Overstay and entry bans
Short answer
You overstay when you stay in Türkiye longer than your visa, visa-free period, residence permit or work permit allows. Göç İdaresi calls this a violation of the right of legal stay.[3] The fee for the overstayed time is still collected, and Göç İdaresi says the amount depends on your nationality, the length of the overstay and your age, and can be learned at the border gate when you leave.[5][7] Overstaying by more than ten days is a ground for a removal (deportation) decision under Law No. 6458.[1] Göç İdaresi’s explanation dated 9 June 2020 links the length of an entry ban to the length of the overstay; ask your provincial migration directorate or YİMER (157) for the current practice.[3][6]
What counts as a violation
Göç İdaresi uses the term “violation of the right of legal stay” (yasal kalış hakkı ihlali). Its explanation names five kinds: overstaying a visa, a visa exemption, a residence permit, a work permit or a work permit exemption.[3] In everyday English this is called an overstay. The Turkish texts speak of a visa violation (vize ihlali) or a residence permit violation (ikamet izni ihlali).
Some common situations:
| Situation | What the official texts say |
|---|---|
| Your visa or visa-free period ended and you did not apply for a residence permit | Visa violation. Applications made within ten days of the end of a visa or visa exemption are still received by the directorate.[2] |
| Your residence permit expired and you did not apply for an extension in time | Residence permit violation for the time after expiry.[1][7] |
| You missed your appointment after your legal stay ended | The directorate acts on a visa violation (first application) or a residence permit violation (extension).[5] |
| Your residence permit expired and you still have a visa or visa exemption | Göç İdaresi says you cannot use your visa or visa exemption after your residence permit ends.[4] |
| You entered after using 90 days in 180, on the condition of applying within ten days, and did not apply | The whole time from entry to exit counts as a visa violation, and the fee is calculated from the day of entry.[2] |
Time spent in police custody, in prison as a detainee or convict, under administrative detention, or in a removal centre does not count as a violation after the authorities take action. Any violation from before that time is still dealt with under the general rules.[2][5]
After a refusal or a non-extension: how long you may stay
| Your situation | What the official texts say |
|---|---|
| Your extension application was refused, or your residence permit request was refused | You receive a fee-free document that lets you stay in Türkiye for up to ten days only.[2] |
| Your extension was refused and you did not leave within ten days | This is a ground for a removal decision.[1] |
| You came with a visa or visa exemption, your residence permit request was refused, and your visa or visa-free period is still running | The Regulation lists you among the people for whom a removal decision is not taken, while you are within that visa or visa-free period.[2] |
| A removal decision was taken and it gives you time to leave | The Law sets this period at 15 to 30 days, stated in the decision. You receive a Leave Permit (Çıkış İzin Belgesi), free of charge. Visa and residence fees and their penalties still apply.[1] |
The Law also lists cases in which no time to leave is given, for example people who are at risk of absconding or who used false documents.[1] Our page on extending a residence permit explains the ten-day document in the context of an extension, and refusal and cancellation explains when you can apply again.
The overstay fee
If you did not get or did not extend a residence permit, the fee for the time you stayed beyond your permitted period is still collected. The Law on Fees says it is collected with one additional multiple, without a penalty or late interest.[7] Göç İdaresi says the amount differs by nationality, the length of the overstay and age, and that you can learn the amount at the border gate when you leave.[5]
We do not repeat the fee tables here. See residence permit fees for the current tariff.
Unpaid amounts have further effects:
- Residence permit applications from people who have not paid debts arising from a visa violation or an earlier residence permit are refused.[2]
- The Law says a visa is not issued to people who do not agree to pay such debts.[1] Göç İdaresi’s visa FAQ says these people are not allowed to enter Türkiye.[4]
- The Law also allows the governorate to make your admission to Türkiye subject to prior permission because of unpaid administrative fines and public debts.[1]
Entry bans
Legal basis
Article 9 of Law No. 6458 is the legal basis for entry bans.[1] In short:
- The entry of foreigners who are removed from Türkiye is banned by the Presidency of Migration Management or the governorate.[1]
- An entry ban lasts at most five years. Where there is a serious threat to public order or public security, it can be extended by up to ten more years.[1]
- For people who are invited to leave under Article 56 (after a removal decision) and leave within the period given, the Law allows the authorities not to impose an entry ban. It does not require this.[1]
- The Presidency of Migration Management can lift an entry ban, or allow entry for a set period while keeping the ban in place.[1]
Ban lengths in Göç İdaresi’s explanation dated 9 June 2020
Göç İdaresi published an explanation on 9 June 2020 on entry bans for people who violated their right of legal stay. The figures below come from that explanation. It is several years old, so ask your provincial migration directorate or YİMER (157) for the current practice before you rely on it.[3][6]
No entry ban, according to the explanation, if all of these apply:[3]
- your violation is shorter than 3 months,
- you come to the border on your own to leave, before the authorities detect the violation, and
- you pay the administrative fines arising from Law No. 492 on Fees.
This describes the 2020 practice; it is not a promise that no ban will be applied in your case.
Ban of 1 month to 5 years, if your violation is 3 months or longer, you come to the border on your own before it is detected, and you pay those fines:[3]
| Length of the violation | Entry ban |
|---|---|
| 3 months to 6 months | 1 month |
| 6 months to 1 year | 3 months |
| 1 year to 2 years | 1 year |
| 2 years to 3 years | 2 years |
| More than 3 years | 5 years |
Ban of 3 months to 5 years in other cases listed in the explanation. Examples relevant to residence permits:[3]
- you come to the border on your own but do not pay the fines,
- your residence permit request was refused or your permit was cancelled, and you did not leave within the time given to you (whether or not you pay the fines),
- you entered on the condition of applying for a residence permit within ten days and did not apply (whether or not you pay the fines),
- you were removed with an escort.
For these cases the explanation gives:[3]
| Length of the violation | Entry ban |
|---|---|
| Up to 3 months | 3 months |
| 3 months to 6 months | 6 months |
| 6 months to 1 year | 1 year |
| 1 year to 2 years | 2 years |
| More than 2 years | 5 years |
The explanation does not say how a violation that falls exactly on a boundary (for example exactly 6 months) is classified. Ask the directorate if this matters for you.
How you learn about an entry ban
The Law says notice of an entry ban is given by the authority at the border gate when you arrive, or by the governorate for people who were removed. The notice must explain how you can challenge the decision.[1] For appeals, see our separate page.
Entering with an entry ban
Göç İdaresi’s visa FAQ says that a person with an entry ban must apply to a Turkish mission abroad for a visa with a special annotation, even if their nationality is normally visa-exempt.[4] Whether such a visa is issued is decided by the authorities.
Removal (deportation) grounds linked to residence
Article 54 of Law No. 6458 lists the people about whom a removal decision is taken. These grounds are directly linked to visas and residence permits:[1]
| Article | Ground |
|---|---|
| 54/1-e | Exceeding a visa or visa-free period by more than ten days, or having a visa cancelled |
| 54/1-f | Having a residence permit cancelled |
| 54/1-g | Holding a residence permit and exceeding its end date by more than ten days without an acceptable reason |
| 54/1-j | Not leaving Türkiye within ten days after an extension application is refused |
The Implementing Regulation lists people for whom a removal decision is not taken. Among them are people who come to the border on their own to leave after overstaying a visa, visa exemption or residence permit by more than ten days, and people whose extension was refused and who come to the border on their own to leave after the ten days.[2] Even then, the entry ban rules above can apply.[3]
This page does not cover the removal procedure, administrative detention or the rules of removal centres.
If your permit is about to expire
- Apply for an extension in time. You can apply from 60 days before your permit expires, and you must apply before it expires.[1] See extending a residence permit.
- If your reason for staying has changed, see switching residence permit type.
- If you plan to leave, check the date your permit ends. Göç İdaresi says you cannot switch to your visa or visa exemption after the permit ends.[4]
- If you are unsure about your status, contact your provincial migration directorate or YİMER: 157 from inside Türkiye, +90 312 157 11 22 from abroad.[6]
Nothing on this page means that a permit, an extension or an entry will be granted. The authorities decide each case.
Related pages
Sources
- Yabancılar ve Uluslararası Koruma Kanunu (Kanun No. 6458), Art. 7, 9, 10, 15, 24, 54, 56. mevzuat.gov.tr, accessed .
- Yabancılar ve Uluslararası Koruma Kanununun Uygulanmasına İlişkin Yönetmelik, Art. 21/2, 22/10, 22/11, 24, 52/1; Provisional Art. 1/3, 1/4, 1/5. mevzuat.gov.tr, accessed .
- Yasal Kalış Hakkı İhlalinde Bulunan Yabancılara Uygulanacak Giriş Yasaklarına İlişkin Açıklama (09.06.2020), Items 1 to 4. Göç İdaresi Başkanlığı, accessed .
- Vize (Sıkça Sorulan Sorular), Questions 3, 4, 17. Göç İdaresi Başkanlığı, accessed .
- İkamet (Sıkça Sorulan Sorular). Göç İdaresi Başkanlığı, accessed .
- İkamet Genel Bilgiler. Göç İdaresi Başkanlığı, accessed .
- Harçlar Kanunu (Law No. 492), consolidated text, Tariff (6) part III. mevzuat.gov.tr, accessed .