Can children be included in deportation proceedings with their foreign parents in Turkey in 2026? Learn how removal decisions affect foreign children, the best interests of the child, Article 55 protection, family unity, humanitarian residence permits and court challenges.

Yes. Foreign children can be affected by deportation proceedings involving their foreign parents in Turkey, but a child’s position should not simply be treated as an automatic extension of the parent’s immigration case.

Under Law No. 6458 on Foreigners and International Protection, removal decisions are administrative decisions concerning individual foreigners. The authorities must also respect the statutory protections preventing removal in certain circumstances, and Article 55 assessments are made individually.

Where children are involved, their age, immigration status, dependency, health, education, family relationships, protection needs and best interests may materially affect the outcome.

Can a Child Be Included in the Family’s Deportation Process?

Potentially, yes.

For example, an irregularly staying family may consist of foreign parents and foreign minor children whose legal right to remain in Turkey has also ended.

In such circumstances, immigration proceedings may concern the entire family.

However, it should not automatically be assumed that:

Parent receives removal decision → child must automatically be removed.

The legal position of every family member should be checked separately.

Important questions include:

• Is the child also a foreign national?
• Does the child have an independent residence status?
• Is one parent legally resident in Turkey?
• Is one parent a Turkish citizen?
• Is the child a Turkish citizen?
• Does the child have serious health problems?
• Is the child an international protection applicant or beneficiary?
• Would removal create a prohibited risk?
• Are there humanitarian circumstances?
• What is in the child’s best interests?

Does a Parent’s Immigration Violation Automatically Apply to the Child?

Not necessarily.

A parent’s immigration violation and the child’s immigration position may overlap, but they are not always identical.

For example, a parent might face removal because of:

• Visa overstay,
• Residence permit cancellation,
• Unauthorized work,
• Violation of entry or exit rules,
• An existing entry ban,
• Public-order or public-security grounds.

The child’s circumstances may be different.

Accordingly, the family’s immigration file should be examined person by person.

Is the Best Interest of the Child Relevant?

Yes.

The best interests of the child are expressly recognized within Turkey’s humanitarian residence permit framework.

The Presidency of Migration Management identifies circumstances involving the best interest of the child as one of the situations in which a humanitarian residence permit may be granted under Articles 46 and 47 of Law No. 6458.

This does not mean that every family with children automatically receives humanitarian residence.

It means that the child’s circumstances are legally relevant and should be assessed rather than ignored.

What Factors Can Be Relevant to the Child’s Best Interests?

Depending on the case, relevant considerations may include:

• Child’s age,
• Length of residence in Turkey,
• Relationship with both parents,
• Citizenship of parents,
• Custody arrangements,
• School attendance,
• Medical condition,
• Disability,
• Psychological condition,
• Language and social integration,
• Dependency on a parent,
• Safety in the destination country,
• Availability of medical treatment,
• Risk of family separation.

No single factor necessarily determines the case.

Can a Turkish Citizen Child Be Deported with a Foreign Parent?

A Turkish citizen child is not in the same legal position as a foreign child subject to immigration control.

Where a foreign parent faces removal but the child is a Turkish citizen, the case requires a substantially different family-life and child-welfare assessment.

Relevant issues may include:

• Custody,
• Actual caregiving,
• Child’s age,
• Dependency,
• Other Turkish parent,
• Medical circumstances,
• Schooling,
• Existing family life in Turkey.

The foreign parent’s relationship with a Turkish citizen child does not automatically cancel a removal decision, but it can be highly relevant to the legality and proportionality of immigration measures.

What If Only One Parent Faces Deportation?

The family circumstances should be documented carefully.

For example, one foreign parent may face removal while:

• The other parent has lawful residence,
• The other parent has a work permit,
• The other parent is a Turkish citizen,
• The children have lawful status,
• The children are Turkish citizens.

In such cases, removal may result in separation of the family.

Evidence concerning the child’s dependency on the parent facing removal can therefore become important.

Can Foreign Children Have a Different Residence Status from Their Parents?

Yes.

A child’s immigration status should be checked independently.

Depending on the circumstances, children may have residence rights connected to family residence, international protection or another lawful immigration basis.

The Presidency of Migration Management confirms, for example, that family residence permits can cover a sponsor’s foreign minor children and dependent foreign children subject to the statutory requirements.

Therefore, a parent’s immigration problem does not justify assuming that every child’s status is identical.

Can Article 55 Prevent a Child’s Removal?

Potentially.

Article 55 of Law No. 6458 prevents removal decisions in specified circumstances regardless of whether Article 54 removal grounds otherwise exist.

These protections include foreigners:

• Facing serious indications of death penalty, torture, inhuman or degrading treatment in the destination country,
• Facing travel risks because of serious health conditions or age,
• Receiving treatment for a life-threatening condition that cannot be obtained in the destination country,
• Benefiting from victim-support procedures as victims of human trafficking,
• Receiving treatment as victims of serious psychological, physical or sexual violence.

These protections can apply to children where the statutory conditions are satisfied.

Is Age Alone Enough to Prevent Deportation?

Not automatically.

Article 55 specifically recognizes circumstances in which a person would face risks during travel because of age.

The actual risk must therefore be assessed.

For a very young child, medically vulnerable child or child requiring special care, age may interact with health and dependency considerations.

What If the Child Has a Serious Medical Condition?

This can be particularly important.

Article 55 protects foreigners who face travel-related risks because of serious health conditions and foreigners undergoing treatment for life-threatening conditions where the required treatment cannot be obtained in the country of return.

Parents should obtain current medical evidence explaining:

1. The child’s diagnosis.
2. Current treatment.
3. Required medication.
4. Whether treatment can safely be interrupted.
5. Whether travel is medically safe.
6. Whether appropriate treatment exists in the proposed destination country.

A general statement that the child is ill may be insufficient.

What If the Child Has a Disability?

The child’s disability, medical needs, dependency and ability to travel should be documented individually.

Relevant evidence can include:

• Disability reports,
• Specialist reports,
• Rehabilitation records,
• Medication,
• Educational support records,
• Evidence of dependency on a particular parent.

Depending on severity, Article 55 or humanitarian residence considerations may become relevant.

Can School Attendance Stop Deportation?

School attendance alone does not automatically prevent removal.

However, education can form part of the broader best-interests assessment, particularly where a child:

• Has lived in Turkey for many years,
• Is integrated into the education system,
• Has special educational needs,
• Is approaching important examinations,
• Has limited ties to the proposed destination country.

The legal argument should consider the child’s circumstances as a whole rather than relying exclusively on school enrollment.

What About Children Born in Turkey?

Birth in Turkey does not by itself mean that a foreign child cannot be subject to immigration proceedings.

Nor should it be assumed that a child automatically acquires Turkish citizenship simply because the child was born in Turkey.

The child’s citizenship and immigration status must be determined separately.

What If the Child Has Never Lived in the Parents’ Country of Origin?

This may be relevant to the child’s best interests and humanitarian circumstances.

Factors may include:

• Child’s age,
• Place of birth,
• Language,
• Education,
• Family network,
• Health,
• Cultural and social ties,
• Conditions in the destination country.

However, being born or raised in Turkey does not by itself create an automatic exemption from immigration law.

What Happens to Unaccompanied Children?

Unaccompanied children require a different protection approach.

Official Migration Management guidance concerning international protection states that when a foreigner seeking protection is identified as an unaccompanied child, the relevant child-protection authorities are contacted and specific procedures are followed.

An unaccompanied child’s case should therefore not be treated as an ordinary adult removal case.

Can a Parent Apply for International Protection on Behalf of a Child?

In appropriate circumstances, yes.

Migration Management states that an applicant may apply on behalf of accompanying family members whose international protection applications are based on the same grounds, and separate consent is not required from minor family members for such an application.

International protection should only be invoked where genuine protection grounds exist.

It should not be treated merely as a mechanism for delaying removal.

Can Children Be Held in Removal Centers with Their Parents?

Cases involving children and administrative detention require particular care.

A removal decision and administrative detention are legally separate measures. Under the general removal framework, administrative detention is imposed on foreigners falling within specified statutory categories, such as risk of absconding, breaches of entry or exit rules, use of false documents, failure to leave within a granted period, or certain public-order, security or health grounds.

Where children are affected, their age, vulnerability, welfare, health and family circumstances should be specifically examined.

A lawyer should determine exactly what decision has been issued for each family member, rather than assuming that the parent’s detention decision automatically applies identically to every child.

Can Alternatives to Detention Be Requested for a Family with Children?

Potentially.

The necessity of administrative detention must be regularly reviewed. Where detention is no longer necessary, it must be terminated, and residence and reporting obligations may be imposed instead.

For a family with minor children, relevant evidence can include:

• Genuine fixed address,
• Children’s school records,
• Family ties,
• Medical records,
• Parents’ cooperation with authorities,
• Identity documentation,
• Evidence demonstrating low risk of absconding.

The existence of children does not itself guarantee release, but their welfare can materially affect the analysis.

Can a Humanitarian Residence Permit Protect the Child?

Potentially.

Humanitarian residence is particularly important in cases involving children because official Migration Management guidance expressly identifies the best interest of the child as a statutory circumstance for humanitarian residence.

Humanitarian residence may also be relevant where:

• A foreigner cannot be removed despite a removal decision,
• Departure is not reasonable or possible,
• Article 55 prevents issuance of a removal decision,
• Certain judicial challenges are pending,
• Emergency or extraordinary circumstances exist.

It is not automatically granted merely because the family has a minor child.

Can the Parents Challenge a Removal Decision Affecting the Family?

Yes.

The removal decision, together with its reasons, must be notified to the foreigner, legal representative or lawyer.

Under the current official framework, the foreigner, legal representative or lawyer may challenge a removal decision before the administrative court within 15 days from notification.

Where several family members have received decisions, the documents concerning each individual should be reviewed.

Why Is the Notification Date Important?

Because the judicial challenge period runs from notification.

Parents should immediately obtain:

• Removal decisions,
• Notification documents,
• Children’s decisions, if separately issued,
• Residence permit records,
• Passport records,
• Administrative detention documents.

Waiting can create serious procedural problems.

Can a Child’s Medical or Humanitarian Situation Be Raised During the Lawsuit?

Yes.

The child’s individual circumstances can be central evidence.

Relevant documents can include:

• Birth certificate,
• Passport,
• Residence permit,
• School records,
• Medical reports,
• Disability records,
• Custody judgments,
• Evidence of Turkish citizen relatives,
• Psychological evaluations,
• Evidence concerning conditions in the destination country.

Evidence should address the actual legal issue rather than relying on general assertions about hardship.

Does Challenging the Parent’s Deportation Automatically Protect the Child?

Not necessarily.

The immigration position of each person should be identified.

Where separate administrative decisions exist, they may require separate procedural attention.

This is why a family deportation file should begin with a complete list of:

Parent 1 → Parent 2 → Child 1 → Child 2 → immigration status → removal decision → detention decision → notification date → protection issue.

Can Family Unity Prevent Deportation?

Family unity can be an important consideration, particularly when removal would separate children from a parent or other primary caregiver.

However, family unity should not be presented as an absolute rule automatically preventing every removal decision.

The outcome depends on matters such as:

• Citizenship,
• Lawful status of other family members,
• Custody,
• Dependency,
• Child’s best interests,
• Article 55 protection,
• Reason for removal,
• Public-order or security issues,
• Availability of family life elsewhere.

What If the Child Is a Victim of Violence or Trafficking?

Special Article 55 protections may apply.

Article 55 protects victims of human trafficking benefiting from victim-support processes and victims of serious psychological, physical or sexual violence until treatment is completed.

A child falling within these categories may therefore require immediate protective assessment rather than routine removal processing.

What Documents Should Parents Collect?

A family facing deportation should consider collecting:

1. Removal decisions for every affected family member.
2. Notification records.
3. Parents’ and children’s passports.
4. Birth certificates.
5. Residence permits.
6. Marriage documents.
7. Custody decisions.
8. Turkish citizenship records of relevant family members.
9. School records.
10. Medical reports.
11. Disability documentation.
12. Psychological reports.
13. Fixed-address evidence.
14. International protection documents.
15. Evidence demonstrating the child’s dependency and family life.

The strongest case is generally built around the individual circumstances of each child.

2026 Current Legal Position

Under the legal framework applicable in 2026, foreign children can be affected by removal proceedings involving their foreign parents, but children’s cases require individualized examination.

Removal decisions are issued by governorates under the framework of Articles 52–60 of Law No. 6458. Article 54 removal grounds remain subject to the protections contained in Article 55.

Article 55 assessments must be conducted individually.

Children may themselves fall within Article 55 protections because of health, age, treatment needs, trafficking or serious violence.

The best interests of the child are expressly recognized within the humanitarian residence permit framework.

Removal decisions can currently be challenged before the administrative court within 15 days from notification.

Accordingly, the practical approach should be:

Identify every family member’s immigration status → obtain every removal and detention decision → check notification dates → examine the child’s citizenship and residence status → assess Article 55 protection → document health, education, custody and dependency → assess the child’s best interests → consider humanitarian residence where applicable → challenge removal within the applicable deadline.

Frequently Asked Questions

1. Can foreign children be deported together with their foreign parents?

Potentially, yes, where the children themselves have no lawful basis to remain and removal is legally permissible. However, each child’s circumstances and applicable statutory protections should be examined individually.

2. Does a parent’s deportation automatically mean the child must leave?

Not automatically. The child’s nationality, immigration status, protection needs and individual circumstances must be checked.

3. Is the best interest of the child legally relevant?

Yes. The best interest of the child is expressly identified within the humanitarian residence permit framework.

4. Can a Turkish citizen child be deported as a foreigner?

A Turkish citizen child is not in the same immigration position as a foreign national subject to removal proceedings. The foreign parent’s case must be examined separately.

5. Can a child’s serious illness prevent removal?

Potentially. Article 55 protects foreigners facing specified travel-related health risks and those undergoing treatment for life-threatening conditions where necessary treatment cannot be obtained in the destination country.

6. Can school attendance stop deportation?

Not automatically, but education and integration can be relevant to the child’s broader best-interests assessment.

7. Can humanitarian residence be granted because children are involved?

Potentially. The best interests of the child are expressly included among the circumstances relevant to humanitarian residence.

8. What happens if the child is unaccompanied?

Unaccompanied children are subject to specific child-protection procedures, including coordination with relevant protection authorities.

9. How long is there to challenge a removal decision?

The current official framework provides 15 days from notification to challenge the removal decision before the administrative court.

10. Should every family member’s immigration file be checked separately?

Yes. Citizenship, residence status, removal decisions, detention measures and protection grounds may differ between parents and children.

Legal Assistance for Families and Children Facing Deportation in Turkey

Deportation proceedings involving minor children require more than an examination of the parents’ immigration violations. The child’s citizenship, legal status, health, education, dependency, protection needs and best interests may all be legally significant.

Fırat Fesih Kaya Law Office provides legal assistance to foreign families and children facing removal proceedings in Turkey.

Lawyer Fırat Fesih Kaya assists foreign nationals with family deportation cases, removal-decision challenges, Article 55 protection, administrative detention, humanitarian residence permits, Turkish citizen child cases and related immigration proceedings.

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Address: Mevlana Boulevard No:221, Yıldırım Tower No:148, 06520 Balgat, Çankaya, Ankara, Turkey

This publication is provided for general informational purposes and does not constitute legal advice. Deportation cases involving children require individual examination of every family member’s nationality, immigration status, removal decision, health, custody, family relationships and protection needs.