Turkish Work Permit Law

The purpose of Turkish Work Permit Law is to regulate the determination, application and monitoring of the policies related to employment of international workforce as well as the procedures and principles and the responsibilities and authority related to processes and transactions to be followed on work permits and work permit exemptions granted to foreigners and to regulate the rights and obligations in the field of employment of international workforce.

The provisions of Turkish Work Permit Law apply to foreigners who applied to work or actively working in Turkey; foreigners applied to receive or already receiving vocational training with an employer; cross-border service providers staying in the country for the purpose of providing temporal service; and real persons and legal entities applied to employ or employing foreigners in Turkey.

(2) The procedures and principles regarding foreigners who are exempt from work permit will be conducted in accordance with the provisions of Turkish Work Permit Law.

(3) Turkish Work Permit Law shall be implemented without prejudice to provisions of international bilateral or multilateral agreements to which Turkey is party

Independent work permit in Turkey: Work permit that qualifies foreigner to work independently on his/her own behalf and account in Turkey,

Work Permit in Turkey: Official document of permission issued by Ministry that qualifies foreigner to work and reside in Turkey within its period of validity,

Work permit exemption in Turkey: Official document for exemption issued by Ministry that qualifies foreigner to work and reside in Turkey within its period of validity without obtaining a work permit.

Legal work permit period in Turkey: The duration in which foreigner works with a work permit by fulfilling his/her obligations.

Cross-border service provider in Turkey: The foreigner, who stays in Turkey temporarily for the purpose of providing temporal service and paid by a source in Turkey or foreign country,

Permanent Work Permit in Turkey: The work permit that enables foreigner to work in Turkey for an unlimited period of time.

Turquoise Card in Turkey: Document that grants foreigner the right of work permanently in Turkey, and the right of residence to his/her spouse and children who are dependent in line with governing legislation.

Long-term residence permit in Turkey: The residence permit granted in accordance with Article 42 of Law on Foreigners and International Protection, No. 6458, dated 4th April 2013,

(1) Work permit shall be granted by Ministry on the basis of principles concerning international workforce policy determined pursuant to Article 4.

(2) Foreigners who are within the scope of Turkish Work Permit Law are forbidden to work or be employed without obtaining work permit.

(3) Foreigners who are specified as exempt from work permit in other laws and international bilateral and multilateral agreements and conventions to which Turkey is party may work or be employed without obtaining work permit pursuant to Turkish Work Permit Law.

(4) Working rights of persons within the scope of Article 28 of Turkish Citizenship Law No. 5901 of 29 May 2009 are reserved.

(1) Work permit applications in Turkey shall be made directly to the Ministry, and the applications abroad shall be made to the embassies or consulate generals of the Republic of Turkey in the foreigner's country of citizenship or legal stay. These applications shall be transferred to Ministry by embassies and consulate generals.

(2) Work permit applications in Turkey can also be made by authorized intermediary.

(3) Applications for extension of work permit should be made within sixty days prior to the expiration of work permit, and in any case before the expiration of work permit. Applications for extension made after the date of expiration shall be rejected.

(4) Work permit application shall be assessed on the basis of international workforce policies.

(5) If it is deemed necessary by Ministry, opinions of relevant agencies and institutions, and professional organizations with public institution status shall be taken into consideration.

(6) Ministry, in line with the International Workforce Policies Advisory Board's decisions, determines the criteria to be implemented on assessment of work permit and point scoring system.

(7) In case of missing information and documents, assessment of application shall be postponed until such information and documents are submitted. The postponement period can not exceed the thirty days, except the force majeure that caused the delay documented by an official authority. Applications that are not completed during the postponement period shall be rejected.

(8) Duly made application shall be assessed within thirty days on condition that information and documents are complete.

(1) Obtaining preliminary work permission in Turkey is compulsory on the assessment of work permit applications of foreigners seeking to work in healthcare and educational services that require professional competence.

(2) Preliminary permission for professionals of healthcare services shall be granted by Ministry of Health, and for professionals of educational services shall be granted by Ministry of National Education. Occupations that preliminary permission is required shall be determined by the Ministry upon taking the opinions of these Ministries.

(3) On the assessment of foreigners' work permit applications that are granted preliminary permission, the first paragraph, subparagraph (d) of Article 9 of this Law is not applicable.

(4) Work permits of foreign national faculty members who are to work within the scope of Higher Education Law No. 2547 of 4 November 1982, Article 34, shall be granted by Ministry relying on the preliminary permission of Higher Education Council. On the work permit assessment of above said faculty members, fourth, fifth and sixth paragraph of Article 7, and the first paragraph of Article 9 without prejudice to subparagraph (f ), (g) and (ğ) are not applicable. (5) Work permit extension applications are subject to preliminary permission of relevant ministry or Higher Education Council.

(6) Work permit applications lodged by foreign nationals who wish to work as R&D personnel in the companies that own R&D Center Certificate in the scope of Law on Supporting Research and Development Services, No. 5746, dated February 28 2008, may be accepted upon favorable opinion of Ministry of Science, Industry And Technology.

(1) Applications that shall be rejected as a result of assessments carried out in accordance with Article 7 of Turkish Work Permit Law are as follows; Where the application;

a) does not comply with the international workforce policy,

b) contains false or misleading information and documents,

c) relates to foreigners, whose reason for being employed is found insufficient,

ç) made for occupations and professions confined exclusively to Turkish citizens in other laws,

d) relates to foreigners who are found to be lacking in the required qualification and expertise,

e) fails to satisfy the criteria determined by the Ministry,

f) relates to foreigners notified by the Ministry of Interior as being in the scope of Law No. 6458, Article 7, 15 and 54,

g) lodged by foreigners whose working in Turkey is objectionable for public order, public security or public health reasons,

ğ) made for the citizens of a country that is not recognized officially by Republic of Turkey or has no diplomatic relations,

h) not made or completed within the legal period of time.

(1) In case of favorable assessment of application, foreigners will be granted upmost one year work permit on their first application provided that permit's duration is not exceeding their employment or service contract periods, and that they are employed for a certain job in a certain workplace owned by real person or legal entity, or public institution and public enterprise, or in the workplaces belong to these employers in the same sector.

(2) Upon foreigner's favorably assessed application for extension, lodged in line with Article 7 of this Law, foreigner serving under same employer will be given upmost two years extension on the first application and maximum three years for the ensuing applications. However, applications lodged for employment under different employer shall be assessed as per first paragraph of this Article.

(3) Foreigners holding long-term residence permits or minimum eight years of legal work permit may apply for permanent work permit. However, having the requirements for application shall not confer an absolute right for foreigners.

(4) Foreigners holding permanent work permit shall benefit from the same rights long term residence permit provide. Holders of permanent work permit, without prejudice to acquired rights with respect to social security, and provided that they are subject to conditions set forth in applicable legislation in the enjoyment of these rights, shall benefit from the same rights as accorded to Turkish citizens with the exception of the provisions in laws regulating specific areas. Those foreigners have no right to elect and be elected or to enter into public service. And they have no obligation of compulsory military service.

(5) Following partners and associates of companies that are established under the Turkish Commercial Code No. 6102 of 13 January 2011 may work by obtaining a work permit;

a) Managing partner of limited liability companies, b) Associates of joint - stock companies who are also member to board of directors, d) Acting (commandite) partners of commandite companies with a capital divided into shares.

(6) Foreign members of profession might be granted independent work permit provided that they satisfy the special terms set forth in other laws.

(7) In the assessment of independent work permit application with respect to international workforce policy foreigners'; educational level, professional experience, contribution to science and technology, effect in-country activities or investments on Turkey's economy and employment, and in case of being foreign company partner the share of capital and other issues determined by Ministry in line with the suggestions of International Workforce Policy Advisory Board shall be taken into consideration.

(8) Independent working permit shall be arranged for defined period of time without being subject to period restrictions in this article