Humanitarian Residence Permit in Türkiye
WHAT ARE THE CONDITIONS FOR A HUMANITARIAN RESIDENCE PERMIT?
There are strict rules!!!
A Humanitarian Residence Permit is an exceptional type of residence permit regulated under the Law on Foreigners and International Protection. Unlike other residence permits, it may be granted without requiring lawful stay in Türkiye or many of the other standard conditions. However, it should immediately be noted that the Humanitarian Residence Permit has strict requirements and may only be granted when specific conditions are met.
It is not a way to escape from being a illegal;
We frequently witness people who are staying illegally in Türkiye attempting to misuse the Humanitarian Residence Permit for purposes outside its intended scope. The Directorate of Migration Management is aware of this situation, and therefore obtaining a Humanitarian Residence Permit is not easy. Applicants must satisfy the legal conditions set out in the law. The Humanitarian Residence Permit was not created to legalize the stay of people residing illegally in Türkiye; rather, it is intended for individuals who wish to obtain a residence permit due to humanitarian reasons but do not meet the conditions for ordinary residence permits.
In short, the Humanitarian Residence Permit is an exceptional type of residence permit centered on humanitarian grounds.
The conditions for obtaining a Humanitarian Residence Permit are listed in Article 46 of the Law on Foreigners and International Protection (LFIP). Reading this article clearly demonstrates that the permit is based on humanitarian considerations.
CONDITIONS FOR OBTAINING A HUMANITARIAN RESIDENCE PERMIT
IN WHICH SITUATIONS CAN I OBTAIN A HUMANITARIAN RESIDENCE PERMIT?
1- WHEN THERE IS A “BEST INTEREST OF THE CHILD”
This includes situations such as:
* Having a Turkish citizen child,
* Having a child whose treatment is only possible in Türkiye,
* Having a child who must continue education in Türkiye,
* Having a child born in Türkiye to foreign parents,
or similar circumstances. In such cases, the foreign mother or father may apply for a Humanitarian Residence Permit.
Note: The child does not need to be a Turkish citizen. According to the principle of the “best interest of the child,” no distinction should be made between citizen and foreign children. The “Convention on the Rights of the Child,” to which Türkiye became a party in 1995, constitutes the legal basis for this principle.
The child must generally be under 18 years old and dependent on the mother’s care. However, no age limit applies to dependent children over 18 who require care.
2- PERSONS WHO ARE NOT CONSIDERED SUITABLE FOR DEPORTATION FROM TÜRKİYE
In some cases, a deportation order may be issued against a person, but due to an ongoing court decision, a governor’s office decision, or judicial proceedings, the person may not be considered suitable for removal from Türkiye. In such situations, a Humanitarian Residence Permit may be granted.
Additionally, there may be other circumstances that can be sufficiently explained to the Directorate of Migration Management and used as grounds for application.
Example: Following an agreement between Türkmenistan and Türkiye, Turkmen citizens whose passports had expired were temporarily granted Humanitarian Residence Permits while awaiting new passports from the Türkmenistan Consulate.
3- PERSONS WHO CANNOT LEAVE TÜRKİYE – RISK TO LIFE – DEATH PENALTY – TORTURE
a) Persons who may face:
the death penalty,
inhuman or degrading treatment,
or torture
in the country to which they would be deported, provided there are serious indications supporting these claims. Such claims must be supported with evidence and documentation.
b) Persons with:
serious health problems,
advanced age,
or risky pregnancies that make travel unsafe.
c) Victims of human trafficking until legal proceedings are completed.
d) Victims of violence until their treatment process is completed.
In these situations, large-scale or global events may also support the claim
Example: Following the Russia–Ukraine war, Ukrainian citizens who came to Türkiye and applied for Humanitarian Residence Permits had their applications accepted. However, applications from citizens of Pakistan or Afghanistan are generally not accepted unless they can prove, with serious evidence, the risks or hardships they face in their countries.
4- HUMANITARIAN RESIDENCE PERMIT DUE TO AN APPEAL AGAINST A DEPORTATION DECISION
According to Article 53 of the LFIP, if a foreigner files a legal appeal against a deportation decision, the deportation process is suspended. The foreigner cannot be deported while the judicial process is ongoing.
5- FOR THE BENEFIT OF THE COUNTRY
In urgent situations, or where required for the protection of national interests, public order, or public security, foreigners may be allowed to enter or remain in Türkiye if they cannot obtain another type of residence permit due to disqualifying circumstances.
6- IN EXTRAORDINARY CIRCUMSTANCES
The law does not specifically define what constitutes an “extraordinary circumstance.” By using this broad term, the legislator appears to have intended to create flexibility. Depending on the facts of the individual case, certain unusual situations may be considered extraordinary.
Note: Time spent under a Humanitarian Residence Permit is not counted toward Turkish citizenship applications or long-term residence permit applications. Holding a Humanitarian Residence Permit does not provide any entitlement to transition to a long-term residence permit.
EXAMPLES OF HUMANITARIAN RESIDENCE PERMIT CASES
Example 1: Imagine that a pregnant foreign woman arrives in İstanbul and gives birth there. During childbirth, she is hospitalized and wishes to remain in Türkiye under the supervision of the same doctor during the child’s care process. In this situation, a Humanitarian Residence Permit application may be submitted for both the mother and the child.
Another example: Suppose your child is suffering from cancer, and you bring the child to Türkiye for treatment. You receive a medical report from a doctor in Türkiye and a treatment schedule is established. If the foreign mother does not meet the requirements for another type of residence permit, she may apply for a Humanitarian Residence Permit. Since the “best interest of the child” principle applies, the permit may be granted to both the mother and the child.
WHO CAN APPLY FOR A HUMANITARIAN RESIDENCE PERMIT?
-Foreign mother or father of a Turkish citizen child in Türkiye,
-Parents of a foreign child legally present in Türkiye for justified humanitarian reasons,
-Persons banned from entering their home country,
-Persons at risk of imprisonment (especially political imprisonment), execution, torture, or ethnic discrimination in their home country,
-Persons whose serious medical treatment is only available in Türkiye,
-Persons unable to travel safely due to old age or pregnancy,
-Victims of crimes committed in Türkiye whose judicial proceedings are ongoing,
-Persons whose international protection applications were rejected and who have filed a judicial appeal,
-Persons whose stay is considered beneficial for Türkiye in urgent circumstances.
HOW TO APPLY FOR A HUMANITARIAN RESIDENCE PERMIT?
Applications may be submitted personally or through an attorney via power of attorney.
Unlike ordinary residence permits, Humanitarian Residence Permit applications are not submitted through the e-ikamet online system. Instead, applicants submit a written petition explaining their special circumstances and request an appointment from the Directorate of Migration Management.
Applicants must also provide proof of accommodation during the permit period. This may include:
– a notarized foreign guest undertaking,
– or a notarized rental agreement.
APPLICATION STAGE
1- Apply in person to the Directorate of Migration Management with the required documents.
(Applicants staying illegally in Türkiye who apply without valid grounds may be detained and deported.)
2- After the application, if the Directorate wishes to interview the applicant, a message will be sent to the applicant’s phone.
3- Applicants with valid grounds are interviewed and evaluated.
4- The application is either approved or rejected.
In some cases, applications are rejected without an interview. A rejection notice is sent to the applicant’s address. An administrative lawsuit may be filed within 60 days of receiving the rejection decision.
Interpreter support is available during applications. Migration offices employ staff who speak English, Arabic, and many other languages.
WHAT ARE THE APPLICATION FEES?
The application fee and residence card fee depend on:
– the duration of illegal stay in Türkiye,
– nationality,
– current exchange rates,
– and the requested permit period.
The amount is calculated electronically by the authorities and must be paid at the tax office. The payment receipt must then be submitted to the Directorate of Migration Management.
Official fee information may be checked on the official Directorate of Migration Management website.
IF I AM ILLEGALLY STAYING IN TÜRKİYE, CAN I BE DETAINED WHEN APPLYING?
Yes. This is a situation frequently encountered in practice. If you apply without a valid humanitarian justification, you may be detained and deported during the application process.
One of the most important ways to reduce this risk is to apply through an attorney. However, granting power of attorney to a lawyer does not legalize your stay in Türkiye. It merely reduces the risk of detention during the application process.
Important Note: Applying for a Humanitarian Residence Permit does not automatically grant you the legal right to stay in Türkiye. If you are undocumented or overstaying, your illegal status continues during the evaluation process. If stopped by the police, showing proof of application alone will not necessarily protect you from deportation.
CAN AN ILLEGAL FOREIGNER GIVE POWER OF ATTORNEY TO A LAWYER?
Yes. Even persons staying illegally in Türkiye may grant power of attorney at a notary office, provided they can present a valid passport or identification document.
REQUIRED DOCUMENTS FOR A HUMANITARIAN RESIDENCE PERMIT
1- A detailed petition explaining the humanitarian grounds.
2- Four biometric photographs.
3- Passport or equivalent identity document. If the passport is not written in Latin characters, a notarized translation is required.
4- Proof of accommodation: undertaking letter,
or notarized rental agreement.
– TITLE DEED photocopy and
– DASK
5- For medical applications, a medical board report from a state hospital.
Additional Documents for Children
– Copies of the parents’ passports.
– Birth certificate showing the parents’ names. The document must be apostilled before notarized translation.
Note: A valid passport or lawful entry into Türkiye is not always required for a Humanitarian Residence Permit application. The applicant’s passport may be expired, or the applicant may possess only an identity document.
IMPORTANT NOTES REGARDING HUMANITARIAN RESIDENCE PERMITS
Does my illegal status end after applying?
No. Applying for a Humanitarian Residence Permit does not legalize an illegal stay in Türkiye. The applicant may still be detained and sent to a Removal Center at any time during the evaluation process.
Can I be deported when I go to the Directorate of Migration Management (Göç İdaresi) to apply?
Yes. If the application is submitted without sufficient humanitarian justification, the authorities may issue a detention report and deport the applicant.
How long does the application process take in Türkiye?
Humanitarian Residence Permit applications generally take at least 6 months to conclude. In practice, the process usually takes between 6 months and 1 year.
Lawyer Cihat BALTAŞ
Lawyer Cihat BALTAŞ graduated from Police College in 2006, Police Academy in 2010, Yalova Law Faculty in 2016 with a degree and has worked and specialised in foreign law throughout his professional life. Cihat BALTAŞ, who is currently working as a lawyer in Kadıköy, Istanbul, is the founder of BaltaşGlobal law and consultancy office.