General Provisions
A foreigner may have stayed in Turkey within the period specified by documents such as a granted residence permit, work permit, visa, or visa exemption. After this period expires, if the foreigner does not leave the country, a deportation decision may be taken. However, as a lighter measure where possible, an Invitation to Self Deport may be applied. In accordance with the law, those against whom a deportation decision has been taken may be granted a period of not less than 15 days and up to 30 days, provided it is stated in the deportation decision, for the purpose of allowing them to leave Turkey.
Invitation to Self Deport: Cases of No Application
It cannot be said that an “Invitation to Self Deport” decision will be taken for a foreigner under all circumstances. The foreigners listed below are not considered among those who will be invited to self deport:
- Those with a risk of absconding or disappearing,
- Those who violate legal entry rules,
- Those who use fake or fraudulent documents to try to obtain a residence permit,
- Those who use fake or fraudulent documents and have obtained a residence permit,
- Those who pose a threat to public order or public security.
If the foreigner is a manager, member, or supporter of a terrorist organization or a manager, member, or supporter of a profit-driven criminal organization and is among those who pose a threat to public order, public security, or public health, then it is not possible to issue an invitation to them in the name of self deport.
Address of the Foreigner Invited to Self Deport
One of the conditions required for foreigners to obtain a residence/work permit is to present their address information registered in the address registration system (Mernis) suitable for notification and for this address to be one actually used for residential purposes. Concerning foreigners who are found not to be residing at these addresses, a risk of absconding and disappearing may be mentioned. In all cases, it is important that the given address is correct and that the declarations reflect the truth. The opposite situation is grounds for deportation. Please review our article examining the reasons for deportation in more detail here.
Procedure for Entry into the Country and Exception
To enter the country, it is necessary to have a valid passport, possess a visa or valid visa exemption, and enter through permitted border gates/airports. If a foreigner wishing to enter the country does not comply with any of the above criteria, the foreigner will be deemed to have violated the entry rules. However, it should not be forgotten that in cases where the foreigner requests international protection or is subject to the temporary protection regime, they may also enter the country from places other than the permitted border gates. In this case, the foreigner is permitted due to urgency. Here, individual/collective entries from places without a border gate are an exception.
If the foreigner does not self deport within the granted period and does not have an acceptable excuse, an administrative supervision decision will be taken against them by the governorship. The purpose of granting time to the foreigner is for them to leave the country. The excuse the foreigner will present regarding themselves must be of an urgency that necessitates their stay in the country to the required extent. For example, it may be considered to allow the foreigner to stay in the country because their child cannot receive cancer treatment in their own country. Here, for a foreigner who can present a reason with the necessary continuity, the conditions for a “humanitarian residence permit” should come into play.
Even if the administrative supervision decision taken against the foreigner has ended by court decision or through the governorship, since there is no reason to stay in the country, they will be invited to self deport. For a foreigner against whom a deportation decision has been taken and who is invited to relinquish domicile, the necessary code entry is provided (Ç-137). If the administrative supervision decision regarding a foreigner who poses a threat to public order and security is to end, the relevant units are additionally notified. Intelligence information regarding the foreigner’s conduct and attitudes contrary to public order or security must be evaluated and compiled. The governorship cannot have an automatic discretion on this matter.
The Foreigner’s Invitation to Self Deport and the Relinquishment Period
During the process where the foreigner is invited to self deport, they no longer have the right to remain in the country. In cases where the foreigner is invited to self deport, the time they spend within the country does not grant them any rights. In cases where a foreigner is invited to self deport, they can no longer apply for a residence or work permit.
Upon the deportation decision taken against them, the foreigner must be given a period of not less than 15 days and not exceeding 30 days with the Invitation to Self Deport. The foreigner is obliged to comply with the granted period within the specified time. For a foreigner who comes to exit, regardless of the expiry of the period given for the Invitation to Self Deport, their exits are processed quickly.
Regarding the foreigner;
- If they are within the period of the Invitation to Self Deport and
- Provided they pay their “residence violation fines,”
an “entry ban to the country” decision is not taken against them; therefore, no code is placed. Penalties given for different violations committed by the foreigner are reserved. However, if the foreigner does not exit the country within the period specified in the issued invitation or if they do not pay the “residence violation fine,” an “entry ban to the country” will be applied against the foreigner. The duration of the entry ban depends on the period the foreigner stayed in the country without a residence permit. The deportation procedures of those found not to have exited within the period they were invited to self deport are carried out from removal centers.
If a record is encountered during reentry procedures at border gates that the foreigner was invited to self deport, this record is ex officio removed by the border gate. If there are entry ban records placed for other reasons, action is taken within the framework of the regulations specific to that record.
It is essential that a foreigner who meets all the conditions of the Invitation to Self Deport application listed above benefits from these provisions. The absence of the foreigner’s passport does not constitute an obstacle to the matter.
1. What is the deportation process in Turkey?
The deportation process in Turkey typically begins with a formal decision by authorities, often preceded by an “Invitation to Self Deport” (yurdu terke davet) if the foreigner does not pose a high risk. If the individual does not leave voluntarily within the granted period (15-30 days), administrative supervision may be ordered, leading to enforced removal. The process is governed by strict legal criteria, focusing on violations of immigration law, public order threats, or document fraud.
2. How much is the penalty for overstaying in Turkey?
Overstaying a visa or residence permit in Turkey results in an administrative fine, commonly referred to as an “overstay penalty.” The exact amount is typically two times the amount of the residence fee, and it is a mandatory fee that must be paid before leaving the country to avoid or reduce the entry ban. In the right circumstances, payment of this fine can help you avoid an “entry ban to the country.”
3. Can I go back to Turkey after being deported?
Re-entry after deportation is possible but depends on the circumstances. If you complied with the deportation order and paid any overstay penalty, you might avoid a formal entry ban. However, if you were deported for serious reasons (e.g., threat to public order, document fraud), an entry ban of varying duration—often proportional to your period of unlawful stay—will be applied, legally preventing reentry for its duration(5 years).
4. What is the most common reason for deportation?
The most common legal ground for deportation in Turkey is overstaying a visa or residence permit. According to the law, once the permitted stay period expires, a foreigner becomes liable for an “invitation to self deport” or direct deportation if they do not depart voluntarily or lack a valid excuse for an extension.
5. Can someone be deported immediately?
Yes, immediate deportation without a prior “invitation to self deport” can occur if the foreigner is deemed a high risk. This includes individuals who pose a threat to public order or security, have used fraudulent documents, are affiliated with terrorist or criminal organizations, or have a high risk of absconding. In such cases, administrative supervision and removal will be expedited.
6. How long can I stay in Turkey after my residence permit expires?
You must apply to extend your permit within 10 days after its expiry date to avoid penalties. Legally, you cannot stay at all after the given timeline. However, the law provides a grace mechanism: authorities may issue an “Invitation to Self Deport,” granting a period of 15 to 30 days to leave voluntarily. Staying beyond this period without a valid humanitarian or legal excuse makes you subject to deportation and an entry ban.
7. Can you come back if you self-deport?
If you comply with an “Invitation to self deport” and pay any applicable overstay fines, you will not receive an entry ban. This allows for potential reentry in the future. Failure to pay the fine, however, will result in an entry ban being imposed upon your departure, and failure to cooperate will block your entry in the future.
8. How long is a ban from Turkey?
The length of an entry ban depends on the violation. For overstaying, the ban duration is typically tied to the length of the unlawful stay. There is no fixed term listed, but bans can range from a month to five years. The ban is officially recorded in the immigration system and will be enforced at all ports of entry.
