What is the humanitarian residence permit and how does it differ from other statuses?
The humanitarian residence permit is a fixed-term administrative permit that protects a person's stay in Türkiye on a specific humanitarian or exceptional ground. Articles 46 and 47 of the Law and Article 44 of the Implementing Regulation apply together. This permit is not reserved for persons facing a danger of death; the protection of children, certain judicial and return procedures, urgent grounds and extraordinary situations may also fall within its scope. [1][2]
The permit is not the same as refugee or conditional refugee status, subsidiary protection or temporary protection. The existence of a war in a country does not allow these legal routes to be used in place of one another. The appropriate route of application must be chosen by considering together the person's current protection record, the manner of entry into Türkiye, family ties and the risk faced on return. Where there is a need for international protection, relying only on a residence petition may leave the request for protection on the wrong legal footing. [1][4]
Being unable to be deported is also different from holding a residence permit. The prohibition of return (non-refoulement) is protection that prevents a person from being sent to a place where they would face serious danger; humanitarian residence, by contrast, is a status that must be established separately. Likewise, the grant of humanitarian residence does not mean that all past violations are erased, that citizenship is acquired or that there is unlimited authority to work. [1][2]
Who can apply for a humanitarian residence permit?
The grounds in Article 46 of the Law are not an abstract list of hardships; they are the framework that determines on what legal basis an application will be examined. The same event may be assessed under more than one ground. However, a condition provided in the Law for only one particular sub-paragraph should not be generalised to all applications. [1][4]
The best interests of the child
The child's age, health, need for care, school life and de facto relationship with the parents must be assessed. Being born in Türkiye or being enrolled in school does not, on its own, require a permit to be granted in every case. The real question is the effect that departure, an interruption of care or the break-up of the family would have on the specific child. [1][9]
The application should therefore not consist merely of the sentence "I have a child". Birth and custody documents, records showing that the family lives together, who provides regular care and any special health or developmental need should be shown. In a request made for a mother or father, the link between the child's interest and the presence of that parent in Türkiye must be explained. This does not mean that an automatic and unlimited permit will be granted to everyone in the same family. [1][9]
Where departure from Türkiye cannot be carried out or leaving is not reasonable
This ground may come into play where the departure of a foreign national who is subject to a deportation or entry ban decision cannot be carried out, or where leaving is not regarded as reasonable or possible under the specific circumstances. Merely preferring to live in Türkiye is not the same as an objective obstacle to departure. [1][4]
Circumstances relied on, such as a serious obstacle in obtaining documents, the impossibility of transport, a medical risk relating to travel or ties to a family member in need of care, must be explained and, as far as possible, proved. If a passport cannot be obtained, the applications made and the answers received should be added to the file. Concealing a document, making a statement contrary to the truth or creating an artificial obstacle cannot be presented as a ground for legal protection.
Persons against whom a deportation decision cannot be taken
Article 55 of the Law protects those who would face the death penalty, torture or inhuman treatment in the place to which they would be sent, as well as certain health, pregnancy, age and victimisation situations specified in that article. It should be remembered that victims of human trafficking are subject to a separate special residence and support regime. [1]
The decisive distinction regarding health and pregnancy
Not every illness or every pregnancy automatically leads to a humanitarian residence permit. Why travel is risky, the effect of an interruption of treatment and, in the cases the Law requires, the availability of treatment in the country of destination must be made concrete. A report that merely states the name of a diagnosis does not have the same probative force as a reasoned report assessing travel and continuity of treatment. The medical assessment is made by the competent health institution; the legal application links that assessment to the correct request. [1]
Documenting allegations of violence and ill-treatment
For victims of psychological, physical or sexual violence, the need for treatment and protection is important. Health records, protection orders, investigation documents and the records of reliable support organisations may be used to the extent that they are connected with the event. The documents should be submitted in a secure manner, and the victim should not be needlessly traumatised again. General country information is not a substitute for the facts explaining the applicant's personal risk, but it can support them. [1][11]
Having recourse to the courts against certain acts
Article 46/1-ç of the Law refers in particular to acts carried out under Articles 53, 72 and 77. Processes connected with deportation, the inadmissibility of an international protection application, and the withdrawal or deemed withdrawal of an application are examined within this scope. Not every international protection refusal is the same type of act. The same route of application and time limit should not be applied to all refusals without reading the article on which the decision in the file is based. [1][4]
The existence of an action may be a ground of assessment for humanitarian residence; however, filing an action does not mean that the permit card is issued automatically. The statutory guarantee relating to the suspension of the deportation act should not be confused with the grant of a permit as such.
Return to a country of first asylum or a safe third country
Humanitarian residence may be considered while return procedures to the country concerned are ongoing. The fact that a person came to Türkiye from another country is not sufficient, on its own, for that country to be regarded legally as a country of first asylum or a safe third country. The relevant protection conditions and the person's relationship with that country are a separate subject of examination. A generalisation such as "the application of everyone who came from another country will be refused" is therefore not correct. [1]
Urgent grounds and extraordinary situations
The Law also contains urgent grounds connected with the interests of the country, public order and public security, as well as extraordinary situations. The condition of being unable to obtain one of the other permits is, in particular, part of the provision in sub-paragraph 46/1-e; it should not be applied as an independent ground of refusal added to all sub-paragraphs. [1][4]
War, disaster or a wide-scale crisis may be important in the assessment of an application; however, the name of a country alone does not give everyone the same duration, fee exemption or right to a permit. A temporary practice published in the past concerning any group, including Ukrainian nationals, should not be presented as a continuing and automatic entitlement for 2026 without its current basis being seen. In an application, the current personal situation and, if any, the special administrative regulation in force should be examined together.
What do a visa violation, a restriction record and the non-application of the general conditions mean?
A visa or residence violation does not by itself bar the application
The purpose of the humanitarian residence provision is to assess separately certain situations that cannot be resolved under the ordinary residence conditions. For this reason, a past visa violation does not on its own nullify all humanitarian grounds. Conversely, the existence of a violation does not mean that the application will necessarily be accepted. The applicant must link their own case to one of the grounds listed in Article 46. [2][9]
The difference between income, insurance and identity documents
The non-application of the conditions for granting the other residence permits shows that the income or health insurance requirements of an ordinary short-term permit file cannot automatically be carried over to a humanitarian application. However, this exception does not remove the need to establish the person's identity or the humanitarian ground relied on. The lack of documents and the non-application of a substantive condition are different things. [1][2]
If a passport or population record cannot be obtained, the reasons should be explained, and the existing identity records and the efforts to obtain them should be submitted. Both extreme approaches, "if there is no document, no application can be made at all" and "no document is needed", are unsound. Moreover, the fact that private health insurance is not required as a condition of the permit does not mean that every health service will be free of charge.
The restriction record must be examined separately
The type of restriction record, the event on which it is based, its duration and its actual effect must be determined. A record that makes entry to the country subject to prior permission, a deportation decision and a refusal of humanitarian residence are not the same thing. Focusing only on the residence refusal, without investigating whether a separate application or action against the record concerned is needed, may prove inadequate. A security ground, too, does not by itself remove the duty to examine concrete allegations relating to family life or the prohibition of return. [10][11]
Where and how is the humanitarian residence permit application made?
The authority for the application and representation
In a humanitarian residence application made from inside Türkiye, the principal addressee is the governorate through the Provincial Directorate of Migration Management (İl Göç İdaresi Müdürlüğü) of the province where the person is located. A written and reasoned application should be used as the basis; the current methods of that directorate for accepting applications, giving appointments and submitting documents should be confirmed. The general explanations given for ordinary e-İkamet applications should not replace the specific assessment procedure of humanitarian residence. [2][5]
The application may be made by the foreign national, by their legal representative or through a lawyer to whom they have given power of attorney; the administration may also require the foreign national to be present in person. The Regulation also allows acts to be initiated by the administration of its own motion. It should not be assumed on this basis that the administration will learn of concrete needs by itself. YİMER 157 is an information channel; a telephone call is not a substitute for a properly registered application or for an action that must be filed in time. [2][5][6]
Building the application file
First, the current legal situation must be established: whether there is a valid permit, the expiry of any permit or visa, rejection and deportation decisions that have been served, pending actions and restriction records. Then it is explained to which sub-paragraph the humanitarian ground relates. The applicant's history and current need are connected chronologically.
The petition should show not only the requested outcome but also why leaving Türkiye is not possible or reasonable, or why the child's interest should be protected here. If there are several grounds, each is explained with its own document. Earlier unfavourable decisions are not concealed; the changed circumstances, the new documents and any allegations not previously examined are stated clearly.
On submission of the application, a date and registration number should be obtained, the list of enclosures kept and legible copies of the documents submitted retained. No conclusion that the application has been officially registered should be drawn from an oral conversation or information obtained from an information desk. If missing documents are requested, which document is to be submitted by which date should be followed in writing.
Information that is useful to include in the petition
Identity and reachable address details; the history of entry into and stay in Türkiye; the legal situation of family members; the statutory ground relied on; a concrete explanation of the health, care or return risk; earlier decisions and their service dates; documents and a clear request should all be present. If an urgent danger is alleged, why it cannot await a decision is explained separately.
For documents in a foreign language, the translation and, where necessary, the authentication procedure are examined. It cannot be said that every foreign document requires an apostille without exception; the nature of the document, the issuing country, the applicable convention or exemption and the authority's request matter. Different spellings of names, different dates of birth and inconsistencies in family ties should be clarified before the application.
Required documents: not a standard file, but evidence suited to the ground
The table below is not a list that makes every document mandatory for all applications. Together with the procedural requests of the directorate concerned, it shows by which document the fact relied on may be established. [1][2][5]
| Subject to be examined | Documents that may be useful in the file | What the document should explain |
|---|---|---|
| Identity and history of stay | Current passport, foreigner identification number, previous permits, entry records | The person's identity, previous status and the consistency of dates |
| Best interests of the child | Birth and custody documents, school record, care or health report | The specific need of the child concerned and the effect of separation |
| Health and travel risk | Current physician or hospital reports, treatment plan | The risk of travel, continuity of treatment and, where necessary, the problem of access |
| Care for a family member | Proof of kinship, dependency and care reports | By whom and why the care is provided in Türkiye |
| Danger of return | Documents on personal risk, earlier decisions, reliable country reports | The specific effect of the general situation on the applicant |
| Pending proceedings | Refusal, deportation and restriction decisions, notifications, case documents | The type of act, the time limit and the subject of the protection sought |
| Impossibility of departure | Consular correspondence, records relating to a travel or document obstacle | The reality and currency of the obstacle and the possibility of removing it |
The documents should be arranged in date order, and the petition should show which allegation each supports. A health report that is merely old is not entirely worthless; but if a continuing risk is alleged, the current situation is also expected to be explained. Unnecessary sensitive details concerning a child or a victim of violence should not be shared in publicly accessible settings.
How are stay and travel assessed until the application is concluded?
A petition receipt and a residence permit application document are not the same
A record that the administration has received the petition proves that the application was made. This record is not, on its own, a permit card or a properly issued application document that confers a right to stay and travel. With which document, between which dates and under what conditions the applicant may stay in Türkiye must be determined separately. [2][6]
The foreign national's previously granted permit or protection status, a pending deportation action and other documents issued about them change this assessment. The lodging of a humanitarian residence request does not, by itself, lift a deportation decision or an entry ban that is in force. If there is an urgent risk, the legal remedy specific to the act concerned must also be used in time. [1][3]
The limits of the 15-day practice when leaving the country
The possibility of returning within 15 days in the general explanation of the Presidency of Migration Management is linked to a properly issued application document, the relevant payment or exemption status and the other conditions of entry. It cannot be concluded that everyone who has merely filed a humanitarian residence petition can leave and return without any document being required. [6]
Before travel is planned, the validity of the passport or travel document, the approval of the application document, any visa requirement and the effect of a restriction record should be checked. If the basis of the application is the danger on return, how travel to the same country is reconciled with the allegations in the file should also be assessed; this point should not be presented, on its own, as an automatic ground of cancellation in all cases.
The assessment period and the absence of a reply
The general assessment period for residence applications is 90 days from the completion of the necessary information and documents; there is a provision on informing the applicant if the period is extended. This period does not mean that all humanitarian residence files will in fact be concluded on the same date, or that the application will be deemed accepted when the period expires. [2][6]
If the administration gives no reply, the 30-day implied refusal rule in Article 10 of the Administrative Procedure Law (İYUK) must also be considered separately. The examination period and the silence rule that makes an action possible serve different functions. For this reason, it should not be said either that "nothing can be done before 90 days have passed" or that "the time limit for suing starts again after waiting 90 days". The time calculation is made by assessing together the nature of the application, the special regulation, interim replies and notifications. [3]
What are the fee and card charge in 2026?
The 2026 residence permit document fee is TRY 964. This is not the total cost of the application. The residence fee, the document fee, debts arising from an earlier violation, translation or authentication expenses and any legal service fee are separate items. In the tariff published by the Presidency of Migration Management, the residence fee may vary according to factors such as citizenship and the duration of the permit; the relevant exemptions are assessed separately. [7]
| Payment item | Legal or practical distinction |
|---|---|
| Residence permit document fee | The amount published for 2026 is TRY 964; it is not the same as the residence fee. |
| Residence fee | Determined according to the applicable country group, duration and exemption provisions. |
| Debt relating to an earlier stay violation | Assessed separately from the amount charged for the new permit. |
| Translation, authentication and legal service | Varies according to the documents and the scope of the engagement; it is not a public fee. |
Under Article 44/6 of the Implementing Regulation, the non-payment of a residence fee arising from earlier visa or residence violations does not prevent the grant of this permit if the conditions for humanitarian residence are met. This special provision does not mean that the past debt is erased automatically or that there is an exemption from all payment items. [2]
Before any payment is made, the type of charge, the amount and the official channel should be determined. Totals offered under the name "single price for humanitarian residence" should not be accepted without an explanation of which part is a public payment and which part is a private service.
Duration of the permit, extension, address registration and cancellation
Is the humanitarian residence permit always granted for one year?
No. The former limit of "at most one year at a time" in the Law was removed by the 2019 amendment. The current provision envisages the grant of the permit within the periods determined by the Ministry and the approval mechanism. A reference to one year in an old decision or guide therefore cannot be used as an unchanging upper limit for all of today's applications. Humanitarian residence is, at the same time, not by itself a permit of unlimited duration. [1]
Continuation of the ground in an extension application
For an extension, whether the original humanitarian ground continues and any new facts must be explained. Instead of resubmitting the old petition unchanged, the current health, care, family or proceedings situation should be documented. Under the general extension rule, an application can be made 60 days before the end of the period and the permit period must not be allowed to lapse; the actual method of submitting a humanitarian residence file should be handled with the Provincial Directorate of Migration Management concerned. [2][6]
The administration's ability to carry out an examination of its own motion does not remove the person's need to keep track of the expiry of the permit and of their address details. The provision in the Regulation on giving notice before the permit period ends likewise does not make it safe for the applicant to wait without taking any step. The existence of a new request in a file that is overdue does not cause the intervening stay to be treated automatically as permitted. [2]
Address registration and the end of the permit
A foreign national who has received a humanitarian residence permit must register in the address registration system no later than 20 working days from the grant of the permit. A correct address and contact details at which notifications can be reached are also important for later applications and time limits for suing. [1]
When the conditions that required the permit cease to exist, the permit may be cancelled or not extended within the framework of the Ministry's approval and the governorate's act under the Law. However, the fact that the condition has ceased must be shown concretely, and relevant facts such as family ties and the best interests of the child must be assessed. The fact that an event existed in the past does not guarantee a permanent permit, and the end of the permit does not mean that the risk of return has automatically disappeared. [1][11]
Consequences for work, family, health and citizenship
A work permit and humanitarian residence cannot replace each other
The humanitarian residence card does not by itself confer unlimited authority to work. However, under the current criteria of the Ministry of Labour and Social Security, the principle is that the employment, financial adequacy and wage assessment criteria are not applied in work permit applications for foreign nationals who have received this permit. The situation must be shown by an official document; this facility is not an automatic right to a work permit and does not remove the wage guarantees under labour law. [8]
As a separate regulation, persons notified by the Ministry of the Interior under Article 48/1-ş of the Regulation on the Implementation of the International Labour Force Law may be placed under the work permit exemption regime, within the scope and periods stated in the notification. A special exemption document or information form that is valid together with the humanitarian residence document is required. An exemption from the assessment criteria and an exemption from the work permit are different. It cannot be said that every holder of humanitarian residence automatically falls into the second group. [12]
Spouse and children, health services and transition to other permits
The grant of humanitarian residence to one family member does not secure an automatic permit for the others. For each person, their own application, family connection and appropriate type of permit must be determined. If the conditions for a family residence permit are met, that route applies; if a humanitarian ground has arisen because of a child or a care relationship, the relevant special assessment comes into play. [1][2]
During the permit, other types of residence for which the conditions are met may be applied for; there is a special limitation as regards long-term residence. According to the Regulation, periods spent under humanitarian residence are not taken into account when adding up the residence periods under that provision. It cannot be concluded that this rule automatically removes all the routes to acquiring citizenship in Law No. 5901. Citizenship depends on separate legal conditions; the humanitarian residence card does not by itself confer citizenship. [1][2]
Access to health services is likewise assessed according to insurance status, the relevant social security rules and the person's situation. The grant of residence on health grounds does not mean that all treatment costs will be paid by the state.
What routes are followed if the application is refused?
First, which act has been served must be determined
The refusal letter may contain the refusal of the humanitarian residence request, the cancellation of an existing permit, non-extension, an invitation to leave, a deportation decision or a restriction act. Calling all of these "deport" makes it harder to choose the correct route. The reasoning of the act, the article on which it is based, the authority that issued it and the date of service should be recorded separately.
| Act or application | Basic time limit and authority | Consequence that does not arise automatically |
|---|---|---|
| Refusal, cancellation or non-extension of humanitarian residence | Unless there is a special provision, 60 days from the day following service; administrative court | Filing an action does not automatically stay the act. |
| Separate deportation decision | 7 days from service; administrative court | This action does not by itself create a humanitarian residence card. |
| Administrative application under Article 11 of the İYUK | Within the time limit for suing; deemed refused if no answer is given within 30 days | The time does not start from the beginning; the time that elapsed earlier is counted. |
| Unanswered request under Article 10 of the İYUK | 30 days of silence under the general rule; the nature of the application is examined separately | Silence does not mean that a permit is granted. |
| Administrative detention | Criminal judgeship of peace; a separate legal route | A humanitarian residence request does not automatically lift detention. |
The time limits are calculated together with the validity of service, the case of a last day falling on a holiday and any applicable special provisions. A social media message, a CİMER application or a repeated petition are not methods that restart the time limit for suing by themselves. [1][3]
The annulment action and the stay of execution
The courts with general jurisdiction over a humanitarian residence act are the administrative courts. As to territorial jurisdiction, the location of the administrative authority that issued the act and the relevant special provisions are taken into account; it should not be assumed that all actions are to be filed in Ankara. Where an administrative application is not mandatory, an action can be filed directly. [3]
The statement of claim should show which humanitarian ground was not assessed, on which material fact the administration erred and which document was disregarded. If a stay of execution is requested, the conditions of manifest unlawfulness and of damage that is difficult or impossible to remedy must be made concrete together. The interruption of care, the separation of a child or the risk relating to treatment should be tied to documents. The seven-day time limit for a separate deportation decision must not be allowed to pass in reliance on the application. [3]
Separate protection for deportation and administrative detention
Article 53/3 of the YUKK contains the time limit for filing an action and the guarantee that, while an action filed in time is pending, the deportation act is not carried out, subject to the foreign national's consent. Notifying the authority that issued the act of the application should also be followed. This guarantee cannot be generalised to all consequences of an action against a refusal of humanitarian residence. [1]
Administrative detention is a restriction of liberty separate from the deportation decision. An application to the criminal judgeship of peace and the review of the continuation of detention can be pursued independently of the residence action. The period within which the judge must decide on an application concerning detention should not be read as a preclusive period for making the application. [1]
Following the file after the court decision
An annulment decision must be applied to the administration together with its reasoning and operative part. It should not be assumed that the court takes the administration's place and in every case issues a card of a specified duration. The administration's re-assessment, the performance of what the decision requires, service and the issue of the new document are followed. Whether a further appeal is open, and its time limit, are likewise assessed on the basis of the decision concerned. [3]
Case law: criteria that strengthen and limit the application
A visa violation may not be regarded as sufficient for refusal on its own
In its decision dated 08.01.2020, E.2019/1380, K.2020/38, the 9th Administrative Case Chamber of the Istanbul Regional Administrative Court examined the situation of a foreign national who had a minor child, whose spouse was in serious need of care, and in respect of whom the deportation and detention measure had been ended. The chamber, stating that not having committed a visa violation is not a separately prescribed condition for humanitarian residence, found the refusal act unlawful in light of the specific family and care circumstances. [9]
The contribution of the decision is that it did not rely merely on the existence of a violation and assessed the real humanitarian need. This does not mean that every visa violation is forgiven or that all similar applications will be accepted. The old time provisions in the decision likewise cannot be used in place of the current text of the Law.
The existence of a family tie does not lead to a finding of violation in every file
In its decision dated 07.03.2024, application no. 2020/6545, given on the application of Nodıra Mustafayeva, the Constitutional Court reached the conclusion that the right to respect for family life had not been violated. Although there was a spouse and child who were Turkish citizens, the facts that no separate deportation decision had been taken against the applicant, that family life continued, that the alleged hardship in travelling was not made concrete, and that there were deficiencies in respect of the status of the action against the restriction record were important in the assessment. [10]
This decision shows not that a family tie is unimportant, but that the real effect of the administration's act on family life must be explained. Instead of being content to submit a mere family record, it should be examined how care and living together are affected and why the restriction act concerned needs to be argued separately.
The end of the permit period does not allow a previous risk of ill-treatment to be ignored
In its decision dated 22.07.2026, application no. 2026/23892, given on the application of Z.S., the Constitutional Court dealt with the failure to assess, in respect of a new deportation decision taken after the humanitarian residence period ended, ill-treatment allegations that had been found serious in earlier proceedings. The Court decided on a violation of the prohibition of ill-treatment because effective procedural guarantees had not been provided, on a retrial, and that the applicant should not be deported until the relevant proceedings were concluded. [11]
The conclusion to be drawn is the importance of submitting earlier risk assessments and judicial decisions in the new file. The decision does not lay down a general rule that everyone will receive indefinite humanitarian residence or that the action will necessarily be accepted.
Related articles: Routes of application after the refusal of a residence permit and in later migration procedures; Service and the seven-day period in a deportation decision; Non-deportability on grounds of health and pregnancy; How a Turkish spouse and child affect a deportation decision; Restriction code and lifting an entry ban; Objection to an administrative detention decision; Residence Permits in Türkiye: Types, Application, Extension and Legal Remedies Against Refusals.
Conclusion
In a humanitarian residence permit, the right approach is not to repeat the person's hardship, but to link the concrete need to a statutory ground, a current document and the correct route of application. The best interests of the child, the need for health care and support, the danger of return or the impossibility of departure must each be shown separately. Just as a visa violation does not by itself decide the file, a family tie or the filing of an action does not secure an automatic permit.
The most important protection is to keep the types of act and the time limits distinct. The existence of a route available against the residence refusal does not make up for missing the seven-day limit applying to a separate deportation decision. The application, the decision, the notification, the action and the implementation after the decision should be followed together.
Frequently Asked Questions
Can the humanitarian residence permit be granted to anyone?
No. A concrete link must be established with at least one of the grounds in Article 46 of the Law. A general statement of hardship or the wish to live in Türkiye is not sufficient on its own. [1]
Can I apply if my visa has expired?
A visa or residence violation does not by itself exclude a humanitarian application. However, for the application to be accepted, a statutory humanitarian ground and facts supporting it are also needed. [2][9]
Does the refusal of my tourist residence entitle me to humanitarian residence?
No. The refusal of a tourist permit does not on its own prove the existence of a humanitarian ground. The reason for the refusal and the person's health, child, care or other special situation are assessed separately. [1]
If my child attends school in Türkiye, is obtaining a permit certain?
It is not. School enrolment may be important; but it is assessed together with the child's age, the care relationship, special needs and the effect of separation. [1][9]
Is pregnancy an automatic ground for a permit?
No. The travel risk connected with pregnancy and the other features of the case are important. A reasoned health assessment is different from mere information about pregnancy. [1]
Is the application made through e-İkamet?
For humanitarian residence, a reasoned application to the Provincial Directorate of Migration Management concerned and that directorate's acceptance procedure should be taken as the basis. One should not proceed on the assumption that the online procedure explanations published for ordinary permits apply unchanged. [5]
Is it mandatory to apply through a lawyer?
There is no general requirement. The person or their legal representative may apply; representation through a lawyer is also possible. The administration may, where necessary, require the person to be present in person. [2][5]
What should I do if I do not have a passport?
Together with the existing identity documents, the reason why the passport cannot be obtained should be explained. The effect of the lack of a document is examined in the specific file; the conclusion that "no identity information is needed" cannot be drawn. [1][2]
Is private health insurance mandatory?
The Law provides that the conditions for granting the other residence permits are not applied. However, the insurance condition is different from the documents requested for identity and the humanitarian ground; the financing of health services is also assessed separately. [1][2]
Is the total fee for the application TRY 964?
No. TRY 964 is the 2026 residence permit document fee. The fee, past debt, translation and other expenses are separate items. [7]
Does my inability to pay the fee for a past violation prevent the application?
Under the special provision in Article 44/6 of the Regulation, if the conditions are met, the non-payment of a residence fee arising from earlier violations does not prevent the grant of the permit. This does not mean that the debt is erased. [2]
Do I obtain a document of lawful stay when I submit the petition?
No. A petition registration receipt and a properly issued application document showing the right to stay are not the same. The type and validity of the document you hold should be checked separately. [2][6]
Is humanitarian residence deemed granted when I file an action against a deportation decision?
No. The action and the guarantee that the deportation act will not be carried out are different from a decision on humanitarian residence. A separate administrative assessment is needed for the permit. [1]
Within how many days is an action filed against a refusal of humanitarian residence?
Unless there is a special provision, the general time limit is 60 days from the day following proper service. If there is a separate deportation decision, its seven-day time limit must be followed separately. [1][3]
Is an administrative objection mandatory?
As a general rule, an annulment action can be filed directly. If the route in Article 11 of the İYUK is used, the suspension of the time limit and the running of the remaining time after an answer or an implied refusal must be calculated separately. [3]
Is the permit always granted for one year?
No. The old one-year upper limit is not the current rule. The period granted is determined according to the statutory and administrative framework in force; an indefinite permit does not result either. [1]
When should one act for an extension?
The general extension period is the 60 days before expiry; the application must be made before the permit ends and the continuation of the humanitarian ground must be documented. The directorate's special file-submission procedure is followed separately. [2][6]
What is the time limit for address registration?
It is no later than 20 working days from the date the permit is granted. Maintaining a current address at which notifications can be reached is also important for later procedures. [1]
Can I work with humanitarian residence?
The card does not by itself confer unlimited authority to work. The work permit criteria facilities and the work permit exemption specific to eligible persons are different regulations; the valid permit or exemption document should be checked. [8][12]
Do my spouse and children automatically receive the same permit?
No. The appropriate legal status and application are assessed for each person. A family tie may support the humanitarian ground; on its own it does not create an automatic permit for the whole family. [1][2]
Does humanitarian residence lead to citizenship or long-term residence?
Not directly. There are special limitations as regards long-term residence and the calculation of periods, and separate statutory conditions as regards citizenship. [1][2]
Is being a Ukrainian national sufficient on its own?
An automatic permit and a general fee exemption cannot be concluded from this alone. The current special regulations and the person's concrete humanitarian situation should be assessed together. [1][7]
Can I leave the country during the application?
A safe return should not be assumed without examining the travel document to be used, the permit or application document, any visa and the entry restrictions. Merely filing a petition does not create an unconditional 15-day right of return. [6]
If I win in court, is the file completely over?
The administration's performance of what the decision requires, the re-assessment and the issue of documents should be followed. If there are separate restriction, deportation or detention acts, their legal status is also checked separately. [3][11]
Sources
- Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), in particular Arts. 4, 22, 25, 42, 46, 47, 53, 55 and 57. Current consolidated text: Ministry of Justice UYAP Legislation. Text of the Law.
- Regulation on the Implementation of the Law on Foreigners and International Protection, Official Gazette 17.03.2016, no. 29656; in particular Arts. 21, 22 and 44. Official Gazette. Accessible text incorporating the 2022 amendments, UNHCR Refworld.
- Administrative Procedure Law No. 2577 (İdari Yargılama Usulü Kanunu), in particular Arts. 7-11, 27, 28 and 32. Ministry of Justice UYAP Legislation.
- Presidency of Migration Management, Residence Permit Types, Humanitarian Residence Permit section. Official explanation.
- Turkish Red Crescent (Türk Kızılay), in cooperation with the Ministry of Labour and Social Security and İŞKUR, Guide to Transition to the Labour Market, November 2024, p. 9; explanation of application and representation before the Provincial Directorate of Migration Management for humanitarian residence. Guide.
- Presidency of Migration Management, Residence General Information; explanations on the application document, extension, assessment and travel. Official information page.
- Presidency of Migration Management, Documents for Residence Permit Fee Amount; 2026 residence permit document fee and fee explanations. Official tariff explanation.
- Ministry of Labour and Social Security, General Directorate of International Labour Force, Work Permit Assessment Criteria, section Ç 1.1-b, 1.2 and 1.3. Current criteria.
- Istanbul Regional Administrative Court, 9th Administrative Case Chamber, 08.01.2020, E.2019/1380, K.2020/38. Full text, De Jure; platform access may be required.
- Constitutional Court, Nodıra Mustafayeva, application no. 2020/6545, 07.03.2024, in particular §§29-37. Full text, De Jure; platform access may be required.
- Constitutional Court, Z.S., application no. 2026/23892, 22.07.2026, in particular §§12-20. Full text, De Jure; platform access may be required.
- Ministry of Labour and Social Security, General Directorate of International Labour Force, Documents Issued to Foreigners, section 3.3-b; exemption under Art. 48/1-ş of the Regulation on the Implementation of the International Labour Force Law. Official explanation.