A Comparative Analysis of International Protection Status and Humanitarian Residence Permit under Turkish Law
- Introduction
Turkey has established a comprehensive legal framework to address the needs of foreigners seeking protection or residence within its borders. Two significant mechanisms in this context are the International Protection Status and the Humanitarian Residence Permit, both regulated under the Law on Foreigners and International Protection (Law No. 6458). While these mechanisms aim to provide safety and legal residence to individuals in need, they differ in terms of eligibility criteria, rights conferred, and procedural aspects. This article provides a comparative analysis of these two legal instruments under Turkish law.
- International Protection Status
International Protection Status in Turkey encompasses three main categories:
2.1. Refugee Status
According to Article 61 of Law No. 6458, a refugee is defined as a person who, owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group, or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country. However, Turkey maintains a geographical limitation to the 1951 Refugee Convention, granting refugee status primarily to individuals coming from European countries.
2.2. Conditional Refugee Status
This status applies to individuals who meet the criteria for refugee status but come from non-European countries. Conditional refugees are allowed to reside in Turkey temporarily until they are resettled to a third country.
2.3. Subsidiary Protection
As per Article 63 of Law No. 6458, subsidiary protection is granted to individuals who do not qualify as refugees or conditional refugees but would face serious harm if returned to their country of origin. Serious harm includes the death penalty, torture, or serious threat to life due to indiscriminate violence in situations of international or internal armed conflict.
- Humanitarian Residence Permit
The Humanitarian Residence Permit is a temporary residence permit granted under exceptional circumstances. Article 46 of Law No. 6458 outlines the conditions under which this permit may be issued, including:
• When the best interest of the child is at stake.
• In cases where, despite a deportation decision or entry ban, the individual’s departure from Turkey is not reasonable or possible.
• When there is a judicial appeal against actions executed pursuant to Articles 53, 72, and 77 of the law.
• In extraordinary circumstances that necessitate the individual’s stay in Turkey.
This permit is typically issued for a maximum of one year and can be renewed if necessary.
- Comparative Analysis
4.1. Legal Basis
Both mechanisms are established under Law No. 6458. International Protection Status is detailed in Part Two, while the Humanitarian Residence Permit is addressed in Part Three of the law.
4.2. Eligibility Criteria
• International Protection Status: Granted to individuals who meet specific criteria related to persecution or serious harm, with distinctions based on geographical origin (European vs. non-European countries).
• Humanitarian Residence Permit: Issued under exceptional circumstances that may not necessarily involve persecution or serious harm but require temporary legal residence in Turkey.
4.3. Duration and Renewal
• International Protection Status: The duration varies; refugee status can lead to long-term residence, while conditional refugees typically stay until resettlement to a third country.
• Humanitarian Residence Permit: Initially granted for up to one year, with the possibility of renewal depending on the persistence of the circumstances that justified its issuance.
4.4. Rights and Benefits
• International Protection Status: Holders have access to education, social assistance, and, in some cases, work permits. They are also protected against refoulement (forced return to a country where they may face harm).
• Humanitarian Residence Permit: Holders have limited access to public services and are generally not eligible for long-term residence or naturalization based solely on this permit. They are also excluded from transitioning to a long-term residence permit. 
4.5. Path to Long-Term Residence or Citizenship
• International Protection Status: Refugees may apply for long-term residence or citizenship after meeting certain residency requirements.
• Humanitarian Residence Permit: Holders are typically not eligible to transition to long-term residence or citizenship based solely on this permit. 
- Conclusion
While both the International Protection Status and the Humanitarian Residence Permit serve to protect individuals in need within Turkey, they cater to different circumstances and confer varying rights and benefits. International Protection Status is designed for those fleeing persecution or serious harm, offering a more stable and potentially long-term solution. In contrast, the Humanitarian Residence Permit addresses exceptional cases requiring temporary residence, with more limited rights and no direct path to long-term residency or citizenship. Understanding these distinctions is crucial for legal practitioners, policymakers, and individuals seeking protection or residence in Turkey.
