Turkey Work Permit

TURKEY WORK PERMIT

INITIAL APPLICATION FOR TURKEY WORK PERMIT

Someone can make application to have work permit in Turkey either while located in Turkey or abroad.

TURKEY WORK PERMIT APPLICATION FILED ABROAD

. In the case of applications filed abroad, foreigners are required to file an application at a consulate of the Republic of Turkey in the country of which they are a citizen or a permanent resident.

. A labor contract should accompany the application, letter of assignment, or a document stating company partnership.

. The employer in Turkey is required to file an online application and submit the necessary information and documents to the Ministry of Labor and Social Security, either in person or via mail, within 10 business days following the date of the candidate’s application to the consulate. 

. The Turkish Consulate and the said Ministry execute online the procedures for the work permit applications filed abroad.

. The Ministry sends its decision (positive or negative) about the work permit application to the relevant consulate of the Republic of Turkey (via the Ministry of Foreign Affairs), which notifies the applicant.

. Within a maximum of 180 days after the date the work permit is issued the foreigner must enter into Turkey.

. Foreigners with residence and work permits from abroad are required to register to the Address Registry System in Turkey within 20 business days following the date of entrance to Turkey.

TURKEY WORK PERMIT APPLICATION FILED WITHIN TURKEY

. In the case of applications filed in Turkey, foreigner with residence permit (at least 6 months but not taken for educational purposes) may file work permit applications. These foreigners do not have to make a synchronous application to the consulates of the Republic of Turkey.

. Within a maximum of six business days after the online application, the documents have to be sent to the Ministry of Labor and Social Security, either in person or via mail.

. Within a maximum of thirty days the Ministry conclude the procedures concerning duly submitted work permit applications.

. In the case of applications filed in Turkey, the ministry notifies the foreigner or the employer directly.

NOTE: The methods and principles concerning work permits in Turkey change according to sectors, such as tourism, health services, education, housekeeping services, aviation, entertainment, and others, as well as special FDI, professional and liaison bureaus.

REQUIRED DOCUMENTS AT INITIAL APPLICATION FOR TURKEY WORK PERMIT

FROM THE EMPLOYER

. Petition for Applying to work permit

. Application Form Foreign personnel

. The Turkey Trade Registry Gazette

. A balance sheet and a profit/loss statement for the most recent year.

. Information and documents which proves if the entity is subject to Special Foreign Direct Investments*.

. Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization.

FROM THE FOREIGNER 

. In the case of applications filed in Turkey, a copy of the residence permit - except for education purposes- with a term of at least six months.

. If a foreigner does not have a valid residence permit, the foreigner can not apply for the work permit in Turkey. In this case, he/she is required to file an application to the consulates of the Republic of Turkey in the country of which he/she is a citizen or a permanent resident, submitting his/her labor contract or a document confirming the company partnership.

. Copy of the passport

. An officially certified translation of the diploma

. Besides these abovementioned documents, foreigners who file an application for work permits within the framework of professional services and who hold a degree from abroad must file a "Diploma or Provisional Graduation Equivalency Certificate (Denklik Belgesi)" obtained in accordance with the "Regulation on the Equivalency of Diplomas from Foreign Higher Education Institutions" 

TURKEY WORK PERMIT EXTENSION

. The foreigner or the employer can make application (to the Work Ministry) for the work permit extension, by submitting the original copy of the previous work permit, along with the application form and the documents specified.

. The extension applications are first submitted online. The applicaton form which is generated online, must be signed by the foreigner and the employer, and submitted, together with the related documents specified, to the Ministry (of Labor and Social Security) within a max. of 6 business days, following the pre-approval of the online application.

. Term extension applications should be filed at most two months in advance of the expiration date of the permit (OR within a maximum of fifteen days following the expiration). 

. Term extensions for a period of 2 years may be filed, following the one-year work permit term, on the condition that, they are for being employed at the same enterprise and for the same job/profession.

. At the end of the three-years work permit term, the existing work permit can be extended for a further three years, for employing with any employer, for the same profession.

. Foreigners who resides in Turkey for at least 8 uninterrupted years legally, or foreigners who have a total of 8 years of employment with a work permit, may file applications for indefinite work permits. 

DOCUMENTS REQUIRED FROM THE EMPLOYER

. Work permit term extension application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer).

. Foreign personnel application form (The form filled out online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry)

. Turkey Trade Registry Gazette which shows current capital structure of the entity.

. Document confirming that the employer has no tax obligations (This information must be accessed by the Ministry of Labor and Social Security through the records of the Ministry of Finance).

. In the application form, the Social Security Institution registration number and If the employer has fulfilled its social security obligations regarding the foreigner must be expressed.

. If a different person makes the online application then a notarized power of attorney for him must be prepared.

 DOCUMENTS RQUIRED FROM THE FOREIGNER

. Passport copy. 

. If there is, previous work permit and cover letter

. Residence permit which as a term for at least 6 months

. The certificate for provisional membership for foreigners who are granted work permits to work as an engineer, architect, or city planner.

CHARGES APPLICABLE TO WORK PERMITS 

. Work permits issued to foreigners are subject to charges.

. The applicable charge must be deposited with reference to the term of the permit.

. This is determined every year the revaluation rate base, announced in the Official Gazette.

SPECIAL FOREIGN DIRECT INVESTMENTS

Foreign Direct Investments are defined on the basis of following fundamental criteria:

1- Special Foreign Direct Investments (including liaison offices)

2- Foreign national key personnel

1- Criteria to be considered as “Special Foreign Direct Investment”

. If the foreign shareholders have min. TRY 1,283,974 of the capital,

. And the company or branch, registered a turnover of at least TRY 96.5 million (OR posted an export figure of at least USD 1 million OR employs at least 250 personnel registered in the Social Security Institution OR make investments and the planned minimum investment figure is at least TRY 32.1 million) in the most recent year.

. If the company has a foreign direct investment in at least one more country other than the country where its headquarters is located.

Key Personnel In Special Foreign Direct Investment

The personnel who meet at least one of the following criteria, at the legal entity located in Turkey:

a) Persons serving as a company shareholder, chairman of the board of directors, member of the board of directors, chief executive, vice president, executive, assistant executive or similar positions, with authority or a role in at least one of the following:

. A senior management or executive position in the company

. Managing the whole or a part of the company

. Auditing or controlling the work of the company auditors, or administrative or technical personnel

. Hiring new personnel or terminating the employment of existing personnel, or making proposals concerning these issues

b) Having key knowledge regarding the services, research devices, techniques, or management of the company

c) At liaison offices, a max. of 1 person in whose name the authorization certificate is issued by the overseas parent company