Work Permit Requirements and Types in Turkey

Obtaining a work permit in Turkey is an essential step for foreigners who wish to work and reside legally in the country. Not only does it provide the opportunity for legal employment, but it also grants access to social security benefits and ensures compliance with the regulations set forth by the Ministry of Labour and Social Security. In this article, we will delve into the intricacies of work permits in Turkey, providing valuable information for foreigners seeking to navigate the process effectively.

Key Points Of The Article

• Application for Extension:
  • Work permit extension applications must be submitted within 60 days before the permit expires.
  • Extensions can be granted for up to two years on the first application and a maximum of three years for subsequent applications, provided they are under the same employer.
• Prohibited Professions for Foreigners:
  • Certain professions, including attorneyship, notary public, dentist, and others, are explicitly prohibited for foreigners as per Turkish laws.
  • Prohibitions aim to reserve specific occupations for Turkish citizens.
• Application from Abroad:
  • Foreigners can apply for work permits from Turkish embassies or consulates in their home country.
  • Applications are processed through the E-Permit System using a unique reference number, and no additional documentation is sent to the Ministry for approved applications.
• Health Sector Restrictions:
  • While certain health professions were previously prohibited, recent regulations allow doctors and nurses to work in Turkey with a preliminary permit from the Ministry of Health and a work permit from the Ministry of Labour and Social Security.
  • Dentists, however, remain in the list of prohibited health professions for foreigners.
• Strict Application Deadlines:
  • Strict deadlines apply to various stages of the work permit application process, including initial applications, extensions, and objections.
  • Failure to adhere to deadlines may result in rejection or revocation of the work permit.

What Is A Work Permit In Turkey?

A work permit in Turkey is an official document that grants permission for foreigners to work in the country. It is a vital requirement for individuals seeking employment opportunities and ensures their legal status as employees. The issuance of work permits falls under the purview of the Ministry of Labor and Social Security, which oversees the regulations and policies governing work permits in.

Types Of Work Permit In Turkey

There are several types of work permit which is regulated under Article 10 of the International Workforce Law No. 6735 according to their duration. These are temporary, permanent and independent work permits. There is some basic information about them below.

1. Temporary Work Permit

A temporary work permit is a document issued by a government to allow a foreign national to legally work in a specific country for a limited period. It is typically granted to individuals who have a job offer from an employer in the host country and meet certain eligibility criteria. Temporary work permits are often subject to various conditions, including the specific job or employer the individual is permitted to work for and the duration of their employment.

The issuance of temporary work permits aims to address temporary labour shortages, facilitate business needs, and promote international cooperation. It is essential for both the employer and the employee to adhere to the terms and conditions specified in the work permit to ensure compliance with the host country’s immigration laws and regulations.

Each country has its own set of rules and processes for obtaining a temporary work permit, so it’s essential for individuals seeking to work in another country temporarily to research and follow the specific requirements of the country they intend to work in. Additionally, temporary work permits usually have expiration dates, and if the individual wishes to continue working beyond that period, they may need to apply for an extension or a different type of work permit, such as a permanent residence permit or a long-term work visa.

According to Article 10/1 of International Workforce Law No. 6735

Intended foreign workers will be granted the utmost one-year work permit on their first application provided that the permit’s duration does not exceeding their employment or service contract periods and that they are employed for a certain job in a certain workplace owned by a real person or legal entity, or public institution and public enterprise, or in the workplaces belong to these employers in the same sector.

Is it possible to extend the work permit duration?

It is possible to extend the work permit for two years upon the first application and up to a maximum of three years upon subsequent applications. However, these extension applications must be made under the same employer. Applications made under another employer are considered as if they were granted a work permit for the first time.

2. Permanent Work Permit

A permanent work permit is a document that grants a foreigner the right to live and work indefinitely in a country where they are not a citizen. Unlike temporary work permits, which are issued for a limited duration, a permanent work permit allows individuals to stay and work in the host country for an extended or indefinite period, as long as they continue to meet the conditions set by the immigration authorities. In Turkey, foreigners with a long-term residence permit or a legal work permit for at least eight years are eligible to apply for a permanent work permit.

Obtaining a permanent work permit is typically a significant milestone for foreign workers, as it provides them with more stability and rights in the host country. Some common benefits of holding a permanent work permit may include the ability to work for any employer without needing a specific job offer, access to social services, and eligibility for government-sponsored benefits.

According to Article 10/3,4 of International Workforce Law No. 6735

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

Foreigners holding permanent work permits shall benefit from the same rights long-term residence permits provide. Holders of permanent work permits, 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.

3. Independent Work Permit

Turkey had a type of work permit known as the “Independent Work Permit.” This permit is designed for foreign individuals who desire to work in Turkey as self-employed or independent professionals, rather than being employed by a specific Turkish employer.

• The Independent Work Permit allows individuals to engage in various business activities, set up their own businesses, or provide freelance services in Turkey legally. To be eligible for this type of work permit, applicants typically needed to demonstrate their expertise in a particular field or profession and prove that their intended business activities would contribute positively to the Turkish economy.
• According to Article 10/3,4 of  International Workforce Law No. 6735

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

In the assessment of independent work permit applications 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) An independent working permit shall be arranged for a defined period of time without being subject to period restrictions in this article.

How To Get A Work Permit In Turkey?

According to Article 7 of International Workforce Law No. 6735

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 the Ministry by embassies and consulate generals.

Work permit applications can also be made by an authorized intermediary.

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

Work Permit Application Procedure

Work permit applications are submitted through the E-Permit System.

All applications require the foreign national’s passport, photo, and a copy of the employment contract.

The documents required for each type of application are listed below:

1. Domestic Application

To obtain a work permit in Turkey, a foreigner must hold a residence permit for a minimum of six months, unless deemed appropriate by the General Directorate of International Labor Force. The employer is responsible for submitting the work permit application on behalf of the foreign employee.

Required Documents:

• Employment contract signed by the employer and the foreigner. A scanned copy of this document must be uploaded during the electronic application process.
• Copy of the passport. If the passport is not issued in the Latin alphabet, a certified translation by a sworn translator or official authorities must be provided and uploaded during the electronic application.

Important Note: As per Article 23 of Law No. 6458, work permits for foreigners with approved applications will be issued no earlier than 60 days before the passport’s expiration date.

• A copy of the diploma or temporary graduation certificate, certified by a sworn translator or official authorities. This document should be scanned and uploaded during the application. For home services, a declaration regarding the most recent school attended will suffice; a diploma is not mandatory in this case.
• Turkish Trade Registry Gazette, indicating the organization’s latest capital and partnership structure.
• Balance sheet and profit/loss statement for the most recent year, certified by the tax office or a certified public accountant.

2. Application from Abroad

To apply for a work permit in Turkey, the foreigner must submit the application to the embassies or consulates general of the Republic of Turkey in their home country or the country where they legally reside. Upon submission, the foreigner receives a 16-digit reference number. The application is processed through the E-Permit System using this reference number. No additional documentation or information is sent to the Ministry of Labor and Social Security for applications approved and completed through the system.

If a foreigner is granted a work permit based on the application submitted from abroad, they must start working within one month from their entry into the country, and in any case, within six months from the work permit’s start date. Failure to fulfil their obligations under the relevant legislation and not showing up for work within the specified time frame may result in the revocation of the granted work permit.

3. Application for Extension

Pursuant to Article 7/3 of the International Workforce Law No. 6735;

Application for the extension of the work permit must be made within 60 days before the expiration date of the work permit and in any case before the work permit’s duration expires. Applications not submitted within the mentioned time will be rejected.

According to Article 10/2 of the International Workforce Law No. 6735;

Upon the foreigner’s favourably assessed application for extension, in accordance with Article 7, the foreigner employed by the same employer will be given the utmost two years of extension on the first application and a maximum of three years for the ensuing applications. On the other hand, applications made for different employers are not assessed as an extension.

What Occupations Are Forbidden To Foreigners In Turkey?

The reasons for refusal are regulated in Article 9 of the International Labor Force Law No. 6735, titled Rejection of Work Permit Application. In paragraph (ç) of the same article, it is stated that foreigners cannot work in jobs that are reserved for Turkish citizens by law. According to the provisions of the law in the relevant laws, the professions that are prohibited to foreigners are as follows:

1. Attorneyship:

The practice of law by foreigners in Turkey is prohibited by the Attorneyship Law, and in accordance with Article 3/a of the relevant law, the person must be a Turkish citizen in order to be admitted to the profession of lawyer.

2. Notary public:

In Article 7 of the Notary Law foreigners are prohibited from performing the profession of the notary public in Turkey introducing the condition of Turkish citizenship in order to start a notary public internship.

3. Dentist;

The health sector is one of the most prohibited occupations for foreigners. In the past, doctors working in Turkey was also considered as a prohibited profession and they were forbidden to work in Turkey. With the later regulation, medicine and nursing were removed from being prohibited professions for foreigners, and work was allowed by obtaining a preliminary permit from the Ministry of Health and a work permit from the Ministry of Labor and Social Security. However, since the way dentists work is regulated by the Law on the Execution of the Medical and Medical Arts, it is forbidden for non-Turkish citizens to work.

4. Veterinary medicine;

Citizenship is stipulated in the Law on the Formation of the Veterinary Medical Association and its Chambers and the Jobs to be performed in order to practice the veterinary profession in Turkey.

5. Responsible Manager in Private Hospitals;

Within the conditions required by the responsible manager in the Private Hospitals Law, It is forbidden for foreigners to practice this profession due to the expression of being a citizen.

6. Security guard;

In accordance with the Law on the Protection and Security of Certain Institutions and Organizations, it is prohibited for foreigners to work.

7. Performing the professions included in the Cabotage Law (diving, captain, crew, etc.);

8. Customs Brokerage;

Pursuant to Article 227 of Customs Law No. 4458, it is forbidden for foreigners to practice this profession, since it is necessary to be a Turkish citizen in order to perform the customs consultancy profession.

9. Tourist Guidance;

Although there is no ban on foreigners working in the tourism sector, the only ban is on tourist guidance. Pursuant to Article 3 of the Tourist Guiding Profession Law No. 6326, foreigners are prohibited from working as tourist guiding is a profession specific to Turks.

How to Check Work Permit Status in Turkey

To check the status of a work permit application in Turkey, several methods are available:

Online Platforms: The Turkish government provides online platforms where applicants can track the progress of their work permit applications.

Resources: Official government websites and portals offer resources and guidelines for checking work permit status.

Contacting Authorities: In case of any concerns or questions, contacting the Ministry of Labor and Social Security or relevant authorities can provide further clarification.

It is important to attain legal assistance to check the application status and take the necessary steps in time.

My Work Permit Application Has Been Denied, What Should I Do?

The Ministry of Labor and Social Security notifies the applicant of its decision after examining the application. This decision can be positive or negative.

The foreigner or the foreigner’s employer is notified of the rejection of the work permit or extension application. An objection can be lodged against the decision of the Ministry within 30 days from the notification of the refusal decision to the relevant person. In cases where it is decided to reject this objection, it can apply to the relevant administrative court.

It is significant to acquire legal assistance for both objection and application to the administrative court and take the necessary steps in time.

Conclusion

Acquiring a work permit in Turkey is crucial for foreigners seeking employment opportunities in the country. This comprehensive guide aims to provide valuable insights into the various aspects of work permits, including their types, application processes, methods for checking work permit status and ways of objection application processes against denial. Remember to consult official government sources and seek professional legal advice for the most accurate and up-to-date information regarding work permits in Turkey.

FAQ

1. What is a work permit in Turkey, and why is it essential for foreigners?
   • A work permit in Turkey is an official document that grants permission for foreigners to work in the country legally. It is essential for legal employment, access to social security benefits, and compliance with regulations set by the Ministry of Labour and Social Security.
2. What are the types of work permits available in Turkey?
   • There are three types of work permits: temporary, permanent, and independent work permits. Temporary permits are for a limited period, permanent permits allow indefinite stay and work, and independent permits are for self-employed or freelance professionals.
3. How do I apply for a work permit in Turkey, and what are the application deadlines?
   • Applications can be made through the E-Permit System. For initial applications and extensions, specific deadlines apply, such as within 60 days before the expiration of the permit. Late applications may be rejected.
4. What are the professions forbidden to foreigners in Turkey?
   • Certain professions, including attorneyship, notary public, dentist, and security guard, are prohibited for foreigners. This is to reserve specific jobs for Turkish citizens as specified in relevant laws.
5. Can I check the status of my work permit application, and what if it gets denied?
   • Yes, the status can be checked through online platforms or by contacting relevant authorities. If denied, applicants or employers can lodge an objection within 30 days. Legal assistance is crucial for both objections and administrative court applications.

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