There are 3 different types of work permits: Temporary work permit, permanent work permit and independent work permit. Temporary work permits can only be obtained by the employer on behalf of the employee; Therefore, a foreign employee cannot apply for a temporary work permit on his own. When the necessary conditions (obtaining a long-term residence permit or obtaining a work permit for at least 8 years) are met, the foreigner can apply for a permanent work permit. If the foreigner wants to become a self-employed person, he can apply for an independent work permit on his behalf.

If you have the idea of ​​establishing a company in Turkey, remember that you can not be the director of your company or authorized person without obtaining a work permit! You have to apply International Labour Organization for work permit immediately after you established a company in Turkey. In addition, the company capital, the nature and scope of your business should be reported to the relevant department. These applications are made online.

One of the confusing questions for our foreign guests is, do I need to get a work permit while working in Turkish companies? If you are working in any company established in Turkey, you are required to have a work permit. If you work without a work permit, you may face judicial and administrative penalties and the possibility of deportation may arise.

Foreigners who have a permanent work permit benefit from the rights provided by a long-term residence permit. Without damaging the acquired rights related to social security, those who have permanent work permit can benefit from the rights granted to Turkish citizens while exercising these rights. However, such foreigners do not have the right to elect and be elected or to enter public service, and have no obligation to compulsory military service.

Work permit applications can be done through Turkey representatives (embassies or consulates) from Turkey or abroad. Work permit holders outside of Turkey must enter the country in to start within six months from the date the permit, otherwise the work permit will be canceled. Permanent and independent work permit applications must be made with E-Signature and UETS provided by PTT.

 

To apply for the first time, a temporary work permit of up to 1 year will be granted, allowing the owner to work in the same workplace or in another workplace of the same employer in the same line of business. The first application from abroad should be made to Turkey’s foreign representative in the applicant’s own country or in the country that applicant resides. The employee must submit the employment contract and other necessary documents to the relevant unit and send the 16-digit reference number obtained to the employer.

 

Later, the employer will submit the application to the Ministry of Family, Labor and Social Services through the Foreigners Automation System, sign the documents submitted with an e-signature and submit the registered workplace address and necessary company information in accordance with the approval of the Work Permit Card issued to the foreigner. The entire application process is carried out online.

 

Foreigners who have a residence permit for a period of at least 6 months in Turkey can make their applications for a work permit in Turkey. In case of the first application in Turkey under these conditions, employer should send e-signature signed documents that required for the application to Ministry of Family, Labor and Social Services through the Foreigners Automation System with online application.

The list of documents required to apply for permission to do the work in Turkey are as follows. This list contains documents that must be provided by everyone. In addition, the required documents differ according to the fields of activity of the companies. You can find all the details below.

1. If the application will be made while you are in Turkey to there must be at least 6-month residence permit.
2. Your passport must have a Notarized Sworn Translation.
3. You shuould be careful about the validity period of your passport, the validity period should be 3 months longer than the requested work permit.
4. You need to get your Potential Tax ID.
5. Sworn translation of university diploma (diploma of the last graduated school for home services)
6. Copy of the latest Trade Registry Gazette showing the shareholding and capital structure of the company.
7. Balance sheet and profit / loss statement for the last year approved by the tax office or certified public accountant.

 

 

Engineers and Architects:

If the foreigner who requests work permit as an engineer or architect within the scope of Professional Services, if he/she receives higher education abroad, in accordance with the Articles 3 and 7/p of the Law numbered 2547, the “Diploma or Temporary Graduation Equivalency Certificate” to be received in accordance with the Foreign Higher Education Diploma Equivalency Regulation required.

 

Legal entities that will employ foreign experts as engineers/architects /city planners must also submit a payroll to prove that a Turk is employed in the same profession.

 

Home Services:

Foreigners who will be employed to work in household services can not get a work permit if they only work in the care of the elderly, sick and children.

 

Health sector:

For foreign healthcare professionals who will work in private health institutions affiliated to the Ministry of Health, the Preliminary Permit Certificate obtained from the Provincial Health Directorate of the province where they will work, showing the professional competence of the foreigner.

 

Private health institutions that will employ foreigners must also have an Activity permit certificate from the Provincial Health Directorate.

 

Tourism sector:

For foreigners who will work in companies with a tourism business certificate, a Business and Investment Certificate from the Ministry of Culture and Tourism, and in case of not having such a document an Activity Certificate from the Chamber of Commerce is required.

 

Entertainment Industry:

A testimonial (a document showing that the foreigner whose work permit is requested has an international reputation as an artist or has worked in foreign enterprises at the same level)  with a 1961 Apostile Commentary or Foreign Representative acknowledgment with a Turkish translation made by a sworn translator and approved by the official authorities is required.

 

Employment Contract in Turkish and foreign’s language must be submitted.

 

Companies and Branches Operating Under Direct Foreign Investments Offering Features

Foreigners to be employed in companies and branches that meet at least one of the criteria for foreign direct investments, which are specified in Article 10 / a of the Regulation on Foreign Personnel Employment in Foreign Direct Investments, will be applied according to the procedures and principles stated below.

 

Documents indicating that the last year’s export amount made by the organization is at least 1 million USD (documents such as bank receipt, bank letter, copy of foreign exchange purchase document, company approved income statement)

 

Documents Required for Key Personnel to Work in the Organization that Fulfills At Least One of the Conditions stated above:

• For Company Partner, Chairman of the Board, Board Member, General Manager, Deputy General Manager, Company Manager, Deputy Company Manager, and similar positions (Documents such as Signature Circular, a copy of the Board of Directors or the Board of Shareholders Decision)

• Services, research equipment, techniques or experts with basic knowledge for management (testimonial and translation, diploma copy and translation, value documents and information and translation for the area where the personnel in this scope will be employed (For example, for export personnel, approved by the relevant bank showing exports on a country basis) such as bank receipt, bank letter, copy of foreign currency purchase document)

• An assignment letter stating that the key personnel to be employed are assigned by the parent company abroad

 

Note that if the documents mentioned above are obtained from abroad, Apostile Annotation or Foreign Representative approval is required. In addition, these documents will be scanned and application will be made from the portal of the relevant ministry.

According to the International Labor Force Law, some exceptions/exemptions may be granted to the persons listed below (in other words, they may be exempted from certain requirements and/or procedures to obtain work permit applications or work permits):

 

1. Persons who are considered to be qualified workforce due to their education, salary, professional experience, contribution share, science and technology or similar qualification levels,
2. Persons who have been employed for a certain period and projects in Turkey,
3. People who contribute to the volume of science and technology, investment, export, and the number of employment they will create.
4. Persons declared of Turkish origin by the Ministry of Foreign Affairs and Internal Affairs,
5. Citizens of the Turkish Republic of Northern Cyprus,
6. EU Member State citizens,
7. International protection applications, conditional refugees, persons under temporary protection and stateless persons, people who benefit from victim support,
8. To a person who is married to a Turkish citizen,
9. Employees of international organizations,
10. Employees of foreign workers in Turkey
11. For persons engaged in artistic and sporting activities

 

There are some exemptions by law.