For foreign nationals residing in Türkiye under a residence or work permit, address notification is often seen as an unimportant formality. In fact, neglect of this obligation is the first link in a chain leading directly to the refusal of permits and, ultimately, to removal from the country. The V-71 code is precisely the counterpart of that neglect: it is entered in the records of foreign nationals who fail to notify their address within the statutory period or who make a notification contrary to the truth.
Once the code has been imposed, the foreign national’s work and residence permit applications are refused; and where the conditions are met, the deportation procedure is also set in motion. It should be said, on the other hand, that the process is not a closed door. An objection may be made to the administration, an action for annulment may be brought before the administrative courts, and entry to the country may be secured by way of an annotated visa; if a deportation decision has been issued, it too may be made the subject of an action.
In this briefing note we address, in turn, the facts on which the code is based, how address checks are carried out, and the procedural rules governing the routes to its removal.
Who Is the V-71 Code Imposed On?
The record in question is created in respect of persons who fail to notify the official authorities, within the statutory period, of the address registered in the civil registry or of the address at which they have declared they will stay in Türkiye, or who make that notification in a manner contrary to the truth. Foreign nationals who are found not in fact to be present at the address notified to the official authorities fall within the same scope.
A foreign national whose work or residence permit application has been granted must declare his or her address to the civil registry directorate within 20 days of entering Türkiye. Where a foreign national lets this period pass or notifies an address contrary to the truth, the V-71 code is imposed by the Presidency of Migration Management.
The consequences of the code are not confined to permit applications. Once the record has been created, residence and work permit applications are refused. If the visa exemption period has also expired, the foreign national is expected to leave the country within 10 days; failing that, the deportation procedure is applied. There is an important distinction here: a foreign national whose residence permit application is refused will not be subject to an entry ban if he or she leaves the country — paying the penalty for visa violation where the exemption period has been exceeded, and without any penalty where it has not.
NOTE: Failure to notify the address within time, or notification contrary to the truth, does not result solely in the revocation of the permit; an administrative fine is also prescribed as a sanction. Since the N-97 code will be imposed on foreign nationals who fail to pay that fine, persons on whom an administrative fine has been imposed should not fall behind with payment.
The Grounds for the Code and Address Checks
The record is created where a foreign national who has obtained a work or residence permit is not present at the address notified to the civil registry directorate, or fails to discharge the notification obligation within time.
Whether the foreign national genuinely resides at the address declared is established by an inquiry conducted by the police. In the course of that inquiry, neighbours and local tradespeople are asked whether they know the foreign national and, even if they do not, whether they have seen him or her in the vicinity. The address on utility accounts such as electricity, water and internet also provides decisive data for this purpose; the address on those accounts is expected to match the address declared.
We noted above that foreign nationals obtaining a work or residence permit must make notification within 20 days of their arrival in Türkiye. That notification is made to the district civil registry directorates within the country, to the foreign missions abroad, and, in the case of address-based services, to the institution from which the service is to be received.
Travelling temporarily outside the city does not require a change of address to be made. A foreign national wishing to change the province in which he or she lives, by contrast, is obliged to notify that change to the Provincial Directorate of Migration Management.
NOTE: A foreign national on whom this code has been imposed will not face a ban on entry to Türkiye if he or she leaves the country — paying the administrative fine where the visa exemption period has been exceeded, and directly where it has not.
Routes for Having the Code Removed
The V-71 record is removed by way of an administrative objection made to the competent authority or an action for annulment brought before the administrative courts. In addition, it is possible for a foreign national subject to the code to enter the country by obtaining an annotated visa.
Administrative Objection Application
A foreign national who has been served with notice that the V-71 code has been imposed must make an administrative application within 60 days, running from the day following service. The application is addressed to the Presidency of Migration Management by way of a petition. In the petition, the foreign national sets out the facts showing that the address notification was made and that he or she lives at the address declared, and submits the supporting evidence to the file.
The Presidency is expected to decide on the application within 30 days. A failure to give a decision within that period, or the giving of an answer of an indeterminate nature, means that the request has been refused.
The administrative application made to the Presidency of Migration Management has an important procedural effect: it suspends the period for bringing an action for annulment. When the application is refused, the period begins to run again from where it left off, and the action may be brought within the remaining time. For example, if the objection was made on the twentieth day following service of the code, 40 days will remain for bringing an action once the application has been decided.
An action for annulment may be brought upon refusal of the administrative application, but it is equally possible to proceed directly to court without going through that stage at all. It should not be overlooked, however, that where an action is brought directly, an objection may no longer be made to the administrative authority.
Action for Annulment
An action for annulment may be brought before the administrative court for removal of the record. The period for bringing the action is 60 days running from the day following service of the decision on the person concerned, and the action is directed against the Presidency of Migration Management.
This action takes two different forms. In the first, the action is brought directly, without any objection to the Presidency; in that case the sixty-day period begins to run from the day following service on the person of the decision imposing the code. In the second, an objection is made first and the action is brought after a refusal decision has been received; here the time elapsed between service of the code and the date of the objection is deducted from the sixty-day period.
To take a concrete example: if the objection was made on the tenth day after service of the code, 50 days remain for bringing an action from the day following service of the refusal decision.
A stay of execution may be requested in the action to be brought. Where the request is granted, the effects of the code are suspended until the proceedings are concluded. For the court to make such an order, the implementation of the measure must be liable to give rise to damage that is difficult or impossible to make good, and the measure must be manifestly unlawful. The petition must set out clearly that these conditions are satisfied.
The note entitled “restriction codes for foreign nationals and the action for removal of a code”, which contains detailed explanations of restriction codes and examines all the codes imposed by the administration, offers complementary information on the subject.
Entry with an Annotated Visa
A foreign national subject to a ban on entry to the country on account of the code may enter by obtaining an annotated visa. This category of visa serves a distinct function in that it affords the possibility of entry even where the restriction record and the entry ban have not been lifted.
The annotated visa is a category of visa granted by the administration in a special form in connection with various purposes such as family reunification, employment, education, medical treatment and trade.
The note entitled “what is an annotated visa? how is it obtained?”, in which the subject is examined in all its detail, provides guidance as to the conditions of application.
Removal of the Deportation Decision
Alongside the action brought against the restriction code, a separate action for annulment must also be brought against the deportation decision in order for that measure to be set aside. The period here is extremely short: 7 days from service of the decision. The court with subject-matter and territorial jurisdiction is the administrative court in the place where the governorship that issued the deportation decision is situated.
In practice, deportation decisions are also found to be implemented without waiting for the seven-day period for bringing an action. An action for annulment brought against such a decision, however, of itself suspends the operation of the measure. There is accordingly much to be gained from the foreign national bringing an action as soon as possible upon being served with the decision.
In the action to be brought for annulment of the deportation decision, removal of the restriction code may also be added among the heads of claim. If the court finds that request well founded, it will also order the removal of the code. This requires the statement of claim to be drafted with sound legal reasoning and the procedural steps to be completed in full; it is therefore appropriate to consult a lawyer specialising in the law on foreign nationals.
The action to be brought against a deportation decision is separately examined in the note entitled “how is a deportation decision lifted?”, in which the subject is addressed in all its detail.
Objection to the Administrative Detention Decision
In certain cases an administrative detention decision is issued in respect of foreign nationals on whom a restriction code has been imposed. In that event the foreign nationals are transferred to a removal centre and held there under that measure until their proceedings have been completed.
For the foreign national to be released from the centre, an application must be made to the criminal judgeship of peace in the place where the governorship that issued the administrative detention decision is situated, or in the place where the foreign national is being held. Where the court finds the request well founded, the foreign national is released from the removal centre.
The note entitled “objection to an administrative detention decision at a removal centre”, in which the subject is examined in all its detail, contains detailed information regarding this application.
How Long the Process Takes
Removal of the record by way of an objection application is concluded within a range of 1 to 3 months on average. Where the route of an action for annulment is taken, the process takes 1 year on average.
Costs
The costs relating to removal of the code stood at approximately TRY 4,000 for 2023. These items are increased each year by the revaluation rate.
The Court with Subject-Matter and Territorial Jurisdiction
In actions concerning removal of the record, the Ankara administrative courts have subject-matter and territorial jurisdiction. Where, by contrast, annulment is sought of a deportation decision issued on the basis of the code, the administrative courts in the province where the governorship that issued the deportation decision is situated have territorial jurisdiction.
Independent Legal’s Assessment
In V-71 records the core of the dispute is most often not one of law but one of proof. The administration reaches the conclusion that the person does not in fact reside at the address declared by way of a police inquiry; the defence mounted against it must therefore be constructed on the same plane, on the basis of documents and records. The lease agreement, utility account records and invoice addresses in this respect most often produce a stronger result than witness statements.
As regards management of the process, it is decisive that the two separate measures — the restriction code and the deportation decision — are not confused with one another. In a concrete file the following headings should be observed as a matter of priority:
- Where a deportation decision has been served, acting by reference to the seven-day period and not treating the restriction code action as a reason to wait that period out
- Where an administrative objection is to be preferred, calculating at the outset how much of the sixty-day period for bringing an action has been used up
- Gathering, before the application, the utility account and invoice records showing that the person resides at the address declared
- Including in the petition, in the restriction code action, the request for a stay of execution, setting out the conditions for it
- Advancing expressly, in the deportation action, the request for removal of the restriction code as well
- Where an administrative fine has been imposed, making payment within time so as to avert the risk of an N-97 record
Independent Legal provides advisory services and litigation representation in the field of the law on foreign nationals, including the removal of restriction codes, administrative court proceedings against deportation decisions and objections to administrative detention.