The "Work Permit Evaluation Criteria" implemented in accordance with the Additional Article of the International Labor Law Implementation Regulation have been updated in accordance with Article 22 of the same Regulation and the new work permit evaluation criteria entered into force as of October 1, 2024. With the new regulation, the employment, financial adequacy and wage criteria included in the work permit evaluation criteria have been revised and new regulations have been made based on sector, profession or job.
A. General Evaluation Criteria
1. Employment Criterion
The requirement to employ up to five foreigners in a workplace that is subject to the balance sheet method and has a net sales amount of at least TL 50.000.000 in the last year will not be applied. After the fifth foreigner, the employment criterion will be sought.
No exception will be granted for workplaces that do not meet this criterion, and the employment of at least five Turkish citizens for each foreigner who is wanted to be employed in the workplace where the foreigner for whom the work permit application is made will continue to be the basis.
* In the old regulation, there was a requirement to employ five Turkish citizens for each foreigner; in the new application, an exception has been made for companies under certain conditions.
2. Financial Adequacy Criteria
According to the new financial adequacy criteria, which will come into effect on 01.10.2024;
- For newly established businesses (those without a year-end balance sheet and income statement), the paid-in capital must be at least TL 500.000.
- For active businesses (those with at least one year-end balance sheet), the paid-in capital must be at least TL 500.000, or net sales must be at least TL 8.000.000, or exports must be at least USD 150.000.
- For joint ventures established by businesses subject to the balance sheet method, at least one partner must have a paid-in capital of at least TL 500.000, net sales of at least TL 8.000.000, or exports of USD 000.
3. Wage criterion
The wage to be paid to the foreigner, taking into account the gross minimum wage amount in effect as of the work permit application date;
- For senior managers and pilots, 5 times the minimum wage,
- For engineers and architects, 4 times the minimum wage,
- For other managers, 3 times the minimum wage,
- For those who will work in jobs requiring expertise and mastery, 2 times the minimum wage,
- For foreigners who will work in household services and other professions/jobs, the minimum wage level cannot be less than the following.
4. Exception to employment and financial adequacy criteria
For foreign nationals who have legally resided in Turkiye for at least three years, excluding student residence, within the last five years under legal residence, work permits, or international protection, employment and financial adequacy criteria are not required for up to three foreign workers in domestic work permit applications.The number of foreign workers with work permits in a workplace must not exceed the number of Turkish citizens employed in the same workplace.
For foreigners under international protection, if more than three foreign workers will be employed in a workplace, the employment and financial adequacy criteria must be met for each additional foreign worker, requiring the employment of five Turkish citizens for each foreign worker.
B. Evaluation Criteria for Foreign Partners in Companies
In businesses subject to the balance sheet method, for work permit applications made for a foreigner who establishes a new business or becomes a partner in an existing one:
- The foreigner must have at least 20% ownership in the business and the capital must be at least TL 500,000.
- The business must employ at least five Turkish citizens. The first work permit will be issued with a condition, and starting from the seventh month, at least five Turkish citizens must be employed each month.
For a foreign partner with a capital share of USD 100,000 or more, the criteria set forth in paragraphs (a) and (b) of the first clause will not apply when evaluating the work permit application.
Conclusion
With the new regulation, it is essential to consider the current criteria and review the effective dates before applying for a work permit. The Work Permit Evaluation Criteria are of vital importance for a successful application outcome. In line with the changes made and the exceptions introduced, factors such as whether the companies operate on a balance sheet basis, whether they are newly established or already operating companies, whether they have a simple partnership structure, and whether the foreign person has previously resided legally in Turkiye are taken into consideration
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.
