A separate permit regime is prescribed for foreign nationals who wish to practise the teaching profession in Türkiye. What distinguishes this regime from other types of work permit is that the permit does not arise from a single authority but from the successive decisions of two separate institutions: pre-approval is first obtained from the Ministry of National Education, after which the work permit is issued by the Ministry of Labour and Social Security.
A failure to obtain pre-approval means that the process is cut short at its very first stage. For this reason, structuring the file in the employment of a foreign teacher requires more layered planning than a conventional work permit application. Where the request is concluded unfavourably, a fresh application may be made once the deficiency has been remedied, and the avenues of an administrative objection or an action for annulment against the decision also remain open.
Below we address, in turn, the qualifications required of a foreign teacher, the Ministry of National Education pre-approval procedure, diploma equivalence, the documents required, the points to be observed in the employment contract, the minimum salary, the extension procedure and the legal remedies to be pursued against a refusal decision.
Qualifications Required of a Foreign Teacher
The framework of these qualifications is set out in the Regulation on the Qualifications and Selection of Foreign National Teachers to Be Assigned on a Contractual Basis in Certain Schools Affiliated to the Ministry of National Education. Under the Regulation, the candidate must possess the following attributes:
- Having completed a course of higher education lasting at least 4 years, or an education deemed equivalent to it,
- Having at least 5 years of teaching experience in the profession,
- Having an average performance rating of good or very good in the reports drawn up under the legislation of the candidate’s own country during the period in which they taught,
- Not having reached the age of 45,
- Declaring acceptance of the place of duty to be assigned to them in Türkiye,
- Not having received any judicial or administrative penalty,
- Documenting that they are medically fit to work in all climatic conditions — this document is requested after the selection procedure has been completed.
Beyond those listed, certain attributes are treated as grounds for preference: that the candidate has undertaken postgraduate study in their field of specialisation, has publications in the same field, speaks Turkish, and is unmarried or, if married, that their spouse is also a teacher.
These conditions sought on the teacher’s side are only one aspect of the process. The employer, too, must satisfy a separate set of conditions, and foreign employment is not possible unless these are met. The full range of employer obligations, together with the general work permit process, is examined in detail in our note on the foreign work permit.
Steps in Obtaining the Permit
The process begins with obtaining pre-approval from the Ministry of National Education; thereafter the employing educational institution opens the work permit file through the e-permit system. Pre-approval falls within the competence of the Ministry of National Education, and the work permit within that of the Ministry of Labour and Social Security.
Once pre-approval has been obtained, the path to be followed divides in two according to the teacher’s position at the time of application. The decisive criterion is whether the person is present in Türkiye and holds a valid residence permit of at least 6 months’ duration.
If the teacher is in Türkiye and holds a residence permit of that description, the file is opened as a domestic application. Such persons hold a Turkish Foreigner Identification Number beginning with “99”; the employer submits the request through the e-permit system using that number.
If the teacher is outside the country, they must first attend the Turkish diplomatic mission in the country of their nationality and request a work visa. The employer in Türkiye then completes the application in the e-permit system using the 16-digit reference number allocated by the mission.
In either scenario the required documents are submitted online through the e-permit automation system. The authority to make the application belongs not to the teacher but to the employer who will engage them. Accordingly, the uploading of information and documents to the system is likewise carried out with an electronic signature by the employer or by the authorised person holding a power of attorney.
The Ministry of National Education Pre-Approval Stage
Whether a work permit request can be taken up for processing depends on the pre-approval certificate having been obtained from the Ministry of National Education. The documents to be submitted at this stage are as follows:
- The Turkish translation of the diploma, or of the document standing in its place, establishing that the candidate holds an undergraduate degree in their field, together with notarised copies of the original; if the diploma does not state the field, the translation and notarised copies of a document showing the field must likewise be provided,
- The Turkish translation and a notarised copy of the “Teaching Formation” certificate proving that the candidate has acquired the right to teach in their field in their own country; where this document is unavailable, the translation and a notarised copy of a document issued by the official authorities showing that they have taught in their field for at least 2 years,
- A document from the Council of Higher Education confirming that the undergraduate diploma obtained abroad, or the document standing in its place, has been deemed equivalent,
- A photocopy of the passport.
The documents thus collected are submitted to the Directorate of National Education by the institution’s authorised representative. Of the files forwarded to it by the directorate, the governorship notifies the Ministry of National Education within 5 working days of those which satisfy the requisite conditions. The Ministry, in turn, completes its examination and sends the pre-approval certificate to the governorship within 5 working days. The work permits of foreign nationals for whom a pre-approval certificate has been issued are then granted by the Ministry of Labour and Social Security.
Diploma Equivalence
The certificate of equivalence is the document establishing the field and the level to which, in Türkiye, the diploma awarded to a foreign national on completion of studies outside Türkiye is regarded as equivalent. The issuing institution is the Council of Higher Education. A request for equivalence is examined and determined by a commission within the framework of the Council’s regulations and directives on the subject. Where equivalence cannot be obtained, it is likewise not possible to obtain a work permit.
Documents to Be Added to the Work Permit File
The request file draws on two separate sources. The documents required from the educational institution in the position of employer are the employment contract signed by the parties, the institution’s permit to open and to commence instruction, the licence, the Turkish Trade Registry Gazette showing the current capital and shareholding structure of the entity, and the balance sheet and profit/loss statement for the most recent year certified by the tax office or by a sworn financial adviser.
The documents to be obtained from the teacher are a copy of the passport, the pre-approval certificate issued by the Ministry of National Education, and the diploma. The Turkish translation of the diploma must bear the certification of a sworn translator or of an official authority.
If the passport has not been issued in Latin characters, a translation certified by a sworn translator or an official authority is also placed in the file. The validity period of the passport is decisive in two respects: work permits granted by the Ministry are issued so as not to extend beyond the date falling 60 days before the passport’s expiry date; and requests made with a passport, or a document standing in its place, having less than 60 days remaining as at the date of application are not taken up for processing at all.
Note: The documents listed must be scanned and transmitted through the e-work automation system. As the application is made online by the employer, the employer likewise undertakes the uploading.
The number of procedural steps to be completed in the employment of a foreign teacher is not to be underestimated. A deficiency left in particular at the stages of obtaining Ministry of National Education pre-approval and of documenting the qualifications the teacher must possess leads directly to a refusal. In order for the process to advance swiftly and for the legal footing to be soundly established, it is advisable to obtain the assistance of a lawyer practising in this field.
Points to Observe in the Employment Contract
The contract governing the employment relationship to be established with the teacher must be consistent with the provisions of the Labour Act No. 4857 and of the other relevant legislation. Model contract texts have been published on the website of the Directorate General of Labour Force to guide practitioners.
Among the models available on the page of the Directorate General of International Labour Force are a fixed-term employment contract, a fixed-term service contract relating to domestic services, a fixed-term employment contract for persons granted temporary protection, and a fixed-term employment contract for persons granted international protection.
For the application to be capable of acceptance, the correct determination of the salary to be stated in the contract carries particular importance. A figure below the mandatory minimum salary level indicated in the Ministry’s assessment criteria must not be agreed.
The Minimum Salary That May Be Agreed
The lowest salary that may be set for a foreign teacher was prescribed, for 2023, as three times the minimum wage, that is, TRY 30,024.00 gross.
Refusal Decision, Objection and Action for Annulment
The circumstances in which a request will be refused are listed in Article 9 of the International Labour Force Act. Under that provision, an application is concluded unfavourably in the following situations:
- Where the request is incompatible with international labour force policy,
- Where the file is founded on false or misleading information or documents,
- Where the justification given for employing the foreign national is not found sufficient,
- Where the application relates to work and professions reserved exclusively to Turkish citizens by other statutes,
- Where the request has not been made within the statutory period, or the deficiencies have not been remedied,
- Where the foreign national is among those who will not be permitted entry to Türkiye or in respect of whom a deportation decision is to be taken,
- Where the person’s working in Türkiye is considered objectionable from the standpoint of public order, public security or public health,
- Where, absent the favourable opinion of the Ministry of Foreign Affairs, the foreign national is a citizen of a country that Türkiye does not recognise or with which it has no diplomatic relations.
Objections against a refusal decision are raised within 30 days of notification of the decision. The objection is made online through the system, and the reasoned petition together with the supporting documents are uploaded to the system.
A refusal decision is also subject to judicial review. An action for annulment is brought within 60 days beginning on the day following notification of the refusal decision.
Where an objection is pursued first and the action is brought afterwards, the calculation of time differs. In that scenario, the period elapsing between the date on which the imposition of the restriction code was notified and the date on which that decision was objected to is deducted from the 60-day period for bringing an action; the remainder is the time available for bringing an action for annulment. This is because an objection made before proceedings suspends the period for bringing an administrative action.
Under this heading the general framework concerning the refusal decision has been set out. Detailed explanations of the legal remedies that may be pursued where an application is refused are contained in our note on the refusal of a work permit application.
Reapplication After a Refusal
An unfavourable decision does not bar a fresh request. However, for a further application to be made, the deficiency forming the basis of the refusal must have been remedied. Whether that deficiency can be remedied depends in turn on accurately identifying the ground on which the refusal decision rested.
Extension of the Work Permit
Extension requests must be submitted from the point at which 60 days remain before the expiry of the existing permit and in every case before the permit period expires. Extension applications made after that period are refused. The extension file is likewise opened with the Ministry through the e-work system. As with the initial application, extension requests are subject to Ministry of National Education pre-approval.
Teachers who have made an extension request may continue to teach at the same educational institution for a period not exceeding 90 days from the date on which the permit period expired, provided that the nature of the work they perform does not change. Activity carried out within that 90-day window counts as lawful work; the obligations of the employing educational institution and of the teacher likewise continue unchanged.
Detailed information on the scope of the extension procedure, the procedure to be followed and the documents required may be found in our note on the extension of a foreign work permit.
Refusal of an Extension Request and Available Remedies
An extension application may be refused on grounds such as non-compliance with the procedural rules, the failure to obtain Ministry of National Education pre-approval, or the inability to satisfy the Ministry’s assessment criteria.
Faced with such a decision, those concerned may pursue an objection and may equally bring an action for annulment. That process proceeds according to the principles explained above under the heading refusal decision, objection and action for annulment.
How Long Does the Application Take?
A foreign teacher work permit is concluded within 30 days at the latest. However, where there is missing information or documentation in the file, the assessment is deferred until those deficiencies are made good.
Such deferral may not exceed 30 days unless the existence of force majeure is documented by an official authority. Deficiencies of a similar nature likewise delay the outcome and prolong the process overall.
Fees and Other Payments
Various items of fees and expenses arise both on the initial application and on an extension request. As at 2023, the fee and expense amounts relating to a foreign teacher work permit are set out item by item in the relevant tariff.
In addition, the valuable paper charge must be paid. For 2023 the Work Permit Certificate Valuable Paper Charge was set at TRY 356.
Payments are made to accounts belonging to the Ministry of Finance, by separate receipts, declaring the person’s foreigner identification number. The work permit fee is paid into account code 9130 and the valuable paper charge into account code 9267.
Note: If the fee and valuable paper charge requested are not paid within 30 days of the date of notification, the work permit application is struck out. For this reason, once the payment notification has been received, it must be ensured that both items are paid separately within that 30-day period.
The amounts referred to above are those collected at the time of the work permit application. Certain payments also arise at the pre-approval stage; for instance, as at 2023 a service charge of TRY 150 is collected for obtaining diploma equivalence from the Council of Higher Education.
Conclusion
Obtaining a work permit for a foreign teacher is a process that cannot be reduced to satisfying the criteria set by the Ministry and assembling the documents. The grant of the permit depends equally on the procedural steps being carried out in full. Accordingly, alongside completeness of documents and conditions, the correct conduct of the procedural steps is also essential.
Independent Legal’s Assessment
The greater part of the delays encountered in foreign teacher files arises not from the work permit stage but from the pre-approval and equivalence stages. The fact that a work permit request cannot succeed at any stage where diploma equivalence has not been obtained must be taken into account at the very outset of planning. In the same way, where criteria such as the age limit of 45 and the condition of 5 years’ professional experience are not verified before the candidate is selected, the entire preparation may come to nothing.
In managing the process, we recommend that the following matters in particular be brought forward:
- Initiating the equivalence application to the Council of Higher Education before the employment relationship is established, and awaiting its outcome
- Verifying by documentary evidence that the candidate satisfies the conditions as to age, length of education and professional experience
- Preparing at the outset the notarised translations of diplomas, teaching formation certificates and experience documents issued in a foreign language
- Calculating the remaining validity of the passport together with the 60-day thresholds
- Determining the contractual salary in accordance with the minimum wage multiplier prescribed for the year in question
- Opening the 60-day window early, bearing in mind that the extension request is also subject to Ministry of National Education pre-approval
Independent Legal advises educational institutions at every stage of the employment of foreign personnel, from the pre-approval and equivalence processes through to the work permit application and the objections and actions for annulment to be pursued against refusal decisions.