1 -- Temporary work permits
Unless stipulated by bilateral or
multilateral agreements to which Turkey is party, temporary work permits
are issued by the Labor Ministry for the duration of up to one year. In
doing so, the ministry considers the overall situation of the labor
market, developments in the work environment, conjectural economic changes
in employment, the validation period of the foreigner's residence permit
and the duration of the work in question.
Following the maximum one year of
employment, this type of permit may be extended upon request to three
years, with the condition of employment in the same profession and by the
same employer; and following the completion of three-year period, it may
once again be extended to six years with the condition of employment in
the same profession (the employer may be different this time).
Spouses or other dependents of foreigners
who have been working in Turkey may be granted a temporary work permit
provided that they, along with the foreigner himself, have been legal
residents in the country for five years without interruption. The duration
of the residency includes time spent studying, annual leave, sick leaves
and unemployment insurance; however, in this case, the foreigner in
question should not be a student. The foreigner's absence from Turkey for
a period less than six months does not annul the work permit.
Time spent outside Turkey does not count
toward working time; however, those who are sent abroad by the employer
and whose Social Security premiums have been paid by the Turkish Social
Security Authority (SSK) are entitled to count the time they spent abroad
toward employment. The residence of foreigners who failed to renew their
residence permits are discounted from work permits.
If necessary, compliance with the legal
residency conditions may be proven by a document obtained from security
authorities.
2 -- Permanent work permits
Permanent work permits, unless otherwise
stipulated by bilateral or multilateral agreements, are granted to
foreigners who have been in Turkey as legal residents for at least eight
years without interruption and as worker for at least six years.
Fulfillment of the condition sought with regard to residency is proven
through official documents obtained from relevant security directorates.
Likewise, fulfillment of the condition with regard to labor is proven
through documents obtained from relevant public institutions or
professional unions.
Study time does not count toward the
eight-year residency duration. However study times of dependents of
foreigners are exceptions. Nevertheless, in any case, foreigners who meet
the above conditions should not be students in order to be employed.
3 -- Permits to work independently
Foreigners seeking independent employment
whose five-year legal residency in Turkey without interruption can be
proved by official documents endorsed by security authorities are granted
independent work permits provided that the relevant public authorities and
professional unions find this employment to contribute to the economy.
A foreigner whose request is approved is
given a Document of Application for Independent Work, which remains in
effect for three months and grants the right to file an application to
initiate independent work with the ministry.
4 -- Exceptional work permits
Unless otherwise stipulated by bilateral or
multilateral agreements to which Turkey is party, foreigners referred
to in Article 8 of Law No. 4817 may be given work permits under more
flexible conditions. These include:
a- Foreigners who are married to a Turkish
citizen and live in Turkey with their spouse,
b- Foreigners who have been married to a
Turkish citizen for at least three years and lived in Turkey as legal
resident and their children. Non-Turkish citizens may also apply for a
work permit in exceptional cases provided that they are legal residents in
Turkey.
Those who have settled in Turkey by
purchasing real estate or made a substantial economic investment in Turkey
also fall into the same category. Foreigners in this category may prove
their status through the security directorate. Because Turkey does not
recognize permanent residence status for foreigners, those in this
category are considered foreigners who settled in Turkey.
c- Those who lost their Turkish citizenship
because of legal excuses or renounced their Turkish citizenship by their
own decision when choosing between different citizenships may be given
work permits in exceptional cases. Those in this category may prove their
status by the documents issued by Population and Citizenship Affairs
General Directorate.
Another case is foreigners born in or later
came to Turkey before the age of legal capacity as determined by his or
her own national legislation, or if stateless, by Turkish legislation, and
graduated from a higher education institution in Turkey.
d- Turkish-origin foreigners who are
considered immigrants, refugees or nomads under Settlement Law No. 2510,
but are not yet Turkish citizens,
e- Citizens of the EU and their spouses and
children who are not EU citizens,
f- Those who work for diplomat,
administrative and technical staff employed in foreign missions in Turkey
-- embassies and consulates -- and the representative offices of
international organizations based in Turkey, and spouses and children of
diplomats and administrative and technical staff employed in Turkey-based
embassies, consulates and international organizations within the framework
of the principle of reciprocity,
g- Foreigners who will arrive in Turkey for
scientific and cultural purposes of more than one month and for the
purposes of sporting activities of more than four months,
h- Foreigners who are employed by
ministries, public institutions and other relevant state authorities
acting under the power vested by the relevant legislation as company
partner, board member, general director, vice president, or other similar
positions for the purpose of service and goods procurement, fulfillment of
the conditions stipulated in a public tender or agreement or operation of
an establishment, may be granted an exceptional work permit.