Restriction Codes and Annulment Procedure
What is a Restriction Code?
Restriction codes for foreigners are administrative measures designed to control the entry and exit of foreign nationals to and from Türkiye. Through these codes, foreigners may be subjected to entry bans or pre-authorization requirements. Additionally, these codes enable the deportation of foreign nationals on grounds such as public security, public health, or public order.
Restriction codes are categorized according to their intended purposes and are denoted by combinations of letters and numbers. Commonly encountered codes in practice include those starting with the letters G, Ç, N, and V; however, the use of restriction codes is not limited to these examples.
These codes are implemented to protect public order, public security, and public health, ensuring that the entry and exit of foreign nationals are regulated accordingly. Through restriction codes, foreign nationals’ entry to Türkiye may be conditioned upon specific requirements or entirely prohibited. In some cases, these codes serve an informative purpose rather than imposing restrictions.
Procedures for Annulment of Restriction Codes
Restriction codes imposed on foreigners can be lifted through administrative applications or annulment lawsuits. Additionally, a special annotated visa can enable a foreign national’s entry into the country. In cases where a deportation order is issued alongside a restriction code, it is also possible to request the removal of the restriction code as part of the annulment lawsuit concerning the deportation order.
Administrative Application Procedure
The primary method for challenging a restriction code is an administrative application. Foreign nationals may submit an objection to the restriction code to the Directorate General of Migration Management within 60 days of the imposition of the code. This objection must be made through a reasoned petition.
The Directorate is obligated to respond to the application within 30 days. If no response is provided within this period, it is assumed that the request has been denied. Filing an administrative application suspends the time limit for initiating a lawsuit, and the remaining time resumes after a decision is issued. If the application is denied or deemed denied, the foreign national may file an annulment lawsuit within the remaining period of the 60-day time limit for administrative litigation.
Annulment Lawsuit
Another way to challenge a restriction code and the associated entry ban is by filing an annulment lawsuit. This lawsuit can be filed either before or after submitting an administrative application. The time limit for filing the lawsuit is 60 days from the date of notification of the decision.
If the foreign national wishes to appeal the first-instance court’s decision, they may do so by filing an appeal within 30 days of notification.
It is important to note that filing an annulment lawsuit does not automatically suspend the execution of the restriction code. To suspend its enforcement, it must be demonstrated that the continuation of the code would result in irreparable or difficult-to-remedy damages. If this is established and a request for suspension is made, the court may order a stay of execution.
Objection to Deportation Orders
An objection to a deportation order is a vital legal remedy available to foreign nationals to protect their rights. In Türkiye, such an objection must be filed with the administrative court within 7 days of receiving the deportation decision. The decision of the administrative court is final and cannot be appealed through appellate or cassation procedures.
In lawsuits challenging deportation orders, the court may also be requested to lift the restriction code. However, if such a request is not explicitly made, the restriction code will remain in effect even if the deportation order is annulled.
When a deportation order is challenged through litigation, the deportation process is suspended for the duration of the lawsuit. Depending on the court’s decision, the foreign national may either be sent to their home country or remain in Türkiye if the deportation order is annulled. However, foreign nationals held in removal centers are not automatically released upon the suspension of deportation orders. To be released, an objection to the administrative detention order must also be filed.
Objection to Administrative Detention Orders
Foreign nationals held in removal centers pending deportation may challenge their administrative detention order to seek release. Such objections are filed with the magistrate’s court that issued the deportation order.
The foreign national may object to the administrative detention order at any time during their detention. The magistrate’s court’s decision regarding the objection is final and cannot be appealed.
Ç Restriction Codes
Ç restriction codes are imposed for various reasons. Some of these codes serve as informational while others have a more active enforcement nature. Each code needs to be analyzed individually due to their unique structures.
Ç-101: The Ç-101 restriction code is applied when there are violations related to visas, visa exemptions, work permits, or residence permits, which could lead to a ban on entry into the country for a foreign national.
For the application of the Ç-101 code, the violation period must range from 10 days to 3 months. In such cases, the foreigner is prohibited from entering Turkey for 3 months.
Ç-102: The Ç-102 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit between 3 months (inclusive) and 6 months (exclusive).
With this code, the foreigner’s entry to Turkey is prohibited for 6 months. Additionally, an administrative fine and a deportation decision are issued for foreign nationals who violate these matters.
Ç-103: The Ç-103 restriction code is applied for violations related to visas, visa exemptions, work permits, or residence permits. To apply this code, the violation period must be at least 6 months (inclusive) and at most 1 year (exclusive).
When the reasons for the application of the Ç-103 code are present, a ban on entry to Turkey for 1 year is imposed. If the foreigner is already in Turkey, they will be deported as soon as possible.
Ç-104: The Ç-104 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for a period between 1 year (inclusive) and 2 years (exclusive).
This code prohibits the foreigner’s entry to Turkey for 2 years. Additionally, deportation from the country is also considered.
Ç-105: The Ç-105 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for more than 2 years (inclusive). In this case, the foreigner’s entry to Turkey is prohibited for 5 years.
Codes Ç-101, Ç-102, Ç-103, Ç-104, and Ç-105 all share the same purpose of restricting entry but differ in the duration of the violation, with longer violations resulting in longer entry bans.
Ç-113: The Ç-113 restriction code is applied when illegal entry and exit from the country occurs, or there is suspicion of such activities. A foreigner subjected to this code is prohibited from entering Turkey for 2 years.
This code is frequently applied to foreigners entering Turkey illegally, especially from countries like Turkmenistan, Afghanistan, or other Central Asian and African nations.
Ç-114: The Ç-114 restriction code is applied to foreigners who have been subject to criminal proceedings. If a foreigner is involved in a crime and legal action is taken, their visa, work, and residence permits are canceled, and they are deported. A 2-year entry ban is imposed after deportation.
Ç-115: The Ç-115 restriction code is applied to foreign nationals who have been detained in prison and later released. After their release, a deportation decision is made, and a 2-year entry ban is applied. However, if the foreigner is acquitted, this code will not be applied.
Ç-116: The Ç-116 restriction code is imposed on foreigners who earn their livelihood through illegal (unlawful) means. This is often referred to as the “prostitution code.” A foreigner subject to this code is banned from entering Turkey for 5 years. If their actions involve criminal activity, additional G or N codes may be applied.
Ç-117: The Ç-117 restriction code is applied to foreigners working illegally in Turkey. A deportation decision is made, and the foreigner is banned from entering the country for 1 year.
Ç-118: The Ç-118 restriction code is applied to foreigners who have contagious diseases that pose a risk to public health. A doctor’s report is required to apply this code. The foreigner is deported, and their entry to Turkey is banned for 5 years.
Ç-119: The Ç-119 restriction code is applied to foreigners working illegally in Turkey and who have not paid their administrative fines. A deportation decision is made, and the foreigner is banned from entering the country for 5 years.
Ç-120: The Ç-120 restriction code is applied when a foreigner fails to pay administrative fines imposed for visa or residence permit violations. Deportation is decided, and if the fine is unpaid, the foreigner’s entry to Turkey is prohibited for 5 years.
Ç-135: According to Article 102 of the Law on Foreigners and International Protection No. 6458, administrative fines are imposed in specific cases. The Ç-135 restriction code is applied when these fines are not paid, and the foreigner is prohibited from entering Turkey for 5 years.
Ç-136: The Ç-136 restriction code is imposed when a foreigner cannot pay their travel expenses while leaving the country. In such cases, the treasury covers the expenses, but the foreigner must pay them to be allowed re-entry to Turkey. Otherwise, they will be prohibited from entering due to this code.
Ç-137: The Ç-137 restriction code is applied when a foreigner is invited to leave Turkey voluntarily within a set period (15-30 days) and fails to do so. If the foreigner does not leave voluntarily within the given time, they are banned from entering Turkey for 5 years.
Ç-138: The Ç-138 restriction code is applied to foreigners who attempt to enter Turkey despite having a ban on entry. It is also known as the “stubborn (unaccepted) passenger code.” The foreigner is banned from entering Turkey for 5 years.
Ç-141: The Ç-141 restriction code is applied to foreigners considered a threat to international security. This includes individuals involved with terrorist organizations or those engaged in terrorist activities. Entry to Turkey is prohibited for 5 years, and the entry is subject to the approval of the Ministry of the Interior.
Ç-149: The Ç-149 restriction code is applied when a foreigner is deemed a threat to public security. This code is applied when it is believed that foreigners use Turkey as a transit route to countries involved in terrorism or conflict zones. If the risk is confirmed, the border personnel apply this code, prohibiting the foreigner’s entry for 5 years.
Ç-150: The Ç-150 restriction code is imposed when a foreigner uses fraudulent documents for entry or exit to Turkey, or if they use someone else’s documents as their own. The foreigner is banned from entering Turkey for 5 years. However, if the foreigner can prove that the falsification occurred without their knowledge, the code may be lifted.
Ç-151: The Ç-151 restriction code is imposed on foreigners convicted of crimes related to human trafficking or migrant smuggling. A 5-year entry ban is imposed on these foreigners.
Ç-152: The Ç-152 restriction code is applied when a foreigner is preemptively banned from entering Turkey. The entry ban period is 1 year.
Ç-166: The Ç-166 restriction code is applied when a foreigner cannot justify a valid reason for entry or lacks sufficient financial means to support themselves during their stay in Turkey.
Ç-167: The Ç-167 restriction code is imposed when a foreigner violates a visa, visa exemption, work permit, or residence permit for a period between 3 months and 6 months. The foreigner’s entry is prohibited for 1 month.
Ç-179: The Ç-179 restriction code is applied to foreigners who are deported for engaging in organ or tissue trafficking. They are prohibited from entering Turkey for 5 years.
G Restriction Codes
G restriction codes are applied to foreign individuals who pose a threat to public security and order. These codes are used when an individual is involved in a crime. There is a separate restriction code for almost every type of crime. Based on these codes, deportation decisions can be made, and the individual’s entry into the country is prohibited.
G-26: The G-26 restriction code is applied to individuals suspected of being involved in or engaged in illegal organization activities. A foreign individual subject to this code is deported, and an entry ban is imposed. The duration of the entry ban is determined by the authorities based on the nature of the situation.
G-34: The G-34 restriction code is used for individuals found guilty or suspected of committing the crime of document forgery, whether public or private documents. Based on this code, the individual is deported and an entry ban is imposed.
G-42: The G-42 restriction code applies to individuals who have committed or are suspected of committing drug-related crimes, such as manufacturing, trafficking, or trading illegal drugs. A foreigner subject to this code is deported, and an entry ban is imposed.
G-43: The G-43 restriction code is applied to individuals suspected of or found guilty of committing smuggling crimes under the Turkish Penal Code. This code results in the foreigner’s deportation and entry ban.
G-48: The G-48 restriction code is applied to individuals found guilty of facilitating or providing a place for prostitution. The foreigner is deported, and an entry ban is imposed.
G-58: The G-58 restriction code applies to individuals convicted of or suspected of committing the crime of intentional or negligent homicide. The foreigner is deported, and an entry ban is imposed.
G-64: The G-64 restriction code is applied to individuals who have threatened one or more people. Based on this code, the individual can be deported, and their entry to the country is prohibited. If the code was applied without proper grounds, it may be challenged in court.
G-65: The G-65 restriction code applies to individuals convicted of theft under the Turkish Penal Code. The individual can be deported, and an entry ban is imposed.
G-66: The G-66 restriction code is applied to individuals convicted of robbery (extortion) under the Turkish Penal Code. The individual is deported, and an entry ban is applied.
G-67: The G-67 restriction code is applied to individuals suspected of or convicted of committing fraud. The foreigner is deported, and an entry ban is imposed.
G-78: The G-78 restriction code applies to foreigners with contagious diseases. The entry of such individuals is indefinitely prohibited. However, if a medical report proves they do not have the contagious disease, the code can be lifted. This code is often used in cases related to prostitution.
G-82: The G-82 restriction code is applied to individuals who have engaged in activities against national security. This code can also be applied to individuals suspected of threatening national security. The authorities have discretion in assessing the situation. This code results in deportation and an entry ban.
G-87: The G-87 restriction code is applied to individuals who pose a general security threat. If there is suspicion that an individual poses a danger to national security, this code can be applied. The situation is assessed by the authorities, who use data from the National Intelligence Organization (MIT) in their analysis. A foreigner subject to this code is deported, and an entry ban is imposed.
G-89: The G-89 restriction code is applied to individuals suspected of or convicted as terrorist fighters. Based on this code, the foreigner is deported, and an entry ban is imposed.
K Restriction Codes (Wanted for Smuggling)
K restriction codes are applied to foreign individuals wanted for committing smuggling crimes. These codes may prevent the individual from entering Turkey. Additionally, they can be used to prevent a foreigner already in the country from leaving. Thus, K restriction codes serve the purpose of capturing the foreign criminal.
M Restriction Codes
M restriction codes are applied to individuals for whom Interpol has issued a blue notice. An Interpol blue notice serves to gather more detailed information about a person regarding a crime. It aims to identify the individual or obtain more detailed data.
M-67: The M-67 code is applied to foreign individuals identified by Interpol as having committed fraud. If this code is applied, the individual’s entry to Turkey is conditional on obtaining prior permission from the Ministry of the Interior.
N Restriction Codes
N restriction codes are those that require prior permission for entry into Turkey. Foreign individuals subject to these codes must obtain permission from the Directorate General of Migration Management. In practice, these applications are often rejected. If rejected, N restriction codes result in an indefinite entry ban.
N-67: The N-67 restriction code is applied to foreign individuals wanted by the state for committing fraud. Entry to Turkey for individuals under this code is conditional on obtaining prior permission. If the fraud is international in nature, an M-67 code is applied instead.
N-82: The N-82 restriction code is applied to foreigners whose entry is subject to prior permission. The individual cannot enter the country without obtaining permission from the Directorate General of Migration Management. In practice, this permission is usually not granted, resulting in an indefinite entry ban.
N-95: The N-95 restriction code is applied to individuals who enter Turkey despite an existing entry ban. If the administrative fine for this illegal entry is not paid, the entry will be conditioned on obtaining prior permission. The Directorate of Migration or border personnel can apply this code, and permission must be obtained from the Directorate General of Migration Management.
N-96: The N-96 restriction code is applied to foreign individuals who have been issued a deportation order but fail to leave the country within 15 to 30 days. If the individual does not leave within the given period, this code is applied.
N-97: The N-97 restriction code is applied to foreign individuals who fail to comply with the obligation to report address changes or do not reside at the reported address. If the individual does not pay the administrative fine for this violation, the code is applied, and prior permission is required for entry.
N-99: The N-99 restriction code is applied to foreign individuals who have an Interpol or an Interpol member country-issued search bulletin against them. Entry to Turkey for these individuals is subject to prior permission. Additionally, this code may allow deportation of foreigners already in Turkey.
N-119: The N-119 restriction code is applied to foreign individuals who are working without authorization and have not paid the administrative fine for this violation. The code is applied by the Directorate of Migration.
N-120: The N-120 restriction code applies to foreigners who violate visa, visa exemption, work, or residence permit regulations and fail to pay the required fee and administrative fines. The border personnel apply this code.
N-135: The N-135 restriction code is applied to individuals who illegally enter or attempt to enter Turkey. They are subject to an administrative fine, and their entry is banned for two years under the C-113 code.
N-136: The N-136 restriction code is applied when a foreign individual fails to pay travel expenses upon leaving the country. If the individual lacks the means to pay, the state covers the expenses. However, for re-entry to Turkey, the individual must pay these expenses. This code does not directly result in deportation, and in practice, the C-136 restriction code may be used instead.
N-168: Under Article 102 of the Foreigners and International Protection Law, foreign individuals who evade administrative fines while under administrative supervision, in deportation centers, or during deportation procedures are subject to the N-168 restriction code.
N-169: The N-169 restriction code applies to foreigners who fail to comply with certain obligations set by the Ministry, resulting in an administrative fine. If the fine is not paid, this code is applied, and the individual’s entry to Turkey is subject to prior permission.
N-170: The N-170 restriction code is applied to foreigners who are subject to an administrative fine due to violations of laws such as those under the Misdemeanors Law or other related regulations.
N-171: The N-171 restriction code is applied to foreign individuals who have violated certain obligations, resulting in an administrative fine. This code restricts the individual’s entry to Turkey and requires prior permission.
N-172: The N-172 restriction code is applied to foreign individuals who, under international protection, voluntarily return to their country and fail to pay travel expenses. If these expenses are not paid, the foreign individual cannot re-enter Turkey.
O Restriction Codes
O-100: This code is applied to foreign nationals who voluntarily withdraw their international protection application. With this code, the individual is banned from entering Turkey for a period of 1 year. Additionally, if an asylum seeker is found not at the address they reported, this code is applied.
O-176: This code is applied when an international protection request is rejected by the authorities. It is issued when there is no need for international protection, the application is withdrawn, or the application is deemed inadmissible. With this code, the individual is banned from entering Turkey for 3 years.
O-177: This code is applied to foreigners whose international protection application was rejected or whose protection status has been revoked. It bans entry to Turkey for 5 years, although the code can be lifted through certain procedures.
V Restriction Codes
V-68: This code is applied when a foreigner’s residence permit requires approval from the Ministry of the Interior. Without this approval, no residence permit can be issued.
V-69: This code is issued when a foreigner’s residence permit is canceled, and they are prohibited from receiving a new residence permit for 5 years.
V-70: This code is applied to foreigners who engage in fraudulent marriages to gain citizenship through marriage to a Turkish citizen. The person’s residence permit is canceled, and they are banned from entering Turkey for 5 years. In some cases, this code may be applied even when the marriage is legitimate but deemed formal.
V-71: This code is applied to foreigners who fail to report or update their address as required when applying for a residence permit. If they cannot be found at the reported address, this code is applied, and their residence permit application is rejected. If the foreigner leaves the country voluntarily, no entry ban is applied.
V-74: This code is applied to foreigners residing in Turkey with international protection status, as their departure from the country is subject to permission. This code is applied in cases where the permission is improperly applied, and in such cases, it may be lifted.
V-77: This code is applied to individuals who apply for work or residence permits as an Ahiska Turk but are not actually Ahiska Turks. The application is rejected, and this code is applied.
V-84: This code applies to foreigners entering Turkey with a conditional entry arrangement requiring them to apply for a residence permit within 10 days. If they fail to do so, this code is applied. This system has been abolished as of June 9, 2020, so this code is no longer in use.
V-87: This code applies to foreigners with temporary protection status who voluntarily return to their home country. It is commonly used for Syrian nationals.
V-88: This code is applied to foreigners whose work permit has been invalidated. It may also be applied if they are fined or banned from entering the country.
V-89: This code applies to foreigners who entered Turkey illegally and were deported after being accepted by another country. This is considered a “re-admission.”
V-91: Similar to V-74, this code applies to foreigners with temporary protection status, and their departure from Turkey is subject to permission. It may also be lifted if applied improperly.
V-92: This code applies to foreigners who have made multiple applications for temporary protection. The most recent application is considered valid, while previous applications lose their validity.
V-137: This code is applied to foreigners who are invited to leave the country under the “invitation to leave” procedure after violating work or residence permit conditions. They are given 15 to 30 days to leave the country voluntarily.
V-144: This code is applied to foreigners who cannot be deported because they risk facing the death penalty, torture, or inhuman treatment in their home country or the country to which they are being deported. Instead, they are granted humanitarian residence permits.
V-145: This code is applied to foreigners who voluntarily return to their home country, ending their international protection status. A different code (V-87) applies to those with temporary protection status.
V-146: This code is applied to Turkish citizens whose passports have been marked due to judicial actions. Passport applications are also rejected for these individuals.
V-147: This code is applied to the spouses of Turkish citizens whose passports have been marked due to judicial actions (V-146 code). Their passport applications are also rejected.
V-148: This code is applied to foreigners residing in temporary protection centers and indicates that they are in such centers. If they leave, the code must be lifted.
V-153: This code applies to foreigners who are at risk of facing the death penalty, torture, or inhuman treatment if deported. In such cases, they are sent to a safe third country after a decision by the Constitutional Court.
V-154: This code is applied to foreigners who have filed a lawsuit to cancel a deportation decision. They cannot be deported until the case is resolved.
V-155: This code applies to foreigners who have applied to the European Court of Human Rights and received a measure decision. The application must be approved by the court before this code is applied.
V-156: This code applies to foreigners who fail to pay their legal fees when their case against the Directorate General of Migration Management is rejected or dismissed.
V-157: This code is applied when a foreigner’s residence permit application is rejected based on grounds specified in the Foreigners and International Protection Law.
V-158: This code applies to individuals working in foreign missions or their family members. If their identification card is canceled, this code is applied.
V-159: This code is applied to foreigners who transit through Turkey to another country. Since Turkey is a transit country, this code is frequently encountered but does not negatively impact the foreigner.
Y Restriction Codes
Y restriction codes are applied to individuals for whom Interpol has issued a Green Notice. The Green Notice is issued for persons suspected or convicted of crimes internationally, with the aim of alerting Interpol member countries and gathering information about these individuals.