(Law No. 6458 – Temporary Protection Regulation – Administrative Practices – Rejection, Objection, and Judicial Review Process)
The temporary protection status (GKKB) applied in Türkiye is a humanitarian and temporary mechanism introduced due to the mass migration wave after 2011. However, for many Syrians who have lived in Türkiye for years—those who have established businesses, pursued education, made investments, or built family ties—the need has arisen to transition from temporary protection to a regular residence permit.
This guide comprehensively explains under what conditions, how, and through which legal mechanisms holders of the Temporary Protection Identification Document can transition to a residence permit.
There is no explicit provision in the law that regulates a direct transition from temporary protection to a residence permit; however, practical pathways exist.
There are three ways to transition:
The Migration Management may, in certain cases, terminate the temporary protection status and allow a transition to a residence permit. This depends entirely on administrative discretion.
If the administration rejects the request, the court may evaluate the individual’s situation and order the issuance of a residence permit.
In some cases, assessment of the residence permit application may be possible before temporary protection is terminated (special circumstances).
The most common residence permits granted in practice are as follows:
It may be issued if one of the following grounds exists:
• Engagement/marriage preparation with a Turkish citizen
• Education – courses – university preparatory programs
• Medical treatment needs
• Tourism (exceptional – only for special reasons)
• Establishing a business – company partnership – sole proprietorship
• Professional/specialization programs
This is the strongest pathway if family reunification exists:
• Turkish citizen spouse
• Having a Turkish citizen child
• University / master’s degree / PhD
• Open university programs are NOT accepted
• Certain Ministry of Education–approved courses
One of the most practical and safest methods after exiting temporary protection. However, it has very strict criteria. Not everyone qualifies for a humanitarian residence permit.
Commonly accepted grounds:
• Health problems
• Risk of not being able to return to home country
• Family ties
• Vulnerable groups
A person who obtains a work permit gains a status equivalent to a residence permit.
This is one of the most effective pathways for transitioning out of temporary protection.
However, the condition and legitimacy of the company where the person will work must be carefully evaluated.
The Presidency of Migration Management evaluates the following criteria:
1. No Risk to Public Order or Public Security
• G87
• G42
• V71
• Ç150
If these codes exist, transition becomes very difficult.
2. The Person Must Have a Stable Life in Türkiye
• Employment/income documents
• Rental contract
• Verified address
• Education
• Family ties
Having these documents works in favor of the applicant.
3. Consent and Address Registration
The address registration system (AKS) is mandatory.
4. Authenticity and Consistency of Documents
The Migration Management examines documents very strictly.
Below is the step-by-step official procedure based on administrative practice:
The individual first expresses the desire to transition to a residence permit.
The person’s situation is evaluated in detail, and preliminary checks are completed.
Required documents:
• Passport / ID
• Temporary Protection Identification Document
• Income – address – health – marriage – education documents
• Power of attorney for the lawyer
After the preliminary assessment, the individual and/or their lawyer submits the application. The handling of this process must be evaluated carefully based on the person’s file status. The Presidency of Migration Management examines:
• Duration of stay in Türkiye
• Criminal record / restriction (tahdit) code
• Address suitability
• Whether the person maintains a stable life in Türkiye
• Deportability (refoulement) status
At this stage, the file may also be referred to the provincial migration commission.
The strongest legal grounds include:
Cases other than these should be assessed by an expert lawyer.
• Approval → direct transition to residence permit
• Rejection → the person has the right to file a lawsuit
• Missing documents → 30 additional days are granted; after completion, the file is re-evaluated
• File pending → inspection, commission review, or background research
Some applications may be rejected at the first stage. If rejected, there are two pathways:
It is submitted to the provincial migration office.
In practice, the decision rarely changes.
Therefore, administrative objection is generally not recommended.
Contents of the objection:
• Legal grounds (Law No. 6458 Articles 25–26–27–31–46)
• Emphasis on family unity
• Applicant’s social integration
• No threat to public order
• Non-refoulement argument
The rejection decision is subject to judicial review.
The individual has 60 days to file a lawsuit after the rejection.
If this period is missed, the right to sue is lost, and even if filed, the court will dismiss the case on procedural grounds.
A petition to the court should include:
• Procedural errors
• Incomplete investigation
• Misuse of administrative discretion
• Protection of family life (ECtHR – Constitutional Court references)
• Best interests of the child
• Risks related to return to home country
• 10+ years of residence – social cohesion
These grounds differ from person to person and must be tailored to the applicant’s specific situation.
1. Marriage to a Turkish Citizen / Having a Turkish Child
This is the easiest pathway.
If the child is a Turkish citizen, the process is even faster.
2. Investment – Property Purchase
This applies to Syrians holding a second nationality.
(Only dual-national Syrians can purchase property in Türkiye.)
Requirements:
• Title deed
• Proof of payment
• Regular income
3. Establishing a Business / Work Permit
A work permit ensures automatic transition in many provinces.
If a company is to be established, it must be done properly and lawfully.
4. Health Conditions
Chronic illnesses and long-term treatment are accepted grounds.
However, not every health condition qualifies.
The following codes block or severely hinder transition:
• G87 – Security
• Ç150 – Public order
• N82 – Special investigation
• V71 – Public health
• G42 – General security
Removal of these codes requires a separate administrative or judicial process.
Applications are often rejected solely due to these codes.
• Freedom to travel between cities
• Eligibility for work permit
• Facilitates banking and financial procedures
• Easier for investment – company establishment
• Strengthens children’s access to education
• Long-term eligibility for citizenship application
1. Can holders of the Temporary Protection Identification Document obtain a residence permit?
Yes. Although the law does not provide an automatic transition, with administrative discretion and court decisions, individuals meeting certain conditions may transition.
The most common pathways are family residence, humanitarian residence, property purchase (for dual-national Syrians), work permit, and long-term residence.
2. Is a passport required to transition from temporary protection?
A passport is required for short-term and family residence permits.
However, a passport is NOT required for a humanitarian residence permit;
the Temporary Protection Identification Document is generally sufficient.
The Migration Management evaluates this on a case-by-case basis.
3. I am married to a Turkish citizen. Can I transition to a residence permit?
Yes. Family unity is the strongest justification.
Having a Turkish citizen spouse or child significantly increases acceptance rates.
However, legal entry into Türkiye is important.
4. I have a Turkish citizen child. Does this strengthen my case?
Yes.
Both the Migration Management and courts consider the “best interest of the child,”
and applications are often approved on this basis.
However, entry conditions and interview processes still matter.
5. Is purchasing real estate sufficient for transitioning to a residence permit?
Purchasing property may serve as a ground for a short-term residence permit; however, it is not automatically accepted.
The value of the property, accuracy of payment records, and the individual’s regular income are evaluated.
Additionally, this option applies only to Syrians who hold dual nationality.
6. Does obtaining a work permit allow a transition to a residence permit?
Yes.
A work permit grants a status equivalent to a residence permit.
For holders of temporary protection, obtaining a work permit is one of the most effective transition methods.
However, legal entry into Türkiye and passport stamps are important.
7. Is transition more difficult in major cities like Istanbul, Ankara, Bursa, Antalya?
Yes.
Especially in densely populated cities such as Istanbul and Bursa, transitions from temporary protection to residence permits are more strictly checked.
However, with strong grounds such as family unity, education, or health conditions, transition is still possible.
Suitability is evaluated based on the individual's file.
8. Can I apply for a residence permit while my temporary protection is still active?
Yes, you can apply.
However, a pre-assessment and preliminary investigation must be completed.
Otherwise, errors in the system or file discrepancies may cause a deportation decision during the application process.
The administration may:
• Suspend temporary protection,
• Terminate temporary protection and grant residence,
• Examine the file and issue a decision.
9. Does temporary protection end completely after transitioning to a residence permit?
Yes.
Once a person obtains a residence permit, the temporary protection status is terminated.
10. Will I be deported if my residence permit application is rejected?
Generally, no.
A rejection → objection + judicial pathways still exist.
Rejection alone is not a deportation ground.
In addition, depending on the individual’s situation, temporary protection may remain active even after a residence permit rejection.
This varies case by case.
11. How long do I have to file an objection after rejection?
• Administrative objection to the provincial migration office: 30 days
(Rarely changes the decision; not recommended in practice.)
• Judicial review (lawsuit) must be filed within 60 days.
The court evaluates the case objectively.
12. Can the court grant a residence permit?
The court evaluates whether the rejection was lawful.
The court may annul the rejection decision based on:
• Incomplete investigation
• Misuse of administrative discretion
• Family unity
• Best interests of the child
• No public order/security risk
13. I have lived in Türkiye for 10 years. Is this an advantage?
Yes.
Long-term and regular residence is a positive criterion.
However, it is not sufficient on its own.
14. Which residence permits can be granted?
Most common types:
• Family residence permit
• Humanitarian residence permit
• Short-term residence permit (property, tourism, business, health, etc.)
• Student residence permit
• Work permit → residence equivalency
15. Is it possible to obtain a short-term (touristic) residence permit?
Yes, but it is very difficult.
Touristic grounds are the least accepted justification by the administration.
16. Are health conditions sufficient grounds for transition?
Yes.
Chronic illnesses, long-term treatment needs, and inability to return to the home country are strong grounds.
However, not all health issues qualify.
17. Is transition easier for people with disabilities?
Yes.
For vulnerable groups (disabled, orphaned, women, children), the Migration Management may act more flexibly.
18. Can I transition to a student residence permit?
Yes.
Enrollment in a Ministry of Education–approved school or a university allows student residence permits.
19. Are educational courses accepted for student residence permits?
Only courses approved by the Ministry of Education (MEB) are accepted.
Private, unapproved courses are not valid.
20. Is proof of income required?
Yes.
For family and short-term residence permits, financial sufficiency is mandatory.
The applicant must demonstrate monthly income equivalent to the minimum wage.
21. Is address registration mandatory?
Yes.
You must have a documented and AKS-registered address.
22. Which restriction (tahdit) codes prevent transition?
The following codes significantly hinder or prevent transition:
• G87 (security)
• Ç150 (public order)
• G42
• V71
• N82
A separate process is required to remove these codes.
23. If other people are registered at my address, can my application be rejected?
Yes, it is risky.
The Migration Management may reject the application if there is suspicion of overcapacity or a fake/shared address.
24. Does owning a home (title deed instead of rental contract) make the process easier?
Yes.
Ownership is considered a sign of stability and positively influences evaluation.
However, it applies only to Syrians with dual nationality.
25. If I have past violations (visa overstay, illegal stay), is transition possible?
It depends on the file.
However, serious violations make transition more difficult.
26. Can I travel abroad while holding temporary protection?
No.
Exiting Türkiye with only the Temporary Protection Identification Document is generally prohibited.
27. Can I travel abroad after transitioning to a residence permit?
Yes.
With a residence permit, exit–entry to Türkiye is allowed.
28. Can I apply for citizenship after obtaining a residence permit?
Yes, but it depends on:
• Type of residence
• Duration of residence
Short-term residence does not qualify for citizenship on its own.
Family or long-term residence types are more advantageous.
29. How does the Migration Management verify whether a marriage is genuine?
The Migration Management conducts:
• Interviews with spouses
• Home visit
• Neighborhood inquiries
• Photographs – communication records
• Cross-interviews
to verify authenticity.
30. Are application fees required?
Depending on the type of residence and nationality, card fees and residence fees apply.
Humanitarian residence permits often do not require fees.
31. How long does it take for applications to be processed?
Processing times vary by province:
• Istanbul: 3–9 months
• Ankara: 2–6 months
• Antalya/Bursa: 4–8 months
• Other provinces: 1–4 months
32. If my temporary protection is cancelled, can I still apply for a residence permit?
Yes.
If conditions exist, you may apply for a humanitarian residence permit.
33. Does applying with a lawyer increase approval chances?
No guarantee exists; however, legal representation significantly increases success, especially in:
• Preparing the file
• Creating legal justification
• Completing missing documents
• Reviewing restriction codes
• Handling objections and lawsuits
• Preparing family unity and vulnerable-group files
34. Is transition possible through a court decision?
Yes.
The court may allow transition after reviewing the case.
35. How does Keleş Law assist in this process?
• Determining the appropriate residence permit type
• Checking restriction (tahdit) codes
• Preparing the application file
• Monitoring GIGM meetings/interviews
• Filing objections and lawsuits after rejection
• Preparing files for family unity and vulnerable groups
Keleş Law provides full legal consultancy in all these stages.
