Work Permits for Foreign Nationals in Türkiye and Cases of Exemption

A foreign national who wishes to work lawfully in Türkiye must, as a rule, obtain a work permit beforehand. This article summarises the types of work permit, the application process and the legal consequences that working without a permit may entail.

The legal framework: International Labour Force Law No. 6735

The basic regulation on the working life of foreign nationals in Türkiye is International Labour Force Law No. 6735, which entered into force in 2016. The Law aims to manage the employment of foreign nationals according to the needs of the labour market and, to that end, allows sectoral and regional policies to be set through the International Labour Force Policy Advisory Board. Under the Law, work permits are as a rule issued by the Ministry of Labour and Social Security and constitute a combined permit allowing the foreign national both to work and to reside in Türkiye.

Types of work permit

Law No. 6735 provides for different types of work permit according to need:

• Fixed-term work permit: granted for a specific workplace or business, valid for a maximum of one year on first application; on extension applications with the same employer this period may be increased in stages.
• Indefinite work permit: may be granted, where certain conditions are met, to foreign nationals who have resided in Türkiye with a lawful residence permit for at least eight years or who have at least six years of lawful employment. This permit is not limited to a particular employer or line of business.
• Independent work permit: may be granted to foreign nationals holding a lawful residence permit for at least five uninterrupted years in Türkiye, so that they may carry on a self-employed professional activity.
• Additional work permit documents: special schemes targeting qualified foreign labour, such as the Turquoise Card, are also regulated separately in the Law.

Application criteria

Certain quantitative criteria concerning the employer and the workplace are applied when work permit applications are assessed. The most important are:

• Quota requirement: as a general rule, the employer must employ a given number of Turkish citizens for each foreign employee to be engaged at the workplace; this ratio may vary according to the sector, the size of the workplace and the nature of the investment.
• Financial size of the company: the workplace concerned must meet the minimum thresholds laid down in the regulation as regards paid-in capital, gross sales revenue or export figures for the last year.
• Minimum wage criteria: depending on the foreign employee's job title (senior manager, engineer, specialist, intermediate staff, etc.), the salary must be a specified multiple of the minimum wage.
• Match between occupation and qualifications: the job description given in the application must be consistent with the foreign national's education and professional experience.

Situations covered by work permit exemption

The Work Permit Exemption Regulation creates exceptions to the obligation to obtain a work permit for certain occupational groups or short-term activities. The exemptions most often encountered in practice are:

• foreign artists taking part in stage performances, concerts or artistic events for a limited period;
• foreign athletes and technical staff participating in international sports events;
• foreign experts assigned to fairs, exhibitions and promotional events;
• foreign academics temporarily engaged in certain academic activities;
• foreign teaching staff working at higher education institutions in Türkiye who meet certain conditions.

Since even exempt activities are generally subject to a duty of notification or registration with the Ministry, it is important to assess whether the specific activity actually falls within the regulation before concluding that "no work permit is required".

The application process and common problems

Work permit applications are made, where the application is from abroad, to the Turkish consulate in the country of which the foreign national is a citizen or in which he or she is lawfully present, and, where made from within Türkiye, electronically through e-Devlet directly to the Ministry of Labour and Social Security. The problems most often encountered in practice include the workplace exceeding the quota limit, incomplete or incorrect financial statements, missing documents evidencing the foreign national's professional qualifications (diploma equivalence certificates, professional certificates), and failure to apply for an extension before the permit expires. Extension applications not made in time may expose both the foreign national and the employer to administrative sanctions.

Conclusion

Employing foreign nationals carries both operational and legal risks for employers. Choosing the right type of work permit, checking the quota and financial adequacy criteria carefully before applying, and correctly identifying activities that fall within an exemption are of great importance in avoiding administrative sanctions for both the employer and the foreign employee.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.