Turkey enforces a relatively strict framework for employing foreign nationals, with work permit applications subject to various criteria and procedural steps. While Law No. 6735 on International Labor (the “Law”) serves as the principal legal basis, many specific rules and conditions are not explicitly stated in the legislation or secondary regulations. Instead, these are set forth by the Ministry of Labor and Social Security (the “Ministry”) under Article 13 of the Regulation on the Implementation of the Law on Work Permits for Foreigners.
Work Permit Applications for Foreign Nationals in Turkey Pathways
Foreign nationals can apply for a work permit through two primary channels:
- Overseas Applications: These are initiated through Turkish consulates in the applicant’s country of residence.
- Domestic Applications: These are submitted online directly to the Ministry, but only available to foreigners who hold a residence permit valid for at least six months.
The residence permit is a critical requirement for submitting a domestic application. Without it, the individual must leave Turkey and apply from abroad. In such cases, the consulate receives the application and forwards it along with the required documents to the Ministry for preliminary assessment. Upon approval, the consulate issues a reference number that the Turkish employer must use to submit an online application. This process can extend up to three months. Conversely, domestic applications, when eligible, are generally processed more swiftly.
Work Permit Applications in Turkey : Eligibility Criteria
Both employers and foreign employees must meet certain conditions to qualify for a work permit. The regulations are clearer for employers, with key requirements including (as per the latest guidelines):
- Employee Quota: The employer must have at least five Turkish nationals on payroll for each foreign employee. This rule also applies in cases where the foreign employee is a shareholder, but only from the second six-month period of the permit.
- Company Financials: The employer must meet one of the following:
- Paid-in capital of at least TRY 100,000, or
- Gross annual sales of at least TRY 800,000, or
- Annual exports worth at least USD 250,000.
- Shareholding Foreign Employees: If the foreigner is a shareholder, their stake must be no less than TRY 40,000, and represent at least 20% of the company’s capital.
- Minimum Wage Thresholds:
- Executives, pilots, architects, and engineers: 6.5x minimum wage
- Department managers, architects, engineers: 4x minimum wage
- Skilled workers, teachers: 3x minimum wage
- Domestic workers and other roles: 1.5x minimum wage
Importantly, even if these requirements are met, the employment of a foreign national must still be justified. If a suitable Turkish candidate could reasonably perform the job, a permit may not be granted. Additionally, legal restrictions prohibit foreign employment in certain professions.
Exemptions and Special Cases
Recognizing the complexity of these requirements, the law does allow for certain exemptions, particularly in the case of Strategic Foreign Direct Investments (SFDI). Companies falling under this category may be exempt from the standard criteria when hiring foreign personnel.
To qualify as an SFDI, a company must meet at least one of the following conditions:
- Revenue-Based: Annual turnover exceeding TRY 114.7 million, with at least TRY 1,526,057 in foreign-owned capital.
- Export-Based: Annual exports of at least USD 1 million, with the same minimum foreign capital threshold.
- Employment-Based: Minimum of 250 employees registered with the Social Security Institution, again with TRY 1,526,057 in foreign capital.
- Planned Investment: Projected fixed investment of at least TRY 38.1 million.
- Global Presence: The investor owns at least one additional foreign company in a different country from where its headquarters are located.
Final Considerations
Applying for a work permit in Turkey can be administratively burdensome and legally intricate. The online system is detailed, requiring careful uploading of documents in specific formats. Additionally, some original documents must still be sent via postal service to the Ministry. Incomplete applications risk rejection, reapplication bans, or permit cancellations.
Given these challenges, it is strongly recommended that foreign nationals seek assistance from professionals familiar with Turkish immigration law. Expert guidance can help navigate the process more efficiently and reduce the likelihood of errors or delays.
For personalized advice or help with your work permit application in Turkey, feel free to get in touch with our team.