What is Work Permit in Turkey?

WORK PERMIT FOR FOREIGNERS

According to Article 48 of the Turkish Constitution, everyone has the right and freedom to work in any field they wish. However, this fundamental right and freedom can be limited by law in accordance with international law when it comes to foreigners.

The authority to grant work permits to foreigners has been transferred to the Ministry of Labor and Social Security with the new regulation. The duties of the Directorate of Work Permits for Foreigners generally include evaluating applications from foreigners, issuing work permit documents, and consulting with the relevant authorities on these matters.

WORK VISA

As a rule, a visa is a permit obtained from the competent authorities to enter or leave a country. The purpose section of the visa indicates the reason for obtaining the visa, such as education, treatment, visit, work, tourism, etc.

The work visa process begins with the foreigner applying to the Turkish Consulate in the country where they reside for work purposes. In this process, relevant institutions are informed and consulted simultaneously under the leadership of the Minister of Foreign Affairs to decide on the issuance of the work visa. The Directorate General of Security conducts an examination regarding the foreigner’s residence in Turkey. The data obtained from this examination is forwarded to the Ministry of Labor and Social Security, and the work permit application is finalized positively or negatively. It should be noted that if no negative feedback is given within 15 days during these online consultations, it means that the work visa application has been positively concluded.

FOREIGNERS EXEMPT FROM OBTAINING A WORK VISA

Some foreigners are exempt from obtaining a work visa. These include:

1. Foreigners who have obtained a residence permit for at least 6 months and have been granted a work permit during this period (excluding those who come for educational purposes).

2. Foreigners whose work permit period has been extended.

WORK PERMIT

As a rule, foreigners are required to obtain a permit before starting to work dependently or independently in Turkey. In cases arising from the necessity of national interest or due to force majeure, the work permit can also be granted after starting work, provided that the relevant authority is informed before starting work, the work period does not exceed one month, and the approval of the Ministry of Labor and Social Security is obtained. Work permit applications are made to Turkish representations abroad and to the Ministry of Labor and Social Security domestically. For applications to the Ministry, the electronically prepared document must be signed and submitted to the Ministry.

The types of work permits issued by the Ministry vary. These include:

1. Temporary work permit

2. Permanent work permit

3. Independent work permit

4. Exceptional work permit

WHAT IS A TEMPORARY WORK PERMIT?

A temporary work permit is a work permit granted to a foreigner for a certain period by the Ministry. This type of work permit is generally issued for a maximum of 1 year. Additionally, the scope of the work permit is determined. The validity area of this permit can be narrowed or expanded by the Ministry. A foreigner whose permit period has expired can extend the work permit for up to 2 more years to work at the same workplace, business, and profession. Thus, a foreigner can work for 3 years under a temporary work permit. After 3 years, the foreigner can extend the permit for another 3 years to work with any employer, provided they continue in the same profession.

The foreigner’s spouse and dependent children who come with them under a temporary work permit can also be granted a temporary work permit, provided they have resided for 5 years.

PERMANENT WORK PERMIT

This is a permit granted without a time limit. However, to qualify for a permanent work permit, certain conditions must be met. A foreigner who has legally and continuously resided for at least 8 years and has fulfilled the conditions of legal work for a total of 6 years can benefit from a permanent work permit. This permit is granted without being restricted to a specific business, profession, or geographic area.

INDEPENDENT WORK PERMIT

An independent work permit can be granted to foreigners who have legally and continuously resided in Turkey for at least 5 years, whose work creates added value in terms of economic development, and positively impacts employment. Foreigners who receive an independent work permit application document can use this document for 3 months from the date it is issued.

EXCEPTIONAL WORK PERMIT

In some cases, a work permit can be granted without adhering to the periods specified in the law. The cases for benefiting from an exceptional work permit are:

1. Foreigners married to a Turkish citizen

If a foreigner married to a Turkish citizen applies for a work permit, residence periods are not considered. The foreigner must have been married for at least 3 years. The marriage must be genuine and not fraudulent; otherwise, the permit can be canceled.

2. Foreigners and their children considered settled

Foreigners who have been married to a Turkish citizen for 3 years and then the marriage ends can have their permits granted exceptionally if they settle here, including the foreign ex-spouse and children from the Turkish citizen spouse.

3. Foreigners who have lost Turkish citizenship

Foreigners who have lost Turkish citizenship by exercising the right to choose can be exceptionally granted a work permit.

• Foreigners with refugee and asylum seeker status
• Citizens of European Union member countries and their spouses and children
• Foreigners coming for short-term scientific, cultural, and sports purposes
• Foreigners with the status of key personnel

HOW TO APPLY FOR A WORK PERMIT?

As mentioned above, the application for a work permit varies depending on whether it is made from abroad or domestically. However, work permit applications are made electronically to the Ministry of Labor and Social Security regardless of where they are made. The competent authorities then review these permits and accept the request if deemed appropriate. While applications are generally made from abroad, foreigners in Turkey can apply domestically. Foreigners abroad can apply to the Turkish Republic representations in the state where they are located. Applications must be made only to the consulates in this context. The relevant foreign representation will forward this application to the Ministry. The Ministry has the right to seek opinions from the relevant authority. If the application is deemed appropriate, the Ministry will issue a work permit. Afterward, the foreigner must apply for a residence permit after entering Turkey with the work visa.

WORK PERMIT FEE

The legislator has subjected the processes of granting and extending work permits to foreigners to a fee. The authority determining the amount of the fee is the Ministry of Foreign Affairs. Foreigners applying from abroad must pay the fee to the foreign representation where they applied.

REJECTION OF WORK PERMIT REQUEST

In some cases, specified in Law No. 4817, it is stipulated that the application will be rejected. These cases are:

• The labor market situation, developments in working life, and sectoral and economic conjuncture changes related to employment do not permit the issuance of a work permit.
• If another person with the same qualifications who can perform the job applied for by the foreigner is available in Turkey within 4 weeks.
• The foreigner does not have a valid residence permit.
• If the foreigner whose application was rejected applies again for the same workplace, business, or profession within one year.
• The foreigner’s employment in Turkey poses a threat to national security, public order, general morality, and health.

APPEAL AGAINST REJECTION OF WORK PERMIT REQUEST

The rejection decision is notified to the foreigner concerned or their employer if any. Interested parties can appeal the decision within 30 days from the notification date. If the appeal is rejected by the Ministry, the judicial route is opened. Interested parties can file a lawsuit in the administrative court within 30 days from the notification of the appeal rejection.

 
For more help or consultation on this topic, please contact us.