WORK PERMIT TURKEY: Your Complete Guide
Many individuals from foreign countries make a living by working in Turkey. Turkish law regulates work permits with the International Labor Force Law, numbered 6735 (“Law”), which became effective on 13/08/2016. In accordance with Article 6/2 of the Law, it is illegal for foreigners to work in Turkey without a work permit. To clarify, this includes establishing your own business or being employed in an already established company in Turkey. The only exception is if you are exempt from obtaining a work permit, due to the Law or bilateral or multilateral agreements to which Turkey is a party. Therefore, foreigners must acquire a work permit prior to starting dependent or independent work in Turkey.
Work permit documents are officially issued by the Ministry of Labor and Social Security. This document grants the foreigner the right to work and reside in Turkey during its validity period. Certainly, hot having a work permit or exemption certificate may result in administrative fines and temporary entry bans. That is to say, these penalties are for both the foreign national and their employer. In conclusion, it is mandatory for foreigners to obtain a work permit Turkey or an exemption document. Therefore, in this article, we have gathered the conditions to be met to legally work and reside in Turkey.
1. Work Permit for a Definite Period:
At the initial work permit application, foreign individuals may get a permit valid for a maximum of 1-year period. This permit applies to a specific job or workplace belonging to an individual, business, public institution, or organization. Furthermore, such a permit may not exceed the duration of the employment or service contract.
After the validity of a maximum of 1 year long initial work permit, there may be an extension application. The initial extension will allow the foreign individual to work for a maximum of 2 years. Moreover, any subsequent extension will permit the foreigner to work for a maximum of 3 years. Certainly, these apply for the extension application with the same employer. However, requests to work with a different employer will be evaluated under Article 7 of the Law.
2. Work Permit for an Indefinite Period
After legally residing in Turkey for 8 years, a foreign individual may apply for an indefinite work permit. This applies to those who have held long-term residence permits or work permits for at least 8 years. However, it’s important to note that meeting the requirements for the application does not guarantee automatic approval.
Holders of indefinite work permits will be granted the same rights and benefits as those with long-term residence permits. However, there are a few exceptions. For instance, these include certain rights provided by special laws and exemptions from social security and military service obligations.
Certainly, holders of indefinite work permits, don’t have the right to vote, run for public office or hold public office. In any way, obtaining an indefinite work permit is a great opportunity for foreigners who have been working in Turkey for a long time.
3. Independent Work Permit
Individuals with specific professional skills may be eligible for an independent work permit Turkey. Of course, by meeting the criteria outlined in related regulations. During the evaluation of an independent work permit, level of education, professional experience are taken into consideration. Moreover, contributions to science and technology, potential impact of work or investment on Turkey’s economy and employment are also evaluated. Similarly, if the individual is a partner of a company, his/her share of capital is also considered. Certainly, there may be other considerations in accordance with the recommendations of the International Labor Force Policy Advisory Board. Most noteworthy, the independent work permit is issued for a specific period of time.
Securing an independent work permit Turkey can open up new opportunities for highly-skilled professionals, but the process can be complex. With the right qualifications, experience and by meeting the necessities, it’s possible to secure an independent work permit Turkey.
4. Turquoise Card
Turquoise Card is a permit issued to foreign individuals whose applications meet the criteria set by the International Labor Policy. Applicant’s level of education, professional experience, contributions to science and technology are taken into consideration during evaluation. In addition, potential impact of their work or investment on Turkey’s economy and employment is also considered. Similarly, recommendations from the International Labor Policy Advisory Board and guidelines set by the Ministry are also important. On a separate note, Ministry may also issue work permits based on international or temporary protection.
Validity Period and Indefinite Turquoise Card:
Turquoise Card is issued with a 3 (three) year transitional period. During such period, Ministry may request information and documents from the employer or the cardholder regarding their activities. The transitional period record on the Turquoise Card must be canceled and changed into an indefinite Turquoise Card on time. If it’s not canceled, the cardholder can apply for the removal of the transitional period record. This application must be made 180 (hundred and eighty) days before the expiration of the transitional period. Most importantly, it must be done before the expiration of the transitional period in any case. Applications after the expiration of the transitional period will be rejected, and the Turquoise Card will become invalid.
In short, it’s important to keep track of the expiration date. Moreover, to apply for the removal of the transitional period in order to secure an indefinite Turquoise Card.
Holders of Turquoise Card have the same rights as those with an indefinite work permit. This includes the ability to work in Turkey without restrictions on their profession or employer. In addition, they can access social services and benefits.
HOW to APPLY for a WORK PERMIT in TURKEY?
There are two main ways to apply for a work permit Turkey. These ways vary depending on whether the foreign applicant wants to apply from inside or outside Turkey.
1. How to Apply for a Work Permit From Abroad?
Acquiring a work permit in Turkey, when you are outside of Turkey has a couple of steps. First, you have to secure a work permit from the Turkish Consulate or Embassy in your country of residence. To clarify, we explained the process, step by step below.
Steps of work permit Turkey application from outside of Turkey:
- Foreign applicant and the employer sign an employment contract.
- Foreigner applies to the representative office of the Republic of Turkey in his/her country of residence (Consulate or Embassy). At the Consulate or Embassy, the foreigner transmits a 16-digit reference number to his/her employer in Turkey.
- The employer or the authorized e-declaration user creates a workplace record. This record is created with his/her e-signature in the Foreigners’ Work Permit Automation System via e-government. (E-signature can be obtained from institutions authorized by the Turkish Information Technologies Authority).
- Employer enters into the “Make Application” menu, fills in the reference number, requested information and documents. After completing this from the “Foreign Application” tab, the employer uploads such information to the system. The employer completes the application by approving it with his/her e-signature. (Foreigner can follow the evaluation process of his/her application from the “Application Tracking Menu”).
- If the application is positively evaluated by the Ministry;
- The Ministry notifies the work permit and valuable paper fee to the foreigner. Afterward, the employer deposits them separately to relevant bank accounts in Turkey.
- Finally, required visa fee must be paid to the Turkish Consulate or Embassy, where the foreigner made the application. Following the payment, a work visa will be obtained.
Delivery of the Work Permit and Final Steps:
- PTT Cargo will send the work permit card issued on behalf of the foreigner to the workplace address. (Foreigner can track the shipment from the PTT Cargo Tracking system. To do so, the foreigner needs a 13-digit barcode number. Adding “268004” in front of the application number forms the barcode number.).
- Within 30 days of a foreigner entering the country, the employer must apply to the Social Security Center. Foreigner’s insurance must be completed from the Social Security Center to which the employer is affiliated. In other words, the employer must submit the employment declaration to the affiliated Social Security Center. (In addition, the foreigner must register his/her address by going to the nearest population directorate. For such a declaration, he/she has 20 days from the date of entry into the country).
2. How to Apply for a Work Permit while in Turkey?
Applying for a work permit in Turkey is also possible. However, this is only for foreigners who have a residence permit valid for at least 6 months. In other words, work permit application from Turkey is possible, if employers wish to employ foreigners with valid residence permit. To clarify, here is the step by step procedure below.
Steps of work permit Turkey application from Turkey:
- Foreign applicant and the employer sign an employment contract.
- The employer or the authorized e-declaration user creates a workplace record. This record is created with his/her e-signature in the Foreigners’ Work Permit Automation System via e-government. (E-signature can be obtained from institutions authorized by the Turkish Information Technologies Authority).
- Employer enters into the “Make Application” menu, fills in the requested information and documents. After completing this from the “Domestic Application” tab, the employer uploads such information to the system. The employer completes the application by approving it with his/her e-signature. (Foreigner can follow the evaluation process of his/her application from the “Application Tracking Menu”).
- If Ministry positively evaluates the application, Ministry notifies the work permit and valuable paper fee to the foreigner. Afterward, the employer deposits them separately to relevant bank accounts in Turkey.
Delivery of the Work Permit and Final Steps:
- PTT Cargo will send the work permit card issued on behalf of the foreigner to the workplace address. (Foreigner can track the shipment from the PTT Cargo Tracking system. To do so, the foreigner needs a 13-digit barcode number. Adding “268004” in front of the application number forms the barcode number.).
- Within 30 days of a foreigner entering the country, the employer must apply to the Social Security Center. Foreigner’s insurance must be completed from the Social Security Center to which the employer is affiliated. In other words, the employer must submit the employment declaration to the affiliated Social Security Center.
Required Documents:
For the employer:
- Tax certificate
- Trade Registry Gazette
- Workplace balance sheet
- Workplace activity certificate
- Prior authorization certificate (If the foreigner is a health professional, a prior authorization certificate is obtained from the Ministry of Health; if the foreigner is an education professional, a prior authorization certificate is obtained from the Ministry of National Education).
For the Foreigner:
- Employment contract
- Biometric passport photo of the foreigner
- Passport
- Diploma
WHAT TO DO IF THE APPLICATION GETS REJECTED?
If Ministry rejects the work permit application, the applicant has the right to object. The objection must be filed within 30 days of being notified of the decision. This can be done by submitting an online petition with an explanation. Furthermore, if the objection is denied, the applicant has the option to file an administrative lawsuit.
TURKEY’S WORK PERMIT EVALUATION CRITERIA IN GENERAL
In order to obtain a work permit in Turkey, both the employer and the foreign employee must meet certain criteria. Article 13 of the Implementing Regulation of the Law on Work Permits of Foreigners regulates such criteria. To clarify we have listed the criteria in accordance with the Law below
1. Five Turkish Employee Criteria for the Employer
For a foreign employee to obtain a work permit in Turkey, the employer must employ at least 5 Turkish citizens. Certainly, those 5 Turkish employees must be employed in the workplace where a work permit for the foreigner is requested. In other words, there must be at least 5 Turkish employees per foreign employee at the workplace.
If the work permit is for a company partner, you can simply read our article or watch the video here. To clarify, in such a case 5 Turkish citizens must be employed in the last 6 months.
This requirement does not apply to foreigners who will work in the Turkish representative offices of foreign state airlines. Moreover, employee criteria are not applicable to those in the education sector, and in domestic services.
2. Financial Criteria
The employer must also meet certain financial criteria. Specifically, there are three choices among such criteria. The first option is to have a paid-in capital of at least 100,000 Turkish Liras. Likewise, having gross sales of at least 800,000 Turkish Lira is the second choice. Finally, having an export amount of at least $250,000 for the latest year is also among the preferable criteria.
Above mentioned financial requirements don’t apply to work permit applications for foreigners who will work in associations and foundations. In other words, if the foreigner is employed for a “Dernek” or “Vakıf”, financial criteria are not asked for.
Likewise, these don’t apply to foreigners who will work in the Turkish representative offices of foreign state airlines. Moreover, financial criteria are not applicable to those in the education sector, and in domestic services.
3. Capital Share of the Foreigner
If a foreigner is a shareholder at the company that he/she is applying for work permit, there are some conditions. First, a such foreigner must have a capital share of at least 20%. Moreover, the value of his/her share must not be 40,000 TL. This criteria usually apply to foreigners who want to become a manager in their own company in Turkey.
4. Salary Requirements
Employers must set the foreigner’s salary in line with the responsibilities and qualifications of the foreign employee. For instance, employers must consider the minimum wage in effect at the time of the application. Furthermore, the salary of the foreign worker must meet or exceed the following standards:
- For senior managers and pilots, the wage must be at least 6.5 times the minimum wage.
- For unit or branch managers, engineers and architects, the wage must be at least 4 times the minimum wage.
- For teachers and jobs requiring specialized skills or expertise, the wage must be at least 3 times the minimum wage.
- For homecare workers, the wage must be equal to the minimum wage.
- For other jobs, the wage must be at least 1.5 times the minimum wage.
5. Foreigners Whose Applications Will Not Be Subject to Criteria
There are several groups of foreigners that are exempt from the standard work permit evaluation criteria. However, they are still required to obtain a work permit in order to legally work in Turkey. These groups include:
- Foreigners whose mother, father, or child is a Turkish citizen.
- Foreigners who have been in a marriage union with a Turkish citizen for at least three years.
- Foreign citizens of the Turkish Republic of Northern Cyprus.
- Foreigners who have been granted a residence permit within the framework of Turkish and related communities’ practices.
- Foreigners who have been granted a residence permit on humanitarian grounds.
- Foreigners who have been granted a residence permit as victims of human trafficking.
- Foreigners who have been granted a residence permit with stateless status.
PROFESSIONS AND DUTIES RESERVED TO TURKISH CITIZENS BY LAW
We have listed the prohibited professions and duties to foreigners. In other words, these below listed professions are reserved to Turkish citizens by law.
- Dentistry, nursing
- Pharmacy
- Veterinary Medicine
- Responsible manager in private hospitals
- Attorneyship
- Notary Public
- Private security officer
- Export of fish, oysters, mussels, sponges, sponges, pearls, corals, diving, prospecting, piloting, captain, navigator, clerk, crew, etc. within territorial waters
- Customs consultancy
- Tourist Guidance
WHO ARE EXEMPT FROM OBTAINING A WORK PERMIT?
The Implementation Regulation of the Law lists exemptions under Article 48. Accordingly, there are certain cases where foreign individuals may be exempt from obtaining a work permit Turkey. These exemptions apply as long as the foreign individual and employer fulfill their obligations under other laws and regulations. To learn more about eligibility, the exemption periods and the categories, please click here.
To clarify, in some cases employer can’t make another exemption application unless after 6 months from the issuance the of exemption. For other types of exemptions, the waiting period is 12 months.
Ministry grants work permit exemptions for the period requested by the foreign individual. However, this is of course, as long as it does not exceed the time limits set under Article 48. For instance, the work permit exemption is valid for 60 days less than the passport’s validity. Most of all, the exemption will be issued separately for each individual.
HOW TO EXTEND WORK PERMIT APPLICATIONS?
To extend a work permit, applicants must submit their applications to the Ministry of Labor and Social Security. The process is similar to the initial application process. Firstly, applicants must submit an online application, followed by a direct application to the Ministry within 6 working days. Above all, applicants should file extension applications either 2 months before or 15 days after the current permit’s expiration date. Otherwise, the foreigner will no longer be able to request an extension. Consequently, such a foreigner will need to submit a new initial application. It’s important to be aware of the expiration date and to apply in time. It’s also important to consult with a lawyer who has experience in the field. Remember, understanding the work permit and immigration laws and regulations in Turkey is crucial for chances of success.
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