Work permits and visas in Turkey

Navigating the process for foreign nationals to live and work in Turkey involves understanding a structured system of visas and work permits. Turkey requires most foreign individuals intending to work within its borders to obtain both a valid entry visa (if required based on nationality) and a specific work permit. The work permit serves as both a residence permit and a work authorization, allowing the holder to legally reside and be employed in the country.

The application process typically involves coordination between the foreign national and their prospective employer in Turkey. The employer plays a crucial role, often initiating the work permit application on behalf of the employee. This system ensures that foreign employment aligns with Turkish labor regulations and economic needs.

Common Visa Types for Foreign Workers

While the work permit is the primary authorization for employment, foreign nationals often first require an entry visa to travel to Turkey. The specific type of entry visa depends on the individual's nationality and the purpose of their initial entry, but for those planning to work, a work visa is the most relevant category.

• Work Visa: This visa is specifically for individuals who have secured employment in Turkey and intend to apply for a work permit. It is typically obtained from a Turkish embassy or consulate in the applicant's home country or country of legal residence before traveling to Turkey. The work permit application process usually begins shortly after the work visa application is submitted or approved, often initiated by the employer in Turkey.

Other visa types like tourist or business visas do not grant the right to work and cannot typically be converted into work permits within Turkey.

Work Permit Application Requirements and Procedures

Obtaining a work permit in Turkey is a multi-step process primarily managed by the Ministry of Labour and Social Security (MLSS). The application is generally initiated by the employer in Turkey on behalf of the foreign national.

Eligibility Criteria:

• The foreign national must have a valid passport.
• The foreign national must meet specific educational or professional qualifications relevant to the position.
• The employer must meet certain criteria, including employing a minimum number of Turkish citizens for each foreign employee (typically five Turkish citizens for every foreign worker, though exceptions exist for certain sectors or roles).
• The salary offered to the foreign national must meet minimum thresholds set by the MLSS, which vary based on the position and sector.

Required Documentation:

Documentation is required from both the employee and the employer.

• From the Employee:
  • Copy of passport.
  • Translated and notarized copy of diploma or temporary graduation certificate.
  • Employment contract signed by both parties.
  • If applicable, documents proving professional qualifications (e.g., licenses, certificates).
  • Work visa application reference number (if applying from abroad).
  • Biometric photograph.
• From the Employer:
  • Application letter to the MLSS.
  • Balance sheet and profit/loss statement for the last year.
  • Turkish Trade Registry Gazette showing the company's current structure.
  • Tax registration certificate.
  • Social Security Institution (SSI) registration number.
  • Power of attorney for the person handling the application (if applicable).

Application Procedure:

1. Work Visa Application (if applying from abroad): The foreign national applies for a work visa at a Turkish embassy or consulate.
2. Work Permit Application (by Employer): The employer in Turkey submits the online work permit application to the MLSS, usually within 10 working days of the foreign national's arrival in Turkey (if they entered with a work visa) or after the work visa application is submitted.
3. Submission of Hardcopy Documents: The employer submits the required hardcopy documents to the MLSS within a specified timeframe after the online application.
4. Evaluation by MLSS: The MLSS evaluates the application based on various criteria, including labor market conditions, the company's status, and the foreign national's qualifications.
5. Decision: The MLSS issues a decision. If approved, the work permit is granted. If rejected, the employer can appeal the decision.

Processing Times and Fees:

• Processing Time: The evaluation period for a work permit application by the MLSS is typically up to 30 days from the date the complete application and required documents are submitted. However, this can vary depending on the complexity of the case and the volume of applications.
• Fees: There are fees associated with both the work visa application (paid at the embassy/consulate) and the work permit itself (paid in Turkey upon approval). These fees are subject to change annually. As of early 2024, work permit fees varied based on the duration (e.g., one year, extended). Specific fee amounts for 2025 will be published by the relevant authorities.

Sponsorship Requirements:

The employer acts as the sponsor for the work permit application. They must demonstrate the legal and financial capacity to employ the foreign national and meet the specific employment criteria set by the MLSS.

Pathways to Permanent Residency

Foreign nationals who have legally resided and worked in Turkey for a continuous period may be eligible to apply for a long-term residence permit, which can eventually lead to permanent residency.

• Long-Term Residence Permit: Generally, after residing in Turkey for at least eight continuous years on valid residence permits (including work permits), a foreign national may apply for a long-term residence permit. Certain conditions apply, such as not having received social aid in the last three years, having sufficient and regular income, and not posing a threat to public order or security.
• Exceptional Cases: There are also exceptional pathways to long-term residency or citizenship based on investment, scientific contributions, or other specific criteria defined by Turkish law.

A long-term residence permit is indefinite and does not require renewal. It grants most of the rights of Turkish citizens, with exceptions such as the right to vote, hold public office, or mandatory military service.

Dependent Visa Options

Foreign nationals holding a valid work permit in Turkey can typically bring their dependents to reside with them. Dependents usually include the spouse and dependent children.

• Family Residence Permit: Dependents of a work permit holder can apply for a family residence permit. The application is usually made after the primary work permit holder has obtained their permit and settled in Turkey.
• Eligibility for Dependents:
  • The sponsor (work permit holder) must have sufficient and regular income to support the family.
  • The sponsor must have valid health insurance covering all family members.
  • The sponsor must have been residing in Turkey for at least one year with a residence permit (this condition may have exceptions for work permit holders).
  • The sponsor must be registered in the Address Registration System.
• Application Process: Dependents typically apply for a family residence permit through the Directorate General of Migration Management (DGMM). Required documents include proof of relationship (marriage certificate, birth certificates), passports, photographs, and proof of the sponsor's status and financial means.
• Duration: The family residence permit is usually issued for the same duration as the sponsor's work permit.

Visa Compliance Obligations for Employers and Employees

Maintaining legal status in Turkey requires adherence to various regulations by both the foreign employee and their employer.

Obligations for Employers:

• Work Permit Sponsorship: The employer is responsible for initiating and supporting the work permit application process.
• Compliance with Labor Law: Employers must adhere to Turkish labor law regarding working hours, wages, leave, and working conditions for foreign employees, just as they do for Turkish employees.
• Social Security Registration: Employers must register foreign employees with the Turkish Social Security Institution (SSI) and pay the required contributions.
• Notification of Changes: Employers must notify the MLSS and DGMM of any changes in the employee's status, such as termination of employment, within a specified timeframe.
• Record Keeping: Maintain accurate records related to the foreign employee's employment and permit status.

Obligations for Employees:

• Maintain Valid Permit: The foreign national must ensure their work permit and any associated residence permit remain valid throughout their stay and employment.
• Adhere to Permit Conditions: Work only for the employer and in the position specified on the work permit.
• Notify of Changes: Inform the authorities (DGMM) of changes in personal information, such as address.
• Comply with Laws: Abide by all Turkish laws and regulations.
• Exit Turkey Upon Permit Expiry: Unless a renewal or different permit is obtained, the individual must leave Turkey before their permit expires to avoid penalties.

Failure to comply with these obligations can result in penalties, including fines, deportation, and bans on future entry into Turkey for the employee, and fines and legal repercussions for the employer.