1. Introduction
Alongside the global and regional transformations experienced in international migration movements, significant structural changes have also occurred within Turkish foreigners law. Particularly following the entry into force of Law No. 6458 on Foreigners and International Protection, the necessity arose to restructure the legislation governing the procedures and principles concerning the employment of foreigners in Türkiye in line with contemporary needs. Within this framework, the International Labour Force Law No. 6735 was enacted, while Law No. 4817 on Work Permits of Foreigners, which had long remained in force, was repealed.
The principal objective of the new regulation is to establish a legal framework for the determination, implementation, and supervision of policies concerning the international labour force, as well as for the procedures and principles relating to work permits and work permit exemptions to be granted to foreigners. In addition, the regulation aims to systematically govern the distribution of authority, administrative responsibilities, and the rights and obligations pertaining to foreign labour.
The scope of application of the Law has been drafted rather broadly. Foreigners applying to work or actually working in Türkiye; individuals seeking vocational training under an employer; persons present in Türkiye for internship purposes; cross-border service providers rendering temporary services; and natural and legal persons employing foreigners are all included within the scope of the Law. Furthermore, foreigners exempted from the work permit requirement are likewise covered by the regulation.
One of the most fundamental concepts underlying the International Labour Force Law is the “international labour force policy.” In determining such policy, factors including international labour mobility, regional developments, changes in the labour market, economic conditions, development plans, international treaties to which Türkiye is a party, bilateral relations, as well as considerations of public order, public security, and public health are taken into account.
Below, the principal rules governing foreigners’ acquisition of the right to work in Türkiye and the procedures relating to work permits under the applicable legislation shall be examined in detail.
2. Restrictions in the Field of Employment
The right of foreigners to work in Türkiye is not unlimited and may be restricted in accordance with certain criteria. Work permits may be regulated on a temporary basis with respect to the agricultural, industrial, and service sectors, certain professions or lines of business, or specific geographical regions. In determining such restrictions, the condition of the labour market, sectoral needs, and economic circumstances play a decisive role.
Furthermore, certain professions and fields of activity are reserved exclusively for Turkish citizens. Consequently, it is legally impossible for foreigners to engage in such professions. Occupations and business sectors closed to foreigners include dentistry, pharmacy, veterinary medicine, advocacy, notary services, responsible directorship in private hospitals, private or public security services, customs consultancy, and tourist guiding. In addition, fishing within territorial waters, diving, captaining, engine operation, crewing, and various maritime activities may only be carried out by Turkish citizens.
3. Fundamental Principles Regarding Work Permits
3.1. Authority and Obligation Concerning Work Permits
A work permit is an official authorization document issued by the Ministry of Labour and Social Security on the basis of the international labour force policy, granting the foreigner the right to work and reside in Türkiye.
Except for those exempted from obtaining a work permit pursuant to international treaties to which Türkiye is a party or pursuant to statutory provisions, foreigners intending to work in Türkiye are required to obtain a work permit.
In practice, the question of whether foreigners holding the status of shareholder or member of the board of directors are additionally required to obtain a work permit has long been debated. The International Labour Force Law has expressly regulated this issue. Accordingly, managers who are shareholders in limited liability companies incorporated pursuant to the Turkish Commercial Code No. 6102, members of the board of directors who hold shareholder status in joint stock companies, and managing general partners in limited partnerships divided into shares may conduct their activities upon obtaining a work permit.
4. Types of Work Permits
4.1. Fixed-Term Work Permit
Where a work permit application is positively evaluated, the initial permit granted shall be issued for a maximum period of one year, provided that such period does not exceed the duration of the employment or service contract. In the event that employment under the same employer continues, the first extension application may result in an extension of up to two years, while subsequent extensions may be granted for periods of up to three years.
Applications submitted for the purpose of working under a different employer are regarded as initial applications. Although the Law does not expressly designate this category, in practice this type of authorization is referred to as a “fixed-term work permit.”
4.2. Indefinite Work Permit
Foreigners holding a long-term residence permit in Türkiye or having legally worked in Türkiye for at least eight years under a valid work permit may apply for an indefinite work permit.
However, the fulfilment of these conditions does not automatically entitle the applicant to obtain such permit. The administration retains discretionary authority to evaluate the application independently. Foreigners holding an indefinite work permit may benefit from the rights afforded under the long-term residence permit regime.
4.3. Independent Work Permit
Foreign professional practitioners intending to work in Türkiye independently and on their own behalf may obtain an independent work permit.
Professional occupations are fields of activity requiring specialized knowledge, advanced education, adherence to ethical standards, and continuous professional development. Accordingly, when evaluating an application for an independent work permit, factors such as the foreigner’s educational background, professional experience, scientific and technological contribution, and economic impact are taken into consideration. Where the foreigner is also a company shareholder, the amount of share capital held likewise constitutes one of the evaluation criteria.
In addition, supplementary evaluation criteria may be determined by the Ministry in line with the recommendations of the International Labour Force Policy Advisory Board.
4.4. Turquoise Card
One of the most remarkable innovations introduced by the International Labour Force Law is the “Turquoise Card” scheme.
The Turquoise Card is granted to individuals who have achieved international success in academia; foreigners possessing activities of strategic importance for Türkiye in the fields of science, technology, or industry; and qualified foreigners making significant contributions to the national economy through investment, exportation, or employment capacity.
In assessing applications, due consideration is given to the foreigner’s educational qualifications, professional experience, scientific contributions, investment capacity, and economic impact. Special criteria determined by the Ministry are likewise taken into account.
Under the Turquoise Card system, the initial three years are regarded as a “transition period.” During this period, the Ministry may request information and documentation from either the foreigner or the employer regarding the relevant activities. Upon successful completion of the transition period, it becomes possible to acquire permanent status. Nevertheless, a separate application by the foreigner is required for this purpose. Such application must be submitted prior to the expiration of the transition period; otherwise, the card shall lose its validity.
Foreigners under temporary protection status may not benefit from the Turquoise Card system.
5. Work Permit Exemption
Under Turkish law, certain foreigners are exempted from the obligation to obtain a work permit.
Members of the board of directors of joint stock companies who do not reside in Türkiye, shareholders who do not hold managerial positions in other companies, and cross-border service providers whose activities do not exceed a specified duration may benefit from work permit exemptions.
In addition, the following persons are also exempt from the work permit requirement:
- Foreigners employed in schools, cultural institutions, and religious organizations affiliated with diplomatic and consular missions of foreign states in Türkiye;
- Diplomatic personnel, consular officers, and administrative and technical staff serving in diplomatic missions;
- Foreigners employed in the private service of persons working within international organizations operating in Türkiye.
Although a work permit exemption is not considered a classical type of work permit, it remains subject to certain application procedures and documentary requirements. Furthermore, periods spent under exemption status are not taken into account in the calculation of eligibility for long-term residence permits or indefinite work permits.
Applications may be submitted domestically to the Ministry of Labour and Social Security or abroad to the embassies or consulates-general of the Republic of Türkiye.
6. Application and Evaluation of Work Permits
6.1. Application Procedure
Applications for work permits may be submitted either from within Türkiye or from abroad. Domestic applications are filed directly with the Ministry, whereas applications from abroad are submitted to Turkish foreign missions located in the country of which the foreigner is a citizen or in which the foreigner lawfully resides.
In evaluating applications, the international labour force policy, the opinions of relevant public institutions, and the work permit scoring system are taken into consideration. As a rule, the evaluation process is completed within thirty days.
For certain categories of foreigners, applications may also be submitted through the Ministry of Foreign Affairs. This procedure is particularly applicable to foreigners connected with diplomatic missions or international organizations.
Foreigners to be employed within the scope of the Free Zones Law No. 3218 shall submit their applications through the Ministry of Trade.
6.2. Preliminary Authorization System
In certain professional sectors, obtaining a favourable opinion from the relevant authorities prior to the issuance of a work permit is mandatory. This practice is referred to as the “preliminary authorization” system.
Accordingly, favourable opinions must be obtained from the Ministry of Health for foreigners to be employed in the healthcare sector; from the Ministry of National Education for those working in the field of education; from the Council of Higher Education for academic personnel; and from the relevant Ministry for foreigners employed in research and development centres.
The requirement of preliminary authorization applies not only to initial applications but also to applications for the extension of work permits.
6.3. Rejection of Applications
The Ministry of Labour and Social Security may reject work permit applications where certain conditions are present.
The principal grounds for rejection include:
- Contradiction with Türkiye’s labour force policies;
- Submission of forged or misleading documents;
- The absence of justification for employing a foreigner instead of a Turkish citizen;
- Requests to work in professions prohibited to foreigners;
- Lack of professional qualifications;
- Failure to satisfy the evaluation criteria;
- The existence of concerns regarding public order, public security, or public health;
- Failure to submit the application within the prescribed time or failure to complete missing documents.
Certain evaluation criteria are not applied with respect to foreign academic personnel. Owing to the special regulations governing higher education, this matter has been expressly stipulated in the Law.
6.4. Cancellation of Work Permits and Exemptions
Work permits and work permit exemptions may be cancelled by the Ministry under certain circumstances.
Grounds for cancellation include:
- Request by the foreigner or employer;
- Failure of the foreigner to enter Türkiye within six months from the commencement date of the permit;
- Expiration of the passport validity period;
- Use of the permit for purposes other than those for which it was granted;
- Termination of employment;
- Subsequent detection of forged documentation;
- The emergence of concerns relating to public order or public security;
- The foreigner’s prolonged stay outside Türkiye.
7. Exceptional Work Permit Practices
The International Labour Force Law provides for exceptional provisions concerning work permit procedures for certain categories of foreigners.
Within this framework, the following groups may benefit from exceptional work permit practices:
- Qualified labour force;
- Qualified investors;
- Foreigners working in project-based activities in Türkiye;
- Persons of Turkish descent;
- Citizens of the Turkish Republic of Northern Cyprus;
- Citizens of Member States of the European Union;
- Foreigners under international protection;
- Foreigners married to Turkish citizens;
- Employees of foreign missions who do not enjoy diplomatic immunity;
- Persons possessing internationally recognized achievements in science, art, or sports.
8. Employment of Foreign Personnel in Foreign Direct Investments
For the purpose of encouraging foreign direct investment in Türkiye, a simplified work permit system has been envisaged for foreigners holding the status of “key personnel.”
Senior executives serving in company management, personnel possessing critical importance with respect to the company’s technical knowledge and management processes, and authorized persons employed in liaison offices are evaluated within this scope.
9. Right of Foreign Students to Work
Associate degree, undergraduate, graduate, and doctoral students studying in Türkiye possess the right to work subject to certain conditions.
Associate degree and undergraduate students may obtain a work permit only after completing their first academic year. This requirement does not apply to postgraduate students.
Foreign students holding a work permit are not additionally required to obtain a residence permit.
Failure to apply for a work permit within one year should not be interpreted as resulting in the complete loss of the foreign graduate’s right to work. In such cases, applications are evaluated in accordance with the general provisions.
10. Right of Blue Card Holders to Work
The Blue Card issued to persons who were Turkish citizens by birth but renounced their citizenship upon obtaining permission to do so, as well as to their descendants up to the third degree, grants its holders the right to work in Türkiye without obtaining a work permit.
However, such persons may not be employed in principal and permanent public services subject to the public law regime. Nevertheless, they may work as employees, contracted personnel, or temporary personnel.
11. Working and Employing Foreigners Without a Work Permit
Under Turkish law, preventing the informal employment of foreigners constitutes an important matter of public policy.
Within this framework, supervisory authority has been vested in:
- Labour inspectors of the Ministry of Labour and Social Security;
- Inspectors of the Social Security Institution;
- Social security auditors.
In addition, law enforcement authorities and inspection officers of other public institutions are obliged to notify the Ministry of any unauthorized employment they detect.
Administrative fines are imposed both on foreigners found to be working without authorization and on employers employing such foreigners. Furthermore, deportation proceedings may also arise with respect to the foreigners concerned.
12. Online Application Procedure for Work Permits
Applications for work permits and work permit exemptions are carried out electronically.
Applications may be submitted through the e-Government system or via the website of the Ministry of Labour and Social Security. Except for independent work permits, applications are submitted through the employer or an authorized representative.
The electronic application process generally consists of the following stages:
- Fulfilment of the e-Government access requirements;
- Logging into the system;
- Creation of the employer registration;
- Entry of the foreigner’s information into the system;
- Uploading of documents and biometric photographs;
- Completion of the application through electronic signature.
Following the transition to the electronic system, the use of a Registered Electronic Mail (KEP) address has also become mandatory.
13. Documents Required for Work Permit Applications
In work permit applications, certain documents must be prepared both by the foreign employee and the employer.
The principal documents required from the foreigner are as follows:
- Employment contract;
- Copy of passport;
- Diploma or provisional graduation certificate;
- Biometric photograph;
- Residence permit document.
The documents to be prepared by the employer include:
- Turkish Trade Registry Gazette;
- Balance sheet and profit-loss statement;
- Certificate of activity;
- Preliminary authorization documents where required;
- Licences and operating permits.
In addition, special authorization documents obtained from the relevant authorities are also required in respect of private educational institutions, healthcare establishments, tourism enterprises, and research and development centres.
Pursuant to Article 15 of the Implementing Regulation, it is sufficient for the documents requested by the Ministry to be uploaded electronically through the system; there is no requirement for their physical submission.