Deportation Process in Turkey

A. Reasons for Deportation Process in Turkey of a Foreigner

A deportation decision against a foreigner is issued exceptionally. However, deportation process in Turkey is possible under certain conditions. These conditions are as follows:

✔ If a foreigner exceeds their visa or residence permit duration, or the permitted stay in the country, by ten days, they will be deported unless they voluntarily arrive at border crossings. In such cases, the foreigner may have applied for an extension. If the foreigner has applied for a residence permit or an extension after their visa or visa-free stay, they are allowed to remain in Türkiye until their application is finalized. Therefore, a deportation decision should only be issued after ten days following a rejection decision. Additionally, the foreigner must be forcibly removed, not leave voluntarily.

✔ A foreigner with a visa or visa exemption has the right to stay in Türkiye for the duration of their visa/exemption. If their residence permit application is rejected, but their visa/exemption period is still valid, they cannot be deported. The deportation decision can only be issued if the visa/exemption period expires and the foreigner does not leave within ten days without voluntarily presenting themselves at the border.

✔ If a foreigner withdraws or is considered to have withdrawn their application for international protection and does not file a lawsuit or abandons their case, they will be deported unless they leave voluntarily.

✔ International protection applicants whose applications are deemed “inadmissible” or processed under “accelerated assessment” (unless they pursue legal remedies) will be subject to deportation process in Turkey.

✔ Foreigners found working without a valid work permit will be notified to leave the country within ten days after their residence permit is canceled. Otherwise, they will be deported.

✔ Foreigners who do not reside at the address registered in the address notification system will be deported.

✔ Foreigners sentenced to more than two years in prison under the Turkish Penal Code will be deported after serving their sentence.

✔ Foreigners who use fake documents to obtain a residence permit or visa will be deported.

✔ Foreigners deemed a threat to public health, security, or public order will be deported.

✔ Foreigners who enter Türkiye through unauthorized border crossings (unless seeking international protection) will be deported.

✔ Foreigners who cooperate with groups recognized as terrorist organizations (nationally or internationally) will be deported. The “non-refoulement principle” does not apply in such cases.

Note: A deportation decision is different from a fine for overstaying. Even if a foreigner stays illegally, they will not face deportation process in Turkey if they leave voluntarily (provided other conditions are met). However, fines apply regardless. Additionally, an entry ban is separate from deportation process in Turkey and takes effect after the foreigner leaves.

B. Where Deported Foreigners Are Sent

Deportation process in Turkey is carried out based on a decision by the governorate. Reasons for deportation include:

• Expiration or invalidation of residence permits/visas,

• Cancellation of residence permits/visas.

Deported foreigners are removed from Türkiye and sent to one of the following:

• Their country of origin,

• A transit country,

• The country they transited through before entering Türkiye,

• A third country.

The destination is determined based on:

1. The foreigner’s citizenship,

2. Whether the destination country will accept them,

3. The foreigner’s preference (if applicable).

C. Exceptions to Deportation Process in Turkey

Deportation process in Turkey does not apply in the following cases:

✔ Foreigners whose visas/residence permits are canceled but voluntarily arrive at the border within ten days.
✔ Foreigners who overstay but voluntarily leave within the grace period.
✔ Foreigners whose residence permit applications are rejected but still have a valid visa/exemption period.
✔ Foreigners who overstay their residence permit but leave voluntarily after the grace period.
✔ Foreigners whose residence permit extension is rejected but leave voluntarily later.
✔ International protection applicants who withdraw their application and declare in writing that they waive legal action and wish to return voluntarily.
✔ Applicants pursuing legal remedies against an “inadmissible” or “accelerated assessment” decision (until a final court ruling).

Additional exceptions (even if deportation criteria are met):

• If the foreigner faces the death penalty, torture, or inhuman treatment in the destination country (similar to non-refoulement).

• If the foreigner has serious health issues, is elderly, or is pregnant, making travel risky.

• If the foreigner has a life-threatening illness and cannot receive treatment in the destination country.

• If the foreigner is a victim of human trafficking, they receive support.

• If the foreigner is a victim of psychological, physical, or sexual violence (until treatment is complete).

Note: Exempt foreigners may still face additional obligations, such as mandatory residence registration.

Mandatory Deportation Reasons:

• If the foreigner poses a threat to public order/security ,

• If the foreigner poses a public health risk (based on medical reports).

D. Other Cases Requiring Deportation Process in Turkey

• Foreigners whose work permits are revoked for misuse will be evaluated for deportation process in Turkey.

• If deportation is not deemed necessary, the governorship issues a “no deportation” decision.