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Work Permit

Work Permit

Freedom to Work

To provide an accurate answer to the question "How to obtain a work permit," it is first necessary to define the concept of freedom to work. This right can be described as “an individual’s freedom to engage in employment, initiate a business venture, or practice a profession or occupation” (Berki, Ergüney, 1963).

Article 23 of the Universal Declaration of Human Rights further guarantees this right:

  • Everyone has the right to work, to choose their employment freely, to work under just and favorable conditions, and to be protected against unemployment.

  • Everyone, without any discrimination, has the right to equal pay for equal work.

  • Everyone who works has the right to just and favorable remuneration ensuring a dignified existence for themselves and their family, supplemented, if necessary, by other forms of social protection.

  • Everyone has the right to form and join trade unions to protect their interests.

The Right to Work in Turkish Law

Before explaining how to obtain a work permit or the nature of a work visa, it is essential to refer to the legal foundations of the right to work under Turkish Law.

Article 48 of the Constitution of the Republic of Turkey, titled “Freedom to Work and Contract,” states:

“Everyone has the freedom to work and conclude contracts in the field of their choice. Establishing private enterprises is free. The State shall take measures to ensure that private enterprises operate in accordance with national economic requirements and social objectives, and function in security and stability.”

This provision affirms that the freedom to work applies to all individuals, regardless of nationality.

Additionally, the Labor Law No. 4857 contains no provision restricting employment based on citizenship. Therefore, foreign nationals may, as a rule, work in Turkey as employees (Ergin, 2007).

Article 49 of the Constitution, titled “Right and Duty to Work,” provides:

“Working is the right and duty of everyone.”

Furthermore, Article 18, titled “Prohibition of Forced Labor,” states:

“No one shall be forced to work. Forced labor is prohibited...”

This explicitly prohibits forced labor and ensures that foreign nationals, like Turkish citizens, are protected under this framework and may work legally in Turkey through appropriate work visa and permit procedures.

How to Obtain a Work Permit?

When answering the question “How to obtain a work permit?”, it is first necessary that foreigners have entered Turkey in accordance with legal procedures. This is a prerequisite for applying for a work visa. If this condition is not met, a work visa cannot be obtained.

Evaluation of the Work Permit

How is a work permit obtained? Which ministry issues work permits? The answers to these questions are found in the International Labor Force Law No. 6735. According to this law, the employment of foreigners is subject to permission, and this permission is granted by the Ministry of Labor and Social Security.

Article 7, paragraph 4 of Law No. 6735:

“Work permit applications are evaluated in accordance with the international labor force policy.”

Therefore, the application must comply with international labor force policies for a permit to be issued. If the application meets the criteria, the applicant may be granted a work visa.

Definition of a Work Permit

According to Article 3(c) of Law No. 6735:

“A work permit is an official document issued by the Ministry, which grants the foreigner the right to work and reside in Turkey during its validity period.”

This permit is mandatory for employment. In fact, Article 6, paragraph 2 of the same law states:

“It is prohibited for foreigners covered under this law to work or be employed in Turkey without a work permit.”

Thus, obtaining a work visa is compulsory for legally working in Turkey.

Exception to the Work Permit Requirement

An exception is provided under Article 6, paragraph 3 of the same law:

“Foreigners who are stated in other laws or in bilateral or multilateral agreements or international treaties to be able to work without a work permit, may work or be employed in Turkey without obtaining a permit under this law.”

Authority for Work Permit Applications

To obtain a work visa, an application must first be submitted. This can be done either from within Turkey or abroad.

According to Article 7, paragraph 1 of Law No. 6735, titled “Work Permit Application and Evaluation”:

“Work permit applications are made directly to the Ministry within the country, or to the Turkish embassies or consulates in the foreigner’s country of citizenship or legal residence. Applications submitted abroad are forwarded to the Ministry by the respective Turkish missions.”

Accordingly:

  • Domestic applications must be submitted directly to the Ministry of Labor and Social Security.

  • International applications must be made via Turkish embassies or consulates abroad.

Additional provisions in the same paragraph include:

  • Applications can be submitted through authorized intermediary institutions.

  • Applications for extension of work permits must be submitted no later than 60 days before the permit expires, and strictly before the expiration date.

  • Applications submitted after the expiration date will be rejected.

Evaluation Process

  • Applications are evaluated in accordance with the international labor force policy.

  • When necessary, opinions from relevant public institutions, agencies, or professional chambers may be requested.

  • Evaluation criteria are determined in line with the decisions of the Advisory Board for International Labor Force Policy.

  • If information or documents are missing, the evaluation is postponed for up to 30 days.

  • If deficiencies are not corrected within this period, the application is rejected.

  • If all documents are complete, the evaluation is finalized within 30 days at the latest.

Intermediary Institutions and Applications from Abroad

Work permit applications can be submitted individually or through authorized intermediary institutions. In this context, private entities authorized by the Ministry are entitled to file applications on behalf of foreigners.

According to Article 12, paragraph 2 of Law No. 6735:

“A foreigner who has been granted a work permit based on an application made from abroad must enter Turkey within six months from the date the permit becomes effective. If the foreigner does not arrive in Turkey within this period, the work permit shall be cancelled.”

For this reason, foreigners who apply from abroad must enter Turkey within six months after their permit becomes valid. Otherwise, the permit will be rendered invalid, and a new application will be required.

Application Authority: Applications to the Ministry of Foreign Affairs

Although the Ministry of Labor and Social Security is the main authority for work permit applications, certain groups may exceptionally submit their applications to the Ministry of Foreign Affairs. This situation is regulated in Article 14 of the International Labor Force Law No. 6735, titled “Applications to the Ministry of Foreign Affairs”:

“Foreign nationals employed at schools, cultural institutions, and religious institutions affiliated with diplomatic and consular missions of foreign countries in Turkey may work:

  • (a) Without a work permit, if they are employed at affiliated institutions;

  • (b) With a work permit, if they are employed at institutions not considered affiliated within the scope of the Vienna Convention on Diplomatic Relations of April 18, 1961, and the Vienna Convention on Consular Relations of April 24, 1963.”

In addition:

“Spouses, children, and other close relatives—defined based on reciprocity or bilateral agreements—of diplomatic staff, consular officers, administrative and technical staff, and consular service staff of foreign countries’ diplomatic and consular representations in Turkey, as well as those working in international organizations in Turkey:

  • (a) May work with a work permit, unless exempt under this Law, relevant bilateral agreements, or legislation;

  • (b) Foreigners working in their private service may work under work permit exemption.

However, applications for work permits or exemptions by foreigners mentioned in paragraph (b) of the second clause who wish to work for non-equivalent employers from within Turkey shall not be accepted.”

Applications falling under this article must be submitted to the Ministry of Foreign Affairs.

Applications deemed appropriate by the Ministry of Foreign Affairs are then forwarded to the Ministry of Labor and Social Security.

A positive opinion from the Ministry of Interior is a mandatory element for the application to be processed.

What Is the Preliminary Permit Procedure in the Work Visa Process?

One of the frequently asked questions is how to obtain a work permit in the fields of health, education, or R&D services. For foreigners intending to work in these sectors, a preliminary permit procedure is applied in order to evaluate their qualifications.

Article 8 of the International Labor Force Law No. 6735, titled “Preliminary Permit”, regulates this matter:

“For foreign nationals intending to work in professional fields such as healthcare and education, obtaining a preliminary permit is mandatory before their work permit applications can be evaluated.

The Ministry of Health is authorized to grant preliminary permits for health services;

The Ministry of National Education is authorized for educational services.

The list of professions requiring a preliminary permit is determined by the Ministry of Labor and Social Security in consultation with the relevant ministries.”

Therefore, foreigners who plan to work in the health or education sectors must first obtain a preliminary permit from the relevant ministry. Work permit applications will not be processed without this permit.

Assessment Criteria for Foreigners with Preliminary Permits

When evaluating the work permit applications of foreigners who have obtained preliminary permits, Article 9(1)(d) of Law No. 6735 is not applied.

Pursuant to Article 34 of Higher Education Law No. 2547, foreigners who will be employed as academic staff are granted work permits by the Ministry of Labor and Social Security, based on a preliminary permit issued by the Council of Higher Education (YÖK).

In this context, for academic staff:

  • Subparagraphs (f), (g), and (ğ) of Article 9 remain applicable.

  • Paragraphs 4, 5, and 6 of Article 9 also remain valid.

  • However, paragraph 1 of Article 9 does not apply.

Additionally, applications for the extension of work permits are also subject to a renewed preliminary permit from either the relevant ministry or the Council of Higher Education.

Under the Law No. 5746 dated February 28, 2008, on the Support of Research, Development, and Design Activities, and its related legislation, work permit applications for foreigners who will be employed as R&D personnel in companies holding an R&D Center Certificate will only be evaluated if there is a positive opinion from the Ministry of Industry and Technology.

In Summary:

  • For health services, a preliminary permit from the Ministry of Health is required.

  • For education services, a preliminary permit from the Ministry of National Education is required.

  • For R&D personnel, a positive opinion from the Ministry of Industry and Technology is mandatory.

Reasons for Rejection in Work Visa Applications

One of the most important aspects to consider when applying for a work visa is the reasons for rejection. If the application is rejected, a visa will not be granted and the foreign national will not be allowed to work in Turkey.

Article 9 of the International Labor Force Law No. 6735, titled “Rejection of Work Permit Applications”, explicitly sets out the reasons for refusal:

An application shall be rejected on the following grounds:

a) Applications that are not in compliance with international labor force policies.

b) Applications made with false or misleading information or documents.

c) Applications that fail to provide sufficient justification for employing a foreign national.

ç) Applications for professions or occupations that are legally reserved for Turkish citizens under other laws.

d) Applications for foreign individuals who are deemed unqualified or lacking in expertise.

e) Applications that do not meet the evaluation criteria determined by the Ministry.

f) Applications for foreigners who fall under Articles 7, 15, or 54 of Law No. 6458, as reported by the Ministry of Interior.

g) Applications concerning foreigners whose employment in Turkey is deemed objectionable in terms of public order, public safety, or public health.

ğ) Applications for nationals of countries that Turkey does not recognize or with which it has no diplomatic relations, unless a positive opinion from the Ministry of Foreign Affairs is obtained.

h) Applications that are not submitted within the legal timeframe or where deficiencies are not corrected.

Individuals seeking to obtain a work permit must carefully consider these grounds for rejection and ensure that their applications are complete, legally compliant, and meet all necessary qualifications.

Types of Work Permits

To accurately answer the question “How is a work permit obtained?”, it is first necessary to determine which type of work permit will be applied for, as the application requirements differ depending on the type.

Under the International Labor Force Law, work permits are classified into five main categories:

  • Temporary Work Permit
  • Permanent Work Permit
  • Independent Work Permit
  • Work Rights for Turquoise Card Holders
  • Exceptional Work Permit

Temporary Work Permit

A temporary work permit is the initial permit granted to a foreign national allowing them to work in Turkey for a specific employer and for a limited duration.

According to Articles 10(1) and 10(2) of the International Labor Force Law:

“If the application is positively evaluated, the foreigner is granted a work permit valid for a maximum of one year on the first application, provided that the employment does not exceed the duration of the work or service contract and is restricted to a specific employer and workplace.
For the first extension application with the same employer, a maximum of two years is granted; for subsequent extensions, a maximum of three years is allowed. However, applications made for different employers are considered as initial applications and granted for a maximum of one year.”

Therefore:

  • On the first application, a maximum period of 1 year is granted.

  • For extensions with the same employer, up to 2 years may be granted.

  • On further extensions, the period may be extended up to 3 years.

  • Changing employers requires a new temporary work permit application, treated as a new initial application.

Permanent Work Permit

A permanent work permit allows a foreign national to work in Turkey without any time limitation.

According to Articles 3 and 10 of the International Labor Force Law, the following individuals may apply:

  • Foreign nationals who hold a long-term residence permit in Turkey.

  • Foreigners who have legally and continuously worked in Turkey under a work permit for at least eight years.

Those who meet these conditions are eligible to apply for a permanent work permit.

Independent Work Permit

An independent work permit authorizes a foreign national to operate as an employer or self-employed individual in Turkey.

Under Articles 3 and 10 of the International Labor Force Law, the following may qualify:

  • Foreigners who are partners and directors in limited liability companies.

  • Foreign nationals who are members of the board of directors in joint-stock companies.

  • Foreigners who are general partners in partnerships limited by shares.

Additionally, foreign nationals in regulated professional occupations may also apply for an independent work permit, provided they meet the special requirements specified in other relevant laws.

Evaluation criteria include:

  • Educational background

  • Professional experience

  • Contribution to science and technology

  • Impact of the investment or activity on Turkey’s economy and employment

  • Capital share (in case of company partnership)

  • Recommendations of the Advisory Board for International Labor Policy

The independent work permit may be issued without a time limitation, but the Ministry has the discretion to grant it for a specific duration.

Employment of Turquoise Card Holders

Questions such as “Are Turquoise Card holders required to obtain a work permit?” or “How does one work with a Turquoise Card?” frequently arise in the context of foreign nationals’ employment processes in Turkey.

What Is the Turquoise Card?

The Turquoise Card is defined in Article 3 of the International Labor Force Law as follows:

“A document granting a foreign national the right to work in Turkey indefinitely; and, in accordance with legal provisions, granting the spouse and dependent children the right to reside.”

The Turquoise Card is a special status document designed to attract qualified foreign labor to Turkey. With this card, foreign nationals obtain the right to work indefinitely, while their family members are granted residency rights (EKŞİ, 2016).

Scope and Conditions of the Turquoise Card

According to Article 11 of the International Labor Force Law:

“In line with international labor force policy, the Turquoise Card may be granted to foreigners whose application is deemed suitable based on criteria such as:

  • Educational background,

  • Professional experience,

  • Contribution to science and technology,

  • The economic and employment impact of their activities or investment in Turkey.”

Key Features of the Turquoise Card

  • Initially issued with a 3-year transition period under a temporary status.

  • During the transition, the Ministry may request additional information or documents from the foreigner or their employer.

  • If an application is submitted at least 180 days before the end of the transition period, the transition status is lifted and the card becomes permanent.

  • If no application is submitted within the specified time, the card is cancelled.

  • The cardholder’s spouse and children are issued a document that substitutes a residence permit.

  • The Turquoise Card grants the same rights as an indefinite work permit.

Who Is Considered a Qualified Foreigner?

Individuals considered qualified foreigners eligible for the Turquoise Card include:

  • Those with internationally recognized academic achievements,

  • Individuals prominent in strategic sectors such as science, industry, or technology,

  • Persons who contribute, or are projected to contribute, to the Turkish economy through exports, employment, or investment.

Foreigners under temporary protection status are not eligible for the Turquoise Card.

Is a Work Permit Required?

No. Turquoise Card holders are not required to apply for a separate work permit. The Turquoise Card directly confers the right to work indefinitely, eliminating the need for any additional permit applications.

Conclusion

The Turquoise Card is a strategic tool used by Turkey to attract highly qualified foreign labor. Applications are assessed based on an individual’s past achievements, potential contributions, and relevance in strategic fields. Holders of the Turquoise Card enjoy the full rights of an indefinite work permit and are legally permitted to work in Turkey.

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Exceptional Work Permit

What Is an Exceptional Work Permit?

An exceptional work permit is a special authorization granted to foreign nationals who meet specific social, economic, or cultural criteria. Unlike standard work permits, not all general application conditions are required, as the individual’s qualifications are considered exceptional circumstances.

Legal Basis

The exceptional work permit is regulated under Article 16 of the International Labor Force Law No. 6735, and the criteria for implementation are determined based on the international labor force policy set by the Ministry.

Who Can Obtain an Exceptional Work Permit?

The following groups may be granted an exceptional work permit based on their special qualifications and circumstances:

Qualified Labor Force

  • High level of education

  • High income level

  • Professional experience

  • Contributions to science and technology

Qualified Investors

  • Contributions to science and technology

  • Level of investment and exports

  • Potential to generate substantial employment in the Turkish economy

Project-Based Foreigners

  • Foreign nationals employed in a specific project in Turkey for a limited duration by their employer

Foreigners of Turkish Descent

  • Individuals identified as being of Turkish descent by the Ministry of Interior or the Ministry of Foreign Affairs

Citizens of the Turkish Republic of Northern Cyprus (TRNC)

Citizens of European Union (EU) Member States

Persons Under International Protection

  • Applicants for international protection

  • Conditional refugees

  • Beneficiaries of temporary protection

  • Stateless individuals

  • Victims of human trafficking (those engaged in a protection program)

Foreigners Married to Turkish Citizens

  • Foreign spouses who continue to reside in Turkey within the framework of a valid marriage

Personnel Without Diplomatic Immunity

  • Employees working at foreign state missions or international organizations in Turkey who do not hold diplomatic immunity

Internationally Recognized Individuals

  • Foreign nationals who have achieved notable success in science, culture, arts, or sports, and intend to engage in related activities in Turkey

Cross-Border Service Providers

  • Individuals who are not resident in Turkey but offer cross-border services within its territory

Exemptions from General Requirements

For these individuals, exemptions may be granted from the general conditions listed in Articles 7, 9, and 10 of the law.

Summary

The exceptional work permit is a privileged authorization for foreign nationals who can contribute to Turkey’s international labor strategy due to their special qualifications. It is not universally applicable, but provides a streamlined application process and exemptions for specified individuals and groups.

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