Work Permit For Foreigners in Turkey

 

This article aims to explain basic principles governing the acquisation of work permit for foreigners in Turkey. The article is committed to clarify relevant issue with questions and answers.

Is it required for foreigners to obtain work permit?

In case that there is no specific mutual agreements between related countries, work permits are required to be obtained in Turkey for foreigners.

What is the maximum duration of work permit which can be granted to foreigners?

Article 5 of Law on the work permits for foreigners states that “Unless otherwise provided in the bilateral or multi-lateral agreements to which Turkey is a party, working permission for a definite period of time is given to be valid for at most one year, taking into consideration the situation in the business market, developments in the labour life, sectorial  and economic  conjuncture changes regarding employment, according to the duration of residence permit of the foreigner and the duration of the service contract or the work, to work in a certain workplace or enterprise and in a certain job.

As regard to the article, it can be understood that the work permits can be maximum 1 year. On the other hand, Ankara Agreement between Turkey and EEC (Nowadays EU) implements EU citizens in Turkey and according to that agreement, EU citizens have exemptions from this provision.

Is it possible to extend 1 year duration work permit to 3 years?

After the legal working duration of one year, duration of the working permit may be extended up to three years, on condition of working in the same workplace or enterprise and in the same job.

Is it possible to entend work permit duration to 6 years?

At the end of legal working duration of three years, duration of the working permit may be extended up to six years, on condition of working in the same profession and at the disposal of a desired employer.

On the other hand, it must boren in mind that implementation of law to EU citizens due to Ankara Agreement is different.

In addition to this, 5 years working in Turkey enables foreigners to apply Turkish Citizenship.

Is it possible for foreigner to obtain work permit for his/her spouse or children?

Article 5 of the said law states that : Working permission for a definite period of time may be given also to the, spouses and dependent children, who have come together with the foreigner or afterwards, on condition that they have resided with the foreigner legally and uninterruptedly for at least five years

Accordingly, 5 years residence in Turkey is sought for foreigner’s children and spouse for acquiring work permit. Residence must also be based on the condition of staying in the country legally and uninterruptedly.

How a foreigner can prove his stay in Turkey ‘legally and uninterruptedly’?

The document proving residence in Turkey legally and uninterruptedly can be obtained from security departments of Turkey.

That document must submitted to ministery of labor and social security

Restriction of work permit duration is possible in Turkey?

The ministery of labor and social security has right to extend and constricts the duration of the work permits which are granted to foreigners.

In which circumstances unlimited work permits can be granted to a foreigner?

Article 6 of said law defines the condition of granting unlimited work permits as following:

Unless otherwise provided in the bilateral or multi-lateral agreements to which Turkey is a party, working permission for an indefinite period of time may be given to the foreigners that have resided in Turkey legally and uninterruptedly for at least eight years or that have legally worked for total six years, without taking into consideration the conditions in the business market and the developments in the working life and without restricting to a certain enterprise, profession, civil or geographical area.

 

 

ABOUT THE AUTHOR: Gökhan Cindemir
He graduated from Anatolian High School of Karadeniz Eregli, after his graduation he studied in Belgium with AFS intercultural exchange program. He obtained his law license degree from Marmara University of Law Faculty. During his university education, he participated in Philip C. Jessup International Law Moot Court Competition on behalf of the Marmara University. After his admission to Istanbul Bar Association in 2009, he obtained master degree (LL.M) from Gent University / Belgium in the field of European and Comparative law. His master research was about Freedom of Establishment In Relation With Turkey and EEC in the frame of Ankara Agreement. He is specialized in International Private Law, European Law, Real Estate Law, Penal Law and Tort Law. He speaks fluent English and has good command of Dutch and French. He is also authorized as a solicitor, barrister.

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