Table of Contents
Obtaining a Work Permit in Turkey
I. Abstract: Work Permit in Turkey
Aside from Turkish nationals, many immigrants labour in Turkey to support themselves and their families. Foreigners must first acquire authorization before beginning dependent or independent employment in Turkey, according to Article 4 of the Law on Foreigners’ Work Permits No. 4817. A “Work Permit” is a document granted as an official document by the Ministry of Family, Labor and Social Services that allows a foreigner to work and remain in Turkey for the duration of the validity term.
Foreign nationals and their employers who work them without a work permit or exemption certificate face administrative penalties and possible entrance restrictions. Foreigners must get a work permit in Turkey or an exemption certificate. However, the foreigner must still satisfy certain requirements and produce the needed paperwork to acquire this work visa or exemption certificate.
Related Article: Are You Legally Authorized to Work in Turkey?
II. Work Permit in Turkey with Definite Period
If the foreigner’s work permit application is approved with the condition that it does not exceed the duration of the employment or service contract, and he/she works in a specific workplace belonging to a real/legal person or public institution, or in their workplaces in the same business line, a work permit valid for one year is issued.
Assuming that their application for a work permit extension is approved. In such an instance, the expatriate is given a work visa for a maximum of two years in the initial extension application and up to three years in successive extensions if the foreigner continues to work for the same company.
III. Work Permit in Turkey with Indefinite Period
Foreigners who have been in Turkey for at least eight years and have a long-term residency permit or a legitimate work permit may apply for an unlimited work visa. A foreigner with an indefinite work permit has all of the rights afforded to Turkish nationals, with the exception of rules in special laws, provided that his or her obtained social security rights are reserved, and usage of these rights is subject to the applicable legislation’s stipulations.
A foreigner with an indefinite work permit in Turkey has no right to vote, no right to be elected, no right to hold public office, and no duty to serve in the military.
IV. Independent Work Permit in Turkey
Foreigners skilled in certain occupations may be given an independent work visa if they meet the particular requirements outlined in other legislation.
The foreigners’ education level, professional experience, contribution to science and technology, the impact of his activity or investment in Turkey on the country’s economy and employment, capital share if he/she is a foreign company partner, and other issues will be determined by the Ministry based on the recommendations of the International Labor Policy Advisory Board in the evaluation of independent work permit applications. An independent work permit in Turkey is granted for a certain time.
Related Article: What Are The Benefits of a Work Permit in Turkey?
V. How to Obtain a Work Permit in Turkey?
1. Obtaining a Work Permit in Turkey from Abroad
According to Article 7 of the International Labor Law, a foreigner seeking a work permit from Turkey must apply for a work visa at the Republic of Turkey’s Consulate or Embassy in the country where he or she currently resides and provide the 16-digit reference number obtained to his or her Turkish employer.
After a foreign national applies for a work visa from another country, the employer in Turkey must apply for the foreign national’s work permit online using a 16-digit reference number within ten working days. Within six working days after submitting this application, all relevant papers must be delivered to the Ministry in person or by mail.
After the online application made by the employer in Turkey, the Ministry of Labor and Social Security examines the information and documents submitted by the employee and employer. If there are missing documents resulting from these examinations, the employer must provide missing documents.
After all the necessary documents are collected, the Ministry examines the examinations, takes the opinions of different authorities if necessary, and decides on approval or rejection for the application.
As a result of the approved work permit in Turkey, the foreign worker must pay the work visa fee of the foreign representation and obtain the visa. After obtaining a work permit in Turkey from abroad, the foreign worker must enter the Republic of Turkey within six months.
The work permit document is sent to the foreign worker by PTT Cargo and can be tracked via e-devlet. This permit card is an official document that the foreign national has gained legal foreign worker status.
If the foreign worker whose application has been approved and has started to work, the employer must complete the worker’s insurance procedures through SGK within 30 days.
a) Documents Required
- For foreigner: Employment contract, Biometric photo of the foreigner, Passport, Diploma,
- For the employer: Tax Registration Certificate, Trade Registry Gazette, Workplace balance sheet, Workplace activity certificate, Preliminary permission document (If the foreigner is a healthcare professional, a preliminary permit is obtained from the Ministry of Health; if the foreigner is an education Professional it must be obtained from the Ministry of National Education).
2. Work Permit in Turkey
A foreign citizen resident in the country must have a valid residence permit for at least six months to get a work permit in Turkey.
The employer must submit the requisite work permit application for a foreign worker with a residency permit to the Ministry of Labor and Social Security using the online system.
Following this stage, all procedures performed in Turkey or abroad follow the same protocols. The Ministry conducts the appropriate investigations and concludes. The papers needed to get a work permit from inside the nation are the same as those needed to get a work permit outside the country.
a) Documents Required:
- For foreigner: Employment contract, Biometric photo of the foreigner, Passport, Diploma,
- For the employer: Tax Registration Certificate, Trade registry gazette, Workplace balance sheet, Workplace activity certificate, Preliminary permission certificate (If a foreigner is a healthcare professional, a preliminary permit is obtained from the Ministry of Health; if the foreigner is an education Professional it must be obtained from the Ministry of National Education).
3. Obtaining Work Permit in Turkey For Foreigners Under Temporary Protection
The application for a work permit in Turkey for foreigners under temporary protection must be filed electronically by the employer to the Ministry of Labor and Social Security. Following this stage, the processes are the same as for domestic applicants.
To be eligible for a work permit in Turkey, the foreigner under temporary protection must have completed at least six months of their temporary protection term as of the date of the work permit application.
Another crucial aspect to remember is that the work permit granted to foreigners receiving temporary protection does not substitute for a residency visa. The foreigner’s pay must be at least the legal minimum wage.
Foreigners under temporary protection who want to engage in seasonal agricultural and animal husbandry activities (without needing a work permit in Turkey) may get a work permit exemption form from the Provincial Directorate of Labor and Employment Agency.
Related Article: What is The Equivalent Certificate and How Do I Get It?
a) Documents Required:
- For foreigner: Employment contract, Biometric passport photo of the foreigner,
- For the employer: Tax Registration Certificate, Trade registry gazette or Tradesman’s registry gazette, Workplace balance sheet, Workplace activity certificate, Preliminary permission document (If the foreigner is a healthcare professional, a preliminary permit is obtained from the Ministry of Health; if the foreigner is an education Professional it must be obtained from the Ministry of National Education).
4. Obtaining a Work Permit in Turkey For Foreigners Under International Protection
The application for a work permit in Turkey for foreigners under international protection must be filed electronically to the Ministry of Labor and Social Security by the employer. Following this stage, the processes are the same as for domestic applicants.
International protection applicants and conditionally refugee foreigners have six months from the date of their international protection application to apply for a work permit.
Work permits are replaced with identity papers for refugees and immigrants with subsidiary protection status. They also do not need a work visa. The work permit granted to applicants for international protection and conditional refugees does not substitute for a residency permit.
The foreigner’s pay must be at least the legal minimum wage. Additionally, international protection applicants and conditional refugee foreigners who plan to work in seasonal agricultural and animal husbandry jobs (without needing a work permit in Turkey) can obtain a work permit exemption form from the Provincial Directorate of Labor and Employment Agency.
a) Documents Required:
- For foreigner: Employment contract, Biometric photo of the foreigner, Passport, Diploma
- For the Employer: Tax Registration Certificate, Trade registry gazette or Tradesman’s registry gazette, Workplace balance sheet, Workplace activity document, Preliminary permission document (If the foreigner is a healthcare professional, a preliminary permit is obtained from the Ministry of Health; if the foreigner is an education Professional it must be obtained from the Ministry of National Education).
VI. Work Permit Fee in Turkey
To obtain a work permit in Turkey for foreigners, certain procedures determined by the regulation must be fulfilled. Some fees and expenses may be incurred during the execution of these procedures.
These fees and expenses are as follows according to 2021:
- The fee amount for a temporary work permit is 1017.80 TL.
- The fee amount for an indefinite and independent work permit is 10,181.70 TL.
- Card fees are the same for all work permit types, and it is 125.00 TL.
VII. Application for Extension of Work Permit in Turkey
In the first place, foreigners are granted a work visa for a maximum of one year. This one-year period may be extended for two more years. Workers who have worked for three years may apply for a three-year extension. After three years, the foreign worker, who must work in the same location for the first three years, may work in any other place with the same work visa.
Foreign worker applications are submitted to the Ministry of Labor and Social Security. This application must be submitted within two months of the work permit’s expiration date. Any application for an extension of time to hire foreign employees that are not submitted within this time frame will be rejected. The foreign employee who has applied for an extension may continue to work at his existing location, but only for a maximum of 45 days.
VIII. Penalty for Employing Foreign Workers Without Permission
Employing foreign workers without permission is subject to an administrative fine in accordance with the International Labor Law No. 6735. This penalty is stated in paragraph 23/5-b of the relevant law as follows: “
b) Without a work permit,
- Two thousand four hundred Turkish lira for a foreigner working under an employer,
- Four thousand eight hundred Turkish liras for the foreigner working independently,
- An administrative fine of six thousand Turkish lira for each foreigner who works under the employer or the employers representative who employs foreigners.”
In addition, in case of repetition of the acts listed above, the administrative fines are applied by increasing one fold and foreigners who are found to be working without a work permit are reported to the Ministry of Interior for deportation.
Related Article: Employment of Foreign Citizens in Turkey.
