Humanitarian Residence Permit

General Principles of Humanitarian Residence Permits

In granting humanitarian residence permits, the conditions or general obligations outlined for other residence permits may not be required. This type of residence permit can be issued in situations that, due to their nature, do not fall within the scope of other conditions specified by law.

Humanitarian residence permits can only be issued or extended for periods determined by the Ministry. This flexibility in requirements makes the humanitarian residence permit a vital option for those facing extraordinary circumstances, offering protection without the stringent criteria of other permits.

Humanitarian residence permits can be issued or extended by the governorships with the approval of the Directorate General of Migration Management. The term "issued by the governorship" implies that the permit can be granted directly by the administration without the need for an individual's application. This aspect of the regulation underscores the government's responsibility to act proactively in humanitarian cases, even when the individual concerned may not be in a position to apply. After discussing all these points, examples of situations in which a humanitarian residence permit can be granted are provided below.

A. The Best Interest of the Child in Humanitarian Residence Permits

• When the best interest of the child is at stake, a residence permit will be granted. This principle is aligned with international standards on child protection, ensuring that the child's welfare is paramount in all decisions.

  • For instance, consider a foreign child around 6-7 years old who has been diagnosed with cancer and cannot receive treatment in their home country. If this child is brought to Turkey with the help of a Turkish citizen, the situation may require intervention. If the child is unaccompanied, with no family in Turkey, and suffering from cancer, and a health measure is requested from the child court, the court's decision can allow the child to receive cancer treatment. In such cases, the child's mother, needing to stay in the country to care for her child, can apply for a "humanitarian residence permit."

  • In an example, the Istanbul 1st Administrative Court, in its decision dated December 29, 2016 (E. 2016/1524, K. 2016/2761), considered the best interest of the child and concluded that a humanitarian residence permit should be granted to an Algerian mother. The case involved an Algerian citizen who married a Turkish citizen and had three children. After divorcing her Turkish husband in 2005, custody of the children was given to the Algerian mother. She applied for a humanitarian residence permit from the Istanbul Provincial Directorate of Migration Management, citing high residence fees and financial difficulties that prevented her from obtaining other types of residence permits. The court ruled in favor of the mother, emphasizing that deportation would prevent her from fulfilling her custody duties, which would be against the best interest of the children.

B. Humanitarian Residence Permit for Those Unable to Exit

• When a decision has been made to deport or ban an individual from entering Turkey, but their departure is not possible or deemed reasonable, a "humanitarian residence permit" can be granted. This provision ensures that individuals who are in a legal limbo or face insurmountable obstacles to leaving Turkey are not left without legal status.

  • For example, the State of Turkmenistan requested that holders of old passports be allowed to stay in Turkey until they could obtain new biometric passports from the Turkmenistan consulate. The validity of this reason led to the issuance of the relevant residence permits.

C. Humanitarian Residence Permit for Those Who Cannot Be Deported and for International Protection Applicants

• It is also possible to grant a humanitarian residence permit to individuals for whom no deportation decision has been made.

  • The cases where a deportation decision is not implemented are limited under the principle of non-refoulement:

    • Individuals who are at serious risk of being subjected to the death penalty, torture, inhuman or degrading treatment or punishment in the country to which they are to be deported.

    • Individuals who are at serious risk of health issues, or who are of advanced age or pregnant, making travel dangerous.

    • Individuals who require ongoing treatment for life-threatening illnesses and cannot receive treatment in the country to which they are to be deported.

    • Victims of human trafficking benefiting from support processes.

    • Victims of psychological, physical, or sexual violence who are still undergoing treatment. These protections reflect Turkey's commitment to upholding international human rights obligations and providing refuge to those who would face severe harm if returned to their home countries. The examples of non-implementation of deportation decisions mentioned here may change according to the requirements of the time and situation.

  • For example, in its decision dated March 17, 2016 (E. 2015/1968, K. 2016/652), the Istanbul 1st Administrative Court reviewed a case involving an Egyptian citizen who had G-87 (general security-ban on entry) and Ç-114 (foreign national subject to legal action) restriction codes, which led to a deportation decision by the Istanbul Provincial Directorate of Migration Management. However, the court found that the Egyptian citizen's involvement in the opposition Rabia Freedom Movement and a political party opposed to the current regime in Egypt put him at serious risk of execution or degrading treatment if deported. The court's decision to annul the deportation order reinforces the principle of non-refoulement, ensuring that individuals at risk of severe persecution are not returned to their home countries.

• When legal proceedings are initiated against deportation decisions, the rejection of international protection applications, or the consideration of international protection applications as withdrawn, a "humanitarian residence permit" will be granted following the court's decision.

  • Those who are subject to deportation orders include:

    1. Individuals deemed to require deportation under the relevant provisions of the Turkish Penal Code.

    2. Leaders, members, supporters of terrorist organizations, or leaders, members, or supporters of organized crime groups.

    3. Individuals who use false information and forged documents in their applications for entry into Turkey, visas, and residence permits.

    4. Individuals who sustain themselves through illegal means during their stay in Turkey.

    5. Individuals who pose a threat to public order, public security, or public health.

    6. Individuals who overstay their visa or visa exemption period by more than ten days or whose visas have been canceled.

    7. Individuals whose residence permits have been revoked.

    8. Individuals who, without acceptable reasons, overstay their residence permit period by more than ten days after its expiration.

    9. Individuals found working without a work permit.

    10. Individuals who violate the legal entry into or exit from Turkey or attempt to violate these rules.

    11. Individuals who enter Turkey despite having been banned from entry.

    12. Individuals whose international protection application has been rejected, excluded from international protection, considered inadmissible, withdrawn their application, or whose status has been terminated or revoked, and who no longer have the right to remain in Turkey following the final decision.

    13. Individuals whose applications for residence permit extensions have been denied and who fail to leave Turkey within ten days.

    14. Individuals considered related to terrorist organizations by international institutions and organizations will be deported. This list highlights the broad range of circumstances under which individuals may face deportation, emphasizing the importance of legal protections and humanitarian considerations.

  • Even if individuals falling under the 2nd, 5th, and 14th conditions have applied for "international protection," they can still be deported. This exception clarifies that the principle of non-refoulement does not apply to individuals involved in terrorism or organized crime, balancing national security concerns with humanitarian obligations.

• The reasons for the rejection of an international protection application are listed as follows:

  • The application is renewed without presenting a different reason.

  • After consenting to the submission of an application on their behalf, the applicant makes a separate application without valid justification at any stage of the process or after the rejection of their application, without presenting a different reason.

  • The applicant comes from a first asylum country.

  • The applicant comes from a safe third country. In cases where the international protection application is rejected on these grounds, the applicant may still be granted a "humanitarian residence permit" if they challenge the decision in court.

• Individuals who have withdrawn their international protection application:

  • If they declare in writing that they have withdrawn their application.

  • If they fail to attend their interview three times in a row without valid excuse.

  • If they escape from the place where they are held in administrative detention.

  • If they fail to comply with notification obligations three times in a row without valid excuse.

  • If they do not go to the designated place of residence or leave the place of residence without permission.

  • If they oppose the collection of personal data.

  • If they do not comply with the obligations during registration and interview, their "international protection application" will be considered withdrawn. In such cases, the individual can challenge the administrative decision and may be granted a "humanitarian residence permit."

• A "humanitarian residence permit" may be granted while the process of returning the applicant to the first asylum country or a safe third country continues. The administration has the right to reject the applications of foreign nationals coming from a safe third country. Given the need to ensure the safe return of individuals to a third country, the administration is obliged to allow these individuals to stay in Turkey during this process, granting them a "humanitarian residence permit."

D. Humanitarian Residence Permit Based on Urgent and Extraordinary Reasons

• A "humanitarian residence permit" will be granted when, due to urgent reasons or for the protection of national interests, public order, and public security, a foreigner must be allowed to enter and stay in Turkey, but they are unable to meet the conditions required for other residence permits. This provision ensures that individuals facing urgent and extraordinary circumstances are not left without legal status, allowing them to remain in Turkey even when they do not meet the standard criteria for other permits.

E. Comparison to other residence permits

The humanitarian residence permit should be a last resort for any foreign national who wants to live in Turkey. The reason for the classification is that the nature of the protection is only temporary. The applicant cannot apply for the long term residence permit or a nationalization scheme because they are considered to be benefiting from protection, and the duration will not count towards the time pf stay. Making it difficult for foreigners to stay within the country, unlike other residence permits.

The foreigner who wants to apply for protection will only be offered to stay in pre-determined places of the country making it difficult for applicants to reach the job market. This is much more restrictive from 25 percent rule in any other residence permit. The applicant can bring his/her family members , as we have discussed in family residence permit. Certain general requirements, including visas in some cases, will be waived for beneficiaries due to the urgent nature of the application. This permit will also enable the applicant to a work permit after living in the country for 6 months. Education and other rights will also be enabled for the foreign national without specifically obtaining the student residence permit.