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Foreigners Law

Foreigners Law

Consultancy on residence, work permits and the legal status of foreigners.

Foreigners law; It covers the legal regulations regarding the entry of foreign nationals into Türkiye, their legal stay in the country, residence and work permit applications, deportation decisions, entry bans and administrative detention procedures. The foreigner's citizenship, method of entry to Türkiye, visa duration, purpose of residence and family ties may directly affect the procedures to be applied.

By lawyer Esra Aslan; Legal services are provided regarding residence permit applications, residence permit rejection decisions, deportation and deportation procedures, objections to administrative detention decisions, family residence permits, work permits and other legal transactions of foreigners in Türkiye.

Residence Permit Application Guide for Foreigners in Türkiye

Foreigners who want to stay in Türkiye longer than the period provided by the visa or visa exemption or longer than ninety days must obtain a residence permit appropriate to their situation. Residence permit is an administrative permit document that allows a foreigner to stay legally in Türkiye for a certain purpose and for a certain period of time.

The most important step in applying for a residence permit is to determine the type of permit suitable for the foreigner's purpose of stay in Türkiye. The application conditions for a foreigner who is in Türkiye for tourism purposes and a foreigner who is studying in Türkiye, owns real estate, is married to a Turkish citizen or has the purpose of working are not the same.

Residence permit types in Türkiye

Basically six different types of residence permits are issued within the scope of the Foreigners and International Protection Law No. 6458:

  • Short term residence permit,
  • Family residence permit,
  • Student residence permit,
  • Long-term residence permit,
  • Humanitarian residence permit,
  • Human trafficking victim residence permit.

Which of these permits the applicant will apply for; The purpose of being in Türkiye should be determined by evaluating family ties, educational status, real estate registration, residence history and special conditions. Choosing the wrong residence type may result in rejection of the application or prolongation of the process due to additional document requests.

Who can be granted a short-term residence permit?

Short-term residence permit; This may be on the agenda for foreigners who own real estate in Türkiye, want to stay in Turkey for tourism purposes, will establish commercial connections, conduct scientific research, receive treatment, attend a Turkish course or be in Türkiye for other purposes specified in the legislation.

Only having a real estate title deed, hotel reservation or rental agreement may not be sufficient for a short-term residence permit application. The foreigner's purpose of stay must be real and verifiable, he/she must have sufficient financial means, must present valid health insurance and must provide accurate address information.

How to apply for a residence permit?

  1. The appropriate residence type is determined by: The foreigner's purpose of being in Türkiye and his personal situation are evaluated.
  2. e-Residence application is completed: Application information is entered completely and accurately through the official system.
  3. Application form is prepared: The application form created through the system is checked and signed.
  4. Required documents are collected: Passport, health insurance, address document, documents regarding financial situation and records supporting the purpose of the application are prepared.
  5. The appointment or file delivery process is completed: The application file is submitted to the competent authority according to the method applied in the relevant province.
  6. Requests for missing documents are followed by: Additional information and documents requested by the Administration are completed within the given period.
  7. The application result is followed by: For positive applications, the delivery process of the residence permit card is followed.

Documents that may be required for a residence permit

  • Residence permit application form,
  • Photocopy of passport or passport substitute document,
  • Valid passport covering the requested residence period,
  • Recently taken biometric photograph,
  • Valid health insurance,
  • Document showing the address of stay in Türkiye,
  • Declarations or documents regarding sufficient and regular financial means,
  • Receipts showing that the residence permit fee and card fee have been paid,
  • Depending on the application type, student certificate, title deed registration or marriage certificate,
  • Apostilled and translated foreign documents, if necessary.

The complete list of documents may vary depending on the type of residence permit applied for, the foreigner's age, citizenship and family status. If the applicant's spouse and children will also stay in Türkiye, a separate application file may need to be prepared for each family member. In connection with this topic How to Apply for Family Residence Permit in Türkiye? You can also review the content titled .

When will the residence permit application be finalized?

Residence permit applications must be finalized within the period specified in the law after the necessary information and documents are submitted to the competent authority. However, security investigations, document verification, correspondence with foreign country authorities and requests for additional documents may extend the process.

The fact that the application has been made does not mean that the residence permit will definitely be granted. Administration; It can evaluate the accuracy of the documents submitted, the reality of the purpose of stay, the foreigner's previous visa and residence violations, and the situation in terms of public order and public security.

Legal Remedies for Foreigners Whose Residence Permits Are Denied

The initial application or extension application for a residence permit may be rejected by the relevant administrative authority. The rejection decision must be notified to the foreigner or his legal representative with reasons. The legal remedy to be followed after the decision is notified depends not only on whether the application is rejected or not, but also on whether there is a deportation or entry ban decision on the foreigner. Residence Permit Application Guide for Foreigners in Türkiye content explains other legal points related to this stage.

Why is the residence permit application rejected?

  • Failure to meet the conditions for the residence permit applied for,
  • Failure to explain the purpose of stay in Türkiye with sufficient documents,
  • Submission of incomplete, incorrect or conflicting documents,
  • Lack of valid health insurance,
  • Address information cannot be verified,
  • Failure to provide sufficient financial means,
  • Detecting that the residence permit is used for purposes other than the purpose for which it was issued,
  • There is a valid entry ban or deportation decision for the foreigner,
  • There are violations of visa or previous residence permits,
  • Identification of harm to public order or public security.

After the rejection decision, the notification date of the decision must first be determined and the notification document must be preserved. As a rule, the period for filing a lawsuit starts when the decision is duly notified. If the application result is learned only from the internet system, it is important to provide a written rejection decision and its justification.

Can a lawsuit be filed against the residence permit rejection decision?

It is possible to file an annulment lawsuit in the competent administrative court against the decision to reject the residence permit application, cancel the permit or not extend it. The general lawsuit filing period may be applied for administrative procedures that do not require a specific lawsuit period. However, if a deportation decision is notified along with the rejection decision, the shorter period specific to the deportation decision should be taken into account.

In an annulment case, it is examined whether the rejection decision complies with the law in terms of authority, form, reason, subject and purpose. Documents showing that the applicant meets the necessary conditions, records showing that deficiencies do not actually exist, and evidence showing that the administration's evaluation is incorrect can be submitted to the case file.

Does filing a lawsuit against the rejection decision provide the right to stay in Türkiye?

Merely filing an annulment lawsuit against the residence permit rejection decision does not automatically create a legal right to stay in any case and does not automatically suspend the implementation of the administrative procedure. If the necessary conditions are met, a stay of execution may be requested.

When the foreigner is given a period of time to leave Türkiye along with the rejection decision or when a deportation decision is also notified, each of these decisions must be examined separately. It is of great importance not to miss the short trial period, which is especially valid for deportation decisions.

Can I apply for a residence permit again?

If the reason for rejection is based on a remediable deficiency, it may be possible for the foreigner to make a new application. However, in new applications to be made in a short time for the same stay, it must be clearly shown that the previous reason for rejection has been eliminated.

Making a new application does not automatically suspend or restart the period for filing a lawsuit against the previous rejection decision. For this reason, new application and lawsuit options should be evaluated separately from each other.

What Should Foreigners Who Receive Deportation Decisions in Türkiye Do?

The process called "deport decision" in practice is the deportation decision given about the foreigner. Deportation decision; It may result in the removal of the foreigner from Türkiye and the restriction of his/her entry into Türkiye for a certain period of time depending on the conditions. About the relevant aspect of the process What Should Foreigners Who Receive Deportation Decisions in Türkiye Do? There is detailed information on the page.

After learning of the deportation decision, one should not act only with verbal explanations; a written and reasoned copy of the decision should be provided. It must be determined why the decision was made, when it was notified, and whether there is an entry ban or administrative detention decision on the foreigner.

Situations in which a deportation decision may be made

  • Violation of the visa or residence permit period,
  • Failure to exit in time after the residence permit application is rejected,
  • Working without a work permit,
  • Violation of the rules of entry or exit to Türkiye,
  • Using false or untrue documents,
  • Use of residence permit for purposes other than its intended purpose,
  • Assessing whether there is a threat to public order, public security or public health,
  • Occurrence of one of the other reasons for deportation specified in the law.

The presence of one of these situations does not mean that the foreigner can be deported without any examination. Issues such as the foreigner's personal circumstances, family ties, health status, risks he may face in the country to which he will be sent, and the best interests of the child must also be evaluated.

Steps to be taken by a foreigner who has made a deportation decision

  1. A written copy of the deportation decision must be obtained.
  2. The notification date of the decision must be determined.
  3. The reason for deportation stated in the decision should be examined.
  4. The foreigner's family, education, health and work ties in Türkiye must be documented.
  5. The personal risks they may face in the country to which they will be sent should be evaluated.
  6. An application must be made to the administrative court before the seven-day lawsuit period has expired.
  7. If there is an administrative detention decision, an application to the criminal judgeship of peace should also be considered.
  8. Necessary legal actions should be planned to lift or limit the entry ban, if any.

Who cannot be deported?

Even if one of the deportation reasons listed in the law is present, deportation cannot be carried out if there are serious indications that the foreigner will face the risk of death penalty, torture, inhuman or degrading treatment in the country to which he will be sent.

In addition, situations such as serious health problems, travel-risky age or pregnancy, treatment of a life-threatening disease, victimization of human trafficking or ongoing treatment for physical, psychological or sexual violence may constitute a legal obstacle to deportation.

These protections may not be applied automatically. Health reports, threat records, documents showing family ties and evidence revealing the individual risk in the country to be sent may need to be submitted to the relevant authority or court.

What is an invitation to leave Türkiye?

In some deportation decisions, the foreigner may be given a period of not less than fifteen days and not more than thirty days to leave Türkiye by his own means. It may be possible not to impose an entry ban on a foreigner who departs within the prescribed period, depending on the conditions.

Foreigners who are at risk of escaping or getting lost, who use false documents, who violate legal entry and exit rules, or who are considered to pose a threat to public order may not be given time to leave Türkiye voluntarily.

Objection Process to Deportation Decision for Foreigners

The legal remedy against a deportation decision is not just an ordinary petition of objection to be submitted to the administration that made the decision. An annulment lawsuit must be filed by the foreigner, his legal representative or his lawyer in the competent administrative court.

Time to file a lawsuit against deportation decision

The period for filing a lawsuit against the deportation decision is seven days from the notification of the decision to the foreigner, his legal representative or lawyer. Since this period is shorter than general administrative case periods, it is important to determine the day when the decision is notified correctly.

If the seven-day period has passed, the court may give a rejection decision due to time limit without examining the merits of the case. For this reason, the litigation period regarding the deportation decision should not be missed while waiting for the result of a residence permit application, re-evaluation request or other administrative action.

What documents can be used in a deportation case?

  • A copy of the deportation decision and notification document,
  • Passport, visa and residence permit records,
  • Entry and exit movements to Türkiye,
  • Documents showing family ties with Turkish citizen spouse or children,
  • Children's school and education records,
  • Health reports and treatment documents,
  • Records regarding work permit or employment relationship,
  • Information and documents showing personal risk in the country to be sent,
  • Address, rental agreement and records regarding regular life in Türkiye,
  • Evidence showing that the allegations in the decision are contrary to reality.

Will the foreigner be deported when a lawsuit is filed?

Without prejudice to the consent of the foreigner, if a lawsuit is filed against the deportation decision within or within the period of filing a lawsuit, deportation will not be implemented until the court makes a decision. The foreigner who files the case must also notify the authority that made the deportation decision.

It should be noted that a lawsuit filed against the deportation decision does not automatically lead to the release of the alien. If the foreigner is also kept under administrative detention, an application must also be made to the criminal judgeship of peace against this decision.

How long does it take for a deportation case to be concluded?

The law stipulates that applications against the deportation decision will be finalized within fifteen days. The court's decision regarding the deportation decision is final. However, the actual conclusion of the case may vary depending on the scope of the file, notification procedures and provision of the requested information and documents.

Does the cancellation of the deportation decision lift the entry ban?

Although the deportation decision and the ban on entry to Türkiye are interconnected, they may be separate administrative procedures. The cancellation of the deportation decision does not necessarily mean that all restrictions and entry bans placed on the foreigner are automatically lifted.

If there is an entry ban, restriction code or other administrative record about a foreigner, the legal basis of these actions should be separately investigated and the necessary administrative or judicial applications should be made.

Residence Permit Extension Procedures for Foreigners in Türkiye

Foreigners who want to continue to stay in Türkiye for the same purpose after their residence permit expires must apply for an extension. Extension applications can be made as of sixty days before the current residence permit expires, and in any case, they must be completed before the residence permit expires.

Waiting for the application deadline may put the foreigner's legal stay at risk in case of system congestion, missing documents or technical problems. For this reason, it is important to prepare the extension file a reasonable time before the residence permit expires.

Points to consider when applying for a residence permit extension

  • Passport duration meets the requested residence period,
  • Health insurance covers the entire new residence period,
  • Address information must be up-to-date and verifiable,
  • Proper preparation of the rental agreement or accommodation documents,
  • Continuation of the purpose for which the residence permit was issued,
  • Income and financial means declarations must be truthful,
  • Compliance with address and stay obligations during the previous leave period,
  • The information in the e-Ikamet system must be the same as the existing documents,
  • Delivery of the documents requested after the application on time.

Why is the residence permit extension application rejected?

The extension application may be rejected due to the disappearance of the conditions on which the initial residence permit was granted. For example, the termination of the studentship of a foreigner with a student residence permit, the disappearance of family ties or supporting conditions in the case of a family residence permit, or the use of a short-term residence permit for purposes other than its purpose may be grounds for rejection.

The Administration may also examine where and for what purpose the foreigner actually stayed in Türkiye during the previous permit period. If the foreigner does not live at the declared address, is outside Türkiye for a long time, or cannot prove his/her purpose of residence, this may negatively affect the extension process.

What should a foreigner whose extension application is rejected do?

A written copy of the rejection decision should be taken, the notification date should be recorded and the exit period from Türkiye specified in the decision should be examined. Failure of the foreigner whose extension application is rejected to exit within the period specified in the decision may result in a deportation decision.

If the rejection decision is thought to be unlawful, an annulment case in the administrative court and a request for stay of execution can be evaluated if the conditions are met. However, the effect of filing a lawsuit on the legal stay should be examined separately according to the content of the concrete decision.

Legal Representation and Advocacy Services for Foreigners in Türkiye

The fact that foreigners living in Türkiye or having legal transactions in Türkiye are not Turkish citizens does not prevent them from applying to courts, administrative authorities and other public institutions. Foreigners can exercise their rights personally or be represented through a lawyer with a power of attorney in accordance with the legislation. Also Rights of Foreigners Becoming Illegals in Türkiye The issues explained in should be evaluated together with the concrete incident.

The interconnectedness of decisions made by different institutions in foreigners law increases the importance of legal representation. Refusal of a residence permit may affect the foreigner's employment status; expiry of the work permit may terminate the legal right to stay; Visa violation may lead to deportation or entry ban proceedings.

Services that can be provided within the scope of foreigners law

  • Determining the residence permit type and preparing the application file,
  • Legal follow-up of first residence permit, extension and transition applications,
  • Filing a lawsuit against residence permit rejection and cancellation decisions,
  • Filing a lawsuit against deportation decisions in the administrative court,
  • Applying to the criminal judgeship of peace against administrative detention decisions,
  • Legal examination of entry ban and restriction records,
  • Preparation of family residence permit files,
  • Legal control of work permit applications,
  • Marriage, divorce, custody and family law transactions of foreigners,
  • Foreigners' real estate acquisition and title deed transactions in Türkiye,
  • Planning the apostille, certification and translation processes of foreign documents.

Can a power of attorney issued abroad be used in Türkiye?

A foreign person may issue a power of attorney at the Turkish consulate in his/her country in order to follow up his/her legal transactions in Türkiye. If the power of attorney is prepared by a foreign notary, apostille or consular certification may be required depending on the country where the document is issued.

In order for the power of attorney prepared in a foreign language to be used in Türkiye, it may be required to complete its Turkish translation and necessary notary approvals. It is important to clearly state the transactions to be performed in the power of attorney, especially in terms of litigation, title deed, citizenship and residence transactions.

Can the lawyer perform all transactions on behalf of the foreigner?

Many administrative and judicial procedures can be carried out through a lawyer. However, the administration may request the foreigner to be present in person for identity verification, fingerprinting, interview or examination of personal aspects of the application.

Lawyer Esra Aslan examines the application and case files of foreigners and evaluates the applicable legal remedies, processing times and necessary documents according to the characteristics of the concrete case.

Rights of Foreigners Becoming Illegals in Türkiye

The term "illegal alien" is in practice; It is used for foreigners who have exceeded their visa period, whose residence permit has expired, whose residence permit has been cancelled, who work without a work permit or who violate the rules of legal entry and exit to Türkiye. From a legal perspective, these people may be considered irregular immigrants or aliens who violate the right to legal stay.

The termination of the legal right to stay does not mean that the alien loses all fundamental and procedural rights. Administrative actions to be taken against the foreigner must have a legal basis, the decisions must be communicated with justification, and the opportunity to use the remedies specified in the law must be provided.

What are the consequences of violating legal stay?

  • Imposition of administrative fines due to visa or residence violation,
  • Negative evaluation of residence permit applications,
  • Issuing a deportation decision for a foreigner,
  • Imposition of a certain-term entry ban into Türkiye,
  • Putting a foreigner under administrative detention,
  • Imposing sanctions on foreigners and employers due to activities without a work permit,
  • To take the violation into account in future visa and residence applications.

Sanction to be applied; It may vary depending on the type of violation, how long it lasted, whether the foreigner left on his own, whether he paid the fines or not, and whether there is any other administrative record about him.

Can an illegal foreigner obtain a residence permit?

The fact that a foreigner has exceeded his visa or residence period does not mean that he can always apply for a new residence permit in Türkiye. First of all, the nature of the foreigner's violation of legal stay, whether there is a deportation or entry ban decision against him, and whether there is a special reason for a residence permit should be examined.

Humanitarian residence permit may be considered in case of the best interest of the child, it is not reasonable or possible to leave Türkiye, there is a serious risk in the country to which the child will be sent, or there are extraordinary personal circumstances. However, humanitarian residence permit is an exceptional type of permit and is not applied in every visa violation.

Main rights of the foreigner who violates the right of legal stay

  • Learning the rationale for administrative decisions about you,
  • Receiving a written copy of the decision and information about ways to apply,
  • Access to a lawyer and legal representative,
  • Filing a lawsuit against the deportation decision in due time,
  • Applying to the criminal judge of peace against the administrative detention decision,
  • Meeting with consular officials and their relatives,
  • Access to basic and emergency health services at the repatriation center,
  • Requesting legal aid if the conditions are met.

A foreigner who has a legal stay violation should evaluate the legal consequences of the violation instead of hiding his situation or presenting false documents. False documents or misrepresentation may lead to administrative and criminal consequences that are more severe than the current violation.

Objection to Administrative Detention Decision for Foreigners

Administrative detention is the detention of a foreigner who has a deportation decision in a repatriation center under certain conditions. Administrative detention is not a criminal conviction; It is an administrative measure taken for the purpose of carrying out the deportation process.

Deportation decision and administrative detention decision are different from each other. An application can be made to the administrative court against a deportation decision, and to the criminal judgeship of peace against an administrative detention decision. Simply filing a deportation case does not automatically end administrative detention.

Who can be placed under administrative detention?

  • Those who are considered to be at risk of escaping or getting lost,
  • Those who violate the rules of entry or exit to Türkiye,
  • Those who use fake or untrue documents,
  • Those who did not leave Türkiye within the given time,
  • Those who are considered to pose a threat to public order, public security or public health.

The administrative detention decision must be justified not only by repeating the statements in the law, but also by evaluating the individual situation of the foreigner. The objection may be raised that the foreigner has a fixed address, a regular family life and strong ties that reduce the risk of flight.

How long can administrative detention last?

As a rule, the administrative detention period at the removal center cannot exceed six months. However, if the deportation procedures cannot be completed due to the foreigner not cooperating or not providing correct information and documents about his country, the period may be extended for a maximum of six months.

The governorship should evaluate regularly every month whether the continuation of administrative surveillance is necessary. If it is understood that there is no longer any obligation to continue the surveillance, the decision should be lifted or alternative obligations to administrative surveillance should be applied.

What are the alternative obligations to administrative detention?

  • Residing at a certain address,
  • Notifying at regular intervals,
  • Family-based repatriation procedures,
  • Return consultancy,
  • Providing collateral,
  • Electronic monitoring,
  • Other alternative measures specified in the legislation.

Alternative obligations may require the alien to comply with certain conditions upon release. Failure to comply with these obligations may result in the foreigner being placed under administrative detention again.

How can I object to an administrative detention decision?

A foreigner placed under administrative detention, his legal representative or lawyer may apply to the criminal judgeship of peace. The application can be made directly to the judgeship, or the petition can be submitted to the administration. The petition submitted to the administration must be delivered immediately to the authorized criminal judgeship of peace.

An application to the criminal judgeship of peace does not automatically suspend administrative detention. The judge completes the examination within the short period specified in the law. If the conditions of administrative detention change or disappear later, it is possible to re-apply.

What issues can be raised in an administrative detention objection?

  • There is no risk of escape or loss,
  • The foreigner has a fixed and verifiable address,
  • Has a spouse, child or close family ties in Türkiye,
  • His health condition is not suitable for being kept in the repatriation center,
  • Administrative surveillance has become disproportionate,
  • Deportation cannot be carried out in the near future,
  • Alternative obligations will be sufficient,
  • The decision is not based on concrete and personal reasons.

Foreigners who cannot afford a lawyer's fee may request that a lawyer be assigned within the scope of legal aid for their application against administrative detention, if they meet the conditions.

How to Apply for Family Residence Permit in Türkiye?

Family residence permit is a type of residence permit issued to the foreign spouse and children who meet certain conditions through the sponsor who is legally present in Türkiye. In the application, not only the official marriage or lineage ties are examined, but also whether the sponsor and the applicant meet the conditions specified in the law.

Who can obtain a family residence permit?

Turkish citizens, persons within the scope of the Blue Card, foreigners with a valid residence permit in Türkiye, refugees and holders of subsidiary protection status;

  • Foreign spouse,
  • To his or her spouse's minor foreign child,
  • To his or her spouse's dependent foreign child

Family residence permit can be issued if the conditions are met. If the other parent has joint custody of the child, a consent document may be requested in the application.

How long is a family residence permit issued?

Family residence permit can be issued for a period not exceeding three years at a time. However, the duration of the family residence permit cannot be longer than the current residence permit duration of the foreign sponsor.

Even if the sponsor is a Turkish citizen, it is not possible for the family residence permit application to be automatically accepted. The reality of the marriage, whether the family unity continues, the intention of the spouses to live together and whether there is an obstacle in terms of public order can be investigated.

Requirements required for the sponsor

  • Having valid health insurance covering family members,
  • Having sufficient and regular income to support family members,
  • Presence of a valid address record in the address registration system,
  • Meeting the conditions sought in the legislation in terms of crimes committed against family order,
  • Meeting the necessary residence requirements according to the sponsor's status.

Documents that may be required for family residence permit

  • Family residence permit application form,
  • The applicant's passport and its translation,
  • Supporter's identity or residence permit document,
  • Internationally valid marriage certificate,
  • Birth certificates and records showing lineage for children,
  • Consent of the other parent, if necessary,
  • Documents showing the income status of the sponsor,
  • Health insurance covering family members,
  • Residence and address registration documents,
  • Records that may be requested regarding criminal record or family order.

Marriage, birth, divorce, death or custody documents issued abroad may require apostille or consular certification. The documents may also be requested to be translated into Turkish and notarized.

In what cases is a family residence permit rejected or cancelled?

  • The supporter does not have the required conditions,
  • Determining that the marriage was made only for the purpose of obtaining a residence permit,
  • The spouses have no intention of living together,
  • Family ties have ended or cannot be documented,
  • Using the permission for purposes other than the purpose for which it was granted,
  • There is a valid deportation or entry ban decision for the foreigner.

In case of divorce of a foreigner married to a Turkish citizen, it may be possible to switch to a short-term residence permit, provided that he/she has lived in Türkiye with a family residence permit for a certain period of time. Special provisions regarding the time limit may be applied to people who prove that they are victims of domestic violence by court decision.

Work and Residence Permit Processes for Foreigners in Türkiye

Foreigners who want to work independently or under an employer in Türkiye must obtain a work permit, except for the exceptions specified in the law. Residence permit and work permit are not the same process. A valid residence permit does not provide a foreigner with the right to work alone.

On the other hand, valid, indefinite or independent work permits can also replace residence permits. A foreigner with a work permit does not need to obtain a residence permit for the same period. If the work permit expires or is cancelled, the associated legal right to stay may also be affected.

Domestic work permit application

For foreigners who are in Türkiye and have a valid residence permit for at least six months, a work permit application can be made domestically. The application is usually made via the electronic system by the employer who will employ the foreigner.

The fact that a foreigner has a residence permit does not necessarily mean that his work permit application will be accepted. The financial structure of the employer, the employment of Turkish citizens, the wage to be paid to the foreigner, the professional qualifications of the foreigner and the special criteria foreseen for the sector can be evaluated.

Work permit application from abroad

A foreigner who does not have a residence permit suitable for domestic application in Türkiye can apply for a work visa at the Turkish foreign mission in the country of which he is a citizen or where he is legally located. The electronic work permit application is completed by the employer in Türkiye using the reference number received from the foreign representative office.

After the work permit is approved, the foreigner must enter Türkiye within the required time and complete the address and social security procedures. The employer is also required to act in accordance with the relevant legislation in terms of the foreigner's insurance notifications and working conditions.

Work permit types

  • Permanent work permit: Issued for a limited period of time for a specific employer, job and workplace.
  • Indefinite work permit: It can be requested by foreigners who meet the long-term residence or legal working period conditions specified in the law.
  • Independent work permit: It can be issued so that the foreigner can work in his own name and on his own account.
  • Turquoise Card: It may provide a work and residence right subject to special evaluation for qualified foreign workforce and investors.
  • Work permit exemption: Applicable for temporary activities specified in the law and relevant regulations.

Does the work permit depend on the employer?

Permanent work permit is mostly issued for a specific employer, task and workplace. If the foreigner changes his employer or position, it may not be possible for him to start working at the new workplace with his current work permit. It may be necessary to apply for a work permit through the new employer.

In case of termination of the working relationship, it is important that the employer and the foreigner make the necessary notifications. If the foreigner wants to continue to stay in Türkiye after the expiration of his work permit, it should be evaluated whether he can switch to a residence permit suitable for his situation within the legal period.

Results of working without a work permit

Administrative fines may be imposed on foreigners who work without a work permit and on employers who employ foreigners. Working without permission may also result in a deportation decision for the foreigner. The employer may also be held responsible for the deportation costs of the foreigner and, depending on the circumstances, his family.

The fact that a foreigner becomes a partner in a company or establishes his own business does not eliminate the need for a work permit in any case. The foreign company partner must review the work permit conditions before actually starting to work in the workplace.

Lawyer support in work permit application

The work permit process requires the employer, foreign employee, social security records and immigration legislation to be evaluated together. Incorrect occupation code, incomplete employment contract, failure to meet wage criteria or missing the application deadline may result in a rejection decision.

Lawyer Esra Aslan provides legal support to ensure that the foreigner's residence status, employer's legal and financial conditions, employment contract and application documents are carried out in harmony with each other.

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