WORK PERMIT IN TURKEY FOR FOREIGNERS
That getting work permit in Turkey is an obligation for foreigners who want to work dependently or independently within the borders of the Republic of Turkey. This permission is legally required to be taken under The Law on Work Permits for Foreigners, numbered 4817. The work permission of foreigners is granted by the Ministry of Labor and Social Security in our country. It is not possible to be given work permit in some occupational groups. That is, persons belonging to these professions cannot perform professions they have in Turkey. At the same time, we must also state that parties may have made a different arrangement with bilateral or multilateral international agreements.
The law that regulates work permit for foreigners requires different documents when organizing, depending on whether the foreign-national person wants Turkey work permit to be periodical or exceptional, dependent or independent. If any foreigners work without Turkey work visa, sanction of this will be administrative monetary penalty. In order to obtain work permit in Turkey, the application made by the applicant alone is considered to be sufficient. It will be possible for a foreign-national person to work in Turkey as a result of negotiations conducted through a company or a firm. For this reason, in order for the foreigner’s work permit to be obtained, the employer must have an employment permit in Turkey for this or these persons and must have obtain this permission from the competent authorities.
It is very important that the process is having been started in accordance with the relevant legislation related to the subject of work permit of foreigners. A complete delivery of the mentioned documents is required. At the same time, some criteria will be taken into account when granting a work permit in Turkey. The situation of Turkey labor market, developments in labor life and sectoral and economic conjuncture changes related to employment are among the decisive criteria for giving work permit. At the same time, the residence permit, duration and the qualifications of the job that foreigner wants to start will be taken into consideration in giving turkey work permit. When all these considerations taken into account, we can say that it is necessary to be fast and careful in the work permit of foreigners. It must be acted with the help of a lawyer so that the bureaucratic procedures can be carried out correctly and completely.
How to apply for work permit for foreigners ?
According to the Law numbered 4817, the competent authority in work permits for foreigners is The Ministry of Labor and Social Security. The Ministry has splatted applications into two sections as domestic and overseas applications in order to be given work permit. The applications to be carried domestically will be made to the Ministry and our representatives are authorized for applications that will be made in abroad.
The first requirement for a foreigner to be able to apply for work permit in Turkey is to have a residence permit. The residence permit must have been taken for 6- month’s duration and the permission must have been unfinished. But, the permission of persons who came to Turkey for education will not be included in this scope. If the residence permit is available, both the foreigner and employer will be able to apply to the Ministry to be taken of work permit in Turkey. The realization of application of foreigners for work permit over the virtual world has been an obligation with the regulation of newly-made administration.
The foreigners who applied over the internet will take a barcoded application form upon application. This form must be signed by both the foreigner who will apply and the employer that will let the foreigner to work. After the form and other collected documents were delivered to the Ministry, they will take the form under evaluation. The decision that will be made by them will be notified to the foreigner. If the turkey work permit is approved, the foreigner must apply to the concerned security unit within 30 days in order to be able to receive a residence permit including work permit.
If the application of work permit in Turkey is requested to be applied in abroad, this application should be realized to the Turkish representatives. The decisive authority will be the Ministry again. The representative takes necessary documents from the foreigners and evaluates and then sends to the Ministry. The applications in order for foreigners to be able to take turkey work visa are made over the internet as it is made in domestic applications and taken barcoded form is delivered to the Turkish representative after signed by both the foreigner and the employer. The representative will deliver these documents to the Ministry in 10 working days. If the work permit for foreigners is approved by the Ministry, the request of the foreigner for visa must be realized in 90 days. After entry into Turkey, the foreign-national person must apply to the Ministry of Interior in 30 days in order to be able to take the residence permit.
What are the types of work permits for foreigners ?
There are four different work permits that foreigners who want to work in Turkey can apply.
The types work permits for foreigners
- Periodical work permit: The foreigners who apply to work in a certain business or home always get the periodical work permit. The period of this work permit is determined as 1 year. If there is not happen any trouble in this one-year duration, this period can be extended as 2 years. The foreigners who complete two-year duration that being talked about without any illegal problem can extend their permit 3 years more providing that they are in the same profession.
- Indefinite work permit: This permission is given to the foreigners residing permanently and legally in Turkey for 8 years or having been working legally for 6 years. In this case, there is no restriction on working in a specific area or business for foreigners.
- Independent work permit: This permission is given to the foreigners residing permanently and legally in Turkey for 5 years. At the same time, the labor of these people must be important in terms of economic development and should have a positive impact on employment. Only in the presence of these conditions, independent work permit will be granted.
- Exceptional work permit: Unless it appears a situation opposite to the international agreements that Turkey is a party to, work permit is given to some foreigners without projecting the duration providing that not to act contrary to the legislation and to comply with the rules regarding professional service and also by taking the views of the relevant authorities. We call this as exceptional work permit. The persons married to Turkish citizens, the citizens of European Union countries and their spouses and children are between those who benefits work permit being talked about.
Professions that are forbidden to the foreigners
Although it is possible for foreigners to have work in our country along with obtaining work permit in Turkey, it is not important to get permission for some professions. That is, that performing profession which is determined in the law in our country by foreign-national people is impossible and this situation has been banned. We can order professions being talked about as follows: lawyers, dentists, pharmacists, notaries, customs brokers, health management in private hospitals and security officers. At the same time, it is not possible for foreigners to do fish, oysters, sponges, pearl exports and search or captain within the territorial waters in accordance with The Cabotage Law.
Appeal to denial of application of work permit
The authority of giving Turkey work permit to the foreigners, ceasing the permission and extending the duration of permission is belong to the Ministry of Labor and Social Security. The Ministry evaluates all the requests related to the work permit and concludes a decision. However, the appeal against the decisions made by the Ministry can be realized in accordance with the law. The first way of appeal is to apply to the Ministry with a petition of objection within 30 days from the date of notification of the foreigner concerned about the decision of the Ministry. If the applicant does not get any results from application of objection, that is, in the case of the appeal of the foreigner is rejected by the Ministry, administrative judicial remedy will be open.
Publish Date: November 19, 2015