The Ministry of Labor announced important changes to work permit exemptions. The amendments to the Implementing Regulations on the International Workforce Law concern several work permit exemption categories, including AMS (assembly maintenance and service), Press, and CBSP (cross-border service provider). The amendments were published in the Official Gazette on October 15, 2024, and entered into effect on the same day. The changes/amendments mainly focus on the following matters:
- Significant Contribution Exemption: The maximum length of the work permit exemption status that can be granted is extended from "six months" to three years for foreign nationals who the relevant public institutions and organizations declare as able to provide significant service and contribution to Türkiye in economic, socio-cultural, and technological fields or in the education sector;
- Domestic filing of Exemption: The requirement of applying for a work permit exemption application domestically within a "30-day deadline following the entry, provided that the visa or visa exemption period is not exceeded" is removed. Now, a foreign national is allowed to apply anytime as long as s/he remains under a lawful status in Türkiye;
- Press Exemption: Provided that they have positive feedback from the Presidency's Directorate of Communications (Directorate), foreign national press members who hold permanent press cards can apply for a work permit exemption status instead of a work permit application. The details of the process should be first discussed case by case with the Directorate and Ministry of Labor before submitting a work permit or a work permit exemption application;
- AMS/CBSP Exemption: If work permit exemptions are granted by the Ministry of Labor under the scope of sub-paragraphs referring to assembly and maintenance services (b) and cross-border service provider services (c) of Article 48, a new application cannot be filed under the scope of the same exemption unless a period of six months has passed from the date of issuance of the work permit exemption. So, with the new amendments, issuing a 90-day work permit exemption within the same scope every six months is possible. And, for other work permit exemptions, a period of twelve months from the date of issuance of the work permit exemption must pass.
As guidance and details develop, we will advise you further. In the meantime, you can access the amendments by using the following link: https://www.resmigazete.gov.tr/eskiler/2024/10/20241015-1.htm.
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.