Family reunification is governed by Articles 34-35 LFIP. While the law allows refugees and subsidiary protection beneficiaries to be reunited with family members,[1] under preferential conditions compared to other foreigners, conditional refugees are excluded from family reunification altogether. That is also implied by the fact that international protection beneficiaries are not granted a Residence Permit, whereas the law requires the sponsor to have resided in Türkiye for more than one year on a residence permit.[2] Refugees and subsidiary protection holders are expressly exempt from this condition, but conditional refugees are not.[3]
A refugee or beneficiary of subsidiary protection may reunite with the following family members:[4]
- Spouse, whereby only one spouse may benefit from family reunification in the case of polygamous marriages;[5]
- Minor children or minor children of the spouse;
- Dependent children or dependent children of the spouse.
The Türk Kızlay had received 110 requests for family reunification as of December 2022, but only 9 instances have been satisfactorily handled. They also provide family tracing and messaging services. Only 8 of 238 family tracing requests were met, and only 33 of 119 family messaging requests were delivered successfully. Türk Kizilay initiated a fund-raising drive in 2022 to support their family reunification activities.[6] Refugee Rights Turkey is also providing counselling on family reunification to unaccompanied refugee minors. Legal clinics supported by UNHCR provides legal support for family reunification cases.
Unaccompanied minors face numerous challenges during the family reunification process[7]. Gathering documentation, waiting for appointments, and interfacing with shelter and migration authorities can take many months. For those living outside Istanbul or Ankara, additional hurdles include securing travel permits and consular appointments, and arranging for inter-city transport and accommodation. While some youth shelters actively support UAMs in their family reunification efforts, others only respond after a request is made. A major obstacle is the requirement for valid passports or travel documents, which many minors lack due to never receiving them, or because they were lost or confiscated during their journey. Consular authorities from some countries, like Afghanistan, complicate matters further by requiring parental consent for issuing passports. This can be particularly challenging if parents are deceased or unreachable, requiring death certificates or the consent of another relative. The financial burden of filing family reunification applications, including visa fees, document translation and notarization, shipping, and travel costs, is another significant challenge. Some costs may be covered by the sponsors, or NGOs such as RRT, to ensure the minors’ right to family reunification.
[1] Article 34(1) LFIP; Article 30(1)(d) RFIP.
[2] Article 35(1)(ç) LFIP.
[3] Article 35(4) LFIP.
[4] Article 34 LFIP; Article 30 RFIP.
[5] Article 34(2) LFIP; Article 30(3) RFIP.
[6] Information provided by a stakeholder, June 2023.
[7] Refugee Solidarity Network and RRT, Reuniting Families: Opportunities and Challenges for Refugees in Turkey.