According to the provisions of the International Labor Code No. 6735, employers who will employ foreigners to work in Turkey are required to obtain a work permit before the foreigner starts working.
Work permit is a type of permit issued by the Ministry of Labour and Social Security as an official document and gives the foreigner the right to work and reside in Turkey within its validity period.
There are five types of work permit applications: “Domestic application”, “Overseas application”, “Work permit extension application”, “Work permit application for foreigners under temporary protection” and “Work permit application for foreigners under international protection”:
- Domestic application is made for foreigners who are in our country and have a valid residence permit for at least six (6) months. The foreigner in this situation has the Republic of Turkey Foreigner Identification Number starting with 99 and the application is made through this number.
- If the foreigner does not have a residence permit, he/she can apply for a work visa by going to the diplomatic representation of the Republic of Turkey in the country of his/her nationality. The foreign person has a 16-digit reference number that will be given to him/her by the application authority, and the result of the application is tracked through this number.
- Work permit extension application is a type of application made to extend the duration of a work permit. An extension application must be made at most sixty days before the current work permit expires or before the permit expires.
- Work permit application for foreigners under temporary protection is another type of work permit application in Turkey. This can be done for foreigners who are currently under temporary protection in Turkey (the majority of whom are Syrian Arab Republic nationals). In this type, the foreigner already has a Temporary Protection Residence Permit and is additionally given permission to work.
- Work permit application for foreigners under international protection is the last type of work permit application in Turkey. It can be done for foreigners who are under International Protection in our country or who are International Protection Applicants. In this application type, the foreigner already has an International Protection Residence Permit or an application which gives the same rights.
For work permit applications made domestically, the foreigner must start working by fulfilling his/her obligations within the scope of the relevant legislation within one month from the start date of the work permit. It is mandatory for the person’s employer to notify the Social Security Institution with the “Employment Declaration”.
For applications made from abroad, the foreigner must start working within one month from the date of entry into the country and, in any case, within six months from the start date of the work permit by fulfilling his obligations under the relevant legislation. It is mandatory for the person’s employer to notify the Social Security Institution with the “Employment Declaration”.
Foreigners who are granted a work permit based on an application made from abroad must come to Turkey within six months from the date the validity of the work permit begins, and the work permit of foreigners who do not come to Turkey within this period will be cancelled.
According to the International Labor Code No. 6735, a foreigner whose work permit application is evaluated positively is given a work permit for a maximum period of one year at the first application. However, this maximum period is applied on the condition that it does not exceed the duration of the employment or service contract, provided that he/she works in a specific job at a specific workplace belonging to a real or legal person or public institution or organization, or at workplaces in the same business line.
If the work permit extension application is evaluated positively, the foreigner is granted a work permit for a maximum of two years in the first extension application and up to three years in subsequent extension applications, depending on the same employer. Provisions regarding these limitations do not apply to foreigners who are granted temporary protection.
