The record entered against foreign nationals found to have worked in Türkiye without the requisite permit is designated Ç-117, while the record entered where the administrative fine imposed for that conduct is not paid is designated Ç-119. Both codes lead to the foreign national being removed from the country and made subject to a ban on re-entry for specified periods.
The legal tools available to the foreign national against these records are not few in number. Submitting a petition of objection to the administration, bringing an action for annulment before the administrative court, and entering the country on an annotated visa even while the entry ban remains in force are three separate routes resorted to in practice.
Below we address the scope of both codes, the consequences they give rise to, the procedure for their removal and the course to be followed against the deportation decision issued together with these records.
The Scope of the Ç-117 and Ç-119 Codes
Both records are connected with the fact of unauthorised work. A deportation decision is taken in respect of a foreign national found to have worked without a permit, the person may not enter the country for 1 year and also faces an administrative fine. Where the fine so determined is not paid, the second record, namely Ç-119, comes into play.
The Ç-117 Code
Ç-117 is a record created upon a finding that the foreign national has worked in Türkiye without holding a work permit. As a result of this code, a deportation decision is taken in respect of the foreign national, entry to the country is closed for 1 year and an administrative fine is imposed.
The Ç-119 Code
Ç-119, by contrast, is created where a foreign national on whom an administrative fine has been imposed for unauthorised work fails to pay that fine. On the basis of this record the foreign national is deported and is not permitted to enter the country for 5 years.
The Grounds on Which the Codes Are Entered
The ground for the Ç-117 record is the finding that the foreign national has worked without relying on any work permit. The Ç-119 record, on the other hand, is tied to a different fact: the non-payment by the foreign national of the administrative fine imposed for unauthorised work.
Routes to Be Followed to Have the Codes Removed
The Ç-117 and Ç-119 records are removed by lodging an objection with the administrative authority or by bringing an action for annulment before the administrative court. In addition, obtaining an annotated visa while the record remains in place is an independent option that allows the foreign national to enter the country.
Removal of the Records by Administrative Objection
The first route that may be chosen in order to have these codes deleted is an objection application. The application is addressed to the Presidency of Migration Management. The period for applying to the administration is 60 days, running from the day following the day on which the record, or the deportation decision taken on the basis of that record, was notified to the foreign national.
The application is made by petition, and the grounds of objection are set out in the petition. Where the foreign national holds documents capable of supporting the assertion, these too are expected to be annexed to the petition. In an objection directed against a Ç-117 record, the foreign national is required to establish that he or she did not work at all, or worked on the basis of a valid permit, that the permit period had not expired and that no work outside the scope of the permit was performed.
The administration receiving the objection has 30 days in which to decide. Where no reply is given within that period, or a reply of uncertain content is given, the application is deemed to have been refused and the way to court is opened to the foreign national. It is nevertheless also possible to bring an action for annulment directly, without going through the objection stage at all.
PLEASE NOTE: an objection addressed to the Presidency of Migration Management suspends the period for bringing an administrative action.
Removal of the Records by an Action for Annulment
An action for annulment may be brought before the administrative court in order to have the Ç-117 and Ç-119 records deleted. The period for bringing the action is 60 days running from the day following notification of the record to the foreign national.
It is possible to bring a direct action for annulment without applying to the administration at all. In that case the action must be brought within 60 days of the day following notification of the decision establishing the record. It should not be forgotten that where the direct court route is taken, no objection may thereafter be lodged with the Presidency of Migration Management.
An action may also be brought after an objection has been lodged with the administration. In that case, the time elapsed between notification of the record and the date on which the objection was made is deducted from the 60-day period; the remaining number of days is the period available for bringing the action. The reason for this is that an objection made to the administration suspends the period for bringing an administrative action.
By way of example, in a file where the objection was lodged on the 32nd day counting from the day following notification, 28 days remain in which to bring an action, running from the day following notification of the decision of refusal.
It is possible to bring an action against both records by a single petition. In that petition the foreign national asserts that he or she did not work, or, if work was performed, that it was based on a valid permit, and submits to the file the documents supporting that assertion. It is also possible to bring an action targeting the Ç-119 record alone.
A stay of execution may be requested in this action. If the request is granted, the effects of the record are suspended until the proceedings are concluded. The court’s ability to make such an order depends on damage that is difficult or impossible to remedy arising if the act is implemented, and on the act being found manifestly unlawful. The petition must establish that these conditions are satisfied in the particular case.
Detailed information on the subject may be obtained from our study entitled restriction codes for foreign nationals and the action for removal of the code, in which all the restriction codes entered by the administration are examined.
Entry to the Country on an Annotated Visa
A foreign national subject to an entry ban by reason of Ç-117 or Ç-119 may come to Türkiye on an annotated visa. That visa grants permission to enter the country even where the record and the entry ban have not yet been lifted.
The annotated visa is a visa type issued exceptionally by the administration in connection with various purposes such as family reunification, work, study, medical treatment and trade.
All the details of the subject are addressed in our study entitled what an annotated visa is and how it is obtained.
Removal of the Deportation Decision
A deportation decision may also be issued in respect of a foreign national for whom a Ç-117 or Ç-119 record has been created. In such a case the foreign national must bring an action for annulment against that decision within 7 days of its notification to him or her. The action is heard before the administrative court to which the governorship is attached.
It is important that the action be brought without delay following notification of the deportation decision. This is because the administration may, once it has completed the removal formalities, send the person out of the country without waiting for the 7-day period for bringing an action to expire.
In the action for annulment directed against the deportation decision, annulment of the record may be sought in addition to removal of the deportation order. If the court finds the request legally well founded, it will make an order of annulment in respect of both the deportation decision and the code.
Both the deletion of the record and the annulment of the deportation decision are processes involving numerous procedural steps. When these remedies are used, the periods prescribed by law must be observed scrupulously and the petitions must be prepared on sound legal reasoning. Otherwise the applications may be refused and the removal of the foreign national from the country becomes a live prospect. For this reason it is advisable to obtain support from a lawyer specialising in the field of immigration law.
Detailed information on the action for annulment to be brought against a deportation decision may be found in our study entitled how a deportation decision is lifted.
Objection Against an Administrative Detention Decision
Where a deportation decision is issued in respect of a foreign national, the person may be taken to a removal centre and placed under administrative detention. In this situation, the fact that an action for annulment has been brought against the deportation decision is not in itself sufficient; the person remains at the centre.
In order to leave the removal centre, a separate objection must be lodged against the administrative detention decision. The objection is addressed to the Criminal Judgeship of Peace of the place where the governorship that issued the decision is located, or of the place where the foreign national is held in detention.
All the details of the subject are examined in our study entitled objection against an administrative detention decision at a removal centre.
How Long Does Removal of the Records Take?
The time taken to obtain a result through an objection application averages between 1 and 3 months. An action for annulment brought to have the record deleted is concluded on average within 1 year.
Court Fees and Litigation Costs
The costs relating to the removal of Ç-117 and Ç-119 records stand on average at TRY 4,000 for 2023. That figure includes court fees, security and postal and service expenses.
The tariff in force as from 10.07.2023 is taken as the basis in calculating the costs payable in an action for removal of a record.
Court With Subject-Matter and Territorial Jurisdiction
The Ankara administrative courts have subject-matter and territorial jurisdiction in actions concerning the removal of a restriction record. In actions seeking annulment of deportation decisions taken on the basis of a code, the administrative courts in the province where the governorship that issued the deportation decision is located have territorial jurisdiction.
Conclusion
The removal of Ç-117 and Ç-119 records is a process combining numerous procedural steps. When the objection or annulment route is taken, the periods must not be missed and the petitions must be prepared with reasoned grounds. Otherwise the record may not be deleted, or the person may be removed from the country. In order to avoid such adverse outcomes, it is worth consulting a lawyer specialising in the field of immigration law.
Independent Legal Assessment
The successive nature of these two records creates a risk that is frequently overlooked in practice. Where the administrative fine imposed together with the Ç-117 record is not paid, the position worsens and the one-year entry bar rises to five years through Ç-119. At the first stage of the file, therefore, not only the lawfulness of the record but also the fate of the fine must be assessed.
Early construction of the file is also decisive in terms of the burden of proof. Where evidence such as the work permit document, insurance records or the employment contract to be produced against an allegation of unauthorised work enters the file at the objection stage, a result can be seen to be obtained without the need for proceedings.
In a specific file the following matters should be prioritised:
- Deciding from the outset whether the two records are to be made the subject of separate actions or of a single petition
- Checking whether the administrative fine has been paid and whether the payment documents have been added to the file
- Compiling in full the documents relating to the existence, duration and scope of the work permit
- Where a deportation decision has also been issued, diarising the 7-day period independently of the 60-day period applicable to the code
- Where administrative detention is in issue, lodging a separate objection with the criminal judgeship of peace
- Taking into account that where a direct action is brought, the route of objection to the administration will be closed
Independent Legal provides advisory services and litigation support in disputes concerning foreign nationals’ work permits and in application and litigation processes relating to restriction codes and deportation decisions.