A foreigner with a deportation decision who falls under YUKK Article 57/2 may be given the alternative obligations in Article 57/A instead of administrative detention; if not detained, at least one is mandatory. Seven options: residence at a designated address, reporting (signature), family-based return, return counselling, public-benefit volunteering, a security deposit and electronic monitoring. Maximum 24 months. The address and reporting duties are the most common.
A foreigner caught staying in Türkiye without a valid permit is reported immediately to the Valilik (Provincial Governorate). The governorate assesses within 48 hours at the latest whether to take a deportation (sınır dışı) decision (YUKK Article 57/1). Administrative detention (idari gözetim) is ordered only for those about whom a deportation decision has been taken and who meet the conditions in Article 57/2. These persons are taken to a removal centre (geri gönderme merkezi) within 48 hours. In other words, there is no deportation decision being "awaited" at the centre; in most cases the decision has already been taken and served, and the 7-day period for filing a case is already running (Article 53/3). What needs to be done in this process: file a court case against the deportation order and challenge the administrative detention order. Not every foreigner who is caught is detained: for foreigners covered by Article 57/2, the alternative obligations in YUKK Article 57/A may be imposed instead of administrative detention. This article explains them.
The Seven Alternative Obligations Under Article 57/A
| Obligation | How does it work? | Who is it suitable for? |
|---|---|---|
| Residing at a designated address | The foreigner lives at the address he or she has declared; any change of address must be reported | Anyone who can document a fixed address |
| Reporting duty (the "imza", signature) | The person goes to the provincial directorate of migration management at set intervals and reports | People with a known address whose risk of absconding is abstract |
| Family-based return | A voluntary return is planned together with the family | Families who agree to return |
| Return counselling | The return process is carried out with counselling support | People who are willing to return |
| Volunteering in services of public benefit | The person takes part in activities of public benefit on a voluntary basis | Cases the administration considers suitable |
| Security deposit (teminat) | The set amount is deposited; if the foreigner does not leave Türkiye within the deposit period (except in cases of force majeure or an ongoing court case) it is recorded as revenue to the Treasury | People with financial means and a low risk of absconding |
| Electronic monitoring | Monitoring is carried out with an electronic device | Cases where the other measures are considered insufficient |
One or several of the alternative obligations may be applied together. The combination seen most often in practice is residence at a designated address together with the reporting duty. The Law also limits the duration of alternative obligations; this period cannot exceed twenty-four months.
Who Decides on the Alternative Obligation?
Alternative obligations are administrative measures; the decision is taken by the administration (the governorate, valilik). They come up in three ways:
- At the outset: the governorate may set an alternative obligation directly, instead of administrative detention, for a foreigner who has a deportation decision against him or her.
- At the monthly review: for a foreigner whose continued administrative detention is not considered necessary, detention is ended and an alternative obligation is imposed; see also administrative detention periods and the monthly review.
- In the objection before the Criminal Judgeship of Peace: when the judgeship lifts administrative detention it may state in its reasoning that the purpose can be achieved with an alternative measure; the administration then sets the obligation.
In the objection filed with the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace), the alternative obligation is presented as a legal argument: "The supervisory purpose can be secured with a lighter measure, therefore holding the person in a closed centre is not necessary." In our sample petition, this request appears in the conclusion-and-request section as the second (alternative) request.
An Alternative Obligation Is Not Judicial Control
Judicial control in criminal proceedings (Article 109 of the Code of Criminal Procedure, CMK m.109) and the obligations under Article 57/A are different institutions. Alternative obligations are not a criminal measure; they are administrative supervision tools applied within the deportation process. The Criminal Judgeship of Peace does not act as an authority that sets "one signature per week" in every file, but as the authority that reviews whether administrative detention is necessary.
How Does the Signature (Reporting) Obligation Work?
The foreigner reports to the provincial directorate of migration management at the intervals set by the administration (in practice weekly or less frequently). Failure to keep up with the reporting counts as a breach of the obligation.
In the case underlying the Constitutional Court's (Anayasa Mahkemesi) Khaled Kadour judgment of 19.01.2022, the foreigner was released from the removal centre by being made subject to residence at the address he had declared and to a signature obligation. This example shows that administrative detention does not have to continue in the form of being held in a closed centre in every situation.
A Security Deposit Is Not "Bail"
Turkish law has no bail system of the kind found in criminal proceedings. The security deposit (teminat) is a guarantee sum given to the administration showing that the foreigner will comply with the obligations; the administration sets the amount. Under the Law, if the foreigner does not leave Türkiye within the deposit period, except in cases of force majeure or where court proceedings have not ended, the deposit is recorded as revenue to the Treasury (YUKK Article 57/A-7). The approach of "whatever the amount is, let us pay it so he gets out" has no legal basis; a deposit is applied only together with the other conditions and at the discretion of the administration.
Electronic Monitoring
Electronic monitoring is the heaviest alternative, applied in cases where the other measures are not considered sufficient. The Law gives the foreigner subject to an electronic monitoring obligation, his or her legal representative or lawyer, the possibility of applying to the Criminal Judgeship of Peace against this decision. The judge decides within five days and the decision is final (YUKK Article 57/A-5).
Where do you challenge the reporting (imza) obligation? The Law sets out a route only for electronic monitoring. The Uyuşmazlık Mahkemesi (Court of Jurisdictional Disputes) has ruled that an application against the reporting (signature) obligation must be heard by the ordinary (civil and criminal) courts (E. 2025/90, K. 2025/428, T. 16.06.2025). In other words, the Sulh Ceza Hâkimliği route is also used against the reporting obligation.
What Happens If the Obligation Is Breached?
A foreigner who does not comply with the alternative obligations may be placed under administrative detention again.
Does the Deportation Order Disappear After Release?
An alternative obligation only replaces being held in a closed centre; it does not remove the deportation decision. The deportation decision, the restriction code (tahdit kodu) and the entry ban concerning the foreigner must be followed separately. During the period of the obligation, the foreigner's residence status is also assessed separately according to the nature of the file.
For the details of this subject you can look at our article on how to get out of a removal centre.
The information on this page is for general guidance only and does not constitute legal advice.
Frequently Asked Questions
Common questions on this topic
1 Can I get out of a removal centre with a signature obligation?
Avukat Esra Ateş
Depending on the circumstances of your file, yes. Residence at a designated address together with the reporting (signature) duty is the most common alternative measure. A fixed address and family ties have to be documented.
2 Who sets the alternative obligation, the judge or the migration administration?
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The administration sets it. When the Sulh Ceza Hâkimliği (Criminal Judgeship of Peace) lifts administrative detention, it may write in its reasoning that the purpose can be achieved with an alternative measure, and the administration then determines the obligation itself.
3 How much is the security deposit (teminat) in Turkey?
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There is no fixed amount in the Law; the administration determines it according to the file. If the obligations are complied with the deposit is returned, and if they are breached it is recorded as revenue to the Treasury.
4 What happens if I miss my signature appointment?
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A foreigner who does not comply with the alternative obligations may be placed under administrative detention (YUKK Article 57/A-6).
5 How long can an alternative obligation last?
Avukat Esra Ateş
Where one or more obligations are imposed, the period cannot exceed twenty-four months (YUKK Article 57/A-2).
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