Conditional refugee status — non-European-country events

Conditional refugee is a person who as a result of events occurring outside European countries and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted conditional refugee status upon completion of the refugee status determination process.

Turkey signed the 1951 Convention with a “geographical restriction” by using ıts right of choice for place which has been stipulated in Article 1 of the Convention.

Conditional refugees shall be allowed to reside in Turkey temporarily until they are resettled to a third country.

Conditional refugee is a person who as a result of events occurring outside European countries and owing to well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself or herself of the protection of that country; or who, not having a nationality and being outside the country of former habitual residence as a result of such events, is unable or, owing to such fear, is unwilling to return to it, shall be granted conditional refugee status upon completion of the refugee status determination process.

Due to the confusion in their countries, Syrian citizens who are within the temporary protection in our country, cannot apply individually to international protection as required by Law No. 6458 and its sub-regulations.

International protection applications have to be made to the governorates in person. If international protection applications are wanted to be made at the border gates or to the law enforcement units within the country and other public institutions and organizations, these units immediately notify this situation to the Provincial Directorate of Migration Management.

International protection applications cannot be lodged through a legal representative or lawyer. International protection applications must be carried out personally.

Applicant may apply on behalf of accompanying family members whose applications are on the same grounds.

Law No.6458 does not provide any time limit for application to international protection. However, foreigners entering our country by legal or illegal ways are required to apply to international protection to the provincial governorates where they apply with the principle of goodwill, within a reasonable period of time.

On the basis of the Law on Foreigners and International Protection, you are obliged to apply to the Provincial Directorates of Migration Management (PDMM) individually to be registered under the provision of international protection procedures.

Following your registration with PDMM, an International Protection Applicant ID (IPAID) will be issued for you and your family members; you will be legally staying in Türkiye with your ID document.

After registration with PDMM, and in accordance with the law, you should reside in the city that has been assigned to you.

Please note that the law also obliges you to maintain regular contact with PDMM; this is done by reporting to PDMM at regular intervals and signing yourself in (“signature duty”).

Unless you have presented valid reasons for why you are not able to fulfil your signature duty, PDMM may consider your international protection application as implicitly withdrawn, and accordingly issue a decision which needs to be appealed in Court.

As per the law, an in-person interview should normally be conducted with you within 30 days from the date of registration; however, it is possible that it may take place later.

Decisions will be made on an individual basis; applications on behalf of a family will be evaluated as a single application and the decision will be valid for the whole family.

Applications for an international protection are resulted within 6 months after the application date. If the decision cannot be made within this period, the applicant is informed by the Provincial Directorate of Migration Management and the decision process continues.

Applicants and holders of international protection status without any health insurance and ability to pay, are subject to the provisions of the Social Insurance and General Health Insurance Law no. 5510 dated 31/5/2006 for one year from the international protection application registration.

The applicant or persons with international protection status, can work in Turkey, in the framework of the 4th paragraph of article 89 of the Law.

Ressetlement in a third country is carried out in cooperation between the Presidency of Migration Management and the United Nations High Commissioner for Refugees (UNHCR) and Following the completion of the files, informing the foreigners is made by the Provincial Directorate of Migration Management.

Applications for international protection are made to the governorates (Provincial Directorate of Migration Management), in person.

You may benefit from legal aid services to appeal these negative decisions. Legal aid is provided by the Legal Aid Bureaus under each Bar Association in Türkiye.