Humanitarian Residence Permit in Turkey
Frequently Asked Questions About Humanitarian Residence Permit in Turkey
- What is a humanitarian residence permit in Turkey?
- Who can apply for a humanitarian residence permit in Turkey?
- Under what circumstances is a humanitarian residence permit granted in Turkey?
- Does a humanitarian residence permit grant the right to work in Turkey?
- Can one apply for citizenship in Turkey with a humanitarian residence permit?
- For how long is a humanitarian residence permit granted in Turkey?
- How is a humanitarian residence permit extended in Turkey?
- Under what circumstances is a humanitarian residence permit revoked in Turkey?
- What can be done if a humanitarian residence permit application is rejected in Turkey?
- What rights do holders of a humanitarian residence permit have in Turkey?
- Is it possible to benefit from health services with a humanitarian residence permit in Turkey?
- What documents are required when applying for a humanitarian residence permit in Turkey?
- Is registration in the address registration system mandatory for a humanitarian residence permit in Turkey?
- Can one transition from a humanitarian residence permit to a long-term residence permit in Turkey?
- Is it risky to apply individually for a humanitarian residence permit in Turkey?
- Why is legal assistance important for humanitarian residence permit applications in Turkey?
- How can foreigners holding a humanitarian residence permit obtain a work permit in Turkey?
- Can children benefit from education rights with a humanitarian residence permit in Turkey?
- How do humanitarian residence permit holders benefit from social rights in Turkey?
- How does KL Legal Consultancy support the humanitarian residence permit process in Turkey?
What is a Humanitarian Residence Permit in Turkey?
What is a humanitarian residence permit in Turkey and under what circumstances is it granted?
The humanitarian residence permit in Turkey is a special residence right provided to foreigners who ordinarily do not have the possibility to reside in Turkey but are allowed to stay due to certain legal, humanitarian, or compulsory reasons. This permit type is regulated under Articles 46 and 47 of Law No. 6458 on Foreigners and International Protection and detailed in Article 44 of the Regulation on the Implementation of the Law on Foreigners and International Protection.
The humanitarian residence permit is generally granted in cases where deportation of the foreigner is not possible or legally appropriate, where the best interests of the child are concerned, or where the applicant cannot be returned to a safe third country. It may also be applied to foreigners who are not deemed a threat to public order or national interests in Turkey but who cannot apply for other residence permits.
This type of residence permit is in high demand especially in large cities like İzmir. In practice, applications made with the assistance of an izmir residence permit lawyer are observed to proceed more smoothly, providing serious facilitation in the process follow-up. Similarly, with the support of specialists such as a karşıyaka foreigners law lawyer, the management of complex legal situations becomes more effective.
The humanitarian residence permit is temporary in nature and also allows transition to other suitable permits excluding long-term residence permits. In this respect, it stands out both as a legal and humanitarian solution tool.
Application Conditions for Humanitarian Residence Permit in Turkey
What are the conditions required to obtain a humanitarian residence permit in Turkey?
Applications for a humanitarian residence permit in Turkey are foreseen for exceptional situations, unlike other residence types. Therefore, classic conditions are generally not sought during the application process; the evaluation is entirely made within the framework of the foreigner’s situation and Turkey’s legal responsibilities. Articles 46 and 47 of Law No. 6458 and Article 44 of the Regulation explicitly state under which circumstances this permit can be issued.
The humanitarian residence permit can be granted in the following cases:
- When the best interest of the child is at stake,
- When despite deportation or entry ban decisions, actual exit is not possible,
- Foreigners for whom deportation decisions cannot be issued under Article 55 of Law No. 6458,
- Persons whose judicial processes against return decisions are ongoing,
- Those undergoing the return procedure to the first asylum country or safe third country,
- Foreigners who are not a risk to public order and security but cannot obtain other residence types,
- Extraordinary situations.
These applications are generally made through the migration directorates under governorships and are subject to the approval of the Ministry. Especially document submission, income level, and health insurance are not mandatory for this permit type.
In cities with high migration density such as İzmir, this permit type is a frequently used solution. Therefore, for the proper execution of the process, obtaining legal support from local experts like an izmir residence permit lawyer or karşıyaka foreigners law lawyer ensures the healthy progress of the process.
The humanitarian residence permit is not only a right but also the fulfillment of the state's international obligations in a humanitarian and legal sense.
Application Process for Humanitarian Residence Permit in Turkey
How is the application for a humanitarian residence permit made in Turkey?
Although the humanitarian residence permit application seems more flexible compared to other residence types, the entire process requires serious legal evaluation and careful document tracking. The application is made directly by the foreigner or their legal representative to the Provincial Directorate of Migration Management within the governorship. In this application, the applicant’s special situation must be clearly and documentarily demonstrated.
Applications supported by documents such as the foreigner’s passport, previously obtained residence permits if any, deportation decision documents, litigation processes, birth certificates if there are children, and similar documents are thoroughly examined by relevant institutions. After the initial evaluation by the Provincial Migration Directorate, if necessary, the application is forwarded to the Directorate General of Migration Management for Ministry approval. Every stage of this process contains technical, official, and procedural details.
Especially for persons with deportation decisions or ongoing judicial processes, failure to submit complete documents may result in rejection or indefinite extension of the process. Therefore, applying individually carries considerable risk. Incorrectly stated declarations or lack of legal interpretation can lead to difficult-to-reverse consequences.
In this complex process, working with an expert turkey residence permit lawyer or izmir residence permit lawyer ensures both error-free progress and legally supported strengthening of the application. An expert lawyer identifies which legal grounds may be based on in the application, significantly reducing the risk of rejection. Simultaneously, the lawyer protects the applicant’s rights effectively and accelerates the process.
Although the humanitarian residence permit application process may appear technically simple, since the discretion of the decision-making authority is very broad, every step must be taken with care.
Duration and Extension of Humanitarian Residence Permit in Turkey
For how long is a humanitarian residence permit granted in Turkey and how is it extended?
As a temporary and exceptional residence type, the humanitarian residence permit does not have a fixed duration and is determined according to the applicant’s conditions. Pursuant to Article 46 of Law No. 6458 on Foreigners and International Protection, this permit type is issued by the governorships with periods determined by the Ministry and can be extended in the same manner.
The first humanitarian residence permit granted generally covers a period between 6 months and 1 year. However, this period can be extended as long as the applicant’s situation remains unchanged. Extension applications are again made through the Provincial Migration Directorate and finalized with the approval of the Directorate General of Migration Management. It is important to provide information and documents proving that the humanitarian grounds forming the basis of the application continue to exist.
Upon granting the humanitarian residence permit, the foreigner is obliged to register in the address registration system within 20 working days at the latest. Failure to fulfill this obligation may render the permit invalid. Furthermore, persons holding this permit also have the right to apply for transition to other suitable residence types excluding long-term residence permits.
If an extension application is not made before the expiry of the residence permit, the person may fall into an unlawful stay in Turkey, which can lead to serious consequences such as administrative fines and deportation procedures. It is especially recommended to apply for an extension within 60 days before the expiry date.
Correct calculation of periods, complete submission of required documents, and proof of valid grounds are critical technical details for the successful completion of this process. At this point, obtaining support from an izmir foreigners law lawyer or a karşıyaka residence permit lawyer enables the person to make accurate legal assessments and manage the process securely.
Special Situations Requiring Granting of Humanitarian Residence Permit in Turkey
In which special cases can a humanitarian residence permit be granted in Turkey?
The humanitarian residence permit in Turkey applies not only to situations that do not meet general conditions but also to special cases carrying a serious risk of human rights violations. This regulation, detailed in Articles 46 and 47 of Law No. 6458, covers situations where the foreigner’s departure from the country is practically or legally impossible.
The special cases listed below are among the decisive reasons for granting a humanitarian residence permit:
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Best interest of the child: Protection of children’s rights is always a priority. Humanitarian residence permits can be granted to foreign children who are separated from their parents or are in need of protection.
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Non-refoulement situations: If the foreigner risks torture, ill-treatment, or degrading practices upon deportation, a non-refoulement obligation requires granting a humanitarian residence permit.
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Ongoing judicial processes on deportation decisions: If a deportation decision exists and litigation is underway, the person is allowed to stay in Turkey during the judicial process.
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Evaluation of asylum application: If the applicant is to be sent to the safe third country or first asylum country but this process is not completed yet, a temporary humanitarian residence permit can be granted.
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Extraordinary circumstances: Temporary stay is permitted in Turkey if return to the person’s country is practically impossible due to war, civil unrest, natural disaster, or epidemic disease.
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Permission to stay for public order and security reasons: Sometimes it is deemed more appropriate for the foreigner to stay in Turkey for national security or public interest reasons. However, if the person cannot apply for any other residence type, a humanitarian residence permit can be issued in this case.
Evaluation of these situations is entirely subject to the discretion of the relevant institutions. Each file is examined individually, and both the foreigner’s declarations and submitted documents carry great importance.
At this point, even the smallest mistake or missing document submission can lead to the rejection of the application. Especially in sensitive cases, legal guidance from specialists such as a turkey foreigners law lawyer or izmir residence permit lawyer prevents loss of rights and ensures the process is conducted more securely.
Rights Granted by the Humanitarian Residence Permit in Turkey
What rights are granted to holders of humanitarian residence permits in Turkey?
Although the humanitarian residence permit is issued in extraordinary situations, its holders have the opportunity to benefit from certain fundamental rights in Turkey. Although these rights are not at the same level as those with long-term residence permits, the minimum necessities for humane living conditions are ensured.
The main rights granted to humanitarian residence permit holders are as follows:
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Legal stay right in Turkey: The most fundamental right is that the person can legally remain in Turkey during the validity of the residence permit. This protects against the risk of deportation.
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Right to education: This right, especially important for children, allows registration to state primary and secondary schools in Turkey.
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Access to health services: Holders of humanitarian residence permits can benefit from public health services under certain conditions. Depending on income level and social assistance status, free or discounted health services may be provided.
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Address registration: The person can register in the address registration system in Turkey according to the residence permit obtained. This registration is mandatory for banking transactions, benefiting from social services, and other official procedures.
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Right to change residence type: Holders of humanitarian residence permits can apply for transition to other residence permits except long-term ones within their permit period. This allows the person to acquire a more permanent residence status.
However, the humanitarian residence permit does not automatically grant the right to work. Foreigners wishing to work must apply separately for a work permit. However, it is possible to obtain this permit in some cases; details are discussed in the following section.
In practice, many persons have hesitation about how to fully benefit from these rights. At this point, support from specialist lawyers such as a karşıyaka residence permit lawyer is critical to prevent loss of rights. Especially in document tracking, health insurance coverage, education applications, and social support processes, professional support helps the foreigner to establish a safer and more organized life in Turkey.
Right to Work for Holders of Humanitarian Residence Permits in Turkey
Do foreigners holding a humanitarian residence permit have the right to work in Turkey?
Foreigners holding a humanitarian residence permit in Turkey are not granted the right to work solely by this permit type. However, this does not mean they cannot work. According to Law No. 6458 on Foreigners and International Protection and Law No. 6735 on International Labor, holders of humanitarian residence permits can legally work in Turkey by applying separately for a work permit, provided they meet the necessary conditions.
Work permit applications are generally made by the employer, but in some cases, the foreigner can apply on their own behalf. Persons residing in Turkey with a humanitarian residence permit may apply for work permits in the following areas:
- Dependent work permit (working for an employer),
- Independent work permit (operating in one’s own name and account),
- Turquoise Card application (unlimited work and residence rights for qualified foreigners).
These applications are made via the Ministry of Labor and Social Security’s electronic application system, and the files are evaluated considering the foreigner’s professional qualifications, residence status, and employer conditions.
In practice, obtaining a work permit for humanitarian residence permit holders is a complex and technical process, particularly due to lack of documents, employer responsibilities, or professional equivalency issues. Therefore, it is very important that the application is made correctly and supported with the proper legal grounds. Otherwise, the permit cannot be obtained and unauthorized work may lead to severe sanctions.
To minimize these risks, especially obtaining support from specialists such as an izmir work permit lawyer or karşıyaka foreigners law lawyer is of great importance for protecting the person’s rights. Applications made with professional support conclude faster and have significantly lower rejection rates.
It should be remembered that legal work in Turkey is only possible with a valid work permit. Foreigners working without this permit may face administrative fines and even deportation risks.
Rejection and Revocation of Humanitarian Residence Permits in Turkey
Under what circumstances is a humanitarian residence permit rejected or revoked in Turkey?
The humanitarian residence permit is an exceptional and temporary residence type granted in Turkey based on specific legal grounds. Therefore, as much as the permit process itself, the rejection, revocation, or non-extension of the permit is subject to sensitive evaluations. According to Article 47 of Law No. 6458 and related regulation provisions, this permit type may be terminated only in certain special cases.
A humanitarian residence permit may be not granted, revoked, or not extended in the following cases:
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Cessation of the conditions necessitating the permit: If the humanitarian grounds justifying the application (for example, non-deportability, best interest of the child, judicial process) no longer exist, the permit is revoked.
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Failure to register in the address registration system: If the address registration is not done within 20 working days after the permit is granted, the permit may be considered invalid.
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Use of false documents or misleading declarations: If false information or forged documents are submitted during the application, the permit is directly revoked and administrative sanctions may be applied to the person.
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Threat to public order and security: If it is concluded that the foreigner poses a threat to public order or security, the permit is revoked.
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Procedural irregularities during the application process: If the Directorate General of Migration Management determines that the process was not conducted properly, the application may be rejected.
Such revocation or rejection directly terminates the person’s legal status in Turkey and may initiate deportation procedures. Therefore, timely and justified extension applications are very important.
Persons facing revocation or rejection have the right to administrative objection and legal action. However, managing this legal process requires serious knowledge and expertise. In practice, foreigners cooperating with a karşıyaka foreigners law lawyer or a turkey residence permit lawyer have been observed to manage the process without loss of rights.
In conclusion, the humanitarian residence permit is a permit type under constant supervision and evaluation. Any legal change or change in circumstances may lead to termination of the permit. Therefore, careful conduct during the permit period and obtaining expert support when necessary is vital.
Is It Possible to Apply for Citizenship with a Humanitarian Residence Permit in Turkey?
Can one apply for Turkish citizenship with a humanitarian residence permit?
One of the most frequently asked questions by foreigners holding a humanitarian residence permit in Turkey is whether they can apply for Turkish citizenship with this permit. According to Law No. 5901 on Turkish Citizenship, foreigners who legally reside in Turkey for a certain period and fulfill other necessary conditions may apply for citizenship. However, an important detail must be noted here: the periods spent with a humanitarian residence permit are not counted towards the residence duration for citizenship.
Therefore, merely holding a humanitarian residence permit is not sufficient for citizenship application. Long-term residence or uninterrupted at least 5 years of short-term residence are among the fundamental criteria for citizenship application. However, since the humanitarian residence permit is a temporary and exceptional residence type, these periods are not included in the “legal residence duration” required for citizenship.
However, if the humanitarian residence permit holder transitions to another residence type during the permit validity (for example, family residence, student permit, work permit), the time spent in the new status may be considered for citizenship application. Therefore, if the person aims for Turkish citizenship in the long term, they should view the humanitarian residence permit only as a temporary solution and transition to other suitable residence types as soon as they meet the conditions.
Monitoring this process and official procedures can be quite complex in terms of legislation knowledge. Incorrect selection of the application type, wrong calculation of periods, or missing documents may cause loss of rights. At this point, working with an izmir citizenship lawyer or a turkey residence permit lawyer ensures more solid steps towards the person’s long-term goals.
In summary, foreigners holding a humanitarian residence permit cannot apply directly for citizenship but can obtain this right by transitioning to other suitable residence types under proper conditions.
Importance of Legal Assistance in Humanitarian Residence Permit Applications in Turkey
Why is it vital to work with a lawyer during a humanitarian residence permit application in Turkey?
The humanitarian residence permit is a lifeline for foreigners living in Turkey who cannot obtain residence permits under ordinary conditions. However, this permit is granted through a legal process much more complex and uncertain than other residence types. These applications proceed based on the wide discretion of the Migration Directorate and require not only technical but also strategic approaches. Therefore, working with an experienced lawyer during the application process significantly increases the likelihood of success.
Each application file is evaluated individually, and the credibility of the reasons provided by the applicant as well as how these reasons are expressed and documented is very important. For example, in an application based on the best interest of the child, pedagogical and legal arguments must be presented together, whereas in a case with deportation risk, international human rights norms must be considered. In such multi-layered situations, not only legal knowledge but also proper application strategy is vital.
That is why working with a turkey residence permit lawyer or izmir foreigners law lawyer ensures that the application is prepared completely, consistently, and effectively. With legal assistance:
- The appropriate residence type is clarified,
- The grounds for the application are legally grounded,
- Submission of incomplete or inappropriate documents is prevented,
- All administrative and legal rights are protected throughout the process,
- In cases of rejection, revocation, or non-extension, effective judicial recourse is sought.
It should not be forgotten that losing residence permit status in Turkey is not just an administrative act; it leads to serious consequences affecting the person’s entire life order. Loss of legal status brings numerous problems ranging from deportation risk to loss of social rights. Therefore, professional legal consultancy is often not a choice but a necessity.
You can obtain professional consultancy from KL Legal Consultancy during your humanitarian residence permit application process to ensure your procedures are carried out completely and correctly. You can contact our expert lawyers to protect your legal rights in the best possible way.