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Writer's pictureÖzgür Kurucuk

Deportation from Turkey According to Turkish Law: Understanding the Process and Implications

Updated: Jun 2, 2023


Deportation from Turkey According to Turkish Law: Understanding the Process and Implications

Introduction

Turkey, known for its rich history, vibrant culture, and warm hospitality, attracts a significant number of foreigners each year. However, in cases where individuals violate visa regulations, overstay their permitted duration, or engage in unauthorized employment, the Turkish government enforces deportation according to Turkish Law. In this blog article, we will explore the process of deportation from Turkey, the reasons behind it, and the implications it holds for individuals involved.


Reasons for Deportation

Deportation from Turkey is typically initiated for various reasons, such as:

  1. Visa Violations: Foreigners who fail to comply with the regulations pertaining to their tourist visas or residence permits may face deportation proceedings.

  2. Unauthorized Employment: Engaging in work without obtaining the necessary work permit is a violation of Turkish law. Individuals caught working illegally in Turkey are subject to deportation.

  3. Illegal Entry: Individuals who enter Turkey without proper documentation or through unauthorized means may be deemed in violation of immigration laws and consequently face deportation.

  4. Overstaying Duration: Foreign nationals who continue to reside in Turkey even after their residence permits have been cancelled or expired may be subject to deportation.

The Administrative Detention Process

Upon detection of any violation or threat to public order, security, or health, the Turkish authorities have the power to issue administrative detention decisions. This process involves the following steps:

  1. Turkish Police Stations or Gendarmerie Stations: Foreigners who fall under the aforementioned categories are taken to Turkish police stations or gendarmerie stations for initial processing.

  2. Administrative Detention: Once deemed necessary, an administrative detention decision is taken by the Turkish governorship. Those subject to administrative detention are subsequently transferred to specialized Removal Centers in Turkey.

Deportation Process and Duration

  1. Removal Centers: Foreigners held under administrative detention are kept in Removal Centers until the deportation process is initiated. These centers serve as temporary holding facilities where individuals await further proceedings.

  2. Maximum Detention Period: According to Turkish Law, the administrative detention period in Removal Centers cannot exceed six months. However, under certain circumstances, this period may be extended for an additional six months if the individual fails to cooperate or provide essential information for their deportation.

  3. Monthly Evaluation: The Turkish governorship regularly evaluates the necessity of continued administrative supervision. If deemed unnecessary, the Ministry is notified, and the administrative detention decision for the foreigner may be lifted.

  4. Objection and Release: Foreigners under administrative detention have the right to object to the decision. Upon the application made by the individual's Turkish lawyer to the court of peace, the court examines the case and may decide to release the person or continue administrative detention.

Alternatives to Deportation

  1. Voluntary Departure: In certain cases, individuals under administrative detention may be given the opportunity to leave Turkey voluntarily within a specified period. The Turkish Immigration Administration may grant a period of up to thirty days, allowing individuals to depart without facing an entry ban.

  2. Legal Considerations: It's crucial for foreigners facing deportation proceedings to consult with a qualified Turkish lawyer who can guide them through the legal process, evaluate the options available, and represent their interests before the court.

Conclusion

Deportation from Turkey according to Turkish Law is a serious matter that requires individuals to comply with the country's immigration regulations. Understanding the reasons behind deportation, the administrative detention process, and potential alternatives is essential for those navigating the complexities of immigration law in Turkey.


By adhering to the rules and regulations, respecting the cultural norms, and seeking legal guidance when necessary, individuals can avoid potential pitfalls, ensure their rights are protected, and enjoy a positive experience while visiting or residing in this beautiful country.



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