to Turkey is not taken for the foreigners who leave the country pursuant to the terms below, even though they violate the right to legal stay.

 

      a. The foreigners who violate the right to legal stay up to 3 months (does not include 3 months) and come to the border gates by themselves in order to leave Turkey before their situation is detected by the competent authorities and make the payment for administrative fines due to Act of Fees numbered 492

b. The foreigners who violate the right to legal stay up to 3 months (does not include 3 months) and come to the border gates in order to leave the country within the duration they are provided to leave Turkey upon which a deportation decision has been taken and make the payment for administrative fines due to Act of Fees numbered 492

 

2. Decision on entry ban to Turkey from 1 month to 5 years is taken for the foreigners who leave the country pursuant to the terms below, even though they violate the right to legal stay.

 

a. The foreigners who violate the right to legal stay more than 3 months (includes 3 months) and come to the border gates by themselves in order to leave Turkey before their situation is detected by the competent authorities and make the payment for administrative fines due to Act of Fees numbered 492

 

The durations of prohibition of entry according to the duration of violation of the foreigners in this context are as follows:

 

  • Violation between 3 months – 6 months    : Prohibition of entry for 1 month
  • Violation between 6 months – 1 year         : Prohibition of entry for 3 months
  • Violation between 1 year – 2 years            : Prohibition of entry for 1 year
  • Violation between 2 years – 3 years           : Prohibition of entry for 2 years
  • Violation more than 3 years                        : Prohibition of entry for 5 years

 

 

3. Decision on entry ban to Turkey from 3 month to 5 years is taken for the foreigners violating the right of legal stay who leave the country pursuant to the terms below or are deported.

 

a. The foreigners who do not make the payment for administrative fines due to Act of Fees numbered 492 although they come to the border gates by themselves in order to leave Turkey before their situation is detected by the competent authorities

b. The foreigners who violate the right to legal stay up to 3 months (does not include 3 months) and are summoned to leave Turkey upon which a deportation decision has been taken, yet do not leave within the duration they are provided and/or do not make the payment for administrative fines due to Act of Fees numbered 492

c. The foreigners who violate the right to legal stay more than 3 months (includes 3 months) and are summoned to leave Turkey upon which a deportation decision has been taken without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492

ç. The foreigners who do not leave the country within the duration they are provided although their residence permit applications are rejected or their residence permits are cancelled, without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492

d. The foreigners who do not leave the country within the duration they are provided although their work permit applications are rejected or their work permits are cancelled, without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492

e. The foreigners who do not apply for residence permit despite they have been allowed to enter our country with the condition that a residence permit application must be made within ten days although they have used all of the visa's or visa exemption's right of stay within the scope of the “90 days in 180 days” rule, without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492

f. The foreigners who are subjected to alternative obligations by terminating the administrative detention decision, without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492  

g. The foreigners who are deported in company with personnel on duty, without considering whether they have made the payment for administrative fines due to Act of Fees numbered 492

 

The durations of prohibition of entry according to the duration of violation of the foreigners in this context are as follows:

 

  • Violation up to 3 months                           : Prohibition of entry for 3 months
  • Violation between 3 months – 6 months   : Prohibition of entry for 6 months
  • Violation between 6 months – 1 year        : Prohibition of entry for 1 year
  • Violation between 1 year – 2 years            : Prohibition of entry for 2 years
  • Violation more than 2 years                       : Prohibition of entry for 5 years

 

4. Foreigners, who do not make the payment for administrative fines and other public receivables due to Act of Fees numbered 492 and other legislation provisions, shall not be allowed to enter our country even though the duration of prohibition of entry for them is over unless they make the payment for aforementioned fines and other public receivables within the context of articles 7 and 15 of the Law numbered 6458.

 

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