Turkey: Residence And Work Permits For Foreigners In Turkey

Last Updated: 12 June 2017
Article by Irmak Dirik, Sezin Akoglu Duzenli and Melis Buhan

The Law regarding Foreigners and International Protection (Law No: 6458) has been published on the  Official Gazette dated April 11, 2013 and numbered 28615. The purpose of the law is to regulate the  principles and procedures regarding the residence permits to be granted to the foreigners, visa  requirements and the scope and implementation of the protection to be provided to foreigners who  seek protection from Turkey.

As per Article 11 of the Law regarding Foreigners and International Protection, foreigners  intending to stay in Turkey up to 90 days shall obtain a visa stating the purpose of the stay. Such  visa shall be issued by the consulates of the Republic of Turkey in their country or legal  residence. The period of stay in Turkey provided by the visa or visa exemption shall not exceed 90  days within each period of 180 days.

Moreover, further to Article 19 of the Law regarding Foreigners and International Protection,  foreigners who intend to stay in Turkey beyond the visa or visa exemption period or more than 90  days are obliged to obtain a residence permit to stay in Turkey. The residence permit shall become  invalid if it is not used for the period of 6 months.

Therefore, in case a foreigner intends to stay in Turkey more than 90 days within a period of 180  days, such foreigner is required to obtain a residence permit from the competent authority in  Turkey. Otherwise, administrative fines and other sanctions stipulated under the Law  regarding  Foreigners and International Protection will be in question depending on the conditions of each  violation.

Residence permit applications shall be made to the consulates of the Republic of Turkey in the  country of nationality or legal residence of the foreigner. The evaluation of the relevant  residence permit application shall be concluded no later than 90 days.

On the other hand, certain types of residence permit applications listed under the Law regarding  Foreigners and International Protection may be filed within Turkey such as long term residence  permits and student residence permits.

With respect to the residence permit applications to  be made in Turkey, an online appointment  shall be taken by the foreigner in order to apply to the authorized foreigners department of the  Police Headquarters. Accordingly, the application shall be evaluated once the required documents  are fully submitted to the relevant foreigners department.

Kindly note that further to the Law regarding Foreigners  and International Protection,  governorates are authorized to refuse the residence permit applications filed in Turkey. However,  currently in practice the General Directorate of Immigration Management evaluates the applications.  Refusal, non-renewal or cancellation of the application shall be notified to the foreigner or  his/her legal representative.

As per Article 27 of the Law regarding Foreigners and International Protection, a valid work permit  as well as Work Permit Exemption Confirmation Document shall be considered as a legal residence  permit.

The principles and procedures regarding the work permits of the foreigners are regulated under the  International Labour Force (Law no: 6735) (the "Law") which is published on the Official Gazette  dated August  13, 2016 and numbered 29800. This Law has abolished the Law Regarding Work Permits of  the Foreigners (Law no: 4817). Although, the principles and procedures regarding the work permits  in Turkey are changed in 2016, such changes do not restructure the work permit procedures.

This Law covers real or legal entities who employ foreigners and also foreigners who work or  applies to work in Turkey, who receive or apply to receive vocational training from an employer in  Turkey, who want to work as a trainee and lastly who provide temporary services in  Turkey. Work  permit exemptions are also covered by this Law.

Further to Article 4 of the Law, the Ministry of Labour and Social Security (the "Ministry") is  authorized to determine  a policy in relation to the international work force by considering the  decisions of the International Labour Policy Advisory Board.

International labour policy shall be determined by considering certain conditions such as  developments in employment, variations in the sectoral and economic conditions, development plans,  economic, social and cultural relations with the country of nationality of the relevant foreigner  and reasons of demand for the employment of a foreigner instead of a Turkish citizen.

Work permit applications may be submitted directly to the Ministry or to the Turkish diplomatic  representatives of Turkey in the foreigner's country of origin or country of legal permanent  residence. Work permit applications may also be submitted by the authorized intermediary firm.

Work permit applications in Turkey shall be made electronically and the required documents such as  the application form shall be uploaded to the network of the Ministry. Once the electronic  application is completed, the hard copies of the required documents shall be submitted to the  Ministry within 6 business days following the electronic application date.

Applications regarding the renewal of work permits can be made within 60 days before the expiration  date of the work permit. Any renewal applications submitted after the expiration date shall be  rejected.

If the Ministry ascertains any outstanding document, the application shall be postponed and such  postponement shall not exceed 30 days except the force majeure. If the outstanding documents are  not provided within the postponement period shall be rejected. The Ministry shall conclude the work  permit applications in due form within  30 (thirty) days as of the date of the application,  provided that all the application documents are complete.

As per Article 8 of the Law, foreigners who will work in health and education services that  requires professional competency shall obtain a preliminary permit.

There are certain types of work permits are regulated under the Law: (i) definite term work  permits, (ii) indefinite term work permits and (iii) independent type of work permits.

Work permit for a definite period shall be valid for one year at the most. During the evaluation,  the Ministry shall consider the duration of residence permit and the employment contract in  addition to the situation of the market, developments in the labour sector, sectorial and economic  conjuncture changes.

Moreover, the work permit may be renewed for maximum two years in the first renewal application and  for maximum three years in the following renewal applications.

Foreigners who have obtained long term residence permit  or who have legally worked for eight years  in total may apply for work permit with indefinite term.

Independent type of work permits applications are  evaluated within the scope of international  labour policy by considering certain conditions such as foreigner's education level, occupational  experience, contribution in science and technology, the impact of foreigner's operations in Turkey  or investment on the national economy and employment.

Additionally, a) managers of the limited companies who also have the shareholder status, b) board  members of the joint stock companies who also have the shareholder  status, c) manager shareholders of the commandite companies,  may work by obtaining  work permit.

In addition to above, a Turquoise Card is provided to the foreigners whose applications are  approved in accordance with the recommendations of the International Labour Policy Advisory Board  and the procedures and principles determined by the Ministry by considering foreigner's education  level, occupational experience, contribution in science and technology, the impact of foreigner's  operations in Turkey or investment on the national economy and employment.

Residence permit does not grant right to work in Turkey. On the other hand, work permits are also  considered as residence permits.

Lastly, work permit exemptions, exceptions for work permit applications, foreigners who are  included in the scope of international protection and foreign students are also specifically  stipulated under the Law.

New regulations specifying certain provisions are expected to be issued in the near future.

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.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
Similar Articles
Relevancy Powered by MondaqAI
Yalcin & Toygar
Sahin Law Firm
Baspinar & Partners
 
Some comments from our readers…
“The articles are extremely timely and highly applicable”
“I often find critical information not available elsewhere”
“As in-house counsel, Mondaq’s service is of great value”

Related Topics
 
Similar Articles
Relevancy Powered by MondaqAI
Yalcin & Toygar
Sahin Law Firm
Baspinar & Partners
Related Articles
 
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
 
Email Address
Company Name
Password
Confirm Password
Position
Mondaq Topics -- Select your Interests
 Accounting
 Anti-trust
 Commercial
 Compliance
 Consumer
 Criminal
 Employment
 Energy
 Environment
 Family
 Finance
 Government
 Healthcare
 Immigration
 Insolvency
 Insurance
 International
 IP
 Law Performance
 Law Practice
 Litigation
 Media & IT
 Privacy
 Real Estate
 Strategy
 Tax
 Technology
 Transport
 Wealth Mgt
Regions
Africa
Asia
Asia Pacific
Australasia
Canada
Caribbean
Europe
European Union
Latin America
Middle East
U.K.
United States
Worldwide Updates
Registration (you must scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions