Recent Changes in Turkish Laws Governing Immigration Procedures

Immigration Law:

Residence and Work Permits for Foreigners in Turkey

DA

B L

AW

FIR

MD

AB

LA

W F

IRM

INTRODUCTION

This publication has been prepared for informational purposes only. None of information contained in this publication shall constitute legal advice. For further information, please contact:

Mail: [email protected] Number: +90 212 234 44 25Web Site: www.dablawfirm.com

2

• The Law regarding Foreigners and International Protection(Law No:6458) has been published on the Official Gazettedated April 11, 2013 and numbered 28615. The purpose of thelaw is to regulate the principles and procedures regarding theresidence permits to be granted to the foreigners, visarequirements and the scope and implementation of theprotection to be provided to foreigners who seek protectionfrom Turkey.

• As per Article 11 of the Law regarding Foreigners andInternational Protection, foreigners intending to stay inTurkey up to 90 days shall obtain a visa stating the purpose ofthe stay. Such visa shall be issued by the consulates of theRepublic of Turkey in their country or legal residence. Theperiod of stay in Turkey provided by the visa or visaexemption shall not exceed 90 days within each period of 180days.

Dirik Akoglu Buhan Law Firm 3

• Moreover, further to Article 19 of the Law regardingForeigners and International Protection, foreigners whointend to stay in Turkey beyond the visa or visa exemptionperiod or more than 90 days are obliged to obtain aresidence permit to stay in Turkey. The residence permitshall become invalid if it is not used for the period of 6months.

• Therefore, in case a foreigner intends to stay in Turkeymore than 90 days within a period of 180 days, suchforeigner is required to obtain a residence permit from thecompetent authority in Turkey. Otherwise, administrativefines and other sanctions stipulated under the Lawregarding Foreigners and International Protection will be inquestion depending on the conditions of each violation.


• Residence permit applications shall be made to theconsulates of the Republic of Turkey in the country ofnationality or legal residence of the foreigner. Theevaluation of the relevant residence permit application shallbe concluded no later than 90 days.

• On the other hand, certain types of residence permitapplications listed under the Law regarding Foreigners andInternational Protection may be filed within Turkey such aslong term residence permits and student residence permits.


• With respect to the residence permit applications to bemade in Turkey, an online appointment shall be taken by theforeigner in order to apply to the authorized foreignersdepartment of the Police Headquarters. Accordingly, theapplication shall be evaluated once the required documentsare fully submitted to the relevant foreigners department.

• Kindly note that further to the Law regarding Foreignersand International Protection, governorates are authorized torefuse the residence permit applications filed in Turkey.However, currently in practice the General Directorate ofImmigration Management evaluates the applications.Refusal, non-renewal or cancellation of the application shallbe notified to the foreigner or his/her legal representative.


• As per Article 27 of the Law regarding Foreigners andInternational Protection, a valid work permit as well asWork Permit Exemption Confirmation Document shall beconsidered as a legal residence permit.

• The principles and procedures regarding the work permitsof the foreigners are regulated under the InternationalLabour Force (Law no: 6735) (the “Law”) which ispublished on the Official Gazette dated August 13, 2016and numbered 29800. This Law has abolished the LawRegarding Work Permits of the Foreigners (Law no: 4817).Although, the principles and procedures regarding the workpermits in Turkey are changed in 2016, such changes do notrestructure the work permit procedures.


• This Law covers real or legal entities who employforeigners and also foreigners who work or applies to workin Turkey, who receive or apply to receive vocationaltraining from an employer in Turkey, who want to work as atrainee and lastly who provide temporary services inTurkey. Work permit exemptions are also covered by thisLaw.

• Further to Article 4 of the Law, the Ministry of Labour andSocial Security (the “Ministry”) is authorized to determinea policy in relation to the international work force byconsidering the decisions of the International Labour PolicyAdvisory Board.


• International labour policy shall be determined byconsidering certain conditions such as developments inemployment, variations in the sectoral and economicconditions, development plans, economic, social andcultural relations with the country of nationality of therelevant foreigner and reasons of demand for theemployment of a foreigner instead of a Turkish citizen.

• Work permit applications may be submitted directly to theMinistry or to the Turkish diplomatic representatives ofTurkey in the foreigner’s country of origin or country oflegal permanent residence. Work permit applications mayalso be submitted by the authorized intermediary firm.


• Work permit applications in Turkey shall be madeelectronically and the required documents such as theapplication form shall be uploaded to the network of theMinistry. Once the electronic application is completed, thehard copies of the required documents shall be submitted tothe Ministry within 6 business days following the electronicapplication date.

• Applications regarding the renewal of work permits can bemade within 60 days before the expiration date of the workpermit. Any renewal applications submitted after theexpiration date shall be rejected.


• If the Ministry ascertains any outstanding document, theapplication shall be postponed and such postponement shallnot exceed 30 days except the force majeure. If theoutstanding documents are not provided within thepostponement period shall be rejected. The Ministry shallconclude the work permit applications in due form within30 (thirty) days as of the date of the application, providedthat all the application documents are complete.

• As per Article 8 of the Law, foreigners who will work inhealth and education services that requires professionalcompetency shall obtain a preliminary permit.


• There are certain types of work permits are regulated underthe Law: (i) definite term work permits, (ii) indefinite termwork permits and (iii) independent type of work permits.

• Work permit for a definite period shall be valid for one yearat the most. During the evaluation, the Ministry shallconsider the duration of residence permit and theemployment contract in addition to the situation of themarket, developments in the labour sector, sectorial andeconomic conjuncture changes.

• Moreover, the work permit may be renewed for maximumtwo years in the first renewal application and for maximumthree years in the following renewal applications.


• Foreigners who have obtained long term residence permitor who have legally worked for eight years in total mayapply for work permit with indefinite term.

• Independent type of work permits applications areevaluated within the scope of international labour policy byconsidering certain conditions such as foreigner’s educationlevel, occupational experience, contribution in science andtechnology, the impact of foreigner’s operations in Turkeyor investment on the national economy and employment.


• Additionally, a) managers of the limited companies whoalso have the shareholder status, b) board members of thejoint stock companies who also have the shareholder status,c) manager shareholders of the commandite companies,may work by obtaining work permit.

• In addition to above, a Turquoise Card is provided to theforeigners whose applications are approved in accordancewith the recommendations of the International LabourPolicy Advisory Board and the procedures and principlesdetermined by the Ministry by considering foreigner’seducation level, occupational experience, contribution inscience and technology, the impact of foreigner’s operationsin Turkey or investment on the national economy andemployment.


• Residence permit does not grant right to work in Turkey. Onthe other hand, work permits are also considered asresidence permits.

• Lastly, work permit exemptions, exceptions for work permitapplications, foreigners who are included in the scope ofinternational protection and foreign students are alsospecifically stipulated under the Law.

• New regulations specifying certain provisions are expectedto be issued in the near future.


KEY CONTACTS

Irmak Dirik

Founding Partner

E-mail:

[email protected]

Sezin Akoğlu Düzenli

Founding Partner

E-mail:

[email protected]

Melis Buhan

Founding Partner

E-mail:

[email protected]
