What is the Restriction Code?
In this episode, we will discover the various ways the immigration authority penalizes by assinging restriction code for individuals of foreign origin within Turkey.
IMMIGRATIONRELOCATION
Atty. Gökhan VURAL
9/4/202410 min read
In all instances, restriction codes offer insights into the background of the foreign individual. Alternatively, they signify the reasons behind the foreigner's prohibition from entering Türkiye(Turkey) or being deported. The justifications for assigning restriction codes differ greatly, and governing bodies have the ability to consider numerous factors for deportation. However, the length of the restriction period may differ depending on the circumstances. In this article we evaluate the reasons why the administrative authority decides against the foreigner.
However, the article does not delve into the process of deportation or information on deportation procedures. The article also does not cover the fundamental reasons or exceptions for deportation.
V Restriction Codes
Restriction code V-68 (Residence permit subject to ministerial permission)
This procedure requires the foreigner to get the annotated visa. This visas require the approval of the ministry to be issued. Such requirement results in the rejection of the usual visa application. Therefore, it requires the authorization of the government department and a visa with annotations or cancellation of the residence permit.
Restriction code V-69 ( Residence permit revoked)
Restriction code V-69 is imposed on those who have gotten a residence permit in Turkey, which was later revoked as a result of non-compliance with the residence rules. Failure to adhere to the regulations in these cases is typically discovered following the issuance of the residence permit to the foreign national, resulting in a denial of residency for a period of five years.
Restriction code V-70 (Fake marriage)
Non-nationals who partake in fraudulent matrimony to acquire a family residency permit in Turkey, upon discovery, will be assigned a restriction code V-70 and face a prohibition from entering Turkey for a maximum of 5 years.
Restriction code V-71 (Foreigners who cannot be found at the address, who do not report the change of address, and who make false statements)
Restriction code V-71 is the designation assigned to individuals of foreign nationality who fail to notify the appropriate authorities of a change in their declared address after obtaining a residency permit in Turkey, or who reside at an address that differs from the one originally provided at the time of obtaining the permit. This issue can be rectified through the process of administrative appeal.
Restriction code V-74 (Foreigners required to notify the ministry/governorates of their departure)
Restriction code V-74 is a restriction code applicable to foreign nationals who are obligated to notify the ministry or governorate of their departure from Turkey. This restriction can be lifted through an administrative appeal or legal action.
Restriction code V-77 (Individuals who have submitted applications despite not being of Meskhetian Turkish descent.)
If, after carrying out the necessary inquiries, it is determined that the person purporting to be a Meskhetian Turk lacks genuine Meskhetian Turk descent, the restriction code V-77 will be implemented to prevent any subsequent submissions founded on the same ethnic heritage. Lineage is usually determined through communal agreement, highlighting the importance of widespread recognition of the individuals within the local community. This recognition also involves the sharing of cultural elements, including language, that are common within the community.
Restriction code V-84 (Those who have entered under the condition of getting a residence permit in 10 days)
Restriction code V-84 is enforced upon foreign individuals who have entered Turkey with the requirement of obtaining a residence permit within a span of 10 days. Failure to submit an application for a residence permit within the specified timeframe will result in a temporary prohibition on entry. The provisional entry scheme, which permitted foreigners to enter Turkey for the purpose of securing a residence permit, was officially discontinued as of June 9, 2020. Consequently, this particular code is now obsolete.
Restriction code V-87 (Voluntary returnee under temporary protection status)
Restriction code V-87 is the label given to non-citizens under temporary protection in Turkey who opt to voluntarily return to their country of origin. While most of these individuals choose to repatriate independently, there are instances of coercion or falsification. These allegations entail a criminal charge, necessitating the filing of both administrative and legal cases.
Restriction code V-88 (Foreigners whose work permit has been invalidated)
Restriction code V-88 is relevant to non-citizens who possess a revoked work permit. Depending on the reasons for the revocation, individuals may face a financial penalty or a ban on entering Turkey. Addressing this matter may involve reapplying for a work permit, or engaging in administrative procedures.
Restriction code V-91 (Foreign nationals under temporary protection whose departure from Turkey requires authorization)
Restriction code V-91 applies to foreign nationals under temporary protection whose departure from Turkey requires authorization. These individuals must obtain permission from the relevant authorities prior to leaving the country. This regulation can be revoked through an administrative appeal or legal action.
Restriction code V-92 (Foreigners with duplicate registration and under temporary protection).
The restriction code V-92 code is designated for foreign individuals who are granted temporary protection and have dual registration. In the event that the issue is not rectified automatically, an administrative procedure must be initiated to correct the dual registration status.
Restriction code V-137 (Those ordered to leave Turkey)
Some foreign nationals subject to a deportation order are not immediately expelled by compulsion; rather, they are granted a 15-day grace period to depart from Turkey. It is imperative that they vacate Turkish territory within this specified timeframe. Failure to comply will result in the imposition of an instant deportation order and subsequent prohibition from reentering the country. These individuals are classified under the designation restriction code V-137.
Restriction code V-144 (Foreign nationals released under administrative supervision.)
Certain individuals facing a deportation order may encounter obstacles in returning to their country of origin, potentially putting their lives at risk upon their return. In such cases, these individuals may be deported to a third country. If this is not a viable option, deportation will be suspended and the individual will be awarded a humanitarian residence permit in Turkey. Throughout this procedure, the individual will be assigned the designation restriction code V-144 and can potentially have the visa annotation removed.
Restriction code V-146 (Annotated Turkish passport)
The restriction code V-146 code is utilized to mark the passports of certain Turkish individuals who are facing legal proceedings, typically involving travel restrictions that prevent them from leaving Turkey. In certain instances, their passport requests will be left unresolved. This scenario represents a legal infringement, necessitating the submission of an administrative appeal followed by the filing of a lawsuit to achieve resolution.
Restriction code V-147 (Spouse of a Turkish citizen with a passport containing an annotation.)
The partners of individuals in the aforementioned circumstance are designated with the restriction code V-147, and they are subject to the same protocol. This violates the fundamental tenet of criminal law, which emphasizes the individuality of each offense, and introduces guilt by association. An appeal at the administrative level is necessary, followed by the initiation of a legal suit.
Restriction code V-148 (Individual dwelling in a transitional housing facility.)
Certain foreigners are currently housed in temporary lodging facilities based on the specifics of their situation. These individuals are designated with the non-restriction code V-148. This code serves as an identifier and can be deactivated through administrative procedures once their stay in the accommodation comes to an end.
Non-restriction code V-154 (Application to the administrative court against a deportation order)
As detailed in the deportation appeal chapter, a legal challenge against a deportation order is lodged with the administrative court, resulting in a temporary suspension of the deportation. During this period, the individual in question will be designated as non-restriction code V-154, a mere informational designation. This designation will be lifted upon the conclusion of the legal proceedings.
Restriction code V-155 (European Court of Human Rights Interim Measure)
When a non-national lodges a complaint with the European Court of Human Rights (ECHR) regarding an incident in Turkey and the ECHR grants an interim injunction in their favor, a restriction code V-155 is activated. Nevertheless, this can only come into effect if the ECHR has sanctioned the non-national's petition for interim measures.
Restriction code V-157 (Foreigners whose requests for residency permits have been rejected).
The label restriction code V-157 is assigned to Foreigners whose application for a residence permit has been turned down. To remove this label, individuals must apply for a visa with annotations or take legal measures by filing a lawsuit in the administrative court to contest the refusal of their residency request.
Restriction code V-158 (Revocation of foreign diplomatic staff or family member identification card.)
The ID cards of people who work in foreign representations or their family members may be revoked for several reasons. An example is being declared “persona non-grata”. In such cases, the relevant person will be coded with restriction code V-158 restriction code. This code can be removed by administrative appeal or a lawsuit, depending on the reason for revocation.
Restriction code V-159 (Foreigners entering Turkey for the purpose of transit to a third country)
The restriction code V-159 identifies those foreigners who are entering Turkey for transit. These foreign individuals utilize Turkish territory as a transit point to access or enter a third country, often in the capacity of chauffeurs. It is an information code and there is no disadvantage for foreigners.
G Restriction Codes
The Restriction Code G-26 (Involvement with an illicit organization)
The Restriction Code G-26 is designated for identifying foreign nationals who are implicated or suspected of involvement in activities associated with an illicit organization. This code can only be expunged through legal proceedings.
The Restriction Code G-34 (Counterfeiting)
The Restriction Code G-34 code is used to identify foreign nationals who have perpetrated or are suspected of perpetrating acts of counterfeiting. This code can only be expunged through legal proceedings.
The Restriction Code G-42 (Narcotics-related offense)
The Restriction Code G-42 code is utilized to identify foreign nationals who have committed or are suspected of committing offenses related to narcotics. This code can only be expunged through legal proceedings.
The Restriction Code G-43 (Smuggling Offenses)
The designation of the restriction code G-43 pertains to Foreigners who have committed or are suspected of committing acts of smuggling. This designation can only be revoked through legal proceedings.
The Restriction Code G-48 (Facilitating Prostitution and Providing a Venue)
The designation of the restriction code G-48 pertains to Foreigners who have engaged in or are suspected of engaging in facilitation of prostitution and providing a venue for such activities. This designation can only be revoked through legal proceedings.
The Restriction Code G-58 (Homicide Offenses)
The designation of the restriction code G-58 pertains to Foreigners who have committed or are suspected of committing acts of homicide. This designation can only be revoked through legal proceedings.
The Restriction Code G-64 (Threatening Behavior)
The designation of the restriction code G-64 pertains to Foreigners who have engaged in or are suspected of engaging in threatening behavior. This designation can only be revoked through legal proceedings.
The Restriction Code G-65 (Theft)
The designation of the restriction code G-65 pertains to Foreigners who have committed or are suspected of committing theft. This designation can only be revoked through legal proceedings.
The Restriction Code G-66 (Extortion and Plunder)
The designation of the restriction code G-66 pertains to Foreigners who have engaged in or are suspected of engaging in acts of extortion and plunder. This designation can only be revoked through legal proceedings.
The Restriction Code G-67 (Fraud)
The designation of the restriction code G-67 pertains to Foreigners who have committed or are suspected of committing fraud offenses. This designation can only be revoked through legal proceedings.
The Restriction Code G-78 (Foreigners with Communicable Diseases)
Foreigners with communicable diseases are identified by the restriction code G-78 and are permanently banned from entering Turkey. However, if there has been a misdiagnosis or if the individual has been successfully treated and regained their health, the entry ban to Turkey will be lifted after an application process. It is advisable to seek legal counsel to determine whether this will be resolved through an administrative application or via legal action.
The Restriction Code G-82 (Engagement in activities detrimental to Turkish national security)
The designation of the restriction code G-82 is used to identify Foreigners who are suspected of engaging in activities that undermine Turkish national security. This designation is akin to the restriction code G-87. It is typically established through intelligence information. The removal of this designation can only be achieved through legal action.
The Restriction Code G-87 (Individuals who present a threat to public security)
Foreigners can be classified under the restriction code G-87 restriction code based on information provided by law enforcement agencies and national intelligence organizations, resulting in their deportation.
In actuality, intelligence reports are frequently compiled hastily and lack substantial evidence. Intelligence agencies often produce reports on foreign individuals based solely on suspicion, occasionally utilizing guilt by association tactics, which are then relayed to the Immigration Authority. In such cases, legal action should be taken to challenge this classification. Nevertheless, due to the confidential nature of the information, Transparency can only be sought through legal proceedings, which may have limited reach.
Moreover, the expulsion of individuals identified under the restriction code G-87 classification could potentially compromise their well-being in their native lands. In a landmark legal case presented to the Turkish Constitutional Court led to the annulment of this procedure, highlighting the possible peril to the individual's existence upon deportation and the absence of any immediate danger posed to public safety by the said individual.
Ç Restriction Codes
Ç-101 (Violation of visa, visa exemption, residence, work permit / ban on entry for 3 months)
The Ç-101 code is designated for individuals of foreign nationality who contravene regulations pertaining to visas, visa exemptions, residence permits, and work permits. These individuals are subject to fines and are prohibited from entering Turkey. The issue can be resolved either through an annotated visa or by means of legal proceedings, with the subsequent lifting of the entry ban.
Ç-102 (Violation of visa, visa exemption, residence, work permit / ban on entry for 6 months)
The Ç-102 code is assigned to individuals of foreign nationality who breach regulations concerning visas, visa exemptions, residence permits, and work permits. These individuals are subject to fines and are prohibited from entering Turkey. The issue can be resolved either through an annotated visa or by means of legal proceedings, resulting in the removal of the entry ban.
Ç-103 (Violation of visa, visa exemption, residence, work permit / ban on entry for 1 year)
The Ç-103 code is allocated to individuals of foreign nationality who violate regulations pertaining to visas, visa exemptions, residence permits, and work permits. These individuals are subject to fines and are prohibited from entering Turkey. The issue can be resolved either through an annotated visa or by means of legal proceedings, with the subsequent lifting of the entry ban.
Ç-104 (Violation of visa, visa exemption, residence, work permit / ban on entry for 2 years)
The Ç-104 code is designated for individuals of foreign nationality who contravene regulations regarding visas, visa exemptions, residence permits, and work permits. These individuals are subject to fines and are prohibited from entering Turkey. The issue can be resolved either through an annotated visa or by means of legal proceedings, resulting in the removal of the entry ban.
Ç-104 (Violation of visa, visa exemption, residence, work permit / ban on entry for 5 years)
The Ç-105 code is assigned to individuals of foreign nationality who violate regulations pertaining to visas, visa exemptions, residence permits, and work permits. These individuals are subject to fines and are prohibited from entering Turkey. The issue can be resolved either through an annotated visa or by means of legal proceedings, with the subsequent lifting of the entry ban.
Ç-113 ( Those who illegally entered and left the Turkey)
Individuals of foreign nationality who unlawfully enter Turkey are identified by the restriction code Ç-113, resulting in a ban on entering Turkey for 2 years and the imposition of an administrative fine. Payment of the administrative fine allows for a reduced entry ban of 2 years; failure to pay extends the ban to 5 years. As the administrative fine is considered an administrative action, it is subject to judicial review, requiring the initiation of legal proceedings in the appropriate court within the stipulated timeframe.
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