Rights of Foreigners Who Became Illegal in Turkey

The expression used as "becoming a fugitive" in Turkey legally describes the violation of the foreigner's right to legal stay. Foreigners who continue to stay in Turkey even though their visa, visa exemption, residence permit, work permit or work permit exemption period has expired can be considered within this scope. In connection with this topic Foreigners Law You can also review the content titled.

Violation of the legal right to stay can result in fines, entry bans to Turkey, and deportation orders. However, even if the foreigner has violated the legal period of stay, he has fundamental rights such as access to a lawyer, to be notified of decisions, to apply to the court and not to be sent to a country where there is a risk of ill-treatment.

What is a Violation of the Right to Legal Stay?

Violation of the legal right to stay may occur due to one of the following situations:

• Exceeding the visa or visa exemption period,
• Continuing to stay in Turkey even though the residence permit has expired,
• Failure to exit after the rejection of the residence permit extension application,
• Expiration of work permit or work permit exemption,
• Not leaving the country despite the cancellation of the residence or work permit,
• Entering Turkey illegally.

The duration of the violation, whether the foreigner leaves spontaneously, whether he pays the fines and whether there is a deportation decision affect the procedures to be applied.

What Should a Foreigner Do If He Becomes an Illegal?

It is important for the foreigner to evaluate the duration of the violation, whether there is a restriction code or deportation decision, and the consequences of the exit before going directly to the border gate.

Can a Foreigner Leave Turkey Voluntarily?

A foreigner who violates the legal stay period can go to the border gate spontaneously and exit before his situation is determined by the competent authorities. Administrative fines can be calculated according to the duration of the violation at the time of exit.

In violations of less than three months, it may be possible not to impose an entry ban if the foreigner exits spontaneously and pays the relevant fines. The longer the violation period, the longer the entry ban period may increase.

Failure to pay the fine may prevent the foreigner from being re-admitted to Turkey, even if the entry ban expires. Therefore, payment receipts must be kept.

What is an Invitation to Leave Turkey?

Some foreigners for whom a deportation decision has been taken may be given up to 30 days, not less than 15 days, to leave Turkey by their own means. An exit permit that is not subject to a fee is issued to these persons.

Leaving within the given period may be effective in terms of not imposing an entry ban on the foreigner. However, foreigners who are at risk of escaping, use fake documents or are considered to pose a threat to public order may not be given an exit period.

Right to Appeal Deportation Decision

If a deportation decision is made against a foreigner who violates the right to legal stay, the decision must be notified to the foreigner, his legal representative or lawyer with justification.

The foreigner can file an annulment lawsuit in the administrative court within seven days from the notification of the deportation decision. The authority that made the decision must also be notified that a lawsuit has been filed.

Except for the foreigner's voluntary departure, if the lawsuit is filed within and within the period of filing a lawsuit, the deportation process is not applied until the conclusion of the trial.

Is Every Legal Stay Violation a Reason for Automatic Deportation?

Violation of the right to legal stay may form the basis for the deportation decision. However, the situation of each foreigner should be examined individually and the decision should include a personal justification.

The short-term nature of the violation, the foreigner's desire to exit spontaneously, family ties in Turkey, health status and risks in the country to be sent may be important in terms of the procedure to be applied.

Who Cannot Be Deported?

Even if the legal period of stay has been violated, a deportation decision cannot be taken or the existing decision cannot be enforced for the following foreigners:

• Those who are at risk of death penalty, torture or inhumane treatment in the country to which they will be sent,
• Those whose travel is risky due to serious health problems, advanced age or pregnancy,
• Those whose vital treatment continues and who do not have the opportunity to be treated in the country to which they will be sent,
• Victims of human trafficking who benefit from the victim support process,
• Victims of physical, psychological or sexual violence who are still being treated.

These protections aren't applied automatically. The foreigner must submit health reports, threat records and personal risks to the competent authorities.

Rights of the Foreigner in the Removal Center

The fact that the foreigner has violated the legal period of stay does not mean that he can be deprived of fundamental rights in the removal center. Foreigners in the center can benefit from the following opportunities:

• Access to lawyers, legal representatives, notaries and relatives,
• Benefiting from telephone services,
• Meeting with consular officials,
• Meeting with the officials of the United Nations High Commissioner for Refugees,
• Free use of emergency and basic health services that cannot be covered.

The foreigner, his/her legal representative or lawyer may apply to the criminal judgeship of peace against the administrative detention decision. It should be noted that this application is separate from the administrative court case to be filed against the deportation decision.

Can an Illegal Foreigner Get a Residence Permit?

Exceeding the legal stay period alone does not entitle the foreigner to obtain a residence permit. Whether an application can be made from within Turkey; It is evaluated according to the duration of the violation, the type of residence to be applied, the deportation decision and the special situation of the foreigner. Also Work and Residence Permit Processes of Foreigners in Turkey should be evaluated together with the concrete case.

Marriage to a Turkish citizen, student status, serious health status or humanitarian reasons may arise from different legal options. However, these situations do not automatically eliminate the previous violation or deportation decision.

Do the Rights of the Working Foreigner Expire Completely?

Working without a work permit may result in administrative sanctions for both the foreigner and the employer. It is possible for a foreigner to receive legal support if they are employed unregistered, not paid their wages or are subjected to ill-treatment.

The absence of a work permit does not mean that the foreigner cannot claim any rights. However, labor receivables, work permit violation and immigration procedures should be evaluated separately from each other. About the relevant aspect of the process Residence Permit Extension Procedures for Foreigners in Turkey There is detailed information on the page.

Which Documents Should Be Kept?

• Passport and entry records to Turkey,
• Visa, residence and work permit documents,
• Rejection or cancellation decisions and notifications,
• Administrative fines and payment receipts,
• Deportation and administrative detention decisions,
• Health reports, family documents and address records,
• Documents showing personal risk in the country to be sent.

Frequently Asked Questions

Is a foreigner who exceeds the visa period immediately deported?

Not every violation automatically has the same result. The duration of the violation, the spontaneous exit of the foreigner and other situations in the file are evaluated together.

Can a foreigner who is on the run hire a lawyer?

Yes. The foreigner who violates the legal stay period also has the right to be represented by a lawyer and to make a legal application. Legal Representation and Advocacy Services for Foreigners in Turkey its content explains other legal points related to this stage.

If the fine is paid, is the entry ban not applied?

Depending on the duration of the violation and the way it exits, the entry ban may not be applied or may be applied for a shorter period. Payment of the fine does not guarantee that there will be no ban in all cases.

How many days does it take to file a lawsuit against the deportation decision?

An application must be made to the administrative court within seven days from the notification of the deportation decision.

Can the foreigner in the removal center meet with his lawyer?

Yes. The foreigner should be provided with access to his lawyer, legal representative, relatives and telephone services.

Can a foreigner be sent to a country where there is a risk of torture?

If there is a serious risk of the death penalty, torture or inhumane treatment in the country to be sent, the refoulement ban should be applied.

Legal information: This content has been prepared for general information purposes. Consequences of violation of legal stay; It varies according to the duration of the violation, the way the foreigner exits, fines, deportation decision and personal circumstances. A file-specific legal evaluation should be made before taking action.