1. Introduction

In Turkey, the Humanitarian Residence Permit (HRP) serves as a legal mechanism to accommodate foreign nationals who face exceptional circumstances preventing them from adhering to standard residency regulations. This permit is enshrined in the Law on Foreigners and International Protection (LFIP) No. 6458, specifically Articles 46 and 47, and further detailed in Article 44 of its implementing regulation.  The HRP underscores Turkey’s commitment to upholding human rights by providing legal residency options to those in need.

  1. Eligibility Criteria

The HRP is designed for individuals who find themselves in extraordinary situations, including but not limited to:
• Pending Deportation or Exit Orders: Foreigners who are subject to a deportation decision or an entry ban but cannot leave Turkey due to medical emergencies, lack of transportation, or other humanitarian reasons.
• Best Interest of the Child: When it is in the best interest of a child, especially if the child is unaccompanied or separated from their family.
• Victims of Human Trafficking: Individuals identified as victims who require protection and assistance.
• Serious Health Conditions: Persons suffering from severe health issues that necessitate continued stay in Turkey for treatment.
• Exceptional Circumstances: Any other situations deemed appropriate by the authorities, reflecting Turkey’s adherence to humanitarian principles.

It’s important to note that the HRP is granted irrespective of whether the applicant meets the general conditions for other types of residence permits. 

  1. Application Process

The procedure for obtaining an HRP involves several key steps:

3.1. Submission of Application
• Responsible Authority: Applications are submitted to the Provincial Directorate of Migration Management (PDMM) in the applicant’s place of residence.
• Required Documentation: While specific documents may vary based on individual circumstances, applicants generally need to provide:
• Application Form: Completed and signed.
• Valid Passport or Travel Document: If available.
• Proof of Address in Turkey: Such as a rental contract or utility bill.
• Supporting Documents: Evidence substantiating the humanitarian grounds claimed, like medical reports or police records.

3.2. Evaluation Process
• Assessment: The PDMM evaluates applications on a case-by-case basis, considering the applicant’s specific circumstances and the humanitarian grounds presented.
• Consultation: The PDMM may consult with relevant institutions and organizations to verify the applicant’s claims and gather additional information.

3.3. Decision and Notification
• Approval: If granted, the HRP is typically issued for a duration of up to one year, with the possibility of renewal.
• Rejection: If denied, the applicant is informed of the reasons and has the right to appeal the decision within the legal framework.

  1. Rights and Obligations of HRP Holders

Holders of the HRP are entitled to certain rights and must adhere to specific obligations:

4.1. Rights
• Legal Residence: The HRP provides legal residency in Turkey for its validity period.
• Access to Services: Depending on individual circumstances, holders may access healthcare, education, and social services.
• Work Permit Eligibility: HRP holders can apply for a work permit; however, approval is subject to the discretion of the authorities.

4.2. Obligations
• Compliance with Turkish Laws: HRP holders must abide by all Turkish laws and regulations.
• Address Registration: They are required to register their residential address with local authorities and notify any changes promptly.
• Permit Renewal: Applications for renewal should be submitted before the current permit expires, accompanied by updated supporting documents.

  1. Limitations and Considerations

While the HRP offers protection, there are certain limitations:
• Non-Eligibility for Long-Term Residence: Time spent under an HRP does not count towards the eligibility period for a long-term residence permit.
• Discretionary Nature: The granting of an HRP is at the discretion of the Turkish authorities, and meeting the eligibility criteria does not guarantee approval.
• Temporary Solution: The HRP is intended as a temporary measure; holders are encouraged to transition to other residence permits or seek permanent solutions when possible.

  1. Conclusion

The Humanitarian Residence Permit is a vital component of Turkey’s immigration framework, reflecting the country’s commitment to humanitarian values and international protection standards. By accommodating individuals facing extraordinary circumstances, Turkey ensures that those in need receive appropriate protection and assistance, balancing national interests with global human rights obligations.