Foreign employment in Türkiye is as a rule assessed against a single template: the employer must satisfy the minimum wage, employment ratio and capital criteria set by the Ministry. Certain categories of foreign nationals, however, are not put through this general filter by the legislation. The work permit under the exception regime denotes precisely this second route.
In practice this permit type offers a considerable advantage to employers and foreign nationals alike, because part of the general assessment criteria does not come into play. Ease, however, does not mean the absence of scrutiny. The Act and the Regulation enumerate one by one the persons who may benefit from the permit and lay down separate criteria for each category. An application made on behalf of a foreign national falling outside that enumeration will fail, however strongly it is reasoned.
In this briefing note we examine, in turn, the legal basis of the work permit under the exception regime, the categories of foreign nationals who may benefit from it and the conditions required for each, the application procedure conducted through the e-permit system, the fees payable, the extension procedure and the remedies available in the event of an adverse decision.
What Does a Work Permit Under the Exception Regime Mean?
The legal framework for this permit type is drawn by Article 16 of the International Labour Force Act. The provision enumerates the foreign nationals to whom a work permit may exceptionally be granted; the detailed criteria applicable to those persons are set out in Article 32 et seq. of the Regulation on the Implementation of the International Labour Force Act.
The logic of the system is as follows: where a foreign national falls within one of the categories listed in the Act and also satisfies the conditions prescribed in the Regulation for his or her own category, a permit may be granted without requiring every condition sought in the general work permit assessment to be met. The examination is therefore two-tiered — first whether the person falls within the statutory enumeration, and then whether he or she satisfies the special criteria set out in the Regulation.
Categories of Foreign Nationals Eligible for the Permit
Art. 16 of the International Labour Force Act enumerates exhaustively the foreign nationals to whom a permit may be granted by way of exception. The persons assessed within this scope are the following:
- Foreign nationals who have married a Turkish citizen and maintain the marital union in Türkiye
- Persons holding the citizenship of the Turkish Republic of Northern Cyprus
- Persons who are citizens of a European Union member state
- Foreign nationals notified by the Ministry of the Interior or the Ministry of Foreign Affairs as being of Turkish descent
- Persons regarded as qualified labour by reference to criteria such as educational background, the remuneration to be received, professional experience and contribution to science and technology
- Persons accepted as qualified investors by reason of the volume of employment they will create, the scale of their investment or exports, or their contribution to science and technology
- Foreign nationals assigned by their employer for a specified period to a project carried out in Türkiye
- Applicants for international protection, conditional refugees, persons under temporary protection, stateless persons and victims of human trafficking benefiting from the victim support process within the scope of Act No. 6458
- Persons serving without diplomatic immunity at the representations of foreign states and international organisations in Türkiye
- Persons who have gained international distinction through their achievement in their own field and who come to Türkiye for a scientific, cultural, artistic or sporting purpose
- Foreign nationals holding the position of cross-border service provider
The special conditions required by the legislation and the permit durations for each of these categories are addressed separately below.
Foreign Nationals Regarded as Qualified Labour
For a foreign national to be accepted as qualified labour, at least three of the criteria listed below must be satisfied together:
- That the total annual remuneration reaches or exceeds twelve times the upper limit of earnings subject to premium as determined by the Social Security Institution
- That the person has graduated from a reputable higher education institution
- That the person has professional experience in the field of R&D or design
- That the person has acquired professional experience at higher education institutions recognised at national or international level, or at organisations of standing in the field of science and technology
- That the person is able to use, at an advanced level, foreign languages to be determined by the Directorate General, other than his or her mother tongue
- That the person is to be employed in one of the sectors regarded by the Directorate General as strategic for the country’s development
- That the person meets the other conditions to be determined by the Directorate General in line with international labour force policy
The work permit issued for foreign nationals in this category may be for up to 5 years.
Foreign Nationals Regarded as Qualified Investors
The determination of qualified investor status likewise requires three criteria to be satisfied together. It is not necessary for these criteria to have been met already; an undertaking that they will be fulfilled within two years at most is also deemed sufficient. The matters sought are the following:
- That the capital allocated to the investment amounts to one million Turkish lira or more
- That annual exports reach or exceed one million five hundred thousand Turkish lira
- That employment is provided directly and on a continuing basis to at least ten Turkish citizens
- That the investment is made in sectors regarded by the Directorate General as strategic for development
- That an R&D or design centre complying with the legislation is established within the investment structure
- That the investment is directed towards regions accepted by the Directorate General as priority regions for development
- That, apart from the investment, the person holds movable or immovable property or an intellectual or industrial property right in Türkiye with a value of two million Turkish lira or more
- That the other conditions to be determined by the Directorate General in accordance with international labour force policy are met
A foreign national accepted as a qualified investor may likewise be granted a work permit for up to 5 years.
Foreign Nationals Assigned to a Project in Türkiye
What is decisive in this category is the nature of the project on which the foreign national will work. The project in question must either be carried out by a public institution or organisation, or must have been assessed by the Directorate General of International Labour Force as likely to make a high contribution to the national economy or to increase employment.
The permit issued for foreign nationals assigned to projects of this nature may extend to up to 3 years; the permit period may not, however, exceed the term of the employment contract.
Foreign Nationals Notified as Being 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 work in occupations and professions reserved by law to Turkish citizens, and in the trades and crafts for which there is a need in Türkiye. Such work may take place in public institutions other than the Turkish Armed Forces and the Security Organisation, in private organisations or at workplaces.
In order for these persons to be able to carry on the professions, crafts and occupations reserved to Turkish citizens and to be employed in them, they must hold the qualifications prescribed in the special legislation and discharge the obligations laid down there.
The application is examined by the Ministry of Labour and Social Security within the framework of international labour force policy, after obtaining the favourable opinion of the Ministry of the Interior and the Ministry of Foreign Affairs. If it is concluded that the criteria are met, a permit for up to 5 years may be issued to the foreign national of Turkish descent.
Citizens of the Turkish Republic of Northern Cyprus
Citizens of the Turkish Republic of Northern Cyprus do not need to obtain a work permit in order to take up posts at public institutions and organisations in Türkiye. By contrast, a permit is mandatory for citizens of the Turkish Republic of Northern Cyprus who are to be employed outside the public sector, for example in the private sector.
The work permit assessment criteria set out in Art. 22 of the Regulation on the Implementation of the International Labour Force Act are not applied to these persons. The permit issued may be for a maximum of 5 years and may not be longer than the term of the employment or service contract.
Foreign Nationals Married to a Turkish Citizen
Where at least 3 years have elapsed since the marriage and the marital union is actually maintained in Türkiye, the foreign spouse of a Turkish citizen may be granted a permit under the exception regime for up to 3 years. Here too the permit period may not be set so as to exceed the term of the employment or service contract.
Foreign Nationals Working at Representations Without Immunity
When applications made on behalf of persons serving without diplomatic immunity at the representations of foreign states and international organisations in Türkiye are examined, the opinion of the Ministry of Foreign Affairs is sought.
Foreign Nationals Distinguished in Science, Culture, the Arts and Sport
An application under the exception regime may be made on behalf of a foreign national who has attained an eminent position at international level through achievement in his or her own field and who comes to Türkiye for a scientific, cultural, artistic or sporting purpose. Satisfaction of the assessment criteria set out in Art. 22 of the Regulation on the Implementation of the International Labour Force Act is not required for these persons. The permit may be issued for up to 3 years, provided that it does not exceed the term of the employment contract.
Foreign Academic Staff to Serve at Higher Education Institutions
Foreign lecturers may also benefit from this permit type. Foreign academic staff to be engaged under contract at higher education institutions are appointed by the rector upon the proposal of the executive board of the relevant faculty, institute or school and with the favourable opinion of the university executive board.
These appointment or assignment procedures are not subject to the provisions of Civil Servants Act No. 657 requiring a Presidential decision; they are completed by obtaining a work permit from the Ministry of Labour and Social Security following the prior authorisation to be given by the Council of Higher Education.
The application is made through the system by the higher education institution that will employ the foreign national. The assessment criteria in Art. 22 of the Regulation on the Implementation of the International Labour Force Act are not applied to these persons either. The permit may be issued for up to 3 years, without exceeding the term of the employment or service contract.
R&D, Innovation and Design Personnel
Applications made in respect of a foreign national to be employed in the capacity of R&D, innovation or design personnel require a favourable opinion from the Ministry of Industry and Technology.
Foreign Experts to Serve Within the Ministry of Culture and Tourism
The work permit assessment criteria are not applied to applications made on behalf of these persons. Foreign experts to be assigned within the Ministry of Culture and Tourism on the basis of special legislation may take up their duties only after obtaining authorisation from the Ministry.
Embassy and Consulate Schools, Cultural and Religious Institutions
Applications made on behalf of foreign teachers who will serve at schools operating within embassies or consulates in Türkiye, of persons to be assigned to cultural institutions and of foreign nationals who will work at religious institutions are notified to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs transmits the files it approves to the Ministry of Labour and Social Security; the Ministry may then accept the application after also obtaining the favourable opinion of the Ministry of the Interior.
Where these foreign nationals are to work without being tied to an employer, they are obliged to make the application themselves through the system. In the same situation they must also pay the work permit fee and the valuable paper charge themselves.
Cross-Border Service Providers
The scope of the concept of cross-border service provider is determined in detail in Article 45 of the Regulation on the Implementation of the International Labour Force Act. Under the Regulation, the persons who may hold this status are the following:
- Those who will take part in professional events such as conferences, seminars, meetings and trade fairs
- Those who will carry out research of a scientific, technical or statistical nature
- Those who will conduct market research and analysis work
- Those who will attend in-service training programmes concerning business techniques
- Those who will take orders or conduct contract negotiations in the capacity of sales representative
- Those who will provide services in the field of freight or passenger transport
- Those who will undertake the installation, maintenance, repair and similar work of equipment and machinery within the scope of a sales contract
- Those who will provide operator services in respect of tours that began abroad
- Those who will provide translation and interpreting services
In addition, employees of companies, foundations and associations established abroad who provide services in Türkiye, as well as independently working members of the professions, may also be assessed within this scope.
Cross-border service providers are exempt from the work permit requirement in respect of work lasting less than three months. Where the work exceeds three months, a permit under the exception regime may be issued for up to three years, provided that it does not exceed the term of the employment contract. These permits cannot be extended.
Citizens of European Union Member States
The International Labour Force Act No. 6735 also lists citizens of European Union member states among the foreign nationals to whom a permit may be granted under the exception regime.
Foreign Nationals Under International Protection Status
Refugees, conditional refugees, foreign nationals under subsidiary protection and persons within the scope of temporary protection are accepted as holding international protection status. Foreign nationals with this status may obtain a work permit under the exception regime.
For refugees, conditional refugees and beneficiaries of subsidiary protection, the right to apply arises 6 months after the international protection claim has been lodged. For foreign nationals under temporary protection, that period runs from the date on which the temporary protection identity document was delivered to them.
A favourable opinion from the Ministry of the Interior is required for these applications. Where a favourable opinion is given, the Ministry of Labour and Social Security examines the file within the framework of international labour force policy on the basis of criteria such as province, duration, sector, occupation and line of business, and issues the permit if the outcome is favourable.
It should be emphasised that the holding of a work permit by foreign nationals under international protection status does not confer on them a definitive right to remain in Türkiye.
The foreign nationals to whom a permit may be granted under the exception regime are confined to those listed above. Since the Act and the Regulation determine these persons exhaustively, no permit may be issued by this route to any foreign national not appearing in the list.
How Is the Application Made?
The application channel varies according to where the foreign national is located at the time of the application. For applications made from within the country the foreigner identification number is used, and for applications made from abroad the reference number; the procedure is initiated through the e-permit system.
In domestic applications, what is decisive is the existence of a valid residence permit document. Foreign nationals present in Türkiye who hold a valid residence permit document with a term of at least 6 months are issued a Foreigner Identification Number beginning with “99”. Using this number, the employer requests a work permit on behalf of the foreign national through the e-permit system.
In applications from abroad, the foreign national must attend the Turkish diplomatic representation in his or her country of citizenship and request a work visa. The representation issues a 16-digit reference number; the employer in Türkiye completes the application with that number through the e-permit system.
As with other work permit types, the application here is not made by the foreign national. The procedure is conducted by the employer or by a person authorised by the employer.
Once the application is complete, the Ministry of Labour and Social Security examines the file within the framework of international labour force policy and, if it finds it appropriate, accepts the request. As explained above, the favourable opinion of the Ministry of the Interior, the Ministry of Foreign Affairs or other ministries concerned may also be required for certain categories of foreign nationals.
Where the request is accepted, the employer must pay the work permit fee and the valuable paper charge. The application fee is applied as TRY 356, and the work permit fee as TRY 3,090 for each year of the permit. These figures relate to 2023 and are updated in subsequent years.
Once payment has been made, the exception-regime work permit card is sent to the workplace address notified by the employer to the administration.
The general framework of the application procedure has been set out under this heading. For the details of work permit applications, our study on the “work permit” may be consulted.
Documents Required for the Application
The documents to be submitted in applications under the exception regime are the following:
- The application petition prepared by the employer
- The application form completed by the employer
- Where the application is made through a representative, the power of attorney to be provided by the employer
- In applications made from within the country, the residence permit document of the foreign employee (this document is not required in applications from abroad)
- The foreign national’s passport or the document replacing the passport
- A notarised copy of the foreign national’s diploma or of the document replacing the diploma
- Documents establishing that the foreign national is among the persons enumerated in the Act and the Regulation
These documents are uploaded to the system during the application by the employer or by a person authorised by the employer. Where the foreign employee is to work without being tied to any employer, he or she carries out both the application and the document upload personally.
Documents issued abroad must have been approved by the Turkish diplomatic representation in the country concerned or bear an apostille affixed by the competent authorities. Documents drawn up in a foreign language must also be submitted together with their Turkish translations.
Fees Payable
As at 2023, a valuable paper charge of TRY 356 and a work permit fee of TRY 3,090 for each year of the permit are payable for a work permit under the exception regime.
If the application is accepted, the Ministry sends the payment details to the e-mail address notified by the applicant in the e-permit application. That notification contains the bank account details, the amount payable and the manner in which payment is to be made. Payment must be completed within 30 days of the e-mail being sent; otherwise the work permit ceases to be valid.
Please note: the person liable for the valuable paper charge and the work permit fee is the employer, not the foreign employee. However, if the foreign national is to work without being tied to an employer, he or she must bear these charges personally.
How Long Does the Application Take?
The Act provides that applications under the exception regime are to be decided within 30 days.
Refusal, Objection and Action for Annulment
Applications made on behalf of foreign nationals falling outside the persons enumerated in Art. 16 of the International Labour Force Act and in the Regulation on its Implementation are refused. In addition, failure to remedy deficiencies in the documents within the period granted, and the Ministry’s finding that the request is not in keeping with international labour force policy, also constitute grounds for refusal.
Faced with a refusal, the foreign national has two options: to pursue an administrative objection or to bring an action for annulment.
An objection is made to the Ministry through the e-permit system within 30 days of the date on which the refusal was notified to the foreign national. The objection petition must be drafted on a legal footing, and the information and documents supporting the grounds relied on must be annexed to it. All documents to be uploaded to the system must also bear an electronic signature.
An action for annulment, on the other hand, is brought before the administrative court within 60 days beginning from the day following notification of the decision. Where the administrative objection route has been pursued first, the period for bringing the action is suspended. For example, if the objection was lodged on the 40th day following notification of the refusal, 20 days remain in which to bring an action, running from the day after notification of the decision given on the objection.
A stay of execution may also be requested in this action before the administrative courts. If the administrative court finds that the act is manifestly unlawful and that its implementation would produce consequences that are difficult or impossible to remedy, it may stay execution.
Conducting the remedies against a refusal in accordance with proper procedure is decisive. In particular, the ground on which the refusal rests must be correctly identified and the petition prepared within a legal framework built around that ground; otherwise a further adverse outcome is inevitable. In order for the process to be managed effectively and swiftly, it is advisable to obtain support from a lawyer experienced in the field of immigration law.
Our study entitled “refusal of a work permit application”, in which all the grounds for refusal and the legal remedies available against them are examined in detail, offers a broader framework on the subject.
Extension Application and Refusal of Extension
A work permit granted under the exception regime may be extended. This requires the foreign national to continue to satisfy the criteria prescribed in the Act and to continue working. The extension request must be submitted 60 days before the permit expires and in any event before the period runs out. No extension application may be made after the permit period has ended.
As with the initial application, the extension application is carried out by the employer or its authorised representative by entering the information into the system and uploading the documents. The documents required correspond to those for the initial application; the only difference is the requirement to add the existing exception-regime work permit document to the system.
Where an extension request is refused, two routes are again open: objection and an action for annulment. The use of both remedies is subject to the procedure explained above in relation to refusal of the initial application.
More detailed information on how extension applications operate is set out in our study entitled “extension of a foreign national’s work permit”.
Independent Legal Assessment
The work permit under the exception regime does not, contrary to what its name suggests, mean an “easy permit”; it is merely a regime in which the assessment criteria differ. A significant proportion of the refusals encountered in practice stem from a failure to establish that the foreign national falls within the statutory enumeration, or from an inability to document the criteria required for his or her particular category under the Regulation. The construction of the file therefore begins by clarifying, before the application is made, which subparagraph will be relied upon.
The second critical point is procedure. Failure to pay the fee and the valuable paper charge within the 30-day period causes even an accepted application to come to nothing. Similarly, submitting an extension request after the permit period has expired gives rise to an irremediable loss of rights.
When a specific application is being prepared, the following matters should be addressed as a priority:
- Determining from the outset which category under Art. 16 of the International Labour Force Act the foreign national falls into, and supporting that basis with documents
- Where qualified labour or qualified investor status is claimed, demonstrating that the minimum required number of criteria is in fact met
- In applications made from abroad, not missing the timing between the diplomatic representation stage and the e-permit stage
- Fully satisfying the requirement of an apostille or consular approval and a Turkish translation for documents issued abroad
- Diarising the 30-day period following the payment notification and the 60-day period prescribed for extensions
- Determining, in the event of a refusal, the choice between an objection and going directly to court by calculating the periods remaining
Independent Legal provides advisory services and litigation support in processes relating to the employment of foreign personnel, from the preparation of the application file to the conduct of administrative objection and annulment proceedings against refusals.