Humanitarian Residence Permit: Application, Rejection, Cancellation and Legal Guide

Introduction

The residence of foreigners in Türkiye is regulated by Law No. 6458 on Foreigners and International Protection (LFIP) and its implementing regulation. Among these arrangements, the “humanitarian residence permit” has a special place. It offers an “exception” opportunity for foreigners who cannot meet the requirements of ordinary residence permit types but for whom staying in Türkiye is considered reasonable for humanitarian reasons.
However, rejection decisions may also be issued for this permit type, and a permit already granted may be cancelled. In such cases, filing an action for annulment against the rejection decision is of vital importance to protect the fundamental rights of a foreigner. 

What Is a Humanitarian Residence Permit?

Legal Basis

• The humanitarian residence permit is regulated under Articles 46 and 47 of the LFIP. Article 44 of the Regulation on the Implementation of the LFIP also regulates this permit.
• This permit aims to grant the right to reside in Türkiye in “exceptional” circumstances to persons who cannot meet the conditions of other residence permit types.

Who May It Apply To?

Situations in which a humanitarian residence permit may be considered include:

• When the best interests of the child must be observed,
• When the applicant would be returned to a country to which return is not possible,
• When admission to or stay in Türkiye is deemed reasonable on grounds of public order or public security,
• When the conditions for entitlement to other residence permit types are not present,
• When the request to stay is justified due to extraordinary humanitarian events (war, natural disaster, etc.).

Features and Limitations

• Many of the conditions required in other residence permit types may not be sought in the humanitarian residence permit.
• However, this permit is granted subject to the approval of the Ministry and is decided by the governorships.
• Its duration is determined and may be extended; if the conditions for its issuance cease to exist, it may be cancelled.
• Periods spent under this permit are not counted toward other residence permit periods under the LFIP (i.e., they are not added to the total residence period).

Rejection Decisions: Why Are They Issued? Criteria and Procedural Errors

An application for a humanitarian residence permit may be rejected; likewise, a permit already granted may be cancelled. The logic, criteria, and procedural errors underlying such rejection and cancellation decisions are very important.

Rejection/Reasons

Common grounds for rejecting an application or cancelling a permit include:

1. Failure to meet the conditions or the conditions ceasing to exist
   If the conditions requiring the issuance of a humanitarian permit have been assessed and the applicant does not meet these conditions, a rejection is issued.
2. Public order, security, health grounds
   If the administration concludes that the applicant’s stay poses a risk to public order or security, a rejection/cancellation decision may be taken.
3. Procedural and formal deficiencies
   Missing documents, failure to apply within time, and non-compliance with procedural rules are grounds for rejection. Courts attach importance to procedural non-compliance.
4. Cessation of the non-refoulement situation
   The permit may have been granted on human rights grounds; however, if the prohibition of return ceases to apply, the permit may be cancelled.
5. Failure to comply with additional conditions such as health status or imposed obligations
   For example, if there is a serious illness and treatment is possible, a permit may be granted; otherwise, a cancellation decision may be issued.

Procedural Errors and Review

• Administrative acts—especially in foreigners’ law—are largely subject to procedural rules. The reasoning of the decision must be clear and understandable.
• Decisions that are contrary to procedure or unsubstantiated may be grounds for annulment by the court.
• Abuse of discretionary power may also be subject to review; the administration does not act with absolute discretion but within the limits of the law.

Legal Remedies Against Rejection: Objection and Action for Annulment

The legal remedies and process to secure the annulment of a rejection decision are as follows.

1. Notification of the Decision and Time Limit for Objection

• The rejection/cancellation decision is notified to the applicant in writing.
• Within 30 days from notification of the decision, it is possible to submit a written objection to the administration. This application requests a re-evaluation of the decision.
• However, this objection is not mandatory; it is also possible to file an action for annulment directly.

2. Time Limit for Filing an Action for Annulment and the Competent Court

• An action for annulment must be filed before the competent court within 60 days from notification of the decision. This is a time limit of forfeiture.
• It is possible to request a stay of execution together with the statement of claim; this may prevent the implementation of the rejection decision until the case is concluded.

3. Matters That Must Be Included in the Petition

Elements that must be included in a petition for annulment:

• The parties to the case (claimant – administration), nationality and identity information
• The date and number of the rejection decision, the date of notification
• Grounds for the unlawfulness of the decision (procedural and substantive errors, abuse of discretion, etc.)
• Submission of concrete evidence (documents, witnesses, expert reports, etc.)
• A request for a stay of execution (with reasons, if any)
• Specification of the conclusions and requests
• Attachments to the petition (copy of the decision, copy of identity document, documents, if any)

4. Court Process and Decision

• The court first examines the case on procedural grounds (jurisdiction, time limit, standing to sue, etc.).
• It then proceeds to the merits: the reasoning of the rejection decision, the status of the applicant, and the limits of the administration’s discretionary power are evaluated.
• If the decision is found unlawful, it is annulled; the court may conclude the case by remitting the decision to the administration for a new act to be taken.
• If the court renders an adverse decision, it is possible to appeal to the regional administrative court (istinaf). However, attention must be paid to time limits.

5. Importance of the Stay of Execution

• A stay of execution decision ensures that the enforcement of the rejection decision is suspended until the case is concluded.
• This request may be critical, especially if there is a threat of deportation.
• However, a request for a stay of execution may be refused; the criteria for its acceptance are assessed by the court.

Practical Challenges and Effective Defense Strategies

Success in annulment cases depends on the correct strategy and presentation of evidence. Below are points to consider and practical tips:

1. Collection and Presentation of Evidence
   • Evidence in favor of the applicant must be carefully collected; residence acts, medical reports, and justifications based on the best interests of the child must be documented.
   • The administrative decision must include a concrete assessment; objecting to decisions that rely only on general statements such as “discretionary power” can form a strong basis for defense.
   • Allegations such as procedural errors, missing documents, and lack of reasoning must be set out robustly.
2. Limitation of Discretionary Power
   • The administration cannot use its discretionary power arbitrarily or excessively; the limits of discretion are bound by law and the principle of proportionality.
   • Strong arguments must be presented to the court that the discretionary power was abused.
3. Best Interests of the Child Principle
   • If the application is connected with a child, the justification based on the best interests of the child should be set out in detail.
   • This principle must be based on concrete data; the child’s education, health, and social situation should be supported by reports.
4. Health Grounds
   • If there is a serious health condition, it must be proven with medical opinions that treatment opportunities exist and that travel would be harmful.
   • Reports on the treatment process and expert opinions play an important role.
5. Monitoring Time Limits
   • The date of notification, the 30-day objection, and the 60-day action periods are strict time limits. Missing them may cause irreparable loss of rights.
   • A request for a stay of execution must be made as early as possible.
6. Legal Counsel
   • The support of a lawyer experienced in foreigners’ law is very important.
   • The lawyer should be specialized in legal analysis, drafting petitions, presenting evidence, and monitoring the process.
7. Precedents and Court Decisions
   • Precedent court decisions may be used in favor of the claimant.
   • For example, court decisions in which a rejection decision was annulled on the grounds of the best interests of the child may be relied upon.

Conclusion and Recommendations

• The humanitarian residence permit offers a vital opportunity for those who cannot meet the conditions of other residence permits; however, rejection and cancellation decisions are also possible.
• In the event of a rejection decision, an objection must be filed within 30 days, or an action for annulment must be filed directly within 60 days.
• The success of an annulment action depends on the presentation of evidence, review of discretionary power, compliance with procedural rules, and the strong presentation of the applicant’s specific circumstances.
• It is critical not to miss time limits, to prepare the written defense well, and to make the request for a stay of execution properly.
• Obtaining legal support is a factor that affects the outcome, especially in complex situations (child, health condition, threat of deportation, etc.).

Humanitarian Residence Permit – Frequently Asked Questions (FAQ)

1. What is a humanitarian residence permit, and who can receive it?
A humanitarian residence permit is a special type of residence permit granted under Articles 46 and 47 of the LFIP to persons who cannot meet the conditions of ordinary residence permits but for whom staying in Türkiye is deemed necessary for humanitarian reasons.
Examples include war, internal conflict, natural disaster, the best interests of the child, non-refoulement, or health grounds.

2. What is the difference between a humanitarian residence permit and other residence permits?
Other residence permits are based on specific purposes (tourism, family, education, etc.).
The humanitarian residence permit is exceptional in nature; the aim is to prevent the person’s hardship. In addition, time spent under this permit is generally not counted toward eligibility for Turkish citizenship.

3. Why are applications for humanitarian residence permits rejected?
Applications are generally rejected for the following reasons:

• Documents submitted late or incomplete,
• Risk to public order or security,
• Health or humanitarian reason ceasing to exist,
• Adverse use of discretionary power,
• Administrative system errors or interview records.

4. My application for a humanitarian residence permit was rejected. What should I do?
From the date the decision is notified to you:

• Within 30 days, you may submit an objection petition to the Provincial Directorate of Migration Management.
• Or you may file an action for annulment directly with the competent court within 60 days.
  Missing these time limits results in loss of the right to sue.

5. If the rejection decision becomes final, do I have to leave Türkiye?
Yes, when the rejection decision becomes final, the person loses lawful status in Türkiye. However, if a lawsuit has been filed and a stay of execution has been granted, the person may remain in Türkiye during this period.

6. If the humanitarian residence permit is cancelled, can I reapply?
Yes, even if a cancellation decision is issued, reapplication may be made with new evidence or grounds. However, reapplying on the exact same grounds is not possible.
For example, if the health condition has changed or the non-refoulement situation has re-emerged, the application may be renewed.

7. Does a humanitarian residence permit grant the right to work?
A humanitarian residence permit does not directly grant the right to work, but the person may apply separately to the Ministry of Labour and Social Security for a work permit.
In some cases—especially for long-term permit holders—facilitation may be provided.

8. Can a person whose humanitarian residence permit is rejected be deported?
Yes, if the person does not hold another lawful status (e.g., international protection or family residence), deportation proceedings may be initiated.
However, if a lawsuit is filed and a stay of execution is granted, this process is halted.

9. How long does a lawsuit against a rejection decision take?
Cases generally conclude within 6 to 12 months.
However, a request for a stay of execution may be decided within a few weeks.
If the decision is annulled, the file is remitted to the Migration Administration for re-processing.

10. What is a stay of execution, and why is it important?
A stay of execution is a request for temporary protection from the court.
If granted, the rejection or cancellation is not enforced until the judicial process ends.
In other words, the person cannot be deported and may remain in Türkiye.

11. Within what period is a humanitarian residence permit extended?
It is generally granted for 1 year. An application for extension should be made at least 60 days before expiry.
If the applicant’s situation has not changed, the administration generally accepts the extension request. However, very long periods are not granted for humanitarian residence permits.

12. If the humanitarian residence permit is cancelled, do I lose my acquired rights?
Yes, if the permit is cancelled, the lawful right to reside in Türkiye ends. However, if the person has the cancellation lifted by court decision, their rights are restored.

13. Is it mandatory to object to the administration before filing a lawsuit?
No, it is not mandatory. One may file a lawsuit directly.

14. Can a person whose humanitarian residence permit was rejected re-enter with a tourist visa?
No. After the rejection of a humanitarian residence permit, a “restriction code” (e.g., V-70, Ç-150) may be recorded in the system. Without lifting this code, it is very difficult to obtain a visa.

15. If a mother whose child is studying in Türkiye receives a rejection, can the case be won?
Yes, courts generally adopt the best interests of the child principle.
If the child’s education, social environment, and language ties are in Türkiye, the rejection decision may be annulled.

16. Is an unreasoned rejection decision lawful?
No. Every administrative act must be reasoned.
A decision merely stating “not deemed appropriate” may be annulled due to lack of reasoning.

17. If the lawsuit is dismissed, can I reapply?
Yes. If there is new evidence or different grounds (e.g., a medical report, new residence address, family situation), you may reapply for a humanitarian residence permit.

18. What documents are required for a humanitarian residence permit application?

• Passport or a document substituting for identity,
• Biometric photograph,
• Address declaration,
• Documents supporting the grounds (medical report, court decision, birth certificate, etc.),
• Previous residence card or documents concerning a deportation decision, if any.

19. Can one apply for citizenship with a humanitarian residence permit?
No. The period spent under this permit is not counted toward the “continuous residence period” required for citizenship application.
However, if the person later switches to a different residence type, those periods are counted.

20. Is there a risk of deportation during the lawsuit?
Yes, if no stay of execution has been granted, there is a risk of deportation.
Therefore, the statement of claim must include a request for a stay of execution.

21. What happens after winning an annulment case?
The court decision is notified to the administration.
The administration lifts the annulled decision and re-issues the humanitarian residence permit.
At this stage, the person regains lawful status and a new card is issued.

22. In which provinces is it easier to obtain a humanitarian residence permit?
In practice, positive assessments are more frequent in Ankara, Antalya, and Mersin.
In İstanbul, the process may take longer due to application volume. In provinces with smaller populations, evaluations for humanitarian residence permits are made more effectively.

23. In what situations is a humanitarian residence permit automatically cancelled?

• Use of forged documents,
• Activities that threaten public security,
• Remaining abroad for a long period,
• Misrepresentation during the application.

24. Can the family members of a person with a humanitarian residence permit also obtain a permit?
No, it does not automatically apply. However, family members may apply for a family residence permit or submit a separate application according to their own circumstances.

25. Can one apply to the European Court of Human Rights against a rejection decision?
Yes, after exhausting domestic remedies (the remedies available in Türkiye), an application to the ECtHR is possible. However, since this process is lengthy, it is important to first bring an action at the national level.

26. What happens if my residence period expires while the case is ongoing?
If a case has been filed and a stay of execution has been granted, even if your period expires, your stay in Türkiye is considered lawful. However, this situation must be notified to the Migration Administration.

27. What if the administration does not issue the permit despite the court decision?
In that case, an “action for enforcement of the decision” may be filed.
Failure of the administration to implement a court decision is contrary to administrative procedural law.

28. Can I benefit from education or health services with a humanitarian residence permit?
Yes. Holders of a humanitarian residence permit can benefit from basic education and health services in Türkiye.
This right is particularly important for children and patients.