KÜHEYLAN HUKUK
What Rights Does a Foreign Victim of Human Trafficking Have in Türkiye? 30-Day Healing and Reflection Period Residence Permit Law No. 6458 on Foreigners and International Protection Art.48, Art.49, Art.55; Article 80 of the Turkish Penal Code No. 5237 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Foreigners who are strongly suspected of being or may be victims of human trafficking are given a thirty-day residence permit by the governorships so that they can recover from the effects of what they have experienced and decide whether to cooperate with the authorities (Law No. 6458, Art. 48/1). The conditions in other residence permits are not required for this permit (Art. 48/2). The leave can be extended depending on the situation of the victim and no deportation decision is taken during the victim support process (Article 55).
What is the Crime of Human Trafficking?
Article 80 of the Turkish Penal Code regulates human trafficking as a separate crime. This includes employing or exploiting people by force, threat or deception, or supplying, transporting or sheltering them for this purpose. The crime is considered a crime that requires severe punishment. The fact that the victim is a foreigner does not mean that the rights that need to be protected are eliminated. On the contrary, the law provides for separate protection regulations for foreign victims.
Article 48 of Law No. 6458 provides for the granting of a thirty-day residence permit to foreigners who are suspected to be or may be victims of human trafficking. The permit gives the foreigner time to do two things: to recover from the trauma he has experienced and to decide whether to cooperate with the authorities. This permit is granted regardless of the conditions required for normal residence permits, such as passport, address, subsistence and health insurance (Art. 48/2). Therefore, victims who are illegal or undocumented can also apply.
Can Leave Be Extended?
According to Article 49 of the Law, the residence permit granted for the recovery and reflection period may be extended for a maximum of six months due to the safety, health or special condition of the victim. The total of these periods cannot exceed three years (Art. 49/1). If it is determined that the victim has reconnected with the perpetrators of the crime on his own initiative, his residence permit will be canceled (Art. 49/2). Therefore, it is important for the victim to stay away from the perpetrator and maintain regular communication with the authorities.
Article 55/1-ç of Law No. 6458 regulates that deportation decisions should not be taken for victims of human trafficking who benefit from the victim support process. This provision applies even if there are deportation reasons in Article 54. In addition, victims of psychological, physical or sexual violence are not deported until their treatment is completed (Article 55/1-d). The law stipulates that these evaluations should be made separately for everyone and that, if necessary, address and notification obligations may be imposed (Article 55/2).
What Should the Victim Do?
Reaching a safe place and contacting law enforcement or a health institution if necessary.
To notify the authorities if your passport and identity document have been taken away.
To file a criminal complaint and learn your rights before giving a statement.
Initiating the residence permit process through the governorship or provincial immigration administration.
To request health, psychological and legal support opportunities.
Since the application method and institutions may change over time, current practice should also be learned from the competent authority. In case of urgent danger, emergency call lines such as 112 can be used.
Event Summary Form: Fictional example: A foreign person brought from abroad with the promise of a job realizes that his passport has been confiscated and he is being forced to work without pay. When he finds the opportunity to escape, he is afraid of being deported because he does not have legal permission in the country. Process: The lawyer examines whether the incident raises suspicion of human trafficking. Safe shelter, health support and residence permit applications are planned together and a criminal complaint is prepared. Result: If there is strong suspicion, a thirty-day leave is given and no deportation decision is taken during the victim support process. It is important to decide on cooperation within the deadline and request an extension. The result depends on the conditions required by law.
Can a foreigner without permission be a victim of human trafficking?
Yes. The law clearly states that other residence permit conditions are not required (Art. 48/2). Suspicion of being a victim may be sufficient.
How many times can thirty-day leave be extended?
The law allows extensions for periods of up to six months. The total period cannot exceed three years (Art.49/1).
Will the person who says he is a victim be deported?
No deportation decision is taken for victims of human trafficking who benefit from the victim support process (Article 55/1-d).
In what situation is the residence permit canceled?
If it is determined that the victim has reconnected with the perpetrators of the crime on his own initiative, the permission is canceled (Art. 49/2).
Is it mandatory to file a criminal complaint?
The duration of the leave is provided in the law for the victim's decision to cooperate. Whether or not a criminal complaint will be filed should be evaluated legally based on security and file status.
Can the victim work?
The right to work depends on the work permit rules and practice in the law. It must be confirmed by the competent authority specific to the file.
Not contacting the authorities at all for fear of deportation.
Not requesting a residence permit extension before the period expires.
Cause the permission to be revoked by re-communicating with the perpetrator.
Not learning their rights and legal consequences before giving a statement.
Not storing documents and evidence safely.
For foreigners who are victims of human trafficking, the law provides both protection and a period of reflection. Application made at the right time strengthens the person's security and legal position. Küheylan Law Firm provides legal support to foreigners who are victims of human trafficking in applying for a residence permit, in the criminal complaint process and in the use of deportation protection.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
KÜHEYLAN HUKUK