Among the questions most frequently raised by foreign nationals who are refused entry to Türkiye, or against whom deportation proceedings have been opened, are the restriction codes recorded in the system and the means of having them lifted. The code itself is often an invisible obstacle: the foreign national discovers that a code lies in the background only when they are turned back at a border crossing, or when a residence permit application is refused without reasons.
The consequences produced by these codes are not uniform. Some are entered in a purely declaratory capacity, merely to place a fact on record, while others directly bring about an entry ban, a deportation decision or the annulment of existing permits. The letter and the number of the code are therefore the first data to be examined when establishing a foreign national’s legal position.
In this note we classify the restriction codes encountered in practice according to their letter groups and explain the basis and the consequence of each; we then examine how a code may be lifted by administrative application, by an action for annulment and through an annotated visa, the distinctive time limits governing an action brought against a deportation decision, and the procedure for objecting to an administrative detention order.
The Concept of a Restriction Code
A restriction code is an administrative recording system that serves to keep the entry to and exit from the country of foreign nationals under supervision. Through these records an entry ban may be applied to a foreign national, and it is equally possible for entry to be made conditional upon obtaining prior permission. Deportation decisions issued on grounds of the protection of public order, public security or public health are also, for the most part, administered through these codes.
The codes are grouped according to the purpose for which they are entered; each group is designated by a letter and each ground within a group by a number. The letter groups encountered most intensively in practice are Ç, G, N and V, although the system is not confined to these four.
The Purpose of Entering a Code
The entry of a restriction code against a foreign national rests upon the objective of protecting public order, public security and public health. The code is a marker indicating that the foreign national’s freedom to enter and leave the country has been restricted. In some cases this restriction takes the form of a complete bar on entry, and in others of a requirement that permission be obtained in advance. Certain codes, by contrast, have no prohibitive function; these are declaratory records intended solely to inform the relevant authorities.
Group Ç Restriction Codes
The codes in Group Ç rest on widely differing sets of facts. Some of the records in this group produce direct executory consequences, while others are merely declaratory in character. Since each code has its own conditions and consequences, the codes must be dealt with individually rather than assessed under a single heading.
Ç-101 (Breach of a visa, visa exemption, residence permit or work permit — three-month entry ban)
This is the first of the codes permitting an entry ban to be applied to foreign nationals who are in breach in respect of a visa, a visa exemption, a residence permit or a work permit. Entry of the code requires that the breach has continued for between 10 days and 3 months. Where that condition is met, the foreign national is barred from entering Türkiye for 3 months.
Ç-102 (Breaches of the same nature — six-month entry ban)
This code is entered where the foreign national has continued a breach of a visa, a visa exemption, a work permit or a residence permit for between 3 months (inclusive) and 6 months (exclusive). Its consequence is a bar on entry to the country for 6 months. In breaches of this nature an administrative fine is also imposed on the foreign national and a deportation decision is issued.
Ç-103 (Breaches of the same nature — one-year entry ban)
This code comes into play where the duration of the breach is at least 6 months (inclusive) and at most 1 year (exclusive). Upon entry of the code, entry to the country is closed to the foreign national for 1 year. If the foreign national is still within Turkish territory, they are deported as soon as possible.
Ç-104 (Breaches of the same nature — two-year entry ban)
This is the code applied in files where the breach has continued for between 1 year (inclusive) and 2 years (exclusive). The foreign national is barred from entry for 2 years; in addition, deportation arises for consideration.
Ç-105 (Breaches of the same nature — five-year entry ban)
This is the code producing the most severe consequence within the group. It is entered where a breach of a visa, a visa exemption, a work permit or a residence permit has continued for longer than 2 years (inclusive), and the foreign national is barred from entering Türkiye for 5 years.
As will be seen, codes Ç-101, Ç-102, Ç-103, Ç-104 and Ç-105 rest on the same legal facts; the only distinction between them lies in the duration of the breach. The longer the breach has continued, the longer the entry ban attached to it. A comparative examination of these five codes appears in a separate note entitled restriction codes Ç-101, Ç-102, Ç-103, Ç-104 and Ç-105.
Ç-113 (Unlawful entry or exit)
This is the administrative code entered where it is established, or a suspicion arises, that entry to or exit from the country has been effected by unlawful means. A foreign national bearing this record may not enter Türkiye for 2 years.
It is one of the codes most frequently encountered in practice. The deportation of foreign nationals arriving in Türkiye by irregular means from Central Asian countries such as Turkmenistan and Afghanistan, and from African countries, is for the most part administered through this code. The subject is dealt with in detail in the note entitled restriction code Ç-113.
Ç-114 (Foreign nationals subject to criminal proceedings)
This code is entered in respect of foreign nationals against whom criminal proceedings have been commenced on an allegation of involvement in an offence. In connection with the incident in question, the foreign national’s visa, work permit and residence permit are annulled and the person is removed from the country. A foreign national deported in this manner is subject to an entry ban of 2 years. A detailed examination of the code is to be found in the note entitled restriction code Ç-114.
Ç-115 (Foreign nationals released from prison)
This is the administrative code entered in respect of foreign nationals who have been held in prison for an offence and are subsequently released. Following release, a deportation decision is taken against the foreign national and, with the entry of this code, re-entry to the country is closed for 2 years. Where, by contrast, the proceedings have ended in acquittal, the code is not entered.
Ç-116 (Persons deriving a livelihood by unlawful means)
This code is entered by the provincial directorates of migration management in respect of foreign nationals assessed as deriving their livelihood by illegitimate means; in practice it is also referred to as the prostitution code. Its consequence is that the foreign national is unable to enter the country for 5 years. If the illegitimate activity in question also constitutes an offence, a code from Group G or Group N may additionally be entered against the foreign national. Details appear in the note entitled restriction code Ç-116.
Ç-117 (Persons working without a permit)
This is the code entered by the Presidency of Migration Management in respect of foreign nationals found to be working unlawfully in Türkiye. The purpose of the code is the deportation of the foreign national concerned and the application of a one-year entry ban. The subject is assessed jointly in the note entitled restriction codes Ç-117 and Ç-119.
Ç-118 (Communicable disease posing a danger to public health)
This code is entered in respect of foreign nationals suffering from a communicable disease that carries a risk to public health. Entry of the code depends on a medical report. A foreign national found to have such a disease is deported and barred from entering the country for 5 years. The authority competent to enter the code is the Presidency of Migration Management.
Ç-119 (Failure by unlawfully employed persons to pay the administrative fine)
An administrative fine is imposed on a foreign national found to be working without a permit in Türkiye and a deportation decision is issued. Code Ç-119 is entered in respect of foreign nationals who fail to pay that fine at the deportation stage. The consequence of the code is that the foreign national is barred from entering the country for 5 years.
Ç-120 (Failure to pay the fine arising from a visa or residence breach)
This is the code entered where administrative fines imposed for breaches of a visa or a residence permit remain unpaid. A deportation decision is taken against the foreign national in breach; before removal from the country, the person is expected to pay the administrative fine imposed on them. Where no payment is made, this code is entered and entry is barred for 5 years.
Ç-135 (Breach of the Law on Foreigners and International Protection)
Article 102 of the Law on Foreigners and International Protection No. 6458 governs the cases in which administrative fines are to be imposed on foreign nationals. Where fines imposed on the basis of that article remain unpaid, code Ç-135 is entered. The code bars the foreign national from entering Türkiye for 5 years.
Ç-136 (Persons who do not pay travel costs)
This is the code entered in respect of foreign nationals who do not meet their travel costs on leaving the country. Where the foreign national lacks the financial means to pay these costs, they are borne by the treasury. However, the foreign national’s ability to re-enter Türkiye is conditional upon payment of those costs; for as long as no payment is made, entry cannot take place because of this code.
Ç-137 (Foreign nationals invited to leave)
This is the code entered where a foreign national subject to the invitation-to-leave procedure fails to leave the country. Under that procedure the foreign national is allowed a period of between 15 and 30 days and is asked to leave the country of their own volition within that period. Code Ç-137 is entered in respect of a foreign national who does not depart within the period allowed, and entry is barred for 5 years.
Ç-138 (Inadmissible passenger)
This code is entered in respect of foreign nationals who attempt to enter Türkiye despite an entry ban imposed on them. Because entry is persistently attempted in defiance of the ban, it is referred to in practice as the “inadmissible passenger code”. Its consequence is an entry ban of 5 years. Details appear in the note entitled restriction code Ç-138.
Ç-141 (Persons regarded as objectionable in terms of international security)
This is the code entered in respect of foreign nationals assessed as objectionable from the standpoint of international security. It is applied to persons connected with terrorist organisations or involved in terrorist activities.
Persons sought by Interpol on those grounds are likewise regarded as constituting a threat to international security. Such persons are barred from entering the country for 5 years. Once the code has been entered, the foreign national’s ability to enter Türkiye is conditional upon the permission of the Ministry of the Interior. The subject is set out in detail in the note entitled restriction code Ç-141.
Ç-149 (Persons regarded as objectionable in terms of public security)
This is one of the administrative codes that bar foreign nationals from entering the country on public security grounds. A foreign national bearing this record may not enter Türkiye for 5 years.
In practice, certain foreign nationals are seen to use Türkiye as a transit route in order to reach places known as conflict zones where terrorist activities are conducted. That assessment is made by the Risk Analysis Units; where such a conclusion is reached, code Ç-149 is entered by border personnel. The details of the code are examined in the note entitled restriction code Ç-149.
Ç-150 (Attempted entry with a forged document)
This code is entered where a foreign national has irregularly drawn up documents belonging to them and used those documents when entering or leaving the country. Presenting documents belonging to another person as one’s own produces the same result. The consequence of the code is an entry ban of 5 years. Nevertheless, if the foreign national can prove that the forgery occurred without their knowledge, the code may be lifted.
Ç-151 (Migrant smuggling and human trafficking)
This code is entered in respect of foreign nationals convicted of one or both of the offences of migrant smuggling and human trafficking. The code bars the foreign national from entering Türkiye; the period of the bar is 5 years.
Ç-152 (Foreign nationals barred from entry as a precaution)
This is the code applied where a foreign national’s entry to the country is barred by way of precaution against every eventuality. The duration of the entry ban is 1 year. Details appear in the note entitled restriction code Ç-152.
Ç-166 (Persons unable to base their entry on a justified ground and persons lacking financial means)
A foreign national is required to have a justified ground for entering Türkiye and to possess sufficient economic means to support themselves throughout their stay in the country. Code Ç-166 is entered where one of these two conditions is not met, that is to say where entry cannot be based on a justified ground or where sufficient financial means for the period of stay cannot be demonstrated.
Ç-167 (One-month entry bar for a breach of three to six months)
This code is applied where a breach of a visa, a visa exemption, a work permit or a residence permit has continued for between 3 and 6 months and the foreign national has been barred from entry for 1 month. The point on which the code differs from Ç-102 concerns the administrative fine: where the foreign national has paid the administrative fine of their own volition at the border crossing or at the provincial directorates, code Ç-167 is entered in place of Ç-102.
Ç-179 (Trade in organs or tissue)
This is the administrative code issued in respect of foreign nationals deported on the ground that they have engaged in the trade in organs or tissue. For as long as this record subsists, the foreign national may not enter Türkiye for 5 years.
Group G Restriction Codes
The codes in Group G are entered in respect of foreign nationals who endanger general security and public order, and typically arise where the foreign national has become involved in an offence. A separate code is provided for almost every type of offence. On the basis of these codes a deportation decision may be taken against the foreign national, who is additionally barred from entering the country.
G-26 (Activity in an unlawful organisation)
This code is entered in respect of persons found to have participated in the activities of an unlawful organisation, or who give rise to suspicion to that effect. A foreign national against whom the code is entered is deported and made subject to an entry ban. The duration of the ban is not fixed by statute and is determined by the administration according to the features of the particular case. The subject is separately addressed in the note entitled restriction code G-26.
G-34 (Forgery of documents)
This code is entered in respect of foreign nationals found, or suspected, to have committed the offence of forgery of documents, without distinction between official and private documents. On the basis of this record the foreign national is removed from the country and an entry ban decision is issued against them.
G-42 (Narcotic drug offences)
This is the code entered against a foreign national on the ground that they have committed one or more of the narcotic drug offences. The manufacture, transport or trafficking of narcotic drugs are typical acts falling within this scope. A foreign national against whom the code is entered is deported and made subject to an entry ban.
G-43 (Smuggling offences)
This code is entered in respect of foreign nationals found to have committed, or suspected of having committed, the act defined as the offence of smuggling in the Turkish Penal Code No. 5237. The consequence of the code is the removal of the foreign national from the country and a bar on entry to the country.
G-48 (Facilitating prostitution and providing premises)
This code is entered in respect of persons found, or suspected, to have facilitated the commission of the offence of prostitution or to have provided premises for its commission. The code results in the deportation of the foreign national; an entry ban is additionally entered to prevent their return to the country.
G-58 (Homicide offences)
This is the administrative code entered in respect of foreign nationals who have committed the offence of intentional or negligent homicide, or who are suspected of having committed one of those offences. On the basis of the record the foreign national is removed from the country; their return to Türkiye is additionally barred by an entry ban decision.
G-64 (Threat)
This is the administrative code issued in respect of a foreign national who threatens one or more persons. On the basis of this record the foreign national may be deported; the code also bars entry to the country. A G-64 record entered without foundation may be lifted by way of an action for annulment.
G-65 (Theft)
This code is entered in respect of foreign nationals found to have committed, or suspected of having committed, the offence of theft as defined in the Turkish Penal Code No. 5237. Deportation proceedings may be conducted on the basis of the record; the code also gives rise to an entry ban.
G-66 (Robbery — aggravated robbery)
This is the code entered in respect of persons found to have committed, or suspected of having committed, the offence of robbery as governed by the Turkish Penal Code No. 5237. The code permits the deportation of the foreign national; entry to the country is likewise barred by the entry ban entered in consequence.
G-67 (Fraud)
This code is entered in respect of foreign nationals definitively found to have committed the offence of fraud, or in respect of whom there is a suspicion that they have committed that offence. The code secures the removal of the foreign national from the country; their return to Türkiye is additionally prevented by the entry ban entered.
G-78 (Foreign nationals carrying a communicable disease)
This is the code entered in respect of foreign nationals suffering from a communicable disease. This record bars entry for an indefinite period. Nevertheless, if a hospital report establishes that the disease is not present, the code is lifted. The code is seen to be applied in particular in cases involving prostitution.
G-82 (Activity against national security)
This code is entered in respect of foreign nationals found to have acted against national security. It may also be applied to foreign nationals who are merely suspected of posing a threat to national security; the administration enjoys a discretionary power in making that assessment. The code serves to secure the deportation of the foreign national and to bar their entry to the country. Details appear in the note entitled restriction code G-82.
G-87 (Persons posing a danger to general security)
This is the code entered in respect of foreign nationals assessed as posing a danger to general security. The mere existence of a suspicion on the part of the administration that the person poses a danger may be regarded as sufficient for entry of the code. The discretionary power belongs to the Presidency of Migration Management, the authority that enters the code.
In determining whether the foreign national endangers the general security of the country, the Presidency also draws on data from the National Intelligence Organisation. A foreign national against whom this record is entered is deported and made subject to an entry ban. A detailed examination of the subject is to be found in the note entitled restriction code G-87.
G-89 (Persons assessed as foreign terrorist fighters)
This code is entered in respect of foreign nationals found to be terrorist fighters, or suspected of being such. On the basis of the record the deportation of the foreign national arises; an entry ban to the country is additionally applied to them. Details are dealt with in the note entitled restriction code G-89.
Group K Restriction Codes (Persons Sought for Smuggling)
The codes in Group K are entered in respect of foreign nationals sought on the ground that they have committed the offence of smuggling. The code may bar the foreign national from entering Türkiye and may equally be used to prevent a foreign national still in the country from leaving it. In that respect the K codes serve a function directed at the apprehension of the foreign national sought.
Group M Restriction Codes
The codes in Group M are entered in respect of persons for whom Interpol has issued a blue notice. A blue notice is directed at gathering more detailed information about a person in connection with an offence; the aim is to establish the person’s identity or to obtain more comprehensive data concerning them.
M-67 (Interpol — fraud)
This is the code entered by the Presidency of Migration Management in respect of foreign nationals found by Interpol to have committed the offence of fraud. The entry to Türkiye of a foreign national bearing this record is made conditional upon prior permission; that permission is obtained from the Ministry of the Interior. Details appear in the note entitled Interpol fraud restriction code M-67.
Group N Restriction Codes
The codes that make entry to the country conditional upon prior permission are gathered in Group N. Foreign nationals bearing this record must obtain entry permission from the Presidency of Migration Management in order to come to Türkiye. In practice, however, these permission requests are for the most part refused. Where refused, the N codes amount in fact to an indefinite entry ban so far as the foreign national is concerned.
N-67 (Fraud)
This is the code entered in respect of foreign nationals sought by the State for the offence of fraud. The record makes the entry to Türkiye of the foreign national sought conditional upon prior permission. Where the offence carries an international dimension, code M-67 is applied in place of N-67.
N-82 (Prior permission code)
This code is entered in respect of foreign nationals subject to a prior permission requirement. The code indicates that the person’s entry to the country is subject to permission and that entry cannot take place unless permission is obtained. The foreign national’s ability to come to Türkiye depends on obtaining permission from the Presidency of Migration Management; since that permission is generally not granted in practice, the code produces the practical result of an indefinite entry ban.
N-95 (Fine arising from breach of an entry ban)
An administrative fine is imposed on persons who enter or attempt to enter Türkiye despite an entry ban imposed on them. Where that fine remains unpaid, code N-95 is entered and the foreign national’s entry is made conditional upon prior permission. The power to enter the code belongs to the provincial directorate of migration management and to border personnel; permission is obtained from the Presidency of Migration Management.
N-96 (Fine for failure to leave within the period allowed)
The invitation-to-leave procedure may be applied to foreign nationals against whom a deportation decision has been issued. Under that procedure the foreign national is allowed a period of not less than 15 and not more than 30 days and is asked to leave the country within that period. Code N-96 is entered in respect of a foreign national who does not leave Türkiye within the period allowed.
N-97 (Fine relating to the declaration of address)
Foreign nationals are under an obligation to declare their address correctly and to notify changes of address. An administrative fine is imposed on those who fail to comply with that obligation. Code N-97 is entered where a foreign national who has acted contrary to that obligation, or who is found not to be present at the address declared, fails to pay the fine imposed. The code is entered by the provincial directorate of migration management and gives rise to a prior permission requirement.
N-99 (Interpol code)
This code is entered in respect of foreign nationals for whom a wanted notice has been issued by Interpol or by a country that is a member of Interpol. The record makes entry to the country conditional upon prior permission. It is also possible, on the basis of this code, for a foreign national still present in Türkiye to be deported. Details appear in the note entitled restriction code N-99.
N-119 (Fine for working without a permit)
An administrative fine is imposed on foreign nationals who work without any permit. Code N-119 is entered by the provincial directorate of migration management in respect of foreign nationals who do not pay that fine.
N-120 (Fine for breach of a visa, residence permit and work permit)
Foreign nationals in breach of a visa, a visa exemption, a work permit or a residence permit are required to pay an additional amount equal to the fee prescribed for those permits; an administrative fine is also imposed on them. Where that fee and fine remain unpaid, code N-120 is entered. The code is entered by border crossing personnel.
N-135 (Fine for unlawful entry or attempted entry)
This is the code entered in order to record that an administrative fine has been imposed on persons who enter or attempt to enter Türkiye by unlawful means. In addition, code Ç-113 is entered in respect of foreign nationals who enter or leave the country by unlawful means, barring their entry for 2 years.
N-136 (Deportation travel costs)
This is the declaratory administrative code entered where a foreign national does not pay their travel costs on leaving the country. If the foreign national lacks the means to meet those costs, they are borne by the treasury; the foreign national must, however, pay that sum in order to re-enter Türkiye.
In practice this code does not lead to a deportation decision. Cases are also encountered in which code Ç-136 is entered in place of N-136 on the same set of facts.
N-168 (Fine for breach of subparagraph (ç) of Article 102)
Article 102 of the Law on Foreigners and International Protection No. 6458 governs the cases in which administrative fines are to be imposed. Under subparagraph (ç) of that article, an administrative fine is imposed on foreign nationals who abscond in the following circumstances:
- while held in administrative detention pursuant to a deportation decision,
- while held at a removal centre,
- during the execution of a deportation decision.
Code N-168 is entered in respect of foreign nationals who do not comply with that sanction decision.
N-169 (Fine for failure to comply with administrative obligations set by the Ministry)
The Ministry may impose a number of obligations with which foreign nationals must comply. An administrative fine is imposed on foreign nationals who act contrary to those obligations; code N-169 is entered in respect of those who do not pay the fine. The record makes the person’s entry to Türkiye conditional upon prior permission.
N-170 (Fine arising under the Misdemeanours Act and other statutes)
Administrative fines may be imposed on foreign nationals on account of the misdemeanours governed by the Misdemeanours Act or on grounds prescribed in other statutes. Fines of this nature give rise to the entry of code N-170.
N-171 (Fine arising from failure to perform obligations)
There are a number of rules with which foreign nationals are obliged to comply. Where those rules are not complied with, an administrative fine arises. Code N-171 is entered in respect of foreign nationals made subject to an administrative fine on the ground that they have not performed their obligations.
N-172 (Travel costs relating to voluntary return)
Foreign nationals within the scope of international protection may return to their countries of their own volition; in that event the international protection they enjoy comes to an end. Foreign nationals leaving Türkiye within the scope of voluntary return must pay their travel costs. Code N-172 is entered where those costs remain unpaid.
Group O Restriction Codes
The codes in Group O are connected with the international protection process. They are entered in particular where an application for protection has been refused. The withdrawal by a foreign national of their protection request of their own volition also requires the entry of a code from this group. These situations are addressed by different codes.
O-100 (Applicant who voluntarily withdraws a protection application or whose whereabouts are unknown)
This code is entered in respect of foreign nationals who, having made an application for international protection, subsequently withdraw that request of their own volition. The record bars the foreign national from entering Türkiye for 1 year. The same code is also entered where persons who have come to Türkiye as asylum seekers are not present at the address they have declared.
O-176 (Unsuccessful protection requests — three years)
This is the code entered where the international protection sought by a foreign national is refused by the administration. The fact that the foreign national is not in need of international protection, that the application has been withdrawn or that the application is regarded as inadmissible leads to the entry of this code. The record bars the person from entering Türkiye for 3 years.
O-177 (Unsuccessful protection requests — five years)
This code is entered in respect of foreign nationals whose application for international protection has been refused or whose protection, once granted, has subsequently been annulled. With the code, the foreign national is barred from entering Türkiye for 5 years. It is nevertheless possible to have the code lifted by recourse to various legal remedies.
Group V Restriction Codes
V-68 (Residence permit subject to Ministerial permission)
This is the administrative code entered where the residence permits applied for by a foreign national are made subject to the permission of the ministry. A person bearing this record is not granted a residence permit unless permission is obtained from the ministry. The ministry here is the Ministry of the Interior.
V-69 (Persons whose residence permit has been annulled)
This is the code entered in respect of foreign nationals whose residence permit has been annulled. The record has the consequence that no fresh residence permit is granted to the foreign national for 5 years. Details appear in the note entitled restriction code V-69.
V-70 (Marriage of convenience)
This code is entered in respect of foreign nationals assessed as having contracted a marriage of convenience for the purpose of acquiring citizenship through marriage to a Turkish citizen. The residence permit of a foreign national bearing this record is annulled and an entry ban of 5 years is applied to them.
Code V-70 is at times seen to be entered without sufficient foundation. Files are encountered in which the code has been entered on the ground that the union is a formality, notwithstanding the existence of a genuine marital relationship. The subject is dealt with in the note entitled restriction code V-70.
V-71 (Foreign nationals who do not notify a change of address or who make declarations contrary to the truth)
Foreign nationals are obliged to declare their address correctly, particularly when applying for a residence permit. Any change of address must likewise be notified. Code V-71 is issued in respect of foreign nationals who act contrary to those obligations.
The declaration of address must be completed within 20 days at most of the date on which the residence permit application is made. Law enforcement officers check whether the person is present at the address declared; where it is established that they are not present at that address, code V-71 is entered. In that event the residence permit application is also refused and an entry ban decision is issued against the foreign national.
Where the foreign national has left the country of their own volition, no entry ban is applied. Details appear in the note entitled restriction code V-71.
V-74 (Foreign nationals whose departure is to be notified to the Ministry or to the governorships)
The departure from the country of foreign nationals residing in Türkiye with international protection status is subject to permission. Code V-74 is entered in respect of a foreign national in this and similar situations where departure from the country is subject to permission. Cases are also encountered in which this code has been entered irregularly, and in such cases the record must be lifted.
V-77 (Persons who apply although they are not Meskhetian Turks)
Meskhetian Turks may apply for the work or residence permits recognised specifically for persons of Turkish descent. The acceptance of the application, however, depends on the person genuinely being a Meskhetian Turk; otherwise the request is refused. Code V-77 is entered in respect of persons who make such an application although they are not Meskhetian Turks.
V-84 (Persons entering on condition of obtaining a residence permit within ten days)
This is the code applied to foreign nationals who enter Türkiye subject to the condition that they obtain a residence permit within ten days. The code is entered where a foreign national who has entered the country on that condition does not make a residence permit application.
The practice of permitting entry to the country for the purpose of obtaining a residence permit is known as conditional entry. Since that system was discontinued as of 9 June 2020, however, the code has no field of application today.
V-87 (Temporary protection holder making a voluntary return)
Persons present in Türkiye with temporary protection status may return to their countries of their own volition; this is termed voluntary return. Code V-87 is entered where foreign nationals with temporary protection status voluntarily return to their countries. In practice it is seen for the most part in respect of Syrian nationals.
V-88 (Foreign nationals whose work permit has been invalidated)
Code V-88 is entered in respect of foreign nationals whose work permit has been invalidated. In addition, the imposition of an administrative fine on the foreign national, or a bar on their entry to the country, may also arise.
V-89 (Foreign nationals whose readmission has been secured)
A deportation decision is issued in respect of foreign nationals who enter Türkiye by unlawful means. The acceptance by another country of a foreign national present in the country in this manner is characterised as readmission. Code V-89 is entered in respect of foreign nationals whose readmission has been secured.
V-91 (Foreign nationals under temporary protection whose departure is subject to permission)
The departure from the country of foreign nationals residing in Türkiye with temporary protection status is subject to permission. Code V-91 is entered in respect of a foreign national in cases of this kind where departure from the country is subject to permission. Irregular practices may also be encountered in relation to this record, and in such cases the code must be lifted.
V-92 (Foreign nationals under temporary protection with a duplicate record)
This is the code entered in respect of foreign nationals who have requested temporary protection more than once. In that event the most recent application retains its validity, while the earlier applications lose theirs.
V-137 (Persons invited to leave Türkiye)
In cases of breach of a work permit or residence permit, foreign nationals must be removed from the country; in such cases the invitation-to-leave procedure is applied. Under that procedure the foreign national is allowed a period of not less than 15 and not more than 30 days and is asked to leave the country of their own volition. Code V-137 is entered in respect of a foreign national subject to an invitation to leave, for reasons such as monitoring whether they have left the country.
V-144 (Persons released within the scope of 57-A)
Where, if the foreign national were deported, there is a possibility of their being subjected to the death penalty, to torture or to inhuman treatment in their own country or in any country to which they would be sent, no deportation decision is issued. In such cases a humanitarian residence permit is issued in the foreign national’s name and code V-144 is entered in respect of them.
V-145 (Voluntary return)
This is the code entered in respect of foreign nationals within the scope of international protection who return to their country of their own volition. With the foreign national’s return to their country, the international protection granted to them comes to an end. In the case of foreign nationals who make a voluntary return to their country while under temporary protection, code V-87 is applied.
V-146 (Turkish passport bearing an annotation)
An annotation is placed on the passports of Turkish citizens subject to criminal proceedings. Code V-146 is entered in respect of Turkish citizens whose passports bear that annotation. In practice, the passport applications of Turkish citizens who have been subject to criminal proceedings are also seen to be refused.
V-147 (Spouse of a Turkish citizen whose passport bears an annotation)
Code V-147 is entered in respect of the spouse of a Turkish citizen to whom code V-146 has been applied by the placing of a criminal proceedings annotation on their passport. As with V-146, passport applications are refused under this code as well. Where those codes are lifted, no obstacle remains in relation to departure abroad.
V-148 (Persons accommodated in a temporary accommodation centre)
Temporary protection centres operate for foreign nationals who have been compelled to leave their country and have no possibility of returning. Code V-148 is entered in respect of foreign nationals present in those centres. The purpose of the code is to record that the foreign national is present at a temporary accommodation centre. Where the person leaves the centre, the record must be lifted.
V-153 (Constitutional Court interim measure concerning a third country)
Where deportation of a foreign national to their own country carries a risk to their physical integrity, such as the death penalty or torture, the person is sent to a safe third country. In that framework, where an application to the Constitutional Court requesting an interim measure is accepted, code V-153 is entered in respect of the foreign national.
V-154 (Application to the administrative court against a deportation decision)
Where a deportation decision is issued in respect of a foreign national, that decision may be set aside by way of an action for annulment. The institution that issued the decision is also notified that the action has been brought; upon that notification the foreign national may not be deported until the action has been concluded. Code V-154 is the record entered in respect of foreign nationals who bring an action for annulment against a deportation decision.
V-155 (European Court of Human Rights interim measure)
Code V-155 is entered where a foreign national applies to the European Court of Human Rights on account of a measure to which they have been subjected in Türkiye and the Court grants an interim measure in their favour. For this, the request for an interim measure must have been approved by the ECtHR.
V-156 (Lawyer’s fees)
Foreign nationals may request the assistance of a lawyer in actions they bring against the Presidency of Migration Management. Where the action is dismissed or discontinued, the lawyer’s fee must be paid by the foreign national. The record entered in respect of a foreign national where that fee remains unpaid is code V-156.
V-157 (Persons whose residence permit request has been refused)
Code V-157 is entered in respect of foreign nationals whose residence permit application has been refused on the grounds prescribed in the Law on Foreigners and International Protection No. 6458.
V-158 (Annulment of the identity card of foreign mission staff or of a family member)
For this code to be applied, the person must be serving at a foreign diplomatic mission or must be one of the family members of a person so serving. Code V-158 is entered where the identity cards of those working at the missions, or of their family members, are annulled.
V-159 (Persons coming to Türkiye in order to travel on to a third country)
Code V-159, which is among the codes of an informative character, is entered in respect of foreign nationals who will travel on to another country via Türkiye. It is a record frequently encountered in practice because of Türkiye’s position as a country of transit, and it produces no adverse consequence for the foreign national.
Group Y Restriction Codes
The codes in Group Y are entered in respect of persons for whom Interpol has issued a green notice. A green notice is published in respect of persons suspected of, or guilty of, offences at the international level. The purpose of the notice is to warn Interpol member countries about the person concerned or to gather information relating to them.
How Is a Restriction Code Lifted?
Restriction codes entered in respect of foreign nationals may be lifted by an application to the administration and by an action for annulment. Alongside these, the annotated visa is a separate means of opening the way to the foreign national’s entry to the country. In files where a deportation decision has been issued together with the code, the lifting of the code may be sought within the action directed at setting aside the deportation decision.
Restriction codes do not produce a single consequence; they give rise to a succession of adverse results such as the annulment of a work or residence permit, the annulment of a visa, deportation and a bar on entry to the country. Errors of substance or of procedure in the available remedies may lead to the withdrawal of the permits the foreign national holds. It is therefore appropriate for the process to be conducted with the assistance of a lawyer experienced in the field.
The Administrative Application Route
The first route available for having a code lifted is an administrative application. The objection to the administration is made by a reasoned petition within 60 days from the day following the date on which the code was entered. The authority to which the application is to be addressed is the Presidency of Migration Management.
The Presidency must respond to the request within 30 days. If no reply is given within that period, the request is deemed to have been refused. The application suspends the time limit for bringing an action; following the reply, the period resumes from where it left off. That is to say, where the request is refused or deemed refused, an action for annulment may be brought within the time remaining from the 60-day period for bringing administrative proceedings.
For example, a foreign national who applies to the administration on the 25th day of the 60-day period for bringing an action must bring the action for annulment within 35 days from the day following the reply. Where that period is missed, the right to bring an action is extinguished.
Action for Annulment and Lifting of the Entry Ban
The second route for having the code and the associated entry ban lifted is an action for annulment. This action may be brought directly, without any application to the administration, or after an administrative application. The time limit for bringing the action is 60 days from notification of the decision. An appeal may be brought against the decision of the first instance court within 30 days beginning from the day following its notification.
Actions for annulment brought with a view to lifting a restriction code do not of themselves suspend execution. For execution to be stayed, it must be likely that damage that is difficult or impossible to make good will arise if the code continues to be applied. Where that matter is proved and a stay of execution is requested from the court, the court will so order.
The Annotated Visa
A further route enabling foreign nationals to enter the country is the annotated visa. By this means, a foreign national subject to an entry ban decision is enabled to come to Türkiye. An annotated visa is not, however, granted in every file; in particular, this possibility is not afforded to foreign nationals assessed as posing a risk in terms of national security and public order.
An annotated visa may be granted in various forms, such as a family reunification visa, a student visa, a commercial visa or a medical treatment visa. Their issue depends on the conditions prescribed for the type of visa requested being met; the conditions are laid down separately for each type of visa. Details on the subject appear in the note entitled what an annotated visa is and how it is obtained.
Action for Annulment Against a Deportation Decision
A foreign national may bring an action for annulment against a deportation decision issued in respect of them within 7 days of notification. Throughout that seven-day period, however, the foreign national may be deported at any moment; the action must therefore be brought as soon as possible.
The court concludes actions of this kind within approximately 3 to 4 months. The decision given by the first instance court is final; that is to say, no appeal or appeal on points of law may be brought against it.
In an action for annulment brought against a deportation decision, the restriction code may also be lifted, provided that this has additionally been requested from the court. The deportation decision and the code are thus determined together in the same proceedings. Where no such request is made, the setting aside of the deportation decision does not have the consequence that the restriction code falls away of its own accord. Details of the subject are dealt with in the note entitled how a deportation order is set aside.
In actions for the annulment of a deportation decision, deportation proceedings are suspended once the action is brought. Depending on the outcome of the proceedings, either the process is completed and the foreign national is sent to their country, or the deportation decision is set aside. A foreign national held at a removal centre is not, however, released on the basis of a stay of execution; for that, the administrative detention order must additionally be challenged.
Objection to an Administrative Detention Order
Foreign nationals held at removal centres pending deportation may object to the administrative detention order with a view to being released while the action for the annulment of the deportation decision is pending. The objection is addressed to the magistrate’s court in criminal matters that issued the deportation decision. The foreign national may object to that decision for as long as they are held in administrative detention. The decision given by the magistrate’s court in criminal matters on this matter is final.
The objection procedure, the conditions of application, the time limit and further details on the subject appear in the note entitled objection to an administrative detention order at a removal centre.
How Long Does It Take to Lift a Restriction Code?
Completion of the process takes approximately 1 year. Factors such as an objection made to the competent authority, the workload of the courts and recourse to appeal may extend that period.
Court Fees and Litigation Costs
In actions directed at lifting a restriction code, the fees and costs are of the order of TRY 4,000. These amounts are republished periodically by the competent authorities, and the current fee and cost items relating to actions for annulment were determined so as to take effect from 10 July 2023.
Courts with Subject-Matter and Territorial Jurisdiction
The courts with subject-matter and territorial jurisdiction to lift a restriction code are the Ankara administrative courts. In actions for the annulment of a deportation decision, jurisdiction belongs to the administrative courts of the place where the governorship that issued the decision is situated.
Conclusion
The existence of restriction codes may lead to a serious loss of rights for foreign nationals. Foremost among these are deportation and a bar on entry to the country. Nor are the consequences limited to these; it is also possible for various permits held by the foreign national, such as residence and work permits, to be annulled on the basis of the code. In order for these adverse consequences to be averted, the process must be conducted with legal support.
Independent Legal Assessment
The error most frequently encountered in practice is the reduction of the process of lifting a code to a single petition. In reality, more than one code is usually recorded against the same foreign national; the deportation decision, the entry ban and the annulment of permits are separate administrative acts that feed one another. An application directed at only one of them will not alter the foreign national’s legal position for as long as the others stand. Before a file is opened, all records entered in the system and the acts on which they rest must therefore be established as a whole.
The second critical point concerns time limits. The seven-day period for bringing an action against a deportation decision and the sixty-day period relating to the lifting of a code are subject to different regimes; and the suspension of the period by an application to the administration is of use only where it is correctly timed. In files of this kind, Independent Legal recommends that the following matters in particular be given priority:
- establishing in full every restriction record against the foreign national, down to the letter group and number
- determining whether the code is declaratory or executory in character and framing the relief sought accordingly
- expressly requesting the lifting of the code in the action for the annulment of the deportation decision, bearing in mind that the code will otherwise remain in place
- scheduling the relationship between the administrative application and the time limits for bringing an action by reference to the date of notification
- documenting the allegation of damage that is difficult to make good and additionally advancing a request for a stay of execution
- pursuing the objection to the administrative detention order independently of the action for annulment for foreign nationals held at removal centres
Independent Legal provides advisory and litigation services in relation to the lifting of restriction codes, the annulment of entry bans and the administrative and judicial remedies pursued against deportation decisions.