Foreigner’s Guide to Residence and Work Permits in
Turkey
This short article is intended to provide
brief and general information with regard to residence and work permit
applications for foreigners in Turkey.
I. Regulations:
Principles and procedures regarding the residence
permits and visa requirements are regulated under the Law on Foreigners and
International Protection (“Foreigners Law”). This law also covers the
scope and application of the protection for the foreigners seeking such
protection from Turkey. On the other hand, the procedures regarding the work
permit applications are regulated under the International Labor Force Law (“Work
Permit Law”) which has been enacted in 2016.
II. Visa Requirements:
Foreigners Law stipulates that the foreigners
who intend to stay in Turkey up to ninety (90) days are required to obtain a
visa, stating the purpose of their visit, from the Turkish consulates in the
foreigner’s country of nationality or residence. There are certain visa exceptions
granted through the bilateral agreements and/or by the decree of council of
ministers. The law also provides that the holders of a valid residence or work
permit are exempt from the visa requirement.
III. Residence Permits:
The foreigners who intend to stay in Turkey
more than ninety (90) days are required to obtain a residence permit. It should
be noted that the residence permit will become invalid unless it is used within
six (6) months from the issuance. There are also certain exemptions provided
for the requirement of obtaining a residence permit.
The types of the residence permits listed
under the Foreigners Law are i) short-term residence permits, ii) family
residence permits, iii) student residence permits, iv) long-term residence
permits, v) humanitarian residence permits, and lastly vi) residence permits
for the sufferers of human trafficking. The Foreigners Law stipulates different
qualification standards for each type of the residence permit.
The applications for the residence permit are
submitted to the consulates in the foreigner’s country of nationality or
residence. Pursuant to the Foreigners Law, the applications for the residence
permit shall be concluded within ninety days of application. Nevertheless, the
authorities are entitled to delay the evaluation of the application until the
missing documents, if any, are completed.
Even though, in principle, the residence
permit applications must be submitted to Turkish consulates in the foreigner’s
country of nationality or residence, certain residence permit application may
be made in Turkey. Accordingly, foreigners who are applying for student
residence permits, long-term residence permits, humanitarian residence permits
and residence permits for the sufferers of human trafficking may submit their
applications in Turkey.
The applications for the renewal of the
residence permits must be made prior to sixty (60) days of its expiration.
Foreigners Law also regulates that the work
permits or the documents regarding the confirmation of exemptions will be
deemed as residence permits and the foreigners will be charged for residency as
well for the time of work permit.
IV. Work Permits:
As stated above, the procedures and principles
regarding the work permits are regulated under the International Labor Force
Law, which has entered into force in 2016, abolishing the Law on the Work
Permits of Foreigners. The Work Permit Law also covers the principles in
determining a policy regarding international labor force. This policy shall be
taken into consideration in the evaluation of work permit applications.
Foreigners can submit their work permit
applications personally as well as through authorized intermediary
organizations. The applications may be made directly to the Ministry of Labor
and Social Security or the consulates located in the foreigner’s country of
nationality or residence. The applications will be evaluated and concluded
within thirty (30) days from the application date as long as all the necessary
documents and information are submitted.
The Work Permit Law stipulates that the
foreigners who will work in health and education services must obtain a
preliminary permit as these sectors require professional competence. This
preliminary permit is also required for the renewal of work permits.
The types of work permits are listed in the
Work Permit Law as i) work permits for definite period, ii) work permits for
indefinite period and iii) other types of work permits.
A work permit for a definite period will be
granted for only one (1) year at most, provided that the length of the work
permit does not exceed the time of the foreigner’s employment contract. In case
of a renewal, the work permit may be granted for two (2) years at most for the
first renewal application and for three (3) years at most for the following
renewal applications. It must be noted that the work permit applications for
the works under different employers will not be considered as renewal
applications.
The work permits for indefinite period may be
granted to the foreigners who holds a long-term residence permits or obtained
work permits for at least eight (8) years. The application for a work permit
for indefinite period may still be refused even though the foreigner meets
these requirements.
Other types of work permits consist of the
work permits granted for the shareholders and managers of commercial companies.
Accordingly, it is stipulated that i) foreigners who are both manager and
shareholder of a limited company, and ii) foreigners who are both a member of
the board and shareholder of a joint stock company are entitled to obtain a
work permit.
Apart from those regulations, the Work Permit
Law and the Regulation on the Turquoise Card provides an opportunity for
foreigners to obtain a residence and work permit for indefinite period.
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