Remaining in the country after the expiry of the document conferring the right to be present in Türkiye is one of the problems most frequently encountered in the practice of the law relating to foreigners. Assessed on its own, the financial burden that arises will often appear bearable; the real weight lies in the entry ban and the deportation decision attached to the breach.
The sum payable is not a fixed figure. The State of which the foreigner is a national, how many months the breach has lasted, whether entry into the country was made with a visa and whether a residence permit had previously been obtained all bear directly on the calculation. Although the calculation tools circulating on the internet reflect these criteria in broad outline, each criterion must be reviewed separately if the sum applicable in the particular file is to be determined.
Below we address the circumstances in which a breach arises, the heads of penalty, the criteria taken as the basis of the calculation, the entry bans applied according to the duration of the breach, and the exceptions in which no ban is applied at all. The avenues that may be pursued in order to avoid deportation, and the possibilities of return following a deportation decision, are also considered separately.
Definition of a Visa Breach and the Circumstances in Which It Arises
A visa breach occurs where a foreigner remains in the country in which he or she is present for longer than the lawful period of stay afforded to that person, or uses the visa otherwise than for the purpose for which it was issued.
By way of example, where a person who has entered a country on a three-month visa continues to remain there after the expiry of that period, he or she becomes liable to pay a penalty in respect of the additional time spent.
A breach does not arise from overstaying alone. A person who acts contrary to the purpose on which the visa is founded faces the same consequence and pays a penalty. A foreigner who has entered the country on a student visa but is working is a typical instance of an irregularity of this kind.
Beyond these two situations, entering the country by unlawful means in the first place also falls within the scope of a breach. In such incidents, which have arisen frequently of late, a penalty is likewise applied to the foreigner who has entered the country clandestinely.
Furthermore, where holders of a residence permit or a work permit remain in the country beyond the period afforded to them, or act contrary to the ground on which the permit is founded, the same sanction follows.
In summary, a breach arises in the following situations:
- Where a person holding a residence permit or a work permit carries on an activity falling outside the scope of that permit,
- Where the person remains in the country for longer than the period afforded by the residence permit or work permit,
- Where the person enters the country by unlawful means and spends time here,
- Where the person engages in an activity incompatible with the purpose for which the visa was issued,
- Where the person continues to remain in the country beyond the period afforded by the visa.
In each of these situations a breach is regarded as having occurred and the corresponding sanction is applied.
Heads of Payment Falling Within the Penalty
The penalty for a visa breach consists in the imposition of a defined sum on the foreigner in breach as the counterpart of that conduct. Alongside that sum, it is also possible for an administrative fine to be imposed separately by the Visa Breach Office.
Two further heads may arise in addition to these. Where entry into the country was made without a visa, the visa fee must be paid; and where no residence permit was ever obtained, the card fee is also collected. It will be helpful to see the heads together.
The sums that may fall due by reason of a breach are as follows:
- The card fee, where no residence permit has been obtained,
- The visa fee, where entry into the country was made without a visa,
- An administrative fine, which may be imposed at the discretion of the administration,
- The penalty sum relating to the visa breach.
Criteria Taken as the Basis of the Calculation
In determining the sum payable, the following matters are assessed together:
- The date on which the foreigner’s residence permit came to an end,
- Whether the foreigner has obtained a residence permit in the past,
- The date on which the visa came to an end,
- Whether entry into Türkiye was made with a visa,
- The dates of entry into and departure from the country,
- The State of which the person is a national.
Taking each of these criteria under separate headings makes the logic of the calculation visible.
The Decisive Role of the State of Nationality
The State of which the foreigner is a national forms the starting point of the calculation. This is because the penalty is calculated on the basis of twice the residence fee set for the country concerned, and the residence fee prescribed is not the same for every State.
For nationals of States such as the United States, France, Germany, the Netherlands, Kazakhstan, Kyrgyzstan, the People’s Republic of China, Romania and Pakistan, the penalty is applied as USD 50 for the first month; USD 10 is added to the sum for each subsequent month. This calculation applies to 158 countries in total.
Albania, the Philippines, Israel, Japan, Cambodia, North Macedonia, Mali, Tajikistan and Oman form a separate group. For these States USD 28 is applied for the first month, with USD 7 added for each following month.
In the group comprising Belgium, Belarus, Algeria, Spain, Kuwait, Luxembourg, Malta, Singapore, Taiwan and Jordan, the penalty is USD 18 for the first month; USD 5 is added for subsequent months.
For Ethiopia, South Korea, Hong Kong, Micronesia and Russia, USD 14 is applied for the first month and USD 3 is added to the sum for each continuing month.
The final group comprises Morocco, Côte d’Ivoire, Iraq, Montenegro, Egypt and Tunisia. For these States the penalty has been set at USD 10 for the first month, increasing by USD 1 for each subsequent month.
The 158 countries falling outside the scope of the groups separately listed above belong to the first group mentioned.
The Role of the Dates of Entry and Departure
When the foreigner entered the country and when he or she left it form the backbone of the calculation. A comparison of these two dates reveals both whether a breach exists at all and over how many months the breach extends.
Since the sum payable rises as the duration of the breach lengthens, the entry and departure records are of decisive importance. For a German national the counterpart of a one-month breach is 50 US dollars, whereas if the breach extends to two months the sum rises to 60 US dollars.
Whether Entry into the Country Was Made with a Visa
This criterion determines whether the visa fee is payable. A foreigner who has entered the country without a visa from the outset is liable for the visa fee in addition to the penalty for the breach.
By contrast, no visa fee is sought from a foreigner who entered with a visa but continued to remain after its expiry, because that sum was already collected at the entry stage.
The Date on Which the Visa Came to an End
The expiry date of the visa marks the moment at which the breach begins. As from the first day following that date the breach is regarded as having arisen, and the calculation of the penalty likewise begins to run from that moment.
Whether a Residence Permit Was Obtained in the Past
This matter is significant in respect of the card fee. A foreigner who falls into breach without ever having obtained a residence permit is liable to pay the sum relating to the card.
For 2024 that sum has been set at TRY 565. No card fee is sought, on the other hand, from foreigners who entered the country with a residence permit but fell into breach by exceeding the period afforded to them.
The Expiry Date of the Residence Permit
The date on which the residence permit came to an end is the starting point for measuring the duration of the breach. The breach begins with the first day following the expiry of the permit, and the penalty is calculated by reference to that date.
The Authority to Which the Penalty Is Paid
Payment is made to the Visa Breach Office. As a rule these offices are located at airports and border crossings. A foreigner who has fallen into breach and wishes to discharge the debt must accordingly apply to those offices.
Entry Bans on Türkiye Applied According to the Duration of the Breach
A decision banning entry into Türkiye is taken in respect of a foreigner in breach, depending on the length of the breach. How many years the ban is to last is determined according to the period over which the breach extends.
According to the practice of the Presidency of Migration Management, an entry ban of between 1 month and 5 years is applied to foreigners whose breach of the right of lawful stay is more than 3 months (including 3 months), who present themselves of their own motion at a border crossing in order to leave the country before their situation has been established by the competent authorities, and who pay any administrative fines.
For foreigners falling within this group, the durations of breach and the corresponding durations of ban are set out in the table published by the Presidency of Migration Management.
An entry ban of between 3 months and 5 years is taken, on the other hand, in respect of foreigners who, having breached the right of lawful stay, leave the country or are deported in the circumstances listed below:
- Foreigners deported under the escort of officials, irrespective of whether they have paid the administrative fine,
- Foreigners whose administrative detention decision has been terminated and who have been made subject to alternative obligations, irrespective of the position as to the administrative fine,
- Foreigners who, irrespective of the position as to the administrative fine, have exhausted the whole of the right of stay afforded by a visa or a visa exemption under the "90 days in 180 days" rule but who, having been permitted to enter the country on condition that they apply for a residence permit within 10 days, fail to make that application,
- Foreigners who, irrespective of the position as to the administrative fine, have had a request for a residence permit or a work permit refused or their existing permit cancelled and who fail to depart within the period afforded to them,
- Foreigners who, irrespective of the position as to the administrative fine, have breached the right of lawful stay by more than 3 months (including 3 months) and in respect of whom a deportation decision has been taken inviting them to leave Türkiye,
- Foreigners who have breached the right of lawful stay by up to 3 months (not including 3 months) and in respect of whom a deportation decision has been taken inviting them to leave Türkiye, but who fail to depart within the period afforded and/or fail to pay the administrative fines,
- Foreigners who, although they presented themselves of their own motion at a border crossing in order to leave the country before their breach of the right of lawful stay was established by the competent authorities, fail to pay the administrative fines.
For foreigners within this scope too, the durations of breach and the durations of ban to be applied are set out in the relevant table of the Presidency of Migration Management.
NOTE: Even where the duration of an entry ban imposed on a foreigner has expired, foreigners who fail to pay administrative fines and other public receivables arising under the Fees Act No. 492 and other provisions of the legislation are not permitted to enter the country for an indefinite period, for so long as those debts remain undischarged.
Situations in Which No Entry Ban Is Applied
The circumstances in which no entry ban decision may be taken in respect of a foreigner despite a breach are regulated in the fourth paragraph of Article 9 of Law No. 6458:
Law on Foreigners and International Protection No. 6458, Art. 9(4)
"No decision banning entry into Türkiye may be taken in respect of foreigners whose visa or residence permit period has come to an end and who, before that situation is established by the competent authorities, apply to the governorships in order to leave Türkiye and in respect of whom a deportation decision is taken, provided that they have paid the administrative fines and have not exceeded the periods of breach determined by the Ministry."
In the practice of the Presidency of Migration Management, the circumstances in which no entry ban is to be applied have been determined as follows:
- Foreigners who have breached the right of lawful stay by up to 3 months (not including 3 months) and in respect of whom a deportation decision has been taken, but who present themselves at a border crossing in order to depart within the period afforded to them to leave the country and who pay any administrative fines,
- Foreigners whose breach of the right of lawful stay is up to 3 months (not including 3 months), who present themselves of their own motion at a border crossing in order to leave the country before their situation has been established by the competent authorities, and who pay any administrative fines.
No entry ban decision is imposed in respect of these two groups. For a foreigner who has fallen into breach, the advantage of satisfying the conditions in question and thereby falling within one of these groups is accordingly considerable.
Avenues Available to Avoid Deportation
Two separate avenues may arise with a view to preventing the deportation of a person who has fallen into breach: making a request for a humanitarian residence permit, or bringing the matter before the courts.
A foreigner whose child has been born in Türkiye may apply for a humanitarian residence permit relying on the best interests of the child. Where other compelling reasons exist, such as state of health or the unity of the family, these may likewise found the same request.
Where a humanitarian residence permit is granted, the foreigner is relieved of the risk of deportation. All the details that need to be known about this permit are addressed in the note entitled "what is a humanitarian residence permit? how is it obtained?".
The second avenue is to bring an action for annulment against the deportation decision, together with a request for a stay of execution. Because a stay of execution is requested, the foreigner is not deported immediately and the outcome of the proceedings is awaited. Throughout that period it is possible for the foreigner to continue to be present in Türkiye.
Possibilities of Return to Türkiye for a Deported Foreigner
There are three options by which a deported foreigner may enter the country again: waiting for the period of the ban to expire, pursuing the route of an annotated visa, or bringing an action for annulment with a request for a stay of execution.
Where the period of the ban is only a few months, waiting will often be the more reasonable choice, since any legal step taken against the decision will not conclude in less than several months.
An application for an annotated visa is the second avenue affording entry into the country to a foreigner subject to a deportation decision. The nature of this visa, the conditions on which it depends, how it is to be obtained and every point concerning the operation of the process are explained in the note entitled "what is an annotated visa? how is it obtained?".
The third option is to bring an action for annulment against the decision with a request for a stay of execution. Where this route is pursued, the deportation decision does not take effect until the proceedings conclude and it becomes possible for the foreigner to be present in Türkiye. The details are set out in the note entitled "how is a deportation decision lifted?".
Which of these three avenues is to be preferred varies according to the features of the file. Which method is the more suitable in the circumstances of the particular case should be assessed together with a lawyer experienced in the field.
Application of a Restriction Code Alongside the Breach
Where a restriction code has also been entered against the foreigner in addition to the visa breach, the removal of that code requires a separate process. Before the code can be removed, an administrative application must first be made and, where necessary, the route of an action for annulment pursued.
Information on the types of restriction code, what they mean and how the removal process operates may be found in the note entitled "restriction codes for foreigners and the removal of a restriction code".
Independent Legal Assessment
The mistake most frequently made in visa overstay files is to see the matter as no more than a question of payment. In fact three separate consequences are interwoven in the same set of facts: the sum payable, the entry ban to be imposed and, where applicable, the restriction code. A foreigner who discharges only the first of these may meet an unexpected obstacle when seeking to enter the country in later years.
Another point that is decisive in practice is whether the foreigner presented himself or herself at a border crossing of his or her own motion. Where a breach of less than three months is combined with voluntary departure and payment of the fine, no entry ban may be applied at all, whereas if the same person is apprehended following an administrative finding, a ban extending to years is possible. For that reason the step taken at the first moment the breach is noticed may change the whole of the outcome.
In a particular file the following matters should be reviewed as a priority:
- Establishing with precision the start date of the breach by reference to the expiry day of the visa or residence permit
- Determining the penalty group in which the State of the foreigner’s nationality falls
- Checking whether additional heads such as the visa fee and the card fee arise
- Having regard to whether the three-month threshold has been exceeded, which bears directly on the entry ban regime
- Where a deportation decision exists, expressly advancing the request for a stay of execution in the statement of claim
- Bearing in mind that unpaid public receivables give rise to an indefinite bar on entry even once the period of the ban has expired
Independent Legal provides advisory services and conducts litigation in the field of the law relating to foreigners in respect of administrative sanctions arising from visa breaches, deportation decisions and the removal of restriction codes.