FOREIGNER WORK PERMIT - Kare Ticari Danışmanlık

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What is a Foreign Work Permit?

A work permit is an official document issued by the Ministry of Labor and Social Security that grants the foreigner the right to work and reside in Turkey within the validity period. Foreigners who work without a valid work permit or work permit exemption are subject to criminal and administrative action.

Does a work permit count as a residence permit?

Work permits or work permit exemptions issued pursuant to Law No. 6735 on International Labor Force shall replace residence permits pursuant to Article 27 of Law No. 6458 on Foreigners and International Protection. However, work permits issued to international protection applicants, conditional refugees and foreigners under temporary protection do not replace residence permits.

How to apply from Turkey?

Except for the residence permits issued for associate and undergraduate education in Turkey, employers may apply to the Ministry of Labor and Social Security for foreigners who have obtained a residence permit for at least “six months” for any reason and whose permit has not expired. Upon completion of the work permit application to be made online via the internet, the signed Application Form and petition must be submitted to the Ministry within 6 working days.

How to apply from abroad?

Foreigners make their first application for a work permit from abroad to the representative offices of the Republic of Turkey in their country of nationality or permanent residence. During this application, they submit the employment contract (or appointment/reassignment letter) signed with the employer in Turkey to the representative office. If the application is accepted, a reference number is given to the foreigner by the representative office. The employer or the employer’s representative in Turkey applies for a work permit by obtaining an e-government password from PTT and entering the system with the reference number in question. For applications made through our foreign representative office, it is obligatory for the employer in Turkey to make an electronic work permit application over the internet to employ the foreigner in question within 10 working days following the application made to our representative office and to submit the necessary documents to our Ministry within the same 10 working days. Since the foreigner is not present in Turkey, the employment contract with the wet signatures of the parties must also be sent separately.

The evaluation criteria determined by the Ministry of Family, Labor and Social Services for the objective and rapid finalization of the procedures regarding the work permit requests of foreigners are as follows

–At least five Turkish citizens must be employed in the workplace where the work permit is requested. If the foreigner requesting a work permit is a company partner, the employment requirement of five persons shall be sought for the last six months of the one-year work permit to be issued by the Ministry. In case a work permit is requested for more than one foreigner in the same workplace, employment of five Turkish citizens will be required for each foreigner after the first foreigner who is granted a work permit.

– The paid-in capital of the workplace must be at least 100,000 TL or the gross sales must be at least 800,000 TL or the last year’s export amount must be at least 250,000 USD.

– Article 2 shall not apply to work permit applications for foreigners working in associations and foundations, and Articles 1 and 2 shall not apply to the evaluation of work permit applications for foreigners working in the Turkish representative offices of foreign state airlines, the education sector and domestic services.

– The foreign shareholder of the company requesting permission must have a capital share of at least 20% and not less than 40.000 TL.

–The monthly wage declared by the employer to be paid to the foreigner must be at a level commensurate with the duties and competence of the foreigner.

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