The annotated visa is one of the limited routes by which a foreign national who has been barred from entering Türkiye can come to the country. This type of visa is issued for specific purposes such as family reunification, employment, study, receiving healthcare and commercial activity. A person subject to an entry ban is thereby able to come to Türkiye without having to bring an action for annulment of the deportation decision and await its outcome.
Below we examine the legal nature of the annotated visa, the authority to which the application is made and how, the documents required for each type of visa, the relationship between the visa and the deportation decision, and the time within which it is concluded.
The Concept of the Annotated Visa
The annotated visa is a mechanism that allows a foreign national who is subject to an entry ban, or against whose name a restriction code has been entered, to come to Türkiye. The application is based on a concrete ground; family reunification, work, study, medical treatment and trade are the principal such grounds.
Since the function of the visa is to suspend the effect of the entry ban for a particular purpose, a favourable outcome cannot be expected in every application. A special-purpose annotated visa is not issued for foreign nationals who have been deported on grounds of public security, public health or public order. The power of discretion and assessment as to whether the visa will be granted rests with the authority to which the application is made.
Where and How Is the Application Made?
A request for an annotated visa is directed to the diplomatic missions of the Republic of Türkiye in the country where the foreign national is located. The authorities meant here are Turkish consulates and embassies. The applicant must prepare the documents required for the visa procedure and set out clearly the ground for entering Türkiye. The fees and expenses arising in the course of the process must also be met.
Documents Required by Type of Visa
The documents required for an annotated visa are not laid down in a single list; they vary according to the ground on which the application is based. The documents must therefore be assembled in a manner appropriate to the type of visa requested. Each type is addressed separately below.
Documents Required for the Family Reunification Visa
The following documents are requested in applications made on the ground of family reunification:
- The application form completed and signed by the applicant,
- 4 biometric photographs,
- A passport or a document replacing a passport, issued no more than 6 months before the date of the application,
- The marriage certificate; if one has not yet been issued, a photocopy of a document establishing the marital relationship is also accepted.
This type of visa arises where the foreign national is married to a Turkish citizen. In the same way, the fact that the foreign national’s child, mother or father is a Turkish citizen also constitutes a basis for issuing the visa. Furthermore, if one of the spouses is employed in Türkiye under a work permit, a family reunification visa may also be granted in respect of the other spouse.
Documents Required for the Work Visa
In applications based on the ground of employment, the file must contain the following:
- The employment contract signed reciprocally by the employer and the foreign national,
- 4 biometric photographs,
- A copy of the passport; it must have been translated into Turkish and approved by a sworn translator or an official authority,
- A copy of the diploma or provisional graduation certificate; a Turkish translation and approval by a sworn translator or an official authority are required for this document as well,
- The Turkish Trade Registry Gazette setting out the shareholding and capital structure of the company that will employ the applicant,
- The balance sheet and profit and loss statement of that same company for the most recent year; it must bear the approval of a certified public accountant,
- A letter of reference; in practice this document is generally issued by the employer.
A foreign national wishing to come to the country for the purpose of work must assemble these documents in full and apply to the Turkish diplomatic missions. If the file is found to be incomplete, the request is refused.
Documents Required for the Student Visa
The following documents are requested in applications made on the ground of study:
- The application form completed and signed by the applicant,
- The residence permit application form,
- The letter of acceptance obtained from the university at which the studies will be pursued,
- A photocopy of the passport or of the document replacing a passport,
- 4 biometric photographs,
- A declaration that sufficient and regular financial means are available for the duration of the stay in Türkiye,
- Health insurance in force.
A foreign national applying for a student visa is required not to have reached the age of 30. A person who satisfies that age condition and completes the documents listed above may become entitled to the visa on the strength of the letter of acceptance obtained from the university at which he or she will pursue associate degree, undergraduate or master’s studies in Türkiye.
Two points are decisive in annotated visa applications: that the documents be complete and that the application correspond to the purpose put forward. A failing on either point results in refusal of the application, and the foreign national does not enter the country. In order for the legal requirements to be met in full and the process to be conducted efficiently, it would be appropriate to obtain the support of a lawyer experienced in this field.
Documents Required for the Medical Treatment Visa
The following must be added to the file in applications made for the purpose of receiving healthcare:
- The application form completed and signed by the applicant,
- A photocopy of the passport or of the document replacing a passport,
- 4 biometric photographs,
- A declaration that sufficient and regular financial means are available for the period to be spent in Türkiye for treatment,
- Health insurance in force,
- A receipt showing that the treatment costs have been met in full; an insurance policy covering those costs; or, where the costs are borne by the state, a document to that effect,
- A document issued by the chief physician of the hospital where the treatment is to be carried out and by the physician who will undertake the treatment, indicating the duration of the treatment.
Foreign nationals who are subject to an entry ban but need to come to Türkiye for treatment may enter the country by means of this visa. However, before applying to the relevant authority with the documents listed, there are a number of steps the foreign national must complete in his or her own country.
The first of these is for the foreign national to obtain a report from a hospital in the country where he or she is located. The report must contain information on the person’s state of health and must without fail include the statement “Treatment abroad is required”. The report must also record whether the patient’s present condition is suitable for air travel. At the final stage, a notarised translation of that report must be obtained. Once these steps have been completed, the application may be made together with the documents listed above.
Documents Required for the Business Visa
The following documents are required in applications based on the ground of commercial activity:
- The application form completed and signed by the applicant,
- 4 biometric photographs,
- A passport or a document replacing a passport, issued no more than 6 months before the date of the application,
- Documents relating to the foreign national’s establishment of a company in Türkiye; a letter of invitation is one example.
The foreign national must complete these documents and apply to the Turkish diplomatic missions, that is to say to the consulate or embassy. The administration has a power of discretion as to whether the request is accepted or refused. That said, if there is a deficiency in the documents the outcome will in any event be refusal.
Function of the Annotated Visa in Relation to a Deportation Decision
There are two ways of removing the effect of a deportation decision. One is to bring an action for annulment against the decision, the other is to obtain an annotated visa. Where the visa is issued, entry to the country may be made within the framework of the specified special purpose even if the entry ban against the person remains in force. In practice this visa is also chosen as a means of overcoming the impasse created by a ban on entering the country.
For detailed explanations of the action for annulment, the other means of removing a deportation decision, reference may be made to our study entitled "how is a deportation decision (removal from the country) lifted?".
How Long Does the Visa Take to Be Concluded?
An annotated visa is concluded within 90 days at the latest from the date on which the application is made.
Independent Legal Assessment
Two elements stand out as determining the outcome of annotated visa applications: selecting the correct type of visa for the concrete situation and submitting the documents belonging to that type in full. An application based on the wrong ground, or one that is incomplete in terms of documents, will be refused; and that means the foreign national does not enter the country. Given that the administration has a power of discretion, supporting the ground of the application with documents is of particular importance.
It is useful to review the following matters when preparing the application:
- Assessing in advance whether the restriction code on which the entry ban is based, and its underlying ground, constitute an obstacle to an annotated visa
- Ensuring that the type of visa requested corresponds to the foreign national’s actual purpose in Türkiye
- Establishing from the outset whether documents in a foreign language require approval by a sworn translator or a notary
- In treatment applications, ensuring that the content and the translation of the foreign hospital report are completed in due form
- Deciding whether the action for annulment against the deportation decision and the visa application are to be conducted together or separately
- Planning travel and business arrangements with the 90-day period for concluding the application in mind
Independent Legal provides advisory services and conducts litigation in annotated visa applications by foreign nationals subject to entry bans and restriction codes, and in the legal proceedings to be pursued against deportation decisions.