Humanitarian Residence Permit, Turkey

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Revised May 2018 – Resource, Directorate General of Migration Management Turkey
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HUMANITARIAN RESIDENCE PERMIT IN TURKEY FOR FOREIGNER NATIONAL
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There are 6 residence permit types in Turkey that shall be regulated by ARTICLE 30 of the Law on Foreigners and International Protection No. 6458.
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ARTICLE 30 – Residence Permit Types

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(1) Types of residence permits are the listed below:
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a) Short-term residence permit;
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b) Family residence permit;
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c) Student residence permit;
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ç) Long-term residence permit;
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d) Humanitarian residence permit;
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e) Victim of human trafficking residence permit.
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Humanitarian residence permit shall be regulated by ARTICLES 46 and 47 of the Law on Foreigners and International Protection No. 6458.
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ARTICLE 46 – Humanitarian residence permit

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(1) Under the following cases, upon approval of the Ministry, a humanitarian residence permit with a maximum duration of one year at a time may be granted and renewed by the governorates without seeking the conditions for other types of residence permits:
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a) where the best interest of the child is of concern;
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b) where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be removed from Turkey or their departure from Turkey is not reasonable or possible;
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c) in the absence of a removal decision in respect of the foreigner pursuant to Article 55;
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ç) where there is a judicial appeal against the actions carried out pursuant to Articles 53, 72 and 77;
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d) throughout the removal actions of the applicant to the first country of asylum or a safe third country;
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e) in cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency interests as well as reasons of public order and security, in the absence of the possibility to obtain one of the other types of residence permits due to their situation that precludes granting a residence permit;
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f) in extraordinary circumstances.
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(2) Foreigners that are granted humanitarian residence permit should get registered with the address based registration system no later than twenty working days as of the issuance date.
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ARTICLE 47 – Cancelation or non-renewal of humanitarian residence permits
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(1) The humanitarian residence permit shall be cancelled and shall not be renewed by the governorates in cases where the compelling conditions no longer apply, subject to the approval of the Ministry.
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Besides, humanitarian residence permit shall be regulated by ARTICLE 44 of the Regulation for Implementation of the Law on Foreigners and International Protection.
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.ARTICLE 44 – Rights conferred by a long-term residence permit
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(1) Without prejudice to acquired rights with respect to social security, and subject to conditions stipulated in applicable legislation governing the enjoyment of rights, foreigners holding a long-term residence permit shall benefit from the same rights as accorded to Turkish citizens with the exception of the provisions in laws regulating specific areas, and of:
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a) compulsory military service;
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b) the right of vote and be elected;
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c) entering public service;
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ç) exemption from customs duties when importing vehicles.
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(2) The Council of Ministers is authorised to partially or completely restrict the rights listed in the first paragraph.
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WHO MAY APPLY FOR HUMANITARIAN RESIDENCE PERMIT IN TURKEY?

  • Where the best interest of the child is of concern;
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  • Where, notwithstanding a removal decision or ban on entering Turkey, foreigners cannot be removed from Turkey or their departure from Turkey is not reasonable or possible,
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  • In the absence of a removal decision in respect of the foreigner pursuant to Article 55,
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  • Where there is a judicial appeal against the actions carried out pursuant to Articles 53,72 and 77;
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  • Throughout the removal actions of the applicant to the first country of asylum or a safe third country;
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  • In cases when foreigners should be allowed to enter into and stay in Turkey, due to emergency or in view of the protection of the national interests as well as reasons of public order and security, in the absence of the possibility to obtain one of the other types of residence permits due to their situation that precludes granting a residence permit.
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  • In extraordinary circumstances humanitarian residence permit may be issued.
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    FOR HOW LONG CAN HUMANITARIAN RESIDENCE PERMIT BE ISSUED IN TURKEY?
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    Humanitarian residence permit shall be granted or renewed with a maximum duration of one year at a time by the governorates subject to the approval of the Ministry.
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    HAT ARE THE CONDITIONS FOR HUMANITARIAN RESIDENCE PERMIT IN TURKEY?
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    Conditions attached to other types of residence permits shall not be sought while issuing humanitarian residence permit.
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    WHAT ARE THE REASONS OF REFUSAL, CANCELATION OR NON-RENEWAL OF HUMANITARIAN RESIDENCE PERMIT?
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    The humanitarian residence permit shall be cancelled and shall not be renewed by the governorates in cases where the compelling conditions no longer apply, subject to the approval of the Ministry.
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Other Circumstances Related Humanitarian Residence Permit

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Foreigners that are granted humanitarian residence permit should get registered with the address based registration system no later than twenty working days as of the issuance date

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Foreigners holding humanitarian residence permit, within the duration of this permit, may apply for one of the other residence permits, except for the long term residence permit, as long as they meet the requirements.
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Durations of humanitarian residence permits shall not be added to the total duration in calculation of residence permit durations determined by the Law