A humanitarian residence permit is a type of residence permit granted under exceptional circumstances based on humanitarian considerations. It is regulated under Article 46 of the Law on Foreigners and International Protection (LFIP) No. 6458. This permit is generally considered in the following situations:
- The best interests of the child
- Serious health conditions preventing the individual from leaving Türkiye
- In exceptional and mandatory cases concerning individuals with pending international protection applications
- Situations where international protection procedures cannot be applied or are insufficient, and the individual would face risks such as torture, the death penalty, or inhuman or degrading treatment if returned to their country
- Urgent and compelling circumstances that make return to the country of origin impossible
Conditions for a Humanitarian Residence Permit
Unlike other types of residence permits, certain standard requirements may not always be strictly applied. Financial means, health insurance, or prior legal residence may be assessed at the discretion of the administration.
A humanitarian residence permit is issued for a maximum period of 1 year and may be extended if necessary. Extensions are entirely subject to the discretion of the authorities.
If the conditions that justified the issuance of the permit cease to exist, the permit may be revoked.
Holders of a humanitarian residence permit may apply for other types of residence permits if they meet the required conditions.
Rights and Limitations of Humanitarian Residence Permit Holders
- Access to Healthcare:
Permit holders are not automatically covered under the general health insurance system. However, they may benefit from healthcare services in urgent and necessary cases, within the framework of applicable legislation and at the discretion of the authorities. In some cases, a decision by the provincial administration may be required. - Work Permit:
This permit does not automatically grant the right to work. However, holders may apply for a work permit after obtaining the residence permit. - Access to Education:
Children of permit holders may access education in accordance with the regulations of the Ministry of National Education. In practice, implementation may vary depending on the province or district. - No Direct Path to Citizenship:
This permit does not provide a direct pathway to Turkish citizenship. However, holders may apply for other residence statuses in the future. - Possibility of Extension:
The permit may be extended if humanitarian conditions persist, but such extensions are entirely at the discretion of the administration.
Important Notes for Foreign Nationals in Türkiye
- Foreigner Identification Number:
All foreign nationals residing in Türkiye are assigned a foreigner identification number. - Address Registration:
Foreign nationals are required to register their address with the relevant authorities. - Migration Authority:
Procedures concerning foreign nationals in Türkiye are carried out by the Directorate General of Migration Management.
This permit serves as a temporary solution for individuals in urgent need of protection and aims to provide them with a safe environment to live in.
