Lawyer in Turkey: Flexible rules regarding deportation of illegal stay from Turkey

Thursday, June 25, 2015

Flexible rules regarding deportation of illegal stay from Turkey

Since April 2014,(law 6458) rules regarding deportation of illegal staying or working foreigners are been changed in favor of the foreigner. A foreigner who is present in Turkey (to live or work) without official authorization papers is been appointed illegal.

The good faith of the illegal foreigner is been rewarded with the current amendment. This foreigner will not get an entrance ban if he leaves the country on his own initiative provided that he pays the imposed fine at the customs. The imposed fine is determined on the circumstance of the case, like exceeded era in Turkey or working without a work permit.

The main difference with the current amendment is the entrance ban that will not be imposed on the illegal staying foreigner who leaves the country on his own initiative. The legislative entrance ban is normally a maximum period of 5 years. But with the amendment the restriction will just be 3 months transition period abroad Turkey, unless the person did apply for a work permit or residence permit within the transition period that is been accepted. In that situation the person will be allowed to enter Turkey without waiting for the 3 months.

The important issue is that the illegal foreigner has to use his own initiative. If the public authorities take measures to deport the person of question, then this person will still have a risk to get an entrance ban for a maximum of 5 years. Once there is a threat regarding the public safety, the entrance ban will be increased with a maximum of 10 years. 

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