Work Permit in Turkey

Turkey’s dynamic economy and strategic location offer significant opportunities for foreign professionals and investors. However, for a foreign national to legally work in Turkey, they must navigate a work permit process governed by the International Workforce Law No. 6735, which is full of technical details and requires meticulous follow-up. The slightest error or omission in the application can lead to serious legal and administrative sanctions for both the employee and the employer. In this guide, we will detail the different types of work permit in Turkey, such as temporary, permanent, independent, and the Turquoise Card; explain the application processes; list the required documents; and clarify why a lawyer is your most important safeguard in this complex journey.

The Right to Work for Foreigners and the Legal Framework

While the Turkish Constitution guarantees the right to work as a fundamental freedom, it also specifies that this right can be limited for foreigners by law. The primary legislation governing this area is the International Workforce Law No. 6735. The core principle of this law is clear: a foreigner who wishes to work in Turkey, either for an employer or independently, must obtain a valid “work permit in Turkey” or, in exceptional cases, a “work permit exemption certificate” before starting their job. Working without a permit can result in significant fines and deportation for the employee, as well as administrative fines for the employer.

What are the Professions Prohibited to Foreigners in Turkey?

Certain professions are reserved exclusively for Turkish citizens by specific laws. Foreign nationals, regardless of their qualifications, cannot practice these professions in Turkey. It is important to check if your intended field is on this list before starting an application.

The main professions prohibited to foreigners include:

• Healthcare Services: Dentistry, pharmacy, veterinary medicine, midwifery, nursing, and being a responsible manager in private hospitals.
• Legal Services: Law (attorney), notary public, customs brokerage.
• Security Services: Private or public security guard.
• Maritime and Cabotage: Captaining, engineering, crewing, diving, and other port and cabotage services within Turkish territorial waters.

Types of Work Permit in Turkey and Their Conditions

The type of work permit a foreigner can apply for depends on their qualifications, length of stay in Turkey, and how they intend to work. Each permit type has unique conditions and grants different rights.

• 1. Temporary Work Permit (For a Specific Employer) This is the most common type of permit for foreigners who will be employed by a specific company in Turkey.
  • Scope: It grants the right to work at a specific workplace and for a specific position.
  • Duration: It is granted for a maximum of 1 year on the first application. If the employment continues with the same employer, it can be extended for a maximum of 2 years on the first extension, and for up to 3 years on subsequent extensions.
  • Important Note: If the employee changes their employer or workplace, the current permit becomes invalid, and a new work permit application is mandatory.
• 2. Permanent Work Permit (For Long-Term Residents) This permit grants rights similar to those of Turkish citizens regarding employment and is available to foreigners who have legally resided and worked in Turkey for an extended period.
  • Who Can Apply: Foreigners who have held a continuous residence permit for at least 8 years or have a total of 8 years of legal work permit history in Turkey.
  • Advantages: It grants the right to work freely, without being tied to a specific employer. A permanent work permit also serves as an indefinite residence permit.
  • Rights: Holders enjoy the same social security rights as Turkish citizens but are excluded from political rights (voting, running for office) and the obligation of mandatory military service.
• 3. Independent Work Permit (For Self-Employed Individuals) This is designed for professional service providers, entrepreneurs, and company partners who wish to work on their own behalf in Turkey, without being tied to an employer.
  • Who Can Apply: Foreigners establishing a company in Turkey and acting as a managing partner, or self-employed professionals with proven expertise in their field.
  • Evaluation Criteria: The General Directorate of International Workforce meticulously evaluates the applicant’s level of education, professional experience, and the potential contribution of their business to Turkey’s economy and employment.
• 4. Turquoise Card (Privileged Permit for Highly Skilled Foreigners) Also known as Turkey’s “Green Card” program, the Turquoise Card is the most prestigious permit offered to high-level, qualified foreigners who can provide strategic contributions to the country.
  • Who Can Apply: Scientists with international achievements, renowned artists or athletes, qualified investors who will make significant investments or create substantial employment, and other highly skilled professionals.
  • Privileges: It grants the holder all the rights of a permanent work permit. Additionally, their spouse and dependent children also receive a residence permit. Its most significant advantage is that it provides a direct path to Turkish citizenship after a 3-year transition period.

Step-by-Step Foreign Work Permit Application Process

Here are list of step by step foreign work permit in Turkey.

• How to Apply from Abroad? (Standard Procedure)
  1. Consulate Application: The foreigner applies for a work visa at the Turkish Consulate or Embassy in their country of citizenship or legal residence.
  2. Employer’s Online Application: The foreigner receives a reference number from the consulate, which they forward to their employer in Turkey. The employer then uses this number to complete the main online application via the “Foreigners’ Work Permit Automation System.”
  3. Ministry Evaluation and Approval: The application is evaluated by the Ministry of Labour and Social Security.
  4. Visa Collection and Entry to Turkey: Upon approval, the foreigner collects the work visa from the consulate and must enter Turkey within 180 days.
• How to Apply from within Turkey? (For Residence Permit Holders) Foreigners who already hold a valid residence permit in Turkey with at least 6 months of validity remaining can apply from within the country. Note: Touristic residence permits are generally not eligible for this process. The employer makes the entire application directly through the online automation system using the foreigner’s Foreigner ID Number.

Rejection of Work Permit Applications and Appeal Process

An application may be rejected for various reasons, such as failing to meet legal criteria or submitting incomplete documents. A rejection is not the end of the road.

1. Appeal to the Ministry: The decision can be appealed to the Ministry of Labour and Social Security within 30 days of the notification of rejection.
2. Filing a Lawsuit: If the appeal to the Ministry is also rejected, an annulment lawsuit can be filed at the competent Administrative Court within 60 days.

The Critical Role of a Lawyer in the Work Permit Process

The work permit application process can be challenging for both the foreign employee and the employer due to its complex legislation and bureaucratic stages. An expert lawyer:

• Determines the Correct Permit Type and Strategy: Analyzes your profile to choose the most suitable permit type with the highest chance of approval.
• Perfects the Application File: Ensures all documents are complete, current, and legally compliant, eliminating the risk of rejection on procedural grounds.
• Follows Up and Expedites the Process: Actively follows up on your application with the Ministry, preventing bureaucratic delays.
• Defends Your Rights Against Rejection: Professionally manages the appeal and litigation processes in case of a rejection.

Conclusion: Start Your Career on a Solid Foundation

In conclusion, working legally in Turkey (work permit in Turkey) is a significant step in a foreign professional’s career, and it is essential that this step is taken on a correct legal footing from the very beginning. Given the complexity and risks of the process, obtaining professional legal support is the most important investment you can make to reach your goal quickly and safely. Contact us to start your career or investment in Turkey on a solid legal foundation. Aslan Duran Law and Mediation Office serves as a strong Turkish law firm.