1.INTRODUCTION
Pursuant to Articles 46 and 47 of the Law on Foreigners and International Protection No. 6458 (“LFIP”), the humanitarian residence permit is one of the types of residence permits that allows foreigners to legally reside in Türkiye. It is designed to provide a temporary and exceptional solution for individuals who are not eligible for other types of residence permits under ordinary circumstances. This permit is granted on the basis of the discretionary power of the administration, within the framework of the State’s humanitarian and legal obligations, particularly with respect to human rights, the principle of non-refoulement, and international commitments.
2.SCOPE
In accordance with Article 46 of the LFIP, a humanitarian residence permit may be granted under the following circumstances:
- Foreigners for whom a deportation order cannot be issued or enforced: For example, individuals lacking travel documents or whose return is not accepted by their country of nationality.
- Foreigners at risk of life-threatening harm: Those who may suffer serious harm if returned to their country due to civil war, gross human rights violations, torture, or risk of the death penalty.
- Children for whom a deportation order cannot be issued: Especially unaccompanied minors, if it is in their best interest to remain in Türkiye.
- Persons whose entry into Türkiye is deemed necessary: Such as individuals under international protection, journalists, and activists.
- Persons with serious health conditions: Individuals with illnesses (e.g., cancer, organ failure) that render travel medically impossible.
- Humanitarian grounds such as pregnancy, old age, or severe trauma: Especially for those undergoing treatment or in need of social support.
3.PROCEDURE AND REQUIRED DOCUMENTS
Applications for humanitarian residence permits must be submitted in person to the Provincial Directorate of Migration Management where the foreigner is physically present. Applications cannot be filed online through the e-residence system; thus, direct submission is essential.
The typical documents required include:
- Passport or equivalent identity document (if available)
- Reports, official letters, or documents substantiating humanitarian grounds (e.g., medical reports, court decisions, certificates from international organizations)
- Residence document or proof of address
- Four biometric photographs
- A petition clearly stating the reasons and justifications for the request
All documents submitted and declarations made during the application are evaluated by migration experts. The final decision is subject to the approval of the Directorate General of Migration Management.
4.RENEWAL OF THE PERMIT
The humanitarian residence permit is generally issued for a maximum period of one year. However, upon expiry, it may be renewed if a new application is made and the humanitarian grounds still persist.
For instance, a Syrian national who proves, through credible international reports, that returning to Syria would expose them to a risk of torture under the Assad regime may be granted a one-year humanitarian residence permit. If the risk continues at the end of the period, they may reapply based on the same grounds and request an extension.
5. RIGHTS AND RESTRICTIONS
- The humanitarian residence permit offers a more flexible status compared to other residence permits but does not grant a work permit by default. A separate application must be made to obtain a work permit.
- This type of permit is not counted toward the legal residency period required for Turkish citizenship application (LFIP Art. 47).
- Access to education, healthcare, and social services may be facilitated by public institutions, depending on the individual’s personal circumstances.
- The permit may be cancelled if the individual poses a threat to public order, public security, or general morality.
6.ADMINISTRATIVE SUPERVISION AND JUDICIAL REMEDY
Decisions regarding the granting, extension, or cancellation of humanitarian residence permits fall within the discretionary authority of the administration. However, such discretion must be exercised in compliance with the principles of legality and may not be arbitrary.
In this context, if an application is rejected, an extension is denied, or the permit is cancelled, the foreigner may file an annulment lawsuit before the competent administrative court within 15 days. Filing a lawsuit does not automatically suspend the administrative decision; however, the court may issue a stay of execution if deemed necessary.
7.CONCLUSION
The humanitarian residence permit serves as a vital protection mechanism within the framework of Türkiye’s human rights-based migration policy, aimed at supporting foreigners in vulnerable conditions. However, it is inherently temporary and should not be confused with permanent residency or a path to citizenship. The success of an application largely depends on the presentation of concrete, verifiable, and current humanitarian grounds. Therefore, legal assistance throughout the application process significantly contributes to the accuracy and expediency of proceedings.
Sincerely,
Kılınç Law & Consultancy
