Work Permit for Foreigners

Working in Turkey is subject to many rules as in other countries. Work permits for foreigners in Turkey have many restrictions and are only possible after the completion of certain procedures. The Ministry of Labor and Social Security (MoLSS) is authorized for work permits in Turkey.

Foreigners apply for work permits to this institution. The most recent law in this field is the International Labor Law (uluslararası çalışma kanunu) No. 6735 on 28.07.2016.

What is the Work Permit and Scope in Turkey?

The most recent and basic law regarding work permit in Turkey is International Labor Law No. 6735. According to this law, work permit is an official document issued by the relevant ministry. It is expressed as a permit issued by the Ministry as an official document and granting the foreigner the right to work and reside in Turkey within the validity period.

What we understand here is that a person holding a work permit has two rights;
1- The right to work in Turkey
2- In addition, the right to reside in Turkey throughout the work permit without obtaining a residence permit.

What are the Types of Work Permits?

The types of work permits are listed in the International Labor Law;
1- Timed work
2- Working indefinitely
3- Independent work
a- Exceptional work permits
b- Work permit for Turquoise(turkuaz) card holders

Timed Work Permit: It is a type of leave given to foreigners for a certain period of time. A maximum of 1 year leave can be given in the first application.

Indefinite Work Permit: It is the type of work permit that can be applied by long-term residence permit or permanent residence permit holders in Turkey for at least eight years.

Independent Work Permit: There are certain special conditions. It is a work permit that gives the foreigner the right to work in Turkey under his own name and account. In order to obtain this type of work permit, certain qualifications are required. No time limit is foreseen, but it is regulated periodically. In the article 29 of the INTERNATIONAL LABOR LAW IMPLEMENTATION REGULATION (uluslarası göç kanunu uygulama yönetmeliği), it is stated in detail who can obtain this work permit.

Exceptional Work Permit: It is regulated in article 16 of the INTERNATIONAL LABOR LAW. Persons listed in the text of the article can apply for this type of permit.

Turquoise Card application: The turquoise card application is one of the innovations, and people who are among the foreigners listed in the TURKUAZ CARD REGULATION can apply for a turquoise card and get a work permit for themselves and their family. The application procedure and conditions are listed in the relevant regulation.

Work Permit Exemption

Article 48 of the 6735 International Labor Law Implementation Regulation, titled “Exemptions”, states the situations in which foreigners will be exempted from work permit.

In addition, the Ministry of Labor and Social Security has published a table about the persons to be exempted and their conditions.

Work Permit Application Types

Work permit applications;

1-Application from abroad
Foreigners with a residence permit of at least 6 months can apply for a work permit from within the country. Here, the foreigner does not need to have a residence permit for 6 months, the foreigner must have obtained a 6-month residence permit from any type of residence permit and the residence permit has not yet expired.

2-Application from abroad
Foreigners can apply for a work permit by going to the Foreign Representatives of the Republic of Turkey in their own country. After applying for a work permit visa, a reference code is given to them by the representative office. With this reference code, the employer or authorized person in Turkey can apply for a work permit.

3-Work Permit Applications of Persons Provided with Temporary Protection
It is the type of application made for persons under temporary protection in Turkey.

4-Applications for Foreigners under International Protection

Pre-Permission Procedure
For some professions, a preliminary permit procedure has been introduced from the relevant ministries to determine their professional qualifications before obtaining a work permit.

Occupations that require a work permit;
1-Health services — The Ministry of Health is authorized to give preliminary permission.
2-Educational services — Repuplic of Türkiye Ministry of National Education is authorized to give preliminary permission.
3-Instructors — Councıl of Hıgher Education (YÖK) is authorized to give preliminary permission.
4-Determined as R&D (research and development) personnel

Work Permit Evaluation Criteria

Work permit evaluation criteria of foreigners are stated on the website of the Ministry of Labor and Social Security.

Work Permit Review Procedure

The substantive examination of the work permit application made in accordance with the rules is made in accordance with Articles 7 and 9 of the (Uluslararası işgücü kanunu).

International Labor Law (Uluslararası işgücü kanunu) articles 7 and 9;

Article 7
Article 9

Work permit application and evaluation
ARTICLE 7- 
(1) Work permit applications are submitted directly to the Ministry in the country, and to the Ministry abroad. Republic of Turkey in the country of which the foreigner is a citizen or legally resides embassies or consulates. Work permit applications made abroad It is forwarded to the Ministry by the embassies or consulates of the Republic of Turkey.
(2) Work permit applications can also be made by the authorized intermediary institution.
(3) The application for extension of the work permit is sixty days before the expiry of the work permit. and in any case before the expiry of the work permit. After this period Extension applications made after that will be rejected.
(4) Work permit application is evaluated according to international labor policy.
(5) In cases deemed necessary by the Ministry, relevant public institutions and organizations and public The opinions of professional organizations, which are in the nature of an institution, are taken into account.
(6) In line with the decisions of the International Labor Policy Advisory Board, the Ministry evaluation of the work permit application and the work permit scoring system. specifies the criteria to be used in its creation.
(7) In case of missing information or documents in the application, these deficiencies The evaluation of the application is postponed until it is completed. delay period, information or an official statement of the existence of a force majeure delaying the completion of the document deficiencies. It cannot exceed thirty days, except in cases where it is documented by the authority. At the end of the postponement period Applications with incomplete deficiencies are rejected.
(8) Evaluation of duly made applications, information and documents It is completed within thirty days, provided that it is complete.

Rejection of work permit application
ARTICLE 9- 
(1) As a result of the evaluation made according to Article 7 of this Law;
a) Not in accordance with international labor policy,
b) Made with false or misleading information and documents,
c) The justification for employing foreigners is not considered sufficient,
ç) Made for jobs and professions reserved for Turkish citizens in other laws,
d) Relating to foreigners who are understood not to have the necessary qualifications and expertise,
e) Not meeting the evaluation criteria determined by the Ministry,
f) Internal Affairs within the scope of Articles 7, 15 and 54 of Law No. 6458 Regarding foreigners notified by the Ministry,
g) In Turkey in terms of public order, public safety or public health pertaining to foreigners whose employment is inconvenient,
ğ) Except for the approval of the Ministry of Foreign Affairs, made for citizens of countries that they do not know or do not have diplomatic relations with,
h) It is not done within the legal period or its deficiencies are not completed,applications are rejected.

The substantive examination of the work permit application made in accordance with the rules is made in accordance with Articles 7 and 9 of the UIK.

What are the work permit evaluation criteria?
1- International labor policy
2- Opinions of relevant public institutions and organizations and professional organizations in the nature of public institutions, when deemed necessary
3- It is a work permit scoring system

What is international labor policy?

According to UIK article 4-2; “International labor policy; international labor mobility and regional developments and Immigration Policy Board decisions, developments regarding employment and working life, sectoral and economic periodic changes, development plans and programs, bilateral economic, social and cultural relations with the country of nationality of the foreigner, bilateral or multilateral relations to which Turkey is a party. bilateral agreements and international agreements are determined by considering public order, public safety and public health.”

In addition, in article 6 of the INTERNATIONAL LABOR LAW IMPLEMENTATION REGULATION, the definition of international labor policy has been tried to be made. You can try to have information about the policy by reading the text there.

Occupations Only Turkish Citizens Can Work

1– Dentist, nursing
2– Pharmacists
3– Veterinary Medicine
4– Hospital Directorate
5– Attorneyship and Notary Public
6– Private Security
7– Customs consultancy
8– Guidance

Work Permit Period and Extension of the Period

Work permit extension applications are made according to the same procedure as work permit applications. Work permit extension applications must in any case be made before the work permit expires and an extension application can be made 60 days before the expiry of the work permit.

Validity and Cancellation of Work Permit and Exemption

It can be in two ways;
1– Expiration of work permit or work permit exemption.
2– Cancellation by the Ministry.

In which cases is the work permit or exemption revoked?
The situations in which the work permit or exemption will be canceled are listed in Article 15 of the International Labor Law (Uluslararası İşgücü Kanunu).

Validity and cancellation of work permit and work permit exemption
ARTICLE 15-
(1) Work permit and work permit exemption lose their validity with the expiry of the period or cancellation by the Ministry.
(2) Work permit or work permit exemption without the request of the foreigner or the employer;
a) Failure to come to Turkey within six months from the effective date of the work permit or work permit exemption,
b) The validity period of the passport or the passport substitute document is not extended unless the Ministry of Interior or the Ministry of Foreign Affairs approves,
c) It is determined that he/she works in violation of the provisions specified in this Law,
ç) Termination of the work for any reason,
d) Later detection that the work permit application was made with false or misleading information and documents,
e) It is within the scope of Article 11 and does not submit the requested information and documents during the transition period or it is understood that they have lost their qualifications,
f) Notification by the Ministry of Interior that it is within the scope of Articles 7, 15 and 54 of Law No. 6458,
g) Notification by the relevant public institutions and organizations that it is inconvenient to work in Turkey in terms of public order, public security or public health,
ğ) Being outside of Turkey continuously for more than six months without interruption for temporary work permits and for more than one year uninterruptedly for independent and indefinite work permits, except for force majeure reasons such as health reasons or compulsory public service,
h) In case of holding a Turquoise Card, the period of stay abroad exceeds the period determined by the Ministry, cancelled.

Judicial Action Against Decisions Regarding Work Permit

International Labor Law Article 21/1 “Decisions on rejection of work permit or work permit exemption application and cancellation of issued documents, Notification Law dated 11/2/1959 and no. shall be communicated in accordance with its provisions.”

“Within thirty days from the date of notification by the relevant persons against the decisions taken by the Ministry within the scope of this Law…”, the ministry is objected to.

“In case the objection is rejected, an administrative judicial remedy can be applied” (UİK, art.21/2).