The Turquoise Card: Requirements, Application Process and the Rights It Confers

Foremost among the instruments Türkiye has created in order to attract qualified foreign labour and investors is the Turquoise Card. This document, which grants its holder the possibility of working and residing without any time limit, also confers on the holder’s spouse and dependent children the right to remain in Türkiye.

The principal reason for the growing interest the card has attracted in recent years is the scope of the rights it offers. The Turquoise Card is not, however, a general type of permit for which anyone may apply; the legislation has defined on an exhaustive basis the groups of foreign nationals to whom the card will be granted, and has laid down separate assessment criteria for each group.

In this briefing note we address to whom the card may be granted, where and by what procedure the application is to be made, how the points system operates, the consequences of the three-year transition period, the documents required, the grounds of cancellation and the legal remedies available against adverse decisions.

The Concept of the Turquoise Card

The Turquoise Card is a document conferring on the foreign national holding it the right to work and reside in Türkiye without limit of time, and granting the holder’s spouse and dependent children the possibility of residence. Nor is the advantage the card provides confined to this: where the conditions required by the legislation are met and the prescribed procedure is completed in full, the route to the acquisition of Turkish citizenship is also opened to the card holder.

To Which Foreign Nationals May the Card Be Granted?

The groups of foreign nationals to whom the card will be granted, and the qualities required for an application, are determined by Article 11 of the International Labour Force Act No. 6735 and Article 5 of the relevant Regulation. Those falling within the framework drawn by the legislation may be summarised as follows:

• Foreign nationals who have achieved success on an international scale in the fields of culture, art or sport
• Persons carrying on international activities in matters concerning the national interests of the country, who serve the recognition of Türkiye or of Turkish culture at international level
• Foreign nationals regarded as highly qualified labour in terms of their educational background, professional accumulation, experience and contribution to the field of science and technology
• Persons accepted as highly qualified investors by reason of the employment, export and investment dimensions of their activity, or of their contribution to scientific and technological advancement
• Scientists and researchers who serve the advancement of science or technology, or who carry out research and work of strategic value in those fields from the standpoint of the country’s interests

Membership of one of these groups is a mandatory but not, in itself, a sufficient condition for an application. In addition, the applicant must not be among the foreign nationals whose entry into Türkiye is barred or to whom a visa is not issued.

Foreign Nationals Who May Not Apply

It is not legally possible for foreign nationals falling outside the categories listed in Article 5 of the Regulation to request a Turquoise Card. The scope of those groups has been explained above. Furthermore, foreign nationals to whom the issue of a visa is not envisaged and persons whose entry into the country is not accepted may likewise not apply for the card.

When the relevant provisions are assessed together, the foreign nationals who have no right to apply may be listed as follows:

• Those in respect of whom a deportation decision has been taken
• Those whose entry into Türkiye is prohibited pursuant to Article 9 of the Law on Foreigners and International Protection No. 6458
• Those who do not hold an officially valid passport, a document taking the place of a passport, a visa, or a residence or work permit; and those who have obtained such documents by forgery or deception
• Those who do not hold a passport or a document taking the place of a passport with at least 60 days of validity remaining as from the expiry of the residence permit period, the visa or the visa exemption
• Those unable to submit a passport or equivalent document valid for at least 60 days beyond the period of the visa to which the application relates
• Those assessed as constituting a danger to public order or public security
• Those carrying one of the diseases regarded as a threat to public health
• Those bearing the status of accused or convicted person among offenders who must be extradited pursuant to international agreements to which the Republic of Türkiye is a party
• Those who do not hold health insurance that will remain valid throughout the period they will spend in Türkiye
• Those unable to base the ground for their presence in the country on justified reasons
• Those who do not have regular and sufficient financial means for the duration of their stay
• Those who refuse to pay debts, fines and receivables subject to enforcement arising from a previous residence permit or from a visa breach

The applicant must accordingly be in none of the situations set out in this table. The request of a person bearing one of the listed characteristics will be refused by the administrative authorities.

How Is a Turquoise Card Obtained?

The card is obtained where a foreign national possessing the qualities required by the Act makes an application in due form and the competent authorities, following their examination, respond favourably to that request. The assessment is conducted by reference to criteria such as the eligibility review and the points system, and at the end of the process the application results either in acceptance or in refusal.

The Authority to Which the Application Is Made and the Procedure

Foreign nationals present in Türkiye may make their applications directly and electronically through the Ministry’s Foreign National Application, Assessment and Monitoring System. For foreign nationals abroad the route is different: the application is made through the foreign mission of the Republic of Türkiye in the country of which the person is a national or in which the person is lawfully present. In that case the documents and information are first given to the mission, which then transmits them electronically to the Ministry.

Persons lawfully present in the country who have obtained a foreign identity number may make a request through the system without the need for an intermediary. It is also possible, however, for the application to be made through an authorised body; institutions and organisations authorised in this respect by the Ministry of Labour and Social Security may act as intermediaries in the process.

NOTE: Since work on the technical infrastructure of the Turquoise Card system is still continuing, Provisional Article 1 of the Regulation must be borne in mind, particularly as regards the application procedure. The provision reads as follows:

Turquoise Card Regulation, Provisional Art. 1
“Until the necessary technical infrastructure is completed by the Ministry, applications under this Regulation shall be made through the Automation System for Work Permits of Foreigners accessible via the e-Government gateway. Where the General Directorate considers it necessary, the documents uploaded to the system shall continue to be sent to the Ministry in paper form.”

In card applications it does not suffice that the substantive conditions alone be met; completing the application by the correct procedure is likewise decisive. A step omitted at any stage of the process may produce adverse consequences. It is for this reason recommended that the application be conducted with the assistance of a lawyer experienced in this field.

The Assessment Stage

In domestic applications the application is deemed complete upon the uploading of the documents to the system, and in applications from abroad upon their delivery to the foreign mission and their electronic transmission from there to the Ministry. From that moment the examination process begins before the competent administrative authority.

The examination is carried out through a points system structured according to criteria determined by the General Directorate within the framework of international labour force policy. Under that system, the requests of foreign nationals exceeding the required threshold are concluded favourably.

The Certificate of Eligibility

The certificate of eligibility is a document issued by the relevant public institutions and organisations establishing that foreign nationals who bear the status of highly qualified investor, scientist or researcher, or who have achieved success in the fields of culture, art and sport, and who wish to obtain a Turquoise Card, possess those qualities. In order to obtain the certificate, a request to that effect must be submitted to the public institutions and organisations determined by the General Directorate.

Two matters must not be confused here. The certificate of eligibility is not the card itself; nor does the fact that this certificate has been issued mean that the card will necessarily be granted. It may, however, be said that the certificate is a factor strengthening the likelihood that the application will be concluded favourably.

The matter is expressly regulated in the fourth paragraph of Article 10 of the Regulation:

Turquoise Card Regulation, Art. 10(4)
“The certificate of eligibility shall not confer any vested right as to the favourable assessment of a Turquoise Card application.”

How the Points System Works

The points system is an assessment tool serving to determine the criteria expected to be met during the examination of the application. Separate criteria are provided for each group of foreign nationals who may request the card, and those criteria are likewise determined under the Regulation. The criteria taken into account by group are set out below:

• For a scientist or researcher: academic title and career history, registered patents, trade marks or licences, activities directed at innovation, and the assumption of significant duties or the pursuit of professional activity in the field of research and development or in sectors regarded as strategic for the country’s economy, such as mining, energy and defence.
• For a foreign national regarded as a qualified investor: the volume of exports and imports, the size of the investment, the sector and region in which the investment is to be made and the nature of the business, and the person’s movable and immovable assets and intellectual and industrial rights in Türkiye.
• For a foreign national accepted as qualified labour: educational status and the standing of the university from which the person graduated, the level of remuneration, experience acquired in research and development work or in highly qualified work requiring expertise, and the compatibility of that experience with the work or profession to be pursued.
• For sportspersons: the licence held in the sport concerned, rankings and awards obtained in team or individual competitions, the achievements of the club to which the person belongs, the existence of national sportsperson status in the country of nationality, and similar criteria establishing such qualities.
• For owners of works of intellect and art: the level of recognition of the works, awards won on a national or international scale, and other criteria establishing competence.
• For foreign nationals contributing to the recognition of Türkiye or of Turkish culture: the duration, sustainability and continuity of the promotional activity carried out and the breadth of its field of influence.

The General Directorate first places the applicant foreign national in one of these categories; it then carries out an assessment by reference to the criteria applicable to that category. The better the criteria are met, the higher the points awarded. Where the threshold score is exceeded, the Directorate General of International Labour Force assesses the application favourably.

NOTE: The criteria taken as the basis of the points system are published by the Directorate General of International Labour Force at six-monthly periodic intervals. With these publications an existing criterion may be amended or repealed, or new criteria may be added.

Before embarking on an application it is therefore appropriate to examine the current criteria on the General Directorate’s official website and to prepare accordingly.

The Three-Year Transition Period

Where the application is concluded favourably, the card is not granted to the foreign national on an indefinite basis at the outset. While the rights conferred by the card are enjoyed, the foreign national is subject to a transition period of 3 years. Throughout this period, whether the person continues to satisfy the required conditions and whether the undertakings given have been performed are regularly monitored by an expert assigned by the General Directorate.

The expert charged with monitoring draws up, in 12-month periods within the 3-year transition period, a report showing whether the foreign national has acted in accordance with the undertakings given, and transmits it to the General Directorate.

Where any information or document is needed during the preparation of the report, the foreign national is obliged to transmit it to the Ministry within 15 days. Failure to comply with this obligation may lead to cancellation of the card. As a rule, information and documents are transmitted through the system; the General Directorate may nevertheless allow submission by other means of communication.

Where a deficiency is identified as a result of the report, a period of 3 months is granted to the foreign national to remedy it. If the deficiency is made good within that period, the transition process continues without interruption. If it is not remedied within the period granted, the transition process is brought to an end and the card is cancelled.

Removal of the Transition Period Annotation

If no adverse matter has arisen during the transition period and the undertakings given in the application have been performed, the foreign national may request the removal of the transition period annotation. Upon acceptance of that request, an indefinite Turquoise Card is issued to the person.

The first paragraph of Article 18 of the Regulation regulates the matter as follows:

Turquoise Card Regulation, Art. 18(1)
“The transition period annotation on the Turquoise Card of a foreign national whose card has not been cancelled during the transition period and whose request for removal of the transition period annotation is found appropriate shall be removed, and the Turquoise Card shall become indefinite.”

The procedure by which the annotation is to be removed is set out in Article 17 of the Regulation. Under that provision, the request that the three-year transition period be lifted and the card made indefinite must be submitted within the final 180 days of the transition period.

NOTE: Even where all undertakings have been performed in full, the transition period does not lapse of its own accord upon the expiry of the 3 years. Removal of the annotation and the card’s acquisition of indefinite character are possible only upon request. If no such request is submitted, the card will lose its validity at the end of the transition period. For this reason the removal request must without fail be made within the final 180-day window.

Where the foreign national makes such a request, the assigned expert prepares a report within 30 days. If the report is favourable, the General Directorate removes the transition period annotation and the foreign national obtains an indefinite Turquoise Card. If the report is unfavourable, cancellation of the card or extension of the transition period may be decided upon.

Documents to Be Submitted with the Application

The documents required for the application are listed in Article 8 of the Regulation. The documents that a foreign national applying from within the country must upload to the system, and that an applicant from abroad must deliver to the Turkish foreign mission, are as follows:

Common documents required in all applications:

• A copy of the passport or of the document taking the place of a passport
• The application petition
• The certificate of eligibility, where applicable, to be obtained from the relevant public institution or organisation

Specific documents varying according to the foreign national’s qualities:

• For a scientist or researcher; the diploma, a document establishing the academic title, the academic work carried out, and documents relating to patents, licences and trade marks.
• For a foreign national within the scope of qualified labour; the diploma, the employment contract, a curriculum vitae, the assignment or appointment letter, and internationally valid documents establishing professional experience and the foreign languages known.
• For a foreign national within the scope of qualified investor; documents showing the amount of the investment, the financial position, the volume of exports, the rate of employment, and the sector and region of activity.
• For a foreign national who has achieved national or international success in the cultural, artistic or sporting field; documents establishing that success and the awards received.
• For a foreign national contributing to the recognition of Türkiye or of Turkish culture; documents relating to activities carried out at international level in the capacity of Turquoise volunteer, together with documents establishing works of intellect and art and their duration, sustainability, continuity and field of influence.

NOTE: The Directorate General of International Labour Force may, in addition to the above, request separate specific documents from each group of foreign nationals; it may make additions to the list as well as deletions from it. Before applying, the current list of documents must therefore be checked on the Directorate’s website.

Documents obtained from abroad must, moreover, be submitted to the competent authority together with an apostille and a notarised Turkish translation. Failure to comply with this condition may cause the process to be prolonged or the application to be concluded unfavourably. At this stage it will be appropriate to obtain support from a lawyer specialising in the law on foreigners.

Acquisition of Turkish Citizenship by Card Holders

On the basis of a Turquoise Card, not only the card holder but also the holder’s spouse and children who are minors or in need of special care may acquire Turkish citizenship. For this it is required that the three-year transition process has been completed without difficulty and that there is no impediment, in terms of public order and national security, to the admission of the card holder and those relatives to Turkish citizenship.

Where these conditions are met together, the card holder and the relatives specified may acquire Turkish citizenship upon the proposal of the Ministry of Labour and Social Security and by decision of the President.

Application Costs

The amount payable on application has been set at TRY 356 for 2023.

Pursuant to Article 88 of the Fees Act No. 492, the applicant foreign national is exempt from residence and work permit fees. The same exemption applies in respect of the card holder’s relatives who will obtain residence permits. The amount stated above is not a fee but the cost of the valuable paper. In addition, further costs such as notarial expenses and the cost of translating documents obtained from abroad may also arise.

How Long Does the Application Take to Conclude?

Turquoise Card applications are decided within an average of 1 month.

The workload of the administration or deficiencies in the documents submitted may nevertheless prolong the process. It is therefore important that the application file be prepared in full and that the process be followed carefully.

Refusal of the Application

Where certain situations are present, a Turquoise Card request is refused. The grounds of refusal are regulated in Article 12 of the Regulation, and under that provision applications bearing the following characteristics are concluded unfavourably:

• Applications incompatible with international labour force policy
• Applications that do not meet the criteria determined by the Ministry
• Applications founded on misleading or forged documents
• Applications in which the justification for the employment of a foreign national is found insufficient
• Applications made by foreign nationals who are not permitted to enter the country
• Applications by foreign nationals in respect of whom a deportation decision exists
• Applications relating to professions open only to Turkish citizens, such as notary, judge and public prosecutor
• Applications by foreign nationals whose employment in Türkiye is considered objectionable in terms of public order, public security or public health

In addition, applications made after the expiry of the relevant period, and applications in which a deficiency in the documents has not been remedied within the period granted by the administration, are also refused. For a foreign national faced with such a decision, the routes of objection and of an action for annulment are open.

Objection and Action for Annulment Against a Refusal Decision

Where the request is refused, the foreign national may make the decision the subject of an objection before the Directorate General of International Labour Force, and may equally bring an action for annulment before the administrative court.

The period allowed for an objection to the administration is 30 days from notification of the decision. The period for bringing an action for annulment before the administrative court is 60 days from the day following notification. If an objection is made to the administration within the first 30-day window, the 60-day period for bringing an action is suspended. Where the objection is refused, an action for annulment may be brought during the remaining part of the 60-day period, running from the day following notification of the refusal decision.

A concrete example clarifies the matter. If the right of objection is exercised within the 30-day period, on the 10th day for instance, the 60-day period for bringing an action is suspended at that moment. When the objection has been examined and refused, an application may be made to the administrative court within 50 days following notification of the refusal decision.

As will be seen, care must be taken both as to the time limits and as to the procedural steps. The details of the process and the procedures to be followed are addressed separately in our note on the refusal of a work permit.

Cancellation of the Card

The situations that may lead to cancellation of the Turquoise Card are listed in Article 22 of the Regulation. Where one of the grounds provided for in that article materialises, the card is cancelled. Those grounds are as follows:

• The card holder personally requesting cancellation
• The foreign national not having come to Türkiye within 6 months following the date of validity of the card
• Remaining abroad for an uninterrupted period exceeding 2 years in the absence of force majeure
• The validity period of the passport or of the document taking the place of a passport not having been extended
• It being established that the foreign national has worked unregistered or contrary to the legislation
• Not working continuously for at least 1 year
• It emerging that the application was founded on misleading or forged information and documents
• Failure to submit in time, during the transition period, the documents requested by the administration
• It being apparent from the monitoring reports that the foreign national has lost the qualities that are essential for the card
• The foreign national coming to be among the persons to whom a visa will not be issued or whose entry into Türkiye will not be permitted, or a deportation decision existing in respect of the person
• It being established that the foreign national’s employment in the country constitutes a danger in terms of public health, public security or public order

The occurrence of one of these situations results in cancellation of the card. Upon cancellation the card loses its validity, and the work and residence permits obtained by virtue of the card also come to an end.

Objection and Action for Annulment Against a Cancellation Decision

The routes of objection and of an action for annulment to be pursued against cancellation of the card are the same as the procedure and provisions envisaged against refusal of an application. The 30-day and 60-day periods must accordingly be taken into account here as well. The detailed operation of the process has been explained in the section on refusal of the application.

Rights and Obligations of the Card Holder

The rights and obligations of a foreign national holding a Turquoise Card are regulated in Article 19 of the Regulation. Under that provision, the card holder benefits from all the rights conferred by an indefinite work permit.

In this context the card holder is exempt from military service obligations; the holder may not, on the other hand, be employed as a public official in Türkiye and may not exercise the right to vote or to stand for election. In the field of social security, the holder’s vested rights are preserved and the holder is at the same time subject to the obligations in that field.

Although card holders do not bear the status of Turkish citizen, they may benefit from the same rights as Turkish citizens save for a limited number of exceptions. They may carry out transactions in matters such as travel, residence, work, investment, commercial activity, inheritance and the acquisition of movable and immovable property. Where the exercise of the right in question is reserved to Turkish citizens alone, however, the card holder may not benefit from that right.

Another important right is that the possibility of acquiring Turkish citizenship is afforded not only to the card holder but also to the holder’s spouse and to children who are minors or in need of special care. The details of this matter have been addressed above.

Since the card holder holds an indefinite work permit, it will also be useful to consult our note on work permits as regards the scope of the permit and the rights it contains.

The Turquoise Card Holder’s Relative Card

The card holder’s relative card, regulated in Article 20 of the Regulation, is obtained by entering into the system the information and documents requested by the General Directorate. This document is issued to the foreign spouse and dependent children of the Turquoise Card holder. That card does not, however, take the place of a work permit; it functions solely as a residence permit.

The relative card remains valid for as long as the Turquoise Card retains its validity, and provides the card holder’s relatives with the possibility of residing in Türkiye. Where the Turquoise Card is cancelled or loses its validity, the relative card is cancelled by the General Directorate.

Residence Permits for the Spouse and Children

The residence permit for the card holder’s spouse and children is regulated in Article 7 of the Regulation. Under that provision, the spouse and dependent children may obtain a right of residence by submitting their residence permit requests simultaneously with the card application. The application is made through the Automation System for Work Permits of Foreigners.

Where, in card applications made from abroad, the information necessary for the relative’s application is not available, a residence permit request may be made within 90 days of the date of entry into Türkiye, provided that the visa periods are not exceeded.

As regards the documents required in the residence permit application to be made for the spouse and dependent children, the following distinction applies: where the application is for the spouse, the marriage certificate or a document establishing the marriage is submitted; where it is for a child, a document showing the custodial link is submitted.

NOTE: The residence permit obtained by this route and the possibility of residence provided through the relative card differ from one another. The right of residence explained under the preceding heading and obtained through the relative card comes to an end when the Turquoise Card loses its validity. By contrast, where a residence permit has also been applied for together with the card application and the permit has been obtained, the relatives’ right of residence continues to exist independently of the Turquoise Card.

As regards the application procedure, reference must also be made to the second paragraph of Provisional Article 1 of the Regulation:

Turquoise Card Regulation, Provisional Art. 1(2)
“Until the necessary technical infrastructure is completed by the Ministry, the procedures for granting a residence permit to a relative of a Turquoise Card holder shall be carried out by the provincial directorates of migration management.”

Retirement in Türkiye for Card Holders

It is possible for foreign nationals holding a Turquoise Card to retire in Türkiye. Subject to the exceptions listed in Article 19 of the Regulation, such persons have the same rights as Turkish citizens as regards social security. That article provides that vested rights in this field are to be preserved. Other legislative provisions have nevertheless closed off the possibility for card holders to become voluntarily insured and to make foreign service borrowing.

Can Syrian Nationals Obtain a Turquoise Card?

Syrian nationals under temporary protection status may not obtain a Turquoise Card. Pursuant to the sixth paragraph of Article 11 of the International Labour Force Act No. 6735, the provisions relating to the card do not apply to persons within the scope of temporary protection. Syrian nationals who do not hold that status, and other foreign nationals, may by contrast apply for the card where they meet the conditions.

Independent Legal Assessment

The Turquoise Card is a type of permit of an exceptional character in the law on foreigners. A significant proportion of the problems encountered in practice stems from the card being treated as a general work permit open to everyone. The legislation has, however, both listed exhaustively the groups of foreign nationals who may apply and introduced different criteria for each group. The first step in preparing the file is therefore to identify correctly the category into which the applicant falls and to construct the set of documents according to that category.

The second critical limb of the process is the transition period. It is often overlooked that the three-year period does not convert into an indefinite card of its own accord, and that the card will cease to be valid if the removal request is not made within the final 180-day window. In the same way, the operation of the 30-day and 60-day periods in refusal and cancellation decisions is a factor that directly determines whether rights are lost.

In drawing up a road map in a specific file, the following matters should in particular be brought to the fore:

• Clarifying which of the groups listed in the legislation the applicant belongs to, and comparing the position against the points criteria in their current form
• Satisfying from the outset the requirement of an apostille and a notarised translation for documents obtained from abroad
• Establishing an internal follow-up mechanism so that information and documents requested during the transition period are transmitted within the 15-day period
• Placing the request for removal of the transition period annotation in the calendar within the final 180-day window
• Assessing whether the relatives’ right of residence can be secured through an independent residence permit rather than through the relative card
• Following, in adverse decisions, the periods for objection and for an action for annulment by calculating the remaining part of the suspended period

Independent Legal provides advisory services and conducts litigation in the field of the law on foreigners, from the preparation of a Turquoise Card application to the management of the transition period and the administrative and judicial proceedings to be pursued against adverse decisions.