Work Permits Business Turkey

Introduction

Turkey is becoming a popular destination for immigrants looking to live and work in a new country. According to statistics, approximately 80.000 people from 165 countries filed for work permits in 2015, more than eight times in 2009. No doubt this new outcome supports business turkey.

In August 2016, the government enacted a completely new law, introducing new concepts and procedures regarding the application phase and assessment criteria.

Work Permit Requirement

Unless they are exempted by particular legislation or international treaties, foreign individuals must get a work permit before working in Turkey (1).

Individuals who are required to apply for a work permit include:

• Employees
• Entrepreneurs that work for themselves,
• Directors of Limited Liability Companies (LLCs) based in Turkey who also own shares in the same LLC
• Members of the Board of Directors of Turkish Joint Stock Companies (JSCs) who also own stock in the same JSC

Exempt Foreigners

The following people are exempt from having to apply for a work permit:

• Members of the Board of Directors of Turkey-based JSCs who are not Turkish
• Shareholders of Turkish enterprises that do not possess an official managerial position in the company, as well as
• (2) Cross-border service providers who spend less than 90 days in Turkey in 180 days.
• However, foreigners in this category must obtain an “exemption certificate” before beginning work in Turkey.

Types of Work Permits

I. Regular Work Permit

A work permit is issued for a specific length of time, and its extension is subject to certain conditions. At the time of application, a typical work visa is given for a maximum of one year.

Regular work permits can be extended for two years the first time they are applied for and a maximum of 3 years the second time. Employees who have left their previous employer and began working for a new one, on the other hand, are not eligible for the extended extension periods specified below.

II. Unlimited Work Permit

Foreigners with an 8-year work permit or a long-term residence permit may be granted a work permit for an indefinite period.

Except for; the unlimited work permit offers foreigners the same rights and status as Turkish citizens.

• Voting rights and the ability to run for public office

• The right to work as a government employee

• Military service is a requirement.

• Other limitations imposed by various laws and regulations, such as limitations on real estate acquisition in specified locations.

Turquoise is the third card in the deck.

The Turquoise Card

The Green Card in the United States and the Blue Card in the EU provide highly qualified individuals with ample opportunity to work and live in Turkey.

The Turquoise Card is a unique type of work permit valid for an indefinite period. Cardholders are permitted to work in Turkey without restriction for an unlimited period, and their spouses and children are immediately awarded permanent residency permits.

A Turquoise Card is available to individuals with a solid educational, professional, or scientific background and investors who can make a significant contribution to the Turkish economy.

The turquoise card is only available for a three-year changeover period. It is transformed into a permanent turquoise card upon application of the cardholder before the expiration of this term. The application for the permanent Turquoise Card must be submitted within 180 days of the initial card’s expiration date. Otherwise, the card will be revoked, and the application will be refused.

IV. Exceptional Work Permit

The term “exceptional work permit” refers to the government’s flexible approach to providing work permits to specific groups of persons. Individuals who meet these criteria may be subjected to a less stringent application process and review standards and may be given a work permit with more favorable terms, especially in terms of time.

The excellent work permit scheme is available to foreigners with one of the following statuses:

• Citizens of the EU,
• Professionals with advanced degrees,
• Investors that are well qualified,
• Providers of cross-border services,
• Turkish citizens’ spouses,
• Turkish-born individuals
• Employees were working on a project in Turkey (e.g., building, infrastructure, etc.).
• Refugees and victims of human trafficking,
• Without diplomatic immunity, officers of foreign nations or international organizations,
• Scientists, artists, and athletes of international reputation, as well as
• Turkish Cypriots are a group of people who live in Cyprus.

Application Procedure

Prior Authorization

Foreigners who will give services in the healthcare or education sectors must acquire prior authorization. The Ministry of Health and the Ministry of National Education are the relevant agencies for prior approval.

Initial Application

Work permits are granted by the Ministry of Labour and Social Security, which is the relevant authority. The application method is frequently a multi-sided and multi-phased process that both the employing entity and the foreign individual must go through.

Foreign nationals can file the application from anywhere in the world or while in Turkey. In the event of applications from outside Turkey, the foreigner should contact the Turkish Embassy or Consulate where they are a citizen or legal resident. On the other hand, foreigners can apply directly to the Ministry for domestic applications if they have a valid residence permit with a remaining term of at least six months.

Following the foreign individual’s initial application, the employing entity must log into the Ministry’s online application system, complete the online forms, and upload the soft copies of required documents to the web portal. Within ten days of a foreign individual’s abroad application, the employer must additionally send hard copies of the application papers to the Ministry. In a foreigner filing a domestic application, the online application and documents submitted to the Ministry must be completed within six days.

The paperwork required differs depending on the foreigner’s industry, job title, and profession.

If the application contains missing papers or information, the assessment will be postponed until these flaws are addressed.

The shortcomings must be addressed within 30 days of the Ministry’s notification. The application will be rejected if this is not done.

Assessment

The Ministry examines applications after conferring with and taking into account the relevant governmental bodies’ considerations. Furthermore, when evaluating an application, the Ministry takes into account factors such as the government’s international labor force policy, the nature of the business and the market, professional developments, changes in the sectoral, geographical, and economic context, the applicant’s educational status, the enterprise’s contribution to the national economy, and the appropriate wage level.

More crucially, the ministry establishes preliminary requirements that must be completed by both the employer and the foreign individual. The following are some of the most typical qualities requested in work permit applications: (3) it has been formalized.

• The employing business must employ at least 5 Turkish citizens.

The requirement to employ five Turkish nationals is only sought for the last six months of the work permit’s validity if the foreigner is a shareholder of the Turkey-based company.

The duty to hire 5 Turkish nationals applies to each foreigner on an individual basis.

• The company’s paid-up capital must be at least 100,000 TRY. Alternatively, its annual gross sales must be at least 800,000 TRY, or its prior year’s export sales must be at least 250,000 USD.
• When a foreigner is a stakeholder in a corporation, they must own at least 20% of the shares, with a value of at least 40,000 TRY.
• As disclosed by the employer, the foreign employee’s monthly compensation should be appropriate to the foreign employee’s position and ability.
• The Ministry established compensation thresholds for particular professions and work positions based on the government’s official minimum wage announcement. As an example,
• Senior executives and pilots should be paid at least 6.5 times the minimum salary, and senior executives and pilots should be paid at least 6.5 times the minimum wage.
• Engineers, architects, and unit or branch managers should be paid at least four times the minimum salary.

The Ministry should complete its review of all adequately submitted applications within 30 days.

Applications for extensions

Extension applications must be submitted within 60 days of the existing work permit’s expiration date. The application process is quite similar to first-time applications, except that there are fewer documents to prepare for the extension.

If the file is submitted after the work permit has expired, the Ministry will not consider the extension request. In this instance, applicants who want to renew their permits should prepare their documentation as if they were applying for the first time.

Business Turkey is quite simple and understandable with following the dead lines and requirements.

For further assistance do not hesitate to contact us.