For a foreigner to work legally in Türkiye, finding a job is not enough on its own. Employment is subject to a permit to be granted in advance by the administration, and failure to obtain this permit gives rise to serious administrative and criminal consequences for both the foreigner and the employer who hires them. In this article, we examine the work permit process for foreigners from start to finish, together with its legal basis, the types of permit, the application steps and the obligations of the parties.
The Legal Framework of the Work Permit
The primary regulation concerning the employment of foreigners in our country is the International Labour Force Law No. 6735, which was published in the Official Gazette dated 13 August 2016 and entered into force on that date. This Law repealed the previously applicable Law No. 4817 on the Work Permits of Foreigners and restructured the field with a holistic policy approach. However, the process does not operate through a single statutory text. The framework set out by Law No. 6735 is completed by a series of secondary regulations, foremost among them the Regulation on the Implementation of the International Labour Force Law; the application procedure, evaluation criteria and the details of the conditions of employment are set out in that regulation. The principles of the privileged status granted to qualified foreigners are regulated in the Turquoise Card Regulation, while the employment of key personnel in investor companies is regulated in the Regulation on the Employment of Foreign Personnel in Direct Foreign Investments. For foreigners who will work in free zones or under international or temporary protection, separate subject-specific regulations also come into play. Alongside this legislation, Law No. 6458 on Foreigners and International Protection is directly decisive on many intersecting matters, such as the work permit serving in place of a residence permit. Finally, bilateral or multilateral international agreements to which Türkiye is a party are reserved; where an agreement grants a particular group of foreigners the opportunity to work without a permit, that provision applies with priority.
The Authority that Grants the Work Permit
The authority to evaluate and conclude work permit applications belongs to the Ministry of Labour and Social Security, and within the Ministry to the Directorate General of International Labour Force (UİGM). Applications are not made by physical submission of documents, but electronically through the Ministry’s e-Permit system. For this reason, the employer being registered in the system through a workplace registered with the Social Security Institution (SGK) and as an e-Declaration user is a technical precondition of the process. The fundamental principle to bear in mind here is that, as a rule, foreigners do not apply on their own behalf but through the employer who will employ them. Exceptions to this rule are statuses such as the independent work permit and the Turquoise Card, under which the foreigner may apply on their own behalf.
Types of Work Permit
Law No. 6735 provides for different types of permit according to the qualifications of the foreigner and the form of employment; determining the correct type of permit is the most critical stage of the process.
Fixed-Term Work Permit
This is the most common type. It is issued to work in a specific job, at a specific workplace belonging to a specific employer, and on condition that it does not exceed the duration of the employment contract. On the first application, it is granted for a maximum of one year. On extension, a permit may be issued for a maximum of two years on the first extension application made with the same employer, and for a maximum of three years on subsequent extension applications; where the employer changes, the foreigner becomes subject once again to the conditions of a first application.
Indefinite Work Permit
This is permanent in nature and may be granted to foreigners who hold a long-term residence permit or who have worked for at least eight years under a lawful work permit. It is not tied to a specific employer or job and carries no time limit. A foreigner holding this permit benefits, as a rule, from the rights granted to Turkish citizens, without prejudice to acquired rights relating to social security; however, the rights to vote and stand for election, to enter public service, and the obligation of military service fall outside this scope. It must be emphasised that meeting the application conditions does not create an absolute right to the permit being granted; the administration exercises its discretion within the framework of international labour force policy.
Independent Work Permit
This allows the foreigner to work in their own name and on their own account, without being bound to an employer, and is issued for a fixed term; it is particularly important for self-employed professionals and foreigners who will establish their own business.
Turquoise Card
This is the most powerful instrument of Türkiye’s policy of attracting qualified labour to the country. It is granted to foreigners assessed as making a significant contribution to the national economy through their level of education, professional experience, contribution to science and technology, or their investment and employment capacity. This card is issued with the first three years constituting a transition period; a card not cancelled during the transition period is converted into an indefinite one upon the foreigner’s application. That application must be made 180 days before the expiry of the transition period and, in any event, before the period expires; otherwise the application is rejected and the card becomes invalid. A document serving in place of a residence permit is also issued for the cardholder’s spouse and dependent children.
Exceptional Work Permit
The Law provides for facilities that depart from the general provisions for certain foreigners, in line with the policy of increasing qualified labour and by reason of their status. Foreigners who are married to a Turkish citizen and live together with their spouse in a marital union in Türkiye, as well as persons who have distinguished themselves at an international level in their field, may be cited as examples within this scope.
Work Permit Exemption
Some activities, by their nature, do not require a permit to be obtained at all; the work permit exemption is a separate document granting the foreigner the opportunity to work without obtaining a permit. Holders of the Blue Card, who were Turkish citizens by birth but subsequently lost their citizenship through a permit to renounce it, may also work without obtaining a work permit.
The Application Process and Required Documents
The place where the application is made varies according to whether the foreigner is in Türkiye. For a foreigner present in Türkiye, the condition for an application to be made is that the foreigner holds a currently valid residence permit of at least six months’ duration; the application is carried out online by the employer through the e-Permit system. If the foreigner has not yet come to Türkiye, the application is made through the embassy or consulate of the Republic of Türkiye in the country where they are located; following the foreigner’s application to the mission, the employer must also complete the electronic application within ten working days. If the permit is concluded favourably, the foreigner is expected to fulfil their obligations and begin work within the prescribed periods following their entry into the country. For foreigners who will work in health and education services requiring professional competence, obtaining prior approval from the relevant institution is mandatory for the application to be evaluated; for example, prior approval processes from the Ministry of Health for foreign physicians and nurses, and from the Council of Higher Education for academic staff, come into play.
Although the list of documents varies according to the type of permit and the profession, most applications commonly require the foreigner’s valid passport, the employment or service contract, the diploma or provisional graduation certificate (together with an equivalence certificate for foreign diplomas), the employer’s current trade registry and activity certificates, and the most recent financial statements. Submitting documents in a foreign language with a sworn translator’s translation and, where necessary, notary certification is critically important to ensure that the application is not deferred due to deficiencies.
Evaluation Criteria and Timeframes
Applications made in due form and with complete documents are, as a rule, concluded within thirty days. Where there is a deficiency in the application, the evaluation is deferred until the deficiencies are remedied; however, this deferral period may not exceed thirty days except in cases of force majeure, and applications whose deficiencies are not remedied by the end of the period are rejected. In evaluating applications, the Ministry takes as its basis the situation in the labour market, the sectoral and economic conjuncture, whether the foreigner has the qualifications and expertise appropriate to the job applied for, and a points-based scoring system. Applications made for professions and duties reserved for Turkish citizens, and applications found not to meet the required qualifications, are rejected.
The Employer’s Obligations
An employer who employs a foreigner is subject to significant obligations both at the application stage and thereafter. In practice, as a rule, a certain number of Turkish citizens are required to be employed under insurance at the workplace for each foreigner to be employed; this ratio may be relaxed in certain sectors and exceptional cases. In addition, minimum criteria relating to the company’s paid-up capital, gross sales or export figures are taken into account. The foreigner for whom a work permit has been obtained must be reported as insured under Law No. 5510; the work permit does not eliminate the insurance notification. Furthermore, where circumstances requiring cancellation of the permit arise — for example, the termination of the employment relationship — the employer must notify the Ministry of this within fifteen days.
The Relationship Between the Work Permit and the Residence Permit
The relationship between these two frequently confused concepts is clear: under Law No. 6735, a work permit or work permit exemption serves in place of a residence permit. Accordingly, a foreigner who holds a valid work permit does not need to obtain a separate residence permit. The reverse, however, is not valid; a foreigner’s holding a residence permit for any reason does not, on its own, grant them the right to work. Work permits issued to applicants for international protection, conditional refugees and foreigners granted temporary protection constitute the exception to this rule and do not serve in place of a residence permit.
Rejection, Cancellation, Administrative Objection and Judicial Remedy
The rejection of a work permit application or the cancellation of a document already issued is an administrative act and is open to review. Those concerned may lodge an administrative objection with the Ministry within thirty days of notification of the rejection or cancellation decision. Where the administrative objection remedy is exhausted or results unfavourably, it is possible to bring an annulment action before the administrative court for the annulment of the administrative act. At this point, since the assessment relating to the time limit for bringing an action and the effect of the objection application on that time limit must be made carefully on the basis of the specific case and the date of notification, obtaining legal support from a lawyer is of great importance in order to carry the process soundly from the administrative stage to the judicial stage.
Sanctions for Unauthorised Employment
Employing a foreigner without a work permit gives rise to serious financial risk for the employer. Under Law No. 6735, an administrative fine is imposed on an employer who employs a foreigner without a permit for each foreigner; a separate administrative fine is also imposed on the foreigner working without a permit. These fines are updated each year by being increased at the revaluation rate and are applied with a one-fold increase in the event of repetition of the act. The sanction is not limited to this: the employer may be held liable for the accommodation and return costs of the foreigner and, where applicable, their spouse and children; a foreigner found to be working without a permit is reported to the Ministry of the Interior for deportation. Against the administrative fine, recourse to the criminal judgeship of the peace is available within the statutory period prescribed from notification.
Conclusion
The work permit process for foreigners is a multi-layered administrative process that must be managed meticulously from the perspective of both the foreigner and the employer. Determining the correct type of permit, preparing the documents completely, not overlooking professions requiring prior approval, and not missing the statutory time limits play a decisive role in the favourable conclusion of the application. Given the serious sanctions arising from unauthorised employment, conducting the process with expert legal support from the outset significantly reduces the financial and administrative risks that may arise in the future.
This article has been prepared for general information purposes only and does not constitute legal advice. We recommend that you consult a lawyer for an assessment of your specific situation. You may contact us for legal support with your work permit applications and disputes relating to immigration law.