The humanitarian residence permit is an exceptional type of permit granted only to the categories of persons exhaustively enumerated in the legislation. The competent authorities issue this permit only in respect of foreign nationals who satisfy the required conditions.
Below we examine in detail to whom the permit may be granted, the procedure by which an application is conducted, and the legal remedies available where the permit is cancelled.
What Does a Humanitarian Residence Permit Mean?
This type of permit is an exceptional residence permit granted to foreign nationals whose continued stay in the country has become necessary by reason of the humanitarian grounds defined in the Law on Foreigners and International Protection No. 6458. In order to benefit from the permit, the circumstance relied upon in the application must fall within one of the exceptional situations enumerated in Art. 46 of the Law on Foreigners and International Protection No. 6458.
As a rule, the permit categories for which foreign nationals may apply are the short-term, long-term, student and family residence permits. The humanitarian residence permit stands outside this general scheme, in an exceptional position. Comprehensive explanations of the other permit types are set out in our note entitled “residence permit”.
In Which Situations May the Permit Be Issued?
The humanitarian residence permit is granted in the situations exhaustively enumerated in Art. 46 of the Law on Foreigners and International Protection No. 6458. Those situations are as follows:
- Where the best interests of the child so require,
- Where, notwithstanding that a deportation decision or an entry ban to Türkiye has been issued in respect of them, the departure of foreign nationals from Türkiye cannot be effected, or their departure from Türkiye is not considered reasonable or possible,
- Where no deportation decision may be issued in respect of the foreign national pursuant to Art. 55 of the Law on Foreigners and International Protection No. 6458,
- Where judicial recourse is had against deportation proceedings established on the basis of Arts. 53, 72 and 77 of the Law on Foreigners and International Protection No. 6458,
- Throughout the period during which removal proceedings to the first country of asylum or to a safe third country are ongoing,
- Where foreign nationals who must be permitted to enter and remain in Türkiye for emergency reasons, or for the protection of the country’s interests, public order and public security, have no possibility of obtaining one of the other residence permits,
- Where extraordinary circumstances are present.
A precondition for applying for this permit is that the foreign national is unable to benefit from the other permit types. The ground relied upon must be set out clearly and concretely in the application petition. For that reason, it is of considerable importance to obtain the assistance of a lawyer practising in the field of immigration law when a humanitarian residence permit is requested.
Where the Best Interests of the Child Are at Stake
The permit may be issued where the best interests of the child so require. A permit granted on that ground is not confined to the child alone; it may also be granted in respect of the child’s mother and father. Whether the best interests of the child are engaged in the particular case rests with the discretion of the administration, assessed within the framework of the features of each file.
Examples of this include the issuing of a permit to the parents of a child whose presence in Türkiye is necessary for various reasons such as medical treatment, or the case of a Turkish national child whose mother is a foreign national and who wishes to continue his or her education in Türkiye. In such a case too, the mother or father must have no possibility of applying for another type of permit.
Inability to Secure the Foreign National’s Departure from the Country
Where a foreign national who is present in the country despite an entry ban to Türkiye cannot be made to leave, or where his or her departure from the country is not considered reasonable or possible, the exceptional permit comes into play.
Likewise, the permit may be issued where, notwithstanding that a deportation decision has been taken in respect of the foreign national, his or her departure cannot be secured or is not considered reasonable or possible.
Situations in Which No Deportation Decision May Be Issued
The Law precludes the issuing of a deportation decision in respect of certain foreign nationals and, even where such a decision has been issued, its implementation. A humanitarian residence permit may be granted to persons in that position. The foreign nationals in respect of whom no deportation decision may be issued are as follows:
- Those in respect of whom there are serious indications that they will face the death penalty, torture, or inhuman or degrading punishment or treatment in the country to which they would be sent,
- Those for whom travel is considered risky by reason of age, pregnancy or serious health problems,
- Those whose treatment for a life-threatening illness is ongoing in Türkiye and who would have no opportunity to receive that treatment in the country to which they would be sent,
- Victims of human trafficking who are benefiting from the victim support process,
- Persons who have been subjected to physical, psychological or sexual violence, until their treatment has been concluded.
Once the circumstance constituting an obstacle to the deportation proceedings comes to an end, the permit is cancelled and the deportation is carried out.
Judicial Recourse Against Deportation Proceedings
The reasoned decision on deportation is served on the foreign national in respect of whom the proceedings are taken, or on his or her legal representative or lawyer. Within 7 days of service, an application may be made to the administrative court seeking the annulment of the decision. Where an action is brought against the deportation decision, its execution is automatically suspended and a humanitarian residence permit is issued to the person concerned.
Bringing an Action Against the Inadmissibility of an International Protection Application
Where judicial recourse is had against a decision finding a request for international protection inadmissible, a humanitarian residence permit is granted to the foreign national, with his or her own consent, until the proceedings are concluded, save in the situations falling within subparagraphs (b), (d) and (k) of Art. 54(1) of the Law on Foreigners and International Protection No. 6458.
This permit is likewise issued in the name of the foreign national where an action is brought against a decision that the international protection application has been withdrawn or is deemed to have been withdrawn.
Continuation of the Removal Process to a Safe Country
The fact that the foreign national has arrived in Türkiye from a first country of asylum or from a safe third country results in the rejection of the request for international protection. Nevertheless, he or she is permitted to remain in the country until the removal process has been completed; a humanitarian residence permit may be issued during that period.
In addition, where the first country of asylum or the safe third country does not accept the foreign national, the proceedings relating to the international protection application resume from the point at which they were left off.
Absence of Any Possibility of Benefiting from the Other Permit Types
A humanitarian residence permit may be granted to foreign nationals who must be permitted to enter and remain in Türkiye for emergency reasons, or on grounds of the protection of the country’s interests, public order and public security.
What is required in respect of the persons in this group is that, by reason of circumstances preventing a residence permit from being granted to them, they have no possibility of obtaining any of the other permit types.
Extraordinary Circumstances
The expression “in extraordinary circumstances” in subparagraph (f) of Art. 46(1) of the Law on Foreigners and International Protection No. 6458 has no clearly defined content. Nor is the meaning to be given to that concept defined in the Regulation on the Implementation of the Law on Foreigners and International Protection. Whether an extraordinary circumstance exists is therefore determined by weighing the features of the particular case, and the decision is taken accordingly.
By way of example, where the airport of landing is damaged as a result of events in the foreign national’s own country and all flights to that country are consequently cancelled, a humanitarian residence permit may be granted so that the foreign national may reside lawfully in Türkiye during that period.
Conditions Required for the Permit to Be Granted
The issuing of a humanitarian residence permit is subject to the following conditions:
- That one of the exceptional grounds enumerated in the Law is present in the particular case,
- That the fee relating to the application has been paid to the tax office,
- That the application is made to the provincial directorate of migration management by written petition,
- That the Directorate General of Migration Management approves the application.
Once these conditions are satisfied, the application is made to the Provincial Directorate of Migration Management within the governorship. Where the Directorate General of Migration Management gives its approval for the permit to be granted, the provincial directorate of migration management issues the humanitarian residence permit document in the name of the foreign national.
The conditions for this permit differ from those required for the other residence permits. Indeed, a humanitarian residence permit may be granted even where the conditions required for the other permit types are not satisfied.
Foreign nationals who obtain the permit are required to register with the address registration system within 20 working days at the latest from the date on which the permit was issued.
Where Is the Application Made?
The application is made to the provincial directorates of migration management operating within the governorships. Under the statutory arrangement, a provincial directorate of migration management may issue the humanitarian residence permit only after obtaining the approval of the Directorate General of Migration Management.
The application must be made in person to the provincial directorate of migration management by the foreign national, his or her legal representative or his or her lawyer. Applications made online are not accepted for this type of permit.
Application Form and Required Documents
The application is made by means of a wet-signed petition on the matter. The petition must explain in concrete terms the grounds forming the basis of the permit. Documents supporting those grounds must also be added to the file alongside the petition. In short, the existence of the circumstance making the grant of the permit necessary must be set out clearly in the petition.
For example, a foreign national who asserts that he or she must remain in the country because of a child’s illness must without fail attach to the petition the medical report substantiating that assertion.
Health Insurance for Foreign Nationals
A humanitarian residence permit is issued without the conditions prescribed for the other permit types being required. For that reason, in practice the existence of health insurance for foreign nationals is generally not made a condition in applications of this kind.
Costs and Lawyer’s Fees
During the application process, the total outlay comprising fees and notarial charges is in the region of TRY 2,000. It should not be overlooked, however, that fees and notarial charges are redetermined at certain intervals.
For How Many Years Is the Permit Issued?
In practice the permit is mostly granted for 1 year. The length of the period is, however, determined by the provincial directorate of migration management attached to the governorship to which the application is made. The administration makes that determination according to the particular circumstances and the ground on which the application is based. The administration also has the power to extend the permit, and no upper limit is prescribed for the extension period.
PLEASE NOTE: With the amendment made in 2019, the rule that the humanitarian residence permit be granted in instalments of at most one year each was repealed. The power to determine the period now lies with the Ministry of the Interior. It has thus become possible for periods to be fixed flexibly according to prevailing conditions.
How Long Does the Application Take to Conclude?
A humanitarian residence permit is issued on average within 3 to 6 months. This period may vary depending on the workload of the provincial directorate of migration management to which the application is made.
Once the application has been completed, the competent authorities issue an application document in the name of the foreign national who has applied. Until the request has been determined, the foreign national may, on the basis of that document, make multiple entries into the country, provided that each does not exceed 15 days.
May the Applicant Travel Abroad While the Assessment Is Ongoing?
It is possible for the foreign national to travel abroad while the application is being examined. That possibility arises by virtue of the application document issued by the provincial directorate of migration management following the appointment. Multiple entries into and exits from the country may be made, provided that the applicant returns within 15 days on each occasion.
Refusal of the Application
A request is refused where the application conditions are not satisfied or where deficiencies in the file are not remedied within the period allowed. The assessment of whether the application falls within the scope of the situations regulated in the Law on Foreigners and International Protection No. 6458 is made by the relevant administration.
In one of its decisions, the Istanbul 1st Administrative Court stated that the humanitarian residence permit is exceptional in nature and may be issued only on the basis of one of the situations enumerated in Art. 46 of the Law on Foreigners and International Protection No. 6458, and that decisions refusing requests falling outside those situations are in accordance with the law.
Objection and Action for Annulment Against a Refusal Decision
Where the application is refused, the foreign national may lodge an objection with the administrative authorities or may bring an action before the administrative court seeking the annulment of the refusal.
The period within which these remedies may be used is 60 days, running from the day following service of the refusal decision. The objection is addressed to the Presidency of Migration Management by means of a reasoned petition.
An action for annulment may be brought where the objection is rejected, where no reply at all is given, or where an indeterminate reply is given. Since the objection is not a mandatory stage, it is also possible to bring an action directly before the administrative court without recourse to it.
The points to be observed in the legal remedies to be pursued against a refusal decision, and the details of the process, are addressed in our note entitled “refusal of a residence permit”.
Family Residence Permits for the Permit Holder’s Spouse and Children
The spouse and children of a holder of a humanitarian residence permit may obtain a family residence permit, provided that the conditions required by Arts. 34 to 37 of the Law on Foreigners and International Protection No. 6458 are met. A family residence permit is issued for periods not exceeding 3 years on each occasion.
The period of this permit may in no circumstances exceed the period of the sponsor’s residence permit. In addition, where the sponsor holds a humanitarian residence permit, he or she must have been residing in Türkiye under a residence permit for at least 1 year.
Where those conditions are satisfied, the spouse and children of a foreign national holding a humanitarian residence permit may obtain a family residence permit. Extensive explanations on the subject are set out in our note entitled “family residence permit”.
Extension Application
An extension request is completed by submitting the required documents to the provincial directorate of migration management after an online application has been made through the e-residence system. The power to extend residence permits belongs to the governorships. The application must be made within the window that opens 60 days before the permit expires and, in any event, before the permit period has run out.
A document not subject to any fee is issued to a foreign national who wishes to extend the permit. By virtue of that document, the foreign national may continue to remain in Türkiye even though the residence permit period has expired.
Related note: residence permit extension
Related note: e-residence application
Documents Required for an Extension Application
The documents that must be included in the extension file are as follows:
- The residence permit application form signed by the foreign national and/or his or her legal representative,
- A notarised photocopy of the passport or of the document replacing the passport (where no such document exists, its production is not mandatory),
- 4 biometric photographs,
- A family document (requested so far as possible and obtained from the consulate),
- A criminal record (obtained from the authorities of the applicant’s own country; since obtaining it may take a long time, it is advisable to request it at least 3 months before the application. Where the applicant has been in Türkiye for the last 5 years, it may also be obtained from the Turkish judicial authorities),
- A photocopy, with sworn translation, of the identity document of the country of nationality,
- A photocopy of the previous residence permit document.
Some of these documents must be brought from the foreign national’s own country. Documents to be obtained from abroad must bear an apostille and must be submitted together with a notarised Turkish translation. In addition, the current residence permit itself and a photocopy of it must also be placed in the file.
Refusal to Extend or Cancellation of the Permit
Where the conditions making the issue of the permit necessary cease to exist, the governorships cancel the permit or refuse to extend it. Foreign nationals whose permit is not extended or is cancelled are invited to leave the country within 10 days. Deportation proceedings come into play in respect of a foreign national who does not depart within that period.
Where a person whose application has been determined favourably and who has received the permit document does not enter Türkiye within 6 months, the permit is cancelled. It is therefore important that the permit begin to be used within the prescribed period after it has been obtained.
Objection and Action for Annulment Where the Permit Is Cancelled or an Extension Request Is Refused
The foreign national, his or her legal representative or his or her lawyer may lodge an objection against a cancellation decision, or bring an action for annulment, within 60 days running from the day following service of the decision.
The objection is made to the Presidency of Migration Management by means of a reasoned petition. Where the objection is rejected or is not answered within time, an action for annulment may be brought; equally, an application may be made directly to the administrative court without any objection being lodged.
The legal remedies to be pursued against cancellation decisions and decisions refusing an extension are the same as those available against a refusal decision. Detailed explanations on the subject are set out in our note entitled “cancellation of a residence permit”.
Humanitarian Residence Permits Granted to Ukrainian Nationals on Account of the War
Under a circular published in 2022, humanitarian residence permits are granted to Ukrainian nationals on account of the war. As a result of the war between Russia and Ukraine, a large number of Ukrainians have come to Türkiye, while Ukrainian nationals already in the country have been unable to return home. In line with that circular, the provincial directorates of migration management afford facilities to Ukrainians who are unable to return because of the war.
No penal proceedings are taken on the ground of visa violation in respect of Ukrainian nationals who entered Türkiye under the visa exemption and have been unable to return to their country within the permitted period.
Again on account of the war, requests for humanitarian residence permits and for tourist residence permits are largely met without difficulty. Ukrainians wishing to apply for this permit may do so by following the procedure explained above.
The Position of Russian Nationals on Account of the War
As a rule, humanitarian residence permits are not granted to Russian nationals on the ground of the war. In practice, however, tourist residence permits are seen to be issued to these persons without difficulty. Russian nationals would therefore do better to pursue a tourist residence permit rather than a humanitarian residence permit.
The Position of Afghan Nationals
In practice, temporary protection status is granted in respect of Afghan nationals. In a request for temporary protection, the foreign national must attend the provincial directorate of migration management in person and make the application; applications made through a power of attorney are not accepted.
Conclusion
The humanitarian residence permit is an area containing a great many procedural details of administrative law and is, in that respect, a complex one. A mistake made at the application or extension stage may lead to the refusal of the request and to the deportation of the foreign national. For that reason, obtaining legal support from a lawyer specialising in immigration law is important if the process is to be concluded favourably in the shortest possible time.
Independent Legal Assessment
Although the humanitarian residence permit is often perceived in practice as “an option resorted to when no other permit can be obtained”, its legal character is different. The permit rests not on a general discretionary power of the administration but on situations enumerated one by one in the Law. The success of a file therefore depends to a large extent on which subparagraph of Art. 46 of the Law on Foreigners and International Protection No. 6458 the application is founded upon, and on whether that subparagraph is supported by concrete evidence. In administrative court decisions too, refusals are seen to be held lawful on the ground that the request falls outside the enumerated situations.
The second critical aspect of the process is timing. The twenty working days for address registration, the six-month entry period following the grant of the permit, the sixty-day window allowed for extension and the sixty-day period for bringing an action against refusal or cancellation decisions are independent timetables; missing one of them may render the others ineffective. In practice, the following points stand out in particular:
- Stating clearly in the petition which statutory subparagraph the application is based on, and submitting the documents supporting that subparagraph from the outset
- Demonstrating that there is no possibility of benefiting from the other types of residence permit
- Planning in advance for the apostille and notarised translation requirements applicable to documents to be brought from abroad
- Taking action at least three months before the application in respect of documents such as the criminal record, which take a long time to obtain
- Assessing in advance the risk of cancellation and of an invitation to leave the country should the circumstance on which the permit rests cease to exist
- Documenting the date of service of refusal, cancellation or non-extension decisions and keeping the sixty-day period under review
Independent Legal provides advisory services and litigation representation at every stage, from the preparation of foreign nationals’ applications for exceptional residence permits through to the objection and administrative proceedings to be pursued against cancellation and refusal decisions.