Dear visitor, welcome to our Turkey Humanitarian Residence Permit page.
Residence permits are divided into some necessary types according to various needs. In the following article, we will mainly examine the humanitarian residence permit among these species. Regarding the title in question. We will answer the questions of who is granted a humanitarian residence permit, how to obtain a humanitarian residence permit, what are the required documents for a humanitarian residence permit, and where to apply for a humanitarian residence permit. In addition, we will answer questions such as how the process works and how long it takes, what are the things to be aware of about humanitarian residence permits, and we will address other different and important details. For these reasons, we recommend that people who will apply for a humanitarian residence permit carefully read our article.
The Republic of Turkey has its own legal regulations regarding the residence of foreign nationals, as well as international agreements to which the Republic of Turkey is a party. The basic law based on residence permits of foreign nationals is “Foreigners and International Protection Law”. In the article below, we will examine the humanitarian residence permit according to the provisions of this law numbered 6458 and in addition to the problems experienced in practice.
The main subject of the article consists of important details regarding the humanitarian residence permit in Turkey. However, if we need to mention the names of other types of residence in Turkey where you can find detailed information on our website, we can list them as follows:
What is Turkey humanitarian residence permit?
The type of residence permit given to people who have been deemed necessary to stay in the Republic of Turkey due to humanitarian reasons is called “humanitarian residence permit”. The basic conditions and rules regarding the humanitarian residence permit are included in the article 46 of the Law on Foreigners and International Protection and its subsequent regulation. Humanitarian residence permit is a type of residence permit issued under special conditions in this article of the law and in special cases.
In which cases is Turkey Humanitarian Residence Permit given?
These situations can be listed as follows:
These cases we have listed are the technical expressions in the law in question and the results are seen in practice. Essentially, each of these conditions are general expressions of many situations in practice. Therefore, before making an application for a humanitarian residence permit in Turkey, the assistance of an experienced migration expert should be sought in order to check whether the necessary conditions are met and to complete the deficiencies.
Turkey Humanitarian Residence Permit and Refugee
The concept of refugee is a legally technical concept. However, it has different meanings from the meaning used in the media. The Republic of Turkey is one of the parties to the “Geneva Convention on the Legal Status of Refugees” and with the reservation it has made in this agreement, it gives the status of refugees only to foreign nationals coming from Europe. The legal protection status of foreign nationals coming outside of this situation is different from each other.
Humanitarian residence permit is a completely different phenomenon from the concept of refugee. Turkey humanitarian residence permit is a residence permit given to foreign nationals who meet certain conditions in the cases we have mentioned above. It is limited to certain periods and with the expiration of some situations, this permission may be canceled. We will discuss the details of this issue later in the article.
Who Is the Turkey Humanitarian Residence Permit Given To?
Humanitarian residence permit in Turkey is given to foreign nationals who are dealing with the above-mentioned special situations. In other words, the persons to whom this permission can be granted are not determined with a limited number. However, it is also possible to mention some people who cannot obtain a humanitarian residence permit. Accordingly, foreign nationals who have the opportunity to obtain any of the other types of residence permits (short term, long term, family, student, victim of human trafficking) mentioned above cannot be granted a humanitarian residence permit in Turkey. Because this permit is an exceptional type of residence permit.
For example, if a foreign national applies for a humanitarian residence permit, and if it is possible to obtain a student residence permit, this application will be rejected. We will mention the details of this issue below. Apart from this, anyone who meets the conditions stated in the article can be granted a humanitarian residence permit in Turkey.
Turkey Humanitarian Residence Permit Conditions
It is clearly stated in the provision of Article 46 of the Law on Foreigners and International Protection that the conditions of humanitarian residence permit in Turkey are different from the conditions of other residence permits. In other words, while obtaining a humanitarian residence permit in Turkey, the conditions in other residence permits are not sought. As we have mentioned, the humanitarian residence permit has a number of features different from other types of residence in terms of being exceptional.
It is possible to list the humanitarian residence permit conditions in Turkey as follows:
In the event that these conditions are fulfilled without any problems, the applicant foreign national will obtain the humanitarian residence permit with a residence permit.
Turkey Humanitarian Residence Permit Application
Turkey Humanitarian Residence Permit Required Documents and Application Form
In cases where the humanitarian residence permit mentioned above can be granted, the preparation of the file should be started if the conditions are suitable. The documents required for a humanitarian residence permit in Turkey also vary depending on the reason for which the humanitarian residence permit is requested. For example, documents for the determination of a situation where the best interests of the foreign child can be achieved and in case of extraordinary situations, the documents regarding the said situation vary. It will change according to all the situations we have mentioned above, however, positive documents must be obtained in order to make the determination.
At this point, it is important to get the support of a migration expert who knows the procedure, regarding how the provincial Migration Management responds positively to the documents in practice. However, the person who will apply for a humanitarian residence permit in Turkey is required to have at least an identity card from official institutions or organizations or a different document that can replace an identity card. In Turkey humanitarian residence permit applications, old passports can also be accepted. However, it is also necessary to fill out a form called the humanitarian residence permit application form during the application. Inforeigner experts will support you in filling out this form correctly and completely.
Where to Apply for Humanitarian Residence Permit in Turkey?
Article 46 of the law regulating this issue clearly states that the humanitarian residence permit will be granted by the governorship authorities. In Article 22 of the same law, Turkey’s humanitarian residence permit is among the cases where an application can be made to the Provincial Directorates of Migration Management, which are working within the governorships, in order to obtain a residence permit. Accordingly, a person who wishes to apply for a humanitarian residence permit can make the relevant application to the provincial directorate of migration administration operating within the scope of the governorships, directly or through his/her lawyer. However, applying for a humanitarian residence permit is a long and complex process. For this reason, we recommend that you get expert support in order for your application to be accepted and not to result in a negative result.
Turkey humanitarian residence permit is an exceptional type of residence permit, as we have mentioned above. It is different from other types of residence permits in terms of procedure and conditions. According to the provisions of Article 46 of the Law on Foreigners and International Protection (YUKK), in order for the Provincial Immigration Administration under the governorship to issue a humanitarian residence permit, the Ministry of Interior must first approve it. In other words, Turkey humanitarian residence permit is a type of residence permit whose, application conditions and approval authorities are slightly different from the normal ones.
Rejection of Turkey Humanitarian Residence Permit Application
Turkey humanitarian residence permit application is rejected in some cases. At the forefront of these situations is the situation where the above-mentioned situations, which are included in Article 46 of the Law on Foreigners and International Protection (YUKK), have not occurred. In other words, we can say that the applicant, the foreign national, cannot meet the limited conditions that can be granted a humanitarian residence permit. Applications made in a situation other than necessary are rejected.
Apart from this, if the foreign national is able to obtain one of the other types of residence permits that we have mentioned above, the humanitarian residence permit application in Turkey is again rejected because the type of humanitarian residence permit is exceptional and cannot be issued while other types of residence are available. Even if the conditions stipulated in Article 46 of the Law on Foreigners and International Protection are met, priority is given to other types of residence permits.
If foreign nationals who have a residence permit do not apply for an extension when the residence permit expires and they continue to reside, there will be a breach of residence permit and in this case the person will be fined a certain amount. By law, a new residence permit is not granted or extended before this penalty is paid. In other words, in case of a breach of residence permit, a fine is incurred and applications made before paying this fine are rejected. But the humanitarian residence permit is an exception to this rule. When applying for a humanitarian residence permit in Turkey, it is not checked whether there is any outstanding fee due to the violation of the residence permit.
Refusal and Cancellation Appeal …
Again, one of the important points is this: Having the conditions for obtaining humanitarian residence in Turkey does not mean that the application will definitely be concluded positively by the administration. The authority to conclude the application either positively or negatively in this regard lies entirely with the administrators in the provincial Immigration Administration. However, in cases where despite fulfilling all necessary conditions for the humanitarian residence permit, and normally required to be given but not issued, we start the necessary procedures and take action. Regarding the application, it has been seen that the provincial migration administrations from time to time do not accept such applications and do not even receive the petitions. In this sense, we recommend that you make your application through an expert. Refusal to accept the petition is a crime pursuant to 121 of the Turkish Penal Code. The following statements are included in Article 121 of the Turkish Penal Code: “If a person’s petition to the competent public authorities to exercise a certain right is not accepted without a legal reason, the perpetrator is sentenced to imprisonment up to six months.”
When the application for a humanitarian residence permit in Turkey is rejected, an action for annulment is filed at the authorized and authorized administrative court against this refusal decision given by the administration where the humanitarian residence permit was denied. We recommend that the process be followed by an experienced immigration expert in order not to cause such a negative situation with erroneous or negligent transactions and not to prolong the process unnecessarily.
Extension, Non-Extension or Cancellation of Humanitarian Residence Permit in Turkey
Humanitarian residence permit in Turkey can be granted within a certain period of time. Accordingly, a humanitarian residence permit can be issued for a maximum of one (1) year at a time. Likewise, it can be extended for a period of one year. Residence permit extension procedures can also be carried out by the Migration Management Directorates of the provinces affiliated to the governorships. In the legal regulations made, this one (1) year period has been included as the ceiling, in other words the upper limit. Accordingly, it is not possible to grant a Turkish humanitarian residence permit for more than one (1) year. As we mentioned above, if the permit expires, it can be extended according to a certain procedure. In addition, according to the regulations in the law, foreign nationals who have been granted a humanitarian residence permit in Turkey are obliged to register in the system called the “address registration system” in Turkey within twenty (20) days after this permit is granted. This is an obligation specified in laws.
Time Required …
Governorships are authorized to extend the residence permit. All these procedures are carried out by the Provincial Directorate of Immigration, which is affiliated with the governorships. It is possible to apply for an extension within the period between sixty (60) days to expire and the last day of the session permit. Foreign nationals who apply to extend their humanitarian residence permit in Turkey are given a document that is free of charge. Until the application for extension of the residence permit is finalized, this foreign national continues to reside in Turkey with this document in his/her hand.
When the residence permit is extended, the extended period is calculated to start from the expiry date of the previous residence permit. In other words, the fact that the application date is an early date does not destroy the remaining period of the previous residence right. It is also obligatory that the decisions regarding the extension of the humanitarian residence permit in Turkey are approved by the Ministry of Interior.
In accordance with the provision of Article 47 of the YUKK (Law on Foreigners and International Protection), it is possible to cancel or not to extend the humanitarian residence permit in Turkey. In the event of the termination of the situation and conditions stated in the above-mentioned, permitted conditions section, the Provincial Immigration Administration determines this situation by making its own examination and may cancel the humanitarian residence permit accordingly. In addition, during the extension application, the provincial Immigration Administration checks whether valid reasons continue and if it encounters a situation that does not require a residence permit, it notifies the Ministry of Interior. Accordingly, the residence permit is not extended.
Decision of Cancellation or Non-Extension …
Decisions regarding the cancellation or non-extension of the residence permit must be notified by the Immigration Administration of the province to the relevant foreign national no later than fifteen (15) days before the expiry of the permit. A foreign national whose humanitarian residence permit in Turkey is canceled or whose application for an extension is rejected receives an invitation to leave Turkey. If this foreigner does not leave Turkey, he will be deported by force. In other words, the deportation process begins. You can also review our article titled Deport Process for more information about the deportation process.
When we come to the point of objection against the decision of annulment or non-extension, we must finally state that foreign nationals whose humanitarian residence permit in Turkey has been canceled or whose extension request has been rejected have the right to file an action for annulment in the administrative jurisdiction. As a matter of fact, all these are administrative decisions and it is possible to initiate a process of seeking remedies in the administrative judiciary against any act or action of the administration. If the administration gives a rejection response or does not respond at all against this transaction within sixty (60) days, then a lawsuit is filed. The period for filing a lawsuit in the administrative jurisdiction is sixty (60) days, starting from the notification of the decision. When an objection is made to the relevant administration, this sixty (60) day litigation period stops. We would like to remind you again on the subject that it is of great importance to act with the help of an experienced immigration expert in order to avoid situations such as cancellation or rejection of the extension request.
Turkey Humanitarian Residence Permit Fees and Expenses
In order to obtain a humanitarian residence permit in Turkey, a certain amount of fee is required. Fees related to the humanitarian residence permit in Turkey are determined by being constantly updated in accordance with the provisions of the Law No. 492 on Fees. The fee to be collected for the residence permit within the framework of these rules is a fixed fee. In other words, it does not change according to the concrete features of the application. It is always a certain amount. These are usually not very high amounts. These amounts are determined within the framework of the tariff in the annex of the relevant Fees Law. If the foreign national who will obtain a humanitarian residence permit in Turkey is a foreigner who is a minor (under the age of 18), he / she pays half of the amount determined in this regard.
As we will mention below, the fines incurred in case of violation of the residence permit duration must be paid by the foreign national, but the non-payment of this fine is not a sufficient reason to refuse the application. In addition, there are some people who are exempted from paying fees for a residence permit. According to this;
Turkey Humanitarian Residence Permit and Foreigners Specialist Consultancy
As we tried to explain in detail above, residence permit is of vital importance for a foreign national person. Especially since there are humanitarian reasons in Turkey’s humanitarian residence permit, the process must be carried out with great care and diligence. Otherwise, unnecessary loss of time and money may occur, as well as more serious consequences, such as deportation. As we tried to explain in our article, this process is completed with the realization of a complex and difficult legal procedure.
For all these reasons, obtaining the legal assistance of an experienced foreigners expert who knows how the administration in question works, knows the problems in the application application and knows how to act against these problems, and follows the ever-changing legal rules will provide a great advantage in the humanitarian residence permit application process in Turkey.
Dear visitor, you can contact us on 0212 706 84 17 and get support from our experts for your Turkey humanitarian residence, short-term residence, indefinite residence, family and student residence permits, work permit, Turkish citizenship and deportation transactions.