How Are the Entry of Foreigners into Türkiye, Their Stay in Türkiye, and Their Departure from Türkiye Regulated?
— The Entry, Stay, and Departure of Foreigners from Türkiye
The legal status of foreigners in Türkiye is comprehensively regulated by the Law No. 6458 on Foreigners and International Protection (LFIP). Adopted on 4 April 2013, the Law was published in the Official Gazette No. 28615 on 11 April 2013. The primary purpose of the Law is to establish the procedures and principles governing the entry of foreigners into Türkiye, their stay in Türkiye, and their departure from Türkiye, as well as the scope and implementation of protection to be provided to foreigners seeking protection in Türkiye. Since the Law has been amended from time to time, the version currently in force should be taken as the basis for legal assessments.
The LFIP is not merely a law regulating tourists entering Türkiye or foreigners temporarily present in the country. It also establishes the fundamental legal framework concerning residence permits, residence statuses connected with the right to work, removal from Türkiye, international protection, temporary protection, administrative detention, and the fundamental rights and obligations of foreigners.
Accordingly, determining the legal status of a foreigner in Türkiye is not limited to the question of whether that person may enter the country. The document with which the foreigner entered Türkiye, the duration for which the foreigner may remain, the purpose of the stay, whether a residence permit is required, and whether there is any entry ban or other administrative measure against the foreigner must be assessed together.
What Is the Purpose of the Law on Foreigners and International Protection?
Article 1 of the LFIP defines the fundamental purpose of the Law as regulating the procedures and principles concerning the entry of foreigners into Türkiye, their stay in Türkiye, and their departure from Türkiye, as well as the scope and implementation of protection to be provided to foreigners seeking protection in Türkiye.
This purpose demonstrates that the Law regulates two principal areas within the same legal framework.
The first area concerns the law governing foreigners, particularly entry into Türkiye, stay in the country, and departure from the country. The second area concerns international protection law, particularly the determination and protection of the status of persons seeking protection in Türkiye.
Accordingly, while the LFIP takes into account the state’s authority to regulate its borders and migration policies, it also establishes a system intended to protect the fundamental rights of foreigners and persons in need of international protection.
One of the important characteristics of this system is that it addresses the period from a foreigner’s entry into Türkiye until their departure from the country through different legal stages.
What Is the Scope of the Law?
Article 2 of the LFIP determines the scope of the Law in relation to matters and procedures concerning foreigners, borders, border gates, international protection procedures carried out within Türkiye, and temporary protection to be provided to foreigners arriving in Türkiye on a mass influx basis. It also provides that provisions of international agreements to which Türkiye is a party and special laws shall remain reserved in the implementation of the Law.
This provision is important because the law applicable to foreigners does not consist solely of the LFIP. International conventions to which Türkiye is a party and special laws may also apply depending on the circumstances of the particular case.
For example, international instruments to which Türkiye is a party, human rights regulations, and other relevant legislation must be taken into consideration in matters concerning international protection.
Therefore, when applying the LFIP, it may not be sufficient to examine the relevant provision of the Law in isolation. Depending on the nature of the particular case, international legal rules, other legislation, and relevant secondary legislation should also be considered.
Who Is Considered a Foreigner under the LFIP?
A foreigner is a person who is not a Turkish citizen. Although this definition appears quite simple at first sight, it is highly important in practice for determining the legal status of a foreigner.
The fact that a person is a foreigner does not mean that they have no rights in Türkiye. Foreigners may also benefit from the protections provided by Turkish law and by international human rights instruments to which Türkiye is a party.
However, the scope of the rights enjoyed by a foreigner may vary depending on that person’s status in Türkiye. For example, the legal position of a foreigner who is present in Türkiye for a short-term visit is not the same as that of a foreigner holding a long-term residence permit.
Similarly, special provisions apply to international protection applicants, refugees, conditional refugees, and persons granted subsidiary protection status.
Therefore, “foreigner” is a general overarching category, whereas being a residence permit holder, an international protection applicant, or a person holding a protection status refers to the person’s specific legal position within that general category.
What Is the Principle of Non-Refoulement?
One of the most important principles of the LFIP is the principle of non-refoulement. Pursuant to Article 4 of the Law, no person within the scope of the Law shall be sent to a place where they would be subjected to torture, inhuman or degrading punishment or treatment, or where their life or freedom would be threatened on account of their race, religion, nationality, membership of a particular social group, or political opinion.
This principle demonstrates that the state’s authority to remove or expel foreigners from the country is not absolute.
A state may take various administrative measures concerning foreigners present within its territory for reasons such as public order, public security, migration management, and border security. However, when exercising such authority, the circumstances in the country to which the person would be sent must also be taken into consideration.
Accordingly, the existence of a removal decision against a foreigner does not mean that the person may under all circumstances be sent to the designated country.
The principle of non-refoulement is particularly important where there is a possibility that the person would face torture, inhuman or degrading treatment, or a serious threat to their life or freedom in the country to which they would be sent.
In this respect, the principle of non-refoulement demonstrates that the LFIP is not merely a law concerning migration management; it also contains safeguards aimed at protecting fundamental rights.
How Does a Foreigner Enter Türkiye?
Article 5 of the LFIP regulates the entry into and departure from Türkiye of foreigners. As a general rule, foreigners enter and leave Türkiye through border gates with passports or documents substituting for passports. Under the structure of the Law, entry into and departure from Türkiye, document checks, and foreigners who may not be permitted to enter are regulated through separate provisions.
The fundamental approach here is that a foreigner’s entry into Türkiye is subject to a legal control mechanism.
The fact that a foreigner has arrived at a border gate does not automatically mean that the person has a right to enter Türkiye. The competent authorities check whether the person possesses the required travel documents and whether they satisfy the statutory conditions for entering Türkiye.
Accordingly, the entry process into Türkiye may be considered in three principal stages:
First stage: The foreigner must possess a valid travel document.
Second stage: Where required, the foreigner must satisfy the conditions for a visa or visa exemption.
Third stage: There must be no legal impediment to the foreigner’s entry into Türkiye.
If one of these conditions is not satisfied, the foreigner may not be permitted to enter Türkiye.
How Is Document Control Carried Out?
Article 6 of the LFIP regulates document checks during entry into and departure from Türkiye. At border gates, travel documents and the relevant requirements are checked to determine whether foreigners may enter or leave Türkiye. Within the structure of the Law, this check constitutes one of the principal administrative stages carried out before determining whether a foreigner may enter the country.
The purpose of document control is not merely to physically inspect a passport. The control mechanism serves to determine whether the person satisfies the legal requirements for entering Türkiye.
Accordingly, possession of a passport alone may not be sufficient. It is also important to determine whether a visa is required, whether the visa is valid, whether the person is subject to an entry ban, and whether the person satisfies other statutory requirements.
This system ensures that the identity and legal status of persons entering the country through Türkiye’s borders are subject to appropriate control.
Who Are the Foreigners Who May Not Be Permitted to Enter Türkiye?
Article 7 of the LFIP establishes specific rules concerning foreigners who may not be permitted to enter Türkiye. This provision demonstrates that the right of entry into Türkiye is not absolute and that a foreigner may be denied entry where certain conditions are present.
Under this provision, entry restrictions are envisaged particularly for persons who do not possess a passport or a document substituting for a passport, persons who do not possess the required visa, residence permit, or work permit, or persons whose relevant documents have been obtained through fraudulent means. In certain circumstances, restrictions may also apply where the validity period of the passport or relevant document is insufficient.
An important point here is that entry requirements are not limited to a purely documentary examination. The potential consequences of the foreigner’s entry into Türkiye in terms of public order and public security may also be assessed within the framework of the relevant provisions.
What Is the Relationship Between an International Protection Application and the Rules Governing Entry into Türkiye?
One of the important characteristics of the LFIP is that it does not completely separate the rules governing entry into Türkiye from the international protection mechanism.
Article 8 of the Law regulates special provisions concerning international protection applications. This provision demonstrates that persons seeking international protection should not be assessed solely under the ordinary rules governing the entry of foreigners.
This point should be considered together with the principle of non-refoulement.
Where a person claims to be in need of international protection, the competent authorities must assess that claim within the applicable legal framework. This does not eliminate the state’s authority to conduct border controls; however, it requires the nature of the protection claim and the risks associated with sending the person to another country to be taken into consideration.
Accordingly, the LFIP seeks to establish a balance between border management and human rights.
What Is a Ban on Entry into Türkiye?
A ban on entry into Türkiye is an administrative measure preventing a foreigner from entering Türkiye for a specified period.
Article 9 of the LFIP regulates bans on entry into Türkiye. Under the structure of the Law, an entry ban is distinct from the general entry-control mechanism and may be imposed as a specific administrative measure where certain legal grounds exist.
The principal purpose of an entry ban is to restrict the entry of certain foreigners into Türkiye where this is considered necessary in terms of public order, public security, or migration management.
However, the imposition of an entry ban is also subject to the conditions and procedures established by law.
For this reason, an entry ban should not be confused with the refusal of entry at a border gate.
The refusal to admit a foreigner at a border gate because they lack the required documents constitutes a different legal situation. By contrast, the refusal to admit a foreigner who is subject to a specific entry ban results from a separate administrative measure.
How Is a Ban on Entry into Türkiye Notified?
Article 10 of the LFIP regulates the notification of entry bans. This provision is important because it enables the foreigner to learn about the measure imposed against them and understand their legal position.
Notification of administrative measures to the person concerned constitutes an important safeguard in terms of the rule of law and the right to an effective remedy.
Since a ban on entry into Türkiye directly affects a foreigner’s ability to travel to or be present in Türkiye in the future, the legal nature and consequences of the measure must be communicated to the person concerned.
What Is a Visa?
A visa is one of the mechanisms of prior authorization concerning a foreigner’s travel to Türkiye or arrival at Türkiye’s borders.
Articles 11 to 18 of the LFIP regulate matters such as visa requirements, visa exemptions, visa applications, airport transit visas, foreigners who will not be granted visas, cancellation of visas, and notification of visa-related procedures.
An important point concerning visas is that possession of a visa does not in every case create an absolute and unconditional right to enter Türkiye.
In other words, possession of a visa does not mean that all other entry requirements are automatically satisfied. Border authorities may also assess whether the person satisfies the other legal conditions for entering the country.
Therefore, a direct and unlimited equivalence should not be established between holding a visa and possessing an unconditional right of entry.
Visa Requirements and Visa Exemptions
Article 11 of the LFIP establishes the basic framework concerning visa requirements and visa exemptions for entry into Türkiye. Whether nationals of a particular country are required to obtain a visa or may benefit from a visa exemption may depend not only on the general provisions of the LFIP but also on relevant Turkish regulations and international agreements.
Accordingly, before traveling to Türkiye, a foreigner should verify whether their nationality is subject to a visa requirement.
A visa exemption does not constitute an unlimited right to remain in Türkiye. The duration, purpose, and scope of the exemption must also be considered.
For example, a foreigner may be exempt from a visa requirement for a specified period; however, this does not automatically grant the person a right to long-term residence in Türkiye.
How Is a Visa Application Made?
A visa application is an administrative process carried out according to the foreigner’s purpose of entering Türkiye and the visa regime applicable to that person.
The applicant’s identity, purpose of travel, and required documents are assessed during the application process. The application may ultimately result in the issuance or refusal of a visa.
At this point, it is important that the purpose of the visa corresponds to the purpose of the foreigner’s stay in Türkiye. A discrepancy between the purpose for which a foreigner comes to Türkiye and the visa or entry status they hold may lead to administrative problems at later stages.
Therefore, before entering Türkiye, a foreigner should assess not only whether they can obtain a visa but also which type of visa is appropriate for their intended purpose of travel.
Which Foreigners May Be Refused a Visa?
Article 15 of the LFIP regulates the circumstances in which visas may not be granted to foreigners. This provision allows the state to restrict the entry of certain persons into Türkiye in advance within the framework of its visa policy.
Although visa refusal and an entry ban may produce similar practical consequences, they are not legally identical measures.
Refusal of a visa at the application stage means that the foreigner has not obtained one of the prerequisites necessary for entering Türkiye. By contrast, an entry ban is a specific legal mechanism that directly prohibits the person from entering Türkiye for a certain period.
This distinction is also important in determining which legal remedies may be available to the foreigner against the relevant measure.
Is It Possible to Cancel a Visa?
Article 16 of the LFIP contains provisions concerning the cancellation of visas that have already been issued. The issuance of a visa does not mean that the visa can never be withdrawn. Where the conditions established by law are satisfied, a visa may be cancelled.
This provision demonstrates the dynamic nature of the visa system.
The circumstances existing on the date on which a person receives a visa may subsequently change, or a legal issue may arise concerning the information on which the issuance of the visa was based. In such circumstances, the competent authorities may take action within the framework established by the Law.
What Is an Airport Transit Visa?
Article 14 of the LFIP regulates the institution of the airport transit visa. This type of visa may be relevant to certain foreigners who will transit through the airport transit area without directly entering Türkiye.
An airport transit visa differs from a visa that permits a person to stay ordinarily in Türkiye.
The purpose of a transit visa is not to authorize the person to reside in Türkiye or move freely within the country, but rather to satisfy the legal requirements applicable to transit through the relevant airport transit area.
For this reason, foreigners should carefully assess whether the type of visa they hold corresponds to their intended travel arrangements.
Are the Visa Validity Period and the Permitted Period of Stay in Türkiye the Same?
The validity period of a visa and the period during which a foreigner may actually remain in Türkiye must be distinguished from one another.
A visa forms part of the authorization mechanism governing travel and entry into Türkiye. The period of stay in Türkiye is determined according to the foreigner’s visa, visa exemption, and other applicable rules.
Accordingly, the dates during which a visa is valid and the maximum number of days the foreigner may remain in the country are not necessarily the same concept.
Failure to distinguish between these concepts may result in a foreigner remaining in Türkiye longer than legally permitted and consequently facing various administrative consequences.
Therefore, before entering Türkiye, a foreigner should check not only the start and expiry dates of their visa but also how many days they are permitted to remain in Türkiye.
How Is the Right to Stay in Türkiye Determined?
A foreigner’s lawful presence in Türkiye after entry into the country depends on the continued fulfillment of a number of conditions.
Being in Türkiye under a visa or visa exemption may, in certain circumstances, allow a foreigner to remain in the country without obtaining a residence permit. However, if the permitted period is exceeded or the foreigner’s purpose of stay changes, a different legal status may become necessary.
Accordingly, three fundamental questions should be asked when assessing the right to stay in Türkiye:
First: Under which legal status did the foreigner enter Türkiye?
Second: For how long does that status permit the foreigner to remain in Türkiye?
Third: If the foreigner needs to stay longer in Türkiye, is a residence permit or another legal status required?
The answers to these questions play a fundamental role in determining the foreigner’s legal position in Türkiye.
How Is Departure from Türkiye Carried Out?
Article 5 of the LFIP regulates entry into and departure from Türkiye together. As a general rule, foreigners depart from Türkiye through border gates using a valid passport or a document substituting for a passport.
Departure from Türkiye does not constitute a general system under which every foreigner must obtain a separate “departure permit.”
Nevertheless, depending on the circumstances of the case, it may be relevant whether the foreigner is subject to an ongoing administrative procedure, a removal decision, administrative detention, or another legal restriction.
Therefore, departure from Türkiye is not merely a matter of presenting a travel document; it is also a process in which the border authorities conduct the necessary checks.
The Legal Importance of Entry and Departure Rules
The rules governing the entry of foreigners into and their departure from Türkiye are a natural consequence of the state’s sovereign authority. Every state has the authority to regulate who may enter its territory, under what conditions they may do so, and how persons may leave the country.
However, this authority is not unlimited.
International agreements to which Türkiye is a party, human rights standards, and the safeguards established within the LFIP itself constitute legal boundaries that the administration must take into consideration when taking measures concerning foreigners.
In particular, the principle of non-refoulement constitutes a fundamental safeguard requiring the risks to the foreigner’s life and freedom in the country to which they may be sent to be taken into consideration.
Thus, while the LFIP recognizes the state’s authority over migration management and border control, it also establishes legal limitations designed to protect the fundamental rights of foreigners.
What Is the Difference Between an Entry Ban, a Visa, and a Residence Permit?
In practice, three fundamental concepts may be confused with one another: visa, entry ban, and residence permit.
A visa is one of the legal instruments involved in a foreigner’s travel and entry into Türkiye.
An entry ban is an administrative measure prohibiting a foreigner from entering Türkiye for a specified period.
A residence permit is a legal status that enables a foreigner, after entering Türkiye, to remain in the country for a specified period and purpose under the conditions established by law.
Distinguishing between these three concepts is extremely important.
For example, a foreigner may have obtained a visa but may also be subject to an entry ban. Similarly, a foreigner who enters Türkiye under a visa exemption may need to consider the rules governing residence permits if they wish to remain in Türkiye longer than the period permitted under the applicable exemption.
Therefore, determining whether a foreigner is lawfully present in Türkiye cannot be reduced to the question of “Does the person have a visa?”
The Balance Between Public Order and Human Rights under the LFIP
One of the fundamental characteristics of the LFIP is that it seeks to establish a balance between public order and the protection of individual rights.
The state’s authority to control its borders, implement a visa regime, prevent certain persons from entering the country, or impose administrative measures it considers necessary for public security constitutes part of its sovereign authority.
However, the rule of law and safeguards concerning fundamental rights must also be taken into consideration when exercising these powers.
The principle of non-refoulement is particularly important for persons seeking international protection.
Therefore, it would be incomplete to assess the LFIP merely as “a law determining how foreigners enter Türkiye.” The Law is also a comprehensive legal system establishing connections between migration management, border security, the legal status of foreigners, and international protection.
General Assessment of the Chapter
Law No. 6458 on Foreigners and International Protection is one of the fundamental laws governing foreigners in Türkiye. The first part of the Law establishes its purpose, scope, and definitions, while also regulating an important fundamental protection principle such as the principle of non-refoulement. Subsequent provisions address matters including the entry of foreigners into Türkiye, document checks, entry bans, and the visa regime.
Within this system, a foreigner generally needs to possess a valid passport or a document substituting for a passport, satisfy the applicable visa or visa-exemption requirements, and have no legal impediment to entering Türkiye.
However, entering Türkiye does not mean that a foreigner may remain in the country for an unlimited period. The duration and purpose of the stay must be assessed separately. Depending on the foreigner’s status, provisions concerning visas, visa exemptions, or residence permits may apply.
In addition, an entry ban, visa refusal, and refusal of entry at the border are different legal measures. Each has its own legal conditions and consequences.
At the same time, the principle of non-refoulement constitutes an important limitation within this system. Although the state has authority over border control and migration management, these powers cannot be exercised in a manner that results in a person being sent to a place where their fundamental rights would be violated.
Conclusion
The entry of foreigners into Türkiye, their stay in Türkiye, and their departure from Türkiye are regulated by specific rules under the Law No. 6458 on Foreigners and International Protection.
In terms of entry into Türkiye, a foreigner generally needs a valid passport or a document substituting for a passport, a visa or visa exemption where required, and must not be subject to any impediment to entry. As a result of the document checks carried out at border gates, it is determined whether the foreigner satisfies the requirements for entering Türkiye.
In addition, entry bans may be imposed on certain foreigners. An entry ban is not the same legal institution as a visa refusal or refusal of entry at a border gate. Each of these measures has different legal requirements and consequences.
With regard to stay in Türkiye, it is necessary to determine the legal status under which the foreigner is present in the country. If a person staying in Türkiye under a visa or visa exemption needs to remain beyond the permitted period, a residence permit or another legal status may become relevant depending on the circumstances of the case.
At the same time, one of the most important safeguards under the LFIP is the principle of non-refoulement. Although the state possesses authority over border control and migration management, these powers cannot be exercised in a manner that results in a person being sent to a place where their fundamental rights would be violated.
In conclusion, the LFIP does not address the legal status of foreigners solely at the moment of entry into the country. Rather, it regulates entry, stay, departure, visas, entry bans, and international protection as interconnected components of a comprehensive legal system.
Therefore, when assessing the legal status of a foreigner in Türkiye, it is not sufficient to consider a single document or administrative measure. The foreigner’s nationality, travel document, visa or visa exemption, purpose of entry into Türkiye, duration of stay, residence status, whether the person is subject to an entry ban, and, where applicable, any international protection application must be assessed together.
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