Deportation Fee and Lawyer Selection in Turkey
A person living in a foreign country can be deported or “deported”, often for reasons such as legal issues, visa expiration or unauthorized work. However, this situation can be resolved by applying certain procedures. Here is what you need to know about deportation procedures in Turkey, fees and the importance of choosing a deportation lawyer in this process.
Deportation decision is usually a serious situation and resolution of this situation requires legal processes and specific procedures. Asal Law Firm, an Istanbul-based law firm in Turkey, provides services with deport lawyers specialized in deportation cases.
A lawyer is usually needed to successfully complete the deport removal process. The lawyer can carry out all the necessary legal proceedings for you and manage this process. The assistance of an experienced attorney in deport removal procedures can make this complex process more understandable and manageable.
The cost of the deportation process may vary depending on the situation and the chosen attorney’s schedule. It may vary depending on the complexity of the situation and the actions required.
In some cases, a certain type of visa, such as a marriage visa or a work visa, can play an important role in the deportation process. For example, a person who finds a job in Turkey and obtains a worker visa for that job may find that this may affect their decision to deport. Likewise, a foreigner who marries a Turkish citizen and obtains a marriage visa can request the removal of the deportation decision thanks to this visa.
Although such transactions may seem complicated, it is possible to overcome this situation with the right legal assistance. Law firms in Turkey usually have extensive experience in this area and can help you find the best solution for you.
The deportation process is a complex process that can be managed with legal advice and the application of the right procedures. If you or someone you know is facing this situation, your first step should be to consult an experienced lawyer. Law firms in Turkey have experienced professionals who can help with this and they can help you find the best solution for you.
What is a Restriction Code and Why Is It Given?
The reasons for the restraint codes differ from each other. Depending on the importance of the action taken, the duration of the restriction varies.
In general terms, the main reasons for putting a restriction code are:
V-69 (Foreign persons whose residence permit has been revoked),
V-71 (Foreign persons who cannot be found at the address),
V-70 (Foreign persons in fake marriage),
V-77 (Foreign persons who apply in this way although they are not Ahıska Turks),
V-84 (foreign persons entering subject to obtaining a residence permit within 10 days),
G-78 (Foreign persons with communicable diseases),
G-87 (Foreign persons endangered in terms of general security),
Ç-113 (Foreign persons entering and leaving Turkey illegally),
Ç-114 (Foreign persons against whom legal proceedings have been taken),
Ç-115 (Foreign persons released from prison),
Ç-116 (Foreign persons who endanger public morality and public health),
Ç-117 (Foreigners working illegally),
Ç-118 (Foreign persons whose residence permit has been revoked),
Ç-119 (The situation where illegal workers do not pay the fine),
Ç-120 (Failure to pay the fine due to visa or residence violation),
Ç-135 (Foreigners who violate the Law on Foreigners and International Protection),
Ç-136 (Foreign persons who do not pay their travel expenses),
Ç-137 (Foreign persons invited to leave),
Ç-138 (INAD passenger / Inadmissible Passenger),
Ç-141 (Foreign persons whose entry to Turkey is subject to the permission of the Ministry),
K (Foreign persons wanted for smuggling),
N-99 (Interpol code),
O-100 (Refugee whose district is unknown and who is banned from entering the country),
N-82 (Foreign Persons whose Immigration Code / Entry is dependent on self-print),
It is necessary to reveal what should be understood from the concept of deportation decision or deportation from Foreign Deportation Removal procedures
The penalty for deportation is given as a result of the foreigner not fulfilling his legal obligations within the borders of Turkey or not complying with the prohibitions stipulated by the legal regulations.
Deportation or deportation decision can be taken automatically by the governorships or upon the instruction of the General Directorate of Migration Management within the scope of Article 53 of the Law No. 6458.
Within the scope of the same law, it has been determined that foreigners can be banned from entering Turkey for a maximum of five years. This period is determined separately for each situation and event.
A very common situation is that foreigners do not pay the fine for the period of visa violation when leaving Turkey.
Likewise, in cases where the foreigner makes a false marriage, is involved in prostitution or other crimes, an entry ban is imposed on the foreigner.
The entry ban to be imposed on the foreigner can be up to 5 years as specified in the Law No. 6458. The administration has a wide discretion in determining the duration of the ban on entry.
In practice, how long the foreigner will be banned from entering the country is determined by taking into account various criteria such as the subjective characteristics of the person, the event that justifies the deportation decision, and the severity of this event.
Who Cannot Be Deported?
Those who have serious indications that they will be subject to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they will be deported,
Those who are considered risky to travel due to serious health problems, age and pregnancy status,
Those who do not have the opportunity to receive treatment in the country to which they will be deported while their treatment for their life-threatening diseases continues,
Victims of human trafficking who benefit from the victim support process,
Victims of psychological, physical or sexual violence until their treatment is completed.
The evaluation regarding whether they are within the scope of this article is made separately for each foreigner.
In order for these foreigners to stay in the country, a humanitarian residence permit will be given to them, and they are also asked to reside at a certain address and to make a notification in the desired form and time.
In case of termination of the above-mentioned situations, a deportation decision will be taken for foreigners.
Objection Process to Deport Decision
Deportation/deport decision is given by the Governorship with justification. This decision is notified to the foreigner, his legal representative or, if the foreigner is represented by a proxy, to his/her representative. The deport decision is appealed after notification.
After the notification of the deport decision is received, an application should be made to the Administrative Court within 7 days against the decision. The application will be made with a petition. What we need to point out here is that it is extremely important that the petition be prepared by a lawyer.
For; Aliens law is a highly technical branch of law. In order to avoid any loss of rights, it is essential to get professional legal support from a lawyer specialized in foreigners’ law. It should be noted that until the end of the trial, no one can be deported, except for the cases of deportation listed above, except for those listed in subparagraphs (b), (d) and (k).
It is submitted to the relevant governorship, where the decision is appealed and at the stage of trial, accompanied by an official statement. In addition, since the decision of the administrative court is final, it means that ordinary legal remedies in domestic law have been exhausted.
The person who wants to use the right of individual application to the Constitutional Court should definitely get the support of a lawyer at this stage as well. Because individual application is a legal remedy with its own rules. For this reason, if it is desired not to experience loss of rights, it is necessary to benefit from a lawyer who is specialized in the field of foreigners law.
What does an Invitation to Leave Mean?
A maximum of thirty days is given to the person against whom a deportation decision is made, provided that it is not less than fifteen days. During this period, the foreigner is requested to leave Turkey. This is also stated in the deportation/deport decision.
An Exit Permit is issued to the deported person to leave Turkey, which is free of charge. Administrative detention decision is taken for those who do not leave Turkey in due time. An application can be made to the Criminal Judgeship of Peace against these administrative detention decisions.
Although it is not absolutely necessary to get support from a lawyer in order to complete the appeal process against the deport decision without any loss of rights, representation by a lawyer is important for the process to run smoothly.
Deportation Fee and Lawyer Selection in Turkey
Administrative Action for Restriction Code Removal
Foreign nationals, for whom a deportation decision has been made and a restriction code has been processed, can have this decision annulled by a lawsuit filed in a timely manner.
It will be necessary to take a different action according to each restriction code and to make a different defense in the case. But the important thing here is to open the case in the right time and to work with a competent lawyer who is experienced in foreigners’ law.
Some companies also try to provide legal services under the name of providing consultancy to foreigners. However, representation in litigation is a service that can only be provided by lawyers.
Expert foreigners law lawyers within Asal Hukuk Danışmanlık will ensure that this challenging process is carried out in the best way for you.
How Long Does a Restriction Code Removal Case Take?
The lawsuit to be filed against the removal of the Restriction code on deport inquiry and removal may take approximately 1 year. However, if the judge decides to stay the execution, since a stay of execution is requested together with the case, the foreign national will be able to enter Turkey.
The stay of execution decision is usually taken within 20 to 30 days. If there is a foreign national for whom a deportation decision has been made, and this person has both a restriction code and this foreign national is still in Turkey; In such a case, it is the right way to open the cases of both the cancellation of the deport decision and the removal of the restriction code on behalf of the foreign person without wasting time.
In case of an annulment action against the deportation decision, the outcome of the annulment action must be awaited in order for the foreign national to be deported. That is, foreigners cannot be deported. Since the restriction code also prevents entry to the dormitory, both decisions are blocked in a way by lawsuits.
