Humanitarian residence permit and residence permit for victims of human trafficking
Short answer
Law No. 6458 lists six residence permit types. Two of them are for exceptional situations: the humanitarian residence permit (insani ikamet izni) and the residence permit for victims of human trafficking (insan ticareti mağduru ikamet izni).[1][4] The humanitarian permit may be granted only in the cases the Law lists, by the governorate with the approval of the central migration administration, for periods set by the Ministry of Interior.[1] The permit for victims of human trafficking is a 30-day permit for foreigners about whom there is strong suspicion that they are, or may be, victims of trafficking; it can be extended by up to six months at a time, for at most three years in total.[1] Neither permit has an ordinary application form; the Law lets these applications be made to the governorate only as an exception, and the authorities decide whether a case falls under these rules.[1][8]
If you think you or someone you know may be a victim of human trafficking, Göç İdaresi lists YİMER at 157 (open 24 hours, in several languages) and the emergency number 112 among the places to report it.[5]
The two permits at a glance
| Humanitarian residence permit | Residence permit for victims of human trafficking | |
|---|---|---|
| Legal basis | Law No. 6458 Art. 46 and 47; Implementing Regulation Art. 44[1][2] | Law No. 6458 Art. 48 and 49; Implementing Regulation Art. 45 and 46; Regulation on combating human trafficking Art. 20 and 21[1][2][6] |
| Who it is for | Foreigners in one of the situations listed in Art. 46 (see below)[1] | Foreigners about whom there is strong suspicion that they are, or may be, victims of human trafficking[1][2] |
| Who grants it | The governorate, with the approval of the Directorate General (Göç İdaresi’s English page calls this the Presidency)[1][4] | The governorate[1] |
| How long | Periods set by the Ministry of Interior; it can be extended[1] | 30 days; extensions of up to 6 months each, never more than 3 years in total[1] |
| Conditions of other permits | Not required[1] | Not required[1] |
| Counts toward the 8 years for a long-term permit | No[2] | No specific rule; see our reading below |
| Can the holder move to a long-term permit | No[1] | No specific rule; see our reading below |
| Fee | Subject to the Law on Fees[2] | Granted without a fee[2][7] |
“Governorate” (valilik) is the provincial authority. The Law calls the central migration authority the “Directorate General” (Genel Müdürlük); Göç İdaresi’s English page refers to it as the Presidency.[1][4]
Humanitarian residence permit
Who it is for
Article 46 of Law No. 6458 lists the cases in which a humanitarian residence permit may be granted. Göç İdaresi’s page repeats the same list.[1][3] The Law says the permit may be granted in these cases; being in one of them does not mean a permit will be given.[1]
| Case in Art. 46/1 | What it means in plain words |
|---|---|
| a | The best interests of a child are concerned. |
| b | A removal (deportation) decision or an entry ban exists, but the person cannot be made to leave Türkiye, or leaving is not reasonable or possible. |
| c | No removal decision is taken because of Article 55 of the Law. |
| ç | A court case has been opened against an action taken under Article 53, 72 or 77 of the Law. |
| d | While the return of an international protection applicant (başvuru sahibi) to a first country of asylum or a safe third country is still in progress. |
| e | A foreigner must be allowed to enter and stay for urgent reasons, national interests, public order or public security, but cannot get any other residence permit because of a situation that prevents it. |
| f | Extraordinary circumstances. |
Some of these cases refer to other articles of the Law:
- Article 55 lists people about whom no removal decision is taken. The list is: people for whom there are serious signs that they would face the death penalty, torture, or inhuman or degrading punishment or treatment in the country of removal; people for whom travel is risky because of serious health problems, age or pregnancy; people receiving treatment for a life-threatening illness that is not available in the country of removal; victims of human trafficking in the victim support process; and victims of psychological, physical or sexual violence until their treatment is complete. The Law says each of these cases is assessed separately for each person.[1]
- Article 53 is about removal decisions and court challenges against them. Articles 72 and 77 are about international protection applications that are found inadmissible or treated as withdrawn.[1] The Implementing Regulation also says a humanitarian permit may be granted when a court case is opened against actions under Articles 72 and 77.[2]
International protection itself is not covered on this site.
How the process starts
The Implementing Regulation says the humanitarian residence permit procedure is started at the request of the Directorate General or of the governorate.[2] Article 22 of the Law includes humanitarian permits among the cases in which, as an exception, a residence permit application can also be made to the governorate.[1]
There is no humanitarian permit form among the first application forms on e-İkamet. The list there shows forms only for the family, student, short-term and long-term permits.[8] If you think your situation may fall under Article 46, ask your Provincial Directorate of Migration Management. Only the authorities can decide whether a case falls under this article.
The Regulation says that if, after a removal decision, it is found that the person falls under Article 55/1-a, b or c and the removal cannot be carried out (for Article 55/1-a, also not to a third country), the decision is not carried out and a humanitarian permit is given. When the obstacle to removal ends, the permit is cancelled and the removal is completed without a new decision.[2]
Duration and extension
The Law says the permit is limited to periods set by the Ministry of Interior and can be extended.[1] Göç İdaresi’s page says the same and gives no fixed number of months or years.[3]
Within 20 working days of the date the permit is granted, the holder must register in the address registration system.[1][2]
Cancellation or no extension
The permit is cancelled, and not extended, by the governorate with the approval of the Ministry of Interior when the conditions that made it necessary no longer exist.[1] During the permit the governorate checks on its own whether those conditions still exist and informs the Ministry.[2]
The governorate tells the person about a decision to cancel or to extend at least 15 days before the permit ends.[2] A decision to cancel or not to extend is notified to the person, their legal representative or their lawyer.[2] For challenging decisions in general, see our appeals page.
Long-term permit and other permits
- Holders of a humanitarian residence permit have no right to move to a long-term residence permit.[1][2]
- Time spent on a humanitarian permit is not counted when residence permit periods are added up under the Law.[2] Göç İdaresi’s page says the same.[3] Our long-term absence calculator and the long-term residence permit page explain the eight-year rule.
- While the permit is valid, the holder may apply for another residence permit type, except the long-term permit, if they meet its conditions.[2] Meeting the conditions does not mean that the other permit will be granted. See switching residence permit type.
- If the conditions for a student residence permit arise, the holder can use the rights of that permit without moving to it.[2]
Fees
The Regulation says humanitarian residence permits are subject to the Law on Fees.[2] It also says that if the conditions for a humanitarian permit exist, an unpaid fee calculated earlier for overstaying does not prevent the permit from being granted.[2] The Regulation does not say that the earlier fee is cancelled.
We do not give amounts here, because the official texts we checked do not set a separate amount for this permit. See residence permit fees and ask your Provincial Directorate of Migration Management.
Residence permit for victims of human trafficking
Who it is for
The Law says the governorate grants a 30-day residence permit to foreigners about whom there is strong suspicion that they are, or may be, victims of human trafficking. The purpose is to give them time to recover from what they went through and to decide whether to cooperate with the authorities.[1] Göç İdaresi’s FAQ says this permit can be issued within the victim support programme.[5]
Identification as a victim is done by the authorities. Under the Regulation on combating human trafficking, specialist staff of the Provincial Directorate of Migration Management interview the person and write a report, and the directorate approves an identification document. After the person is referred to a shelter, the residence permit procedure starts for a foreign victim.[6] The same regulation says:
- A person can be identified as a victim whether or not they make a complaint, and without waiting for the result of a criminal investigation or trial.[6]
- During identification, the person is not subject to removal procedures.[6] Göç İdaresi’s FAQ says the same.[5]
- An interpreter is provided by the directorate during identification, on request or on the directorate’s own initiative.[6]
- People who make misleading statements or present documents in the interview to obtain a residence or work permit cannot be identified as victims.[6]
The rules on victims of trafficking also apply to international protection applicants and status holders and to people under temporary protection.[2][6]
Conditions
The conditions of the other residence permits are not required.[1] The Implementing Regulation gives examples: a valid passport, a visa, means of living, address registration, health insurance, and the absence of a removal decision or an entry ban are not required for this permit.[2] Earlier fines for overstaying a visa or a residence permit do not prevent the permit from being issued.[6]
Duration and extension
| Stage | What the texts say |
|---|---|
| First permit | 30 days, granted by the governorate[1] |
| Extension | Up to 6 months each time, because of the victim’s safety, health or special situation[1] |
| Total limit | Never more than 3 years in total[1][5] |
Specialist staff of the directorate in the province where the victim is accommodated prepare an evaluation report for an extension. Extension or cancellation needs the approval of the governorate where the victim lives.[6]
Support programme
The Implementing Regulation says the victim’s stay in a shelter or support centre and participation in a support programme are the basic rule during the 30 days, with the victim’s consent. The support programme is provided at a minimum level and within available means, and includes help such as accommodation, health care, psycho-social support, interpreting and education. Obligations can be set for the victim during the programme.[2]
Göç İdaresi’s FAQ says the support programme is free of charge and based on information and consent. It lists, among other things, safe voluntary return, accommodation in shelters or a safe place, access to health care, psycho-social support, access to legal aid, interpreting, and help with identity and travel documents.[5] It also says victims can stay in shelters coordinated by Göç İdaresi or, if they ask, at a private address.[5]
A person who states in writing that they do not want the support programme and will not cooperate with the authorities is still identified as a victim. In that case the general rules for foreigners apply to them.[6]
Cancellation
The Implementing Regulation and Göç İdaresi’s page list three situations in which the support programme ends and the permit is cancelled:[1][2][3]
- it is found that the person, on their own initiative, renewed contact with the perpetrators;
- the person does not follow the obligations set for them;
- it becomes clear that the person is not a victim.
If it is found that the person did the first or second of these against their will, for example because of force, fear, violence or threats, the permit is not cancelled.[2][3] The Regulation on combating human trafficking adds that the permit is not issued, or is cancelled, if the person is a threat to public order or security or is found not to be a victim. A person who uses the voluntary return programme has the permit cancelled after the return takes place.[6] After the permit or the support programme ends, the general rules for foreigners apply.[6]
Long-term permit and other permits
- The texts have no specific rule for this permit on the eight years for a long-term permit. Our reading, not an official statement: it counts in full toward residence time under Law No. 6458 Art. 28/2, because it is not a student permit, and it is not in the Art. 42/2 list of permits whose holders cannot move to a long-term permit. Ask your provincial migration directorate.[1]
- The texts we checked have no specific rule on switching from this permit to another residence permit type. Ask your provincial migration directorate.
- If the conditions for a student residence permit arise, the holder can use the rights of that permit without moving to it.[2] Göç İdaresi’s FAQ also says holders can study without a student residence permit.[5]
Fees
The Implementing Regulation says this permit is granted by the governorate without a fee.[2] The Law on Fees lists victims of human trafficking among the people who receive a residence permit without a fee.[7] When a victim who has fines from earlier visa or residence overstays leaves Türkiye under the voluntary return programme, the exit is carried out under the same article of the Law on Fees (Art. 88/1-g).[6]
The texts we checked do not address the separate card (document) fee for this permit. Our residence permit fees page explains how we read the card fee for people who are exempt from the residence permit fee. Ask the directorate about your own case.
Where to get help
To report human trafficking, Göç İdaresi’s FAQ lists these channels:[5]
- YİMER at 157, open 24 hours with service in several languages
- the emergency number 112
- Göç İdaresi and the provincial directorates of migration management
- law enforcement (kolluk)
- CİMER
- the e-mail address magdurihbar@goc.gov.tr
- Göç İdaresi’s mobile applications and other channels, such as its social media accounts
- the Chief Public Prosecutor’s Office
For questions about residence permits, Göç İdaresi names YİMER: 157 from inside Türkiye and +90 312 157 11 22 from abroad.[9] You can also contact your Provincial Directorate of Migration Management.
This site is not an official body and cannot assess individual cases. Nothing on this page means that a humanitarian permit or a permit for victims of human trafficking will be granted, or that either permit can be used to avoid a refusal or a removal. The authorities decide each case under the texts above.
Related pages
- Refusal and cancellation
- Overstay and entry bans
- Switching residence permit type
- Long-term residence permit
- Residence permit fees
- Appeals
Sources
- Yabancılar ve Uluslararası Koruma Kanunu (Law No. 6458 on Foreigners and International Protection), consolidated text, Art. 3/1-ç, 3/1-d, 3/1-ğ, 22/1-d and e, 28/2, 30/1, 42/2, 46, 47, 48, 49, 53, 55, 72, 77. mevzuat.gov.tr, accessed .
- Yabancılar ve Uluslararası Koruma Kanununun Uygulanmasına İlişkin Yönetmelik (Implementing Regulation), Art. 26/7, 26/8, 44, 45, 46, 57/1, 57/2, 95/2, 114. mevzuat.gov.tr, accessed .
- İkamet İzni Çeşitleri, Sections 5 and 6. Göç İdaresi Başkanlığı, accessed .
- Residence Permit Types, Sections 5 and 6. Göç İdaresi Başkanlığı (English site), accessed .
- İnsan Ticareti (Sıkça Sorulan Sorular), Questions 3, 6, 7, 8, 10, 11, 12. Göç İdaresi Başkanlığı, accessed .
- İnsan Ticaretiyle Mücadele ve Mağdurların Korunması Hakkında Yönetmelik (Resmî Gazete 17/03/2016, No. 29656), Art. 16/1, 17/8, 17/9, 17/12, 18/1, 18/7, 18/10, 18/12, 20, 21, 22, 30/7. mevzuat.gov.tr, accessed .
- Harçlar Kanunu (Law No. 492 on Fees), consolidated text, Art. 88/1-g. mevzuat.gov.tr, accessed .
- İstenen Belgeler (Required Documents, first application forms). e-İkamet, Göç İdaresi Başkanlığı, accessed .
- İkamet Genel Bilgiler, YİMER section. Göç İdaresi Başkanlığı, accessed .