Foreign Restriction Codes in Turkey: An Overview

Introduction

Foreign restriction codes are administrative measures imposed on foreign nationals seeking to enter or reside in Turkey. These codes, issued by the Directorate General of Migration Management, serve to regulate entry, residence, or exit from the country, primarily to safeguard public order, security, and health. Governed by Law No. 6458 on Foreigners and International Protection (YUKK), these codes address various violations or circumstances that may affect a foreign national’s legal status in Turkey. This article provides a comprehensive analysis of restriction codes, their types, purposes, legal basis, and the procedures for their removal.

Definition of Foreign Restriction Codes

Foreign restriction codes are administrative designations that regulate the entry, residence, or exit of foreign nationals in Turkey. These codes are applied in response to specific violations or situations, such as overstaying a visa, unauthorized employment, or threats to public security. Represented by alphanumeric combinations (e.g., Ç, G, N, V), each code corresponds to a distinct violation or circumstance, potentially resulting in entry bans, residence permit cancellations, or deportation.

Legal Framework

The legal basis for restriction codes is rooted in Law No. 6458 on Foreigners and International Protection, enacted on April 11, 2013. This legislation governs the entry, residence, and exit procedures for foreigners in Turkey and authorizes the Directorate General of Migration Management to implement related measures. Articles 52 and 60 of the law specifically address deportation and entry bans, providing the framework for the application of restriction codes.

Types of Restriction Codes

Restriction codes are categorized based on the nature of the violation or situation. They are typically denoted by letters and numbers, with each category addressing specific issues. The primary groups include:

• Ç Codes: Related to administrative violations, such as visa, residence permit, or unauthorized employment issues.

• G Codes: Applied to individuals involved in criminal activities or deemed a threat to public order or security.

• N Codes: Associated with financial penalties or entry prerequisites.

• V Codes: Related to residence and temporary protection processes.

• M/K/O Codes: Pertaining to Interpol, smuggling, or international protection matters.

Below is a detailed list of common restriction codes, their descriptions, and consequences:

Code	Description	Consequences
Ç-101	Violation of visa, visa exemption, residence, or work permit (3-month entry ban)	3-month entry ban, administrative fine, deportation.
Ç-102	Violation of visa, visa exemption, residence, or work permit (6-month entry ban)	6-month entry ban, administrative fine, deportation.
Ç-103	Violation of visa, visa exemption, residence, or work permit (1-year entry ban)	1-year entry ban, deportation.
Ç-104	Violation of visa, visa exemption, residence, or work permit (2-year entry ban)	2-year entry ban, deportation.
Ç-105	Violation of visa, visa exemption, residence, or work permit (5-year entry ban)	5-year entry ban, deportation.
Ç-113	Illegal entry or exit	2-year entry ban, additional 5 years if fine unpaid.
Ç-114	Foreigners subject to judicial proceedings	2-year entry ban, deportation.
Ç-116	Earning a livelihood through illegitimate means (e.g., prostitution)	5-year entry ban, possible additional G or N codes.
Ç-117	Unauthorized employment	1-year entry ban, deportation.
Ç-118	Carrying a contagious disease posing a public health threat	5-year entry ban, removable with medical report.
G-26	Involvement in illegal organizations	Deportation, entry ban (duration determined by authorities).
G-87	General security threat	Deportation, entry ban (duration determined by authorities).
N-82	Entry subject to prior authorization	Requires approval from the Ministry of Interior.
V-69	Cancellation of residence permit	5-year residence permit ban.
V-70	Fraudulent marriage	5-year entry ban, residence permit cancellation.
V-153	Constitutional Court interim measure for third-country nationals	Informative, no adverse effect.
V-154	Application to administrative court against deportation	Informative, deportation suspended pending case resolution.

This list represents only a subset of approximately 100 distinct restriction codes, each addressing a specific scenario.

Reasons for Imposing Restriction Codes

Restriction codes are applied for several reasons, including:

• Public Order and Security: For involvement in criminal activities, terrorism, or actions disrupting public order (e.g., G-26, G-87).

• Public Health: For carrying contagious diseases posing a public health risk (e.g., Ç-118, G-78).

• Visa and Residence Violations: For overstaying visas, unauthorized employment, or non-compliance with residence regulations (e.g., Ç-101 to Ç-105).

• Illegal Entry or Exit: For entering or exiting Turkey through unauthorized means (e.g., Ç-113).

• Financial Obligations: For unpaid administrative fines or deportation costs (e.g., Ç-120, N-136).

These reasons can significantly impact a foreign national’s legal status in Turkey, potentially leading to entry bans, permit cancellations, or deportation.

Removal of Restriction Codes

Restriction codes can be challenged and potentially removed through administrative or judicial processes, depending on the code’s basis and circumstances.

Methods for Removal

1. Administrative Objection

   • Timeframe: Must be filed within 60 days of the code’s notification.

   • Procedure: A reasoned petition is submitted to the Directorate General of Migration Management. The authority must respond within 30 days; failure to respond results in an implied rejection.

   • Outcome: If accepted, the code is lifted; if rejected, a cancellation lawsuit may be pursued.

2. Cancellation Lawsuit

   • Timeframe: Must be filed within 60 days of the administrative objection’s rejection or notification.

   • Procedure: The lawsuit is filed with the Ankara Administrative Courts, which have jurisdiction over restriction code cases. A request for a stay of execution may be made to halt deportation, provided irreparable harm is demonstrated.

   • Outcome: The court’s decision can lift both the code and any associated deportation order.

3. Annotated Visa

   • Definition: A special visa issued for specific purposes, such as family reunification, education, or medical treatment.

   • Procedure: Applications are made through Turkish consulates, subject to specific conditions. It may allow entry despite a restriction code, except in cases involving public order or security risks.

   • Outcome: Successful applications can facilitate entry or residence.

4. Deportation Cancellation Lawsuit

   • Timeframe: Must be filed within 7 days of the deportation decision’s notification.

   • Procedure: The lawsuit, filed in the administrative court of the province issuing the deportation order, can challenge both the deportation and the restriction code. Decisions are typically issued within 3–4 months and are final.

   • Note: Without a stay of execution, deportation may proceed during the lawsuit.

5. Objection to Administrative Detention

   • Definition: Foreigners detained in removal centers can challenge the detention decision.

   • Procedure: Applications are made to the Criminal Court of Peace, with decisions being final.

   • Timeframe: Objections can be filed at any time during detention.

Inquiry into Restriction Codes

Foreign nationals can inquire about restriction codes by contacting the relevant Provincial Directorate of Migration Management under the Ministry of Interior. This process can be conducted individually or through legal representation. Understanding the code’s reason and duration is critical for addressing it effectively.

Given that restriction codes often accompany deportation decisions, it is advisable to engage a qualified lawyer for inquiries and subsequent actions. Direct inquiries to migration authorities by individuals with active codes may lead to detention and deportation, particularly if the code was unjustly applied but no legal challenge was initiated. Consulting an experienced attorney specializing in foreigners’ law is highly recommended.

Conclusion

Foreign restriction codes can significantly impact foreign nationals, leading to entry bans, residence permit cancellations, or deportation. These codes, grounded in Law No. 6458, serve to protect public order, security, and health. Removal is possible through administrative objections, cancellation lawsuits, annotated visas, or challenges to deportation and detention orders, though these processes require legal expertise. For professional assistance in navigating restriction code issues, 6NOVA Law Firm offers specialized support in foreigners’ law. Contact us for further information.