There are some diplomatic procedures that guests who want to stay and work in Turkey must go through. Necessary documents and permits must be obtained from official authorities. Those who want to realize their career plans in Turkey need a work permit issued by ministries and affiliated organizations.
There are types of work allowed and some conditions and advantages. It is necessary to establish the types of it well to obtain them in the desired periods and conditions.
Types of Work Permits
Turkey visa work permit is obtained under the Ministry of Family, Labor, and Social Policies. It is a document that gives foreigners work allowed in Turkey and, therefore, a residence permit in Turkey. It is obligatory to obtain it within the scope of International Labor Law No. 6735.
The question of “Can I work in Turkey on a residence permit?” is an issue that those who want to get both a work permit and a residence permit simultaneously are curious about. It is a legal requirement for a foreign national to be allowed to work in any company in Turkey. This obligation is expressed in Turkish Labor Law No. 4817 on “Work Permits for Foreigners.” When requesting permission from the Ministry, some documents regarding the foreign personnel candidate's experience, education, and residence are required.
It has validity periods in Turkey. Temporary permits must be renewed when they expire. Work permit types are examined in three categories. These; are temporary, permanent, and independent.
Temporary Work Permit
A temporary work permit permits a foreigner to work in a certain geographical area, in a certain occupation, for a certain employer, or for a limited period. This is renewable every year and provides the opportunity to extend its validity for one more year each year as long as it works for the same employer.
This application can be made both within the country, to the Ministry of Labor and Social Security, and abroad, this time by the Turkish Consulate. If a positive response is obtained after the application is made, the foreigner is granted a one-year. The most important element here is that the employment or service contract does not exceed its expiration date. Working in a specified workplace with a real or legal person or institution is essential.
Permanent Work Permit
A foreigner residing in Turkey can apply for a long-term residence permit for at least eight years if he has a legal work permit. The foreigner with an indefinite work permit benefits from all the rights provided by the long-term residence permit.
Foreigners provided that their acquired social security rights are reserved and that their use of these rights is subject to the terms of the relevant legislation, barring exceptional laws. A foreigner with an indefinite work visa does not have the right to vote, be elected, or perform public tasks and is not required to serve in the military.
Independent Work Permit
The foreigner's situation is education level, professional experience, contribution to science and technology, the effect of their activity or investment in Turkey on the national economy and employment, capital share of a foreign company partner, and other issues that the Ministry will determine. It should also be consistent with the International Labor Policy Advisory Board.
The main difference between an independent work permit and an indefinite one; allows the independent permit holder to open his own company or workplace in Turkey legally. However, to apply for an independent permit, the foreigner must have resided in Turkey uninterruptedly and legally for at least eight years.
Procedure for Work Permit Application
“How to get a work permit in Turkey?” is a question that is often asked by those who want to work in Turkey. The permission can be obtained from within the country or abroad. However, the procedures for taking them from the country or abroad differ.
Application from Abroad
If a work permit is to be obtained from outside the nation, the foreigner must apply for a work visa at the Turkish consulate. Within ten working days, the foreigner should apply for a work permit in Turkey through the online system using the reference number provided. The Ministry then receives all required documents in person or via mail within six working days.
The Turkish Ministry of Labor and Social Security reviews the information and documents given by the employee and employer as a consequence of the online application made by the employer.
Following the collection of all papers, the Ministry conducts examinations and, if required, seeks other authorities' advice before deciding whether to approve or reject the application. As a result of the authorized permit, the foreign worker must pay the Foreign Representation's work visa charge and acquire the visa.
Domestic Application
A foreigner residing in Turkey does not need to apply to Turkish authorities to work and receive a work permit in Turkey. To receive it, however, a foreign national must hold a valid residence permit for at least six months.
If the foreign worker in the country has a 6-month residence permit, the employer in Turkey must apply for approval for the foreigner through the online method. As a result of the employer's online application, all requested documents are provided to the Ministry in person or via mail within 6 working days.
Application for Extension of Work Permit
When a foreigner switches jobs, it is considered the original application, not an extension application due to a change of employment, and a maximum of one year is granted. What the business should do are:
- If the foreigner continues to work at the same place, the employer applies for an extension before the work permit expires.
- The extension application must be submitted at least 60 days before the current work permit expires, if not sooner.
- The Ministry will not process extension petitions submitted after the period has expired.
In addition, employers who miss the deadline for an extension application can obtain a 1-year in the form of a new application.
Special Circumstances Regarding Work Permits
The regulation on the distribution of Turquoise Cards to foreigners deemed suitable for use based on their educational status, housing experience, contribution to science and technology, the impact of the investment on the state's economy and employment, and the Regulation on the Employment of Foreign Personnel in Foreign Direct Investments, which subject foreigners to special provisions when working in these enterprises.
The Turquoise Card is the document that grants the foreigner the indefinite right to work in Turkey, as well as the right of residence to his spouse and dependent children, by the provisions of the regulations, and the foreigner benefits from the right granted by the indefinite work permit.
According to the Regulation on the Employment of Foreign Personnel in Foreign Direct Investments, a corporation or subsidiary that falls within the provisions of Law No. 4875 and meets a minimum of one of the following conditions is deemed Foreign Direct Investments. The relevant legislation regulates the determination of Foreign Direct Investments with Special Features and the key foreign national personnel to work in these enterprises.
Advantages of Turkish Work Permit
- Foreigners can receive free treatment in all hospitals and clinics in Turkey.
- Foreigners who have lived in Turkey for five years can acquire Turkish citizenship and benefit from investment incentives provided by the Turkish government.
- Children under the age of 18 of foreigners who are applying for a work permit in Turkey.
- Foreign nationals can invest directly in Turkey by opening a branch or company or becoming partners in an existing company. Foreign nationals making direct investments can equally benefit from the opportunities offered to domestic investors.
- Foreign investors can establish a limited liability company in Turkey.
Foreign investors are responsible for losses, licenses, management, etc. They can freely transfer their earnings from research and revenues, such as profits and sales from their activities in Turkey. Also, foreigners who want to invest in Turkey can benefit from government promotions such as tax reductions, investment location allocations, and insurance premiums.
You can contact us for more information about the subject, and if you wish, you can create an appointment with our Turkish work permit lawyers.
