Turkish Residence Permit For Victims Of Human Trafficking

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Revised May 2018 – Resource, Directorate General of Migration Management Turkey
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RESIDENCE PERMIT IN TURKEY FOR VICTIMS OF HUMAN TRAFFICKING
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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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Residence permit for victims of human trafficking shall be regulated by ARTICLES 48 to 49 of the Law on Foreigners and International Protection Law No. 6458.
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ARTICLE 48 – Residence permits for victims of human trafficking
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(1) A residence permit valid for thirty days shall be granted, by the governorates, to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims with a view to allow them to break from the impact of their [negative] experience and reflect on whether to cooperate with the competent authorities.(2) Conditions attached to other types of residence permits shall not be sought while issuing these residence permits.
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ARTICLE 49 – Renewal and cancelation of residence permits for victims of human trafficking
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(1) The residence permit granted to allow for recovery and reflection may be renewed for six months periods for reasons of safety, health or special circumstances of the victim. However, the total duration shall not exceed three years under any circumstances whatsoever.
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(2) The residence permit shall be cancelled in cases where it is determined that foreigners who are victims of trafficking or might be victims of human trafficking have re-connected with the perpetrators
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Besides, residence permit for victims of human trafficking shall be regulated by ARTICLES 45 and 46 of the Regulation for Implementation of the Law on Foreigners and International Protection.

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ARTICLE 45 – Cancelation of long-term residence permits
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(1) Under the following cases a long-term residence permit shall be cancelled when the foreigner:
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a) poses a serious public security or public order threat;
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b) stays out of Turkey continuously for more than one year for reasons other than health, education and compulsory public service in his/her country.
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(2) The principles and procedures governing the re-application for a long-term residence permit and assessment of the applications of foreigners whose long-term residence permit has been cancelled pursuant to subparagraph (b) of the first paragraph shall be stipulated in a Directive.
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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 emergencyor 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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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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WHO MAY APPLY TO PERMIT FOR VICTIMS OF HUMAN TRAFFICKING IN TURKEY?
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A residence permit for victims of human trafficking shall be granted to foreigners who are victims of human trafficking or where there is strong circumstantial evidence that they might be victims.
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FOR HOW LONG CAN RESIDENCE PERMIT FOR VICTIMS OF HUMAN TRAFFICKING BE ISSUED?
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The residence permit for victims of human trafficking shall be issued for thirty days  by governorates.
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The residence permit may be renewed for six months periods. However, the total duration shall not exceed three years.
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WHAT ARE THE CONDITIONS FOR RESIDENCE PERMIT FOR VICTIMS OF HUMAN TRAFFICKING?
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Conditions attached to other types of residence permit shall not be sought while issuing these residence permits.
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HAT ARE THE REASONS OF REFUSAL, CANCELATION OR NON-RENEWAL OF RESIDENCE PERMITS FOR VICTIMS OF HUMAN TRAFFICKING?

  • In cases where it is determined that foreigners have re-connected with the perpetrators of the crime through their own volition;
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  • In cases where the compelling conditions no longer apply;
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  • In cases where it is revealed that foreigners are not victims the residence permit for victims of human trafficking shall be cancelled. However,  if it is found out that it is committed outside the will, depending on the reasons such as coercion, intimidation, violence or threat, permit in question shall not be cancelled.
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