WORK PERMIT IN TURKEY

The heading of this post is one of the interest areas of two group of people. One of them immigrants planning to relocate in Turkey. On the other hand, the entrepreneurs who are planning company registration in Turkey. Therefore, in this article we will answer the questions on work permit in Turkey from those two perspectives

Do I Need to Have a Work Permit in Turkey?

If you are planning to work in Turkey you will need work permit in Turkey. Additionally, if you are the director of your own company in Turkey such requirement still exists. However, for some professions such as lawyers your work permit will not be sufficient. Since, some professions are only allocated to Turkish Citizens. Therefore, even though you have a work permit in Turkey you cannot perform such professions.

Professions and Duties Limited to Turkish Citizens by Laws and Prohibited to Work by Foreigners

• Dentistry, dentistry nursing. (According to the Law on the Practice of Medicine and Medical Arts)
• Pharmacy (According to the Law on Pharmacists and Pharmacies)
• Veterinary Medicine (According to the Law on the Formation of the Veterinary Medical Association and its Chambers and their Jobs)
• Responsible director in private hospitals (in accordance with the Private Hospitals Law)
• Attorneyship (in accordance with the Attorneyship Law)
• Notary Public (According to the Notary Law)
• Private security officer (Law No. 5188 on Private Security Services, Art. 10)
• Exporting fish, oysters, mussels, sponges, pearls, corals, diving, foraging, piloting, captaining, engineering, clerk, crew, etc. within the territorial waters. (According to the Cabotage Law)
• Customs consultancy (in accordance with Article 227 of the Customs Law No. 4458)
• Tourist guiding (in accordance with the 3rd article of the Tourist Guiding Profession Law No. 6326)

I Have Residence Permit in Turkey is it Sufficient to Work in Turkey?

Work permit and residence permit are very different status. As we previously discussed residence permit in Turkey only allow you to legitimately stay in Turkey. However, on the other hand work permit in Turkey allows you to legally work in Turkey. Moreover, the administrative institutions dealing with both permits are different. Work permit in Turkey is administrated by the Ministry of Labor and Social Security. On the other hand, the residence permit in Turkey is under the administration of Interior Affairs Ministry.

The criteria of Ministry of Labor and Social Security is quite crucial during the process. Thus, please review such criteria and make sure that your application is in compliance with those criteria.

Evaluation Criteria that Applicant Workplaces and Foreigners Have to Meet Regarding Work Permit in Turkey Requests of Foreigners?

1. In the workplace for which a work permit in Turkey is requested, at least five T.C. Employment of citizens is mandatory. If the foreigner requesting a permit is a company partner, the employment requirement for five persons is sought for the last six months of the one-year work permit to be given by the Ministry. If a work permit is requested for more than one foreigner at the same workplace, five T.R. Citizen employment will be sought.
2. The paid-in capital of the workplace must be at least 100,000 TL or its gross sales must be at least 800,000 TL or the last year’s export amount must be at least 250,000 USD.
3. Article 2 shall not be applied in the work permit in Turkey requests of foreigners who will work in associations and foundations, and articles 1 and 2 shall not be applied in the evaluation of work permit applications of foreigners who will work in the Turkish representations of foreign state airlines, education sector and domestic services.

 

4. The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL.
5. The amount of monthly wage declared to be paid to the foreigner by the employer must be at a level compatible with the foreigner’s duty and competence. Accordingly, taking into account the minimum wage in force as of the date of application, the minimum wage to be paid to the foreigner.

WHAT SHALL BE THE SALARAY OF A FOREIGNER ?

– 6.5 times the minimum wage for senior managers and pilots,

– 4 times the minimum wage for unit or branch managers, engineers and architects,

–  3 times the minimum wage for teachers and those who will work in jobs that require expertise and mastery,

– At least the minimum wage for foreigners to be employed in domestic services, 1.5 times the minimum wage for foreigners who will work in other professions,

– Foreigners who will work in tourism-animation organization companies with acrobats and similar titles and foreigners who will work in jobs such as masseurs, masseuses and SPA therapists must be twice the minimum wage.

6.  Within their bodies;

– At least three-star tourism establishments certified by the Ministry of Culture and Tourism, certified holiday villages, thermal hotels with operating permits obtained from official authorities, proving that they have a licensed massage parlor,

– Hammam-sauna-SPA etc. facilities that have a contract (with a contract) with the certified tourism enterprises that have the complex,

– Sports centers with permission from official authorities that employ at least twenty (20) Turkish citizens,

– Foreign employment requests for jobs that require expertise and mastery such as masseurs, masseuses and SPA therapists will be taken into consideration, and requests of businesses and workplaces that are not within this scope will not be considered appropriate.

7. For foreigners to be employed in the entertainment sector and tourism-animation organization companies that require expertise and mastery, at least 10 T.C. If a citizen is employed, five T.C. separately for each foreigner. The quota for employment of citizens will not be applied separately.
8.  In the evaluation of work permit requests for foreigners to be employed in the procurement of goods and services by contract or tender procedures by public institutions and organizations, as well as the cases in which there are provisions in bilateral or multilateral contracts to which Turkey is a party. The criteria set in Articles 1 and 2 will not be applied.
9.  In the works that require advanced technology or in cases where there is no Turkish expert with the same qualifications, the criteria determined by the 1st and 2nd articles will not be applied upon the approval to be given by the General Directorate.
10. For foreigners who will be employed in businesses that meet the conditions of Special Foreign Direct Investment, except for key personnel, the criterion determined in article 1 is T.R. based on the number of citizens.

FOREIGNERS THAT WILL NOT SUBJECT TO THE CRITERIA IN APPLICATION

The foreigners who are not subject to the work permit evaluation criteria in accordance with the provisions of the Implementing Regulation of the Law on Work Permits of Foreigners are listed below. T.C. that the said foreigners whose work permit applications have been finalized without being subject to the work permit evaluation criteria are within this scope. It is necessary to prove it with documents obtained from official authorities.

Foreigners;

• whose mother, father or child are Turkish citizens,
•  living in marriage union with a Turkish citizen for at least three years,
• who are citizens of the Turkish Republic of Northern Cyprus,
•  who have been granted a residence permit within the framework of Turkish and related communities practices,
• who have been granted a residence permit within the framework of humanitarian considerations,
•  who have been granted a residence permit as victims of human trafficking,
• who have been granted a stateless residence permit.