In order to reside or work in Turkey, foreigners must fulfill certain requirements in order to obtain a work or residence permit. The Law Concerning Work Permits for Expatriates No. 4817, dated March 6, 2003, has introduced fundamental changes to Turkish law. Work permit applications must be submitted to the Ministry of Labor and Social Security (within Turkish borders), or if abroad, to an embassy or consulate of the Turkish Republic.
According to Article 4 of the law on work permits for foreigners (Law No:4817), unless not stipulated to the contrary by bilateral and multilateral agreement to which Turkey is a party to, foreigners are required to acquire a work permit before starting work in Turkey, whether as an employee or if self-employed.
Foreigners with a valid residence permit with a minimum validity of six months validity except for residence permits issue for educational purposes can apply directly to the Ministry of Labor and Social Security. There are four kinds of work permit in Turkey:
Periodical work permits: Unless the contrary is mentioned in bilateral and multilateral agreements, work permits can be issued for one year depending on the residence permit and on the term and nature of the position. The authorities will also consider local market conditions and economic and industrial developments in the field in question. After the end of the one year period, the work permit can be extended for up to three years and this extension is subject to certain conditions. Following this extension the permit can be extended for up to six years without the foregoing condition.
Permanent work permit: Permanent (indefinite period) work permits can be issued to employees who have legally resided in Turkey for a continuous period of eight years or who have been working with a permit for a period of six years in Turkey.
Independent work permit: Independent work permits can be provided for foreign employees who work independently on the condition of residing in Turkey for a continuous period of five years. In addition, any foreigner who is qualified for an independent work permit first will be provided with a “Certificate of Application for an Independent Work Permit.” Foreigners working independently should notify the ministry, at the latest, within 15 days following the date on which they start work.
Exceptional work permit: Unless the contrary is mentioned in bilateral and multilateral agreements to which Turkey is party to, foreigners referred to in Article 8 of Law No. 4817 may be given work permits under more flexible conditions. This kind of work permit is granted those who meet certain requirements such as foreigners who are married to a Turkish citizen and live in Turkey with their spouse; have resided in Turkey for least for three years; those who have lost their Turkish citizenship as a consequence of the provisions of Article 19, 27 and 28 of Turkish Citizenship Law No: 403; employees employed by diplomats, administrative and technical personnel assigned by the embassies and consulates of foreign states and the representatives of international establishments in Turkey.
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Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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