HUMANITARIAN RESIDENCE PERMIT

A. What is a Humanitarian Residence Permit and Under What Circumstances Is It Granted?
A "humanitarian residence permit" is the type of residence permit issued to individuals deemed necessary to remain in Turkey for humanitarian reasons. Article 46 and subsequent regulations of the Law on Foreigners and International Protection contain the basic rules on this matter. A humanitarian residence permit is a type of residence permit issued under the special conditions and under special circumstances specified in this article. It is an exceptional residence permit.
These situations can be listed as follows:
• A humanitarian residence permit can be granted if it is in the child's best interests. The principles determining whether the child's best interests exist are well-established in practice. Therefore, the circumstances of the specific case must be evaluated to determine whether it is in the child's best interests.
• A humanitarian residence permit can be granted if there is a deportation order or a ban on entry to Turkey, but departure from Turkey is not possible or unreasonable.
• Foreigners who cannot be subject to a deportation order, as stipulated in Article 55 of the Law on Foreigners and International Protection, may be granted a humanitarian residence permit if a deportation order is requested but cannot be obtained.
ARTICLE 55
Those who will not be subject to deportation orders – (1)
Even if they fall within the scope of Article 54, the following foreigners will not be subject to deportation orders:
a) Those with serious indications that they will be subject to the death penalty, torture, inhuman or degrading punishment or treatment in the country of destination.
b) Those deemed risky to travel due to serious health problems, age, or pregnancy.
c) Those who are currently undergoing treatment for life-threatening illnesses but cannot afford treatment in the country of destination.
ç) Victims of human trafficking who are benefiting from victim support services.
d) Victims of psychological, physical, or sexual violence until their treatment is completed.
This permit may be granted to the foreigner in question when a lawsuit is filed to annul the deportation order, that is, the deportation order, pursuant to Article 53 of the Law on Foreigners and International Protection.
A humanitarian residence permit may be issued to a foreigner who has applied for international protection if the application is deemed "inadmissible" or if the foreigner appeals against the decision that the application has been withdrawn or "deemed withdrawn."
A humanitarian residence permit may be issued for the duration of the foreigner's return to the country of first asylum or to a safe third country.
It may also be issued if, due to urgent reasons, certain foreigners who must be allowed to enter and remain in Turkey to protect the interests of the country and maintain public order and security are unable to apply for other types of residence permits.
A humanitarian residence permit may be issued to the foreigner who has applied under certain extraordinary circumstances. There are no clear provisions in the legal regulations regarding what constitutes a state of emergency. Similarly, an assessment must be made by comparing the specific circumstances of the specific case with the accepted situations in practice.

B. WHAT ARE THE REASONS FOR REJECTION?
If an applicant is eligible for one of the other types of residence permits, their humanitarian residence permit application will still be rejected. This is because a humanitarian residence permit is exceptional and cannot be granted while other types of residence permits can be obtained. Even if the conditions stipulated in Article 46 are met, priority is given to other types of residence.
INTERNATIONAL PROTECTION
NOTE: DECISIONS REPORT WHEN AFGHANISTAN FOREIGNERS APPLIED FOR INTERNATIONAL PROTECTION, AND WHEN THEIR REQUESTS WERE REJECTED, A CASE FOR CANCELLATION OF THE PROCEDURE WAS FILED, AND THE PROCEDURE WAS CANCELLED AND PROTECTION WAS PROVIDED. (Council of State, 10 D., 25.10.2016, 3517/3851)
International protection is divided into three types: refugee status, conditional refugee status, and subsidiary protection. The distinction between refugees and conditional refugees is made based on the country of origin of these individuals. If an individual seeking international protection in Turkey comes from Europe, they are considered a refugee; if they come from a country outside of Europe, they are considered a conditional refugee. Those eligible for subsidiary protection are individuals who do not qualify as refugees or conditional refugees, but who may face adverse conditions specified by law upon return to their home country.
REFUGEE: This refers to the status granted, following status determination procedures, to a foreigner who is outside their country of citizenship due to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion, and who is unable or unwilling to benefit from the protection of that country due to such fear, or to a stateless person who is outside their country of previous residence as a result of such events and is unable or unwilling to return there due to such fear.
CONDITIONAL REFUGEE: This refers to the status granted, following status determination procedures, to a foreigner who is outside their country of nationality due to a well-founded fear of persecution due to their race, religion, nationality, membership in a particular social group, or political opinion due to events occurring in European countries; This refers to the status granted, following status determination procedures, to a foreigner who is outside his or her country of citizenship due to a well-founded fear of persecution due to his or her race, religion, nationality, membership in a particular social group, or political opinion, and who is unable or unwilling to benefit from the protection of that country, or to a stateless person who, as a result of such events, is unable or unwilling to return to his or her country of previous residence.

A conditional refugee is allowed to remain in Turkey until resettlement in a third country.

Turkey has acceded to the 1951 Geneva Convention with a "Geographical Restriction" by exercising the right to choose a location stipulated in Article 1. Accordingly, a conditional refugee is a person who, due to events occurring outside Europe, claims to meet the criteria stipulated in the refugee definition and requests international protection from Turkey to seek asylum in a third country.

SECONDARY PROTECTION STATUS:
A person who cannot be considered a refugee or conditional refugee, but is returned to his or her country of origin or residence;

This refers to the status granted to a foreigner or stateless person, following status determination procedures, who: a) will be sentenced to death or will be subjected to execution of the death penalty;
b) will be subjected to torture, inhuman or degrading punishment or treatment;
c) will face a serious threat to their person due to indiscriminate acts of violence in situations of international or national armed conflict; and who cannot, or does not wish to, benefit from the protection of their country of origin or residence due to such threat.

C. HOW TO APPLY?

1. APPLICATION CANNOT BE MADE THROUGH A LAWYER. The applicant may also apply on behalf of accompanying family members based on the same grounds.

2. Applications must be submitted to the KUMKAPI Coordination Center. The interview time and location will be notified during registration. The applicant will be interviewed. Applications will be finalized within 6 months.

3. DECISION: When making an application decision, the general conditions of the country of origin or previous residence and the applicant's personal circumstances will be taken into consideration. If the applicant can be provided protection against persecution or serious harm in a specific region of their country of citizenship or previous residence, and if the applicant is able to travel and settle safely in that region, the applicant may be determined not to be in need of international protection.

4. FOR REGISTRATION:
 The applicant's identity and passport information, including travel information.

 The applicant's reasons for leaving their country of origin or residence.

 Events that occurred after leaving their country and led to their application.

 How they entered Turkey, their travel routes, and their transportation information.

 If they have previously applied for or benefited from international protection in another country, information and documents related to this application or protection will be collected.

5. The applicant is required to reside in the designated province, but a change of residence may be granted for health reasons, kinship reasons, etc.

6. FOR REFUGEES, CONDITIONAL REFUGEES, AND THOSE GIVEN SUBSIDARY PROTECTION STATUS:

A one-year International Protection Applicant Identification Document, stating their request for international protection and including their foreigner ID number, will be issued to the applicant and any accompanying family members upon completion of the interview. The identity documents of those whose applications are not finalized will be renewed every one year. The ID document is not subject to any fees and replaces a residence permit. (The deadlines have been abolished in the law, but this is stated as such on the Immigration Administration's website.)
International protection applicants whose applications are deemed suitable are granted international protection status (refugee, conditional refugee, subsidiary protection). Those granted refugee, conditional refugee, and subsidiary protection status are issued an identity document containing their foreigner identification number, valid for three years, starting from the date of the decision. According to Articles 85 and 86 of the Turkish Commercial Code (YUKK) No. 6458, the foreigners' statuses are renewed every three years until they expire or are canceled. These ID documents are not subject to any fees and replace a residence permit. (THE PERIODS HAVE BEEN REMOVED FROM THE LAW, BUT THEY ARE WRITTEN LIKE THIS ON THE WEBSITE OF THE IMMIGRATION MANAGEMENT) **The procedures and principles regarding the form, content, validity period and extension of identity documents are regulated by the Ministry.

D. RIGHTS THEY CAN BENEFIT

• They can benefit from education and training with an identity document issued to them or their families.
• Applicants or international protection beneficiaries who are in need may be provided access to social assistance and services.
• Applicants or international protection beneficiaries who do not have any health insurance and cannot afford to pay are subject to the provisions of the Social Security and General Health Insurance Law No. 5510, dated May 31, 2006, for one year from the date of registration of their international protection application. An allocation is allocated to the General Directorate's budget to pay the premiums for those who will benefit from general health insurance.
• Those who do have health insurance or the ability to pay, or who are later determined to have applied solely for medical treatment, must notify the Social Security Institution within ten days of terminating their general health insurance, and the treatment and medication expenses incurred will be reimbursed to the relevant parties.
• Applicants or conditional refugees may apply for a work permit six months after the date of their international protection application.
• A refugee or a holder of subsidiary protection status may work independently or dependently after receiving their status. Provisions in other legislation regarding jobs and professions in which foreigners are prohibited from working are reserved. THE IDENTITY CERTIFICATE ISSUED TO A REFUGEE OR A HOLDER OF SUBSIDARY PROTECTION STATUS ALSO REPLACES A WORK PERMIT, AND THIS STATUS IS RECORDED ON THE IDENTITY CERTIFICATE.
• An applicant identified as needy may be granted an allowance, subject to the procedures and principles determined by the Ministry, after obtaining the approval of the Ministry of Finance.
ARTICLE 90
Obligations – (1)
In addition to the obligations set forth in this Section, the applicant or a holder of international protection status shall;
a) To report current information regarding employment status within thirty days,
b) To report income, movable and immovable assets within thirty days,
c) To report any changes in address, identity, and marital status within twenty working days,
ç) To reimburse the costs, in full or in part, if it is determined that the person has unjustly benefited from services, assistance, and other opportunities provided to them,
d) To fulfill the requests of the Directorate General within the framework of this Section.
(2) Those who fail to comply with the obligations set forth in this Section, and those whose applications and international protection status have been negatively decided, may be subject to restrictions on their enjoyment of other rights, with the exception of the right to education and basic healthcare. The assessment of any restrictions shall be made individually. The decision shall be notified in writing to the relevant person, their legal representative, or their lawyer. If the relevant person is not represented by a lawyer, they or their legal representative shall be informed of the outcome of the decision, the appeal procedures, and the deadlines.

E. REASONS FOR APPLICATION REJECTION
ARTICLE 72 - Inadmissible Application
If the applicant:

a) Renews the same application without citing a different justification,
b) Submits a separate application without citing a valid reason at any stage of the application after consenting to the application being submitted on their behalf, or after the application was rejected, without citing a different justification,
c) Arrived from the first country of asylum where they were previously identified as a refugee and benefited from protection,
ç) Arrived from a safe third country where they sought protection, the application will be deemed inadmissible.
(2) If the circumstances specified in the first paragraph arise at any stage of the evaluation, the evaluation will be suspended.
(3) The decision declaring the application inadmissible will be notified to the applicant, their legal representative, or their lawyer. If the person concerned is not represented by a lawyer, they or their legal representative shall be informed of the outcome of the decision, the appeal procedures, and the deadlines.

Article 85 - Termination of International Protection Status
(1) If the person granted international protection status:
a) Voluntarily re-benefits the protection of the country of their citizenship,
b) Voluntarily regains their lost citizenship,
c) Has acquired a new citizenship and benefits from the protection of the country of their citizenship,
ç) Has voluntarily returned to the country they left or were outside of due to fear of persecution,
d) Is able to benefit from the protection of the country of their citizenship because the conditions that led to the granting of the status have ceased,
e) Is stateless and able to return to their former country of residence because the conditions that led to the granting of the status have ceased,
f) (Added: 6/12/2019-7196/Article 86) Subject to the provisions of Article 84; International protection status terminates if the person voluntarily leaves Turkey, benefits from the protection of a third country, is admitted to a third country for humanitarian reasons or resettlement, departs for a third country, or dies.
(2) In examining subparagraphs (d) and (e) of the first paragraph, consideration is given to whether the conditions that led to the granting of the status have disappeared or have changed significantly and permanently.
(3) The status terminates when the conditions that led to the granting of subsidiary protection status have disappeared or have changed to a degree that no longer requires protection.

Whether the changes in the conditions that led to the granting of subsidiary protection status are significant and permanent is also taken into consideration.
(4) If the conditions specified in the first and third paragraphs arise, the status may be re-evaluated. After the person is informed in writing that their status has been re-evaluated and the reasons given, they will be given the opportunity to present their reasons, either orally or in writing, for continuing their status. (5) The termination decision, which includes the material reasons and legal basis, is notified to the relevant person, their legal representative, or their attorney. If the relevant person is not represented by an attorney, they or their legal representative will be informed of the outcome of the decision, the appeal procedures, and the deadlines.

ATTORNEY AYŞEGÜL ÖTER
U&T Law - U&T Law and Consulting