Stj Öğr. Elif Su AKKUŞ

Temporary Protection

TEMPORARY PROTECTION

According to Law No. 6458 on Foreigners and International Protection, international protection in Turkey comprises refugee status, conditional refugee status, or subsidiary protection status. Foreigners not covered by these statuses cannot benefit from international protection in Turkey. International protection begins with non-refoulement of the asylum-seeker and ends with the attainment of a durable solution. Durable solutions include voluntary return, local integration, and resettlement to a third country.

Temporary protection is regulated under Article 91 of the Law on Foreigners and International Protection (YUKK) and is defined in the Temporary Protection Regulation enacted pursuant to YUKK Article 91 as follows:

"Protection granted to foreigners who are forced to leave their country, cannot return to their country of origin, arrive at or cross our borders en masse—or individually during a mass influx—to seek urgent and temporary protection, and whose international protection claims cannot be individually assessed."

The decision to include displaced persons under temporary protection in Turkey is made by Presidential decree in the event of a mass influx.

Procedures for Temporary Protection:

1. Registration: Foreigners must complete registration procedures conducted by Provincial Directorates of Migration Management to qualify for temporary protection.
2. Documentation: A pre-registration certificate valid for 30 days is issued upon application. After registration, a Temporary Protection Identity Document is issued.
3. Rights and Restrictions:
   • The identity document grants a right to stay in Turkey but does not provide eligibility for long-term residence permits or Turkish citizenship.
   • Temporary protection holders may apply for a work permit/exemption six months after issuance of their identity document.
   • Travel between provinces requires permission from the Provincial Directorate of Migration Management where they are registered. Unauthorized international travel results in cancellation of the Temporary Protection Identity Document.

Services and Obligations:

• Services: Access to healthcare, education, labor market, social services, assistance, and interpretation services (Regulation Article 26).
• Obligations:
  • Residing in a designated province, temporary accommodation center, or specific location.
  • Reporting updated employment status within 30 days.
  • Declaring income and real estate within 30 days.

Cessation of Temporary Protection:
Temporary protection ends in the following cases:

• Voluntary return to the country of origin (via a "Voluntary Return Form" submitted to the Provincial Directorate of Migration Management, followed by exit with a travel permit).
• Resettlement to a third country.
• Acquiring protection status in another country.
• Transition to a residence permit.
• Death.
• Termination via Presidential decree.

REFERENCES

• https://dergipark.org.tr/tr/download/article-file/1008706
• goc.gov.tr/gecici-koruma-sss
• https://www.goc.gov.tr/turkiye-de-gecici-koruma
• https://help.unhcr.org/turkey/tr/information-for-syrians/temporary-protection-in-turkey/
• https://help.unhcr.org/turkey/tr/information-for-syrians/rights-and-obligations/
• https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6458.pdf
• https://www.mevzuat.gov.tr/MevzuatMetin/21.5.20146883.pdf