WORK PERMIT

Requirements In Acquiring Work Permit

  1.  At the workplace for which work permit is requested, at least five persons who are citizens of the Republic of Turkey must be employed.
  2. Paid-in capital of the workplace must be at least TRY 100,000 or the lowest figure for its gross sales amount must be equal to TRY 800.000 or its export amount in the last year must be at least USD 250.000.
  3. For work permit requests concerning foreigners to be employed by associations and foundations, Article 2, and for evaluations regarding work permit applications related to foreigners to be employed in representative agencies of foreign countries’ airlines in Turkey as well as those to work in education sector and home services sector Articles 1 and 2 will not be applied.
  4. Foreigner requesting work permit who is a co-partner of the company must own at least 20% shares in the company, and this percentage shall correspond to at least TRY 40.000, as an obligation.
  5. Salary amount which is declared by the employer to be paid to the foreigner must be at a level which complies with the position and competence of the foreigner. Accordingly, considering the minimum wage amount effective as of the application date, wage to be paid to a foreigner must be equal at least to the following:
    1. 6.5 times the minimum wage amount, for senior executives and pilots as well as engineers and architects requesting preliminary permit
    2. 4 times the minimum wage amount, for unit or branch manager as well as engineers and architects
    3. 3 times the minimum wage amount, for persons to be employed for jobs requiring expertise and proficiency as well as teachers
    4. 1.5 times the minimum wage amount, for persons to be employed for home services and other occupations.
  6. Requests for persons to be employed as masseurs, masseuses and SPA therapists, occupations requiring expertise and proficiency, by tourism establishments with at least four stars licensed by the Ministry of Culture and Tourism proving that there is a licensed massage parlor within their facilities, as well as licensed holiday resorts will be evaluated, while requests by establishments and workplaces which are not meeting these criteria will not be considered appropriate.
  7. For foreigners to be employed by firms operating in the entertainment sector as well as tourism-animation organization firms for occupations requiring expertise and proficiency there will not be a separate quota application provided that at least 10 persons who are citizens of the Republic of Turkey are employed in these firms.

Documents required from the employer at the time of the initial application

There are two application ways to be granted work permit in Turkey.. Foreigners who have residence permit valid for 6 months can apply from Turkey for work permit. Foreigners who does not have residence permit can apply from foreign representative office of Turkish Republic in foreign country for work permit and visa. The required documents will be sent online on the e- permit automation system.

  • Work permit application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer).
  • Foreign personnel application form (The form filled online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. If the signed form is unavailable, the employment agreement executed by and between the parties must be submitted. The application will not be processed in the absence of a signed form or a labor contract.)
  • The Trade Registry Gazette of Turkey, detailing the current shareholding and capital structure of the entity (The document must be scanned and submitted during the online application).
  • A balance sheet and a profit/loss statement for the most recent year, certified by the tax office or certified public accountant (The document must be scanned and submitted during the online application).
  • Information and documents stating that the entity is subject to Special Foreign Direct Investments* (These documents must be scanned and submitted during the online application).
  • A document stating that entities (including consortiums) awarded international tenders by government agencies or organizations have been contracted for the awarded job from the relevant agency or organization (The document must be scanned and submitted during the online application).
  • In the case of legal entities that are to employ foreign specialists in the field of engineering, architecture, contracting, and consulting services, a payroll document stating that Turkish engineers/architects/city planners are employed for the same occupation (The document must be scanned and submitted during the online application).
  • Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting to the employment of the user at the applicant entity or organization (The document must be scanned and submitted during the online application).

Documents required from the foreigner at the time of the initial application

  • In the case of applications filed in Turkey, a copy of the residence permit issued for other than education purposes with a term of at least six months remaining as of the date of application (The document must be scanned and submitted during the online application).
  • If a foreigner who files a work permit application does not hold a valid residence permit, the foreigner is required to file an application to the consulates of the Republic of Turkey in the country of which he/she is a citizen or a permanent resident, submitting his/her labor contract or a document attesting to company partnership. However, if the company meets at least one of the criteria required for Special Foreign Direct Investments*, the work permit application can be filed directly with the Ministry of Labor and Social Security provided that the foreigner to be employed with key personnel status is currently staying in Turkey on a legitimate basis (by submitting a copy of the passport showing the visa and entrance date, or a letter obtained from the Police Department). Other key personnel who are granted work permits in this context are required to obtain work visas from consulates of the Republic of Turkey, and enter the country with that visa.
  • In the case of foreigners who are key personnel, the documents and information specified in article 10/b of the Regulation on the Employment of Foreign Nationals with Foreign Direct Investments (The documents must be scanned and submitted during the online application).
  • Copy of the passport (where the passport is not printed in the Latin alphabet, a sworn translation or an official certified translation must be attached. The document must be scanned and submitted during the online application).
  • Sworn translation or an official certified translation of the diploma or provisional graduation certificate (The document must be scanned and submitted during the online application, as well as submitted in hardcopy).
  • In addition to the above mentioned documents, foreigners who file an application for work permits within the framework of professional services and who hold a degree from abroad must file a “Diploma or Provisional Graduation Equivalency Certificate” obtained in accordance with the “Regulation on the Equivalency of Diplomas from Foreign Higher Education Institutions” (The document must be scanned and submitted during the online application).

EDUCATION SECTOR

For the foreigners who will be assigned for educational institutions of the government affiliated with the Ministry of the National Education, a document which are obtained from Ministry of National Education demonstrates professional competency of the foreigner (advance fixing certificate)

For private institutions which will employ foreigners, “Authorisation” and “Permission for Establishing an Institution and Starting an Education”

HEALTH SECTOR

For member of professions who will be assigned at the private health institutions affiliated with the Ministry of Health, Advance Fixing Certificate which is received from the Provincial Directorate of Health where relevant health institution resides demonstrates professional competency of the foreigner.

For a private health institution which will employ foreigner, Activity Permission

Document which is received from Provincial Directorate of Health.

TOURISM SECTOR

For member of professions who will be assigned at the private health institutions affiliated with the Ministry of Health, Advance Fixing Certificate which is received from the Provincial Directorate of Health where relevant health institution resides demonstrates professional competency of the foreigner.

For a private health institution which will employ foreigner, Activity Permission

Document which is received from Provincial Directorate of Health.

ENTERTAINMENT SECTOR

Translation of Testimonial verified by official authorities or certified translator. Scanned copy of this document shall be sent online during application.

A labour contract which is drafted Turkish and English and have both parties signature, scanned copy shall be sent during online application.

Tourism Establishment Certificate which is obtained from the Ministry of Culture and Tourism.

Compulsory Terms For the Labour Contracts Made with Foreign Artists:

  • Commitment of return travel tickets and travel expenses will be covered by a employer following their working time.
  • Commitment of the salary will not be 3 times less than the minimum wage.
  • Tax number of the firm
  • Rights of the employee, liaison numbers of the Provincial Directorates of the Work and Labour Institution, numbers of Police Emergency Line 155, Victims of Human Trafficking Helpline 157 and Helpline Alo 170

Aviation Sector

Translation of Pilot’s Licence verified by official authorities or certified translator. Scanned copy of this document shall be sent online during application.

Work permit become valid with Validation Document which is obtained from General Directorate of Civil Aviation, the Ministry of Transportation and validates the licences of the foreign pilots.

Engineers and Architectures

  • Foreigners whose work permit is requested, in case of finished higher education at foreign country, “Diploma” or “Interim Graduation Certificate” which is duly obtained according to the recent regulations (Scanned copy of this document shall be sent online during application).
  • Salary Roll demonstrates that a firm which will employ expert in the field of engineer/architecture/city planner has already employed Turkish employee at the same profession (Scanned copy of this document shall be sent online during application)

Application for Extension

Applications for extension of the work permit must be filed by the foreigner or the employer directly with the Ministry of Labor and Social Security, by submitting the original copy of the previous work permit, along with the application form and the documents specified in the appendix of the implementation regulation.

The work permit and term extension applications must be first submitted online. In order for the work permit or term extension applications filed online and pre-approved by the system to be valid, the application form print-out with barcode, generated online, must be signed by the foreigner and the employer, and submitted, along with the other documents specified in the appendix to the regulation, to the Ministry of Labor and Social Security within a maximum of six business days following the pre-approval of the online application, either in person or via mail.

Term extension applications should be filed at most two months in advance of the expiration date of the permit. Extension applications filed within a maximum of fifteen days following the expiration of the work permit will also be processed. The term extension applications filed thereafter are subject to the principles applicable to foreigners who file an application for the first time. In the case of work permit term extension applications filed with a valid residence permit (as with first-time applications filed while in Turkey), the required documents must be submitted to the Ministry of Labor and Social Security within six business days following the online application.

Term extensions for a period of two years may be filed for an existing work permit following the statutory one-year work permit term provided they are for employment with the same entity or enterprise and for the same profession. At the end of the statutory three-year work permit term, the existing work permit may be extended for a further three years, for employment with any employer, for the same profession. Foreigners who have resided in Turkey for at least eight uninterrupted years on a legal basis, or foreigners who have a total of eight years of employment with a work permit, may file applications for indefinite work permits.

Documents required from the employer at the time of extension applications

  • Work permit term extension application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer).
  • Foreign personnel application form (The form filled out online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. The labor contract executed by and between the parties must be submitted where the signed form is unavailable. The application cannot be processed in the absence of a signed form or labor contract.)
  • The Trade Registry Gazette of Turkey detailing the current shareholding and capital structure of the entity, if modified since the initial submission (The document must be scanned and submitted during the online application).
  • Document attesting that the employer has no outstanding tax obligations (This information must be accessed by the Ministry of Labor and Social Security through the records of the Ministry of Finance).
  • The Social Security Institution registration number of the insured foreigner named in the application form, and information regarding whether or not the employer has fulfilled its social security obligations regarding the foreigner (This information must be accessed by the Ministry of Labor and Social Security through the records of the Social Security Institution).
  • Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting the employment of the user at the applicant entity or organization (The document must be scanned and submitted during the online application).

Documents required from the foreigner at the time of extension applications

  • Copy of the passport (where the passport is not printed in the Latin alphabet, a sworn translation or an official certified translation must be attached. The document must be scanned and submitted during the online application).
  • Previous work permit and cover letter (The documents must be scanned and submitted during the online application).
  • Residence permit for work, covering the term of the work permit issued by the Ministry of Labor and Social Security (The document must be scanned and submitted during the online application).
  • Provisional membership certificate required from foreigners who are granted work permits for work as an engineer, architect, or city planner, as per article 36 of Law no. 6235 on Turkish Association of Chambers of Engineers and Architects (The document must be scanned and submitted during the online application).

Special Foreign Direct Investments

The “Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments” introduced special provisions regarding work permits in order to facilitate work permits. Work permit applications required for personnel to be employed within the framework of foreign direct investments to which these provisions are not applicable are subject to the abovementioned general provisions (Law no. 4817 and Implementation Regulation).

The scope of the Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments is defined on the basis of two fundamental criteria:

  • Special Foreign Direct Investments (including liaison offices)
  • Foreign national key personnel

The term “Special Foreign Direct Investment” refers to a company or branch subject to Law no. 4875, and meeting at least one of the following criteria (figures applicable for year 2018):

  • Provided that the foreign shareholders hold at least TRY 1,526,057 of the capital, the company or branch registered a turnover of at least TRY 114.7 million in the most recent year.
  • Provided that the foreign shareholders hold at least TRY 1,526,057 of the capital, the company or branch posted an export figure of at least USD 1 million in the most recent year.
  • Provided that the foreign shareholders hold at least TRY 1,526,057 of the capital, the company or branch employs in the most recent year, at least 250 personnel registered before the Social Security Institution.
  • Provided that, in cases where the company or the branch is to make investments, the planned minimum investment figure is at least TRY 38.1 million.
  • Provided that the company has a foreign direct investment in at least one more country other than the country where its headquarters is located.

“Key personnel” refers to personnel who meet at least one of the following criteria, at the legal entity located in Turkey:

a) Persons serving as a company shareholder, chairman of the board of directors, member of the board of directors, chief executive, vice president, executive, assistant executive or similar positions, with authority or a role in at least one of the following: A senior management or executive position in the company Managing the whole or a part of the company Auditing or controlling the work of the company auditors, or administrative or technical personnel Hiring new personnel or terminating the employment of existing personnel, or making proposals concerning these issues b) Holding key knowledge regarding the services, research devices, techniques, or management of the company (Testimonial and its translation, copy of diploma and its translation and other documents and informations related to the area that employee will be employed and its translation. For instance, bank receipts verified by banks demonstrates exportation between countries, copy of the exchange purchase document) c) At liaison offices, a maximum of one person in whose name the authorization certificate is issued by the overseas parent company

Liaison Offices

For foreigners who will be employed at the Liaison Offices, official authorisation received by the Ministry of the Economy, scanned copy of this document will be sent online during application)

For liaison offices, documents regarding to foreign currency at the amount of 200.000 USD or equivalent is brought in the last year (Authorization Certificate for an executive of the office and Bank receipts regarding to foreign currency, letter from bank, documents such as copy of the foreign currency purchase)

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