Foreigners and Employers Included in the Scope of the International Labor Force Law No. 6735

  • Foreigners applying to work in Turkey
  • Foreigners currently working
  • Foreigners applying for vocational training with an employer
  • Foreigners continuing their vocational training with an employer
  • Foreigners applying for internship
  • Foreigners still doing internship
  • Foreigners who provide temporary services in Turkey, who are cross-border service providers,
  • Real and legal persons employing foreigners
  • Natural and legal persons applying for foreign employment
  • Foreigners exempted from obtaining a work permit

(*) The procedures and principles regarding the issuance of work permits and work permit exemptions to foreigners who will work in Turkey are regulated in accordance with the International Labor Force Law No. 6735 and the Regulation on Work Permits of Foreigners and other laws, regulations and secondary legislation to which these two main legislations refer.

Temporary Work Permit

It is the type of work permit in which the start and end dates are predetermined. 10 of the International Labor Law. According to paragraphs (1) and (2); Provided that it does not exceed the duration of the employment contract, a work permit for a maximum of one year, a maximum of two years for the first extension application, and a maximum of three years for subsequent extension applications can be granted.

Indefinite Work Permit

It is a type of work permit that gives the foreigner the right to work and reside indefinitely. 10 of the International Labor Law. According to paragraph (3); Foreigners who have a long-term residence permit or a legal work permit for at least eight years in Turkey can apply for an indefinite work permit. However, even if the foreigner meets all the conditions, the fact that the application has been made does not constitute an absolute right.

Independent Work Permit

It is a type of work permit that gives the foreigner the right to work on their own behalf and account, regardless of an employer. 10 of the International Labor Law. According to paragraphs (6) and (8); Professional foreigners may be granted a temporary independent work permit, provided that the special conditions specified in other laws are met and without being subject to the time limitations in this article.

Exceptional Work Permit

Exceptional work permit can be granted to foreigners with exceptional qualifications, where wide discretion is granted to the Administration in favor of the applicant regarding application evaluation criteria, reasons for application refusal and types of work permits. Foreigners who can be granted an exceptional work permit are listed in Article 16 of the International Labor Law.

Foreigners who can be granted an Exceptional Work Permit

  • Considered as a qualified workforce in terms of education level, wage, professional experience, contribution to science and technology and similar features,
  • Considered as a qualified investor in terms of its contribution to science and technology, investment or export level, size of employment it will provide and similar features,
  • Employed in a project carried out in Turkey by their employer for a certain period of time,
  • Reported to be of Turkish ancestry by the Ministry of Internal Affairs or the Ministry of Foreign Affairs,
  • Citizen of the Turkish Republic of Northern Cyprus,
  • Citizen of a member country of the European Union,
  • Pursuant to Law No. 6458, applicant for international protection, conditional refugee, temporary protection or stateless person or victim of human trafficking benefiting from the victim support process,
  • Married to a Turkish citizen and living in a marriage union with his wife in Turkey,
  • Working in the representations of foreign states and international organizations in Turkey without diplomatic immunity,
  • Coming to Turkey for scientific, cultural, artistic or sportive purposes, having distinguished himself at the international level with his success in his field,
  • Cross-border service provider foreigners.

Work Permit Exemption

Work Permit Exemption

Work permit: The permit which is issued as an official document by the Ministry and grants work and residence permit to the foreigner until its expiration. (ILFL-Art.3/1-c)

Foreigners, who are stated to be able to work without work permit in other laws or bilateral or multilateral agreements or international conventions of which Republic of Turkey is a party, can work or be employed without work permit according to this Law. (ILFL-Art.6/3)

For the ones who are included in the article 18 of the 5901 Turkish Citizenship Law (Those who are Turkish citizens by birth but lose their Turkish citizenship by obtaining permission to leave and their descendants up to the third degree), their right to work is reserved(ILFL-Art.6/4)

Executive board members of the joint stock companies established in Turkey according to Law no 6102 who are not domiciled in Turkey and partners of other companies who are not directors as well as cross-border service providers whose activities carried out in Turkey does not exceed ninety days within one hundred and eighty days shall be evaluated within the scope of work permit exemption(ILFL-Art.13/7)

Foreigners who work in schools, cultural institution and religious institutions which are operated as organizational units are able to work with work permit exemption(ILFL-Artc.15/1-a)

Foreigners who work as diplomatic staff, consulate officer, administrative and technical staff and consulate attendant in the diplomatic and consular representations of foreign countries in Turkey and the foreigners who work in international organizations in Turkey as international officer and administrative and technical staff(ILFL Artc.15/2)

Implementation Regulation of the Law on Work Permits of Foreigners

(Regulation on the Application of the Law on Work Permits of Foreigners 55. Md. Within)

Foreigners whose permanent residence is abroad and who will come to Turkey temporarily for less than one month for scientific, cultural and artistic activities and less than four months for sports activities,

For the purpose of assembly, maintenance and repair of machinery and equipment imported to Turkey, training on their use, or taking delivery of the equipment or repairing the malfunctioning vehicles in Turkey; Those who come to Turkey on condition that they do not exceed three months in total within one year from the date of entry and that they can prove this with the documents to be submitted,

Those who are in Turkey for the purpose of training on the use of goods and services exported from or imported to Turkey, provided that they do not exceed three months in total within one year from the date of entry to Turkey and that this situation is proven with the documents to be submitted,

Those who are present at fairs and circuses that will operate outside the borders of certified tourism enterprises, provided that they do not exceed six months from the date of entry to Turkey as a show or similar officer and that they prove this with the documents to be submitted,

Foreigners who come to universities and public institutions and organizations to increase their knowledge and experience by proving their status with documents to be submitted, not exceeding two years and limited to the education period,

Those who are notified by the relevant authorities that they can provide important service and contribution to Turkey in a period not exceeding six months in socio-cultural and technological fields and education,

Within the scope of the programs carried out by the European Union Education and Youth Programs Center (National Agency), during the program

Other Foreigners with Work Permit Exemption

(Within the scope of Article 55 of the Implementation Regulation of the Law on Work Permits of Foreigners) 

Foreigners who will do internship within the framework of international intern student programs, the scope and duration of which have been agreed by the Ministry, the Ministry of Interior and Foreign Affairs, and the Council of Higher Education,

Tour operator representative foreigners who come to Turkey, provided that their term of office does not exceed eight months,

During the contracts of foreign football players, other athletes, and coaches whose demands are approved by the Turkish Football Federation or the General Directorate of Youth and Sports,

Foreign seafarers who work on ships registered in the Turkish International Ship Registry and working outside the cabotage line, who have received a “Certificate of Conformity” from the relevant administration by the I/10 Rule of the International Convention on Training, Certification and Watchkeeping Standards of Seafarers,

Foreign experts assigned to projects carried out within the scope of Turkey-European Union Financial Cooperation Programs do not need to obtain work permits during their duties.

Exemption periods cannot be extended. Foreigners benefit from exemption provisions only once in a calendar year.

(*) Work Permits and Work Permit Exemptions Also Replace Residence Permit.

Work Permits and Work Permit Exemptions Also Replace Residence Permit.

Domestic and International Work Permit
Method in Applications

Work Permit Evaluation Criteria of the Ministry of Labor and Social Security

Compulsory Criteria

According to Article 13 of the Implementing Regulation of the Law on Work Permits of Foreigners, the applicant workplaces and foreigners must meet the requirements to be determined by the Ministry.

In the workplace for which a work permit is requested, at least five T.C. Employment of citizens is mandatory. If the foreigner requesting a permit is a company partner, the employment requirement for five persons is required for the last six months of the one-year work permit to be given by the Ministry. If a work permit is requested for more than one foreigner at the same workplace, five T.R. Citizen employment will be sought.

The paid-in capital of the workplace must be at least 100,000 TL or its gross sales must be at least 800,000 TL or the export amount in the last year must be at least 250,000 USD.

Article 2 shall not be applied in the permit requests for foreigners to work in associations and foundations, and articles 1 and 2 shall not be applied in the evaluation of work permit applications of foreigners who will work in the Turkish representations of foreign state airlines, education sector, and domestic services.

The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL.

The amount of monthly wage declared to be paid to the foreigner by the employer must be at a level compatible with the foreigner’s duty and competence. Accordingly, taking into account the minimum

– 6.5 times the minimum wage for senior managers and pilots,

wage in force as of the date of application, the minimum wage to be paid to the foreigner;

– 4 times the minimum wage for unit or branch managers, engineers, and architects,

– 3 times the minimum wage for teachers and those who will work in jobs that require expertise and mastery,

– At least the minimum wage for foreigners to be employed in domestic services, 1.5 times the minimum wage for foreigners who will work in other professions,

-For foreigners who will work in tourism-animation organization companies as acrobats and similar titles, and for foreigners who will work in jobs such as masseurs, masseuses, and SPA therapists, the minimum wage must be doubled.

In their structure;

– At least three-star tourism enterprises, certified by the Ministry of Culture and Tourism, proving that they have a licensed massage parlor, holiday resorts, thermal hotels with official permissions,

– Hammam-sauna-SPA etc. facilities that have a contract (with a contract) with the certified tourism enterprises that have the complex,

– Sports centers licensed by official authorities that employ at least twenty (20) Turkish citizens,

– Foreign employment requests for jobs that require expertise and mastery such as masseurs, masseuses and SPA therapists will be evaluated, and requests of businesses and workplaces that are not within this scope will not be considered appropriate.

For foreigners to be employed in jobs that require expertise and mastery in the entertainment industry and tourism-animation organization companies, at least 10 T.C. If a citizen is employed, five T.C. separately for each foreigner. The quota for employment of citizens will not be applied separately.

The criteria set out in Articles 1 and 2 shall not be applied in the evaluation of work permit requests for foreigners to be employed in the procurement of goods and services by public institutions and organizations, through contract or tender procedures, in cases where there are provisions in bilateral or multilateral contracts to which Turkey is a party.

In the works that require advanced technology or in cases where there is no Turkish expert with the same qualifications, the criteria determined by the 1st and 2nd articles will not be applied upon the approval to be given by the General Directorate.

For foreigners who will be employed in enterprises that meet the conditions of Special Foreign Direct Investment, other than key personnel, the criterion determined in Article 1 is the T.R. based on the number of citizens.

Implementation of the Law on Work Permits of Foreigners Regulation Art-13

Foreigners who will not be Subjected to Criteria in Their Applications

Foreigners whose mother, father, or child are Turkish citizens,

Foreigners living in marital union with a Turkish citizen for at least three years,

Foreigners who are citizens of the Turkish Republic of Northern Cyprus,

Foreigners who have been granted a residence permit within the framework of Turkish and related communities practices,

Foreigners who have been granted a residence permit within the framework of humanitarian considerations,

Foreigners who have been granted a residence permit as victims of human trafficking,

Foreigners who have been granted a stateless residence permit.

Turquoise Card

In line with the international labor policy; Turquoise Card is given to foreigners whose applications are approved according to their education level, professional experience, contribution to science and technology, the impact of their activity or investment in Turkey on the country’s economy and employment, the recommendations of the International Labor Policy Advisory Board and the procedures and principles determined by the Ministry.

Turquoise Card is issued, provided that the first three years are the transition period. At the end of the transition period, an indefinite Turquoise Card is issued upon the application of the foreigner.

According to the provisions of the legislation, the spouse and dependent children of the Turquoise Card holder foreigner are given a document that proves that they are a relative of the Turquoise Card holder and replaces the residence permit.

The Turkuaz Card holder benefits from the rights provided by the foreigner’s indefinite work permit.

In the Turquoise Card application; 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, or those who make or are expected to make a significant contribution to the national economy in terms of export, employment or investment capacity are considered as qualified foreigners.

Refusal of Application

International Labor Force Law Art-9

Rejection of work permit application

Applications which;

Do not comply with international labour policy;

 Are submitted with fake or misleading information and documents;

Do not have sufficient reason for employing foreigners;

Are submitted for jobs and occupations which are limited to the Turkish citizens in other laws;

Are related to the foreigners who do not have the necessary qualification or specialty;

Do not meet the evaluation criteria determined by the Ministry;

Are related to the foreigners who are stated by the Ministry of Interior to be included in the scope of articles 7, 15 and 54 of the Law No 6458;

Are related to the foreigners who are unfavourable to be employed in Turkey for public order, public safety or public health concerns;

Are submitted for citizens of the countries that the Republic of Turkey does not recognize or have diplomatic relations with, except for the approval of the Ministry of Foreign Affairs;

Fail to be submitted or correct any deficiencies within legal time period;

Shall be rejected

Professions Specific to Turkish Citizens

Dentistry, dentistry, nursing.

Pharmacy

Veterinary medicine

Responsible directorate in private hospitals

Lawyer, Judge and Prosecutor

Notary public

Private security officer

Exporting fish, oysters, mussels, sponges, pearls, corals, diving, foraging, piloting, captaining, engineering, clerk, crew, etc. within the territorial waters. (According to the Cabotage Law)

Customs brokerage

Tourist guide

Civil service

Foreigners who will not be Allowed to Enter Turkey and will not be Granted a Visa

(Foreigners and International Protection Law Art.7 and Art.15)

Those who do not have a passport, passport substitute document, visa or residence or work permit, and those who have obtained these documents or permits by fraudulent means or are found to be fake

Those who do not have a passport or passport substitute document with a validity of at least sixty days after the expiry of the visa, visa exemption or residence permit period

Those who are banned from entering Turkey

Those deemed objectionable in terms of public order or public safety

Those who carry one of the diseases that are considered a threat to public health

In accordance with the agreements to which the Republic of Turkey is a party, those who are accused or convicted of the crime or crimes that are the basis for extradition

Those who do not have valid health insurance covering the period of stay

Those who cannot justify their purpose of entering, transiting, or staying in Turkey

Those who do not have sufficient and regular financial means during their stay

Those who do not accept to pay debts arising from visa violation or previous residence permit or public receivables, and those who do not agree to pay debts and penalties followed according to the TPC.

Foreigners Who Will Be Deported

(Foreigners and International Protection Law Art.54)

Foreigners Who Will Be Deported

A removal decision shall be issued in respect of those foreigners listed below who/whose:

are deemed to be removed pursuant to Article 559 of the Turkish Penal Code № 5237;

are leaders, members or supporters of a terrorist organisation or a benefit oriented criminal organisation;

submit untrue information and false documents during the entry, visa and residence permit actions;

made their living from illegitimate means during their stay in Turkey

pose a public order or public security or public health threat;

has overstayed their visa or the visa exemption period for more than ten days or, whose visas are cancelled;

residence permits are cancelled;

overstayed the expiry date of the duration of their residence permit for more ten days without an acceptable reason;

are determined to be working without a work permit;

breach the terms and conditions for legal entry into or exit from Turkey;

are determined to have entered into Turkey despite an entry ban to Turkey;

international protection claim has been refused; are excluded from international protection; application is considered inadmissible; has withdrawn the application or the application is considered withdrawn; international protection status has ended or has been cancelled, provided that pursuant to the other provisions set out in this Law they no longer have the right of stay in Turkey after the final decision.

fail to leave Turkey within ten days in cases where their residence permit renewal application has been refused.

are evaluated as being associated with terrorist organizations which have been defined by international institutions and organizations.

Documents Required from Foreigners in First Applications for Foreign Work Permits

International Foreign Personnel Application Form (The form to be filled in the electronic environment, after it is printed out, will be signed by the employer and the foreigner and sent to the Ministry in a paper copy. In cases where the original signatures of the employer and the foreigner are not signed, the employment contract between the parties will be submitted. If the form is unsigned and the employment contract is also If not, the application will not be processed.)

For applications to be made from Turkey, a residence permit valid for at least six months at the date of application (It will be scanned and sent online during electronic application),

Copy of passport with Turkish translation approved by sworn translator or official authorities (It will be scanned and sent online during electronic application),

Foreigners who will work within the scope of professional services and foreigners who will work in other professions deemed necessary by the Ministry, Turkish translation of a sworn translator or a copy of a diploma or temporary graduation certificate approved by official authorities, a sample of pilot license for foreigners to be employed as a pilot (can be scanned during electronic application and also on-line and in paper form). will be sent.)

For Certified Tourism Enterprises that will employ foreign craftsmen, the employment contract and certified translator-approved testimonial in Turkish and in the language of the foreigner (These documents will be scanned during the electronic application and sent on-line and also in paper form),

In addition to the above documents, the foreigner who requests a work permit within the scope of professional services will receive a “Diploma or Temporary Graduation Equivalency Certificate” in accordance with the “Foreign Higher Education Diploma Equivalency Regulation”, pursuant to Articles 3 and 7/p of the Law No. 2547, in case of higher education abroad. (This document will be scanned and sent online during the electronic application.),

For foreigners who will work in private education institutions affiliated to the Ministry of National Education, the document (preliminary permission) obtained from the Ministry of National Education showing the qualification of the foreigner (This document will be scanned during the electronic application and sent on-line).

Documents Required from the Employer in the First Applications for a Foreign Work Permit

Work permit application petition (The petition will be scanned during the electronic application and will also be sent in paper form),

Balance sheet and profit/loss statement for the last year approved by the tax office or certified public accountant (This document will be scanned and sent on-line during the electronic application),

Turkish Trade Registry Gazette showing the latest capital and partnership structure of the organization (This document will be scanned and sent on-line during the electronic application),

For private education institutions that will employ foreigners, “Permit to Open an Institution and Start Education” and “License to Start Education” obtained from the Ministry of National Education (This document will be scanned and sent on-line during the electronic application),

For associations, foundations and health care organizations, a document showing the activity status obtained from the relevant authorities (This document will be scanned and sent online during the electronic application),

A document proving that organizations (including consortia) that have the right to carry out projects for which international tenders have been opened by public institutions and organizations have undertaken the work they will receive from the relevant institution and organization (This document will be scanned and sent online during the electronic application),

Payroll proving that Turkish engineers/architects/urban planners are employed in the same profession in legal entities that will employ foreign experts within the scope of engineering, architecture, contracting and consultancy services (This document will be scanned and sent online during the electronic application),

Notarized power of attorney of the person authorized to make the electronic application in the capacity of “user” on behalf of the institution and organization that will employ foreign personnel, or a document showing that the person in the capacity of user works in the institution and organization making the application (This document will be scanned and sent online during the electronic application).

Citizenship Acquisition Due to Foreign Investment

General Rule

Acquiring Citizenship Due to Foreign Investment As a rule, establishing a company or acquiring shares through foreign investment does not confer Turkish citizenship.

Regulation on the Implementation of the Turkish Citizenship Law -Art.20

Exceptional Acquisition of Turkish Citizenship

Those who make a fixed capital investment of at least 500.000 USD,

Those who purchase real estate worth at least $250,000Those who create employment for at least 50 people,

Those who deposit at least 500,000 USD in banks with the condition of keeping them for three years

Those who purchase government debt instruments of at least 500,000 USD on condition that they hold for three years

Those who buy real estate investment fund participation shares or venture capital investment fund participation shares of at least 500,000 USD, on the condition that they hold at least three years

According to Article 12 of the Turkish Citizenship Law, the President can acquire Turkish citizenship by decision.