A humanitarian residence permit is an exceptional type of residence permit regulated under the Law on Foreigners and International Protection. Humanitarian residence permits are only granted in certain special circumstances.
In this article, our expert team of lawyers has compiled detailed information on the scope of international protection and humanitarian residence permit.
What is a Humanitarian Residence Permit?
Humanitarian residence permit is a type of residence permit that is applied for people who have a vital need to continue their lives in Turkey due to the reasons specified in the Law on Foreigners and International Protection. What are the reasons for obtaining a humanitarian residence permit?
- a) In case of the best interest of the child
- b) For persons who cannot leave Turkey or whose departure from Turkey is reasonable and possible despite deportation or ban on entry into Turkey
- c) For a person for whom a deportation decision cannot be taken due to the reasons specified in Article 55 of the Law
- d) During the judicial proceedings against the deportation decision, rejection of the international protection application or deemed withdrawn
- e) for the period necessary for the transfer of the applicant to the first country of asylum or to a safe third country
- f)Persons who need to stay in Turkey for urgent reasons or for the protection of national interests, public order and public security do not meet the application requirements for other residence permits
Humanitarian residence permit is granted. In addition, the law states that humanitarian residence permits may be granted “in extraordinary circumstances”, but does not explain what is meant by these circumstances. At this point, “extraordinary circumstances” should be evaluated according to the concrete case.
a)Best Interest of the Child
In cases of best interests of the child, humanitarian residence permits may be granted to the parents as well as the child. In order to apply for a residence permit in Turkey on this ground, the child’s presence in Turkey must be in the best interest of the child.
The most common example for this type of residence permit is the need for a foreign national child to be in Turkey for treatment purposes.
b)Foreigners who cannot leave Turkey
In cases where a foreigner is banned from entering Turkey or is subject to a deportation order, a residence permit may be issued if the foreigner is unable to leave Turkey or it is not reasonable or possible for the foreigner to leave Turkey.
c) Persons Against Whom No Deportation Decision Can Be Taken
In some cases, it is unlawful to issue or enforce a deportation order for foreigners. Persons in Turkey whose visa or residence permit has expired may obtain a humanitarian residence permit in the following cases
- There are serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country of deportation
- Those who are deemed risky to travel due to serious health problems, old age and pregnancy
- Those who are undergoing treatment for life-threatening illnesses and do not have the possibility of treatment in the country of deportation
- Victims of trafficking who are benefiting from the victim support process
- Victims of psychological, physical or sexual violence whose treatment has not yet been completed
A deportation decision cannot be taken for them, and even if it is taken, it cannot be implemented. During the period of this obstacle, individuals can stay in Turkey with a humanitarian residence permit.
d)Applicants for Judicial Review of Deportation Proceedings
The deportation decision can be appealed to the Administrative Court within 7 days after it is notified to the person or his/her lawyer. Persons who have appealed the deportation decision within the legal period can stay in Turkey with a humanitarian residence permit during the pendency of the case.
e) Refused International Protection Applicants
In the event of an appeal against the rejection of an application for international protection in Turkey, the applicants can stay in Turkey with a humanitarian residence permit during the proceedings.
f) Residence Permit issued until the person is sent to a safe country
When foreigners arrive in Turkey from their country of asylum, their application for international protection in Turkey will be rejected. In this case, the person will be sent back to the country of first asylum. Until this repatriation process is completed, the person remains in Turkey with a humanitarian residence permit.
Who can obtain a Humanitarian Residence Permit?
Humanitarian residence permit is an exceptional type of residence permit. In order to obtain this residence permit, certain requirements must be met. In the cases we have discussed one by one above, people can obtain a humanitarian residence permit. Accordingly, in general, we can list the persons who can obtain a humanitarian residence permit as follows
- The child, his/her parents on the grounds of the best interests of the child (e.g. treatment)
- Persons who cannot leave Turkey but are subject to deportation or entry ban
- There are serious indications that they will be subjected to the death penalty, torture, inhuman or degrading punishment or treatment in the country of deportation
- – Those who are deemed risky to travel due to serious health problems, old age and pregnancy
- Those who are undergoing treatment for life-threatening illnesses and do not have the possibility of treatment in the country of deportation
- Victims of trafficking who are benefiting from the victim support process
- Victims of psychological, physical or sexual violence whose treatment has not yet been completed
- Persons against whom a deportation order has been issued and who appeal against this decision to judicial bodies during the judicial process
- Those whose applications for international protection have been rejected and who have appealed against this rejection to the judiciary during the judicial process
They will be able to obtain a humanitarian residence permit. These persons must meet the conditions required to obtain a humanitarian residence permit other than the reasons listed. So what are the conditions for obtaining a humanitarian residence permit? How to obtain a humanitarian residence permit?
What are the Conditions to Obtain a Humanitarian Residence Permit?
In order to obtain a humanitarian residence permit, the person must first have one of the grounds mentioned above in the Law on Foreigners and International Protection. In addition, in order to obtain a humanitarian residence permit:
- Must have paid the application fee
- They should apply to the provincial migration administration affiliated to the governorship of their city.
If the applications of those who meet these conditions are evaluated and approved, they will be able to continue to stay in Turkey with a humanitarian residence permit.
How to Apply for a Humanitarian Residence Permit Step by Step
Humanitarian residence permit applications are different from other residence permit application processes. First of all, we would like to state that it is extremely important to get lawyer support in residence permit applications. A mistake or omission may cause the application to be rejected and may cause irreversible losses.
For detailed information on this subject, you can take a look at our article titled General Information on Residence Permit Application and Process.
Here is how to apply for a humanitarian residence permit step by step:
1. For humanitarian residence permit applications, you must first have a valid ground for application.
2. You must explain your grounds for application in detail in a wet signed petition
3. Along with your petition, you should prepare documents that support the facts you describe in your petition
4. You must submit your petition and supporting documents to the Provincial Migration Management under the governorship of your province
How many years is a humanitarian residence permit issued?
İ Although there is no time standard for humanitarian residence permits, a 1-year residence permit is usually granted if the application is approved. Until 2019, humanitarian residence permits were issued for a maximum of 1 year, but this time limit has now been lifted.
The application authority grants a humanitarian residence permit valid for the period it deems appropriate for the grounds.
What to do if your application for a Humanitarian Residence Permit is rejected?
Humanitarian residence permit is an exceptional residence permit. Therefore, it is absolutely necessary to have one of the grounds listed in the law. Despite having these grounds and making a correct application, people have the right to appeal and file a lawsuit for rejected applications.
So how long does it take to appeal if the humanitarian residence permit application is rejected?
An appeal or judicial remedy can be filed against the rejection decision within 60 days from the date of notification of the decision to the person or his/her attorney. Since appeal is not a mandatory procedure, individuals have the right to file a lawsuit directly at the Administrative Court.
It is very important for people to work with a lawyer in this process. We strongly recommend getting support from a specialized lawyer on the grounds that a possible mistake may cause loss of rights.
Can the Spouse and Children of a Humanitarian Residence Permit Recipient Also Get a Residence Permit?
Since the humanitarian residence permit is based on personalized requirements, it is only granted to individuals who meet the necessary conditions and have a valid justification.
On the other hand, if the spouse and children meet the requirements for a Family Residence Permit, it is possible for them to stay in Turkey with a family residence permit.
How to Apply for a Residence Permit Extension?
Humanitarian residence permit holders can apply for an extension 60 days before their residence permit expires.
So how to extend a humanitarian residence permit?
The humanitarian residence permit extension application is made through the e-residency system. After the online application is completed, the supporting documents and the application form are submitted to the Provincial Directorate of Migration Management for an interview. After this interview, if the person still has the necessary justification and continues to meet the conditions, the residence permit is extended for the period of time to be determined by the competent authority.
Can Foreigners Arriving in Turkey Due to War Obtain a Residence Permit?
In line with Turkey’s period-specific policies, humanitarian residence permits can be granted to foreigners who want to obtain a residence permit in Turkey due to the war.
For example, in line with the circular issued in 2022, Ukrainian citizens who came to Turkey due to the Russia-Ukraine war are not subject to criminal sanctions for visa violations, even if their visas have expired. For this reason, Ukrainian citizens can obtain a Humanitarian Residence Permit if they make a correct and complete application. The most important issue here is that the application is made in a proper and complete manner.
What Will We Do For You?
As Güneş & Güneş Law Office, we provide professional service to our clients with our 25 years of experience and expert attorney staff. We stand by our clients for legal processes and applications all over Turkey, especially in Antalya, Izmir, Istanbul, Ankara, Bursa, Mersin.
For our foreign clients who want to apply for a residence :
- Providing consultancy on residence permit
- Applying for a residence permit
- Preparing the necessary documents for the residence permit application
- Preparing for a residence permit application interview
- Initiating and following up the relevant appeal and litigation processes in case of refusal of residence permit
We provide professional services in 4 languages (Turkish, Russian, German, English). For more information about humanitarian residence permits and application processes, you can contact us via our Whatsapp contact line.
FREQUENTLY ASKED QUESTIONS
The main documents that must be submitted to the competent authority in humanitarian residence permit applications are as follows:
– Residence permit application form
– Passport
– Biometric photo
– Family certificate
– Identity document
In addition to these documents, different documents may be requested depending on the reason for the application.
On average, humanitarian residence permit applications are finalized within 3-6 months. However, this period may be longer or shorter depending on the intensity of the application process.
Yes, applicants are allowed to stay in the country during the application phase and travel abroad for no more than 15 days at a time.
As a humanitarian residence permit is an exceptional residence permit, it does not have the requirements of other residence permits. Accordingly, the humanitarian residence permit will generally not require health insurance.