Introduction

In Turkey, residence permits for foreigners are regulated by the Law on Foreigners and International Protection (LFIP, Law No. 6458). Among the different types of residence permits, the humanitarian residence permit stands out as an exceptional and temporary measure, granted only in specific circumstances where foreigners cannot obtain other types of residence permits but are still required to remain in Turkey.

This article explains the legal basis, conditions, cancellation, and practical aspects of humanitarian residence permits under Articles 46 and 47 of the LFIP.

Legal Basis of the Humanitarian Residence Permit

According to Article 46 LFIP, humanitarian residence permits may be granted by governorships (provincial immigration authorities) with the approval of the Directorate General of Migration Management and the Ministry of Interior, without requiring the conditions normally applicable to other residence permits.

This permit can be issued or extended in the following circumstances:

• When the best interests of a child are at stake,

• When a foreigner is subject to a deportation decision or entry ban, but departure is not possible or reasonable,

• When deportation cannot be ordered under Article 55 of the LFIP,

• During judicial proceedings against administrative acts under Articles 53, 72, and 77,

• While awaiting return to a first asylum country or a safe third country,

• In case of emergency reasons, national interests, public order, or public security, where granting a regular residence permit is not possible,

• During extraordinary situations.

Furthermore, foreigners granted humanitarian residence permits are obliged to register in the address registration system within 20 business days of issuance.

Cancellation of the Humanitarian Residence Permit

Article 47 LFIP clearly indicates that humanitarian residence permits are temporary and conditional. If the circumstances that justified its issuance no longer exist, the permit may be revoked or not extended by the governorships, subject to approval from the Ministry of Interior.

This ensures that the humanitarian residence permit functions only as a temporary solution, not as a permanent residence right.

Practical Application in Turkey

In practice, the humanitarian residence permit is often used in situations where:

• Asylum or international protection procedures are pending,

• Deportation procedures are delayed or suspended,

• Children’s rights and welfare must be safeguarded.

It is a safeguard mechanism balancing humanitarian needs with state sovereignty and security.

Conclusion

The humanitarian residence permit in Turkey is a legal mechanism designed for exceptional and urgent cases, ensuring protection for foreigners when regular residence permits cannot be granted. Its legal basis lies in Articles 46 and 47 of the LFIP, emphasizing its temporary nature and dependency on special circumstances.

Foreigners facing legal, humanitarian, or security-based obstacles to leaving Turkey may benefit from this provision, but it should be understood as an exceptional right rather than a general residence category.