Visit the closest Turkish embassy to apply for a work permit and visa to work in Turkey. The required paperwork for your application is your passport, the visa application form, and a letter from your employer.
The right to work, which is counted among the fundamental rights and freedoms of the individual, is the right that enables individuals to work in a job that is determined by their own wishes and, as a result, provides a level of welfare, befitting human dignity. Therefore, as stated in Article 16 of the 1982 Constitution, foreigners have the right to work in Turkey in accordance with International Law and only in cases limited by Law.
However, regarding the confidential situations in question, in the second paragraph of Article 6 of the International Labor Law No. 6735, "It is forbidden for foreigners within the scope of this Law to work or be employed in Turkey without a work permit." restrictions were introduced.
As a matter of fact, a work permit, in the 12the article of the Implementing Regulation of the International Labor Law, is defined as an obligation that must be fulfilled by foreigners who want to work in Turkey.
Which Foreigners Are Covered by Work Permits in Turkey?
Since the obligation of a work permit is in question for persons who remain within the scope of International Labor Law No. 6735, the first thing to be done is to determine this scope. The limits are drawn in the 2nd article of the International Labor Law and the Scope of the Application Regulation of the Law. According to the ruling, this Law includes;
- Foreigners who work or apply for a work permit in Turkey,
- Foreigners who have applied for or are seeing training with an employer in Turkey,
- Foreigners applying for internships or doing internships in Turkey,
- Foreigners who are in Turkey for the purpose of providing temporary services and providing cross-border services,
- Also includes real and legal persons who employ foreigners or apply for employment in Turkey.
What Are The Types of Work Permits For Foreigners in Turkey?
It is possible to classify work permits in Turkey according to various categories.
Namely, work permits, according to their duration, can be divided into temporary and indefinite work permits, dependent and independent work permits depending on whether they are affiliated with an employer or not, and finally, the first application and extension application according to the number of applications.
The type of work permit directly determines the conditions, limits, and rights of the work permit holder. For this reason, it would be appropriate to consider them together regarding subject integrity.
Pursuant to article 10 of the International Labor Law No. 6735, four types of work permits have been adopted in Turkey; temporary work permit, indefinite work permit, independent work permit, and Turquoise Card.
What is a Temporary Work Permit For Foreigners in Turkey?
Although the International Labor Law does not directly contain the phrase "temporary work permit", we omit this name from binding the work permit to certain periods.
As can be understood from the name, a temporary work permit is a work permit granted for a certain period, depending on an employer and a job, depending on the nature of the job or workplace. This time limit is stipulated in the law: "... a work permit valid for a maximum of one year is given to the foreigner on the first application, provided that it does not exceed the duration of the employment or service contract."
If the foreigner wishes to continue working, they must apply for an extension. They will be able to extend the work permit period for two years with the first extension application and for a maximum of three years in the next extension application.
The provision's meaning leads to the conclusion that foreigner with a temporary work permit cannot change their job and employer. This situation is revealed by saying that "the application of a foreigner who wants to work under another employer is considered the first application".
From the issuance of the work permit, it is necessary to start working within six months for international applications and within one month for domestic applications. Otherwise, the work permit will be canceled.
What is an Indefinite Work Permit For Foreigners in Turkey?
An indefinite work permit gives the foreigner the right to work independently or under one or more employers.
For foreigners to get an indefinite work permit, they must have a long-term residence permit or a legal work permit for at least eight years. However, it should be noted that; the fact that the foreigner meets the conditions does not mean that they can get an indefinite work permit.
As can be seen, the indefinite work permit provides a more flexible and longer working opportunity than the temporary work permit. While a foreigner can work with a temporary work permit attached to a job, an indefinite work permit also offers the foreigner the opportunity to work independently or under more than one employer.
The point that should not be missed is; that the indefinite work permit must also be renewed every five years. The renewal application must be made until the end of the period, in any case, from 180 days before the expiry of the period.
- Foreigners with an indefinite work permit can benefit from all the rights of an indefinite residence permit.
- Foreigners with an indefinite work permit benefit from the rights granted to Turkish citizens provided that their acquired rights regarding social security are reserved and subject to the relevant provisions regarding the use of these rights, excluding the regulations in special laws.
- Foreigners who have an indefinite work permit do not have the right to elect, be elected, enter public office, and do not have an obligation to do military service in Turkey.
What is an Independent Work Permit For Foreigners in Turkey?
Foreigners who want to operate as a professional in Turkey must obtain an independent work permit.
Although the indefinite work permit allows the foreigner to work independently, the independent work permit is important for those who do not meet the conditions for an indefinite work permit. However, the independent work permit is granted for a period of time.
While evaluating the application for independent employment; the Ministry states that the foreigner's education level, professional experience, contribution to science and technology, the impact of their activity or investment in Turkey and on the country's economy and employment, if it is a foreign company partner, their capital share and the recommendations of the International Labor Policy Advisory Board, are taken into account.
What is a Turquoise Card?
Turquoise Card, regulated in Article 12 of the International Labor Law, is as follows;
- Those who have internationally accepted studies in the academic field,
- Those who have come to the fore in a field that is considered strategic for our country in science, industry, and technology,
- Qualified foreign persons who contribute or are expected to contribute significantly to the national economy in terms of export, employment, or investment capacity are given a Turquoise Card.
Turquoise Card is a derivative of an indefinite work permit. Namely, the first three years following the issuance of the Turquoise Card constitute the transition period. During this transition period, the Ministry may request information or documents.
The Turquoise Card, which is not canceled during the transition period, turns into an indefinite Turquoise Card with the application of the cardholder 180 days before the transition period expires.
In any case, this application must be made before the end of the transition period. Otherwise, the Turquoise Card application will be rejected indefinitely.
In addition to the Turquoise Card holder, the spouse and dependent children of the said foreigner are also given a document proving that they are relatives of the Turquoise Card holder and act as a residence permit in Turkey.
Since the Turkuaz Card is a derivative of the indefinite work permit, the Turquoise Card holder benefits from the rights provided by the indefinite work permit.
How Does The Process of Obtaining a Work Permit For Foreigners in Turkey Work?
This section will examine how the process will develop for foreigners who want to work in Turkey and do not fall under one of the work permit exemptions.
What is Pre-Permission?
The preliminary permit is regulated in the 8the article of the International Labor Law. It is obligatory for foreigners who want to work in certain fields, such as; health and education, to obtain a preliminary permit. Accordingly, the services required for preliminary permission and the relevant Ministries are as follows:
- Ministry of Health for health services,
- Ministry of Education for Educational Services,
- Higher Education Board for Teaching Staff,
- Ministry of Science, Industry, and Technology for foreigners who will work as R&D personnel.
Where Should Foreigners Apply First to Get a Work Permit in Turkey?
A foreigner who wants to work in Turkey can apply from abroad, which is the general application form, or from the region if they are already in Turkey.
In addition, with the innovation that came with Law No. 6735, it is possible to apply through intermediary institutions. It should be noted that, since the domestic application is exceptional, it is made if the conditions are met. Because a work permit is a requirement of a work visa, it is essential for the person to enter the country with a visa suitable for their purpose.
As stated above, in work permit applications received from abroad, since it is a part of the work visa, as a rule, the Ministry of Foreign Affairs is the competent authority for receiving applications. Therefore, the Turkish Consulate(s) is the first address of the foreigners in foreign applications.
In terms of domestic applications, since the foreigner is already in Turkey, it is sufficient to apply to the Ministry of Labor and Social Security only in the form of an online application and submission of documents. It should be noted that; the foreigner applying from within the country must have a residence permit for six months.
How to Apply Online For Foreigners' Work Permits in Turkey?
The online application takes place as the second step in applications abroad and as the first step in domestic applications. In 2010, a system for obtaining work permits for foreigners in Turkey was established. As the law states, foreign work permits in Turkey or work permit exemptions in Turkey applications will be made through this system.
An application is made through the e-Devlet (e-Government portal) system as an official application for work permits. Apart from the independent work permit, the online application can be made by the employer or through a proxy authorized by the employer. The system can be accessed via the e-Devlet portal or the Ministry's website.
With the transition to the electronic system, compulsory KEP application has started. Therefore, for the foreigner who applies for an independent work permit, the employer must have a KEP address.
It is also worth noting that, since e-Devlet can only be accessed by Turkish citizens, if the foreigner is to apply as an independent employee, they will have to apply by giving a Power of Attorney (PoA) to a Turkish citizen (preferably a lawyer).
If we were to list the steps of the online application:
- First Stage: Fulfilling the e-Devlet entry requirements,
- Second Stage: Accessing the system through the e-Devlet portal or directly from the Ministry's website,
- Third Stage: Creation of Employer Registration,
- Fourth Stage: Filling the Foreigner's Information,
- Fifth Stage: Uploading Photos and Documents,
- Sixth Stage: Completion of the application using e-signature.
Which Documents Are Required for Foreigners' Work Permit Application in Turkey?
When making the first application for a work permit, some documents must be prepared. The documents to be prepared for foreigners are as follows;
- Employment contract signed by the employer and the foreigner,
- Passport copy,
- Copy of Diploma or Temporary Graduation Certificate with Turkish translation approved by a sworn translator or official authorities (not mandatory for home services),
- Residence Permit (Required for domestic applications).
The documents to be prepared by the employer are;
- Application Petition,
- Turkish Trade Registry Gazette showing the latest capital and partnership structure of the organization,
- Balance sheet and profit/loss statement for the last year approved by the tax office or certified public accountant.
Preliminary Permission Document:
- If it is a private education institution affiliated with the Ministry of National Education, a permit document showing the professional competence of the foreigner by the Ministry of National Education,
- If it is a private education institution affiliated with the Ministry of Health, a permit document showing the professional competence of the foreigner by the Ministry of Health,
- If it is a private educational institution affiliated with Higher Education Institution, a permission document obtained from the Higher Education Institution for the lecturer to work in the relevant institution,
- A permit from the Ministry of Science, Industry, and Technology is required for foreigners who will work as R&D personnel.
Permit, License, or Certificate of Establishment:
- For private education institutions that will employ foreigners, "Permission to Open an Institution and Start Education" and "License" obtained from the Ministry of National Education,
- For private health institutions that will employ foreigners, an Activity Permit obtained from the Provincial Health Directorate,
- Operation and Investment Certificate obtained from the Ministry of Culture and Tourism for foreigners to be employed in workplaces with a tourism operation certificate, if not a certified enterprise, an Activity Certificate obtained from the Chamber of Commerce,
- Form of an Activity Permit obtained from the Ministry of Economy for foreigners to be employed in liaison offices.
Article 15 of the Implementation Regulation states that these documents requested by the Ministry will be submitted online, and there is no need to send them separately by hand or by mail.
Evaluation of the Application and Conclusion
After the documents are delivered to the Ministry of Labor and Social Security completely in an electronic environment, the application is evaluated considering the scope of the law, application procedures, and principles, as explained above. The results will be reported to the employer and the foreigner again electronically.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.