Rights of Foreign Nationals Under Temporary Protection

What Is Temporary Protection Status?

Temporary protection is a mechanism recognized in international law that offers emergency protection to large groups of people who are forced to flee their countries due to extraordinary circumstances. These situations may include war, internal conflict, natural disasters, or other serious threats to life and safety.

Unlike refugee status, temporary protection may provide fewer comprehensive rights, focusing primarily on urgent needs such as shelter, basic healthcare, and nutrition. While it offers a form of immediate safety and asylum, its main goal is to ensure that affected individuals can return to their home countries as soon as conditions improve. Therefore, this status is intended to be temporary and is typically terminated once return becomes safe or more permanent solutions are found.

Temporary protection is an exceptional and emergency-based procedure, activated especially in cases of mass displacement, when the regular asylum system cannot adequately respond to the sudden influx of people.

Countries that offer asylum may implement temporary protection measures to manage such situations. These measures aim to meet urgent humanitarian needs like emergency accommodation, essential health services, nutrition, and security. By doing so, temporary protection ensures a safe and stable environment for displaced individuals until they are able to return home or obtain a longer-term legal solution.

Temporary Protection in Turkey

In Turkey, provisions regarding temporary protection are not codified as a separate law, but are regulated under Article 91 of the Law on Foreigners and International Protection (LFIP) No. 6458, titled “Temporary Protection.” The article states:

(1) Temporary protection may be provided to foreigners who are forced to leave their country, are unable to return, and arrive at or cross Turkey’s borders in large numbers seeking emergency and temporary protection.
(2) The procedures for admission into Turkey, stay in the country, rights and obligations, exit arrangements, measures against mass influx, and cooperation with national and international organizations, as well as the roles and responsibilities of institutions at both central and local levels, shall be determined by a regulation issued by the President.

The Syrian Conflict and the Beginning of Mass Influx

Popular uprisings and protests in Arab countries—beginning in Tunisia and Egypt—reached Syria by March 15, 2011. As a result of the growing conflict, Syria descended into chaos, with violent clashes leading to hundreds injured and many lives lost.

Following the worsening humanitarian crisis in Syria, population movements began along the Turkish border. On April 29, 2011, the movement of approximately 300–400 Syrian nationals toward Yayladağı, Hatay Province, marked the first mass influx from Syria into Turkey. In response, Turkish authorities took urgent measures and provided temporary shelter and food assistance to 252 Syrians inside a sports hall in Hatay.

Upon entry, Syrian nationals underwent security screening and were registered either with identification documents or via oral declarations with the help of interpreters. Turkey responded to the crisis with a tailored protection mechanism, reflecting the country’s administrative and humanitarian realities.

The Temporary Protection Directive of 2012

As part of its response, the Turkish Ministry of Interior enacted the “Directive on the Admission and Accommodation of Syrian Arab Republic Nationals and Stateless Persons Residing in Syria Who Arrived in Turkey for Mass Asylum Purposes” on March 30, 2012.

The core principle of this directive was to ensure access to the territory, to observe the non-refoulement principle (prohibition of return to a place of risk), and to provide minimum standards in line with human rights obligations. Temporary protection was thus formalized as a practical solution to meet urgent protection needs during mass influx situations.

Scope and Implementation of Temporary Protection in Turkey

Since April 28, 2011, Syrian nationals, stateless persons, and refugees arriving from Syria have been placed under temporary protection by the Turkish government. The Directorate General of Migration Management (DGMM) is the official authority responsible for all asylum procedures in Turkey, including temporary protection.

Syrian nationals, stateless persons, and refugees seeking protection from Turkish authorities are admitted under the temporary protection regime, and may benefit from the safeguards and services provided by the Turkish government. Unless they request otherwise, they are not returned to Syria under normal circumstances.

Individuals arriving irregularly or staying illegally in Turkey are not penalized (e.g., with administrative fines) if:

They are identified by Turkish authorities upon entry, or
They voluntarily report themselves within a reasonable time and provide a valid explanation for their irregular entry or stay.

Where to Apply for Temporary Protection Status in Turkey?

Applications for temporary protection must be submitted to the Provincial Directorate of Migration Management (PDMM). The process generally consists of three main stages:

• Pre-Registration:

Applicants must visit centers designated by the Directorate of Migration Management or other relevant units to complete pre-registration procedures. At this stage, basic personal information is collected, such as:

First and last name
Date and place of birth
Any available identity documents (if applicable)

If the applicant does not possess an ID, the declared information is taken as the basis for registration. Biometric data such as fingerprints may also be collected. Additionally, proof of address and contact details may be requested.

• Security Screening:

Once pre-registration is complete, a security investigation is conducted—usually within 30 days—by the Police Department or other authorized security agencies. The aim is to determine whether the applicant poses any risk to public safety or order.

• Registration:

If no security concerns are identified, the applicant is formally granted temporary protection by the Directorate General of Migration Management (DGMM). At this stage, the applicant must visit the Provincial Directorate again to complete the full registration process. Upon completion, the applicant receives a Temporary Protection Identification Document.

Rights of Foreign Nationals Under Temporary Protection

The temporary protection process imposes various responsibilities on both foreign nationals and the host country, and within this framework, beneficiaries are granted a range of specific rights. The system requires a balanced approach and strong coordination. Like many countries, Turkey must fulfill its international obligations while also considering its national priorities and security concerns.

Turkey's international commitments are based primarily on the 1951 Geneva Convention Relating to the Status of Refugees, as well as other international human rights instruments. These conventions establish minimum standards and principles for the protection and rights of refugees. Within this framework, Turkey has committed to offering temporary protection to individuals in need.

Foreigners under temporary protection in Turkey are entitled to various rights regulated by national legislation. These rights are designed to provide the necessary means for individuals who fled their home countries due to war, internal conflict, natural disasters, or human rights violations, allowing them to sustain a dignified life.

With the entry into force of the Temporary Protection Regulation in 2014, a legal basis was established for the scope and duration of this status. During their stay under temporary protection, individuals may benefit from the following rights:

• Shelter and Basic Living Support

Foreigners under temporary protection may access accommodation in shelter centers, basic necessities, healthcare services, and educational opportunities.

• Employment and Work Opportunities

Under certain conditions, foreigners may obtain work permits, which are valid in specific sectors and subject to defined procedures. According to Article 49 of the Constitution of the Republic of Turkey, the right to work is guaranteed for everyone, and the state is responsible for protecting this right—not only for Turkish citizens but also for foreigners who comply with the legal requirements.

• Education

Children under temporary protection have the right to access the Turkish education system. They may enroll in schools and benefit from public education services.

• Healthcare Services

Foreigners under temporary protection are entitled to free emergency and basic healthcare services. They can apply to public health institutions and receive treatment as needed.

• Social Assistance

Eligible individuals may receive financial aid, food assistance, and other types of social support from public institutions or humanitarian organizations.

• Interpretation Services

Interpretation support may be provided to overcome language barriers in accessing official procedures, healthcare services, and other essential public services.

• Legal Representation and Judicial Aid

Foreign nationals under temporary protection may benefit from legal representation and judicial assistance in order to defend their rights during legal proceedings. This support ensures access to justice and the ability to participate fairly in administrative or judicial processes.

The rights of individuals under temporary protection in Turkey are defined and implemented in accordance with national law and the international agreements to which Turkey is a party. The goal is to ensure a safe and dignified life while upholding fundamental human rights.

Children Born in Turkey to Individuals Under International Protection

Individuals under international protection status and their family members are entitled to access primary and secondary education services in Turkey. This includes the right to enroll children in school and provide them with the necessary means to continue their education.

In addition, beneficiaries of protection status may also access social assistance and support services, which may include:

Financial assistance
Food aid
Shelter support
Access to healthcare services
Other forms of social support

Common provisions regarding individuals under international protection are regulated under the Law on Foreigners and International Protection (LFIP). Article 96 of the LFIP outlines these provisions, offering a detailed legal framework on the rights and entitlements granted to persons with protection status.

Within this framework, children born in Turkey to individuals under international protection are entitled to many of the same legal rights as their parents. These rights include access to:

Education
Healthcare
Shelter
Other essential social services

The goal of these entitlements is to ensure that children can grow and develop in a safe, healthy, and supportive environment.

In this way, children born in Turkey can integrate into society alongside their families and fully benefit from the rights afforded to them under the protection regime.

Rights of Foreign Nationals Under Temporary Protection: Permanent Residence

One of the most significant challenges faced by foreign nationals under temporary protection in Turkey is how to transition from this temporary status to permanent residency, especially for those hoping to establish a long-term life in the country. Turkish law provides certain pathways under specific conditions for individuals with temporary protection status to apply for and obtain permanent residence.

The transition process typically begins with an application for a long-term residence permit. To be eligible, individuals must have resided continuously in Turkey for a certain period and must meet financial security requirements. The goal is to provide a stable legal foundation for the person’s status in Turkey.

Obtaining a work permit is also an essential step for those under temporary protection. Work authorization can help meet the financial independence requirement, which is crucial for applying for permanent residency.

During this process, integration-supporting policies play a key role. Access to language training, vocational education, and community participation programs can significantly ease the transition and enhance the success of applicants. Such measures not only improve social adaptation but also contribute to the individual’s economic self-sufficiency.

Individuals who obtain permanent residence status may eventually become eligible to apply for Turkish citizenship. Citizenship represents the final stage of legal, social, and economic integration, allowing the individual to become a fully recognized member of Turkish society.

For many under temporary protection, following these steps is an opportunity to build a stable and lasting future in Turkey, moving from temporary refuge to permanent home.

Rights of Foreign Nationals Under Temporary Protection: Acquisition of Turkish Citizenship

In Turkey, citizenship is primarily acquired through descent (jus sanguinis) or marriage. Children of at least one Turkish parent are entitled to Turkish citizenship, even if they are born outside of Turkey. Additionally, stateless children born in Turkey who do not acquire any other nationality through their parents may also be eligible for Turkish citizenship.

Marriage is one of the recognized pathways to Turkish citizenship. However, to apply through marriage, the couple must have been legally married for at least three years. The Turkish nationality of either spouse is sufficient, regardless of gender.

Discretionary Citizenship and Legal Requirements

Apart from birth or marriage, it is also possible to acquire Turkish citizenship through discretionary approval by competent authorities. In general, a foreign national who wishes to become a Turkish citizen must meet the basic criteria outlined in Article 11 of the Turkish Citizenship Law, which states:

Article 11 –

A foreign national seeking Turkish citizenship must:

a) Be legally competent under their own national laws (or Turkish law if stateless)
b) Have resided in Turkey continuously for at least five years prior to the application
c) Demonstrate a genuine intention to settle in Turkey, supported by concrete actions
d) Not have any serious health condition that could threaten public health
e) Be of good moral character
f) Speak adequate Turkish
g) Have sufficient income or a profession to support themselves and their dependents
h) Not pose a threat to national security or public order

In addition to the above, authorities may also require the applicant to renounce their existing nationality, though this condition is subject to the discretion of the Council of Ministers.

Restrictions for Individuals Under Temporary Protection

Foreign nationals under temporary protection cannot apply for international protection while their temporary status is active. However, once this status ends and they become eligible for international protection, they may gain the legal right to apply for Turkish citizenship.

One significant limitation is that the time spent under temporary protection is not counted toward the five-year legal residence requirement for naturalization. This creates a situation of legal uncertainty for individuals seeking a long-term future in Turkey.

Furthermore, the investment-based citizenship route, while available to most foreign nationals, presents significant restrictions for Syrian citizens. Although foreigners who purchase real estate worth at least USD 400,000 may be eligible for Turkish citizenship through an exceptional procedure, Syrian nationals are prohibited from purchasing property in Turkey due to legal restrictions. Therefore, this pathway is not accessible to Syrian asylum seekers.