What is Conditional Entry?
According to the old practice, foreigners found in Turkey without a visa or residence permit were deported and a 5-year entry ban was imposed on them. However, with the Law No. 6458 on Foreigners and International Protection, which entered into force in 2014, a new practice was introduced. Accordingly, those who have been fined for visa violations can leave the country by paying the fine. If the fine is paid, they are not prevented from re-entering Turkey.
These persons can re-enter Turkey legally within the scope of V84 conditional entry. However, they have to complete their residence permit applications within 10 days. Those who do not apply for a residence permit or do not complete their application within this period are still considered not to be in Turkey legally as they have not complied with legal procedures. This means that they are at risk of being deported again.
What are Deport and V84?
The entry ban imposed on foreign nationals by the Directorate General of Migration Management or the governor’s office is also commonly known as “deportation”. In this case, foreigners with an entry ban are deported from Turkey to their home country or to another country. Entry bans may be temporary or indefinite.
1. Temporary Entry Ban:
– Temporary entry ban is the prohibition of a person from entering Turkey for a certain period of time. According to the new regulation, an entry ban can be imposed for a maximum of 5 years and this period can be extended for another 5 years.
2. Indefinite Entry Ban:
– An indefinite entry ban is the prohibition of a person’s entry into Turkey for an unspecified period of time.
In case the foreigner violates the visa or visa exemption period, stays in Turkey without a residence permit or works without a work permit, a temporary entry ban is issued. However, if a foreigner who violates a visa or visa exemption period under V84 leaves the country voluntarily and pays a fine, the entry ban is not imposed. The foreigner who pays the fine may enter Turkey conditionally. However, the foreigner who enters conditionally must apply for a residence permit within 10 days at the latest.
Where to Apply for Conditional Entry?
Conditional entry applications are accepted by the Directorate General of Migration Management. Applications can be submitted through Provincial Directorates of Migration Management or Foreigners’ Branch Directorates operating under the Directorate General of Migration Management.
The steps to apply are usually as follows:
1. Online Application:
– You can apply online through the official website of the Directorate General of Migration Management. This involves filling out the application form and uploading the required documents.
2. In Person Application:
– In some cases, applications may need to be submitted in person. In this case, the applicant should go in person to the units of the Directorate General of Migration Management.
It usually takes a few working days to finalize the application. If the result of the application is positive, the applicant will be granted a conditional entry permit. With this permit, the applicant can enter Turkey and apply for a residence permit within 10 days. However, if the result of the application is negative, the applicant will not be granted an entry permit and will be banned from entering Turkey. In this case, the applicant may have the right to appeal or reapply by making the necessary corrections.
What are the Documents Required for Conditional Entry?
The documents required for conditional entry to Turkey can be as follows:
1. Passport or Travel Document:
– A passport or travel document with a validity period of at least six months from the date of application.
2. Proof of Payment of Visa Violation Penalty:
– A document showing that the visa violation penalty has been paid for those who have previously entered Turkey without a visa or residence permit. This document is obtained from the Directorate General of Migration Management or relevant units.
3. Residence Permit Application Form:
– May be required for those who will apply for a residence permit after entering Turkey. This application form can be obtained from the official website of the Directorate General of Migration Management or from the relevant units.
4. Travel Health Insurance:
– A mandatory travel health insurance policy for those staying in Turkey for up to 90 days. This insurance provides access to health services in Turkey and must be valid for the 90-day period.
5. Entry-Exit Flight Documents:
– Airline ticket or booking documents indicating the dates of entry and exit from Turkey.
6. Other Required Documents:
– Other documents that may be required by the Directorate General of Migration Management or relevant units. For example, a job offer letter for job seekers, an acceptance certificate for education seekers, etc.
There are a few points to be considered during the application:
– It is important that the documents are filled in completely and with the correct information.
– Documents may need to be submitted in Turkish or English. However, documents submitted in non-Turkish must be translated.
– Copies of the documents may need to be submitted in addition to the originals.
– Before applying, it is important to get up-to-date information from the official website of the Directorate General of Migration Management or the relevant units.
How to make a V84 Conditional Entry?
V84 conditional entry is not possible in all cases. The foreigner who will make a conditional entry as a result of a visa violation has some points to pay attention to. We can list these important points as follows:
- a) The foreigner who violates his/her visa must leave Turkey before a deportation order is issued against him/her.
- b) The foreigner must pay the fine that will be determined for him/her when he/she leaves the country. If the foreigner leaves the country without paying the fine, he/she will be banned from entering Turkey.
- c) If the foreign national is a citizen of one of the visa exemption countries, he/she may enter Turkey conditionally 1 day after leaving the country. However, if he/she is a citizen of a country that requires a visa, he/she must first apply for a visa and then make a conditional entry.
- d) During V84 conditional entry, the foreigner must declare that he/she will apply for a residence permit for up to 10 days and sign a letter of commitment.
- e) Foreigners coming to Turkey with V84 conditional entry must apply for a residence permit within 10 days. At this point, it is strongly recommended to carry out the procedures with a foreigners’ law attorney in order for the process to proceed quickly and correctly..
What are Visa Violations and Types?
- V84 conditional entry is not possible in all cases. There are some points that the foreigner who will enter conditionally as a result of a visa violation should pay attention to. We can list these important points as follows:
a) The foreigner who violates his/her visa must leave Turkey before a deportation decision is taken against him/her.
b) The foreigner must pay a fine to be determined for him/her when leaving the country. If the foreigner leaves the country without paying the fine, he/she will be banned from entering Turkey.
c) If the foreigner is a citizen of a visa exempt country, he/she may enter Turkey conditionally 1 day after leaving the country. However, if he/she is a citizen of a country that requires a visa, he/she must first apply for a visa and then enter conditionally.
d) During V84 conditional entry, the foreigner must declare that he/she will apply for a residence permit for up to 10 days and sign a letter of undertaking.
e) Foreigners coming to Turkey with V84 conditional entry must apply for a residence permit within 10 days. At this point, it is strongly recommended to conduct the procedures with a foreigners’ law attorney in order for the process to proceed quickly and correctly.
8. How to Obtain a Residence Permit after Conditional Entry?
In terms of what to do after signing the V84, i.e. residence permit conditional entry information form, first of all, it should be said that the additional period given to you is only 10 days. The first thing you need to do is to get foreign private health insurance and make an appointment for the residence permit application. It is not important that the appointment date given exceeds this 10-day period, what is important is that you set an appointment date within the legal period.
Documents required for a residence permit application usually include the following:
- – Passport or travel document
- – Conditional entry permit document
- – Application form
- – Population register
- – Receipt of payment of the residence permit fee
- – Necessary medical reports (in some cases)
- – Other required documents (varies according to the type of residence permit obtained)
With these documents, foreigners should apply to the Directorate of Migration Management of the province or district where they applied for a residence permit.
9. What happens if the 10-day period after conditional entry is missed?
Foreigners who have entered Turkey conditionally are required to apply for a residence permit within 10 days of entry. Foreigners who do not apply for a residence permit within this period will face a deportation order and will be banned from entering Turkey. If an entry ban is imposed, the foreigner in question will not be able to benefit from conditional entry again. In this case, it will only be possible for the foreigner to lift the entry ban by obtaining a “visa with a legitimate visa”. Therefore, it is important that foreigners who have been granted conditional entry apply for a residence permit within 10 days and document their reasons for this application. Submitting a complete and correct application ensures that the process runs smoothly and reduces the risk of a deportation decision.
What is a legitimate visa and what are the required documents?
A visa with the purpose section of the visa label, such as treatment, family reunification, education, work, official duty, tourism, etc. is called a legitimate visa. A legitimate visa allows foreigners who are banned from entering Turkey to enter the country legally. If foreigners want to come to Turkey, they can apply for a visa with a legitimate visa to the Turkish consulates or embassies in their home country, provided that the reason for their arrival is taken into account. However, in order to obtain a visa with a legitimate purpose, it is mandatory to provide a valid and documentable reason. Only in this way can a special purpose visa be obtained. For example, if you want to enter Turkey with a work permit, a work permit application must be submitted by your employer. The documents required for the application are the application form, a notarized translation of the foreigner’s passport, a biometric photograph and official documents documenting the reason for the legitimate visa (e.g. work permit application).
What are the entry ban periods for those who do not comply with conditional entry?
Those who do not make an appointment within 10 days after conditional entry are subject to a gradual entry ban. These entry ban periods are as follows:
– 3 months entry ban for those who leave up to 3 months late
– 6-month entry ban for those who leave late between 3-6 months
– Those who leave between 6 months – 1 year late will be banned for 1 year and this ban can be up to 5 years depending on the duration of your violation.
11. What can be done if a conditional entry application is rejected?
If the conditional entry application is rejected, there are several options for the applicant to take legal action. Here are these legal remedies:
1. Administrative Litigation:
– If the applicant’s application is rejected, the applicant can file a lawsuit before an administrative court. Administrative courts review the legality of administrative actions. In this remedy, the lawfulness of the action that led to the rejection of the application can be examined and, if necessary, annulled.
2. Appeal:
– The rejection decision issued by the Directorate General of Migration Management can be appealed directly. The applicant appeals to the DGMM based on the document containing the rejection decision. The outcome of the appeal may lead to a review of the rejection decision.
3. Litigation Process:
– If the outcome of the appeal is unfavorable or if the outcome of the appeal is not expected, the applicant may file an administrative lawsuit. An administrative lawsuit is filed for the purpose of judicial review of administrative actions. The administrative litigation process continues in administrative courts.
4. Receiving Counseling and Advocacy Services:
– It may be useful to seek counseling or legal advice from a lawyer during the appeal or litigation process against the rejection decision. A lawyer can assist the applicant in taking the most appropriate steps against the rejection decision and manage the legal process.
5. Appeal to the Supreme Administrative Court:
– A party who is dissatisfied with the administrative court’s decision in an administrative case may appeal to the Supreme Administrative Court. The Supreme Administrative Court reviews the decisions of administrative courts and checks them for compliance with the law.
These remedies can help the applicant in the legal fight against the rejection decision. Which remedy to choose depends on the nature of the application, the reason for the rejection and the applicant’s situation. In any case, it is important to seek advice from a lawyer to manage the legal process and determine the most appropriate steps.
FREQUENTLY ASKED QUESTIONS
How long does it take to apply for conditional entry?
Answer: The time it takes to finalize a conditional entry application usually ranges from a few working days to a few weeks.
What is the fine for conditional entry?
Answer: The fine varies depending on the type and duration of the visa violation, but is usually set at a specific amount. This amount is determined by the Directorate General of Migration Management.
How many days can one stay in Turkey with conditional entry?
Answer: The number of days of stay in Turkey with conditional entry is specified in the entry permit issued upon payment of a visa violation fine. Generally, this period can vary between 15 days and 90 days.
Is health insurance mandatory for conditional entry?
Answer: Yes, travel health insurance is mandatory for foreigners entering Turkey conditionally for up to 90 days. This insurance provides the opportunity to benefit from health services in Turkey.
Can I work in Turkey after conditional entry?
Answer: Those who come to Turkey with conditional entry cannot engage in any activity other than the purposes specified in the entry permit document. Those who will stay in Turkey to work must also obtain a work permit.
How is conditional entry different from visa-free entry?
Answer: Conditional entry is a legal entry method for those who have previously violated their visa and pay a fine to correct this violation. Visa-free entry, on the other hand, is an application granted to visitors from certain countries and allows them to enter Turkey without a visa by meeting predetermined conditions.
