Foreign Work Permits: Application Procedure, Categories of Permit and Dispute Processes

The ability of a foreign national to work in Türkiye has been made subject to a permit document issued by the Ministry of Labour and Social Security. That document is not a mere formality; it constitutes the legal basis both of the foreign national’s right to work and of their right of residence. An employment relationship maintained without a permit gives rise to separate administrative fines for the employer and for the foreign national, and also lays the ground for deportation proceedings.

A significant proportion of the problems encountered in practice stem from the technical structure of the process. If it is not determined in advance whether the application is to be made from within the country or from abroad, which category of permit is to be requested, whether the Ministry’s assessment criteria are satisfied and whether the sector-specific documents have been submitted in full, refusal of the application becomes inevitable. A refusal decision means not merely a loss of time but, more often than not, an employment plan that must be reconstructed.

In this briefing note we address, as a coherent whole, how the application is to be conducted through the e-permit system, the categories of permit provided for in the legislation, the conditions sought in respect of the employer and of the foreign national, the document lists that vary by sector, the situations giving rise to exemption, and the legal remedies available against decisions of refusal and of cancellation.

The Legal Function and Scope of the Work Permit

The work permit is a document issued by the Ministry of Labour and Social Security in the character of an official document, affording the foreign national the possibility of both working and residing in our country throughout the period of its validity. This dual function of the document confers an advantage that is frequently overlooked in practice: there is no need to obtain a separate residence permit.

Under the International Labour Force Act, the permit must be obtained before beginning to work in our country, whether in a dependent or an independent capacity. Where this requirement is not complied with, the foreign national’s work at any workplace is regarded as unlawful and the sanctions attached to that arise.

Conducting the Application: Two Separate Procedures

The work permit is obtained by an application made by the employer through the e-permit system, using the identification number or the reference number belonging to the foreign national. The fact that the application is conducted by the employer rather than by the foreign national in person is the fundamental feature of the process.

Our legislation provides for two different procedures for this process. The distinction between them is determined according to whether the application is made from Türkiye or from abroad.

Applications Made From Within Türkiye

The domestic procedure is operated where the foreign national is in Türkiye and holds a residence permit of at least 6 months’ duration that retains its validity. Foreign nationals in this position have a foreigner identification number beginning with 99. The employer creates its application through the e-permit system using that number for the foreign national it is to employ.

Applications Made From Abroad

If the foreign national is abroad and does not hold a residence permit of at least 6 months’ duration that remains valid, the overseas procedure applies. In that case the foreign national must first apply to the Turkish mission in the country of their nationality and request a work visa. As a result of that application a 16-digit reference number is allocated to the foreign national; the employer then completes its application in the e-permit system by means of that number.

Steps to Be Followed Through the E-Permit System

Whichever procedure is in question, the application must be made by the employer through the e-permit system. The steps to be followed are set out below:

• The process begins with an examination of the criteria published on the Ministry’s website that workplaces must satisfy in order to employ foreign nationals; if those criteria are met, the application stage may be reached.
• Next, it is checked whether the Social Security Institution (SGK) e-declaration user who is to open the workplace record in the automation system holds an electronic signature issued in their own name.
• Before the application is embarked upon, the employment contract with the foreign national to be employed must have been signed. Specimen contracts may be obtained from the Ministry’s website. In overseas applications that contract must have been signed by the parties in advance and submitted to the mission abroad at the time of the work visa request.
• Before proceeding to the work permit application, the e-declaration user logs in to the Ministry’s foreign work permit automation system and creates the workplace record. The record is completed by signing, with an electronic signature, the undertaking that opens once the requested information and documents have been entered.
• Once the workplace record has been opened, the e-declaration user or a person authorised by them may make the work permit application through that record with their own electronic signature.
• By entering the “Make an Application” tab in the left-hand menu of the application, the option appropriate to the foreign national’s status and situation is selected; the information and documents requested in the following tabs are entered step by step until all tabs are completed. That a tab has been fully completed is apparent from the green tick appearing beside the tab heading.
• Once the entry of information and documents has been finished, the application may be saved or approved. When the petition, application form and undertaking opened by means of the approve option are signed with an electronic signature, the application has been completed and transmitted to the Ministry for assessment.
• During the assessment process the Ministry may, where necessary, provide information by electronic mail. The current status of the application may also be followed from the “Application Tracking” tab in the left-hand menu.
• If the application is assessed favourably, an electronic mail is sent to the applicant for the payment of the requisite fees. In applications made from abroad, the fee, the valuable paper charge and the other charges are paid by the foreign national in person to the relevant mission abroad.
• Applications in respect of which the fee and the valuable paper charge have been paid are approved by the Ministry and converted into a work permit; the printed permit cards are delivered to the workplace address by PTT courier.
• It is compulsory for the SGK insured-person registration to be made in a manner not lower than the salary declared to the Ministry. The 30-day period prescribed for this begins to run, in domestic applications, from the day following the commencement date of the work permit and, in overseas applications, from the date on which the foreign national entered the country.

NOTE: Foreign nationals who come to the country having obtained a work visa from a Turkish mission abroad must apply to the nearest directorate of migration management and create an address record within 20 working days following the date of their entry.

Checking the Status of the Application

A work permit enquiry is carried out through the website of the Ministry of Labour and Social Security. The same system allows enquiries to be made in respect of both work permit and work permit exemption applications.

On the screen that opens, “Foreign Work Permit” is selected from the field “Select the Type of Application You Wish to Query”. Thereafter the enquiry is completed by writing the “Foreigner Identification Number/Reference Number” and the “Application Number” in the relevant fields.

The Ministry’s Examination and Decision Stage

The Ministry assesses and decides the application, obtaining where it considers necessary the opinion of the relevant public institutions and organisations. Applications made in due form and complete as to their documents are concluded within 30 days at the latest.

Where a deficiency is identified in the documents, notification is made to the applicant for it to be remedied. In that event the 30-day period begins to run on the date on which the missing documents reach the Ministry.

The Ministry’s favourable or unfavourable decision is transmitted, in applications made from abroad, to the relevant mission abroad for notification to the foreign national; in applications made from within the country it is notified directly to the employer.

Categories of Permit Provided for in the Legislation

The categories of permit are regulated in the International Labour Force Act. The 5 separate categories provided for by the Act may be listed as follows: the turquoise card, the exceptional work permit, the independent work permit, the indefinite work permit and the fixed-term work permit.

Fixed-Term Work Permit

The fixed-term work permit is the category of permit issued, on first application, with a validity of at most 1 year, provided that the term of the employment or service contract is not exceeded and that the work is performed in a particular job at a particular workplace or at workplaces in the same branch of activity.

This category of permit is regulated in the Act as follows:

International Labour Force Act, Art. 10(1)
“Where the application is assessed favourably, a work permit valid for at most 1 year on first application shall be granted to the foreign national, on condition that the term of the employment or service contract is not exceeded and that they work in a particular job at a particular workplace belonging to a natural or legal person or to a public institution or organisation, or at workplaces of theirs in the same branch of activity.”

It is also possible to request an extension in respect of a fixed-term permit. A foreign national whose extension application is concluded favourably is granted a permit of at most 2 years on the first extension and of up to at most 3 years on subsequent extensions, on condition that they remain with the same employer.

Indefinite Work Permit

The indefinite work permit, as its name suggests, affords the foreign national the right to work in Türkiye without limitation of time. In order to apply for this permit, the foreign national must hold a long-term residence permit or a lawful work permit of at least 8 years.

The documents relating to the indefinite permit are renewed at the end of each 5-year period, taking the commencement date of the permit as the basis. The renewal request must be made within the 6 months preceding the expiry of the five-year period and in any event before the period comes to an end. That said, even foreign nationals holding an indefinite permit may not practise the occupations and professions reserved by special legislation to Turkish citizens alone.

Independent Work Permit

The independent work permit is the category of permit enabling a foreign national to work in Türkiye in their own name and on their own account. This permit is granted to foreign nationals who are members of a profession, on condition that the special requirements sought in other legislation are satisfied. Although the permit is issued for a fixed term, no particular period is prescribed in the legislation.

Detailed information on the conditions of the permit, the procedure for obtaining it and the documents requested with the application may be obtained from our note entitled independent work permit.

Exceptional Work Permit

This category of permit is granted, in a manner consistent with the labour force policies determined by the Ministry, to the persons enumerated in Art. 16 of the International Labour Force Act. The following foreign nationals may apply for this permit:

• Those regarded as qualified labour by reason of characteristics such as their level of education, salary, professional experience and contribution to science and technology,
• Those regarded as qualified investors by reason of characteristics such as their contribution to science and technology, their level of investment and export, and the scale of the employment they will create,
• Those employed by their employer for a fixed period on a project carried out in Türkiye,
• Foreign nationals notified by the Ministry of the Interior or the Ministry of Foreign Affairs as being of Turkish descent,
• Citizens of the Turkish Republic of Northern Cyprus,
• Citizens of European Union member states,
• Applicants for international protection, conditional refugees, those under temporary protection, stateless persons and victims of human trafficking benefiting from the victim support process,
• Those married to a Turkish citizen and living with their spouse in Türkiye within the union of marriage,
• Those serving without diplomatic immunity at the representations of foreign states and international organisations in Türkiye,
• Persons who come to Türkiye for scientific, cultural, artistic or sporting purposes and are recognised at international level for their achievements in their field,
• Foreign nationals in the position of cross-border service providers.

More detailed information on the scope of this permit, the criteria to be satisfied in order to obtain it and who may benefit from it is contained in our note entitled exceptional work permit.

Turquoise Card

The turquoise card is a document affording indefinite residence and the possibility of work to persons who will contribute to Türkiye through qualified labour, professional experience or in other ways. The card does not concern its holder alone; the foreign national’s spouse and their children who have not completed 18 years of age or who are in need of special care likewise acquire the right of indefinite residence.

The card is issued in such a way that the first 3 years constitute a transition period. During that period the Ministry may request information and documents from the employer or from the foreign national. The transition period annotation on a card that is not cancelled within the transition period is removed upon the foreign national’s request, and an indefinite turquoise card is issued.

Turquoise card holders benefit from the rights afforded by the indefinite work permit regulated in the Act. The rights conferred by the card and the limitations to which it is subject are as follows:

• The obligation to perform military service in Türkiye is not sought in respect of these persons.
• It is not possible for them to benefit from the right to vote and to stand for election or from the right of entry into public office.
• Their acquired rights in the field of social security are reserved; the provisions of the relevant legislation apply to the exercise of those rights.
• Their transactions in matters such as residence, travel, work, investment, commercial activity, inheritance and the acquisition and transfer of movable and immovable property are conducted by the relevant institutions and organisations within the framework of the legislation applied to Turkish citizens.
• If special statutes require the condition of being a Turkish citizen for the exercise of these rights and obligations, card holders may not request to benefit from the rights in question.
• Within the scope of subparagraph (b) of the first paragraph of Article 12 of the Turkish Citizenship Act No. 5901, the card holder and their relative may acquire Turkish citizenship where this is proposed by the Ministry, on condition that there is no impediment in terms of national security and public order and that the transition period annotation has been removed.

More comprehensive information on the nature of the card, the procedure for obtaining it, the conditions sought and the documents required is addressed in our note entitled turquoise card.

Assessment Criteria Sought in Respect of the Employer and the Foreign National

Whether the foreign national may obtain a work permit depends on the satisfaction of the assessment criteria determined by the Ministry. Some of these criteria relate to the employing undertaking and others to the foreign national themselves. The criteria sought are as follows:

• At least 5 Turkish citizens must be employed at the workplace for which the permit is requested. Where the foreign national requesting the permit is a company shareholder, the condition of employing five persons is sought in respect of the final 6 months of the one-year permit to be granted by the Ministry. Where a permit is requested for more than one foreign national for the same workplace, the condition of employing five persons is sought separately in respect of each foreign national after the first permit.
• In respect of the workplace, one of three financial thresholds must be met: that the paid-in capital has reached TRY 100,000, that the gross sales figure has reached TRY 800,000, or that exports in the last year have reached the level of USD 250,000.
• The criterion in the second item does not apply to requests concerning foreign nationals to work at associations and foundations. The criteria in the first and second items are not sought in applications concerning foreign nationals to work at the Türkiye representations of foreign state airlines or in the education sector and in domestic services.
• The capital share of a foreign national who is a company shareholder must be at least 20 per cent and that share must be not less than TRY 40,000.
• The monthly salary declared by the employer must be at a level compatible with the foreign national’s duties and competence. That salary may not fall below the lower limits calculated on the basis of the minimum wage in force on the date of the application. The limit in question is applied as 6.5 times for pilots and senior managers, 4 times for engineers, architects and unit or branch managers, 3 times for teachers and for work requiring expertise and mastery, 2 times for those working under titles such as acrobat at tourism and animation companies and for masseurs, masseuses and SPA therapists, and 1.5 times for professions other than those listed; in domestic services, the level of the minimum wage is sufficient. The monetary equivalents of these thresholds are set out in tabular form under a separate heading below.
• Requests to employ foreign nationals in work requiring expertise and mastery, such as masseurs, masseuses and SPA therapists, are taken into assessment only in respect of certain undertakings; the requests of undertakings and workplaces falling outside that scope are not found suitable. The undertakings to be taken into assessment are as follows: tourism undertakings of at least three stars certified by the Ministry of Culture and Tourism that document that they house a licensed massage salon, certified holiday villages, and thermal hotels that have obtained an operating licence from the official authorities; certified tourism undertakings housing a Turkish bath, sauna, SPA or similar complex, and facilities under agreement (with a contract in place) with them; and sports centres employing at least 20 Turkish citizens and licensed by the official authorities.
• In respect of foreign nationals to be employed in work requiring expertise and mastery in the entertainment sector and at tourism and animation organisation companies, if at least 10 Turkish citizens are employed at the workplace, the quota of employing 5 Turkish citizens separately for each foreign national is not additionally sought.
• Where there is a provision to that effect in bilateral or multilateral agreements to which our country is a party, and further in respect of foreign nationals to be employed in works for the procurement of goods and services carried out by public institutions and organisations by way of contract or tender, the criteria in the first and second items are not sought.
• In work requiring advanced technology, or where no Turkish expert with the same qualifications is available, the criteria in the first and second items do not apply upon the approval of the Directorate General.
• At undertakings in the nature of Foreign Direct Investment of Special Significance, when the first criterion is applied in respect of foreign nationals other than key personnel, the basis taken is the number of Turkish citizens employed by the undertaking at all of its workplaces throughout the country.

Foreign Nationals Exempt From the Criteria

There are also foreign nationals who are not subject to the assessment criteria set out above. That exemption does not, however, remove the obligation to obtain a work permit; those concerned must still obtain a permit in order to work in Türkiye. Those exempt from the criteria are as follows:

• Foreign nationals who have lived within the union of marriage with a Turkish citizen for at least 3 years,
• Foreign nationals whose mother, father or child is a Turkish citizen,
• Foreign nationals granted a residence permit within the framework of the practices concerning Turkish or kindred communities,
• Foreign nationals granted a humanitarian residence permit,
• Foreign nationals granted a residence permit as victims of human trafficking,
• Foreign nationals granted a residence permit with stateless status,
• Citizens of the Turkish Republic of Northern Cyprus.

Documents to Be Submitted With the Application

Below we address first the documents common to all categories of permit and thereafter the documents additionally required according to the sector in which the foreign national is to work.

Common Documents Required in All Applications

The basic documents to be submitted with the work permit application are as follows:

• The employment contract signed by the parties,
• A copy of the passport (where the passport has not been drawn up in Latin characters, a translation certified by a sworn translator or by the official authorities must also be attached),
• A copy of the diploma or provisional graduation certificate together with a Turkish translation certified by a sworn translator or by the official authorities (a diploma is compulsory in the professions the Ministry considers necessary and in work falling within the scope of professional services; in domestic services no such production is sought and a declaration as to the last school completed suffices),
• The Turkish Trade Registry Gazette showing the current capital and shareholding structure of the undertaking,
• The balance sheet and profit/loss statement for the last year, certified by the tax office or by a sworn financial adviser.

It should also be noted that there is a particular limit as regards the validity of the passport. Under Article 23 of Law No. 6458, permits to be granted to foreign nationals whose request is found suitable are issued in such a way as not to exceed the date falling 60 days before the expiry date of the passport. Moreover, applications made with a passport or a document taking the place of a passport having less than 60 days remaining as at the date of the application are not processed.

The list above covers the common documents. In addition, information and documents must be uploaded according to the sector in which the foreign national wishes to work.

Entertainment Sector

The documents required in applications relating to this sector are as follows:

• A letter of reference together with a Turkish translation certified by a sworn translator or by the official authorities (the letter of reference showing that the foreign national is of international renown as an artist or has worked producing programmes at foreign undertakings of the same level must bear an apostille or the certification annotation of a mission abroad),
• An employment contract drawn up both in Turkish and in the foreign national’s language, bearing the wet signatures of the employer and the foreign national,
• The operating licence obtained from the Ministry of Culture and Tourism.

There are also stipulations that must be included in the employment contract concluded with foreign artists:

• An undertaking that, upon their return to their countries following the completion of their periods of work, the return tickets and travel expenses will be met by the employer,
• An undertaking that the salary may not fall below 3 times the minimum wage, which is updated every 6 months,
• The tax number of the workplace,
• The employee’s rights, together with the numbers of the 155 Police Emergency line and the 157 Helpline for Victims of Human Trafficking, the Alo 170 helpline, and the contact telephone numbers of the Provincial Directorates of the Labour and Employment Agency, which may be called upon where needed.

The scope of the sector, the foreign nationals who may apply and the conditions sought are examined in detail in our note entitled entertainment sector work permit.

Aviation Sector

In aviation sector applications, the pilot’s licence is submitted together with a Turkish translation certified by a sworn translator or by the official authorities. The permit to be issued by the Ministry takes effect together with the validation certificate obtained from the Directorate General of Civil Aviation of the Ministry of Transport, which renders the licence of foreign national pilots valid in Türkiye.

NOTE: A work permit relating to the aviation sector is not sufficient on its own; in order for it to acquire validity it must be assessed together with the validation certificate to be obtained from the Directorate General of Civil Aviation.

The general framework of the subject is given under this heading. The details of the process are addressed in our note entitled aviation sector work permit.

Key Personnel

The documents requested in a key personnel application are as follows:

• Information and documents establishing that the company or the branch bears the character of “foreign direct investment of special significance”,
• Information and documents showing that the foreign personnel are in the position of key personnel,
• In respect of liaison office activities, documents proving that foreign currency has been brought in from abroad within the last year,
• The Foreign Personnel Notification Form,
• The petition requesting the work permit,
• The curriculum vitae form,
• A copy of the passport together with its translation,
• The letter of acceptance of employment belonging to the foreign national, or a certified copy of that document.

Who constitutes key personnel, how the permit is to be obtained and what the amount of direct investment of special significance is are explained in our note entitled key personnel work permit.

Liaison Offices

Two groups of documents are sought in applications made by liaison offices. The first consists of the operating licence documents to be obtained from the relevant ministry for the foreign nationals to be employed at liaison offices. The second consists of documents establishing that, within the last year, an inflow of foreign currency of an equivalent not less than USD 200,000 has been secured from abroad; the certificate of authority of the office representative, together with the bank receipt, bank letter or photocopy of the foreign currency purchase document relating to the currency transfer, are assessed within that scope.

Foreign Nationals Who Are Company Shareholders

The following documents are required in applications made in the capacity of a company shareholder:

• A copy of the passport,
• A copy of the diploma or provisional graduation certificate together with a Turkish translation certified by a sworn translator or by the official authorities,
• The Turkish Trade Registry Gazette showing the current capital and shareholding structure of the undertaking,
• The balance sheet and profit/loss statement for the last year, certified by the tax office or by a sworn financial adviser.

The circumstances in which shareholders must obtain a permit and the conditions sought are addressed in our note entitled work permits for foreign national company shareholders.

Tourism Sector

In tourism sector applications, the operating and investment certificate obtained from the Ministry of Culture and Tourism is submitted; if the undertaking does not hold an operating certificate, the certificate of activity obtained from the chamber of commerce is required.

There is also a quota limit in this sector. The number of foreign personnel employed at tourism undertakings may not exceed 10% of the total personnel; that ratio may be raised to 20% by the Ministry of Culture and Tourism. In addition, under Art. 18 of the Tourism Encouragement Act No. 2634, at least five Turkish citizens must be employed at that workplace for each foreign national in respect of whom a permit is requested.

The criteria specific to the sector and the matters to be observed in the employment contract are examined in our note entitled tourism sector work permit.

Foreign Physicians

The following documents are requested in applications concerning foreign physicians:

• The pre-approval certificate (sought in respect of foreign health professionals who are to serve at private health institutions affiliated to the Ministry of Health; it is issued by the health directorate of the province in which the place of duty is located and establishes the professional qualifications of the person concerned),
• The operating licence certificate (obtained from the provincial health directorate by private health institutions planning to employ a foreign physician or other health personnel),
• Where the foreign national has graduated from a faculty abroad, the certificate of diploma equivalence.

The regulation enabling foreign physicians and nurses to serve in our country was introduced by Decree-Law No. 663. Within that framework, private health institutions wishing to employ a foreign national physician or nurse may apply to the Ministry with the pre-approval (professional qualification) certificate obtained from the provincial health directorate. Where the person concerned has completed their studies at a faculty abroad, production of the certificate of equivalence is compulsory.

The operation of the pre-approval process and the documents required during it are set out in detail in our note entitled work permit for foreign doctors.

Those to Work as Carers in Domestic Services

Applications concerning the employment of foreign nationals in domestic services have increased markedly in recent years. In order to prevent the abuse of this category of permit and to protect the safety of the foreign nationals to whom permits are granted, the Ministry has introduced certain limitations:

• Within the scope of domestic services, a permit may be granted only for the care of the elderly, the sick and children; no permit is issued for work outside these.
• It must be established by a health board report that the employer has an illness requiring care.
• Save in serious cases requiring intensive care, permits are not granted to male foreign nationals in respect of residences.

The documents required for this category of permit are as follows:

• The employment contract signed by the employer and the foreign national (in overseas applications the contract must be signed by the parties in advance and submitted by the foreign personnel to the Turkish mission abroad at the time of the work visa request),
• A copy of the passport,
• A declaration as to the last school completed (production of a diploma is not compulsory in domestic services),
• The employer’s identity card,
• The identity card of the person to be cared for (if the person to be cared for is elderly, a health certificate or board report is additionally required),
• The employer’s civil registry record,
• The detailed civil registry record of the elderly person, the sick person or the child,
• A document establishing the employer’s income position,
• Where the person is a first-degree relative of the employer, a document showing that relationship.

The procedure for obtaining the permit and the matters to be observed in the employment contract are addressed in our note entitled work permit for foreign carers.

Engineers and Architects

Two documents stand out in applications relating to these occupational groups. The first is the certificate of equivalence of the diploma or provisional graduation certificate, to be obtained in accordance with the relevant legislation where the foreign national requesting a permit as an engineer or architect within the scope of professional services has pursued higher education abroad. The second is the payroll proving that legal persons who are to employ a foreign expert in the capacity of engineer, architect or urban planner employ a Turkish citizen in the same profession.

The details of the subject are examined in our note entitled work permit for foreign architects and engineers.

Higher Education Students

Foreign students enrolled on a formal education programme at a higher education institution in Türkiye may work provided that they obtain a work permit. Students at doctoral, master’s, undergraduate and associate degree level may apply for this permit after they have left the first year of their studies behind.

The documents required from the employer are as follows:

• The employment contract signed by the employer and the foreign national (in overseas applications the contract must be signed in advance and submitted by the foreign national to the Turkish mission abroad at the time of the work visa request),
• The Turkish Trade Registry Gazette showing the current capital and shareholding structure of the undertaking,
• The balance sheet and profit/loss statement for the last year, certified by the tax office or by a sworn financial adviser.

From the foreign student, a biometric photograph, a copy of the passport and a student certificate are requested.

The details of the process are explained in our note entitled work permit for foreign students.

Students Undertaking Compulsory Internships

In internships made compulsory as a requirement of university education, the foreign student must apply not for a work permit but for a work permit exemption.

Under the provision of Article 48(1)(n) of the Implementing Regulation of the International Labour Force Act, foreign students who are enrolled on a formal education programme in our country and who are, under the relevant legislation, required to undertake an internship with an employer within the framework of vocational training benefit from the exemption throughout the period of that internship.

Teachers to Serve at Private Education Institutions

Two documents are sought in applications concerning foreign teachers. The first is the pre-approval certificate, which is sought in respect of foreign nationals who are to serve at private education institutions affiliated to the Ministry of National Education (MEB) and which establishes the professional qualifications of the person concerned. The second consists of the “Institution Opening and Commencement of Instruction Permit” and the “Licence” documents obtained from the MEB by the private education institutions that are to employ foreign nationals.

How the MEB pre-approval process operates is addressed in our note entitled work permit for foreign teachers.

Matters to Be Observed in the Employment Contract to Be Concluded With Foreign Personnel

The points to be observed in the contract to be signed with foreign personnel are as follows:

• That the contract is drawn up in accordance with the provisions of the Labour Act No. 4857 and of the other legislation,
• That the salary to be paid to the foreign national does not fall below the compulsory minimum amounts determined in the Ministry’s assessment criteria (those amounts are set out under the following heading),
• That the foreign national is to be employed, according to their qualifications, in work appropriate to the sector and the post for which they have been engaged, and that the necessary provisions to that effect are made in the contract.

Compulsory Minimum Salary Thresholds by Profession

The salary to be paid to the foreign national is required to be at a level compatible with the person’s duties and competence. The lower limit is found by multiplying the minimum wage in force on the date of the application by particular coefficients. The coefficients, and the gross amounts to which they corresponded as at 01.01.2023, are shown in the table below:

The salary must be correctly shown in the contract, having regard to these thresholds determined by profession. The agreement of a salary below the amounts set out in the table results in the refusal of the application.

Professions and Posts Closed to Foreign Nationals

It is not possible for permits to be granted to foreign nationals in professions and posts reserved by the relevant statutes to Turkish citizens alone. These professions and posts may be gathered under the following headings:

• Law and the judiciary: practice at the Bar, the notarial profession, service as a judge or public prosecutor, mediation, service as a court-appointed expert, and service as a composition commissioner.
• Health: dentistry and nursing auxiliary work, pharmacy, veterinary medicine, service as responsible manager at private hospitals, and service as a foreign assistant working otherwise than in specialist training.
• Security services: in respect of private security companies, founders, managers, trainers and the representatives authorised by the company’s legal person shareholder; private security officers; and service as a market and neighbourhood watchman.
• Maritime affairs and transport: the export of fish, oysters, mussels, sponges, pearls and coral within territorial waters, together with work such as diving, searching, pilotage, service as a master, engineer, clerk or crew member; ship agency representatives and ship agency personnel; service as a transport works organiser; service as a trainee aeronautical information management officer; and service as an honorary traffic inspector.
• Financial and commercial matters: the profession of financial adviser, service as an assistant customs consultant, and membership of the board of directors of a cooperative.
• Tourism and agency work: the profession of tourist guide, service as an agency manager and as a travel agency manager.
• Education and other fields: the founding of schools opened by foreign nationals that provide instruction in a language other than Turkish; service as a sports consultant; work brokerage in the agricultural field; and service as a permanent supervisor and as a technical officer.

In respect of these occupations and professions which, by virtue of various statutes and regulations, may be practised only by Turkish citizens, it is not possible for foreign nationals to make a work permit application.

Work Permit Exemption and the Periods Granted

The work permit exemption denotes the document affording the right to work and to reside in Türkiye without obtaining a permit. The persons who may benefit from this document are set out in the enumeration in Article 48 of the Implementing Regulation of the International Labour Force Act. Below, those persons are grouped on the basis of the periods granted to them.

Those granted an exemption of up to one month:

• Foreign nationals who are to work in the fields of science, culture and the arts,
• Cross-border service providers.

Those granted an exemption of up to three months:

• Foreign nationals who are to provide training in relation to imported or exported goods and services, and those who are to provide training relating to the use, maintenance or repair of machinery and systems brought into the country,
• Foreign nationals who reside abroad but who are determined by the ministries to be of Turkish descent,
• Those who are to take part in sporting activities,
• Foreign members of the board of directors of joint stock companies who do not reside in Türkiye,
• Foreign shareholders not bearing the title of manager in companies other than joint stock companies.

Those granted an exemption of up to four months:

• Foreign nationals who are to undertake an internship within the framework of universities’ international student exchange programmes (Erasmus, AIESEC, Farabi and the like); where those programmes are approved by the Directorate General of International Labour Force, the period is extended to up to 12 months.

Those granted an exemption of up to six months:

• Those who are to work in seasonal agriculture and livestock work determined by the Directorate General of International Labour Force,
• Foreign nationals notified by the relevant public institutions and organisations as being likely to make an important contribution to our country in the fields of education, technology, the economy or socio-cultural affairs,
• Foreign nationals who are to work at fairs and circuses operating outside the boundaries of certified tourism undertakings.

Those granted an exemption of up to eight months:

• Foreign nationals who are to serve in the capacity of tour operator representative.

Those granted an exemption for the duration of the duty, the training or the contract:

• Athletes, trainers, physiotherapists, masseurs and similar personnel who come to the country on a visa annotated for sport upon the favourable opinion of the Turkish Football Federation (TFF) and the Ministry of Youth and Sports, for the duration of the contracts they have signed with clubs in Türkiye,
• Those serving in our country within the scope of the financial cooperation agreements between Türkiye and the European Union, throughout their periods of work,
• Foreign seafarers serving on vessels registered with the Turkish International Ship Registry that sail outside the cabotage line, until their employment contract comes to an end,
• Foreign university students who are enrolled on a formal education programme in Türkiye and who have a compulsory internship, for the duration of the internship,
• Those present in the capacity of officials at the diplomatic or consular representations of foreign states in Türkiye, for the duration of their duties; and those working at the same places under an employment contract, until their contracts come to an end,
• Foreign nationals serving at schools, cultural institutions and religious institutions operating in the capacity of an affiliated unit of the said representations, throughout their duties,
• Foreign nationals who come to Türkiye for the TUS or DUS examination, for the duration of their training,
• Foreign nationals undertaking specialist training in medicine or dentistry, throughout their training,
• Foreign personnel, researchers and managers who are to serve within the Turkish-Japanese University of Science and Technology, for the duration of their employment contracts,
• Those working at factories or shipyards within the Ministry of National Defence (MSB) or within the Mechanical and Chemical Industry Corporation (MKE), throughout their employment contracts.

The documents required for an exemption application are limited: supporting documents relating to the person’s educational status and, where applicable, to the workplace; a passport or a document taking the place of a passport that retains its validity; and a biometric photograph of the foreign national.

All the details of the exemption regime may be obtained from our note entitled work permit exemption.

The Position of Syrians Under Temporary Protection

Work permit requests by Syrian citizens are assessed within the framework of the provisions relating to the status of foreign nationals granted temporary protection. The rules on the subject are contained in the Regulation on the Work Permits of Foreign Nationals Granted Temporary Protection.

The conditions sought in order for a permit to be obtained are as follows:

• The person concerned must hold a temporary protection identity document together with a foreigner identification number beginning with 99; the said number is allocated together with the temporary protection identity document.
• The person must have been present in Türkiye under temporary protection for at least 6 months as at the date of the application.
• In professions requiring pre-approval, such as teaching, medicine and academic work, a pre-approval certificate must have been obtained from the Ministry of National Education, the Ministry of Health or the Council of Higher Education.
• The request must not relate to one of the professions that may be practised only by Turkish citizens.
• The application must be made for one of the occupations kept open by the Ministry to foreign nationals under temporary protection.
• The conditions relating to the provincial and employment quotas must have been satisfied at the workplace at which the employment is to take place.

The Ministry’s assessment criteria and the application of the employment quota are addressed in detail in our note entitled work permits for Syrians.

The Special Regime Granted to Foreign Nationals of Turkish Descent

Foreign nationals notified by the Ministry of the Interior or the Ministry of Foreign Affairs as being of Turkish descent may apply in order to practise those of the occupations and professions reserved to Turkish citizens for which there is a need in our country. That work is, however, limited to public institutions other than the Turkish Armed Forces and the Security Organisation, and to private undertakings and workplaces.

The details of the subject are examined in our note entitled work permits for foreign nationals of Turkish descent.

Fees, the Valuable Paper Charge and the Payment Period

Various fees and expenses must be paid both on the first application and on requests for the extension of the period. Alongside these items, the valuable paper charge is also paid; with effect from 01.01.2023, the valuable paper charge relating to the foreign work permit document has been set at TRY 356.

NOTE: Where the fee and the valuable paper charge requested are not paid within 30 days of the date on which the notification was made, the application is removed from processing. For that reason it must be ensured that both items are paid separately and within the period.

The Time Within Which the Application Is Concluded

The Ministry decides the work permit applications reaching it within 30 days at the latest.

Refusal of the Application and Remedies Against a Refusal Decision

The refusal of an application stems from non-compliance with the criteria enumerated in subparagraphs in Article 9 of the International Labour Force Act. The principal situations that may result in refusal are as follows:

• Applications founded on forged or misleading information and documents,
• Applications whose justification for the employment of a foreign national is not considered sufficient,
• Applications made for occupations and professions reserved to Turkish citizens by other statutes,
• Applications concerning foreign nationals who are found not to possess the requisite qualifications and expertise,
• Applications not made within the statutory period, or whose deficiencies have not been remedied,
• Applications that do not satisfy the assessment criteria determined by the Ministry,
• Applications concerning foreign nationals notified by the Ministry of the Interior as falling within the scope of Articles 7, 15 and 54 of Law No. 6458 (foreign nationals who are not to be permitted entry into Türkiye, who are not to be granted a visa, or in respect of whom a deportation decision has been taken fall within this scope),
• Applications concerning foreign nationals whose working in Türkiye is considered objectionable in terms of public order, public security or public health,
• Applications in respect of which payment has not been made within thirty days of the notification relating to the payment of the fee and the valuable paper charge.

The presence of only one of the grounds listed is sufficient for the refusal of the application. Moreover, the grounds of refusal are not limited to this enumeration. Two routes are open to the foreign national against a refusal decision: objection and an action for annulment. Where the route of objection is taken first, the period for bringing an action is suspended; an action may also be brought upon the refusal of the objection.

Objections are made within 30 days of the date on which the refusal decision was notified to the foreign national, and through the e-permit system. A petition of a legal character relating to the subject matter of the objection must be prepared for the application, and the information and documents supporting the grounds in the petition must also be attached. The documents, and hence the application, must be uploaded to the system bearing an electronic signature.

An action for annulment, on the other hand, is brought before the administrative court within the 60-day period beginning on the day following the notification. If an objection has been made first, the period for bringing an action will be suspended. By way of example, if an objection was made on the 15th day following the notification of the refusal decision, 45 days remain in which to bring an action, running from the day following the notification of the decision given on the objection.

In these applications the drafting of the petitions within a legal framework is decisive. It must first be established on the basis of which article of the statute the application was refused, and thereafter a petition appropriate to the relevant provision and to the concrete situation must be prepared. Otherwise a fresh refusal of the application arises. In order for the process to be conducted effectively and swiftly, it is appropriate to consult a lawyer experienced in the field of the law on foreign nationals.

The comprehensive assessment in which all the grounds of refusal and the relevant articles of the statute are examined is contained in our note entitled refusal of a work permit application.

Making a Fresh Application Following a Refusal Decision

The refusal of an application is no obstacle to a fresh application being made.

The most important matter to be observed in repeat applications is that the deficiencies forming the subject of the refusal decision have been remedied. For that reason, before proceeding to a fresh application the deficiencies must be correctly identified and an application prepared, this time, in due form. Otherwise it is highly likely that a second refusal decision will be encountered.

Cancellation of the Work Permit by the Ministry

The loss of validity of the permit or its cancellation by the Ministry is regulated in detail in Art. 15 of the International Labour Force Act. Under the first paragraph of that article, a work permit and a work permit exemption lose their validity upon the expiry of the period or upon cancellation by the Ministry. Cancellation is possible in the following cases:

• The foreign national’s failure to come to the country within 6 months after the permit or the exemption has acquired validity,
• Failure to extend the period of the passport or of the document taking the place of a passport (cases in which there is a favourable opinion of the Ministry of the Interior or of the Ministry of Foreign Affairs fall outside this),
• It being established that the foreign national has worked in a manner contrary to the provisions laid down in the Act,
• Their work coming to an end for any reason,
• It subsequently being understood that the permit application was founded on forged or misleading information and documents,
• Their failure to submit the information and documents requested within the transition period despite falling within the scope of Article 11, or it being established that they have lost those qualities,
• Notification by the Ministry of the Interior that the person concerned falls within the scope of Articles 7, 15 and 54 of Law No. 6458,
• Notification by the relevant institutions and organisations that their working in Türkiye is considered objectionable in terms of public order, public security or public health,
• Remaining abroad without interruption for a period exceeding six months in the case of fixed-term permits and one year in the case of independent and indefinite permits, save in cases of health grounds amounting to force majeure or of compulsory public service,
• Where the person holds a Turquoise Card, the period spent abroad exceeding the period determined by the Ministry.

Where the permit is cancelled, two legal possibilities are open to the foreign national: objection and an action for annulment. The operation of both routes is the same as the procedure explained above in relation to the refusal of an application.

Extension of the Permit Period

Extension requests are made through the e-permit automation system. The request must be made within the window that opens at most 60 days before the date on which the existing permit is to expire and, in any event, before the permit period comes to an end.

If an extension request made after a one-year period of lawful work is assessed favourably, a permit of at most 2 years may be granted on the first extension and of up to at most 3 years on subsequent extensions, in each case with the same employer.

Foreign nationals who have made an extension application may continue to work at the same workplace and in the same profession, provided that 90 days are not exceeded from the date on which the permit period came to an end and that the nature of the work they perform does not change. Work performed during that period likewise counts as lawful work.

Applications made in order to work for a different employer, and extension requests made after the permit period has expired, are assessed according to the procedure and principles governing a first application.

All the details of extension procedures are addressed in our note entitled work permit extension.

Refusal of an Extension Request

The refusal of an extension application arises on grounds such as the request not having been made within the period, non-compliance with the procedure laid down in the legislation, or failure to obtain the requisite documents.

A foreign national whose request is refused may object to that decision or bring an action for annulment. The exercise of the legal possibilities in question is subject to the procedure explained above in relation to the refusal of an application.

Penalties for Employing Foreign Nationals Without a Permit

The employment of foreign nationals without a permit gives rise to an administrative fine in respect of both the employer and the foreign national. The amounts prescribed for 2023 are as follows:

In addition, foreign nationals found to be working without a permit document are notified to the Ministry of the Interior with a view to deportation. Matters such as these persons’ entry into Türkiye, their passport, visa and residence permit are examined; in respect of those without lawful status, deportation proceedings are conducted by the Presidency of Migration Management.

NOTE: Where the foreign national commences work, ceases to work, or a situation arises requiring cancellation of the permit, the employer must notify that change to the relevant institution within 15 days. Failure to make the notification gives rise to an administrative fine of TRY 2,378 for 2023.

All the details of the subject are examined in our note entitled the penalty for employing illegal foreign workers.

Frequently Asked Questions

The work permit process brings with it many questions that give rise to doubt for the foreign employee and the employer alike. The questions most frequently put in practice are answered below.

Does a Work Permit Make Obtaining a Separate Residence Permit Unnecessary?

A work permit or a work permit exemption issued under the International Labour Force Act takes the place of a residence permit. By contrast, the document issued to conditional refugees, to applicants for international protection and to those with temporary protection status does not serve as a residence permit.

May a Residence Permit Be Obtained for the Permit Holder’s Spouse and Children?

The permit document issued by the Ministry affords the foreign national both the right to work and the right of residence throughout its period of validity. Since a family residence permit may be obtained for the spouse and children of a foreign national holding one of the residence permits, the family members of a foreign national holding a work permit may likewise obtain a residence permit.

How Is the Permit Terminated If the Foreign National Leaves the Job?

Where the foreign national leaves the job, termination of the permit is effected by creating a termination request through the e-permit automation system. When the relevant button in the system is pressed, a petition is generated automatically; once the petition is signed with an electronic signature, the system brings the permit to an end of its own accord.

Where the foreign national holding the permit acquires Turkish citizenship, the employer may request the cancellation of the document online through the system, or may notify the situation to the Ministry by a petition bearing a wet signature. At that stage the production of the identity document establishing that Turkish citizenship has been acquired is also required. At the same time, the person’s Turkish identification number must be notified to the SGK and the existing foreign national record updated.

Where and Within What Period Is the SGK Registration Made?

The period allowed for the SGK registration is 30 days under both procedures. That period is calculated, in domestic applications, from the date of approval and, in overseas applications, from the date on which the foreign national entered the country. The notification is made to the SGK unit to which the workplace is affiliated; the insured-person registration must be effected in a manner that does not fall below the salary declared to the Ministry.

May a Foreign National Holding a Permit Work at Any Workplace They Wish?

The work permit document issued in our country is granted on the basis of a particular workplace or undertaking. There is no permit system affording foreign nationals the possibility of working at any workplace they wish. Accordingly, it is not possible for foreign nationals holding a permit to work at a workplace outside the scope of the document.

What Happens If the 10 Working-Day Period Is Exceeded in Overseas Applications?

In applications made from abroad, exceeding the 10 working-day period gives rise to no difficulty, since the provision laying down that rule has been repealed. Accordingly, the 10 working-day period has no application today.

The Regulation in force provides that the foreign national’s work permit application is to be completed by the employer, by approval through the system, within 30 days of the work visa application. In consequence, in overseas applications the 10 working-day period has been converted into 30 days by the new Regulation.

What Notifications Must Be Made Once the Permit Has Been Issued?

Employers who employ foreign nationals, and foreign nationals holding an indefinite or independent work permit, are obliged to notify the Ministry of the commencement and the termination of the work, and of situations that will require cancellation of the permit or the exemption, within 15 days.

What Happens If the Deadline for an Extension Application Is Missed?

Extension requests must be made at the latest before the permit period comes to an end. Extension applications made after the expiry of the period are assessed according to the procedure and principles governing a first application.

What Is the Function of the Electronic Signature in the Application?

The electronic signature denotes electronic data appended to other electronic data, or having a logical connection with it, and used in the verification of identity. It is regarded as equivalent to a handwritten signature; data created with a secure electronic signature has the character of a deed and counts as conclusive evidence until the contrary is proved.

Employers wishing to employ foreign personnel in Türkiye have, since 2018, made their applications through the e-permit automation system and uploaded the requisite information and documents to that system. Once all the tabs of the application in the system have been completed, the transaction must be finalised with an electronic signature. Otherwise, even if the information has been entered in full, applications saved without being signed with an electronic signature fall into the section for incomplete applications.

Is Address Notification Compulsory?

Article 27 of the Law on Foreigners and International Protection No. 6458 lists the work permit and the exemption confirmation document among the documents taking the place of a residence permit. For that reason foreign nationals holding a permit are obliged to make an address notification to the provincial directorate of migration management within 20 working days following the date on which they entered the country.

General Assessment

Obtaining a work permit denotes a legal process containing a great many procedural steps. The conditions, qualifications and documents laid down in the legislation differ for each category of permit. For that reason the category of permit most appropriate to the foreign national’s situation must first be determined, and the application made only after that determination has been made. Otherwise the refusal of the application, or a marked lengthening of the time taken to obtain the permit, arises.

Independent Legal Assessment

In work permit files, a significant proportion of refusal decisions stem not from a legal impediment but from deficiencies at the preparation stage. The employment of five Turkish citizens, the capital or turnover threshold and the salary floor that varies by profession are criteria that can be verified from the undertaking’s records before the application is made. An application uploaded to the system without that verification gives rise to a loss of both fees and time.

The second decisive element in managing the process is the calendar. The extension request must be made before the permit period expires, the fee and the valuable paper charge must be paid within thirty days of the notification, and the SGK registration and the address notification must be completed within their own periods. Missing one of these periods more often than not requires the application to be made afresh.

In a concrete file, the following headings should be assessed first:

• Determining the category of permit most appropriate to the foreign national’s position, having regard also to the possibility of an exemption
• Verifying from the records whether the undertaking satisfies the employment, capital and turnover criteria
• Structuring the salary in the contract above the minimum threshold prescribed for the profession
• Obtaining the sector-specific pre-approval and equivalence certificates before the application
• Monitoring the post-permit notification obligations by placing them in a calendar
• Calculating together the thirty-day objection period and the sixty-day period for bringing an action in the event of a refusal or cancellation decision

Independent Legal provides advisory services and the conduct of litigation at every stage of applications relating to the employment of foreign nationals, from their preparation to the objection and litigation processes to be pursued against decisions of refusal and cancellation.