Work Permıt For Foreıgners

Foreign nationals who want to apply for a work permit cannot make this application on their own behalf. Work permit applications must be made by the employer who wants to employ the foreign person, and the necessary documents must be prepared by the employer.

How and Where to Apply for a Foreign Work Permit?

Applications for a foreign work permit can be made from within the country and abroad. Namely;

• If the foreign national to be granted a work permit is still abroad; Foreign nationals should apply to the Turkish Embassy or Consulate of the country they live in for a work visa. The employment contract and other necessary documents are delivered to the Embassy or Consulate. A 16-digit reference number is given to the foreigner by his employer to make a work permit application to the Ministry of Labor and Social Security, and with this reference number, the employer or his representative submits an application to the Ministry of Labor and Social Security by uploading the necessary documents through the online system. Then, the originals of the documents uploaded to the system are sent to the Ministry by mail within 10 working days. The Ministry examines the application, if there are missing documents, it requests these documents or documents to support the application. After these additional documents are submitted to the Ministry, the application is concluded positively or negatively by the Ministry. If this permit is approved, the foreign national goes back to the Turkish Embassy or Consulate for obtaining a work visa, pays the necessary fees and comes to Turkey with a work visa after obtaining a work visa. Then the employer makes the insurance entry of the foreign national. The foreigner who obtains the visa must enter Turkey within 90 days.

Required documents for application to Turkey’s overseas representations:

– Original and photocopy of passport

-2 photos

-Work visa application form

-Business arrangement

• If the foreign national to be granted a work permit is in Turkey; In order to apply for a foreign work permit, the foreign national must have a valid residence permit for at least 6 months. If there is a valid residence permit, the employer himself or his proxy makes an application to the Ministry of Labor and Social Security through the online system and uploads the necessary documents to the system. Then, the originals of the documents uploaded to the system are sent to the Ministry by mail within 6 working days. The Ministry examines the application, if there are missing documents, it requests these documents or documents to support the application. After these additional documents are submitted to the Ministry, the application is concluded positively or negatively by the Ministry. Necessary fees are paid within 15 days from the approval of the work permit. The work permit card is sent to the employer’s address by PTT cargo by the Ministry. Upon the arrival of the work permit, the employer makes the SGK entry of the foreign national.

If all submitted documents are correct and complete, the Ministry of Labor will finalize the application within an average of 30 days.

What are the Conditions of Obtaining a Foreign Work Permit?

1. Employment of at least five citizens of the Republic of Turkey is mandatory in the workplace for which a work permit is requested. If the foreigner requesting a permit is a company partner, the employment requirement for five persons is sought 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.
2. 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 last year’s export amount must be at least 250,000 USD.
3. The second article will not be applied in the permit requests for foreigners to work in associations and foundations, and the first and second articles will not be applied in the evaluation of the work permit applications of foreigners who will work in the Turkish representations of foreign state airlines, education sector and home services.
4. The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL.
5. 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 wage in force as of the date of application, the minimum wage to be paid to the foreigner;

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

– 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, it is required to be 2 times the minimum wage.

6. In their structure;

– At least three-star tourism establishments certified by the Ministry of Culture and Tourism, certified holiday villages, thermal hotels with operating permits obtained from official authorities, proving that they have a licensed massage parlor,

– 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 Turkish citizens,

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

7. For foreigners to be employed in jobs that require expertise and mastery of 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.
8. The criteria set out in the first and second articles shall not be applied in the evaluation of work permit requests regarding the cases where there are provisions in bilateral or multilateral contracts to which Turkey is a party, and for foreigners to be employed in the procurement of goods and services by public institutions and organizations through contract or tender procedures.
9. 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 first and second articles will not be applied upon the approval to be given by the General Directorate.
10. For foreigners who will be employed in enterprises that meet the conditions of Special Foreign Direct Investment, other than key personnel, the criterion determined by the first article is T.R. based on the number of citizens.

How Much Are Foreign Work Permit Fees?

How Long Are Work Permits Issued?

Work permits of foreigners, who are considered qualified labor and qualified investors, can be issued for up to five years.

Work permits for foreigners who have achieved international success with their scientific, cultural, artistic or sports achievements can be issued for up to three years, provided that they do not exceed the duration of the employment or service contract.

The duration of the work permit for foreign academic staff can be arranged for up to three years, provided that it does not exceed the duration of the employment or service contract.

In terms of work permit application made on behalf of a foreigner living in a marriage union with a Turkish citizen for at least three years in Turkey, work permits can be issued for up to three years, provided that they do not exceed the duration of the employment or service contract.

Rejection of Foreign Work Permit Application

• Not in accordance with international labor policy,
• Made with forged or misleading information and documents,
• The justification for employing foreigners is not considered sufficient,
• For the jobs and professions that are reserved for Turkish citizens in other laws,
• Relating to foreigners who do not have the necessary qualifications and expertise,
• Not meeting the evaluation criteria determined by the Ministry,
• Regarding foreigners notified by the Ministry of Interior to be within the scope of Articles 7, 15 and 54 of Law No. 6458,
• Relating to foreigners who are deemed inconvenient to work in Turkey in terms of public order, public security or public health,
• Except for the approval of the Ministry of Foreign Affairs, for citizens of countries that the Republic of Turkey does not recognize or does not have diplomatic relations with,
• Applications that are not made within the statutory period or whose deficiencies are not completed are rejected.

What Happens If The Work Permit Application Is Rejected?

In case an application is rejected, a new application cannot be made legally from the same workplace for 1 year for that foreign personnel.

Cancellation of Foreign Work Permit Application

The work permit may be revoked if the permit obtained by foreigners who want to work in Turkey is canceled for the reasons specified in the Law or upon the application made by the employer.

After the notification of the decision regarding the cancellation of the work permit, the work permit will be invalid. The foreign national must return the original of the canceled work permit to the Ministry within 1 week from the notification of the cancellation.

Reasons for Cancellation of Work Permit in accordance with Article 15 of the International Labor Law:

• The foreigner does not come to Turkey for 6 months after the work permit is granted.
• Expiration of the foreigner’s passport or the document used instead.
• It is determined that it does not work in accordance with the provisions specified in the International Labor Law.
• Termination of work for any reason.
• It is determined that the information in the work permit application is misleading and the documents are fake.
• Having a Turquoise Card and not submitting the requested information and documents during the transition period, or it is noticed that they have lost their qualifications.
• There is a foreigner who will not be allowed to enter Turkey, who will not be granted a visa, and whose deportation decision will be made.
• Statement by public institutions and organizations that the foreigner’s work in Turkey will adversely affect public order, public safety and public health.
• Being out of Turkey for more than 6 months without interruption in temporary work permits, and for more than 1 year uninterruptedly in independent and indefinite work permits (Health reasons or reasons such as compulsory public service are excluded from these periods.)
• If the foreigner is a Turquoise Card holder and the period of stay abroad exceeds the period determined by the Ministry, the work permit is cancelled.