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15 Mart 2024
Yazar Civan Güneş, Kerem Akdağ, Kategori Work Life
Türkiye has become an attractive destination for many foreign workers due to its cultural richness, strategic location, and economic opportunities. However, foreigners wishing to work in Türkiye must be knowledgeable about several details regarding work permits. So, what is a work permit, and how does the process of obtaining work permit in Türkiye?
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.
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.
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.
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.
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
Documents Required for the Company
However, for Work Permit processes of Liaison Offices established with the permission of the Ministry of Industry and Technology:
*Documents requested may vary depending on the occupation, sector, or status of the foreigner.
As specified in the GENERAL COMMUNIQUÉ ON FEES LAW (SERIAL NO: 98) published in the Official Gazette No. 33124 (5nd Duplicate) dated December 31, 2025, the work permit/exemption certificate fees for 2026, which will be effective from January 1, 2026, are listed in the table below:
* If a work permit/exemption certificate is lost, a reissuance fee will be charged, which includes half of the previously collected fee and the full amount of the valuable paper fee.
The fee for valuable paper for work permit cards for foreign nationals in 2026 is set at 964.00 TRY.
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.
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:
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.
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.
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;
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.
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.
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.
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.
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.
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.
Should you have any queries or need further details, please contact us.
Notification!
The content in this article is for general information purposes only and belongs to CottGroup® member companies. This content does not constitute legal, financial, or technical advice and cannot be quoted without proper attribution.
CottGroup® member companies do not guarantee that the information in the article is accurate, up-to-date, or complete and are not liable for any damages that may arise from errors, omissions, or misunderstandings that the information may contain.
The information presented here is intended to provide a general overview. Each specific case may require different assessments, and this information may not be applicable to every situation. Therefore, before taking any action based on the information provided in the article, it is strongly recommended that you consult a competent professional in the relevant fields such as legal, financial, technical, and other areas of expertise. If you are a CottGroup® client, do not forget to contact your client representative regarding your specific situation. If you are not our client, please seek advice from an appropriate expert.
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