How to Get a Humanitarian Residence Permit
HUMAN RESIDENCE PERMISSION Humanitarian residence permit is regulated in […]
HUMAN RESIDENCE PERMISSION
Other Issues Regarding Humanitarian Residence Permit
Foreigners who have received a humanitarian residence permit must register in the address registration system within twenty working days at the latest from the date of issuance of the permit.
Persons who have a humanitarian residence permit can apply for one of the other residence permits that they meet, with the exception of the long-term residence permit, within the duration of this permit.
The periods spent with the humanitarian residence permit are not taken into account in the collection of the residence permit periods stipulated in the Law.
How to Get Humanitarian Residence Permit
Humanitarian residence permit is regulated in Articles 46 and 47 of the Law on Foreigners and International Protection No. 6458. In addition, humanitarian residence permit is regulated in Article 44 of the Regulation on the Implementation of the Law on Foreigners and International Protection.
Who are the foreigners who can be issued a Humanitarian Residence Permit?
– When it comes to the best interests of the child,
– When the foreigners cannot be made to leave Turkey or it is not considered reasonable or possible for them to leave Turkey, despite the decision to deport them or ban them from entering Turkey,
– When a deportation decision is not taken for the foreigner in accordance with Article 55 of the Law,
– When applying to the judiciary against the actions taken pursuant to Articles 53, 72 and 77 of the Law,
– During the continuation of the applicant’s return to the first country of asylum or a safe third country,
– When foreigners, who are required to be allowed to enter and stay in Turkey for urgent reasons or for the protection of the country’s interests, public order and public security, are not able to obtain one of the other residence permits due to their situation that hinders the granting of a residence permit
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– In extraordinary circumstances,
Humanitarian residence permit can be issued.
For How Many Years Can a Humanitarian Residence Permit be Issued?
Humanitarian residence permit is granted and can be extended by the governorates, with the approval of the Ministry and for a maximum of one year.
What are the Conditions of Humanitarian Residence Permit?
The conditions for granting other residence permits are not sought in humanitarian residence permits.
It is possible to rank the humanitarian residence permit conditions exceptionally from the following types:
• Existence of one of the situations listed in YUKK article 46
• The application fee has been paid
• Preparing the necessary documents for the application
• The application has been made to the Provincial Directorate of Migration Management under the governor’s office
• Approval to the Provincial Immigration Administration that the Ministry of Interior can issue a humanitarian residence permit
In the event that these conditions are fulfilled without any problems, the person will obtain the humanitarian residence permit with a residence permit.
Above, we have listed the situations in which a humanitarian residence permit can be granted. Here, the documents required for a humanitarian residence permit will also vary depending on the reason for which a humanitarian residence permit is requested. In other words, when there is a child’s best interests, documents for the determination of this situation, documents regarding this situation in extraordinary situations, etc. It is necessary to obtain documents that will change according to the situations we have mentioned above and that are useful for determination. Here, it is important to get the support of a foreigners lawyer who knows how to apply and how the Provincial Immigration Administration responds positively to the documents. In addition, it is required that the person applying for a humanitarian residence permit at least has an identity card or other document obtained from official institutions that will help determine his identity. Old passports can also be accepted for humanitarian residence permit applications. However, in practice, there is a form called the humanitarian residence permit application form. This form can be filled in from the Provincial Immigration Administration as well as the pre-application form on the website of this institution.
Where to Apply for Humanitarian Residence Permit?
Article 46, which regulates the subject, clearly states that the humanitarian residence permit will be given by the governorates. In the 22nd article of the same law, humanitarian residence permit is also among the cases where an application can be made to the Provincial Directorates of Migration Management working within the governorships for a residence permit. Accordingly, a person who wants to obtain a humanitarian residence permit must have made the necessary application to the provincial directorate of migration administration operating within the governorships, directly or through his lawyer. As we mentioned above, humanitarian residence permit is an exceptional type of residence permit. It differs from other types of residence in terms of its terms and procedure. According to Article 46 of the YUKK, the Ministry of Interior must give approval for the Provincial Immigration Administration affiliated to the governorship to issue a humanitarian residence permit. In other words, we are talking about a type of residence whose application and approval authorities are slightly different.
What are the reasons for Refusal, Cancellation or Non-Extension of Humanitarian Residence Permit?
On the condition that the approval of the Ministry is obtained, the humanitarian residence permit is canceled and not extended by the governorships when the conditions that make it compulsory to grant the permit no longer exist.
Rejection of Humanitarian Residence Permit Application Humanitarian residence permit application is rejected in some cases. At the beginning of these situations is the situation where the situations mentioned in YUKK article 46 and mentioned above did not occur. In other words, we have counted the situations in which humanitarian residence permit can be granted as limited. An application made in a situation other than at work is rejected. Other than that, if the foreigner is able to obtain one of the other types of residence permit mentioned above, the humanitarian residence permit application is also rejected. Because humanitarian residence permit is exceptional and cannot be granted while other types of residence can be obtained. Even if the conditions in Article 46 are met, priority is given to other types of residence.
Humanitarian Residence Permit Fees and Expenses
To obtain a humanitarian residence permit, it is necessary to pay a fee. Fees related to humanitarian residence permit are determined by constantly updating around the provisions of the Fees Law No. 492. Within the framework of these rules, the fee to be collected regarding the residence permit is a fixed fee. In other words, it does not change according to the concrete features of the application, but always in a certain amount. These are also usually not very high amounts. These amounts are determined within the framework of the tariff in the annex of the Fees Law. If the person who will receive a humanitarian residence permit is a foreigner under the age of 18, he/she pays a fee equal to half of the amount determined here. As we will mention below, the fine arising in case of violation of the residence period must be paid by the foreigner. However, the fact that this has not been paid in the humanitarian residence permit is not a sufficient reason for the application to be rejected.
However, there are some individuals who are exempt from paying fees for residence permits. Accordingly;
• Foreigners studying in Turkish schools or faculties receive a residence permit without paying any fees.
• Foreigners who work as reporters in media and broadcasting organizations can also obtain a residence permit without paying any fees.
• Professors and similar experts employed by the state, special provincial administrations, municipalities, state economic enterprises and their affiliated institutions, as well as their unemployed spouses and children are also exempt from fees.
• Persons who are deemed to be in poor financial situation can also obtain a residence permit by exempting them from paying fees.
• Foreigners who are originally Turkish and adhere to Turkish culture do not have to pay fees either.
• Foreigners who have Turquoise Cards and their non-Turkish spouses and foreign children can also obtain a residence permit without paying any fees.
How to Get Humanitarian Residence Permit
Other Issues Regarding Humanitarian Residence Permit
Foreigners who have obtained a humanitarian residence permit must register in the address registration system within twenty working days at the latest from the date of issuance of the permit.
People who have a humanitarian residence permit can apply for one of the other residence permits that they meet, with the exception of the long-term residence permit, within the duration of this permit.
The periods spent with a humanitarian residence permit are not taken into account in the collection of residence permit periods stipulated in the Law.
SOURCE: GENERAL DIRECTORATE OF MIGRATION ADMINISTRATION
