When introducing the topic of Humanitarian Residence Permit in Turkey, we will address fundamental issues such as what this permit means, in which situations it is granted, and what legal basis it has. We will explain in detail how the legislation is defined on this subject, in which situations people can apply for this permit, and who can have this permit. We have prepared a guide for you by analyzing Turkey’s practices and processes regarding the Humanitarian Residence Permit.
What is Humanitarian Residence Permit?
The Humanitarian Residence Permit in Turkey is a type of residence permit granted to foreigners who cannot benefit from other residence permits due to certain very special circumstances. This permit allows foreigners to stay in the country depending on temporary and special conditions. For detailed information about other residence permits, you can check out our article: Residence Permit in Turkey: Application Process and Required Conditions
The humanitarian residence permit is an alternative offered to foreigners who cannot benefit from other residence permits and provides the right to legal stay.
Legal Basis of Humanitarian Residence Permit
The humanitarian residence permit is regulated in Turkey under Law No. 6458 on Foreigners and International Protection (LFIP) Article 46 et seq. The relevant legal legislation contains regulations about humanitarian residence permit applications, conditions, and processes.
The article clearly states in which situations humanitarian residence permit applications will be accepted. The humanitarian residence permit is an alternative offered especially to foreigners who cannot benefit from other residence permits, and is a type of residence permit granted depending on temporary and humanitarian conditions. The law details how applications for this permit will be made, what conditions must be met, and how the permit will be granted.
Under What Conditions is Humanitarian Residence Permit Granted?
Article 46 of the Law on Foreigners and International Protection is based on special situations based on humanitarian reasons for applications to be evaluated. Humanitarian factors such as the best interests of the child, health status, and family unity are important elements considered in granting this permit. This article of the law clearly specifies under what conditions humanitarian residence permit applications will be accepted and what procedures will be followed. The relevant article is as follows:
Humanitarian residence permit
ARTICLE 46 – (1) In the cases specified below, without seeking the conditions for granting other residence permits, with the approval of the Ministry and for periods of up to one year at a time, humanitarian residence permits may be granted by governorships and these permits may be extended:
a) When the best interests of the child are concerned
b) When deportation or entry ban decisions have been made against foreigners, but their exit from Turkey cannot be carried out or their departure from Turkey is not deemed reasonable or possible
c) When a deportation decision has not been made against the foreigner in accordance with Article 55
ç) When legal remedies are sought against the procedures carried out according to Articles 53, 72, and 77
d) During the continuation of the applicant’s return to the first country of asylum or safe third country
e) When foreigners who need to be allowed to enter and stay in Turkey due to urgent reasons or for the protection of national interests and in terms of public order and public security do not have the opportunity to obtain one of the other residence permits due to situations that prevent the granting of residence permits
f) In extraordinary situations
(2) Foreigners who receive a humanitarian residence permit must register with the address registration system within twenty business days at the latest from the date the permit is granted.
Humanitarian Residence Permit is granted in the following situations:
1. Best Interests of the Child: If there are best interests of the child for a foreigner’s child, a humanitarian residence permit can be granted. In every case, decisions should be made by evaluating the child’s current conditions and needs in a way that prioritizes the child’s welfare. The psychological, social, and physical environment and needs of the child are taken into account.
Example: Granting a humanitarian residence permit to the family of a child living in Turkey with their family so that the child can continue their education and benefit from health services is accepted as an application in the best interests of the child.
This principle guarantees the protection of the child’s most fundamental rights and can constitute an important reason in humanitarian residence permit applications.
2. Foreigners’ Inability to Exit Turkey: In cases where a foreigner cannot leave the country despite having an entry ban to Turkey or where it is not reasonable or possible for them to leave Turkey, a humanitarian residence permit can be provided.
Additionally, even if a deportation decision has been made against a foreign person, if this person’s departure from Turkey cannot be carried out or is not deemed appropriate and possible, granting a humanitarian residence permit may be in question.
3. Impossibility of Making a Deportation Decision Against the Foreigner: The impossibility of making a deportation decision refers to special situations where it is not possible to deport a foreign person in the context of national or international law or where an applicable solution cannot be offered. Such situations are sensitive processes based on both human rights and Turkey’s international obligations.
In Which Situations Cannot a Deportation Decision Be Made?
- Life-Threatening Situation: If there are wars, conflicts, persecution, or other human rights violations in the country to which the foreigner will be deported that will endanger their life, the deportation decision cannot be implemented. This situation is protected under the United Nations Refugee Convention and other international agreements to which Turkey is a party.
- Absence of Readmission Agreements: If Turkey does not have a readmission agreement with the country of which the person to be deported is a citizen or if there are deficiencies in legal regulations, the deportation process may not be carried out.
- Health Condition: If the foreigner has serious health problems, medical conditions that will prevent them from traveling, or if there is a risk of not being able to access treatment if deported, the deportation process can be postponed or canceled.
- Family Ties: If the foreign person has children, spouse, or other first-degree close relatives in Turkey and their deportation will seriously damage family unity, the decision may not be implemented.
- Continuation of Legal Processes: If the deportation decision has been appealed or if there is an ongoing lawsuit against the person, the deportation process can be suspended until the court decision is finalized.
- Stateless or Undocumented Status: If the foreign person is stateless or there is no country to which they can be returned due to lack of identity documents, the deportation process cannot be carried out.
Seeking Legal Remedies Against Deportation Procedures
Foreigners who seek legal remedies can use this type of permit until a decision is made. A foreigner who has been given a deportation decision can seek legal remedies by using their legal rights against this decision. This process involves re-evaluation of the legal basis of the deportation decision and the foreigner’s rights. In Turkey, there are various legal mechanisms through which objections can be made to deportation decisions and applications can be made for the cancellation of the decision.
· From the notification of the deportation decision, the foreigner can object to this decision within 15 days.
· The objection is made to administrative courts.
· If the foreigner finds the deportation decision wrong or unjust on legal and humanitarian grounds, they can apply to the relevant administrative court. During the court process, deportation procedures are suspended until the legal process is completed. There are various legal and administrative remedies for people whose humanitarian residence permit applications have been rejected. These remedies can enable their applications to be re-evaluated or allow them to stay in Turkey under another legal status. It is important for the applicant to understand the reason for the rejected application, take the right steps, and make the necessary applications on time.
Duration and Extension of Humanitarian Residence Permit
The humanitarian residence permit is a type of temporary residence permit granted to foreigners who come to Turkey for various humanitarian reasons and cannot benefit from other residence permits. However, there are certain rules regarding the duration and extension of this permit.
Duration of Humanitarian Residence Permit
The humanitarian residence permit is generally granted for a period of one year. This period may vary depending on the foreigner’s current situation in Turkey and application conditions. This permit, granted based on various humanitarian reasons in Turkey, is generally limited to very special situations.
For example, when a humanitarian residence permit is granted to a foreigner, the duration of this permit is initially determined as a maximum of one year. This one-year period starts from the date the permit is granted, and an application must be made to extend the permit before its expiration.
Extension of Humanitarian Residence Permit
The humanitarian residence permit is a temporary permit granted for a certain period. Before this permit expires, an extension application must be made. For the humanitarian residence permit to be extended, applications must present evidence that the applicant’s situation continues.
The extension application should generally be made at least 60 days in advance. The place where the application will be made is the Provincial Directorate of Migration Management in the province where the permit was granted. During the extension application, it must be proven that the applicant’s stay in the country is still based on humanitarian reasons and that they have not violated the permit conditions.
Required Conditions for Humanitarian Residence Permit Extension Application
For the humanitarian residence permit to be extended, the following conditions must be met:
- Continuation of the Applicant’s Situation: The situation of the foreigner who was granted the permit must be supported by documents showing that the humanitarian conditions stated in the initial application are still valid. For example, if situations such as health problems, family obligations, or international protection requirements continue, the permit can be extended.
- Continuation of Legal Status: The humanitarian residence permit holder must continue to reside legally in Turkey. If they commit any crime or violate the conditions of the permit, the extension of the permit may be rejected.
- Timely Application: The extension application must be made before the permit expires. If the application is made late, requests for extension of the permit period may be rejected.
Why Should You Choose Us?
Expertise and Experience: With our team specialized in long-term residence permit applications, we are with you at every stage. With our experience in migration law, we minimize the risk of making mistakes in your applications.
Personalized Consultancy: Every foreigner’s situation is different. By offering solutions specific to your needs, we ensure that the process is completed quickly and effectively.
Fast and Reliable Service: We guarantee that your applications are made on time and correctly. We lighten your workload by following the process on your behalf.
Language Support: We provide communication support in English and other languages besides Turkish, ensuring that our foreign clients understand the processes easily.
Transparency and Trust: We conduct all our transactions transparently and regularly inform you about the process.
Success-Oriented Approach: Our goal is to ensure that your applications are concluded positively as soon as possible. We develop strategies suitable for your needs with our professional team.
By choosing us, you can make your long-term residence permit applications with confidence and prevent problems that may occur in the process. Contact us for more information or consultancy services!
Issues such as residence permits, work permits, citizenship applications, and deportation decisions in Turkey are evaluated within the scope of foreigners law. For detailed information about the legal rights and processes of foreigners, Ankara Foreigners Law Lawyer you can visit our page.
