Authors: Beyza Büyükağaçcı, Enis Kadıoğlu

As a rule, the opportunity for foreigners to work in Turkey under someone or as self-employed is dependent on obtaining a "work permit". The type and scope of work permits are regulated by the International Labour Law (“Law”) No. 6735. According to the Law, the permission for foreigners to work in Turkey is subject to approval by the Ministry of Labour and Social Security, unless otherwise stipulated in bilateral or multilateral agreements and legislation. In this paper, we will provide information regarding foreigners' applications for work permits and the related process.

According to Article 6 of the relevant Law, persons who are not citizens of the Republic of Turkey are prohibited from working and being employed in Turkey without a work permit. All procedures relating to the receipt, assessment, and completion of applications for work permits, exemption from work permits, and other applications are carried out through an electronic system, and the Ministry of Labour and Social Security evaluates applications according to its discretion within the framework of international labour policy.

1-   Work Permit Application Process

2-   Necessary Documents For Work Permit Application

The Ministry of Labour and Social Security requests the following documents from the foreign real person: an employment contract, biometric photograph, passport, and diploma. Besides, the employer is requested for a tax registration certificate, trade registration gazette, balance sheet, certificate of activity, and pre-permit document.

3-   Types of Work Permit

If the application for a work permit is assessed positively by the Ministry, the foreigner is granted one of the types of work permits stated in the Law in accordance with the application made under an employment or service contract. The first type of work permit is the general work permit (temporary work permit). As set out in Article 10 of the Law, a work permit of a maximum of one year is granted to a foreigner on the first application, on the condition that the foreigner will work in a precise job at a certain workplace owned by an individual or legal entity, or a public institution or organization, or at workplaces in the same sector provided that it does not exceed the duration of the employment or service contract

According to Law, foreigners have the opportunity to extend their work permits starting from sixty days before the expiration of the work permit duration by applying for an extension in any case before the expiration of the current permit. If the extension application is approved, the foreigner can be granted a work permit for up to two years for the first extension application, and up to three years for subsequent applications, provided they remain employed by the same employer.

Another type of employment regulated by Article 10 of the Law is a permanent work permit, which foreigners who have long-term residence permits in Turkey or have had legal work permits for at least eight years can benefit. Such foreigners obtain privileged foreigner status. Foreigners with permanent work permits can benefit from all the rights provided by long-term residence permits. Additionally, except for regulations in special laws, they can enjoy the rights granted to Turkish citizens, subject to the provisions of the relevant legislation regarding social security rights, while preserving acquired rights. However, foreigners with permanent work permits do not have the right to vote, to be elected, to enter public service, or to fulfill military service obligations.

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