Foreigner Work Permit in Turkey: A Detailed Legal Process Guide under Law No. 6735

Introduction

As Turkey continues to be a dynamic and strategic hub for the global workforce, the ability of foreign nationals to work legally in Turkey is subject to specific legal procedures. The foundation of these procedures is the foreigner work permit, regulated under the International Workforce Law No. 6735. Whether working as an employee for an employer or on their own behalf, it is a legal requirement for foreigners operating in Turkey to obtain this permit. The work permit not only provides the right to work but also secures the foreigner's legal status, social security rights, and legal residence in Turkey. As SKF Vision Law, we have prepared this guide to navigate you through this complex yet vital area of foreigners' law and to provide a comprehensive overview in light of current legislation.

Legal Necessity of the Work Permit and Sanctions

Why is a Work Permit Required to Work in Turkey? Legal Obligation and Consequences

According to Law No. 6735, it is a strict legal obligation for foreign nationals to obtain a work permit from the Ministry of Labor and Social Security (General Directorate of International Workforce) before starting to work in Turkey. Violation of this rule, i.e., employing a foreigner without a work permit or working as a foreigner without a permit, entails serious legal and financial consequences. Administrative fines are imposed separately on the foreigner found working without a permit and the employer who hires them. Furthermore, the situation of the undocumented foreign worker is reported to the Ministry of Interior, and they face the risk of deportation. The employer may also be held liable for covering the accommodation, return to their home country, and health expenses of the undocumented worker and their family, if any. Therefore, meticulously following the work permit procedures is essential for both the employer and the employee.

Work Permit Application Process: Where and How to Apply?

Step-by-Step Foreigner Work Permit Application: Domestic and Abroad Procedures

Work permit applications are made through two main channels, depending on the foreigner's location at the time of application:

• Application from Abroad: The foreigner applies to the Republic of Turkey's foreign mission (Consulate/Embassy) in their country of citizenship or legal residence, submits the employment contract, and obtains a reference number. The employer in Turkey then completes the online application within 10 business days following the application, using this reference number, by logging into the "e-Permit" automation system (https://eizin.csgb.gov.tr) via the e-Government portal with an electronic signature (e-signature). There is no need to send documents by mail.
• Application from within Turkey: For foreigners holding a valid residence permit in Turkey for at least six months for purposes other than education, the application is made directly by the employer through the e-Permit system. In this case, there is no need to go to a foreign mission.

The required documents for applications vary depending on the type of permit and sector, and up-to-date lists can be accessed from the application guides on the e-Permit system. The status of the application can be tracked through notifications sent to the employer's registered e-mail address and via the e-Government portal. For applications to be processed and for all official correspondence with the Ministry, employers must have a Registered Electronic Mail (KEP) address and define it in the system.

Types of Work Permits: Various Options for Different Needs

Work Permit Statuses in Turkey: Temporary, Indefinite, Independent, Exceptional, and Turquoise Card

Law No. 6735 offers various types of work permits for different needs and statuses:

• Temporary Work Permit: Generally granted for the first application, valid for a maximum of one year in a specific workplace/business and profession. As long as the conditions are met, it can be extended for up to 2 years on the first extension and up to 3 years on subsequent extensions.
• Indefinite Work Permit: A status granted to foreigners who have a long-term residence permit in Turkey or have at least eight years of uninterrupted legal work permit. It has no time limit and also provides the rights of a long-term residence permit.
• Independent Work Permit: A type of permit granted to foreigners who wish to work on their own behalf in Turkey and meet criteria such as education level, professional experience, and contribution to the country.
• Exceptional Work Permit: A permit that can be granted to foreigners in special situations specified in the law (qualified workforce, investor, of Turkish descent, EU citizen, refugee, etc.), differing from the general evaluation criteria.
• Turquoise Card: A special status granted to individuals such as highly qualified workforce, investors, scientists, and artists. It is granted with an initial transition period of three years and gives its holder the rights of an indefinite work permit. The cardholder's foreign spouse and dependent children (relatives) can also obtain a residence permit. It can become indefinite at the end of the transition period but can be canceled during this period or in case of certain violations.
• Work Permit Exemption: Certain foreigners who will work in Turkey for specific activities or periods (e.g., assembly, maintenance-repair, training, fair participation) can apply for an exemption instead of a work permit. The scope and duration are determined by regulation.

Evaluation of Applications: Ministry's Criteria and Employer Obligations

How are Work Permit Applications Evaluated? What Should Employers Pay Attention to?

The Ministry examines applications according to the International Workforce Policy and established evaluation criteria. Some prominent employer obligations among these criteria are:

• Employment Quota: The workplace must employ at least five Turkish citizens. This quota is required separately for each foreigner for whom a permit is requested (after the first foreigner, +5 Turkish citizens for each additional foreigner). Special cases (e.g., key personnel) are exempt.
• Capital/Financial Adequacy: The company's paid-in capital must be at least 100,000 TRY, or its annual gross sales must be at least 800,000 TRY, or its last year's exports must be at least 250,000 USD. There may be differences for associations, foundations, etc.
• Minimum Wage Level: The wage to be paid to the foreign personnel must be compatible with their position and profession and not be below the lower limit determined by the Ministry in multiples of the minimum wage (e.g., 6.5 times for a senior manager, 4 times for an engineer, 1 time for domestic services).
• Social Security (SGK) Debt: It is essential that the workplace has no overdue SGK premium debts. A restructured and regularly paid debt may be an exception.

Proper and complete applications are concluded within thirty days at the latest. In case of deficiencies, this period starts from the completion of the deficiency.

Validity of the Work Permit: Extension, Cancellation, and Appeal Processes

Duration, Extension, Cancellation of Work Permit and Legal Appeal Routes

• Extension Application: To extend an existing temporary work permit, an application must be made through the e-Permit system within 60 days before the permit's expiration date and, in any case, before the permit expires. Applications made after the expiry date are not processed. As a rule, the extension application is made for the same employer and the same profession; a new application is required in case of a change. Address changes must be updated in the system.
• Cancellation Cases: The work permit can be canceled by the Ministry in cases such as the request of the foreigner or employer, invalidity of the passport, staying abroad uninterruptedly for more than 6 months, expiration of the term, or posing a threat to public order/security/health.
• Rejection, Cancellation, and Appeal: If the Ministry rejects the request for granting/extending a work permit or cancels an existing permit, the relevant foreigner or their employer can appeal to the Ministry within 30 days of the decision's notification. If the appeal is also rejected or not answered, an administrative judicial remedy (a lawsuit in the Administrative Court) can be pursued from the notification of the decision.

Special Cases and Other Important Issues

Students, Domestic Services, Professionals, and Other Special Statuses

• Students: Associate and undergraduate students enrolled in formal education in Turkey can obtain a work permit to work no more than 30 hours per week after completing their first year.
• Domestic Services: Employing foreigners in domestic services (caregiver, cleaner, etc.) is subject to specific criteria and requires Ministry approval.
• Health Professionals: Foreign doctors, nurses, etc., who have obtained a preliminary permit (professional competence) from the Ministry of Health (with some exceptions) can apply for a work permit.
• Educators: Permits for foreign academics in higher education are granted by the Council of Higher Education (YÖK), while permits for educators in private schools are granted by our Ministry after obtaining a preliminary permit from the Ministry of National Education (MEB).
• Engineers and Architects: A diploma equivalency and temporary membership in the relevant professional chamber (TMMOB) are required.
• Free Zones: Work permits for foreigners in these zones are issued by the Ministry of Trade (formerly the Ministry of Economy).
• Direct Foreign Investments: Foreigners in the status of "key personnel" who meet certain conditions (company partner, manager, etc.) may be exempt from some evaluation criteria.
• International and Temporary Protection: Those under temporary protection (Syrians) can apply for a work permit through their employers 6 months after receiving their identity document, while international protection applicants and conditional refugees can apply 6 months after their application. Additional rules like provincial quotas may apply. Stateless persons and victims of human trafficking can also obtain work permits under certain conditions.

Relationship between Work Permit and Residence Permit, Fees, and Card Delivery

Validity as a Residence Permit, Financial Obligations, and Permit Card

As a significant convenience, a valid work permit also serves as a residence permit. The foreigner does not need to obtain a separate residence permit during the validity of the work permit. However, the permits of refugee/secondary protection status holders and the Turquoise Card do not substitute a residence permit. When the work permit is approved, the specified work permit fee and valuable paper fee must be paid to the designated banks (with the foreigner's ID number or passport number). After these payments are made, the issued work permit card is sent to the employer's address via PTT Kargo. Fees paid after approval are not refunded if the permit is not used.

Conclusion and Call for Legal Support

Why is Professional Legal Support Important in the Foreigner Work Permit Process?

As can be seen, obtaining, extending, or managing related processes for a foreigner work permit in Turkey is a complex process that requires detailed knowledge, careful follow-up, and full command of the legislation. Every stage is critically important, from correctly identifying the application type and preparing the necessary documents completely, to fulfilling employer obligations and timely and correctly exercising legal rights against possible rejection or cancellation decisions.

As SKF Vision Law, with our expert team in foreigners' law and especially in work permits, we offer you comprehensive legal consultancy and representation services in these processes. We are here to ensure your applications are made correctly, the process is expedited, loss of rights is prevented, and full compliance with the laws is achieved.

Contact us for professional support regarding your work permit procedures in Turkey, appeal processes, or any other questions about foreigners' law.