V–70 Restriction Code: What Is It and How Is It Removed?
- Among the administrative sanctions applied to foreigners in Türkiye under “sham marriage,” the V-70 restriction code holds an important place.
- The application of this code can lead to cancellation of residence permits, deportation, and a five-year entry ban to Türkiye, which are severe consequences.
- However, there are also situations where the V-70 code is imposed unjustly or improperly. In such cases, there are legal avenues for annulling or lifting this code.
- This article explains step-by-step what the V-70 restriction code is, when it is imposed, its consequences, and how it can be lifted.
1. What Is the V-70 Restriction Code?
- The V-70 restriction code is an entry-ban code recorded in the registry of a foreigner in Türkiye when it is determined that the person has entered into a sham (purely formal) marriage for the purpose of obtaining a residence permit or acquiring citizenship.
- When this code is applied, the person:
- If there is an existing family residence permit, that permit is cancelled.
- A Türkiye entry ban (generally 5 years) is imposed. This period may be extended by another 5 years.
- New residence-permit applications are automatically rejected or this code is taken into account during evaluation.
- In other words, the V-70 code is not only an “entry ban”; it is also an administrative sanction directed at the person.
2. Core Conditions for the V-70 Code: When Is It Imposed?
2.1 Detection of a Sham Marriage
- To impose the code, there must be concrete findings that the marriage is not genuine and was entered into for formal purposes. Merely saying “they don’t live in the same house” is not sufficient.
- Criteria such as the spouses’ cohabitation, the continuity of the marital union, and living together economically, financially, and socially are evaluated.
- The detection of a sham marriage is often made through investigations, inspections, statements, and administrative inquiries.
2.2 Relevant Legislation
- The Law on Foreigners and International Protection No. 6458 regulates administrative sanctions and the conditions for permits applied to foreigners. The V-70 code is an example of an administrative sanction based on this legislation.
- The restriction code system is a mechanism used by the migration authority to impose certain constraints on the foreigner’s record.
2.3 Practical Confusion & Mistaken Coding
- In some cases, even though the marriage is genuine, the code may be imposed on the grounds that it is “a sham.”
- In such unjust applications, the annulment of the code can be requested through legal remedies.
3. Legal Consequences of the V-70 Restriction Code
Consequence
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Description
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Cancellation of residence permit
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The existing family residence permit is cancelled due to the allegation of a sham marriage.
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Entry ban
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Generally, a five-year entry ban to Türkiye is imposed. This period may be extended by another five years.
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Rejection/evaluation of new applications
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Without lifting the code, new residence applications are rejected or subjected to a special evaluation.
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Deportation
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A foreigner with an imposed code may be deported through administrative procedures.
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- The duration of the entry-ban code is generally applied as 5 years; at the end of this period, the effect of the ban may lapse automatically. In practice, the period is often extended. However, sometimes the code is lifted without extension.
- Nevertheless, once the code is lifted, it becomes possible to submit a new residence-permit application.
4. Lifting the V-70 Restriction Code: Paths & Procedures
There are two main avenues to lift the V-70 code:
4.1 Administrative Objection (Application to the Authority)
- A reasoned objection petition must be submitted to the competent authority within 60 days from the notification of the code.
- If the administration does not respond within 30 days, a tacit (implied) rejection is deemed to have occurred and the matter may be taken to court.
- In the objection, it is important to present concrete evidence showing that the marriage is genuine and that the marital union continues.
4.2 Annulment Action (Application to the Court)
- If the administrative objection is rejected, or for those who wish to file directly, an annulment action is filed.
- Together with the lawsuit, a request for stay of execution may be submitted; if the court deems it appropriate, the administrative action is suspended until the case is concluded.
- If the court rules in favor of the plaintiff, the V-70 code is annulled and the person may apply for a residence permit again.
- Appeals to the regional administrative court (istinaf) and cassation (temyiz) remedies may be used against the judgment.
4.3 Other Considerations & Alternative Route
- Visa with annotation (justified/special-purpose visa): Despite the V-70 code, an application for a visa with annotation can be made for special reasons (family, health, education, etc.). However, such a visa does not automatically lift the code; the authority has discretion.
- Passage of time (limitation): If the entry-ban period (e.g., 5 years) is completed, the effect of the code may lapse; however, this does not automatically constitute lifting the code.
5. Practical Points to Note & Defense Strategies
5.1 Evidence Gathering and Preparation
- Evidence that the marital union is genuine is crucial: joint address, bank records, bills, witness statements, photographs, jointly issued documents, etc.
- Concrete documents should be prepared showing that the spouses live together, share financial responsibilities, and act together in social life.
- Possible missing documents or inconsistencies should be identified before applying, and the defense should be prepared comprehensively.
5.2 How Should the Objection Petition Be Drafted?
- The reasons for which the code was imposed and the allegations on which it is based should be refuted one by one.
- The evidence mentioned above should be presented systematically.
- Citing legislation and case-law (e.g., Council of State decisions) is advantageous.
- Pay attention to time limits (60 days). If the time limit is missed, the right to sue is lost.
- The content of the petition is important. Drafting with a lawyer is advisable. Because issues detrimental to the applicant included in the petition may later be used against them by the Presidency of Migration Management. It is essential that the content be proper, accurate, and clear.
5.3 Steps to Follow During Court Proceedings
- The request for stay of execution must definitely be included in the petition.
- The presentation of court precedents, a persuasive defense to the judge, and the submission of petitions and evidence should be strategic.
- Appeals (istinaf) and cassation (temyiz) must be filed on time.
- If necessary, expert examination may be requested, and relevant legal opinions may be submitted.
5.4 Risks & Challenges
- There may be difficulties such as the allegations underlying the code stemming from information and investigations by public institutions, evidence being confidential, or inaccessible.
- The court process can be lengthy.
- Technical errors during application (missing deadlines, incomplete documents, etc.) can adversely affect the case.
- Lifting the V-70 code does not automatically mean acquiring a residence right; the application requirements must be satisfied anew.
6. Conclusion & Recommendations
- The V-70 restriction code is a serious administrative sanction applied on the basis of sham-marriage allegations.
- If the code has been imposed, an administrative objection and/or an annulment action must be filed swiftly and with the right evidence.
- Evidence collection, timing, and legal strategy play a critical role in this process.
- Seeking support from a specialist lawyer helps avoid mistakes and increases the chance of success.
Frequently Asked Questions (FAQ) About the V-70 Restriction Code
1. What is the V-70 restriction code?
The V-70 restriction code is an administrative restriction imposed by the Presidency of Migration Management in Türkiye upon suspicion or determination that a foreigner has entered into a sham (formal) marriage to obtain a residence permit or acquire citizenship.
If a sham marriage is found, the person’s residence permit is cancelled and an entry ban to Türkiye of up to five years is imposed. The lawsuit should be filed in Ankara.
2. To whom and under what circumstances is the V-70 code applied?
The V-70 code may be applied in the following cases:
- The view that a marriage to a Turkish citizen is not a genuine marriage and serves solely the purpose of obtaining a residence permit or citizenship.
- The spouses not living together, inconsistencies in the joint address declaration, or submission of forged documents.
- Determinations by the Civil Registry, Police, or the Presidency of Migration Management that the marital union does not in fact exist. However, these determinations must be based on concrete evidence.
3. Can a person with the V-70 code enter Türkiye?
No. While the V-70 code is active, the person is subject to a five-year entry ban to Türkiye.
However, by way of exception:
- A visa with annotation (special-purpose entry) may be requested (e.g., for health or education reasons).
- Such visas do not automatically lift the entry ban but may, at the administration’s discretion, allow temporary entry.
4. How is the V-70 restriction code lifted?
There are two ways to lift the V-70 code:
a. Administrative application (objection)
- A reasoned objection must be submitted to the relevant authority within 60 days from learning of the code.
- Evidence demonstrating that the marriage is genuine (joint address, photos, witness statements, etc.) must be submitted.
- If the administration does not respond within 30 days, tacit rejection occurs and a lawsuit must be filed. Otherwise, the right to sue may be lost.
b. Annulment action (judicial process)
- An annulment action is filed against the administrative rejection decision.
- In the lawsuit, the unlawfulness of the grounds of the administrative act and the genuineness of the marriage are proven.
- The request for stay of execution must also be included in the statement of claim.
5. Does the residence permit automatically return after the code is lifted?
No. Annulment of the code only removes the entry ban.
To obtain a new residence permit:
- A new application must be made together with documentation showing that the code has been lifted.
- After the Presidency of Migration Management confirms that the code has been lifted, it evaluates the new file.
6. On what evidence is a sham-marriage determination based?
The Presidency of Migration Management and related institutions evaluate the following:
- Whether the spouses live together and whether there is a joint address record.
- Traces of joint life such as social media, bank, insurance, and utility bills.
- Witness statements, neighbors’ declarations, inspection reports.
- The timing of the residence application in relation to the date of marriage.
However, merely not living together does not constitute proof of a sham marriage; other elements must also be present.
7. What is the time limit for objecting to the V-70 code?
The time limit for objection is 60 days from the date the code is notified to or learned by the person.
If no application is made within this period, the right to sue may be lost.
If the objection period has been missed, a “re-examination” request may be made if new evidence can be presented.
8. Can a person with the V-70 code marry in another country and return?
A person can marry in another country; however, upon return to Türkiye, the V-70 code will still appear in the system.
Therefore:
- Documents proving the genuineness of the new marriage (marriage certificate, child, evidence of joint life) should be prepared, and
- An administrative or judicial process should be initiated in Türkiye to annul the code.
9. Does the code automatically lapse when its period expires?
The V-70 code is generally applied for 5 years. When this period ends, the entry ban effectively expires.
However, an administrative cleanup is required to fully remove the code from the system.
In some cases, even though the period has expired, the code may remain active in the database; in this case, a written application to the Presidency of Migration Management is necessary. If it is not accepted, a lawsuit should be filed.
10. Can a stay-of-execution order be obtained against the V-70 code?
Yes. In an annulment action filed with the court, if the person cannot enter Türkiye or suffers harm, a stay-of-execution order may be requested.
If the court concludes that the act is clearly unlawful, it may temporarily suspend the application of the code until the case is finalized.
11. Are there cases where the code is imposed by mistake?
Yes, though they are very rare.
Examples:
- In genuine marriages, suspicion of a sham marriage may arise due to address changes or communication gaps.
- The code may remain active because the system was not updated after a divorce.
- Although a child was born of the marriage, inspection reports may not have been updated.
In such cases, the code can be lifted by submitting evidence to the administration or the court.
12. How long does it take to lift the code?
- Administrative objection process: May be concluded in 1–3 months.
- Administrative lawsuit process: May take 6 months to 1.5 years.
The duration depends on the administration’s response time, the court’s workload, and the strength of the evidence.
13. Is it mandatory to hire a lawyer to lift the code?
It is not mandatory, but it is strongly recommended.
Foreigners law is a technical field. To lift the code:
- Evidence must be correctly presented,
- Deadlines must not be missed,
- The stay-of-execution request must be prepared without deficiencies.
Therefore, conducting the process through a foreigners-law attorney significantly increases the chance of success.
14. How can one prove that the marriage is not a sham?
Proof is possible with the following documents:
- Joint lease agreement, bills, or bank account,
- Joint photographs, wedding documents, witness statements,
- Presence of a child or joint property,
- Social-media records, communication history,
- Statements showing the spouses live together.
These documents can be submitted to the court to prove that the marital union is genuine.
15. Can the V-70 code be reapplied after it is lifted?
Yes, if a new allegation of sham marriage arises for the same person, a new V-70 code may be applied.
For this reason, after the code is lifted, it is important that subsequent procedures (address declaration, marriage documents, residence applications) are done completely and correctly.
16. What happens if the request to lift the code is rejected?
- If the administrative application is rejected, an annulment action may be filed.
- If the lawsuit is also rejected, appeal (istinaf) and, if necessary, cassation before the Council of State (temyiz) can be pursued.
- In addition, if new evidence emerges, a re-evaluation application can be made.
17. Does lifting the code affect family-reunification applications?
Yes, it has a direct effect.
While the V-70 code is active, family-reunification applications are rejected.
Once the code is lifted, the application can be re-submitted and a family-reunification visa can be obtained.
18. Is entry into Türkiye possible during the code-lifting process?
As a rule, it is not possible.
However, if a visa with annotation (e.g., short-term special-purpose entry due to family unity) is obtained, the person may enter Türkiye temporarily.
This is entirely at the discretion of the administration.
19. Does the language of the evidence matter for lifting the code?
Yes.
Documents in a foreign language must be translated into Turkish by a sworn translator.
In addition, documents must bear an apostille in order to be valid in Türkiye.
20. Are there similar codes other than the V-70?
Yes. The V-70 code is specific to detections of sham marriage.
However, there are other restriction codes of a similar nature:
- V-71: Irregularities in family reunification,
- V-84: False statements after termination of marriage,
- G-82: National-security grounds,
- G-87: Person posing a threat to public security.
Therefore, each restriction code requires a tailored assessment.