How to Obtain a Work Permit in Turkey? Step-by-Step Application Guide for Foreigners

Questions

1. Which institution is authorized to grant work permits for foreigners in Turkey?
2. What legal regulations are taken as the basis when applying for a work permit in Turkey?
3. What documents must be prepared to obtain a work permit in Turkey?
4. What are the steps to be followed for a work permit application in Turkey?
5. How long does it take for work permit applications to be processed in Turkey?
6. What types of work permits are available in Turkey and what are their characteristics?
7. How is the work permit extension application made in Turkey?
8. What happens to the status of foreigners if their work permit is canceled in Turkey?
9. Who can benefit from work permit exemptions in Turkey?
10. What rights and obligations do foreign workers have in Turkey?
11. What administrative sanctions are applied to foreigners working without a work permit in Turkey?
12. What is the relationship between a work permit and a residence permit in Turkey?
13. What procedures are followed if a work permit application is rejected in Turkey?
14. What are the social security obligations of foreigners who have obtained a work permit in Turkey?
15. Can a work permit be granted indefinitely in Turkey?
16. What are the differences between independent work permits and dependent work permits in Turkey?
17. What is the Turquoise Card in Turkey and what advantage does it provide regarding work permits?
18. Why is it important to obtain lawyer support when applying for a work permit in Turkey?
19. What are the most common problems encountered by those who want to obtain a work permit in Turkey?
20. In the work permit processes in Turkey, in which areas does KL Legal Consultancy provide support?

The Work Permit Acquisition Process for Foreigners in Turkey

How does the work permit acquisition process for foreigners in Turkey operate?

The work permit acquisition process for foreigners in Turkey is regulated under the International Workforce Law No. 6735 and related regulations. Foreigners must obtain a work permit to legally work in Turkey. Work permit applications are evaluated and finalized by the Ministry of Labor and Social Security.

Work permit applications in Turkey can be made in two ways depending on the foreigner's presence status in Turkey:

1. Application from within the country: Foreigners who hold a valid residence permit in Turkey or those in certain exceptional statuses can apply for a work permit directly to the Ministry or through the e-Government Portal.
2. Application from abroad: Foreigners who do not yet have a residence permit in Turkey apply for a work permit by submitting their application to Turkish diplomatic missions in their country of residence. If this application is approved, a work permit is issued, allowing entry into Turkey.

During the application process, documents prepared by both the foreigner and the employer are submitted to the Ministry. These documents include the employment contract, the employer’s trade registry gazette, activity certificate, the foreigner's passport information, and a photograph. Applications are made electronically via the e-Permit System, and the process can be monitored through this system.

If the application is submitted fully and correctly, the process is usually finalized within 30 days. If the application is approved, a work permit is issued to the foreigner. This document grants the foreigner the right to work and reside in Turkey.

Obtaining expert assistance such as a "Turkey work permit lawyer" or an "İzmir work permit lawyer" during the work permit acquisition process in Turkey contributes to the complete and swift completion of procedures. Professional support ensures that the application is prepared in accordance with the legislation and that the process proceeds smoothly.

Types and Characteristics of Work Permits for Foreigners in Turkey

Which types of work permits are valid for foreigners in Turkey?

The types of work permits for foreigners in Turkey are regulated within the framework of the International Workforce Law No. 6735 and related regulations. There are different types of work permits that foreigners can apply for to participate in working life in Turkey. These permits are categorized under three main headings: fixed-term work permit, indefinite work permit, and independent work permit.

The fixed-term work permit is issued for a maximum duration of one year at the first application and is valid with the same employer. For extension applications, it can be granted for up to two years for the first extension and up to three years for subsequent extensions. If a foreigner wants to work for a different employer, a new application must be made. This type of work permit is the most commonly used especially for foreigners applying for work in Turkey for the first time.

The indefinite work permit is a permit that foreigners with long-term residence permits in Turkey or who have legal work permits for at least eight years can apply for. Foreigners who obtain this permit benefit from the rights granted to Turkish citizens, except for social security. The indefinite work permit remains valid on the condition that an application for document renewal is made every five years.

The independent work permit is granted to foreigners who will operate their own business in Turkey without being dependent on any employer. This type of permit is evaluated considering criteria such as the foreigner’s education status, professional experience, and contribution to the Turkish economy. Generally, investors, entrepreneurs, and self-employed professionals apply for this permit.

These types of work permits contribute to ensuring completeness and speed in the application process with the support of a work permit lawyer or an izmir work permit lawyer in Turkey. It is recommended to seek support from an expert lawyer for detailed information and professional assistance regarding the types of work permits for foreigners.

Work Permit Application and Required Documents for Foreigners in Turkey

What documents are required for foreigners’ work permit application in Turkey?

The documents to be prepared for the work permit application of foreigners in Turkey may vary depending on the application method (domestic or abroad application) and the sector in which the foreigner will work. However, there are some standard documents that must be submitted by both the employer and the foreigner.

The main documents to be prepared by the foreigner for the work permit application are as follows:

• A valid passport or a copy of an identity document replacing the passport
• Biometric photograph
• Foreign identity number obtained in Turkey (if any)
• Diploma or professional qualification certificate (may vary according to the occupational group)

The basic documents to be prepared by the employer are as follows:

• Company establishment announcement or activity certificate published in the Trade Registry Gazette
• Tax plate or annual balance sheet and profit/loss statement
• Employment contract or service contract (to document the employment relationship between the foreigner and the employer)
• SGK (Social Security Institution) documents showing the number of employees working in Turkey and foreign employment

Applications are submitted through the e-Government Gateway or other electronic systems authorized by the Ministry. While the foreigner submits the work permit application directly to the Ministry, the employer can also follow the application process through the system.

It is very important that the documents be complete and up-to-date when applying for a work permit, in order for the application to be processed quickly. In this process, getting support from a Turkey work permit lawyer or an İzmir work permit lawyer ensures the complete preparation of documents and prevents possible mistakes.

Evaluation and Finalization of Work Permit Applications of Foreigners in Turkey

According to which criteria are work permit applications of foreigners evaluated in Turkey?

The process of evaluation and finalization of work permit applications of foreigners in Turkey is based on the provisions of the International Workforce Law No. 6735 and the relevant regulations. Applications are made and evaluated through the Foreign Application, Evaluation, and Monitoring System conducted by the Ministry of Labor and Social Security.

Applications are primarily checked for whether the documents submitted by the applicant are complete. If there is any deficiency or error in the documents, additional time is given to the applicant for correction. If the documents are presented completely and properly, the substantive evaluation of the application is commenced.

The main criteria taken into account during the evaluation process are as follows:

• The obligation of the employer to employ at least five Turkish citizens in the workplace in Turkey (except for exceptions)
• The professional competence and educational status of the foreigner
• Whether the employer has fulfilled his/her tax liabilities
• The potential contribution to the economy and employment in Turkey
• Whether there is any risk in terms of public order, public security, and public health

Additionally, for some occupational groups (for example, doctors, engineers), prior permission or equivalency documents may be required. Obtaining these documents contributes to a swift and positive outcome of the application.

The application process is usually concluded within 30 days from the date of complete submission of the documents. The application result is notified to the foreigner and the employer through the system or by written notification. If the application is positively evaluated, a work permit is issued and the foreigner is granted the legal right to work and reside in Turkey.

Obtaining support from a turkey work permit lawyer or an izmir work permit lawyer during the evaluation phase of the applications ensures that the process is conducted in conformity with the legislation and that the application is completely evaluated.

Work Permit Extension and Cancellation Processes in Turkey

How are the work permit extension and cancellation procedures for foreigners conducted in Turkey?

In Turkey, a work permit for foreigners is issued for a specific period, and an extension application must be made before the expiration of this period. The work permit extension application is submitted to the Ministry of Labor and Social Security, just as with the initial application. The application period can start 60 days before the expiration of the work permit and must be made no later than the expiration date. Applications made before the expiry date allow the foreigner to continue working until the current work permit expires.

In extension applications, documents such as the applicant’s passport validity, employment contract, and Social Security Institution (SGK) documents are requested. Additionally, criteria such as the employer’s obligation to employ five Turkish citizens must be fulfilled. The first extension application can be granted for a maximum of two years; subsequent extensions may be arranged for a maximum of three years each.

Work permit cancellation processes in Turkey may arise for various reasons. These include:

• Termination of the foreigner’s employment contract or dismissal procedures reported by the employer
• Providing misleading or false information during the issuance of the work permit
• Posing a risk to public order, public security, or public health
• The foreigner’s failure to fulfill necessary obligations during the validity of the work permit (for example, tax or social security obligations)

In the event of work permit cancellation, the foreigner’s legal right to work and reside in Turkey ends. In such cases, the foreigner must leave Turkey or obtain a valid residence permit. Employer obligations related to the foreigner (such as dismissal notification) continue along with the work permit cancellation.

Obtaining support from a Turkey work permit lawyer or an İzmir work permit lawyer during these processes helps ensure that applications and cancellation procedures are carried out in compliance with the legislation. This prevents foreigners from facing victimization or the employer from encountering administrative sanctions.

Work Permit Exemptions for Foreigners in Turkey

Which foreigners in Turkey can benefit from work permit exemptions?

Certain foreigners in Turkey have the right to work without obtaining a work permit under the work permit exemption. This situation exempts both foreigners and employers from certain procedures. According to the International Labour Force Law No. 6735, work permit exemptions are documented by certificates issued by the Ministry and serve as a substitute for a work permit.

Foreign groups that can benefit from work permit exemptions and main examples are as follows:

• Foreigners with diplomatic or consular status and their family members
• Cross-border service providers temporarily operating in Turkey for a certain period
• Certain foreign personnel working in Turkey under bilateral or multilateral agreements
• Foreigners to participate in sports, cultural, and artistic activities (for example foreign football players or artists)
• Researchers or academicians coming to Turkey for short-term scientific and academic activities
• Foreigners engaged in project-based activities that provide significant investments or technology transfer to Turkey

For these foreigners, a valid work permit exemption certificate is issued instead of a work permit. This document helps the foreigner to secure the right to work and reside in Turkey. However, the proper documentation of the legal basis of this exemption and the complete fulfillment of application procedures are required.

Applications for work permit exemptions are also evaluated by the Ministry and an exemption certificate is issued. In this process, obtaining support from a Turkey work permit lawyer or an İzmir work permit lawyer is of great importance for conducting the application in compliance with the legislation and preventing possible administrative problems.

Rights and Obligations of Foreigners with Work Permits in Turkey

What are the rights and obligations of foreigners with work permits in Turkey?

Foreigners who obtain a work permit in Turkey have certain rights and obligations within the scope of the legislation. A foreigner with a work permit has the legal right to work in Turkey, and a residence permit is also granted together with the work permit. This right ensures the foreigner’s participation in both professional life and social life.

The main rights of foreigners holding a work permit are as follows:

• The right to work and reside in Turkey
• The right to registration in the social security system (insured work, retirement, utilization of health services)
• The provision of working conditions in accordance with the laws by the employer
• Benefiting from equal rights with Turkish employees within the scope of the Labor Law and related legislation (wage, leave, working conditions, etc.)
• Notification of termination if the employment contract ends and benefiting from rights such as severance pay

The obligations that foreigners with a work permit must fulfill are as follows:

• Working only in the workplace or position permitted by the valid work permit
• Fulfilling legal obligations (such as tax and social security premium payments) completely during the work permit period
• Regular payment of social security premiums by the employer and compliance with the rules determined by the Ministry
• Avoiding actions that threaten Turkey’s public order, public security, and public health
• Applying for an extension close to the expiration of the work permit period

Understanding and fulfilling these rights and obligations correctly by foreigners prevents legal problems for both themselves and their employers. In this process, obtaining support from a Turkey work permit lawyer or an Izmir work permit lawyer is critically important for the protection of rights and the correct fulfillment of obligations.

Consequences of Working Without a Work Permit in Turkey

What sanctions are applied to foreigners working without a work permit in Turkey?

Foreigners working in Turkey without a work permit may face serious administrative and criminal sanctions both for themselves and their employers. The International Labor Force Law No. 6735 and the relevant legislation contain explicit provisions regarding foreigners working without a work permit.

The main sanctions that can be applied to a foreigner working without a work permit are as follows:

• Administrative fine: An administrative fine is imposed on the foreigner working without a work permit. According to Law No. 6735, this fine is re-determined annually.
• Deportation: A foreigner working without a work permit can be deported from Turkey. This situation may also result in a ban period for the foreigner’s re-entry into Turkey.
• Residence permit cancellation: The residence permit of a foreigner working without a work permit may be cancelled, and this person may be required to leave Turkey.

There are also important sanctions for the employer:

• Administrative fine: An administrative fine is imposed on the employer who employs a foreigner without a work permit.
• Social security obligations: The employer may be held liable to pay backdated social security premiums because they employed the foreigner without insurance.

Besides these sanctions, in the event that working without a work permit is detected, both the commercial activities of the foreigner and the employer may be adversely affected. In the case of detection of working without a work permit in Turkey, it is a common practice that administrative and criminal procedures are quickly initiated and that the employer is subjected to inspection processes.

Therefore, it is recommended that employers planning to employ foreigners in Turkey or foreigners wishing to work obtain support from a turkey work permit lawyer or an izmir work permit lawyer to make their applications within the legal framework. Thus, possible administrative sanctions and the risk of deportation can be prevented.

Relationship Between Work Permit and Residence Permit for Foreigners in Turkey

Does obtaining a work permit in Turkey substitute for a residence permit?

The issuance of a work permit for foreigners in Turkey is directly connected to the residence permit. According to the Foreigners and International Protection Law No. 6458 and the International Workforce Law No. 6735, a work permit or work permit exemption document substitutes for the residence permit. Thus, a foreigner can legally stay in Turkey without applying separately for a residence permit.

This regulation aims to allow foreigners to more easily and quickly manage both their work and residence procedures. However, there are some exceptions to this practice. In particular, work permits granted to applicants for international protection, conditional refugees, or foreigners under temporary protection do not substitute for a residence permit. These individuals must apply separately for a residence permit.

Furthermore, a similar relationship exists in the Turquoise Card application. A Turquoise Card holder is granted the right to work and reside indefinitely in Turkey, and a residence permit is also granted to their family member.

Considering the residence permit duration in work permit applications is important for the validity of the application. In order for a foreigner to apply for a work permit in Turkey, they must have a valid residence permit at the time of application or their legal status regarding this must be clearly determined.

Obtaining support from a Turkey work permit lawyer or an Izmir work permit lawyer during this process contributes to the correct interpretation of the relationship between the work permit and residence permit and to the protection of legal rights. Thus, both the application process and residence regulations can proceed smoothly.

The Importance of Lawyer Support in the Work Permit Process in Turkey

Why is lawyer support important in the work permit application process in Turkey?

The work permit application process for foreigners in Turkey can be quite comprehensive and complex in terms of legal regulations, document preparation, and process management. Therefore, obtaining professional support from a Turkey work permit lawyer or an Izmir work permit lawyer provides a significant advantage in ensuring the application is conducted completely and accurately.

The main advantages provided by lawyer support are as follows:

• Complete and properly prepared necessary documents during the application process
• Conducting the application in accordance with the legislation before the Ministry of Labor and Social Security and other relevant institutions
• Preventing the rejection of the application due to missing or incorrect documents
• Providing quick and effective solutions in case of additional information or document requests during the evaluation process of the application
• Professionally following up administrative objections and judicial appeal processes in case of application rejection

Lawyer support during the work permit process is also important from the employer's perspective. Proper fulfillment of the employer’s obligations regarding employing foreigners and avoiding penal sanctions is possible through legal consultancy. Additionally, lawyer support plays a critical role in preventing legal risks in relation to the connection between the work permit and residence permit, exemptions from work permits, and other exceptional circumstances.

In short, obtaining support from a Turkey work permit lawyer or an Izmir work permit lawyer to ensure the quick and smooth progress of work permit applications in Turkey, correct preparation of documents, and compliance with legislation is the most reliable way for both foreign employees and employers.