Application Regulation Concerning Law on Work Permits of Foreigners (Regulation), which has the purposes of giving, limiting and canceling work permits, regulating the procedure and principles of foreigners who will be exempted from the work permit and how to fulfill the obligation of notification in Turkey, was changed and innovated by the Amendment Regulation published on the Official Gazette dated January 22, 2015.
As mentioned in the Law, foreigners must obtain work permit before working dependent or independent in Turkey. On bilateral or multilateral agreements, which Turkey is a party, may be agreed otherwise. However, foreigners who are specified in the first paragraph of Article 55 of the Regulation do not need to obtain a work permit. Mentioned amendment only subjects foreigners who are described under clauses (c) and (ç) of Article 55 entitled "Exemptions".
Amendment is only for the "Exemptions"
The phrase "not exceeding three months from the date of entry to Turkey" mentioned in the clauses (c) and (ç) of the first paragraph of Article 55 was changed to "not exceeding three months total in a year from the date of entry to Turkey" with the amendment. With this change, with the purposes of providing training concerning the installation, maintenance and repair and how to use for the imported machinery and equipment to Turkey or receiving the equipment or repairing the machinery malfunctioned in Turkey; or providing training concerning how to use of the goods and services which are exported from Turkey or imported to Turkey, people who come to Turkey or in Turkey under the conditions of "not exceeding three months total in a year from the date of entry to Turkey" and submitting the documents to prove this situation, do not need to obtain work permits. As it is known, a limited duration that the related three-month-time will pass within was not determined in the old form of Regulation; however it is now limited to one year.
As another change, phrase "(c), (ç)" mentioned in the third paragraph of Article 55 was repealed. Thus, foreigners subject to the related clauses were excluded from the scope of the phrase "... benefit from the exemption clauses only once in a calendar year".
Lastly, a fourth paragraph was added to the Article 55. According to this paragraph, multiple entry opportunities to Turkey will be provided to the foreigners subject to clauses (c) and (ç) under the condition of not exceeding three months total duration of stay in Turkey within a year from the date of entry to Turkey.
To conclude, some changes and innovations were made concerning specified foreigners about exemption from work permit with the amendments published on January 22, 2015. Foreigners who fit in the definitions in the clauses (c) and (ç) of Article 55 of the Regulation shall be exempt from work permit upon the relevant amendment.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.