FOREIGN WORK PERMIT IN TURKEY

FOREIGN WORK PERMIT IN TURKEY

In the framework of the Law on Work Permits for Foreigners number 4817 and the law’s application regulation, foreigners can work with an employer dependently,and also work independently on their own behalf.

According to this information, work permits are grouped in three types.

Work permits for a definite period of time

Unless mentioned in the bilateral or multi-lateral agreements to which Turkey is a part, working permission for a definite period of time is given to be valid for at most one year, taking into account the situation in the business market, developments in the labour life, sectorial and economic conjuncture changes regarding employment, according to the duration of residence permit of the foreigner and the duration of the service contract or the work, to work in a certain workplace or enterprise and in a certain job.

The Ministry may extend or reduce the area of validity of the work permit restricted by terms by taking as basis the city, administrative border or geographical area.

If this is applied, the Ministry shall communicate this decision to the relevant authorities to whom the former advises the work permits.

After the legal working duration of one year, duration of the working permit may be extended up to three 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.

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.

Working permission for an indefinite period of time

Unless otherwise foreseen in the bilateral or multilateral contracts, to which Turkey is a party, 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.

The fact that the foreigner has fulfilled the condition of having had a legal und uninterrupted residence for at least eight years, shall be evidenced by the certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for work permit without terms.

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.

The fact that the condition the foreigner has to have legally worked for a total of six years, has been fulfilled shall be evidenced by a certificate to be obtained from the relevant authorities and this certificate shall be presented to the Ministry of Labour and Social Security along with the other documents during the application for work permit without terms.

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.

The work permit without terms shall be used depending on the residence permit unless there is any change in its scope.

In case the police authorities do not extend the periods of residence permits granted based on any work permit without terms, the Ministry shall be informed.

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 the effects on employment, related authorities’ opinions are considered too. The fact that the foreigner has fulfilled the condition, of having had a legal und uninterrupted residence for at least five years , shall be evidenced by the certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for independent work permit.

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.

The residence permit periods of foreigners, who have been given the independent work permit, shall be determined by the Ministry of Internal Affairs in accordance with the regulations related to the foreigners’ residence and voyages in Turkey.

The independent work permit shall be used depending on the residence permit unless there is any change in its scope

In case the police authorities do not extend the periods of residence permits granted based on any independent work permit, the Ministry shall be advised.

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.

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 the effects on employment, related authorities’ opinions are considered too. The fact that the foreigner has fulfilled the condition, of having had a legal und uninterrupted residence for at least five years , shall be evidenced by the certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for independent work permit.

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.

The residence permit periods of foreigners, who have been given the independent work permit, shall be determined by the Ministry of Internal Affairs in accordance with the regulations related to the foreigners’ residence and voyages in Turkey.

The independent work permit shall be used depending on the residence permit unless there is any change in its scope

In case the police authorities do not extend the periods of residence permits granted based on any independent work permit, the Ministry shall be advised.

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.

Exceptional Cases

Unless otherwise foreseen in the bilateral or multilateral contracts, to which Turkey is a party; under the condition of not acting contrary to the national regulations and complying with the regulations on professional services, work permits given to foreigners whose status is mentioned in the following articles, can be independently of the terms mentioned in Law, by taking into consideration the comments of the relevant authorities

The exceptional cases are:
1. 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

2. Foreigners Considered having Settled Down; 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.

The concept foreigner settled down means any person observed by the Ministry of Internal Affairs in this framework in terms of residence permits 3. Children of Foreigners Considered to have Settled Down; 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.

4. Persons who lost the Turkish Citizenship; If foreigners included in the scope of articles 19, 27 and 28 of the Turkish Citizenship Law number 403 apply for work permit, work permits may be exceptionally granted under the condition that they evidence their status during the application with the Ministry.

5. 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.

6. 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.

7. 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.

8. 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.

9. 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.

10. 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.

11. 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.

Applications for permits in these matters shall be made through the Ministry of Foreign Affairs.

How to Get a Work Permit In Turkey

Applications for work permits can be made inside or outside Turkey
Foreigners residing outside Turkey shall apply to the relevant Turkish Consulate of either his/her country of residence or his/her country of citizenship.

Foreigners with a valid residence permit (valid for a minimum of 6 months, except for residence permits for educational purposes) can apply directly to the Ministry of Labor and Social Security.

 

If all documents submitted are accurate and complete, the issuing process will take around 30 days.

Once approved, the applicant is informed by phone or e-mail.

Foreign nationals need an authorized Turkish citizen with a power of attorney to handle their electronic application as the process requires a Turkish national identification number.

Once the work permit has been issued and the work visa application has been approved by the Ministry of Labor and Social Security

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Non-refundable work visa processing fee

Non-refundable work permit processing fee

To obtain a residence permit, work visa and work permit holders must apply to the Alien’s Branch of the Local Police Department (Emniyet Mudurlugu Yabancilar Subesi) within 30 days following their arrival in Turkey.

Foreigners applying for a work permit in Turkey

Foreigners with a valid residence permit that is valid for a minimum of 6 months, except for residence permits for educational purposes, can apply directly to the Ministry of Labor and Social Security.

Caution
For employer or employer representative who employee foreigners without work permit for each foreigner 6.795 TL
For foreigners who work without work permit; 679 TL
For the foreigners who work independently without work permit; 2 717 TL
In case of repetition, administrative fines will be doubled.

Types of Work Permits In Turkey

In the framework of the Law on Work Permits for Foreigners number 4817 and the law’s application regulation, foreigners not only work with an employer dependently, but also work independently on their own behalf.

According to this, work permits are decided in three types.

Work permit for a definite period of time
Work permit for an indefinite period of time
Independent work permit
Exceptions

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 Social Security for Foreign Workers
1)According to Social Insurance Judgments:

According to clause (a) of first subclause of 4th article entitled “Regarded as Insured” , of Law numbered 5510; people who are employed by one or more employer within a labour contract are regarded as insured. Clause (c) of second subclause of same clause is as follows:

“c) The provisions about the people regarded as insured according to clause (a) of first subclause, are implemented for foreigners working within a labour contract, except from citizens of countries of which signed international social security agreement with Turkey based on the reciprocity principal”

And, clause (e) of first subclause of 6th article entitled “Not Regarded as Insured” of Law numbered 5510 is as follows:

“e) While implementing this Law’s provisions about short and long termed insurance branches; the people who are sent to Turkey with a mission by and on behalf of an institution established abroad and can certify subjecting to insurance in their own country; and the self-employed people working on its behalf who are reside abroad and subject to social security legislation of their own country are not regarded as insured according to 4th and 5th articles of this Law”

According to these provisions;
1)Citizens of countries of which signed social security agreement based on the reciprocity principal,
2) The foreigners who are sent to Turkey with a mission by and on behalf of an institution established abroad and can certify subjecting to insurance in their own country won’t be regarded as insured in Turkey according to Law numbered 5510

Countries signed social security agreement with Turkish Republic .

Germany
Albania
Austria
Azerbaijan
Belgium
Bosnia-Herzegovina
Czech Republic
Denmark
Georgia
France
Netherlands
Netherlands
Sweden
Switzerland
KKTC
Canada
Quebec
Libya
Luxembourg
Macedonia
Norway
Romania

Foreigners who come to Turkey except from the countries mentioned above and work with employers with labour contract, will be subject to clause (a) of first subclause of 4th article according to clause (c) of second subclause of 4th article of Law, in other words will be regarded as insured in Turkey. People who are sent to Turkey with a mission by and on behalf of an institution established abroad and can certify subjecting to insurance in their own country won’t be regarded as insured according to Law numbered 5510

In this case, foreigners who are citizens of countries of which didn’t sign social security agreement based on the reciprocity principal and work in a company established in Turkey within a labour contract (within pay roll and administrative level) (in other words are not sent to Turkey within a temporary duty by the company abroad) will be subjected to second part of Law numbered 5510, entitled “social insurance provisions”

Temporary being abroad of insured person because of work

The employers’ and the employees’ rights and obligations about social security continue during working in case of:
a) The insured people mentioned in clause (a) of first subclause of 4th article sent to abroad by their employers within temporary duty,
b) People mentioned in clause (c) sent to abroad by their employers according to procedures mentioned in their legislation
c) Essential working for insurance of the people mentioned in article (b)

2) According to General Health Insurance Provisions:

Social Insurances and General Health Insurance Law numbered 5510 is separated into three different parts. These are ; “Social Insurance Provisions”, “General Health Insurance Provisions” and “Provisions about Premiums”.

The subject is examined within the framework of “The subject is examined within the framework of ” above. According to “general health insurance provisions” it is necessary to consider the clause (d) of first subclause of 60th article of Law numbered 5510.

The mentioned provision is; “d) d) Foreigners who aren’t insured according to a foreign legislation and got residence permit on condition that taking into consideration the reciprocity principal, are regarded as general health insured.”

In this condition, people having residence permit in Turkey and aren’t insured in an abroad country are considered within the framework of “general health insurance provisions” under the Law of 5510.

They must reside in Turkey for at least 1 year to be right holder. After one year, it is begun to cut General Health Insurance Premium. Furthermore, it is necessary to take a Citizenship Number.

3) According to Labour Law:
The foreigners employed in Turkey have the same rights with Turkish citizens in all matters arranged in Law of Labour numbered 4857, like working hours, overtime, paid and unpaid holidays, severance pay and notification time, bargaining right, conclusion and annulment of service contract.

4) According to unemployment insurance:
According to 46th Article of Law numbered 4447, citizens of countries of which signed social security agreement with Turkey based on the reciprocity principal, are subject to unemployment insurance within the framework of these agreements.

Turkey signed 22 agreements in social security field. The countries are;
1. Germany 2.Albania 3. Austria 4.Azerbaijan 5. Belgium 6.Bosnia-Herzegovina 7.Czech Republic 8.Denmark 9.Georgia 10.France 11.Netherlands 12.England 13.Sweden 14.Switzerland 15. KKTC 16.Canada 17.Quebec 18.Libya 19.Luxembourg 20.Macedonia 21.Norway 22.Romania

5)TYPES OF DOCUMENTS FOR INSURED WORKING AS TO LABOUR CONTRACT WITHIN ARTICLE (A) OF FIRST SUBCLAUSE OF 4th CLAUSE OF LAW NUMBERED 5510
DOCUMENT NUMBER 1: EMPLOYERS WORKING WITH LABOUR CONTRACT WITHIN ALL INSURANCE BRANCHES

work_permits__Social_Security_for_Foreign_Workers_In_Turkey

The insurance of foreign employer, independent worker and companies’ stockholders according to the Law numbered 5510

Self employed persons who are out of scope of Social Security Institutions established on the basis of Law and the authorization given by Laws, regarded as insured in accordance with (b) clause of the first paragraph of the fourth article of the Law numbered 5510.

People who are within the scope of article 4/b.
1) People who are out of scope of the social security institutions established in accordance with Law and the authorization given by Law and self employed people without a connection between any employer with a labour contract,
2) Among merchants and craftsmen and other independent workers, people who are obligant with income tax in real or simple procedures because of their commercial earnings or income from liberal professions and among people who are exempted from income tax and regularly registered to the vocational institutions established according to Law and registry of tradesman and craftsman.
3) Stockholders of unlimited companies
4) Acting and dormant partners of commandite companies
5) Stockholders of limited companies
6) Acting partners of commandite partnership divided into shares
7) Stockholders of association of shipowners.
8) Cofounders of joint stock corporation companies and stockholders who are members of the board.
9) Cofounders of joint stock corporation companies and stockholders who are members of the board.
10) In case, people who are elected to the mayoralty while continuing their working related to the 24th article of the Law entitled “Regarded as Insured”, continue their activities after being elected; because they aren’t associated with Government Retirement Fund, they will be

regarded as insured within the scope of 4/b.

It is mentioned in 6th article of the Law numbered 5510 that “While implementing this Law’s provisions about short and long termed insurance branches; the people who are sent to Turkey with a mission by and on behalf of an institution established abroad and can certify subjecting to insurance in their own country; and the self-employed people working on its behalf who are reside abroad and subject to social security legislation of their own country are not regarded as insured according to 4th and 5th articles of this Law.”

Among self employed people in Turkey who reside abroad and are subject to social security legislation of this country won’t be regarded as insured according to the Social Insurance and General Health Insurance Law numbered 5510

1)People who have independent workings in Turkey, however, before these workings they paid premiums to social security institutions in country of citizenship and continued to pay, were retired from these institutions, in case of submitting service list indicating premiums paid to social security institutions and continuing payments or pensions (translated by certified translation agencies or local consular) or a document showing salary together with the work permit to the provincial directorates, they aren’t regarded obligatory insured within the scope of clause (b) of 4th article (Bağkur) of the Law numbered 5510

2) Among people who don’t have a work subjected to social security in country of citizenship, aren’t retired from this institutions or don’t have social security institutions in their countries, people having independent workings are regarded as obligatory insured within the scope of (b) clause (Bağkur) of the 4th article of Law numbered 5510.

3)For persons who have independent workings in Turkey and don’t have documents for proving their cases, without extra research, records and registrations will be done

Countries signed social security agreement with Turkish Republic

England
Sweden
Witzerland
KKTC
Canada  Quebec
Libya
Luxembourg
Macedonia
Norway
Romania
Germany
Albania
Austria
Azerbaijan
Belgium
Bosnia-Herzegovina
Czech Republic
Denmark
Georgia
France
Nederland

Foreign Work Permits - Yabancı Çalışma İzni