How to Apply for International Protection in Turkey

International protection (asylum) is a humanitarian status granted to foreigners who, fleeing persecution, torture, or war in their home country, seek legal stay in another country. In Turkey, international protection is governed by the Law on Foreigners and International Protection (No. 6458). A foreigner can apply for international protection if he fears serious harm (such as death, torture, or persecution for race, religion, nationality, political opinion, or social group membership) upon return to their country, and if that country cannot or will not protect them. In other words, the applicant asserts that returning home is unsafe due to those risks.

Under Turkish law, there are three types of international protection statusesRefugeeConditional Refugee, and Subsidiary Protection.

  • Refugee: For those who fear persecution as above, where the persecution comes from events that occurred outside Turkey’s geographical territory (due to Turkey’s “geographical limitation” on the 1951 Convention). Refugee status is granted to those who cannot avail themselves of protection in their home country and fear returning. Once granted, the foreigner receives an identity document valid for 3 years (renewable) that serves as a work permit. A person with refugee status may live and work in Turkey under that document.
  • Conditional Refugee: Similar to refugee, but when the triggering persecution occurred outside of Europe. In practice, a person who fled non-European country conflicts and applies for protection in Turkey may be given conditional refugee status. They may stay in Turkey until being resettled to a third country. After six months from the application date, conditional refugees can apply for a work permit, which will be granted if their protection request is accepted.
  • Subsidiary Protection: Given to those not qualifying as refugees or conditional refugees, but who would face serious harm (like death penalty, torture, or indiscriminate violence) if returned. For example, if a country has no death penalty but a foreigner has been sentenced there, he may gain subsidiary protection. Holders of subsidiary protection also receive a 3-year identity that allows them to work freely in Turkey.

Who can apply for International Protection

Any foreigner or stateless person currently in Turkey can apply for international protection if they meet the above conditions. Exceptions include those already protected by another country or organization, those convicted of serious crimes (as defined in 1F of the 1951 Convention), or those considered threats to public security. For instance, if someone committed war crimes or is a danger, they cannot get protection. Also, Syrians under Temporary Protection in Turkey cannot make an individual international protection application while they remain under that temporary protection.

Where and How to Apply

Applications for international protection must be made in person at the Provincial Directorate of Migration Management (Governorate) in the province where the applicant is located. For example, an asylum applicant in İzmir would go to the İzmir Provincial Directorate of Migration Management. A formal application is submitted using the prescribed forms. If an applicant first approaches police or a border post, that agency immediately notifies the migration office, but the official registration is done at the migration management office.

Important points:

  • The applicant themselves must apply. A lawyer or representative cannot file the application on their behalf. (However, an applicant may simultaneously apply on behalf of accompanying family members if they have consent.)
  • At the application, the migration office records all personal information (name, date/place of birth, nationality, fingerprints, etc.) and issues a “Foreigners’ International Protection Applicant Identity Document”, valid for one year and renewable. This document serves as a temporary residence permit.

During application, you must provide all available information about your identity, travel route, and reasons for fleeing. Present your passport or any ID if you have it. Explain why you left your country, what happened en route, and why you fear returning. If you have any evidence (police reports, medical records, affidavits, etc.), submit it. If identity documents are missing, officials will rely on your testimony. You will be asked to sign your application and answer detailed questions.

After submission, you will receive a registration date. Within 30 days, you should be invited to attend a confidential interview (in Turkish or with an interpreter). You must be present at this interview. If you fail to appear without excuse three times, your application is considered withdrawn.

Required Documents

While an extensive interview and documentation are required, typical documents include:

  • Identification: Passport (if any), national ID, birth certificate, or any available ID documents. Photocopies may suffice if originals are unavailable.
  • Photographs: Several passport-size photos.
  • Proof of status: Temporary protection card or visa (if coming from abroad), residence permit in Turkey (if any).
  • Evidence of claim: This could be anything corroborating your story – for example, police or court documents, news articles about events in your home area, medical reports of injuries, membership cards, letters of threat, etc.
  • Translation: If documents are in another language, provide Turkish or English translations (the migration office can assist with translation at the interview).

Interview (Asylum Eligibility Assessment)

In the interview, a specially trained officer (with interpreter if needed) will ask detailed questions about your situation. You should clearly explain the threats or persecution you face, including dates, places, people involved, and how it personally affects you. You may also explain any family situation if family members are included. Always speak truthfully and consistently.

The entire interview is recorded (audio or video). You are allowed to have an observer (such as your lawyer) present, but they may not speak or answer questions for you. The officer will likely ask about:

  • The reason you fled home.
  • Who harmed or threatened you.
  • Your travel route to Turkey.
  • Any previous asylum applications.
  • Your personal identification details.

If you do not speak Turkish well, an official interpreter will be provided. The key is to be credible and calm; presenting any hard evidence (documents, photos, testimonies) during or before the interview can significantly strengthen your case.

Decision Timeframe and Outcome

By law, a final decision on an international protection application must be made within 6 months of the registration date. This includes both the initial assessment and any appeal. If no decision can be reached in 6 months, the applicant should be notified and the process can continue.

Possible outcomes:

  • Approval (Protection Granted): You are informed which status you receive (refugee, conditional refugee, or subsidiary protection). A special “International Protection Status Identity Document” will be issued, valid for 3 years (renewable). This card replaces any residence or work permit requirement. As a protected person in Turkey, you have the right to live, work, and access social services similar to Turkish citizens. Under law, asylum seekers and stateless people may work in Turkey. Refugees and subsidiary protectees can work immediately with their status ID. Applicants (waiting decision) may apply for a work permit after 6 months, which is usually granted.
  • Denial (Protection Denied): If your claim is found insufficient (for example, if authorities conclude there is no real risk or proper evidence), you receive a written rejection with reasons. Reasons might include inability to substantiate fear, or being excluded (as noted above).

If denied, you have legal remedies: You and/or your lawyer can file an appeal to the International Protection Evaluation Commission within 10 days after notification. This independent commission reviews the case again. If it upholds the denial, you can then file an administrative lawsuit in the appropriate Administrative Court (usually where you applied) to annul the decision. The appeal court has 15 days to decide on accelerated procedures. During appeal, you are not deported and may remain in Turkey.

Travel and Rights While Under Protection

  • Traveling Abroad: An asylum seeker cannot leave Turkey during the evaluation period. The temporary asylum card issued has a special code preventing international travel. If you leave illegally, you are considered to have withdrawn your application, and you lose your protection claim.
  • Once Protected: After being granted protection, you can obtain a refugee travel document (similar to a passport) which allows you to travel internationally. This document is issued by the migration office and is recognized by many countries. You must still re-enter Turkey with it in order to retain status.
  • Employment: By law, both applicants and those with status can work in Turkey. For applicants (pending status), apply for a work permit after 6 months as noted. For status holders, no separate permit is needed – their identity card is a de facto work authorization. They are free to take any job or start a business, subject only to the general restrictions that apply to all workers (e.g., certain public offices or regulated professions may exclude non-citizens).
  • Social Rights: Protected persons may get access to healthcare, education, and social assistance. For instance, those without health insurance may receive temporary coverage under Turkey’s health insurance schemes for at least one year from registration.

FAQs

  • “I made false statements or used fake documents. Can I lose my protection?” Yes. If it is later discovered that you obtained status through fraud (fake IDs, lies, concealment of facts), your protection can be cancelled. Always tell the truth and provide genuine evidence.
  • “Can I apply if I already have refugee status elsewhere?” No. If you are recognized as a refugee or protected person by another country or UNHCR, you generally cannot apply for protection in Turkey.
  • “What happens if I miss the interview?” Missing the interview without a valid excuse may lead to your application being considered withdrawn. Always communicate with the migration office if you have difficulties.
  • “Can family members apply together?” Yes. You can include your spouse and minor children in your application. Their protection status will depend on yours. They will also receive IDs and rights as family members.
  • “How long will this process take?” From initial application to final decision (including possible appeals) it can take one year or more, depending on appeals. The first decision (accept/reject) must come within 6 months, but appeals can extend the total time.
  • “Will I be forced to leave Turkey?” As long as your application is pending or you have initiated an appeal, you cannot be deported. Only after a final court decision (and exhausting legal remedies) can deportation be enforced. If granted international protection, you cannot be deported except by choice (e.g., you choose to return home).

Role of a Lawyer

Hiring an experienced immigration lawyer (Göçmenlik Avukatı) greatly improves the chances of success. Although not required to apply, an attorney can: prepare and organize your application, ensure all relevant evidence is included, accompany and advise you in the interview (as a silent observer), and handle appeals and lawsuits.

In particular, a lawyer will:

  • Explain your rights and obligations in the application process.
  • Help gather documentary evidence (medical, legal, news reports, etc.).
  • Check that your statements are consistent and well-supported.
  • Draft the application and any appeals carefully, referencing law and relevant case facts.
  • Represent you in court if litigation is needed.

Attorney Fees and Representation

If you choose a private lawyer, discuss fees up front. Immigration cases may have fixed or hourly fees depending on complexity. While there is no official fixed tariff specifically for asylum cases, attorneys generally charge a flat fee for the entire process (application, interview prep, appeals, trial) which can range widely. As a rough example, full-service asylum representation might cost one thousand USD (consultation rates can vary from 100–200 USD per hour as of 2025). For families, bundled rates may be negotiable. Important: Do not hire a lawyer who promises guaranteed success or charges exorbitantly high fees. Use trusted referrals (e.g., İzmir Barosu advices) and check references.

Choosing the Best Immigration Lawyer in Izmir

To select a qualified Izmir immigration lawyer, consider:

  1. Experience: Find a lawyer who specializes in foreigners’ law. Check if they have handled multiple asylum or residence cases.
  2. Track Record: A high success rate with previous clients is a good sign. You might ask for (anonymous) testimonials or case references.
  3. Communication: They should speak the applicant’s language (English, Arabic, Farsi, etc.) or have competent interpreters. Clear communication is vital in complex procedures.
  4. Local Knowledge: An İzmir-based lawyer knows the local migration office procedures and culture. Yasin Baykal, for instance, has years of experience handling İzmir cases (this is merely illustrative).
  5. Initial Consultation: Most good lawyers offer a first consultation. Use this to assess their understanding of your situation and their proposed strategy.
  6. Membership: Ensure they are an active member of the İzmir Bar Association (or national bar with permission to practice in İzmir).
  7. Cost Transparency: The lawyer should provide a clear fee agreement. Avoid vague promises.

In summary, look for a clear-minded, ethical, and accessible lawyer. A well-selected immigration attorney can be your strongest ally in navigating Turkey’s complex asylum system.

immigration lawyer in turkey
immigration lawyer in turkey

Immigration Lawyer in İzmir – Services for International Clients – Lawyer Yasin Baykal

Lawyer Yasin Baykal is a highly experienced immigration attorney based in İzmir, Turkey. With a law degree from Dokuz Eylül University, he specializes in foreign nationals’ rights under Turkish law, including international protection (asylum), residence and work permits, and citizenship applications. Our firm serves foreign clients from any country who want to stay in Turkey—whether they entered on a tourist visa or applied for refugee status.

Contact Information

  • Adress: İsmet Kaptan Mah. Gazi Bulvarı No:116 K:3 D:305, Çankaya, 35210 Konak/İzmir
  • Gsm: +90 506 128 95 95
  • E-mail: av.yasinbaykal@agmail.com