Av. Ayşe Özge ÖZKURT

Work Permit

WHAT ARE THE TYPES OF WORK PERMITS?

A work permit is an essential authorization that every foreigner wishing to work in the Republic of Turkey must obtain. This is because it is illegal for a foreigner to work in any sector or workplace in Turkey without a work permit. This unlawful situation has been subject to certain sanctions by the legislator and is intended to be protected by an element of deterrence.

The concept of a work permit, regulated by Law No. 6735 on International Workforce, refers to an official document issued by the Ministry of Labour and Social Security based on international workforce policy, which grants the foreigner the right to work and reside in Turkey for its validity period.

Work permit applications are made directly to the Ministry within Turkey, or to the Republic of Turkey embassies or consulates in the country where the foreigner is a citizen or legally resides abroad. Work permit applications made abroad are forwarded to the Ministry by the Republic of Turkey embassies or consulates.

Work permits are issued in different types depending on various application conditions:

• Temporary Work Permit (Süreli Çalışma İzni): A foreigner is granted a work permit valid for a maximum of one year upon the initial application, provided they work in a specific job at a particular workplace belonging to a real or legal person, or a public institution or organization, or at workplaces in the same business sector, not exceeding the duration of the employment or service contract. If an extension application for the aforementioned permit period is positively evaluated, the foreigner is granted a work permit for a maximum of two years upon the first extension application, and for a maximum of three years upon subsequent extension applications, provided they remain with the same employer. However, applications made to work for a different employer are evaluated as initial applications.

• Permanent Work Permit (Süresiz Çalışma İzni): Foreigners who have a long-term residence permit in Turkey or have legally worked for at least eight years can apply for a permanent work permit. However, meeting the application conditions does not grant the foreigner an absolute right to obtain the permit. A foreigner with a permanent work permit benefits from all the rights provided by a long-term residence permit. As a rule, a foreigner with a permanent work permit benefits from the rights granted to Turkish citizens. A foreigner with a permanent work permit does not have the right to vote, be elected, or enter public service, nor does they have the obligation to perform military service.

• Independent Work Permit (Bağımsız Çalışma İzni): Independent work permits may be granted to professional foreigners, provided that special conditions specified in other laws are met. Foreigners who are company managers of limited companies, board members who are shareholders of joint-stock companies, or managing partners (komandite ortak) who are shareholders in limited partnerships with divided shares can work by obtaining an independent work permit. Independent work permits are issued for a limited duration.

• Turquoise Card (Turkuaz Kart): The "qualified foreigner" concept is central to the Turquoise Card application. In this context; those with internationally recognized achievements in the academic field, or those who have distinguished themselves in a field deemed strategic for our country in science, industry, and technology, or those who have made or are expected to make significant contributions to the national economy in terms of export, employment, or investment capacity, are considered qualified foreigners. In line with international workforce policy, based on education level, professional experience, contribution to science and technology, impact of their activities or investments in Turkey on the country's economy and employment, and recommendations from the International Workforce Policy Advisory Board, and according to the procedures and principles determined by the Ministry, Turquoise Cards are issued to foreigners whose applications are deemed appropriate. The Turquoise Card is initially issued with a three-year transition period. If the Turquoise Card is not cancelled during the transition period, the transition period annotation on the card is removed upon the foreigner's application, and a permanent Turquoise Card is issued. A foreigner holding a Turquoise Card benefits from the rights provided by a permanent work permit.