Humanitarian Residence Permit

The humanitarian residence permit is governed by Articles 46 and 47 of the Law on Foreigners and International Protection (Law No. 6458). The procedural framework is further elaborated in Article 44 of the Regulation on the Implementation of the same Law.

What Is the Humanitarian Residence Permit?

The humanitarian residence permit is a distinctly exceptional instrument within Turkey's residence permit framework. Unlike all other permit types, it does not require the applicant to satisfy standard eligibility conditions. Article 46(1) of the Law provides:

"In the circumstances set out below, a humanitarian residence permit may be granted and renewed by the governorates — without seeking the conditions required for other residence permits, limited to the periods determined by the Ministry, and with the approval of the General Directorate:"

This permit is not applied for in the conventional sense. It is issued by the authorities when specific humanitarian or legal circumstances make it necessary, regardless of whether the applicant would otherwise qualify for any other form of residence permit.

Circumstances Warranting a Humanitarian Residence Permit

Article 46(1) sets out an exhaustive list of six situations in which this permit may be granted:

a) Best Interests of the Child

Where the best interests of a child are at stake, a humanitarian residence permit may be issued to ensure the child's protection and welfare.

b) Inability to Leave Turkey

Where a deportation order or entry ban has been issued against a foreign national but their departure from Turkey cannot be enforced, or where leaving Turkey is not considered reasonable or feasible under the circumstances.

c) Non-Deportation Under Article 55

Where a deportation decision cannot be issued against the foreign national pursuant to Article 55 of the Law — which prohibits deportation to places where the individual faces the risk of death, torture, or inhuman treatment.

d) Pending Judicial Review

Where the foreign national has applied to judicial authorities challenging decisions made under Articles 53, 72, or 77 of the Law — covering deportation orders, international protection decisions, and statelessness determinations respectively.

e) Pending Return to First Country of Asylum or Safe Third Country

Where proceedings for the return of the applicant to their first country of asylum or a safe third country are ongoing and have not yet been concluded.

f) Urgent Circumstances or State Interest

Where foreign nationals who must be permitted to enter or remain in Turkey for urgent reasons, for the protection of national interests, or for reasons of public order and public security are unable to obtain any other type of residence permit due to disqualifying circumstances.

g) Extraordinary Situations

Where exceptional circumstances exist that fall outside the categories above but nonetheless warrant the granting of a humanitarian residence permit.

Key Features of the Permit

No Standard Eligibility Conditions

The most significant characteristic of the humanitarian residence permit is that none of the conditions ordinarily required for other residence permits apply. The permit is granted solely on the basis of the humanitarian or legal circumstances enumerated in Article 46(1).

Duration

The permit is issued for periods determined by the Ministry and may be renewed by the governorates with the approval of the General Directorate. There is no fixed statutory duration — the length of the permit is assessed on a case-by-case basis in light of the prevailing circumstances.

Address Registration Obligation

Pursuant to Article 46(2):

"Foreign nationals granted a humanitarian residence permit are required to register in the address registration system within twenty business days at the latest from the date the permit is issued."

Failure to comply with this obligation within the prescribed period may have adverse legal consequences for the permit holder.

Transition to Other Permit Types

Holders of a humanitarian residence permit are not without options for regularizing their status on a more stable basis. During the validity of their humanitarian residence permit, they may apply for any other type of residence permit — with the exception of the long-term residence permit — provided they meet the relevant eligibility conditions.

Exclusion from Residence Period Calculations

A critical limitation must be noted. Periods spent in Turkey under a humanitarian residence permit are not counted towards the accumulation of residence periods prescribed under the Law. This means that time spent on a humanitarian residence permit does not contribute to the eight-year period required for a long-term residence permit or to any other statutory residence threshold.

Cancellation and Non-Renewal

Article 47 of the Law governs the termination of the humanitarian residence permit:

"The humanitarian residence permit shall be cancelled by the governorates and shall not be renewed when the conditions that necessitated its grant cease to exist, provided the approval of the Ministry is obtained."

Two points are particularly significant here. First, cancellation requires the prior approval of the Ministry — the governorates cannot act unilaterally. Second, the permit is tied directly to the circumstances that justified its issuance; once those circumstances no longer exist, the legal basis for the permit falls away.

Conclusion

The humanitarian residence permit occupies a unique position within Turkey's legal framework for foreign nationals. It serves as a legal safety net for individuals who find themselves in circumstances where no other residence permit is available or appropriate — whether due to ongoing legal proceedings, protection concerns, or extraordinary situations.

Given the exceptional and discretionary nature of this permit, and the significant legal consequences attached to it — particularly regarding residence period calculations — professional legal advice is strongly recommended for anyone affected by or seeking to rely on this instrument.