Work and Residence Permit Processes of Foreigners in Turkey

Work and residence permit processes for foreigners in Turkey are two different permit systems that regulate their right to live and work legally in the country. While a residence permit provides the foreigner with the right to stay in Turkey, it does not give the right to work alone. A valid work permit replaces a residence permit as well as the right to work. In connection with this topic Foreigners Law You can also review the content titled.

Making the application from the right type of permit, the foreigner's profession, the employer's field of activity, current residence status and passport duration should be evaluated together. Incomplete or incorrect application; It may result in consequences such as refusal of permission, administrative fines and violation of the legal right to stay.

Difference Between Work Permit and Residence Permit

A foreigner with a family, student or short-term residence permit must also obtain a work permit before starting to work. The fact that the employer has applied does not give the foreigner the right to work without the approval of the permit. About the relevant aspect of the process Legal Remedies for Foreigners Whose Residence Permit Has Been Rejected There is detailed information on the page.

Who Needs a Work Permit in Turkey?

As a rule, foreigners who work for an employer in Turkey, do business on their own behalf or actually work in their company must obtain a work permit. The fact that the foreigner is a company partner, has a residence permit or is married to a Turkish citizen does not provide the right to work alone.

Some short-term activities and special statuses may be covered by the work permit exemption. However, since the exemption conditions vary according to the type and duration of the activity, it should be checked whether a work permit exemption certificate is required before starting work.

Domestic Work Permit Application

In order to apply domestically on behalf of a foreigner in Turkey, there must be a residence permit issued for at least six months and valid on the date of application.

The application is made through the e-Permit system by the employer who will employ the foreigner or the person authorized by the employer. The employment contract, documents belonging to the foreigner and employer records are uploaded to the system electronically.

Not every foreigner with a valid residence permit will be accepted for a work permit. The financial situation of the employer, the number of employees, the wage to be paid to the foreigner, the nature of the work and sectoral conditions are also evaluated. Also How to Apply for a Family Residence Permit in Turkey? should be evaluated together with the concrete case.

Work Permit Application from Abroad

Foreigners who do not have the necessary residence permit in Turkey must apply for a work visa to the Turkish foreign representative office in the country of which they are a citizen or legally resided. Guide to Applying for a Residence Permit for Foreigners in Turkey its content explains other legal points related to this stage.

After the application for foreign representation, the foreigner is given a reference number. The employer in Turkey completes the work permit application through the e-Permit system using this number.

The foreigner whose work permit is approved must complete the necessary visa procedures and come to Turkey and start working within the specified period from the beginning of the permit. Failure to come to Turkey within the deadline may result in loss of permit.

Documents Required for Work Permit

The required documents may vary depending on the foreigner's profession and the employer's field of activity. In general, the following documents are prepared:

• Employment contract signed by the employer and the foreigner,
• Passport and biometric photo of the foreigner,
• Diploma or qualification certificate in required professions,
• Valid residence permit information for domestic applications,
• Trade registry and activity documents of the employer,
• Balance sheet and financial adequacy records of the employer,
• Preliminary permits and licenses to be obtained according to the sector.

In health, education, engineering and similar regulated professions, preliminary permission or diploma equivalence may be requested from the relevant institution. It should not be forgotten that some professions are reserved for Turkish citizens by special laws.

Work permit applications made with passports valid for less than 60 days on the application date may not be processed. The duration of the permit may also be limited by the validity date of the passport.

How Many Years Is a Work Permit Issued?

A temporary work permit for an employer can be issued for a maximum of one year, not exceeding the duration of the employment or service contract at the first application.

If you continue to work for the same employer, a work permit can be issued for a maximum of two years in the first extension application and for a maximum of three years in subsequent extension applications.

If the foreigner will work for a different employer, the process is considered as a new work permit application, not an extension. In addition, foreigners who meet the conditions can apply for an independent work permit, indefinite work permit or Turquoise Card.

Work Permit Extension Application

The extension application must be submitted from 60 days before the expiration of the current work permit and in any case before the permit expires.

The application made after the expiry of the work permit is not considered an extension and is evaluated according to the initial application conditions. If there is a change of employer, a new application must be made.

During the extension process, the employment contract, the foreigner's duty and wage information, employer records and passport duration must be up-to-date.

How to Apply for a Residence Permit?

Foreigners who will stay in Turkey for more than the visa or visa exemption period or for more than 90 days must obtain a residence permit suitable for the purpose of their stay, if they do not have a valid work permit.

Residence permit applications are initiated through the e-Residence system. Stranger; should choose the one that suits their situation from short-term, family, student, long-term or other residence types.

In general, passport, biometric photograph, health insurance, proof of address, financial sufficiency record and documents showing the purpose of stay are submitted in the application. Obtaining a residence permit does not provide the foreigner with the right to work.

What to Do After the Work Permit is Approved

The fee and valuable paper fee notified for the foreigner whose work permit application is approved must be paid within the deadline. Failure to pay within 30 days of notification may result in the application being denied.

For domestic applications, the foreigner must start working within one month from the start of the permit. For overseas applications, the foreigner must start working within one month from the date of entry into Turkey.

Foreigners who come to Turkey with a work permit must complete the address registration process within 20 working days from the date of entry. The employer must also fulfill social security notifications and other obligations regarding work permits on time.

Why is a Work Permit Application Rejected?

• The employer does not meet the employment or financial adequacy requirements,
• The wage to be paid to the foreigner is below the level determined for the duty,
• Failure to complete the application with the necessary documents and information,
• Failure to prove the professional competence of the foreigner,
• The job is one of the professions closed to foreign employment,
• Insufficient passport duration,
• There is an entry ban or a record regarding public order about the foreigner,
• The application is not deemed compliant with international labor policy.

A reasoned objection can be made against the rejection decision via the electronic system within 30 days from the notification. If the objection is also rejected, it may be considered to file an annulment lawsuit in the competent administrative court.

Consequences of Working Without a Study Permit

Administrative fines may be imposed separately on the foreigner working without a work permit and the employer employing the foreigner. Since the sanctions are redetermined every year, the current amounts should be checked from official sources.

Unauthorized work may also cause deportation and entry ban to be brought to the agenda for the foreigner. The employer should not employ without the result of the permit by stating that he is applying on behalf of the foreigner.

At What Stages Can Lawyer Support Be Obtained?

Lawyer working in the field of foreigners law; It can review work and residence status together, help determine the correct type of application, and check for legal deficiencies in documents.

If the work permit or residence permit application is rejected, administrative objection and cancellation lawsuit processes can be followed. If there is also a deportation decision, restriction code or entry ban for the foreigner, each of these transactions should be evaluated separately.

Frequently Asked Questions

Does a work permit replace a residence permit?

Yes. A valid work permit or work permit exemption replaces a residence permit for the duration of its validity.

Can a foreigner with a residence permit work directly?

A residence permit alone does not give the right to work. A work permit or a valid work permit exemption must be obtained before starting work.

Who applies for a work permit from within the country?

The application is usually made by the employer who will employ the foreigner through the e-Permit system.

How many years is the first work permit issued?

The first-term work permit can be issued for a maximum of one year, not exceeding the duration of the employment contract.

Can the existing leave be used when the employer is changed?

In general, no. A temporary work permit is issued for a specific employer and job. A new application must be made to work for a different employer.

Does a foreigner who is a company partner need to obtain a work permit?

Company partnership does not provide the right to work alone. If the foreigner is going to work for the company, he may need to obtain a work permit suitable for his situation.

Legal information: This content has been prepared for general information purposes. Work and residence permit conditions may vary depending on the foreigner's citizenship, profession, employer's sector and the foreigner's current status in Turkey. Before applying, current criteria and personal legal situation should be examined separately.