Turkish Law on the Work Permit for Foreigners No. 4817, which had been in effect since 2003 has been abrogated and substituted by "INTERNATIONAL WORKFORCE LAW No. 6735,” which got through the Parliament on 28th July 2016. However, the Regulation, which is arranging the procedures of application for work permit, issued according to previous law is still in effect.
Applications for work permits can be made inside or outside Turkey. Foreigners residing outside Turkey shall apply to the Turkish Consulates in their country of residence or of citizenship. Foreigners with a valid residence permit (valid for a minimum of 6 months, except for residence permits for educational purposes) can apply directly to the Ministry of Labor and Social Security.
Foreigners applying for work permit from their country of residence:
Individual applicant should fill in Visa Application form in web-site before the consulate visit.
Then following documents should be submitted to consulate/embassy
• Employment Contract
• Invitation letter of Applicant Company
• One photo (biometric passport photo)
A reference number will be sent by e mail to the applicant. This number should be sent to company immediately by the individual, because the applicant company has only ten workdays to complete all the required documents to be submitted to Ministry. There will be no charge at this stage.
Individual applicant should also send the following documents that may be as soft copy.
- Reference number
- Sort Copy of passport
- One photo (biometric passport photo)
- Diploma (soft copy)
- Employment contract (signed by himself)
Then employing company will submit all necessary documents to the Ministry of Labor and Social Security within 10 days.
Once the work permit has been issued and the work visa application has been approved by the Ministry of Labor and Social Security, non-refundable work visa processing fee and non-refundable work permit processing fee will be paid to consulate by individual applicant.
Foreigners applying for work permit in Turkey
Foreigners with a valid residence permit that is valid for a minimum of 6 months, except for residence permits for educational purposes, can apply directly to the Ministry of Labor and Social Security.
Documents to be submitted by foreign individuals applying for the first time:
- Application Form for Foreigners (one copy of the printed online application form signed by the employer and the employee or one copy of the printed online application form with work contract). For applications within Turkey, a valid residence permit (scanned and sent online during electronic application)
- With the exception of residence permits for educational purposes, the residence permit has to be valid for a minimum period of 6 months; if not, the applicant is to apply from his/her country of residence via Turkish Consulates/Embassies
- A notarized copy of the passport translated into Turkish (scanned and sent online during electronic application)
Documents to be submitted by the employer for the first application:
- A work permit application form addressed to the Ministry of Labor and Social Security, (scanned and sent online during electronic application; printed when directly applying to the Ministry)
- A balance sheet and a profit & loss statement for the past year certified by tax authorities (scanned and sent online during electronic application)
- The Turkish Trade Registry Gazette indicating the most recent capital and shareholding structure of the organization (scanned and sent online during electronic application)
- When applying online, a notarized power of attorney for the authorized person and the employee’s work contract with the applicant company (scanned and sent online during electronic application)
- As for corporate bodies that intend to employ foreign experts in the fields of engineering, construction, contractorship and consultancy services, payslips of Turkish citizens working in the same positions and the contract between the foreign expert and the employer (scanned and sent online during electronic application)
Work Permit Criteria for Foreigners
- At the workplace for which work permit is requested, at least five persons who are citizens of the Republic of Turkey must be employed.
- Paid-in capital of the workplace must be at least TRY 100,000 or the lowest figure for its gross sales amount must be equal to TRY 800,000 or its export amount in the last year must be at least USD 250,000.
- For work permit requests concerning foreigners to be employed by associations and foundations, Article 2, and for evaluations regarding work permit applications related to foreigners to be employed in representative agencies of foreign countries’ airlines in Turkey as well as those to work in education sector and home services sector Articles 1 and 2 will not be applied.
- Foreigner requesting work permit who is a co-partner of the company must own at least 20% shares in the company, and this percentage shall correspond to at least TRY 40,000, as an obligation.
- Salary amount which is declared by the employer to be paid to the foreigner must be at a level which complies with the position and competence of the foreigner. Accordingly, considering the minimum wage amount effective as of the application date, wage to be paid to a foreigner must be equal at least to the following:
ü 6.5 times the minimum wage amount, for senior executives and pilots as well as engineers and architects requesting preliminary permit
ü 4 times the minimum wage amount, for unit or branch manager as well as engineers and architects
ü 3 times the minimum wage amount, for persons to be employed for jobs requiring expertise and proficiency as well as teachers
ü 1.5 times the minimum wage amount, for persons to be employed for home services and other occupations.
- Requests for persons to be employed as masseurs, masseuses and SPA therapists, occupations requiring expertise and proficiency, by tourism establishments with at least four stars licensed by the Ministry of Culture and Tourism proving that there is a licensed massage parlor within their facilities, as well as licensed holiday resorts will be evaluated, while requests by establishments and workplaces which are not meeting these criteria will not be considered appropriate.
- For foreigners to be employed by firms operating in the entertainment sector as well as tourism-animation organization firms for occupations requiring expertise and proficiency there will not be a separate quota application provided that at least 10 persons who are citizens of the Republic of Turkey are employed in these firms.