According to the Republic of Turkey laws, foreign natural or legal people may become shareholders of an investment that would be established in our country. Foreign nationals who are shareholders are not required to obtain a work permit if they do not effectively work in the enterprise.
If the director of the company or the board of directors are from a foreign nationality, it is obligatory for those people to obtain a work permit.
If the foreign partner has a valid residence permit in Turkey, the work permit application is made domestically. On the condition that they do not hold a valid residence permit, the work permit application is made through the Turkish embassy situated in the country of nationality.
Foreign Employees Who Will Work In The Companies
The following are required for obtaining a work permit for the companies;
At least five (5) Turkish citizens must be working under the assurance of the Social Insurance Institution at the workplace for which a work permit is requested.
In case of a work permit request for more than one foreigner at the same workplace, five (5) Turkish citizens will need to be employed individually for each foreigner employee following the first foreigner employee who is granted a work permit.
(If the foreigner requesting a work permit is a partner of the company, the employment requirement for five Turkish citizens will be required for the last six months of the one-year work permit provided by the Ministry.) In addition, the obligation to obtain an e-signature (Electronic Signature) for the e-declaration officer of the company has been initiated as of 26.02.2018.
Work Permit Types:
Work permit types are divided into two: temporary and permanent. Temporary work permits are issued for up to 5 years. These are also divided into two as temporary and permanent work permits.
Temporary Work Permit:
Regarding the extension of the temporary work permit, the periods of extension stipulated in Article 5 of the Code are taken as the basis. After one year of legal working period, the duration of the work permit can be extended for a maximum of two years, provided that you work in the same workplace or business and in the same profession. At the end of the legal working period of three years, the work permit can be extended for a maximum of three years on condition to work in the same profession and with the employer of choice.
- Permanent Work Permit:
Unless otherwise stipulated in bilateral or multilateral agreements to which Turkey is a party, foreigners who have been legally and uninterruptedly residing in Turkey for at least eight years or who have a total of six years of legal working period, can be granted a permanent work permit regardless of the situation in the labor market and developments in business environment, and without being limited to a specific business, occupation, civil or geographical area if deemed appropriate by the related authorities. The permanent work permit type is the 99-year work permit given to foreigners who do not want to obtain citizenship and meet the necessary conditions.
- Residence Permit to be Granted Depending on the Permanent Work Permit:
Residence permit periods of foreigners who have been granted a permanent work permit are determined by the Ministry of Interior in accordance with the legislation on residence and travel of foreigners in Turkey. Permanent work permit is used based on the residency permit periods. In the event that the workplace or workplace address of the foreigner who has been granted a permanent work permit changes, this situation is notified to the Ministry within a maximum of fifteen days, in accordance with the Article 18 of the relevant law. The Ministry makes the necessary changes in the current permanent work permit according to the information and documents provided and notifies the relevant authorities. In case where the Migration Administration authorities do not extend the residence permit periods granted based on the permanent work permit, the Ministry is informed.
Independent Work Permit:
Independent work permit can be granted on the condition that said foreigners have resided in Turkey legally and uninterruptedly for at least five years, their work had created added value in terms of economic development and would have a positive impact on employment. In determining their business’ impact on employment, the evaluations of the relevant authorities are also taken into account. Foreigners residing in the country within the scope of professional services, submit a document from the relevant authorities that they are performing their profession and other requested documents to the Ministry, within the framework of the relevant legislation.
Unless otherwise stipulated in bilateral or multilateral agreements to which Turkey is a party, work permits may be exceptionally granted to foreigners, whose status is specified in the following articles of this section, by taking into account the evaluations of the relevant authorities, provided that they do not violate the national legislation and comply with the legislation on professional services. Extension and cancellation of exceptional work permits are subject to the procedure situated in the general provisions of the Regulation. Also, exceptional work permits could be canceled if it is determined that the requirements of the relevant professional legislation are not fulfilled. Decisions regarding the granting, cancelling and extending the exceptional work permits are forwarded to the relevant authorities.
The Workers Married to a Turkish Citizen:
For foreigners who are married to a Turkish citizen and in Turkey with their spouses under this marriage union, the residence time requirement is not sought for the work permit applications. The criteria situated in the fourth paragraph of Article 13 of this Regulation are not applied for the applications made by foreigners who have lived under a marriage union with a Turkish citizen for at least three years. However, in case where the marriage is determined to be not made for the purpose of establishing a family union, then the work permit loses its validity.
Foreigners That Are Considered As Settled:
Foreigners whose marriage union with a Turkish citizen has ended after at least three years but who have settled in Turkey, can be exceptionally granted a work permit, provided that they are legally present in Turkey.
The Children Of The Foreigners Who Are Considered As Settled:
Children of foreigners whose marriage union with a Turkish citizen has ended after at least three years but who have settled in Turkey, can be exceptionally granted a work permit, provided that they are legally present in Turkey.
Citizens of European Union Member States and Their Spouses and Children:
When the citizens of the European Union member countries and their spouses and children who are not citizens of the European Union member countries apply for a work permit, the relevant work permits may be granted exceptionally. The provisions of the more favorable articles number 6 and 7 of the Decision No. 1/80 of the European Economic Community-Turkey Association Committee regarding the entry of these foreigners into the labor market are reserved in connection with the article 11 of the said Decision.
Foreigners Qualified as Key Workers:
When foreigners, who are key personnel to be employed in the procurement of goods and services, realization of a work or management of a facility, as well as in construction and all types of construction works by the ministries and public institutions and organizations authorized by law, through contract or tender procedures, the relevant work permit may be granted exceptionally for the specified period.