The basis related to the working permit which will be given to the foreigners and permission processes of working of foreigners in Turkey has been regulated Code related to work permission of foreigners numbered 4817 and regulations displaying the application of this code
Some types of work permits have been determined taking into account the current situations of foreigners who want to obtain work permit in Turkey.
A-Types of work permit:
a-Work permit for a definite period of time:
At the preliminary stage, working permission for a definite period of time is given to be valid for one year. The criterias taking into consideration while giving working permission for definite period of time are generally the duration of residence, labour agreement, economic changes at employment or the duration of service.
After one year working duration; the working permission duration can be extended at most for more “two years” on condition of working in the same workplace or enterprise and in the same job.
At the end of the three years legal working period, the terms of the work permit may be extended for a maximum of further three years to work in the same profession and with any employer of his/her discretion. (Article 27 of Application Regulation)
Work permit restricted by terms by also be granted to the spouse of any foreigner, having come to Turkey to work, as well as the children under the foreigner’s care, under the condition that they have legally resided with the foreigner without interruption for at least five years. (Article 28 of Application Regulation)
b- Work permit for a indefinite period of time:
Foreigners having been residing in Turkey legally and uninterruptedly for at least eight years or having undergone a total working period of six years in Turkey, may be granted a work permit without terms without taking into consideration the status of the industrial market and the developments in business life and in case of approval of the relevant authorities; without being restricted with any certain operation, profession, civil or geographical area. (Article 31 of Application Regulation)
While evaluating whether the condition has been fulfilled that the foreigner has legally and uninterruptedly resided for at least eight years; periods passed during education are not taken into consideration. However, the educational periods of the foreigner’s spouse and children, who have come to Turkey together with the foreigner, have resided together with the foreigner and having undergone education at the same time, are considered as residence terms. (Article 33 of Application Regulation)
The residence permit periods of foreigners, who have been given the work permit without terms, shall be determined by the Ministry of Internal Affairs in accordance with the regulations related to the foreigners’ residence and voyages in Turkey. (Article 35 of Application Regulation)
c- Independent work permit :
Independent work permit may be given by the Ministry to the foreigners, who will work independently, on conditions that they have resided in Turkey legally and uninterruptedly for at least five years and their working shall have a positive effect on employment and economic development While evaluating whether the condition has been fulfilled that the foreigner has legally and uninterruptedly resided for at least five years; periods passed during education are not taken into consideration. On the other hand, the educational periods of the foreigner’s spouse and children, who have come to Turkey together with the foreigner, have resided together with the foreigner and having undergone education at the same time, are considered as residence terms. (Article 38 of Application Regulation)
Any foreigner considered appropriate to be granted an independent work permit, shall be delivered a “Certificate of Application for Independent Work Permit” related to the latter’s permission to work independently. The certificate of application for independent work permit is valid for a period of three months from the date it has been issued.
The foreigner may be granted the independent work permit, after having established his/her worksite, in case the latter submits his/her trade register record to the Ministry. (Article 40,41,42 of Application Regulation)
d- Exceptional Cases:
a.a.Foreigners married to Turkish Citizens; Foreigners married to a Turkish citizen and living in Turkey with their spouse in the marital union, and who stay in Turkey legally without being subject to any condition of time for residence, may apply directly to the Ministry for exceptional work permit. If the marriage is terminated before marriage period’s having completed three years or in case it is determined that the marriage has not been realized for establishing the marital union (if the marriage is matter of form), the work permit becomes invalid
b.b.Foreigners Considered having Settled Down and children of them; working permits of foreigners who have settled down in Turkey, along with the fact that their marital union with a Turkish citizen has ended after a period of at least three years, may be exceptionally granted under the condition that they stay in Turkey legally. Work permits of children from the Turkish spouse of foreigners who have settled down in Turkey, along with the fact that their marital union with a Turkish citizen has ended after a period of at least three years, may also be exceptionally granted under the condition that they stay in Turkey legally.
c.c. Foreigners having come to Turkey and completed their studies prior to completing their Age of Maturity; In case foreigners, who have been born in Turkey or who have come to Turkey before completing their age of maturity according to their own national law, if without nationality, then according to the Turkish regulations, and who have graduated in Turkey from any training college, academy or university, apply for work permit, their work permits may be exceptionally granted under the condition that they evidence their status during their application to the Ministry.
d.d. Foreigners in the Framework of the Settling Law number 2510; If foreigners, who are considered emigrant, refugee or nomad according to the Settling Law number 2510, apply for work permits, their work permits may be exceptionally granted under the condition that they evidence their status during their application to the Ministry.
e.e. Citizens of European Union Countries as well as their Spouse and Children; If citizens of the European Union countries as well as their spouse and children not being citizens of the European Union countries, apply for work permits, they may be exceptionally granted their work permits.
f.f. Foreigners Commissioned with the Representations of Embassies, Consulates and International Institutions in Turkey as well as their Spouse and Children; The work permits of those employed in the service of diplomats, administrative and technical personnel commissioned with representations of international institutions, embassies as well as consulates of foreign countries in Turkey, and of spouses and children of diplomats and administrative and technical personnel commissioned with embassies, consulates and international institutions in Turkey, under the condition of being in the framework of reciprocity and being restricted with the period of the assignment, may be granted exceptionally in accordance with the points of view of the said Ministry.
g.g. Foreigners Coming on a Short-Term Basis for Scientific, Cultural and Sportive Purposes; If foreigners, who shall come to Turkey for a period exceeding one month for the purpose of scientific and cultural activities and for a period exceeding four months for sportive purposes, apply for work permits, their work permits may be exceptionally granted for the period they shall stay in Turkey.
h.h. Foreigners featuring the Status of Key Personnel; If foreigners featuring the status of key personnel, who are supposed to be employed in the acquisition of goods and services, the performance of a task or the operation of a plant, besides, in construction and all kind of building works, by means of contracts or tenders by legally authorized ministries as well as public institutions and establishments, apply for work permits, the work permits for the period stated in the contract or tender may be exceptionally granted.
ı.ı. Work Permits of Foreign Instructors at Schools active in the framework of Embassies or Consulates in Turkey, Foreigners Commissioned with Cultural Institutions as well as Foreigners to be Commissioned with Religious Institutions; The foreign instructors at schools active in the framework of the embassies or consulates in Turkey, the officials of foreign countries’ cultural institutions in Turkey, religious officials to be commissioned with religious institutions, shall be granted the residence permits to work by the Ministry of Internal Affairs.
B-The application ways for obtaining working permit:
Applications for obtaining working permit in Turkey can be made abroad or in Turkey.
a-Application made in Turkey
The foreigners having residence permission which is valid at least for 6 months(Excluding students) or their employers can make applications for working permission or time extension directly to the Ministry of Labour and Social Security. Foreigners’ applications for working permission should be made at electronic media (www.csgb.gov.tr) and by signing to the enclosed paper at the regulation with other documents individually or by post to the Ministry
The employer should make on-line application for work permit entering the e-state using the link www.turkiye.gov.tr within the duration of residence permission.The employer and foreigner will sign the print-out taken after the completion of online application. (In case of impossibility of being signed to the foreigner, the labour agreement consisting of signatures of both parties will be sufficient.)The other required documents for application and application form should be submitted to the Ministry within 6 working days as per online application. In case of exceeding of mentioned duration, all proceedings should be repeated in accordance with legal procedure.
Foreigners obtained working permit have to apply to Inferior Ministry(Province Police Department) for obtaining residence permit at the latest within 30 days as per getting of working permit.
b-The application made by out of Turkey
The foreigner/foreigners who does not have a residence permission more than six months shall make their working permission applications to the Republic of Turkey representations in the conuntry of their nationality or where they reside in. It shall be advised to the foreigner/foreigners to have the labor contract, invitation letter or -in case that he is a partner of the company- the Commercial Registry Gazzette with him during the application period.
The representations forward these applications directly to the Ministry of Labor and Social Security.
In ten workdays following the application of the foreigner/foreigners, the employer in Turkey should make an application for work permit entering the e-state using the link www.turkiye.gov.tr. The fulfilled and printed application form should be signed by the representative of the company and the foreigner/ foreigners.
The application form and the other required documents should be submitted before the Ministry of Labor and Social Security in ten workdays following the application of the foreigner.
Foreigners obtaining working permission within at least 90 days as per obtaining this certificate should apply to the representative office of Republic of Turkey where pre-application has been made and apply for working visium,apply to the Ministry of Interior for obtaining residence permission within at least thirty days as per date of entry to Turkey.Otherwise working permission will not be valid.
During the evaluation of application by the ministry, related public institutions and public institutions which are professional organisations regarding vocational sufficient and opinions of giving working permit should submit within 15 days. However the related institutions can take additional time which will not exceed 15 days.In fact the opinions were not submitted on time to the ministry accept as positive. (Article 10 of regulation)
C- Working permits and procedure of foreigners working at foreign direct investments
A different procedure is foreseen for working permission given to the foreigners who are employed at the company, branch and liason offices displaying activities within the frame of Foreign Direct Investment Law
The rules regarding this have been regulated at “Regulation related to employment of foreigner employees at the foreign direct investments”
This regulation are implemented to the foreign key personnal who will be employed at the liason offices and featured foreign direct investments. The opinion regarding vocational sufficient of the related authorities will not be demanded for foreign key personnel who will be employed out of vocational education field at featured foreign direct investments and vocational sufficient demand and sufficiency procedures,demand for license and procedures stated at application regulation will not be applied for them (Article 14 of regulation) Furthermore the restriction provision related to the compulsory of not finding a person doing job which is same with job of foreigner within 4 weeks will not be applied for key personnel
In accordance with general rule, key personnel obtained working permission should apply to the foreign representatives of Turkey for working visium within at least 90 days as per obtaining wroking permission and should apply to the Ministry of Interior within at least 30 days as per entry to Turkey for obtaining residence permission. Excluding residence permissions given for purpose of education in Turkey, the condition of getting working visium from the foreign representatives of Turkey will not be applied for key personnel obtaining residence permission at least for 6 months and obtaining working permission for same duration further to any reason.
Doğrudan Yabancı Yatırımlar Kanunu çerçevesinde çalışma izni başvurusunun değerlendirme kriterlerini şöyle özetleyebiliriz.
We can brief the evaluation criterias of working permission application within Direct Foreign Investment Code as follows;
These criterias have been determined in accordance with article 13 of application regulation of working permission of foreigners law number 4817.
a- The employment of at least 5 Turkish citizens at the workplace where the working permission has been demanded is compulsory. In case the foreigner demanding for permission is partner of company, the condition of 5 persons employment will be valid for at the second 6 month of one year permission period will be given by Ministry. If working permission is demanded for more than one foreigner at the same workplace, 5 Turkish citizen employment condition will be seperately valid for each foreigner, after first foreigner obtaining working permission.
b- The paid capital of workplace should be at least 100.000 TL or gross sales are at least 800.000 TLor the amount of export at last year should be at least 250.000 USA Dollars
c- Paragraph b which is mentioned above will not be applied for the permission demands related to the foreigners who will work at foundations, Paragraphes a and b will not be implemented for the foreigners’ working permission applications who are working at representatives of foreign state airlines in Turkey, education sector and house services
d- In case the foreigner demanding for permission is partner of company it is compulsory that he/she has got at least 20% share amounted to at least 40.000 TL.
e- It is compulsory that the amount of salary declared that will be paid to the foreigner by employer is at the level that complies with the duty and authority of foreigner. According to this, the wage calculated by taking into consideration of the minimum wage amount which is in force at the application date will be paid to foreigner should be
1.6,5 times of minimum wage for senior executives, pilots and engineers and architects who have demanded for pre-permission application
2- 4 times of minimum wage for department or branch managers and engineers and architects
3- 3 times of minimum wage for persons will do jobs required for specialism and mastership, teachers, psychologists, fizyoterapist, masseur, masseuse, musician,artist,acrobat and foreigners will be worked under the similar names,
4- 1,5 times of minimum wage for foreigner will be worked for the house keeping services and other occupations (Such as sales person, persons responsible for marketing-export)
5- The demands of tourism enterprises having at least 4 stars and proving that they have licensed massage salon by certification given by the Ministry of Culture and Tourism and licensed holiday village and demands required specialisation and mastership such as masseur,masseuse and SPA therapist will be evaluated,the demands of enterprises and work places which are not in this frame will not be evaluated
6-In case at least 10 Turkish citizens are employed, quota of 5 Turkish citizens per foreigner will not be applied for foreigners shall be employed at jobs required specialisation and mastership of entertainment sector and tourism-animation sector firms.
7- Criterias at paragraph a and b above mentioned will not be applied for evaluation of working permission demands of foreigners shall be worked at buying of goods and service arising out of bidding or agreements signed by public institutions or in case there is bilateral or multi-lateral agreements to which Turkey is a party.
8- In case absent of Turkish specialist for Job required for advanced technology or with same qualification, upon the consent of head office, the criterias of paragraphes a ve b will not be applied
9- The criteria determined with paragraph a will be applied by taking into consideration of numbers of Turkish citizens who are working at all workplaces of enterprise nation wide for foreigners excluding key personnel will be employed at the enterprises having conditions of the featured foreign direct investments.
D.The occupations and activities that are prohibited to carry out the foreigners in Turkey
1. Profession of doctor,nurse,dentist,midwife,nursing. (In accordance with the law on the practice of medicine)
2.Pharmacy (in accordance with the Law on Pharmacies and Pharmacists)
3. Veterinary Medicine (Veterinary Medical Association and Chamber formed in accordance with the Law on the style, and will see jobs)
4. Director responsible for private hospitals (in a private hospital in accordance with the Law)
5. Advocacy (Advocacy Law)
6. Notary (Notary Law)
7. Security guard at a private or public institutions (some institutions and organizations in accordance with the Law on the Protection and Security Provision)
8. Private employment agencies to apply to natural persons and legal entities to open the handle, a Turkish citizen should be empowered to represent the people. (Turkey Business Council in accordance with Article 17 of Law)
9. Black fish, oysters, mussels, sponges, pearls, coral export, diving, arayıcılık, guides, captain, engineer, secretary, etc. before the mast. (Cabotage Law)
10.Customs consultants (in accordance with article 227 of the Customs Act 4458)