HUMANITARIAN RESIDENCE PERMIT AND INTERNATIONAL PROTECTION

1. What Is a Humanitarian Residence Permit and When Is It Granted?

 

A humanitarian residence permit is a type of residence permit granted to individuals who, for humanitarian reasons, are required to remain in Türkiye. The main provisions regarding this permit are set out in Articles 46 and following of the Law on Foreigners and International Protection (LFIP). It is a special and exceptional type of residence permit, issued only under specific circumstances defined by law.

 

The main circumstances in which a humanitarian residence permit may be granted include:

 

Best interests of the child: A humanitarian residence permit may be issued if it is in the best interests of a child. The assessment of whether this condition exists depends on the particular facts of the case.

 

Deportation or entry ban situations: If a foreigner is subject to a deportation or entry ban decision but cannot leave Türkiye or it is not reasonable or possible for them to do so, a humanitarian residence permit may be granted.

 

Foreigners who cannot be deported: According to Article 55 of the LFIP, if a deportation order cannot be issued for certain foreigners, they may be eligible for a humanitarian residence permit.

 

Pending international protection appeal: A foreigner who has applied for international protection and whose application has been deemed “inadmissible”, “withdrawn”, or “considered withdrawn”, may be granted a humanitarian residence permit while the judicial appeal process is ongoing.

 

Transfer to a third country: A humanitarian residence permit may be issued for the period during which the transfer of the foreigner to the first country of asylum or a safe third country is being processed.

 

Public order and national interest: Foreigners who must be allowed to enter or remain in Türkiye for reasons related to national interest, public order, or security, but who cannot apply for another type of residence permit, may also be granted a humanitarian residence permit.

 

Extraordinary circumstances: In cases of extraordinary circumstances, a humanitarian residence permit may be issued. The law does not precisely define what constitutes an “extraordinary situation”; thus, it is assessed based on the specifics of the case.

 

1. How to Apply for a Humanitarian Residence Permit

 

Applications for a humanitarian residence permit must be made in person to the Provincial Directorate of Migration Management in the province where the foreigner is physically present.

Applications cannot be made online through the e-ikamet (e-residence) system.

 

1. Reasons for Rejection of a Humanitarian Residence Permit

 

A humanitarian residence permit will be rejected if the applicant qualifies for any other type of residence permit, since this permit is exceptional in nature.

Even if the applicant meets the requirements under Article 46 of the LFIP (Law No. 6458), other residence permits take precedence.

 

1. INTERNATIONAL PROTECTION

 

International protection in Türkiye consists of three categories:

 

Refugee

 

Conditional Refugee

 

Subsidiary Protection

 

The distinction between a refugee and a conditional refugee depends on the applicant’s country of origin.

 

If the applicant comes from a European country, they may be granted refugee status.

 

If the applicant comes from outside Europe, they may be granted conditional refugee status.

 

Persons who do not qualify for either but face serious harm if returned to their home country may be granted subsidiary protection.

 

1. Refugee

 

A refugee is a person who, due to a well-founded fear of persecution for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside their country of nationality and cannot or does not wish to avail themselves of that country’s protection.

 

2. Conditional Refugee

 

A conditional refugee is a person who meets the same criteria as above but has come from outside Europe. Conditional refugees are allowed to stay in Türkiye until they are resettled in a third country.

 

Türkiye ratified the 1951 Geneva Convention with a “Geographical Limitation”, meaning that only those coming from European countries can be recognised as refugees.

 

3. Subsidiary Protection

 

This status is granted to individuals who do not qualify as refugees or conditional refugees but would face:

 

The death penalty or execution,

 

Torture or inhuman/degrading treatment, or

 

Serious threat to life or person due to indiscriminate violence in situations of armed conflict,

if returned to their country of origin.

 

1. How to Apply for International Protection

 

Applications cannot be submitted through a lawyer; they must be made personally by the applicant. Family members arriving together may apply under one application.

 

Applications are submitted to the Kumkapı Coordination Centre. The date and place of the interview are provided during registration. Applications are generally finalised within six months.

 

During the assessment, both the general conditions of the country of origin and the applicant’s personal circumstances are taken into account.

 

Applicants are required to provide:

 

• Identity and passport information, travel details

 

• Reasons for leaving the country of origin or residence

 

• Events experienced after leaving the country and reasons for seeking protection

 

• Entry route and means of travel to Türkiye

 

• Information on any previous asylum applications or protection received elsewhere

 

Applicants must reside in the assigned province, but relocation may be permitted for health or family reasons.

 

1. Rights of Persons Granted International Protection (Law No. 6458, Article 89)

 

Holders of the international protection ID card have access to education and training.

 

Those in need may receive social assistance and services.

 

Applicants or protection holders without health insurance or financial means are covered by the General Health Insurance scheme for one year from the date of registration.

 

Refugees and persons with subsidiary protection status can work immediately, either independently or dependently.

 

Applicants or conditional refugees may apply for a work permit six months after the date of application.

 

The ID card issued to refugees and subsidiary protection holders also serves as a work permit.

 

Those in financial need may receive an allowance as determined by the Ministry of Finance.

 

1. Reasons for Rejection of International Protection (Article 72, LFIP)

 

• An application may be rejected if:

 

• The applicant repeats the same claim without new grounds,

 

• The applicant submits a separate application after consenting to a joint application without valid reason,

 

• The applicant has already been recognised as a refugee in another country, or

 

• The applicant arrived from a safe third country.

 

• If any of these conditions arise at any stage, the evaluation process is halted, and the applicant is notified of the decision, including the appeal procedures and deadlines.

 

CONCLUSION

 

As residence and protection procedures may vary in practice and document requirements often change, obtaining legal assistance is essential to ensure a complete and efficient process.

At Uzunpınar Tüfek Law Firm, we provide careful and professional legal consultation and representation in all matters relating to residence permits and citizenship applications in Türkiye.

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

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