What is a Work Permit? How to Obtain a Work Permit in Türkiye?

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What is a Work Permit?

A work permit is an official document issued by the Ministry that grants the foreign individual the right to work and reside in Türkiye during its validity period. This permit is regulated within the framework of the International Workforce Law No. 6735 and formalizes the employment relationship between employers in Türkiye and foreign employees. Without a work permit, it is not legally possible for foreign nationals to work in Türkiye. In Türkiye, a work permit is issued by the Ministry of Labor and Social Security and is an essential document for foreigners to participate in the workforce. However, obtaining this permit is not only a matter of applying, but also a complex process that involves fulfilling certain legal procedures comprehensively and meticulously preparing the necessary documents.

What are the Types of Work Permits?

Temporary Work Permit

A temporary work permit is granted for up to one year on the first application, conditional upon employment under a specific employer and within a predetermined sector. This permit allows for employment only at designated workplaces or within the same sector, without exceeding the duration of the employment or service contract specified.

According to Article 10/1 of the International Labor Law, "If the application is positively evaluated, the foreigner is granted a work permit valid for no more than one year on the first application, on the condition that it does not exceed the duration of the employment or service contract, and that it is for working in a specific job at a specific workplace owned by a real or legal person, or at public institutions or organizations, or at their workplaces within the same sector."

Regarding the extension of the temporary work permit, it is possible to apply for an extension after the initial duration has ended. If this extension application is accepted, the foreign national can be granted a work permit for up to two years for the first extension and up to three years for subsequent extensions, under the same employer.

Indefinite Work Permit

An indefinite work permit is a right granted to foreigners who have had a legal work permit in Turkey for at least eight years or hold a long-term residence permit. Foreigners with this permit can work without being dependent on a specific job or employer within the country, and they can also benefit from social security and other legal rights similarly to Turkish citizens. However, this right does not cover citizenship rights such as voting, being elected, or holding public office. Applications for an indefinite work permit are evaluated within the framework of the relevant legislation if the application requirements are met.

The permanent work permit includes documents that need to be updated every five years from the date of issuance. The update process must be carried out within six months before the five-year period expires, and it is mandatory to complete this process before the period ends. However, even those holding an indefinite work permit cannot work in certain professions or sectors restricted to Turkish citizens. These regulations demonstrate that the opportunities provided by work permits for foreigners in Turkey also come with certain limitations.

Independent Work Permit

An independent work permit is a type of permit that allows foreigners to conduct business in Türkiye on their own behalf. This permit is especially intended for foreign professionals with certain qualifications and those wishing to establish a business in Türkiye. Under this permit, foreigners can work or continue their activities in their field of expertise without being tied to a specific employer.

Applications for an independent work permit are evaluated based on the foreigner's education, professional experience, and the contribution of their activities in Türkiye to the economy. This type of permit aims to facilitate the activities of foreign professionals and investors in Türkiye.

During the application process, all relevant documents must be submitted completely, and if the application is positively evaluated, the foreigner is granted the right to work independently in Türkiye. With this permit, foreigners can establish their own businesses and contribute to employment and the economy in Türkiye.

How to Obtain a Work Permit?

To obtain a work permit, foreign worker candidates must first apply for a work permit and visa at the relevant Turkish Republic foreign representations. However, if the foreigner is in Türkiye with a valid residence permit of at least 6 months, the work permit application can also be made domestically.

What are the Types of Work Permit Applications?

There are two different application types for obtaining a work permit in Türkiye, depending on the residence status.

Domestic Application

Foreign citizens residing in Türkiye are not required to apply for a work permit through Turkish consulates abroad. However, in order to obtain a work permit, these foreign citizens must have a valid residence permit for at least six months.

If the foreign employee has a valid residence permit for at least six months in Türkiye, an application should be made to the Ministry of Labor and Social Security. Some foreigners who are legally present in Türkiye but do not have a valid residence permit may apply for a work permit within the special conditions set by the Directorate General of International Labor. This situation is evaluated based on the qualifications of the foreigner and their activities in Türkiye.

In applications made from within the country, an insured employment declaration must be submitted within 30 days from the date of work permit approval. It should also be remembered that foreigners who come to Türkiye with a residence and work permit from consulates must register in the address registration system within twenty business days from their entry date.

Overseas Application

Work permit applications are made through the Turkish embassy or consulate in the foreign citizen's country or in the country where they are legally residing. If the foreigner will work for a Turkish employer, the applicant must first obtain a reference number from the relevant embassy or consulate. Then, the employer is required to upload the requested documents and information into the system and get the application approved. Once these processes are completed, the work permit application is finalized. If the foreigner will not work with a Turkish employer, the application process is completed only by submitting the necessary documents and information to the relevant embassy or consulate, uploading them to the system, and getting them approved.

For work permit applications made from abroad, foreigners must fulfill the legal requirements and start their work no later than one month from the date of entry into Türkiye and in any case within six months from the start date of the work permit.

Documents Required for a Foreign Work Permit

Both the company and the foreign worker candidate are required to provide certain documents for the work permit application. These documents are delivered to the Ministry through an online system authorization. Following the delivery of the documents, the work permit application is taken into consideration.

Documents Required for the Foreign Worker

• Employment contract signed with a current date (monthly salary of XXXX Turkish Liras / gross monthly amount must be explicitly stated. Employment contracts must be signed in blue ink by both the employer and the foreign employee.)
• Passport (If the passport is not written in Latin letters, a certified translation by a sworn translator or official authorities is required.)
• Copy of Diploma or Temporary Graduation Certificate with a certified Turkish translation by a sworn translator or official authorities.
• Photograph (Biometric ID Photograph)
• Contact information of the foreigner (email address/phone number)
• Reference number: The candidate employee must visit the Turkish Consulate/Embassy in the country where they legally reside to obtain a reference number.

Documents Required for the Company

• Tax Registration Certificate
• Trade Registry Gazette
• Workplace Balance Sheet
• Activity Certificate
• Preliminary Permit (For Education Sector/Health Sector)

However, for Work Permit processes of Liaison Offices established with the permission of the Ministry of Industry and Technology:

• Instead of corporate tax declaration and provisional tax declaration, "Annual Activity Report" should be submitted.
• Instead of Trade Registry Gazette and Activity Certificate, "Ministry Permission Letter and Permission Extension Letters" should be submitted.

*Documents requested may vary depending on the occupation, sector, or status of the foreigner.

2024 Work Permit Fees and Valuable Paper Fees

The costs for the year 2024 are as follows:

What are the Criteria for Evaluating a Work Permit?

There are certain validity conditions for foreign work permits in Türkiye.

1. Employment Criteria:

In workplaces where a work permit is requested, the employment of at least five Turkish citizens is mandatory. However, in workplaces where the net sales amount of the last year is 50,000,000 Turkish Liras or more, the employment criteria do not apply for the evaluation of work permit applications for up to five foreign employees.

2. Financial Adequacy Criteria:

In Türkiye, specific capital, turnover, or export criteria are required for workplaces subject to the balance sheet basis when applying for foreign work permits.

For newly established workplaces that have not yet prepared a year-end balance sheet or annual income statement in the current year, the paid-in capital of the workplace must be at least 500,000 TRY.

On the other hand, for workplaces with at least one year of activity history that have prepared a year-end balance sheet and annual income statement, the paid-in capital of the workplace must be at least 500,000 TRY, or net sales must be at least 8,000,000 TL, or exports must be at least 150,000 USD when applying for a foreign work permit.

In applications made for ordinary partnerships established by workplaces subject to the balance sheet basis, at least one partner must have a paid-in capital of 500,000 TRY, net sales of 8,000,000 TRY, or exports of 150,000 USD. Meeting these conditions allows for fulfilling the basic economic requirements for applying for a foreign work permit.

The limits regarding the paid-in capital and net sales stated in the above-mentioned "financial adequacy criteria" section will come into effect on January 1, 2025. Until January 1, 2025, it will be sufficient for the workplace to have at least 100,000 TRY in paid-in capital, gross sales of at least 800,000 TL, or exports of at least 150,000 USD in the last year for work permit applications.

3. Wage Criteria

On a legal basis, it is of great importance that employee wages are updated annually in parallel with the minimum wage increase, that they are not paid below the minimum wage, especially considering the appropriate multipliers for their positions, and that SGK (Social Security Institution) premium payments are made without interruption.

The monthly wage declared by the employer to be paid to the foreign employee must be an amount that is consistent with the position in which the foreigner will work.

The wage to be paid to the foreign employee must not be less than the amounts detailed below, considering the gross minimum wage in effect as of the work permit application date.

*The amount of wage to be paid to the employee should be updated annually, considering the changing minimum wage amount based on the following criteria.

Minimum Wage Multiplier Rates by Position for Work Permit

Financial Adequacy and Employment Criteria for Foreign Company Partners

In workplaces operating on a balance sheet basis, when a foreign individual opens a new workplace or becomes a partner in an existing workplace, certain financial and employment criteria are taken into account.

Accordingly, the following conditions are sought in work permit applications:

• For a work permit application made on behalf of a foreigner who opens a new business or becomes a partner in an existing business, the foreigner must have a capital share of at least 500,000 TRY and a minimum partnership share of 20%. In this case, the paid-in capital of the workplace must also be at least 500,000 TRY.
• Additionally, the employment of at least five Turkish citizens in the workplace is mandatory. When granting the first work permit to a foreign company partner or business owner, this condition is issued as conditional, and from the seventh month of the permit period, at least five Turkish citizens must be employed in the workplace every month.
• However, in work permit applications made for foreign partners with a capital share of 100,000 USD or more, the above-mentioned capital and employment criteria do not apply.

The application related to the capital amount limit in the above-mentioned "Financial Adequacy and Employment Criteria for Foreign Company Partners" section will come into effect on January 1, 2025. Until January 1, 2025, it will be sufficient, in terms of financial adequacy criteria, for the foreign partner's capital amount to be at least 40,000 TRY for work permit applications.

What is a Work Permit Extension Application and How is it Done?

In Türkiye, foreign nationals' work permits are permits that need to be renewed after a certain period. It is of great importance for foreign employees and their employers to manage this process timely when the expiration of the work permit is approaching. The request to extend the work permit is made electronically through e-Government (e-Devlet), just like the initial application. The application for work permit extension can be started 60 days before the permit expiration date and must, in any case, be made before the permit expires. Otherwise, extension applications made after the permit expires are automatically rejected.

In the first extension application made when the initial period of the work permit expires, the permit can be extended for up to two years. In the second and subsequent extension applications, this period can be extended up to three years.

For foreign nationals working in fields such as health and education that require professional competence, a pre-authorization is required for work permit applications, as well as for extension applications in these sectors. For example, pre-authorization from the Ministry of Health is an essential part of extension applications for foreigners working in the health sector, and pre-authorization from the Ministry of National Education is required for those working in education. For extension applications for foreign faculty members working at higher education institutions, pre-authorization from the Council of Higher Education (YÖK) is required. Additionally, applications for foreign nationals who will work as R&D personnel in companies holding an R&D Center Certificate under Law No. 5746 on Supporting Research, Development, and Design Activities and related legislation are evaluated if there is a favorable opinion from the Ministry of Science, Industry, and Technology.

Who are the Foreigners Exempted from Work Permit?

A work permit exemption can be described as an official document that grants the foreigner the right to work and reside in Türkiye without obtaining a work permit within its validity period. Foreign nationals eligible to apply for work permit exemption and exemption periods are regulated under Article 48 of the Implementation Regulation of the International Workforce Law.

"“(1) With the provisions of special laws and provided that the liabilities of the employer and the foreigner arising from other laws are reserved;

1. Foreigners who will work within the scope of scientific, cultural, and artistic activities for up to one month,
2. Foreigners coming for the purpose of training related to the use of goods and services exported from or imported to Türkiye, or to provide training on the installation, maintenance, and repair of imported machinery and equipment, or to take delivery of the equipment or to repair vehicles broken down in Türkiye for up to a total of three months,
3. Cross-border service provider foreigners for up to three months,
4. Non-resident board members of joint-stock companies established under Law No. 6102 and partners of other companies who do not have a managerial position, and foreigners who will work in Türkiye authorized at the highest level for representation and binding for these companies for up to three months,
5. Individuals reported by the Ministry of Interior or the Ministry of Foreign Affairs as being of Turkish descent and residing abroad who will work in Türkiye for up to three months,
6. Foreigners who will work in the context of sports activities for up to four months,
7. Foreigners who will undergo internships under student exchange programs made between Turkish universities and universities in foreign countries and approved by the Council of Higher Education for up to four months,
8. Foreigners who will work in seasonal agriculture and animal husbandry determined by the General Directorate for up to six months,
9. Foreigners working in fairs and circuses operating outside the boundaries of certified tourism enterprises for up to six months,
10. Foreigners reported by the relevant public institutions and organizations who can make significant contributions to Türkiye in economic, socio-cultural, technological fields, and education for up to six months,
11. Foreigners working as tour operator representatives for up to eight months,
12. Foreigners who will undergo internships within the scope of international internship exchange, new graduate intern exchange, or youth exchange programs approved by the General Directorate for up to twelve months,
13. Foreigners coming to universities and public institutions and organizations to conduct research or to enhance their knowledge and experience, limited to the duration of their education and in any case up to two years,
14. Professional foreign athletes, coaches, sports doctors, sports physiotherapists, sports mechanics, sports masseurs or masseuses, and similar sports personnel coming to Türkiye with a sports visa approved by the Ministry of Youth and Sports or the Turkish Football Federation for the duration of their contracts with sports federations and clubs,
15. Foreign seafarers working on ships registered in the Turkish International Ship Registry and operating outside the cabotage line, with a Certificate of Conformity Approval from the relevant authority, according to the International Convention on Standards of Training, Certification, and Watchkeeping for Seafarers under Rule I/10 of bilateral protocols with states,
16. Foreign nationals assigned to programs or projects carried out within the scope of Türkiye-European Union Financial Cooperation Programs for the duration of their duties,
17. Foreign students enrolled in a formal education program in Türkiye who are required to do an internship with an employer as part of their vocational training according to the relevant legislation for the duration of their mandatory internship,
18. Foreign nationals working in schools, cultural institutions, and religious institutions operating as an affiliated unit of the diplomatic and consular representations of foreign countries in Türkiye for the duration of their duties,
19. Foreign nationals working in the special service of diplomatic staff members, consular officers, administrative and technical staff members, and consular service staff at diplomatic and consular representations of foreign countries in Türkiye, and international officers and administrative and technical personnel at international organizations in Türkiye for the duration of their work or service contracts,
20. Foreign nationals working within the scope of military factories and shipyards operating under the Ministry of National Defense and the Machinery and Chemical Industry Joint Stock Company for the duration of their work or service contracts,
21. Foreign nationals, researchers, or managers who will work within the Turkish-Japanese Science and Technology University established by the Law No. 7034 dated 18/06/2017, for the duration of their employment contracts,
22. Foreign nationals receiving specialist training in accordance with the Regulation on Specialist Training in Medicine and Dentistry published in the Official Gazette No. 28983 dated 26/04/2014, for the duration of their training, are considered within the scope of work permit exemption.”

What are the Scope and Validity Conditions of a Work Permit?

1. Work Permit Serves as a Residence Permit:

A work permit or work permit exemption issued by the Ministry serves as a residence permit during its validity period. However, different provisions may apply to foreigners who have been granted refugee or subsidiary protection status.

2. Residence Permit Does Not Grant Work Rights:

Possessing a residence permit does not automatically grant foreigners the right to work. A work permit or exemption is also required to gain the right to work.

3. Residence Rights End When Work Permit Ends:

If a work permit or exemption becomes invalid for any reason, the associated residence right also ends. Therefore, an application for an appropriate residence permit must be made starting from sixty days before the work permit expires and in any case before the permit expires. Foreigners who continue to stay in Türkiye after the circumstances that grant them exemption from a residence permit have ended must apply to the governorships for a residence permit within ten days at the latest.

4. Other Residence Permits Remain Valid:

For foreigners who have a valid residence permit in Türkiye for reasons other than a work permit, their other residence permits remain valid in the event that their work permit expires.

5. Work Permit Tied to Workplace and Address:

A work permit issued in connection with a particular employer is valid only for the workplace and address for which it was issued; it is not valid elsewhere or for another employer.

Professions Prohibited for Foreign Nationals in Türkiye

In Türkiye, due to general health, security, and public interest reasons, certain professions have been restricted to Turkish citizens by special laws, and work permit applications made by foreigners for these professions are rejected.

1. Founder, Manager, Trainer for Private Security Companies and Representatives Authorized by the Legal Entity Partner of the Company (Article 5 of the Law on Private Security Services)
2. Private Security Officers (Article 10 of the Law on Private Security Services)
3. Bazaar and Neighborhood Watch (Article 3 of the Law on Bazaar and Neighborhood Watch)
4. Financial Consultancy (Article 4 of the Law on Certified Public Accountants and Sworn-in Certified Public Accountants)
5. Members of the Board of Directors of Cooperatives (Article 56 of the Cooperatives Law)
6. Assistant Customs Consultant (Article 227 of the Customs Law)
7. Founders of Schools Opened by Foreigners and Teaching in Languages Other Than Turkish (Article 8 of the Law on Private Education)
8. Responsible Manager in Private Hospitals (Article 9 of the Private Hospitals Law)
9. Dentistry, (Law on the Practice of Medicine and Medical Sciences, Article 30)
10. Hospital attendant (Law on the Practice of Medicine and Medical Sciences, Article 63)
11. Pharmacy (Article 2 of the Law on Pharmacists and Pharmacies)
12. Veterinary Medicine (Article 2 of the Law on the Execution of the Veterinary Medicine Profession, the Formation of the Turkish Veterinary Medical Association and its Chambers, and the Affairs to be Performed)
13. Foreign Assistants to Work Outside of Specialty Training (Article 20 of the Regulation on Specialization in Medicine)
14. Notary (Article 7 of the Notary Law)
15. Judge and Prosecutor (Article 7 of the Law on Judges and Prosecutors)
16. Lawyer (Article 3 of the Law on Lawyers)
17. Mediator (Article 20 of the Law on Mediation in Civil Disputes)
18. Concordat Commissioner (Article 4 of the Regulation on Concordat Commissioner and Board of Creditors)
19. Trainee Aviation Information Management Officer (Article 16 of Aviation Information Management Personnel License and Rating Regulation)
20. Honorary Traffic Inspector (Highway Traffic Law Additional Article 6)
21. Transportation Business Organizers (Article 7 of the Regulation on Transportation Business Organizers)
22. Agency Supervisor, Travel Agency Supervisor (Article 3 of the Law on Travel Agencies and Travel Agencies Association)
23. Tourist Guide (Article 3 of the Tourist Guide Profession Law)
24. Export of fish, oysters, mussels, sponges, pearls, corals, diving, prospecting, piloting, captaining, navigating, clerking, clerking, crew, etc. within territorial waters (Article 3 of the Cabotage Law)
25. Sports Counselors (Article 5 of the General Directorate of Youth and Sports Regulation on Appointment and Employment of Sports Counselors)
26. Labor Intermediary in Agriculture (Article 6 of the Regulation on Labor Intermediation in Agriculture)
27. Ship Agency Official and Ship Agency Personnel (Articles 7 and 8 of the Regulation on Ship Agencies)
28. Permanent Supervisor, Technical Staff (Articles 125 and 130 of the Mining Regulation)

CottGroup^® Expertise in Work Permit Applications

The Ministry of Labor and Social Security enforces stringent and highly detailed procedures for foreign nationals wishing to work in Türkiye. CottGroup's expert team offers comprehensive services and guidance from start to finish for companies in Türkiye that have staff or are in need of staff, navigating the complex process of work permit applications.

For more information on work permit applications and for consultancy regarding the employment of foreign nationals in Türkiye, please contact us.