Touristic Visa, 90/180 Days Rule, Exclusion Order, Deportation and Consequences of Overstay in Turkey Pursuant to Law on Foreigners and International Protection
Şubat 11th, 2017 Burcu DUMAN

90 days in 180 shall apply to foreigners who have a touristic visa. Since the Law on Foreigners and International Protection came into force, in the article 11 it's stated that the foreigners who have touristic visa can stay in Turkey for 90 days within each 180 days in parallel to article 3 of Law No.5683 on Residence and Travels of Foreigners in Turkey. It's a clear provision which refers to the procedure that Law No 5683 applied before.

Duration is counted backwards (if the visa exemption period or visa period is sufficient) as 90 days within the previous 180 days from their date of departure.

With this regulation, the foreigner should apply for residence permit if he/she intends to stay more than 90 days in Turkey. Pursuant to the article 3 of Law No 5683 "duration is calculated, (if the visa exemption period or visa period is sufficient) as 90 days within the previous 180 days from their date of departure".

There has been a ‘significant amendment to the previous 90/180-day visa entry. Previous 90/180 day visa rule: This was calculated on foreigner’s arrival date to Turkey 

 New 90/180 visa rule : This is calculated on foreigner’s departure date from Turkey It is just a case of counting backwards from the foreigner has stayed in Turkey. Always count backwards from the date foreigner leaves Turkey (foreigner's departure date). When foreigner departs from Turkey, count back 180 days (it doesn’t matter if this includes x2 separate visa periods) – and count how many days spent in Turkey during that period.

Remember that foreigner may enter to Turkey no earlier than 90 days after completion of 90 days stay in the country. It should be noted that durations on the Law on Foreigners and International Protection shall NOT apply to foreigners who cancelled their residence and work permits. Since the foreigners have vested rights for residence in Turkey during the work and residence permits, the durations in the period of work and residence permits shall not be calculated.

Pursuant to the article 9 paragraph 4 of the Law on Foreigners and International Protection, the ban on entry issued against foreigners whose visa or residence permit validity has expired, but for whom a deportation decision is taken upon their application to the governorates in order to depart from Turkey prior to the determination of the condition by competent authorities, shall not exceed one year. In case of overstay of less than 15 days, no entry ban (exclusion order) shall apply. However administrative fines are still applicable.

In case of overstay from 16 to 90 days; entry ban of 3 months shall apply in addition to the administrative fines In case of overstay from more than 90 days; entry ban of 6 months shall apply in addition to the administrative fines. A deportation decision may be issued against foreigners who exceed the duration of visa or visa exemption more than 10 days, or those whose visa has been cancelled, according to article 54, paragraph 1-e of above mentioned Law.This means there will be no deportation issued against foreigners who do not exceed the duration of visa or visa exemption up to 10 days.


Tags: turkey, deportation, overstay, days, rule, visa, 90, tourist, foreigner