In this article about work permits in Turkey, the conditions for obtaining work permits for workplaces and foreigners will first be examined, and then the special situations regarding work permits for foreigners with various statuses in Turkey will be discussed.

In order for foreigners’ work permit requests to be evaluated by the Turkish authorities, there are various lower-limit criteria that the applicant workplaces and foreigners must meet. It should be noted that the criteria in question are the minimum conditions that must be met for a work permit, and meeting these conditions does not mean that the work permit application will be successful. In other words, the administration has discretionary power regarding work permits.

Minimum Criteria That Applicant Workplaces and Foreigners Must Meet:[1]

• At least five Turkish Republics are present in the workplace where a work permit is requested. The employment of citizens is mandatory. If a work permit is requested for more than one foreigner in the same workplace, five T.R. Employment of citizens will be sought.

• If the foreigner requesting the permit is a company partner, the five-person employment requirement is required for the last six months of the one-year work permit to be issued by the Ministry.

• 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 its last year’s export amount must be at least 250,000 USD.

• Article 2 will not be applied in the permit requests of foreigners who will work in associations and foundations, and articles 1 and 2 will not be applied in the evaluation of work permit applications of foreigners who will work in the Turkish representative offices of foreign state airlines, in the education sector and in domestic services.

• The foreign company partner requesting permission must have a capital share of at least 20 percent, not less than 40,000 TL.

What is the Minimum Duration of a Residence Permit Required to Apply For a Work Permit?

Foreigners who have a residence permit valid for at least 6 months can apply for a work permit through the e-Permit system.

Can I Apply for a Residence Permit While a Work Permit is About to Expire?

A foreigner with a work permit can apply for a residence permit suitable for his/her purpose as of sixty days before the end of the work permit period and, in any case, before the work permit expires.[2]

Is It Necessary for a Foreigner with a Work Permit to also Obtain a Residence Permit?

The work permit or work permit exemption issued by the Ministry of Labor and Social Security replaces the residence permit. In other words, a foreigner who has a work permit or work permit exemption does not need to obtain a separate residence permit. Therefore, the date on which the work permit expires is the date on which the right to reside ends. In this case, the foreigner whose work permit has expired must extend the duration of his work permit or obtain a residence permit. Otherwise, it is considered to have violated the residence permit. However, it should be noted that the work permit held by Conditional Refugee, International Protection Applicant and foreigner with Temporary Protection status does not replace the residence permit.

Is It Necessary for Foreigners to Make a Separate Notification Regarding a Work Permit that Replaces a Residence Permit?

In accordance with Article 27 of Law No. 6458, foreigners who have a work permit that replaces a residence permit are obliged to apply to the Provincial Directorate of Immigration Management and register in the address registration system within 20 working days from the date of entry to Turkey.

If a Work Permit Becomes Invalid for Any Reason, Does That Also Invalidate the Residence Permit?

If a work permit or work permit exemption becomes invalid for any reason, the associated residence right also terminates. However, for foreigners who have a residence permit in Türkiye for any reason other than a work permit or work permit exemption, the residence permit remains valid even if the work permit or work permit exemption expires.

Can Foreigners with a Work Permit Study in Türkiye?

In order for a foreigner with a work permit to study in Türkiye, he must meet the conditions required for a student residence permit.[3] Foreigners who meet the conditions for a student residence permit can study in Turkey.

What are the Conditions for Foreign Students in Türkiye to Obtain a Work Permit?

Foreign students who receive formal education at a higher education institution in Türkiye can work, provided that they obtain a work permit. Foreign students studying at associate or undergraduate level can apply for a work permit only after completing their first year of education. In this case, foreign students who have a work permit can only work part-time. However, students enrolled in a graduate program are not required to complete their first year of education. Graduate students can apply for a work permit at any time during their education. The work permit given to foreign students does not terminate the rights provided to them by the student residence permit.

Can Foreigners with Temporary Protection Status Get a Work Permit?

Foreigners with Temporary Protection status can apply for a work permit or work permit exemption 6 months after the issuance of the temporary protection identity document.

Do Foreigners with Refugee or Subsidiary Protection Status Need to Obtain a Work Permit?

Foreigners with Refugee or Secondary Protection status may work independently or dependently upon obtaining the said status, provided that the provisions of the legislation regulating the professions in which they cannot operate are reserved. In addition, the Refugee or Secondary Protection Status Owner Identity Document replaces the work permit and this is stated on the ID.

Can an International Protection Applicant or a Foreigner with Conditional Refugee Status Obtain a Work Permit?

If the International Protection Applicant is a foreigner with Conditional Refugee status, he/she can apply for a work permit after 6 months have passed since the date he/she gained the status.

Are Foreign Athletes Required to Obtain a Work Permit?

The eligibility certificate that professional athletes and sports personnel receive from the Ministry of Youth and Sports provides them with work permit exemption for the duration of their contracts. Athletes who have a work permit exemption have the right to work and reside in Turkey within the scope of this exemption.

REFERENCE

T.R. Ministry of Labor and Social Security, Lower Limits for Work Permit Application, https://www.calismaizni.gov.tr/calisma-izni-hakkinda/degerlatma-kriterleri/

Law No. 6458 and Related Legislation

[1] T.R. Ministry of Labor and Social Security, Lower Limits for Work Permit Application, https://www.calismaizni.gov.tr/calisma-izni-hakkinda/degerlendirme-kriterleri/

[2] Regarding the types of residence permits that can be obtained: Par Hukuk, Residence Permit in Türkiye, https://par.av.tr/en/residence-permit-in-turkiye/

[3] For the necessary conditions for a student residence permit, see: Par Hukuk, Residence Permit in Türkiye, https://par.av.tr/en/residence-permit-in-turkiye/