A GUIDE TO IMMIGRATION FORMALITIES IN TURKEY. IMMIGRATION WORK PERMITS OF FOREIGN EMPLOYEES Unless...

A GUIDE TO IMMIGRATION FORMALITIES IN TURKEY

IMMIGRATION

WORK PERMITS OF FOREIGN EMPLOYEES

Unless otherwise provided in the bilateral or multi-lateral agreements to which Turkey stands as a party, non-Turkish citizens, who are wishing to work dependently or independently in Turkey, are subject to obtain working permission before they start to work.

The rules and principles of Non Turkish citizens’ entry to the Turkish labor market is governed by the Law on Work Permits of Foreigners (Law no: 4817) which is enacted on 27th February, 2003. The Law on Work Permits of Foreigners is implemented in accordance with the Regulation on the Implementation of the Law Regarding Work Permits for Foreigners.

The Turkish Ministry of Labor and Social Security is entitled as a competent authority for processing the work permit applications, granting, extending, restricting or canceling the work permits.

WORK PERMIT WITH DEFINITE PERIOD OF TIME After taking several economic and demographic factors in the Turkish labor market into account, the Ministry of Labor and Social Security may issue work permit for a definite period of time. Work Permit with definite period of time provides the holders with the right to work in an appointed profession, in a definite geographical zone, for an appointed employer within the specific time frame. By law, the work permits with definite period of time is valid at most one year. At the end of one year term, the work permit may be extended up to two years to work in the same job for the same employer. At the end of two years extension, the work permit may be extended at most three more years to work in the same job for the same employer.

TYPES OF WORK PERMITS

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WORK PERMIT WITH INDEFINITE PERIOD OF TIME

A foreigner may be eligible for work permit for indefinite period of time, if meets one the following criteria;The foreigner should have been residing in Turkey legally and interruptedly for 8 years (with valid residence permit) The foreigner should have a total legal working period of 6 years in Turkey. (with valid work permit) The work permit with indefinite period of time is granted without taking into consideration the status of the business market and the developments in working life. Moreover it is not restricted for a certain operation, profession, civil or geographical area.



INDEPENDENT WORK PERMIT

A foreigner who shall work independently on him/her own behalf and account may be granted with independent work permit if have legally and uninterruptedly resided in Turkey for at least five years.



WORK PERMIT APPLICATIONSApplications for work permit are made through e-Government portal of Turkey (www.turkiye.gov.tr). The automated work permit application system enables the users to fill the work permit application form online and to upload necessary documents into the system. Once online application is made through the e-government portal, the employer is required to make direct application to the Ministry by mail or in person. Duly applications are finalized by the Ministry at most thirty days and once the decision is made, the ministry informs the applicant through e-mail. Foreigners residing outside the Turkey can make their work permit applications through the Turkish representative offices in their home countries. In the existence of residence permit valid for at least 6 months, foreigners residing in Turkey can make their applications directly to Ministry of Labor and Social Security.

WORK PERMIT APPLICATIONS


http://www.turkiye.gov.tr/

FOREIGNERS RESIDING OUTSIDE OF TURKEY

The foreigners residing outside the Turkey are subject to apply for work permit from the representative offices of Turkey in their own countries. Pursuance to work permit application of foreigner, within 10 working days the employer should process both online and direct applications to the Ministry of Labor and Social Security in Turkey. Once the approval from the Ministry is granted, foreigners are required to apply for work visa to the Turkish representative office within 90 days. Upon their arrivals to Turkey with work visa, foreigners are required to apply for Work Registered Residence Permit to the Alien’s Branch of the Local Police Department within 30 days. Work permit will only takes effect in the existence of valid residence permit.


FOREIGNERFOREIGNER TURKISH CONSULATE IN HOST COUNTRY

TURKISH CONSULATE IN HOST COUNTRY

EMPLOYEREMPLOYER MINISTRY OF LABOR AND SOCIAL

SECURITY

MINISTRY OF LABOR AND SOCIAL

SECURITY


FOREIGNERS RESIDING INSIDE THE TURKEYForeigners with residence permit valid for at least 6 months (expect residence permits for the purposes of education) may make their applications to the Ministry of Labor and Social Security internally. Internal applications are made by the employer directly to the Ministry. Once the online application is submitted, the employer is required to make direct application to the Ministry within 6 working days. Upon obtaining the work permit, foreigner is required to apply for Work Registered Residence Permit to the Alien’s Branch of the Local Police Department within 30 days.


EMPLOYEREMPLOYER MINISTRY OF LABOR AND SOCIAL SECURITY

MINISTRY OF LABOR AND SOCIAL SECURITY


WORK PERMIT EXTENSION APPLICATIONS

Extension application of the work permit period is made to the ministry of Labor and Social Security. As Internal applications, after submitting online applications, direct application to ministry should be made within 6 working days. The application for extension should be filed within 2 months before or 15 days after the expiry date of the work permit. After 15 days period, the applicant no longer may request for extension and the application is regarded as initial application.



INTERNAL APPLICATIONS

Documents required from the foreign personnel are;

• Employment Contract (signed by foreigner and employer)• Passport Copy (Translated to Turkish by sworn translator),• Diploma Copy (Translated to Turkish by sworn translator)• If applicable a letter of recommendation (Translated to Turkish by

sworn translator) • Copy of Valid Residence permit for at least 6 months• The original of the existing work permit (effective in work permit

extension applications)

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THE DOCUMENTS REQUIRED FOR WORK PERMIT

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INTERNAL APPLICATIONS

Documents required from the employer are;• A work permit application petition addressing Ministry of Labor and

Social Security,• A work permit application form addressed to the Ministry of Labor and

Social Security,• Balance sheet and statement of profit and loss related to last year of

the institution (approved by tax administration or chartered accountant),

• The Turkish Trade Registry Gazette indicating the most recent capital and shareholding structure of the organization,

• Commercial Activity Certificate,• A notarized power of attorney for the authorized person to use Online

application system• Documents showing the employer company has no unpaid tax debt

(effective in work permit extension applications)

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ABROAD APPLICATIONS

Common Documents required from foreign personnel;

• Passport • Work visa application Form • Employment Contract or formal job offer• One Photo

Under the discretion of the foreign representatives of Turkey or in accordance with bilateral agreements, some other supporting documents might be demanded for work visa applications.



Common Documents required from the employer are;• A work permit application petition addressing Ministry of Labor and

Social Security,• A work permit application form addressed to the Ministry of Labor

and Social Security,• Employment Contract (signed by foreigner and employer)• Passport Copy of Foreigner (Translated to Turkish by sworn

translator),• Diploma Copy of Foreigner (Translated to Turkish by sworn

translator)• If applicable a letter of recommendation of Foreigner (Translated to

Turkish by sworn translator) • Balance sheet and statement of profit and loss related to last year

of the institution (approved by tax administration or chartered accountant),

• The Turkish Trade Registry Gazette indicating the most recent capital and shareholding structure of the organization,

• Commercial Activity Certificate,• A notarized power of attorney for the authorized person to use

online application system.

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ABROAD APPLICATIONS

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ELIGIBILITY CRITERIA

Basically there are two main criteria that must be satisfied by the employer of foreign personnel before applying for the working permission. Before all else, Turkish foreign labor quota system prescribes that, for every individual work permit requests, company should have at least 5 full-time Turkish employees within its workplace.Additionally the employer must satisfy one of the following financial conditions;

• Its paid-in capital of the company should be at least 100,000 Turkish liras, or

• Its gross sales amount must be at least TRY 800,000 or • Its export amount in the last year must be at least USD 250,000.


ELIGIBILITY CRITERIA

Only after satisfying these two criteria, an employer may consider to hire foreign personnel. As an exception, for the foreigners to be employed in associations or foundations, the financial criteria and for the 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, both financial criteria and foreign labor quota will be not applicable. Furthermore for those foreigners to be employed in the companies operating in the entertainment sector as well as those to be employed in the tourism-animation organization firms for occupations requiring expertise, in the existence of 10 Turkish citizen employees, the separate quota system will not be applicable.


MINIMUM WAGE CRITERIA

According to competence and the position level, Turkish legislation sets a minimum amount of salary to be paid to the foreign personnel. Accordingly;

• 6.5 times the minimum wage amount for senior executives and pilots as well as engineers and architects requesting preliminary permit

• 4 times the minimum wage amount for unit or branch manager as well as engineers and architects

• 3 times the minimum wage amount for foreigners to be employed for the jobs requiring expertise and proficiency as well as teachers

• 2 times the minimum wage amount for foreigners to be employed tourism-animation organization firms as an acrobat or in similar position as well as masseur, masseuse and SPA therapists

• 1.5 times the minimum wage amount for foreigners to be employed in other occupations.

• Minimum wage amount for foreigners to be employed in home service sector


RESIDENCE PERMIT

Residence permits of the foreigners is governed by the Law Related to Residence and Travels of Foreigners in Turkey (Law no: 5683, Enacted 15.07.1950). Article 3 of the Law specifies that foreigners intending to live and/or work in Turkey are required to obtain a residence permit. If visa exemption or the term stated in their visa is adequate, foreign visitors may stay in Turkey for 90 days without residence permit (either consecutively or separately) per 180-day period. After 90 days, in order to stay in Turkey, the foreign visitor should apply for residence permit for tourist purposes in order to continue to stay in Turkey. Visa exemption or the term stated in their visa is not adequate, 90 to 180 per day rule is still applicable. At the end of the visa period, to continue to stay in Turkey, foreign visitor should apply for residence permit for tourist purposes.


RESIDENCE PERMIT

In all circumstances, after obtaining work permit or after their arrival to Turkey with work visa, foreign employees are required to apply for Work Registered Residence Permit to the Alien’s Branch of the Local Police Department within 30 days. This rule is also applicable to the extension applications of work permits. On the other hand extension application of the residence permit period should be made within fifteen days as from the expiring date written in the residence permit. It should be noted that, the Alien’s Branch of the Local Police Department may grant residence permit for tourist purposes only once within one year term. However the period of residence permit for work purposes is determined by the period of work permit granted.


DOCUMENTS REQUIRED APPLYING FOR A RESIDENCE PERMIT FOR TOURIST PURPOSES;

• Residence Permit application Form • 4 passport-size photos • Original passport and photocopies of the following pages

of the passport: the page bearing the applicant’s photo, the page stamped at the last entry, the page indicating the validity and expiry dates of the passport

• A bank statement or a currency exchange slip testifying to an asset in the amount of USD 500 for each month

• Proof of residential address


DOCUMENTS REQUIRED APPLYING FOR A RESIDENCE PERMIT FOR WORK PURPOSES;

• Residence Permit application form • 4 passport-size photos• Original passport and photocopies of the following pages

of the passport: the page bearing the applicant’s photo, the page stamped at the last entry, the page indicating the validity and expiry dates of the passport

• The original and a copy of the work permit issued by the Ministry of Labor and Social Security


A GUIDE TO IMMIGRATION FORMALITIES IN TURKEY

EXPATUCI Relocation AgencySaray Mah. Yunus Emre Cad.1/2 Alanya Antalya , TurkeyDirect: +90 242 565 26 67 E-mail:[email protected]

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