Legal Foundations

The ban on entry or entry ban into Turkey is regulated by Law No. 6458, namely the Foreigners and International Protection Law. It empowers the Directorate General of Migration Management to prohibit foreigners from entering Turkey if there are reasonable grounds to believe their entry may pose an inconvenience or a problem for the country. This prohibition is enforced by assigning a restriction code to the foreigner. If such a foreigner attempts to enter Turkey through any customs gate, the responsible officers will deny entry and return the foreigner. 

Feel free to contact Antalya Lawyer Ceren Topcu İncetaban and her Antalya Law Firm for free information regarding Foreigners and International Protection Law and foreigners’ and citizenship law services.

Prohibition of Entry to Turkey: Legal Framework

The imposition of entry bans to Turkey is not arbitrary; it must align with specific conditions outlined in the law. The affected foreigners can challenge unlawful entry bans through lawsuits in administrative courts seeking the removal of the imposed ban.

Inquiry on Entry Ban to Turkey: Checking Your Status

Foreigners can inquire about their entry status in Turkey by contacting local police or immigration authorities. However, the foreigner must physically be present in Turkey to make this inquiry. If the foreigner is abroad, this inquiry can be carried out through legal representation, often facilitated by a lawyer.

Authority Behind Entry Bans: Who Sets Them?

The decision to impose an entry ban on a foreigner in Turkey rests with the Directorate General of Migration Management or governorships.

Enforcing Entry Bans: The Restriction Code

The entry ban is implemented using a restriction code recorded in the foreigner’s registry. As long as this code exists, the foreigner cannot enter Turkey.

Duration of Entry Ban: Time Frames

Typically, entry bans to Turkey have a maximum duration of five years. However, if the foreigner is deemed a severe threat to Turkey, this period can be extended by an additional ten years, totaling a 15-year entry ban. Additionally, foreigners overstaying their legal period of stay in Turkey may also face entry bans. The duration of this ban depends on factors such as whether the foreigner pays administrative fines, their length of stay in Turkey, and how they leave the country. For accurate calculations, consulting with a lawyer specialized in Foreigners’ Law is advisable.

Reasons for Entry Bans: Legal Justifications

According to Law No. 6458, entry bans can be imposed if a foreigner poses a threat to public health, public security, or public order. This includes situations where the foreigner is connected to a terrorist organization, if there are substantial suspicions of their intent to commit a crime in Turkey, or if they have previously disrupted public order within the country. 

Finding an immigration lawyer with the legal knowledge and experience specific to your needs is crucial. For those facing entry bans or struggling with visa and immigration issues in Turkey, Alfa Law Firm is here to assist. Our team of experienced lawyers specializes in foreigners’ and citizenship law. We offer free consultations, ensuring you receive sound legal advice tailored to your unique situation.

Lifting an Entry Ban: Legal Recourse

The process to lift an entry ban in Turkey depends on the reason for the ban:

– If the ban is related to overstaying a legal period of stay, it will be automatically lifted upon the period’s expiration.

– When an entry ban is based on a perceived threat to public order or security, there are two options to lift it: 

  1. The Directorate General of Migration Management may remove the ban, allowing the foreigner to enter for a specified period.
  2. Alternatively, the foreigner can file a lawsuit against the entry ban in an administrative court. In the lawsuit, the foreigner can request a stay of execution and temporarily lift the ban until the lawsuit’s conclusion. This will involve filing a case for the removal of the restriction code.

Removing the Restriction Code: Challenging the Ban

To successfully lift an entry ban to Turkey, the foreigner must demonstrate that the administrative action was unlawful. Generally, the State can impose an entry ban to protect public security based on its sovereignty. However, this sovereign power must not enable arbitrary actions. The State should act in compliance with the Constitution, the European Convention on Human Rights, and international conventions it is party to.

– Family Unity: If the foreigner’s spouse or family members are Turkish citizens, the entry ban may violate the right to “Protection of Family Unity” outlined in Article 41 of the Constitution. Protecting and maintaining family unity is a priority for the State. Imposing an entry ban on a foreigner in such cases requires concrete evidence of a threat to public order or security.

– Right to Travel: The administrative action restricting entry into Turkey limits the foreigner’s right to travel. The administration’s actions should not be based solely on motives or suspicions. Concrete evidence must support any claims. If there are suspicions of a foreigner’s link to terrorist organizations, the evidence must substantiate these claims to avoid arbitrary restrictions on the right to travel.

Foreigners can challenge administrative actions by filing lawsuits to remove restriction codes in administrative courts. If the act is annulled, the foreigner will regain the right to enter Turkey. 

Conclusion: Upholding Rights and Legal Standards

Understanding the legal mechanisms surrounding entry bans in Turkey is crucial for foreigners and those responsible for enforcing these measures. Upholding rights and adhering to established legal standards are essential to ensure that the sovereign power of the State is exercised fairly and within the bounds of the law. Legal representation and professional guidance, especially from lawyers specializing in Foreigners’ Law, are vital in navigating these intricate legal matters. 

When dealing with entry bans or other immigration-related concerns, remember that you don’t have to navigate these complex legal matters alone. Reach out to Alfa Law Firm, where our immigration experts stand, ready to guide you through the legal intricacies of Turkish immigration law. By understanding the law on foreigners and international protection and partnering with a knowledgeable Turkish immigration lawyer, you can take the first step toward resolving your immigration issues and ensuring your legal rights are upheld. Don’t hesitate to contact us to schedule a free consultation, where we can discuss your specific situation and explore the best course of action for your needs.