Rights and Obligations
General Principles
International protection beneficiaries shall not be subject to the reciprocity principle. The rights and benefits granted to applicants, persons whose application has been refused or international protection beneficiaries shall not be construed to provide more rights and benefits than those accorded to Turkish citizens.
Education
Applicant or international protection beneficiaries and family members shall benefit from primary and secondary education services via their identification cards according to their statuses. The foreigners under temporary protection shall have access to education via their “Temporary Protection Identification Document”, as well. The principles and procedures concerning the education services shall be laid down in Circular Law No 2014/21 which was issued by Ministry of National Education for these foreigners.
Access to Assistance and Services
The persons in need among the applicants or international protection beneficiaries and the persons under temporary protection shall have access to social aid and services via the Social Assistance and Solidarity Foundation under governorships.
Health Care Services
For those applicants or international protection beneficiaries who
a- are not covered with any medical insurance and do not have financial means (to afford medical services) are subject to the provisions of the Social Security and Universal Health Insurance Law No. 5510 dated 31/5/2006 for a period of one year from the registration of international protection application. A one-year time limit is not sought for those with special needs and those whose continuation of insurance registration is deemed appropriate by the Ministry. For the payment of the premiums of persons to benefit from the universal medical insurance, funds shall be allocated to the budget of the Presidency. Full or partial premiums shall be demanded in proportion to their financial means from the persons whose premiums are paid by the Presidency. Foreigners whose application is decided negatively by the management are excluded from the scope of universal health insurance.
b- those who at a later date would be found to already have had medical insurance coverage or the financial means or, to have applied (for asylum) for the sole purpose of receiving medical treatment shall be reported to Social Security Authority within ten days at the latest for termination of their universal health insurance and the expenditures related to the treatment and medication shall be reimbursed from them.
On the other hand, health services for the ones under temporary protection are regulated by Regulation on Temporary Protection Law No 27.
a- are not covered with any medical insurance and do not have financial means (to afford medical services) are subject to the provisions of the Social Security and Universal Health Insurance Law No. 5510 dated 31/5/2006 for a period of one year from the registration of international protection application. A one-year time limit is not sought for those with special needs and those whose continuation of insurance registration is deemed appropriate by the Ministry. For the payment of the premiums of persons to benefit from the universal medical insurance, funds shall be allocated to the budget of the Presidency. Full or partial premiums shall be demanded in proportion to their financial means from the persons whose premiums are paid by the Presidency. Foreigners whose application is decided negatively by the management are excluded from the scope of universal health insurance.
b- those who at a later date would be found to already have had medical insurance coverage or the financial means or, to have applied (for asylum) for the sole purpose of receiving medical treatment shall be reported to Social Security Authority within ten days at the latest for termination of their universal health insurance and the expenditures related to the treatment and medication shall be reimbursed from them.
On the other hand, health services for the ones under temporary protection are regulated by Regulation on Temporary Protection Law No 27.
Right to Work
With respect to access to the labor market:
a- An applicant or a conditional refugee may apply for a work permit after six months following the lodging date of an international protection application.
b- The refugee or the subsidiary protection beneficiary, upon being granted the status, may work independently or be employed, without prejudice to the provisions stipulated in other legislation restricting foreigners to engage in certain jobs and professions. The identity document to be issued to a refugee or a subsidiary protection beneficiary shall also substitute for a work permit and this information shall be written on the document.
c- Access of the refugee and the subsidiary protection beneficiary to the labor market may be restricted for a given period, where the situation of the labor market and developments in the working life as well as sectorial and economic conditions regarding employment necessitate, in agriculture, industry or, service sectors or a certain profession, line of business or, administrative and geographical areas. However, such restrictions shall not apply to refugees and subsidiary protection beneficiaries who have been residing in Turkey for three years; are married to Turkish citizens; or, have children with Turkish citizenship.
ç- The principles and procedures governing the employment of applicants or international protection beneficiaries shall be determined by the Ministry of Labor and Social Security in consultation with the Ministry.
Within this scope, “Work Permit Regulation on Applicants and International Protection Beneficiaries” No 29695 of 26/04/2016 is issued by the Ministry of Labor and social Security.
Regulation related to work permit of Syrians who are under Temporary Protection is carried out under the responsibility of the Ministry of Labor and Social Security in consultation with our Ministry, and it entered into force as the Cabinet Council Regulation of 2016/8375 by being published within the Official Gazette No 29594 of 15/01/2016.
a- An applicant or a conditional refugee may apply for a work permit after six months following the lodging date of an international protection application.
b- The refugee or the subsidiary protection beneficiary, upon being granted the status, may work independently or be employed, without prejudice to the provisions stipulated in other legislation restricting foreigners to engage in certain jobs and professions. The identity document to be issued to a refugee or a subsidiary protection beneficiary shall also substitute for a work permit and this information shall be written on the document.
c- Access of the refugee and the subsidiary protection beneficiary to the labor market may be restricted for a given period, where the situation of the labor market and developments in the working life as well as sectorial and economic conditions regarding employment necessitate, in agriculture, industry or, service sectors or a certain profession, line of business or, administrative and geographical areas. However, such restrictions shall not apply to refugees and subsidiary protection beneficiaries who have been residing in Turkey for three years; are married to Turkish citizens; or, have children with Turkish citizenship.
ç- The principles and procedures governing the employment of applicants or international protection beneficiaries shall be determined by the Ministry of Labor and Social Security in consultation with the Ministry.
Within this scope, “Work Permit Regulation on Applicants and International Protection Beneficiaries” No 29695 of 26/04/2016 is issued by the Ministry of Labor and social Security.
Regulation related to work permit of Syrians who are under Temporary Protection is carried out under the responsibility of the Ministry of Labor and Social Security in consultation with our Ministry, and it entered into force as the Cabinet Council Regulation of 2016/8375 by being published within the Official Gazette No 29594 of 15/01/2016.
Allowance
Other than those falling under Articles 72 and 79, an applicant that would be determined to be in need may be provided with an allowance with the assent of the Ministry of Finance, in accordance with the principles and procedures to be determined by the Ministry.
Obligations
In addition to the obligations stipulated in Section 3 of the Law 6458, applicant and international protection beneficiary shall:
a) report their most current employment status within thirty days;
b) report their income as well as [possession of] any movable and immovable property within thirty days;
c) report any changes in their address, identity, and civil status within twenty days;
ç) fully or partially reimburse the costs of any services, assistance and other benefits provided, where it is determined to have been unjustly received;
d) comply with the requirements of the Presidency pursuant to the provisions of related legislation.
Save for the right of access education and right of primary health care, restriction to enjoy other rights may be imposed on those who do not abide by the obligations set out in Section 3 and on those whose international protection claim has been refused.
a) report their most current employment status within thirty days;
b) report their income as well as [possession of] any movable and immovable property within thirty days;
c) report any changes in their address, identity, and civil status within twenty days;
ç) fully or partially reimburse the costs of any services, assistance and other benefits provided, where it is determined to have been unjustly received;
d) comply with the requirements of the Presidency pursuant to the provisions of related legislation.
Save for the right of access education and right of primary health care, restriction to enjoy other rights may be imposed on those who do not abide by the obligations set out in Section 3 and on those whose international protection claim has been refused.
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