Rights and Obligations of Foreigners Who Have Applied for or Hold International Protection under Turkish Law

Review of legislation and sources: 10 October 2026

Foreigners who have applied for international protection or who benefit from it have rights to education, health care, work, family life and legal remedies. However, the conditions for these rights depend on whether the person is an applicant, refugee, conditional refugee, subsidiary protection holder or within temporary protection. Holding an identity document does not mean that every service will be provided unconditionally, and breaching address, notification or permit duties does not automatically remove fundamental rights. [1][2]

The problems a protected family faces in Türkiye usually arise at the same time: a child's school registration requires an address, a work permit application depends on status, and the continuity of health insurance is subject to separate conditions. For this reason, legal assessment cannot be made by looking only at the identity card. Status, type of act, date of the act and the person's specific needs must be considered together.

This guide draws on the rights and obligations framework built in the academic work of the same title by Neşe Baran Çelik, and also takes account of subsequent legislative changes and relevant case law. In particular, old information on identity documents, work permits, general health insurance, the 2026 health rules under temporary protection and time limits for challenges should not be confused with the rules currently in force. [3]

How international protection status changes the scope of rights

An applicant and a status holder are not in the same legal position

An international protection applicant is a person whose request has not yet been the subject of a final decision. Registration of the application gives access to procedural safeguards and to the services provided by law; it does not mean that the application has been accepted. The need for protection is decided after an interview, an assessment of country information, the personal risk and the documents submitted. It is wrong both to postpone all of the applicant's rights until a status decision and to treat the application as already accepted. [1, art. 3, 65–80]

Refugee status under Article 61 of the YUKK rests on a well-founded fear of persecution for the reasons listed in the law, arising from events that occurred in European countries. The question is not limited to the nationality written in the passport: the cause of persecution, the geographical connection of the events, and whether the person cannot or does not wish to avail themselves of the protection of their country are assessed together. A need for protection of the same nature arising from events outside Europe is the subject of conditional refugee status under Article 62.

Subsidiary protection is provided for under Article 63, for situations in which a person who is neither a refugee nor a conditional refugee would face, on return, the death penalty, torture or inhuman or degrading treatment or punishment, or a serious individual threat to life or person because of indiscriminate violence in an armed conflict. General economic hardship alone cannot be recognised as a ground for international protection without these conditions being shown. Conversely, it cannot be said that danger can be proven only by an official conviction document: consistent personal accounts, threats, medical records and current country information all matter together.

Temporary protection is a separate legal regime

Temporary protection is carried out under Article 91 of the YUKK and the Temporary Protection Regulation, which applies in cases of mass influx. It is not a fourth status of individual international protection. The decision to include a person in the protection, registration, identity documents and rules on service provision are all distinct. The rule that individual international protection applications by persons covered by the regulation are not processed during the period of temporary protection is a consequence of this distinction. It cannot be interpreted as meaning that the guarantee against refoulement does not exist. [2, art. 7, 16; provisional art. 1]

The work opportunities in this table do not remove the professions closed to foreigners under the law or the relevant permit conditions. Legal bases: YUKK Articles 76, 82, 83 and 89; Temporary Protection Regulation Articles 22, 25 and 29, and labour legislation. [1][2][4][5]

The reciprocity exemption does not equalise all rights

Article 88 of the YUKK exempts holders of international protection status from the reciprocity requirement. This matters where the exercise of a foreigner's right depends on whether his or her own State grants the same opportunity to Turkish citizens. However, all applicants and persons under temporary protection are not automatically covered by this provision. Moreover, the exemption does not remove every citizenship, profession or property acquisition requirement set by special laws.

The rule that the rights and facilities of foreigners may not be interpreted as exceeding those given to Turkish citizens also does not mean that foreigners enjoy all rights on the same terms as citizens. Fundamental human rights, rights tied to a particular status, and assistance provided on the basis of need are assessed separately. For instance, the conditions of health insurance and the absolute nature of the prohibition of torture are not subject to the same legal yardstick. [1, art. 88; 3, pp. 83–89]

Entry into Türkiye and the guarantee against refoulement

Irregular entry does not by itself prevent examination of a protection request

Passport, visa and entry rules may not be applied in a way that makes it impossible to lodge an international protection application. The application is, as a rule, made in person to the governorate; a request made at a border gate or to law enforcement is notified to the competent authority. The person should clearly state why he or she fears returning to their country and ask for the request and the date of application to be recorded. [1, art. 8, 65]

Article 65(4) of the YUKK provides that persons who apply on their own initiative within a reasonable time and explain the valid reasons for their irregular entry or stay are not prosecuted for those acts. Seeking protection does not confer general immunity from all criminal and administrative sanctions. The administration may inquire into the reason for any delay and the consistency of the statement; the applicant should, for his or her part, explain the circumstances of escape, language barriers, illness or the period during which he or she could not actually access the application.

The ECtHR judgment in Jabari v. Türkiye shows that the mechanical application of the former five-day time limit for applying, without examining a serious risk of ill-treatment, is objectionable. The Court held that removal to Iran would violate Article 3 of the Convention and that the right to an effective remedy had been infringed. The judgment concerns the 1994 regime, which is not the present application procedure; its current significance is that a procedural rule must not render meaningless the examination of a risk to life and of ill-treatment. This does not mean that the time limits for actions currently in force may be disregarded. [6, §§ 39–50]

The end of protection status does not automatically make return lawful

Article 4 of the YUKK prohibits sending a person to a place where he or she would be subjected to torture, inhuman or degrading punishment or treatment, or where his or her life or liberty would be threatened for the reasons stated in the article. For persons against whom a deportation decision cannot be taken, Article 55 provides additional safeguards. The prohibition of serious ill-treatment under Article 3 of the ECHR is not offset by the person's conduct or by an argument of public security. [1][6]

It is therefore wrong to read the exceptions in Article 33(2) of the 1951 Refugee Convention as an authority to send a person to a place where there is a risk of torture. A security argument may have legal consequences for status, residence or administrative measures, but the risk of prohibited ill-treatment in the country of destination is examined separately. Likewise, a transfer to a third country cannot be assessed while disregarding the possibility that the person will be passed on from there to a dangerous country. [3, pp. 90–95; 6]

The applicant should submit evidence that links personal danger to the general situation in the country: threats directed at him or her, events connected with his or her political or social identity, earlier detentions, medical records and developments in the home country. Where documents cannot be found, the reasons should be explained. Facts that come to light later should be added to the file. A consistent chronology of events, with dates, places and persons, should be built to answer the administration's general and contradictory account. The credibility of a protection claim cannot be strengthened by producing forged documents.

Identity documents and the right to lawful stay

Old identity validity periods cannot be used as current legal provisions

An international protection applicant whose registration is complete is issued an identity document under Article 76 of the YUKK. The identity of refugees, conditional refugees and subsidiary protection holders is governed by Article 83. These documents are not subject to fees and replace a residence permit. Under the current provisions, the power to set the validity period and the renewal procedure has been left to the Ministry. Information from older publications, which states six months for the applicant's identity or one to three years for certain statuses, cannot be transferred as if it had remained unchanged. [1, art. 76, 83]

The validity of the document and the current status of the application or status should be checked together with the system record. Physical possession of the card does not nullify a cancellation decision. Conversely, the loss of a card or its incorrect issuance does not mean that the need for protection has ended. Errors in name or date of birth should be reported without delay, and a written correction and the issue of a new document requested; the application number must be kept.

The temporary protection identity document, under Article 25 of the Regulation, gives the right to stay in Türkiye, but it is not a residence permit or a document replacing one. Where banks, notaries, schools or health facilities face identity verification problems with the holder of such a document, they should be resolved while preserving the legal character of that document. For each transaction, the basis for the document requirement should be asked: one institution's acceptance condition should not be generalised to all institutions. [2, art. 22, 25]

A protection identity does not confer a long-term residence right or citizenship

Article 42(2) of the YUKK does not grant a right to move to long-term residence to refugees, conditional refugees, subsidiary protection holders, persons under temporary protection and holders of a humanitarian residence permit. Long stays in Türkiye within these groups do not by themselves remove this obstacle. A humanitarian residence permit is a separate procedure whose conditions are set out in Article 46 of the YUKK; it is not an automatic solution for every rejected protection application. [1]

The validity periods of a temporary protection identity document are not counted towards a residence permit total, and that document does not give a right to apply for citizenship. For other protection statuses too, citizenship cannot be reduced to carrying an identity card or completing a certain number of years. The conditions of the relevant citizenship route, the periods of residence that may be counted, and the assessment by the competent authority must be examined separately. Marriage or having a child likewise does not automatically produce citizenship. [2, art. 25; 3, pp. 96–102]

Residence, accommodation and travel

Province of residence and address registration affect access to services

An applicant may be required to reside in a designated place and to report. Article 82 of the YUKK allows, for conditional refugees and subsidiary protection holders, an obligation to reside in a particular province and to report, on grounds of public order or public security. Under temporary protection, the Regulation also contains rules on province, place of residence and notification. It cannot be assumed that every foreigner is subject to the same restriction in every province; the decision applied to the person and his or her status must be examined. [1, art. 71, 82; 2, art. 24, 33]

Address registration is more than a place to receive post. It is among the basic facts of the file because it is linked to school, health care, assistance and service of notifications. Giving an address where the person does not actually live, or failing to update records after moving, can lead to loss of services and procedural problems. If a change of province is needed, an application for permission or transfer should be made with documents showing the need, such as family reunion, education, health or work; the effect of a move should be assessed separately while awaiting the response.

Accommodation needs must be separated from administrative detention

Under Article 95 of the YUKK, applicants and status holders are, as a principle, expected to provide accommodation for themselves. The possibility of benefiting from reception and accommodation centres does not mean that housing is provided permanently and free of charge to everyone. Priority for persons with special needs, the family's economic situation and the nature of available services are taken into account. Where there is homelessness, disability, pregnancy, a young child or a risk of violence, each circumstance should be documented separately. [1, art. 67, 95]

A reception and accommodation centre, a temporary accommodation centre and a removal centre are not the same institution. Deprivation of liberty in a removal centre cannot be described as housing assistance: administrative detention is subject to statutory conditions and judicial review. For privately rented housing, the terms of the tenancy and the general rules apply separately. Protection status does not mean that every rental dispute will be resolved by the migration authority.

A domestic travel permission and an international travel document are different

A change of province within the country or a travel permission is not sufficient documentation for leaving Türkiye and re-entering. Refugees are subject to the travel document arrangement of the 1951 Convention; the travel document request of a conditional refugee or subsidiary protection holder is assessed under the Passport Law by virtue of the reference in Article 84 of the YUKK. The issue of a document does not remove the visa or admission conditions of the State to be visited. [1, art. 84]

A return to the country of origin, re-availing oneself of that State's protection, or leaving Türkiye may, depending on the circumstances, give rise to a review of whether protection has ended. The grounds in Article 85 of the YUKK and the individual rules on termination of temporary protection, exit and return are not the same. In particular, for a person under temporary protection, exit to a third country requires a check of the permit conditions. Before buying a ticket, the document, the exit permission and the possibility of re-entry should be considered together. [1, art. 85; 2, art. 12–13, 42–43]

The right to education and school registration of children

Access to primary and secondary education is a core element of protection

Article 89(1) of the YUKK governs access to primary and secondary education for applicants, international protection status holders and their family members. Educational services under temporary protection are, under Article 28 of the Regulation, under the control and responsibility of the Ministry of National Education. The fact that a child's protection request has not yet been finalised cannot be used as a reason to postpone education for the whole duration of the examination. [1][2]

In practice, the process runs through the school or the district directorate of national education. The family should prepare the identity document, address information and, if available, the school report, certificate or diploma from earlier education. The absence of documents does not remove the need to place the child at a level appropriate to age and education; assessment and equivalence procedures should be carried out with the competent education authority. Not speaking Turkish is a need for support, which should be taken into account in registration and teaching. [7]

The school's explanation that there are no places, that the address is wrong or that documents are missing should be made specific. The family should learn in writing which document is required and why, and which authority will resolve the matter; discrepancies between the child's identity number and the school record should be corrected together. Accepting an oral refusal without further steps makes later applications harder. Once enrolment is secured, attendance, guidance and, where needed, specialist learning support should be followed up.

Higher education and scholarships have separate conditions

The right to primary and secondary education does not mean that every holder of protection will be admitted to a university without examination or free of charge. Admission, certification of prior education, diploma equivalence procedures, language proficiency, fees and scholarship conditions are assessed together with the rules of YÖK, ÖSYM and the relevant university. The route to admission may vary depending on the programme and the person's educational history. [2, art. 28; 7]

Scholarships and education grants, unlike the right to education, depend on the conditions of particular programmes. The grant amount or application calendar of a previous year must not be used as if current. The applicant should prepare separately the school admission, the protection record, his or her economic situation and academic achievements. Refusal of a scholarship application does not mean refusal of the right to enter university.

Access to health services and the 2026 regulation

Duration and exceptions of general health insurance in international protection

Under Article 89(3) of the YUKK, applicants or status holders who have no other health insurance and no ability to pay are subject to the provisions of Law No. 5510 for one year from the date of registration of the international protection application. Persons with special needs, and those whose insurance registration the Ministry considers appropriate to maintain, are not subject to the one-year limit. The statement that "everyone holding a protection identity has insurance that continues indefinitely" therefore does not comply with the current rule. [1, art. 89/3; 8]

The start of the year is not the first hospital visit or the date of recognition of status. The date of registration, whether the insurance is active, the existence of other coverage and documents on special needs should be checked. A report on a chronic illness, disability or need for intensive treatment should be submitted not only to the hospital but also attached to a request to maintain or reassess insurance. It cannot be said that every illness automatically creates an exception: the state of health and the legal criteria are assessed together.

The law also regulates the removal from general health insurance of a person who has been refused protection by an administrative decision. Permission to stay in the country while a challenge to a protection decision is pending does not mean that insurance is automatically reinstated in every case. Insurance registration and access to health services should be assessed separately and, if necessary, an application for interim legal protection considered. If it is later established that the person had the ability to pay or other coverage, the recovery of costs may arise. [1, art. 89/3]

Participation payments and reimbursement under temporary protection

For health services under temporary protection, it is not correct simply to repeat the insurance explanation in Article 89 of the YUKK. The amendment that entered into force on 1 January 2026 changed the participation payment and financing arrangement in Article 27 of the Temporary Protection Regulation. Persons under temporary protection pay participation payments in accordance with the provisions of the Health Implementation Communiqué. [2, art. 27; amending decision No. 10658]

As a result of coordinated assessment by the Ministry of Family and Social Services with the Presidency of Migration Management, persons found to have no ability to pay may have the participation payments they made reimbursed upon request by the social solidarity and assistance foundations. Determining ability to pay and the request for reimbursement are separate elements. For this reason, receipts, pharmacy or health facility payment records and documents showing identity and household composition should be kept.

The amendment also provides that, for those identified as unable to pay, the cost of health services is met from the relevant fund, and that such persons, except in emergency and compulsory situations, do not apply directly to private health facilities. For services not covered by the SGK, there are separate limits, apart from vaccines. It cannot be concluded from these provisions that all treatment is free for everyone or that the full cost falls on every patient. The scope of the service, referral, ability to pay and participation payment should be examined separately.

The Regulation also covers preventive services such as screening and vaccination against infectious diseases, reproductive health information, children's vaccinations and national screening programmes. For persons whose registration is not yet complete at the first crossing of the border or in an emergency, the provision allowing processing on the basis of identity details is preserved. Urgent need for help should not be treated as a request to be postponed merely because of an administrative document problem. [2, art. 27]

Protecting the right to health is not the same as covering all costs

Under Article 90(2) of the YUKK, education and basic health care remain outside the restrictions linked to breach of obligations. Article 35 of the Temporary Protection Regulation, by contrast, refers to education and emergency health services. These expressions must not be used interchangeably; the special provisions on financing and the scope of insurance apply separately. [1][2]

The administration may claim that there is a dispute about registration, other coverage or ability to pay. The person, however, must show the risk of interruption of treatment, his or her economic situation and the special need. The report establishing the existence of the illness and the administrative record showing why access to the service has been cut off should be in the same file. Where a child, pregnancy, disability, torture or serious violence is involved, appropriate psychosocial support and specialist assessment should also be requested. [1, art. 3, 67; 2, art. 48]

The right to work, work permits and social security

Which statuses require a separate work permit

A refugee or subsidiary protection holder may work as an employee or on their own account from the moment status is obtained; the identity document also replaces a work permit. An applicant and a conditional refugee may apply for a work permit six months after the date of the international protection application. The expiry of six months is not the grant of a permit and not a right to start work in fact. The application must be completed having regard to the employer and the form of the work. [1, art. 89/4; 4]

Restrictions on closed jobs and professions for foreigners remain in place. The limits on the access of refugees and subsidiary protection holders to the labour market for economic and sectoral reasons are different from the reservation of a profession to citizenship. Three years of residence in Türkiye, marriage to a Turkish citizen or having a Turkish citizen child are important for the restrictions in Article 89/4-c, but they are not a general exemption that removes every professional prohibition.

For persons under temporary protection, the six-month period is counted from the date of temporary protection registration. In the work permit assessment, the registration province, the nature of the work and the employment conditions are considered. For work where exemption is regulated, such as seasonal agriculture and livestock farming, the relevant notification and exemption procedure must be followed. The formula "no permit is required for this job" does not mean that no official step or record is necessary. [5]

A work permit does not replace a residence permit in any protection group

A work permit or exemption document issued to an applicant, a conditional refugee or a person under temporary protection does not replace a residence permit for those statuses. This important exception can be overlooked when the general effect of a work permit on stay is described. Holding a work permit does not make unnecessary the renewal of the identity document, the registration of an address or the obligations linked to status. [4][5]

To apply, the identity and status record, employer details, the employment contract, the description of the work and wages, and if necessary diplomas or professional competence documents should be prepared. The administration's reason for refusal should not be summarised as "a foreigner cannot work": a distinction should be drawn between a prohibited profession, a province, an employer condition or a missing document. The claim that a permit decision is unlawful is put forward by showing which condition was wrongly assessed.

Pay and insurance rights are protected separately from the permit

Protection status does not remove the employer's wage, working time, occupational health and safety and social security obligations. A work permit file and an SGK notification are not the same procedure. The worker should keep the contract, wage payment records, workplace correspondence and records showing actual work. Where there is a workplace accident or non-payment of wages, the migration status issues and the claims under labour law are considered together but on separate legal bases.

The existence of sanctions for unauthorised work is not a sufficient explanation for disregarding the work done and the loss incurred. However, each type of claim has its own condition and competent route, so the applicable remedy must be identified separately. Nor can it be said that a foreigner without a permit bears all the consequences in the same way as a citizen. The preliminary steps for a labour claim and the administrative route against a refusal of a permit do not replace each other. [4][5][3, pp. 119–128]

Social assistance and economic obligations

Article 89(2) of the YUKK enables needy applicants and status holders to access social assistance and services. Article 89(5) separately provides for a small allowance for a needy applicant; cases under Articles 72 and 79 — inadmissible applications and accelerated examination — are excluded from this provision. It would be wrong to extend this exception to all adverse decisions as if they all had the same consequence. [1]

Under temporary protection, social assistance and services are provided within Article 30 of the Regulation and the relevant programmes. There is no general right for every identity holder to receive the same amount of regular cash payment. Household income, employment, number of household members, disability and programme conditions may produce different results. Admission to one assistance programme does not automatically mean admission to another. [2]

When applying, income and household details must be declared truthfully. Starting work, moving or changing the household affects both the notification duties under migration legislation and the conditions of assistance programmes. If the administration claims that the economic situation has changed, the person should respond with current records. Sums wrongly obtained may be recovered in whole or in part; the recovery decision should state the period, the amount and which information is considered incorrect. [1, art. 90; 2, art. 33]

Family unity, children and persons with special needs

In a family application, the adult's consent and individual risk matter

A foreigner may apply on behalf of family members who are based on the same grounds and who arrived with him or her; the consent of an adult family member is required. The fact that the family is in one file does not mean that everyone's danger is the same. Violence suffered by a spouse, the risk that a child will be forced into armed activity, and the different political or social positions of family members must be treated separately. Excluding one family member from protection also does not automatically take the others outside its scope. [1, art. 64–65]

The explanation given by the family's representative should not prevent the other adult from giving an independent statement. Where there is suspicion of violence or pressure, the need for a separate and safe interview should be stated; the choice of interpreter and the conditions of the interview should respect this sensitivity. The best interests of children are assessed without reducing them to the administrative situation of a parent.

Family residence permits and family reunification under temporary protection are different routes

Article 34 of the YUKK expressly regulates a family residence permit for refugees and subsidiary protection holders in respect of a foreign spouse, a minor child and a dependent foreign child. Such a permit may be issued each time for no more than three years. Article 35 sets conditions for the sponsor concerning income, suitable accommodation, health insurance, criminal record, and residence and address registration; for refugees and subsidiary protection holders in Türkiye, these conditions may not be required. The phrase "may not be required" does not mean that the conditions are automatically removed in every file. [1, art. 34–35]

Marriage and descent, the age or dependency of the child, the intention to live together as a family, and, where necessary, the consent of a joint guardian abroad should be documented. Where a person is married to several spouses, a family residence permit may be granted to only one of the spouses; the position of children is regulated separately. The administration may investigate a marriage it believes was entered into only to obtain a residence permit. Documents proving a genuine family relationship are important; however, requests for documents that would require the person to approach the authorities of the country where they face danger should be assessed with regard to safety and the need for protection. [1, art. 34, 37]

Applicants and conditional refugees are not in the same special category under Article 34 as refugees, but this does not mean they have no right to family life. The existence of another basis for a residence permit and the proportionality of a measure affecting family unity should be examined. Under temporary protection, family reunification is based on Article 49 of the Regulation; the rules for spouses, minor children and dependent adult children are taken into account, together with the special approach to unaccompanied children. [2]

The best interests of the child and protection of victims of violence

For unaccompanied children, child protection legislation applies; appropriate care, representation, safety and family tracing needs are considered together. Under temporary protection, family reunification procedures for a child identified as unaccompanied are started immediately, without waiting for a request from the child. An adult found with a child must not be presumed to be the parent or legal representative. Where kinship or representation is documented, the child's views should be taken into account in line with age and maturity; efforts to trace the family must not endanger the child or the family. [1, art. 66; 2, art. 48–49]

Special needs are not limited to physical disability. An unaccompanied child, an elderly person, a pregnant woman, a lone parent with a child, and a victim of torture or serious psychological, physical or sexual violence all create different procedural and service needs. These needs should be visible in health care, accommodation and interview conditions. The person should report their specific situation as far as possible with a report and other documents; the administration should not apply the same procedure to everyone without assessing the concrete need. [1, art. 3, 67]

The registration of a birth in Türkiye, marriage or divorce, custody and care relationships are also particularly important. The registration of a birth and the acquisition of Turkish citizenship are different matters. The protection of a victim of violence cannot be sacrificed to the idea of keeping the family in the same place at any cost. The assessment of family unity should cover the safety of every family member.

Information, interpreters, lawyers and access to the file

An incomprehensible procedure cannot be followed effectively

Under Article 70 of the YUKK, the person must be informed about the application process, rights and obligations, and the consequences of non-compliance. The applicant's ability to form a few simple sentences in Turkish does not show that he or she understands a complex interview or a notification. The need for an interpreter must be stated expressly. The scope of interpretation support during application, registration and interview is assessed under the relevant provisions of the law and the implementing regulation. [1][9]

Before signing the record of an interview, it should be checked that the account has been accurately recorded; if there is a translation or recording error, its correction should be requested. It is equally important that no statement that was not made enters the record, and that a risk the person did report is not left out. A person should not confirm the content of a document he or she cannot read. Signatures, fingerprints, interpreter details and service records should be examined together in the file.

In Yusuf Ahmed Abdelazım Elsayad, the Constitutional Court assessed how difficulties in access to a lawyer during a deportation process affected the practical use of remedies, and found a violation of the right to an effective remedy linked to the prohibition of ill-treatment. The practical lesson of the judgment is that a remedy written in the law is not, on its own, sufficient. A meeting with a lawyer, access to a copy of the decision and the possibility of applying in time must be provided together. [10]

Legal aid and exemption from court costs are distinct

An applicant or status holder may be represented by a lawyer at his or her own expense. For those who cannot afford a lawyer's fees, Article 81 of the YUKK provides for the provision of legal services in accordance with the legal aid provisions of the Attorneys Act for judicial applications within this section. Relevant special provisions for temporary protection and administrative detention are also examined. An application may be made through the legal aid unit of the bar association where the person is located, describing the concrete matter and the economic situation. [1, art. 57/7, 81; 2, art. 53; 11]

The appointment of a lawyer by the bar and a court's decision granting legal aid for fees and litigation costs are not the same process. If necessary, both should be requested. Where security for costs or reciprocity arises because of foreign nationality, the person's status, applicable agreements and relevant procedural rules are examined separately. A general conclusion that no one holding a protection identity pays any costs cannot be drawn.

Applying for legal aid does not mean that the time limit for an action is automatically suspended. The date of service, the last day of the time limit and the need for urgent interim measures should be stated expressly in the application. The application should be accompanied by documents showing identity, income and expenditure, and a sample of the procedural document; if information is missing, its completion should be requested while preventing the time limit from expiring.

Inspection of the file and protection of personal data

Article 94 of the YUKK regulates the confidentiality of information about the applicant and the status holder, and the right of the person, his or her representative or lawyer to inspect and copy the documents in the file. Where restrictions apply on grounds of national security, public order or prevention of crime, the document that is withheld and its effect on the defence should be specified. It cannot be concluded from the fact that some file information may not be freely disclosed that all information may be published without restriction. [1]

Protection reasons, medical reports, information about children or records of political activity should not be shared in open internet comments. Contacting the authorities of the country of origin to obtain documents cannot be recommended without considering its effect on the safety of the person or his or her relatives. Sharing information needed for legal assistance must also be limited to the purpose and carried out by a secure method. The duty of the applicant to provide information and the administration's duty to protect it operate together.

Challenging decisions, actions and the protection of liberty

The time limit is determined by the title and legal basis of the decision

A rejection of protection, a finding that an application is inadmissible, a deemed withdrawal, the termination of status, deportation and administrative detention are different acts. Being served with them on the same day does not mean that a single application suffices for all of them. Each decision must first be read separately: the authority that issued it, the reasons, the service and the route of challenge should be identified.

The table is a general framework; the start of the time limit, defective service, the last day and the applicable special provisions are calculated on the file. The main bases are: YUKK Articles 53, 57, 68 and 80; İYUK Articles 7–11; and two decisions of the Council of State Administrative Chambers Plenary of 14 May 2025. [1][12][13][14]

Council of State Administrative Chambers Plenary decision E.2025/13, K.2025/34 adopts a special thirty-day time limit for actions concerning the cancellation of temporary protection status or identity. The decision also stresses that the route of challenge and its time limit must be notified in a language the person understands. Where there has been no proper notification, the general time limit case law becomes important; but waiting in reliance on a longer period is not appropriate. [13]

Council of State Administrative Chambers Plenary decision E.2025/12, K.2025/35 of the same date adopts a general sixty-day time limit for the implied refusal of a request for temporary protection status or identity. A dissenting opinion argues that the special thirty-day time limit should also apply to implied refusal. The two decisions should therefore be read without contradiction: one concerns an express cancellation, the other a refusal arising from the absence of a response. [14]

Under Article 10 of the İYUK, failure to respond within thirty days generally constitutes an implied refusal. If a response given in time is not definitive, there is a possibility of waiting for the definitive response; this waiting may not exceed four months from the date of application. A response given later, and whether an action had already been brought earlier, may also affect the calculation of the time limit. For this reason, not only the date of the first petition but all responses and notifications should be kept together. [12]

For the service and seven-day time limit for a deportation decision, see our article Objecting to a deportation decision and the seven-day time limit for an action.

The suspensive effect of an action differs for each procedure

During an objection under Article 80 of the YUKK, or until the proceedings are concluded, the person is permitted to remain in the country. This guarantee does not mean that a rejection of protection automatically removes all consequences for service provision, or that an action need not be brought against a separate deportation decision. The consequences for health, registration and services should be assessed separately. [1, art. 80, 89]

For a deportation decision under Article 53 of the YUKK, provided the person consents, the deportation is not carried out within the period for bringing an action and, if an action is brought in time, until the proceedings are concluded. The bringing of the action must be notified to the deciding authority. The fifteen-day period within which the court must decide is linked to the completion of the file and the procedural stages; describing it as a period that starts on the day the action is filed is incorrect.

For administrative acts that do not themselves have a suspensive effect, a stay of execution may be requested under Article 27 of the İYUK where conditions are met. The manifest unlawfulness of the act and the serious or irreparable harm caused by its implementation should be explained together. Harm such as a child being removed from school, the interruption of serious treatment or the blocking of access to family should not be left in abstract terms; it should be shown through records and reports. An application for interim measures is not itself equivalent to a decision granting a stay. [12]

The correct route must be chosen for administrative detention and compensation

A person cannot be placed under administrative detention merely because he or she has applied for international protection. Under Article 68 of the YUKK, the detention of an applicant is exceptional and depends on individual assessment; it may not exceed thirty days. Detention for the purpose of deportation under Article 57 is different: as a rule it may not exceed six months; if removal cannot be completed because the person does not cooperate or because he or she provides incorrect information about the country of nationality or documents, it may be extended by a further six months at most. The need for continued detention is reviewed each month; where necessary, a review is carried out before thirty days have elapsed. [1]

Alternative measures under Article 57/A, such as residence at a specified address and reporting, are also considered; the total duration of alternative obligations may not exceed twenty-four months. An application to the criminal judgeship of peace does not automatically suspend the detention; if circumstances change, a fresh application is possible. The safeguards of access to a lawyer, relatives, necessary health care and the protection of children must be preserved. Setting aside a detention decision and setting aside a deportation decision are different claims.

The Constitutional Court Plenary decision in İbrahim Muhammed Ali addresses an effective remedy for conditions of detention during ongoing administrative detention. The finding of a violation of the right to an effective remedy linked to the prohibition of ill-treatment should not be stretched to mean that all complaints in the decision were upheld: no violation was found in respect of the right to liberty and security. The decision shows that the legal basis of detention and the conditions of detention must be assessed separately. [15]

The Court of Jurisdictional Disputes decision of 16 February 2026, E.2026/12, K.2026/85 determined that a claim for material and non-material compensation based on the allegation of unlawful administrative detention must be heard by the ordinary courts. This is not a general rule that all damage from migration actions passes to the civil courts; it concerns the nature of a claim based on an administrative detention decision. Ending ongoing detention, remedying poor conditions and compensating past harm should not be treated as one and the same legal route. [16]

An individual application to the Constitutional Court and an application to the ECtHR are not the first option in place of the ordinary remedy. The effectiveness of domestic remedies, the finality of the decision, the time limit for applying and, where necessary, the conditions for an urgent interim measure should be assessed. The mere making of an application does not automatically stop deportation or detention; the relevant statutory safeguard or an interim measure from the competent body must be sought.

For further explanation of the deportation procedure, see also the article "Deportation Decision (Deport)". The status, daily rights and obligations covered by this guide should be monitored independently of any deportation case.

For the objection to detention, see objecting to an administrative detention decision, and for initial steps where a relative is in a removal centre, see My Relative Is in a Removal Centre.

Notification duties and consequences of breach

Which changes must be reported, and when

For rights to be exercised, the administration must be able to reach the person and know current information. However, not every notification is subject to the same period. Thirty days and twenty working days cannot be used interchangeably. It must be determined which information is required for the status concerned and to which authority the notification must be made. [1, art. 90; 2, art. 33]

Notification cannot be regarded as complete merely because an appointment has been booked. A record of the handover of the document, a dated copy of the petition, or an official electronic submission receipt should be kept. If the portal is down or an appointment cannot be accessed, the dates and attempts should be documented, and the competent unit notified without delay. It cannot be assumed that an address reported to one institution is automatically updated in all others.

Breach of the duty to sign or attend an interview

Article 77 of the YUKK provides that failing without excuse to attend an interview three times in succession, or failing three times in succession to fulfil the notification obligation, may lead to the application being treated as withdrawn. Other grounds, such as leaving the place where the person was required to reside without permission and not going to the designated address, are regulated separately. There is therefore no guarantee of the kind "for every breach, three warnings come first". [1]

The timely notification of an excuse, and its documentation, are decisive. Hospitalisation, a serious transport obstacle, or a notification that was not made in the proper manner may change the assessment in the particular case. The administration may argue that the person knew of the summons and acted without excuse; the applicant should explain his or her situation with records of service, health, transport and communication. The existence of an excuse does not mean that the administration will know of it by itself.

A deemed withdrawal of an application is an act concerning the applicant; it cannot be assumed that each breach of a status holder's obligations leads to the same act under the same name. Cancellation of status, termination, restriction of rights or an administrative sanction must each rest on its own conditions. The restriction of rights under Article 90 of the YUKK requires an individual assessment and written notice; the exception for education and basic health care is preserved. Under temporary protection, the warning and service-restriction regime of Article 35 of the Regulation also applies separately.

The duty to provide information is not an unlimited power

To establish identity and the need for protection, accurate information must be given, existing documents must be submitted and unexplained inconsistencies must be cleared up. The administration must also explain the legal basis of its request and its consequences. Under the procedure for obtaining information on invitation provided in Article 97 of the YUKK, a person brought in by force may be held for no more than four hours; this procedure cannot replace a separate administrative detention decision. [1]

Not every administrative error is a crime, and not every breach of obligation automatically results in deportation. On the other hand, breaches relating to a forged document, identity or working status may give rise to different administrative and criminal consequences. The provision on which the act is based must be matched with the person's concrete conduct, and the right to defence and to challenge must be preserved.

Termination of protection, voluntary return and resettlement to a third country

The termination of international protection and the cancellation of status are different. Termination may be based on a change in the need for protection or in the legal conditions listed in the law; cancellation may be based on circumstances such as false information or deception in obtaining status, or on grounds requiring exclusion from protection. The conditions of Articles 85–86 of the YUKK must be assessed individually. Any change in conditions in the country does not prove that every person can safely return on the same day. [1]

The general termination of temporary protection and the removal of a particular person from its scope are also different. The provisions of the Regulation on general termination and individual termination carry different decisions and consequences. The status recorded in the person's registration should be established, and the reasons for the decision, its service, its effect on services and the guarantee against refoulement should be assessed together. [2, art. 11–13]

Voluntary return must rest on informed and free consent. It is important that the content of any document signed is understood, that the position of family members is assessed, and that the legal consequences of return are known. Simply having a person who does not speak Turkish sign a form does not reliably establish free consent. Circumstances such as being under supervision, health conditions or pressure to separate from family must also be examined. [1, art. 87; 2, art. 42]

Resettlement to a third country is not a right that every applicant can obtain on request, nor a procedure whose outcome is guaranteed within a fixed time. The assessment is linked to protection needs and to the decisions of the receiving State. No reliance should be placed on a claim that a place or a result can be bought from UNHCR for payment. Education, health and notification procedures in Türkiye should not be neglected on the expectation that resettlement might follow in future. [17]

A document and action plan to prevent loss of rights

Mutually supporting records should be kept in the same file

The effectiveness of legal assistance does not depend only on submitting many documents. It must be clear which claim each document supports and which act it belongs to. The division below makes it easier to identify gaps.

Original documents should be kept; secure copies should be filed by date and type of document. In translation, the consistency of names, dates of birth, decision dates and numbers should be checked. Where a document cannot be found, the reason and any alternative means of verification should be explained. Creating a false document or a false account undermines the reliability of the protection file.

Where there are several problems, priority is set by the risk of irreparable harm

First consider the risks that cannot be reversed: deportation, deprivation of liberty, urgent medical needs or a child's safety. Then record each decision's date of service and time limit in a calendar. The correction of identity, address, school and insurance records may proceed in parallel; waiting for one institution to reply does not stop the time limit for another decision from running.

Hypothetical example: a family's temporary protection identity has been cancelled, a child has a school registration problem, and the father has been separately served with a deportation decision. An application about the identity does not remove the need to observe the seven-day time limit for an action against the father's deportation decision. An approach to the national education authority to resolve the school problem does not replace the action either. Each family member's decision, status and need must be recorded separately.

After a favourable decision, the process should not be treated as finished. It should be monitored to ensure that the court decision has reached the relevant administration, that identity and service records have been corrected, and that the person actually obtains services. A cancellation of a decision does not always mean that the court itself grants status; the administration may have to take a new decision in line with the court's reasoning. Under Article 28 of the İYUK, the enforcement of the court's judgment and any continuing harm are assessed separately. [12]

What the international approach adds to the assessment in Türkiye

Protection is not limited to not being sent back. It also matters whether the person can carry on daily life, whether the child can access education, and whether the person understands the legal process. The rights and obligations approach in Baran Çelik's study opens this integrity to discussion within the systematics of Turkish law. However, the 2015 framework should be used with its later changes to insurance, work and procedural rules in mind. [3]

Under the new reception conditions of the European Union, applicable from 2026, accommodation, health care, education, access to the labour market and the early identification of special needs are considered together. The European Commission's current statement emphasises the education of children, basic needs, proportionate restrictions and the principle that detention is a last resort. These rules are not Turkish legislation that applies directly in Türkiye. The value of the comparison lies in showing the difference between issuing an identity document and effective access to rights. In Turkish law, the concrete legal outcome must be built on the applicable national provisions and the human rights treaties to which Türkiye is a party. [18]

Article 96 of the YUKK on adaptation also aims to ensure that the person understands his or her rights and obligations and maintains mutual relations with social life. Language, education and counselling activities are valuable in this respect. Participation in an adaptation programme should not be presented as a commitment to permanent residence or citizenship. Understanding rights is also a condition for fulfilling obligations. [1]

Conclusion

International and temporary protection comprise different statuses and procedures that concern a person's safety, dignity and daily life. For legal protection to be effective, it is not enough to issue an identity document; it must be understood what rights the document provides, on what conditions access to services depends, and when which obligations must be performed.

The insurance period and the 2026 participation-payment rule in health, the status-dependent work permit conditions, the continuity of a child's education and individual needs in family reunification are connected in the life of a single family. This connection does not mean that there is one legal route for every question. Protection requires separate examination of decisions on protection, deportation and administrative detention, correct calculation of time limits, and documentation of each application.

For a person who wishes to exercise his or her rights, the most useful starting point is to confirm current status, gather decisions and notifications, document special needs, and assess the options for challenge without delay. The task of the administration is to make decisions that are understandable and reviewable and take account of individual circumstances. Protection acquires real meaning when a child can attend school, a patient can learn the conditions of treatment, and a family can take legally defensible decisions about its future.

This text is general legal information. The route in a particular case is determined by the status, the type of decision, the date of service, the date of events and the personal circumstances.

Frequently asked questions

Are international protection and temporary protection the same?

No. Refugee, conditional refugee and subsidiary protection are individual international protection statuses. Temporary protection is a separate regime of collective protection in mass influx. Identity, work, health care and the outcome of applications differ between them. See the section on the distinction between statuses.

Does an international protection identity replace a residence permit?

Valid identity documents of applicants and status holders under international protection replace a residence permit. A temporary protection identity document provides lawful stay in Türkiye, but it is not a residence permit and does not replace one. See the section on identity and stay.

Can every holder of a protection identity work without a work permit?

No. A refugee or subsidiary protection identity replaces a work permit. For applicants, conditional refugees and persons under temporary protection, a separate permit or an applicable exemption procedure is required. Professions closed to foreigners remain closed. See the section on work.

Can work begin directly once six months have passed?

No. In the relevant groups, the lapse of six months is a condition for applying for a work permit. For international protection, the period runs from the date of the application; for temporary protection, from the date of registration. The mere passing of the period is not enough if the permit or exemption procedure has not been completed. See the permit conditions.

Is health insurance under international protection indefinite?

No. For persons with no other coverage and no ability to pay, the rule is one year from the date of registration of the application. There are exceptions for persons with special needs and for those whose insurance the Ministry considers appropriate to maintain. The effect of an adverse administrative decision is assessed separately. See the health section.

Can participation payments made under temporary protection be reimbursed?

Participation payments made by persons found unable to pay may be reimbursed on their request through the social solidarity and assistance foundations. The payment document and the procedure for establishing ability to pay are important; not all payments are returned automatically. See the 2026 provisions.

Can a child attend school while a protection application is pending?

Yes. The pendency of a protection application does not remove the right to primary and secondary education. The school or the district directorate of national education should be approached with the identity document, address information and earlier school documents; any dispute about registration should also be addressed separately. See the section on school registration.

Is changing only the address enough to move to another province?

Not always. The province of residence, notification duties and permit conditions applicable to the person should be checked. A change of province and an address notification for travel are different procedures. Family, health, education or work reasons should be documented. See the section on residence.

Does a single missed signing obligation automatically cancel the application?

Not in every case. For applicants, three consecutive unexcused failures to report are a separate ground for treating the application as withdrawn; other grounds, such as leaving the residence without permission, are different. The excuse should be reported without delay. See the section on signing and interviews.

Does an action against a protection decision also cover a deportation decision?

Not automatically. A separate seven-day time limit for an action against a deportation decision runs from service and must be monitored. The filing of the action must be notified to the deciding authority. See the section on routes of challenge.

Is the time limit for an action against cancellation of temporary protection thirty or sixty days?

For an express cancellation, the special thirty-day time limit applies as a rule. For an implied refusal of a request for status or identity, the 2025 Council of State decision adopts the general sixty-day limit. The stages of service and implied refusal are calculated separately. See the section on time limits.

What can a person do if they cannot afford a lawyer?

They may apply to the legal aid unit of the bar association where they are located, describing the procedure and their economic situation. For court costs, a separate request for legal aid may also be needed. An application for legal aid does not in itself suspend the time limit for an action. See the section on legal aid.

Is there a five-day time limit for challenging administrative detention?

Under the YUKK, five days is the period within which the criminal judge must conclude the review; it is not a five-day time limit for the person to make the application. An application against detention does not automatically suspend it, and a fresh application is possible if circumstances change. See the section on administrative detention.

Does a protection identity guarantee family reunification or citizenship?

No. A family residence permit and family reunification under temporary protection depend on separate conditions. A protection document does not confer citizenship automatically, and a temporary protection identity does not give a right to apply for citizenship. See the sections on family life and the consequences of long residence.

Sources

[1] Law No. 6458 on Foreigners and International Protection, in particular Articles 3–4, 8, 34–37, 42, 46, 53–59 and 61–97. Current text of the law.

[2] Temporary Protection Regulation, Council of Ministers Decision No. 2014/6883 of 13.10.2014; Official Gazette 22.10.2014, No. 29153. In particular Articles 7, 11–16, 22–35, 42–49, 53 and provisional Article 1. Amendment of the health provisions by Presidential Decision No. 10658: Official Gazette 28.11.2025, No. 33091; in force 01.01.2026. Consolidated text of the Regulation.

[3] Baran Çelik, Neşe. "Türk Hukukunda Uluslararası Koruma Başvurusunda Bulunan veya Uluslararası Korumadan Yararlanan Yabancıların Hak ve Yükümlülükleri" [Rights and Obligations of Foreigners Who Have Applied for or Benefit from International Protection under Turkish Law]. İnönü Üniversitesi Hukuk Fakültesi Dergisi, 6(3), 2015, pp. 67–148. DOI: 10.21492/inuhfd.239917. Article and bibliographic details; open-access full text.

[4] Ministry of Labour and Social Security, General Directorate of International Labour Force. "Uluslararası Koruma Sağlanan Yabancılar" [Foreigners Granted International Protection]; "Çalışma İzni Sıkça Sorulan Sorular" [Frequently Asked Questions on Work Permits]. Institutional statements on Law No. 6735 on International Labour Force and related work regulations. Work by status; work permit statements.

[5] Regulation on Work Permits for Foreigners under Temporary Protection, Council of Ministers Decision No. 2016/8375 of 11.01.2016; Official Gazette 15.01.2016, No. 29594. Also the Ministry's statements on temporary protection and work permits. Official legislation index; Ministry work permit information system.

[6] ECtHR, Jabari v. Türkiye, App. No. 40035/98, 11.07.2000, final 11.10.2000, in particular §§ 39–50. Full text of the judgment.

[7] UNHCR Türkiye. "Education FAQs." Guidance on the right to education, registration documents and higher education. Guidance.

[8] Presidency of Migration Management. "On General Health Insurance of the Foreigners Who Are the Beneficiaries of International Protection", 11.02.2020. Institutional statement.

[9] Regulation on the Implementation of the Law on Foreigners and International Protection, Official Gazette 17.03.2016, No. 29656; in particular the provisions on information and interpretation. Text of the regulation.

[10] Constitutional Court, Yusuf Ahmed Abdelazım Elsayad, App. No. 2016/5604, 24.05.2018. Decision.

[11] UNHCR Türkiye. "Adli Yardım" [Legal Aid]. Application guide.

[12] Law No. 2577 on Administrative Procedure, in particular Articles 7–13 and 27–28. Current text of the law.

[13] Council of State, Plenary of the Administrative Chambers, 14.05.2025, E.2025/13, K.2025/34. Decision resolving the inconsistency concerning the time limit for an action against the cancellation of temporary protection status or identity. Full text of the decision.

[14] Council of State, Plenary of the Administrative Chambers, 14.05.2025, E.2025/12, K.2025/35. Decision resolving the inconsistency concerning the time limit for an action where a request for temporary protection status or identity has been impliedly refused. Full text of the decision.

[15] Constitutional Court Plenary, İbrahim Muhammed Ali, App. No. 2025/10406, 08.07.2025. Decision.

[16] Court of Jurisdictional Disputes, 16.02.2026, E.2026/12, K.2026/85. Jurisdiction over a claim for compensation for administrative detention. Full text of the decision.

[17] UNHCR Türkiye. "Üçüncü Ülkeye Yerleştirme" [Resettlement]. Information.

[18] European Commission, Directorate-General for Migration and Home Affairs. "Reception Conditions", 30.06.2026. Statement on EU reception conditions.

Date of review of legislation and online sources: 10.10.2026.