Foreigners and Migration Law

A Guide for Syrian Clients on Staying in Türkiye and Seeking Legal Remedies

Temporary protection, work, healthcare and the legal consequences of returning to Syria

Attorney Mustafa Abdulfettah · 12 min read

In this article

Introduction

A Syrian national's legal position in Türkiye cannot be understood from their passport alone. A person with a temporary protection identity document, a person residing under a valid residence permit and a person without registration or lawful stay are not subject to the same application procedure. These differences directly affect work, moving to another province, access to healthcare and the defence against a deportation decision. The first step is to establish both where the person actually lives and the status under which the administration records them.

This article deals in particular with issues faced by Syrian clients under temporary protection. It aims to correct the assumption that an identity card is sufficient for every procedure and to explain steps that may prevent a loss of rights. The review is based on sources available on 12 September 2026; the outcome may vary according to the person's documents and the administrative acts concerning them.

1. Why temporary protection and a residence permit must be distinguished

The statutory basis for temporary protection is Article 91 of Law No. 6458 on Foreigners and International Protection. The Temporary Protection Regulation establishes a special framework for certain persons who came to Türkiye, individually or as part of a mass influx, because of events in Syria. Provisional Article 1 of the Regulation uses arrivals from 28 April 2011 onward as its starting point. UNHCR's information on Türkiye also explains this scope. Syrian nationality alone, however, does not prove that a person's registration has been completed or that they meet the conditions for protection. [1][1]

A temporary protection identity document provides lawful stay in Türkiye, but under Article 25 of the Regulation it is neither a residence permit nor a document replacing one. Time spent under the document is not counted toward the total periods of residence permits; it does not confer a right to obtain long-term residence or to apply for Turkish citizenship solely on the basis of this status. The expectation that “I have lived in Türkiye for years, so I will automatically become a citizen” is therefore mistaken. Whether another route to citizenship is available must be assessed separately under its own conditions. [2][2]

The file of a Syrian national using an ordinary visa and residence route with a valid passport is assessed differently. According to the Ministry of Foreign Affairs' list, holders of ordinary Syrian passports require a visa. A temporary protection identity document also does not replace a passport or the documents required for international travel. A person wishing to switch to a residence permit should not first terminate their protection and leave themselves without documentation; they should act after clarifying the appropriate application route and the consequences of the change. [3][3]

2. Identity and address registration underpin daily life

Having a card in hand is not the same as having an up-to-date registration. An address check, a need to update the registration, a discrepancy in identity details or a decision concerning status may affect healthcare, education and employment procedures. A client should not rely solely on an intermediary's statement that “your identity record is closed”; they should ask the relevant provincial migration directorate about the nature and grounds of the act and the available remedy. A technical registration problem and termination of protection are different legal matters.

Persons under temporary protection must comply with the rules of their registered province and their reporting duties. Finding work in another city does not, by itself, authorise permanent residence there. Travel permission, a change of province and address notification should be planned as separate matters. Where a move is sought for treatment, family unity or work, supporting the reason with concrete documents such as hospital records, family documents or a job application enables the authority to assess the request. [4][4]

Decisions about neighbourhood rules for foreign residents should likewise not be based on an old online list. The Migration Management announcement from 2022 describes a historical measure; by itself it does not establish the position of a particular address in September 2026. Exceptions for new registration, address changes and family unity may differ. Checking current eligibility for the exact address and application type before signing a lease reduces the risk of later moving costs. [5][5]

3. An identity card alone is not enough to work

Registration for temporary protection is not itself a work permit. Regulation No. 2016/8375 permits an application for a work permit once six months have passed from the date of temporary protection registration. The Ministry of Labour and Social Security's implementation guide confirms this waiting condition. The expiry of the six months does not mean that a permit has been granted; work should not begin before the permit or applicable exemption has been obtained. [6][6]

For employment by an employer, the employer generally handles the application. The employer's workplace and employment conditions, the foreign national's registration status and the proposed work are examined together. Some fields, including health and education, may also require preliminary authorisation. The existence of an exemption for seasonal agriculture and livestock work does not mean a person may work without any procedure; the exemption must be obtained under the applicable process. The application route for self-employment differs from that for employment by an employer. [7][7]

In practice, a common problem is starting work after being told, “we will register you for insurance later”. The work permit, social security registration and documentary proof of wages should be considered together. When the employer changes or the job moves to another province, check whether the existing document covers the new circumstances. A work permit issued under temporary protection does not turn into an ordinary residence permit. It should therefore not be assumed that all travel and settlement restrictions have been lifted by virtue of the work document. [8][8]

4. Note the 2026 change to healthcare

Broad statements in older information materials that “all healthcare is free for persons under temporary protection” are unreliable for current applications. An amendment made by Presidential Decision No. 10658, which entered into force on 1 January 2026, changed the co-payment and financing provisions of Article 27 of the Temporary Protection Regulation. A Turkish Pharmacists' Association announcement dated 31 December 2025 concerning its new protocol with the Social Security Institution also confirms the commencement date and the new arrangements for obtaining medicines. [9][9]

Under the new provisions, a co-payment is charged in accordance with the Healthcare Implementation Communiqué. Persons whom the competent authorities determine to lack the means to pay may, on request, receive reimbursement of the co-payments they have paid from social assistance and solidarity foundations. A means assessment and a reimbursement request are not the same procedure. In addition, persons found to lack the means to pay are subject to restrictions on applying directly to private healthcare providers, except in urgent and essential circumstances. [10][10]

Accordingly, in a dispute the prescription, proof of payment, registration status and healthcare institution approached should be examined together. Not every charge is unlawful, just as financial hardship does not require a person to forgo the available application routes. The urgency of the healthcare need should also be documented. These explanations concern the legal assessment of access to services and charging, not the choice of treatment.

5. Voluntary return may have lasting consequences

Returning to Syria is a major personal and family decision, and its administrative consequences should be understood beforehand. Migration Management's official return portal explains appointments, procedures at the provincial directorate, the voluntary return form and checks at the border crossing. Under Article 12 of the Temporary Protection Regulation, a person's departure from Türkiye of their own free will is a ground for ending their individual temporary protection. Exceptional permissions and special arrangements must be researched separately. [11][11]

A departure should therefore not be planned on the assumption that “I can go for a few days and certainly come back with the same identity card”. Readmission to Türkiye or renewed protection registration is not automatic. The possibility that some family members will remain in Türkiye, the children's education, continuing treatment, employment and pending cases should be considered in advance. Secure copies of passports and identity documents, medical records and important notifications should be made before the return.

Voluntariness cannot be established merely by the presence of a signature on a form. In Akkad v. Türkiye, the European Court of Human Rights examined the applicant's removal to Syria in 2018 and the claim of voluntary return in light of the specific circumstances, and found violations. The judgment shows the importance of a genuine assessment based on information the person can understand and on free will. Its findings about past events, however, cannot be used as an automatic determination that everyone faces the same country risk in 2026. [12][12]

6. Preserving the time limit after a deportation decision is served

Obtain separately any deportation decision, act concerning temporary protection registration and administrative detention decision. A client saying only “they are going to send me away” does not identify which act should be challenged before which authority. Record the date of service, the stated grounds, the country of destination and whether interpretation or translation was provided at the first consultation. When assessing non-refoulement, specify personal threats, past incidents and current country information. [13][13]

Under Article 53 of Law No. 6458, an application may be made to an administrative court within seven days of service of the deportation decision. The authority that issued the decision must also be informed of the application. Subject to the statutory exception where the person consents, a foreign national is not deported during the period for bringing an action or until the proceedings end. The current procedural wording, as amended by Law No. 7533 in 2024, should be used; statements on older websites about the court's decision period should not simply be repeated. [14][14]

The Constitutional Court's Y.T. pilot judgment demonstrates the importance of an effective judicial remedy against the risk of deportation. The present application period, however, is determined from the law currently in force, not the rules applicable when the events in that older case occurred. Rather than merely stating nationality in the petition, explain the person's health, family life, children's circumstances and evidence of individual risk. Do not assume that all allegations carry the same weight; give priority to facts that can be documented. [15][15]

7. Detention in a removal centre requires a separate legal assessment

Administrative detention in a removal centre is not a criminal conviction. Its legal basis, necessity and conditions for continuation must be assessed separately. Article 57 of Law No. 6458 sets an upper limit of six months for administrative detention; it permits an extension of up to another six months if the procedures cannot be completed because the person does not cooperate or fails to provide accurate information or documents about their country. This does not mean that everyone may be held for twelve months; the need for continued detention must be reviewed regularly. [16][16]

An administrative detention decision is challenged before a criminal magistrates' judge. The five-day period in the law is the period for the judge's examination; it must not be read as giving the foreign national only five days to object. This application is not interchangeable with the action against the deportation decision in the administrative court. A fixed address, family support, health condition and evidence concerning flight risk may matter when considering alternative obligations under Article 57/A. [17][17]

Reports by the Human Rights and Equality Institution of Türkiye (TİHEK) under the national preventive mechanism contain specific findings about access to lawyers, provision of information and conditions in the centres visited. These findings should not be turned into a claim that every centre has the same conditions or that Syrians are systematically treated differently. In the particular case, document requests for a meeting, health applications and the responses; if ill-treatment is alleged, take it promptly through appropriate legal channels. [18][18]

8. The need for protection must be explained with personal evidence

Non-refoulement is not a safeguard that depends solely on possession of a temporary protection card. Article 4 of Law No. 6458 and Article 6 of the Temporary Protection Regulation establish the framework prohibiting removal to a place where a person faces a risk of torture or inhuman or degrading treatment. Article 55 of the Law also identifies persons in respect of whom a deportation decision may not be made. A problem with an administrative record does not justify skipping this assessment. Conversely, rather than stating only a general fear, the person must explain the danger they say they would face. [19][19]

For example, where a client says that particular people threatened them in the past, specifying the dates and places of the incidents, their relationship to those who made the threats and any messages or official records makes the assessment concrete. In the case of a serious illness, documents concerning continuing treatment and travel are important alongside the diagnosis. These examples do not mean that an application is certain to succeed; they make clear which facts the administration and the court are being asked to examine. In translation, the account must not be condensed so that personal details are lost.

Political or social developments in Syria likewise cannot be treated as an act that automatically ends a person's registration in Türkiye. Ending temporary protection generally and terminating or cancelling it for one person are different legal mechanisms. Current conditions in the country, the place to which the person would be sent and their individual circumstances must be considered together. Another person's return does not, by itself, prove that the client can return safely under the same conditions. [20][20]

9. How to prepare the client's file

At the first consultation, arrange the identity card and passport, address registration, family documents, employment documents, medical records and all notifications in chronological order. Add any earlier applications by a person with a registration problem and the administration's replies. Do not leave inconsistent spellings of names or dates of birth unexplained. For children, show custody, caregiving arrangements and continuing education separately.

If urgent action is needed, protect the time limit first while completing missing evidence in parallel. Before an incomprehensible document is signed, translate its contents; explain that voluntary return, service of decisions and statement forms have different consequences. If the conditions are met, investigate legal aid for those unable to pay a lawyer. Promises such as “we will reactivate your identity” or “you will certainly be released” are no substitute for a legal assessment. [21][21]

Effective legal support for a Syrian client depends on identifying the correct status and taking timely action more than on a single petition. Considering registration, employment, healthcare and return decisions together provides a firmer basis for continuity of daily life and protection of fundamental rights. Every application should rest on concrete documents, current legislation and information the person can understand.

Sources

Legislation and online sources checked on 12 September 2026. Source numbers are shown in the footnotes.

[1] 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu (Law on Foreigners and International Protection No. 6458), Articles 4, 19–35, 53–59 and 91; institutional copy held by METU incorporating the 2024 and 2025 amendments Access source

[2] Geçici Koruma Yönetmeliği (Temporary Protection Regulation), 2014/6883, particularly Articles 6, 12, 25, 29 and 33 and Provisional Article 1; Migration Management copy. For Article 27 on health, the amendment under Decision No. 10658 is also taken into account Access source

[3] UNHCR Türkiye, Temporary Protection in Türkiye, information on the scope and registration of Syrians Access source

[4] Presidency of Migration Management, Temporary Protection: Frequently Asked Questions; provisions on identity, travel and status Access source

[5] Ministry of Foreign Affairs, Visa Information for Foreigners, relevant country entries (undated, current online list) Access source

[6] Presidency of Migration Management, Announcement on the Closure of Neighbourhoods, 30.06.2022; implementation as of 01.07.2022 Access source

[7] Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik (Regulation on Work Permits for Foreigners Under Temporary Protection), 2016/8375, Articles 4–6; Official Gazette 15.01.2016/29594, LEXPERA legislative copy Access source

[8] Ministry of Labour and Social Security, Implementation Guide on Work Permits for Foreigners Under Temporary Protection; current online Ministry copy Access source

[9] 6735 sayılı Uluslararası İşgücü Kanunu (International Labour Force Law No. 6735), Articles 6–10, 12, 15 and 21–23. Official Gazette 13.08.2016/29800; text as adopted by the Grand National Assembly Access source

[10] Regulation annexed to Presidential Decision No. 10658, Articles 1–2; Official Gazette 28.11.2025/33091, effective 01.01.2026; Alomaliye legislative copy Access source

[11] Turkish Pharmacists' Association, announcement on the New SGK–TEB Protocol on the Supply of Medicines to Foreigners Under Temporary Protection, 31.12.2025 Access source

[12] Presidency of Migration Management, Voluntary Return to Syria portal; application, provincial-directorate and border-crossing procedures Access source

[13] European Court of Human Rights, Akkad v. Türkiye, No. 1557/19, 21.06.2022; voluntary return, refoulement and safeguards of liberty; HUDOC judgment Access source

[14] Law No. 7533, Articles 35–38; amendments to Articles 31 and 53 of LFIP. Official Gazette 30.11.2024/32738; official text of the Grand National Assembly Access source

[15] Presidency of Migration Management, Deportation: judicial remedies, administrative detention and alternative obligations (undated) Access source

[16] Constitutional Court Plenary, Y.T., Application No. 2016/22418, 30.05.2019; Official Gazette 09.07.2019/30826; right to an effective remedy and pilot judgment Access source

[17] Human Rights and Equality Institution of Türkiye, National Preventive Mechanism Annual Report 2024, August 2025, printed pp. 31–34 Access source

Footnotes

  1. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [2]: Geçici Koruma Yönetmeliği; Kaynakça [3]: UNHCR Türkiye. [1] [2] [3]

    ↩
  2. Kaynakça [2]: Geçici Koruma Yönetmeliği; Kaynakça [4]: Göç İdaresi Başkanlığı. [2] [4]

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  3. Kaynakça [5]: Dışişleri Bakanlığı; Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [2]: Geçici Koruma Yönetmeliği. [5] [1] [2]

    ↩
  4. Kaynakça [2]: Geçici Koruma Yönetmeliği; Kaynakça [4]: Göç İdaresi Başkanlığı. [2] [4]

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  5. Kaynakça [6]: Göç İdaresi Başkanlığı. [6]

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  6. Kaynakça [7]: Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik; Kaynakça [8]: ÇSGB. [7] [8]

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  7. Kaynakça [7]: Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik; Kaynakça [8]: ÇSGB. [7] [8]

    ↩
  8. Kaynakça [8]: ÇSGB; Kaynakça [9]: 6735 sayılı Uluslararası İşgücü Kanunu. [8] [9]

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  9. Kaynakça [10]: 10658 sayılı Cumhurbaşkanı Kararı eki Yönetmelik; Kaynakça [11]: Türk Eczacıları Birliği. [10] [11]

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  10. Kaynakça [10]: 10658 sayılı Cumhurbaşkanı Kararı eki Yönetmelik. [10]

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  11. Kaynakça [12]: Göç İdaresi Başkanlığı; Kaynakça [2]: Geçici Koruma Yönetmeliği. [12] [2]

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  12. Kaynakça [13]: AİHM. [13]

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  13. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu. [1]

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  14. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [14]: 7533 sayılı Kanun; Kaynakça [15]: Göç İdaresi Başkanlığı. [1] [14] [15]

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  15. Kaynakça [16]: AYM Genel Kurulu. [16]

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  16. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [15]: Göç İdaresi Başkanlığı. [1] [15]

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  17. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [15]: Göç İdaresi Başkanlığı. [1] [15]

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  18. Kaynakça [17]: TİHEK. [17]

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  19. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [2]: Geçici Koruma Yönetmeliği. [1] [2]

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  20. Kaynakça [2]: Geçici Koruma Yönetmeliği. [2]

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  21. Kaynakça [1]: 6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; Kaynakça [2]: Geçici Koruma Yönetmeliği. [1] [2]

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