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Documents required from the foreign personnel

• Foreign Personnel Application Form (to be filled in electronic media, printed and then signed by the employer and employee and sent to the Ministry as a copy by hand. If there is not original signatures of the employer and the employee, work contract made between two parties is to be submitted. Otherwise, the application is not put into process)

• At least 6 months’ residence permit valid on the date of application for applications from Turkey. (To be scanned and sent online during electronic application)

• Copy of passport approved by certified translator or official authorities. (To be scanned and sent online during electronic application)

• Copy of diploma or temporary graduation letter, Turkish translation of which is approved by certified translator or official authorities , from the foreigners to work within vocational services and other occupations required by the Ministry. Pilot licence for the foreigners to be employed as a pilot. (To be scanned and sent online during electronic application, also by hand)

• Work contract organized in Turkish and the language of the foreigner for Certified Tourism Businesses to employ a foreign artisan and letter of recommendation approved by certified translator. (To be scanned and sent online during electronic application, also by hand)

• In addition to above-mentioned documents for foreigners, who request work permit within vocational services, if he/she has received higher education abroad, diploma or temporary graduation equivalence letter in conformity with Equivelance Regulations for Higher Education Diplomas as per 3 and 7/p articles of the law numbered 2547. (To be scanned and sent online during electronic application)

• For foreigners who will be employed by private education institutions subject to Ministry of National Education, letter (prior authorisation) to indicate competence of the foreigner from Ministry of National Education (To be scanned and sent online during electronic application)

Documents required from the institution to employ foreign personnel

• Application petition for work permit (To be scanned and sent online during electronic application, also by hand)

• Balance sheet or statement of profit-loss of the last year approved by certified public accountant or tax office (To be scanned and sent online during electronic application)

• Turkish Trade Registry Gazette which indicate the structure of partnership and capital of the institution (To be scanned and sent online during electronic application)

• For private education institutions to employ a foreigner, Permit for Opening an Institution and Starting Education and Authorisation from Ministry of National Education (To be scanned and sent online during electronic application)

• For associations and foundations, and institutions which provide health services, letter to indicate their activities from the relevant authorities. (To be scanned and sent online during electronic application)

• For certified tourism institutions, business and investment letter from Ministry of Culture and Tourism (To be scanned and sent online during electronic application)

• Letter which certifies that institutions (including consortiums), which has gained the right to perform the projects for which international tender is initiated by public corporations and institutions, shoulder the work they will receive. (To be scanned and sent online during electronic application)

• For legal entities to employ foreign experts within engineering, architecture, construction and consultancy services, payroll which prove that they employ Turkish engineer/architect/city planner in the same vocation. (To be scanned and sent online during electronic application)

• Letter of attorney of the person, who has the authority to make electronic application with the role of user in the name of institution to employ foreign personnel, approved by the notary or letter to indicate that user works in the applicant institution. (To be scanned and sent online during electronic application,)

Additional Documents for Application
If the foreigner is key personnel or representative of a partner, letter certified by competent authorities and given from the employer,

The personnel of a company, which is established in Turkey and has legal entity, is considered “Key Personnel” if he/she possesses at least one of the conditions listed below:

Persons who work in CEO, board member, general manager, vice general manager or similar positions who has authority of or take office in:

1) Working in top management or in executive position,

2) Managing the entirety or a part of the company,

3) Checking or controlling the works of administrative or technical personnel or supervisors of the company

4) Employing new personnel or dismiss the current personnel or make offers concerning these

• Persons who have basic information about the services, survey instruments, techniques or management

• For contact offices, Maximum one person on the name of whom certificate of authorization is prepared by the main company abroad.

Foreign companies, which want to apply for work permit directly as foreign investor or foreigners, who are to work as key personnel, are liable to submit the documents to indicate that they meet the criteria mentioned above with the general documents required during the application.

• Copy of citizenship identity card,

• For foreigners who are married to a Turkish citizen, certificate of identity register copy,

• For foreigners who are married to a Turkish citizen, copy of marriage certificate approved by notary,

• Document which indicates that he/she is of Turkish origin,

• Copies of certificates and diplomas for vocational education,

• Other documents such as reference letters, assignment letter and acceptance letter

• That the situation in work market and developments in business life, sectorial and economic conjuncture changes concerning employment are not convenient for work permit.
• That there is a person who has the same qualities to do the said work in the country within 4 weeks.
• That the same person applies for the same business, company or position within 1 year after the rejection of the first application.
• That it constitutes a threat for national security, public order, public peace, common good, public moral and public health.
• That it is later determined that incomplete or inaccurate information has been provided.
• That the residence permit of the foreigner has become invalid for any reason or not been extended.
• That the passport or the document replacing passport has not been extended.
• That the foreigner has stayed abroad for more than 6 months continuously except the force majeure.
• That it does not meet the application criteria of the Ministry.

Foreigners who have resided in Turkey at least for 8 years legally and continuously and worked legally for total 6 years can be given work permit for an indefinite time period without considering the situation in work market and developments in business life, if it is approved by the relevant authorities, without limiting to a certain business, vocation, territorial or geographical area, unless otherwise is stated in bilateral or multilateral contracts of which Turkey is a party.

Submission of the Document Indicating Legal and Continious Residence

That if the condition of residing at least for 8 years legally and continuously is met is proved with the document obtained from the security offices. This document is transmitted to the Ministry along with other documents during the application. Evaluation of the condition of eight years’ legal and continuous residence is subject to the provisions stated in the 9th article of the law.

Calculation of the Legal and Continious Residence Periods of Spouse and Children

When evaluating if the condition of at least 8 years’ legal and continuous residence is met as per the 28th article of the regulation, time spent during the education by the foreigner is not considered residence. However as per the 4th paragraph of the 5th article of the law, time spent for education by the spouse and children, who are studying and residing with the foreigner, are considered residence.

Calculation of Legal Working Period and Submission of the Indicative Document

Provision that the condition of legal working for total six years stated in the 6th article of the law is proved with the document obtained from the relevant authorities and it is transmitted to the Ministry along with the other documents during the application. Evaluation of the condition of six years’ legal and continuous residence is subject to the provisions stated in the 9th article of the law.

Residence Permit to Be Given Depending on the Work Permit for an Indefinite Time Period

Residence permit periods of those are determined by the Ministry of Internal Affairs in line with the regulations concerning residence and travelling of foreigners in Turkey.

Work permit for an indefinite time period is used depending on residence permit periods, unless there is a change in its extent.

If the residence permits, given referring to the work permit for an indefinite time period, are not extended, the Ministry is informed by the security offices.

Independent Work Permit can be given provided that the foreigner has resided legally and continuously for at least five years in Turkey, their work creates added value in terms of economic development and it has positive effect on employment.

Opinions of the relative authorities are taken for determination of its effect on employment.

Foreigners within vocational services submit a document, obtained from the relevant authorities, indicating that they perform their vocation within the relevant regulations.

Submission of the Document Indicating Legal and Continious Residence

That if the condition of residing at least for 5 years legally and continuously stated in the 7th article of the law is met is proved with the document obtained from the security offices. This document is transmitted to the Ministry along with other documents during the application. Evaluation of the condition of five years’ legal and continuous residence is subject to the provisions stated in the 9th article of the law.

Calculation of the Legal and Continious Residence Periods of Spouse and Children

When evaluating if the condition of at least 5 years’ legal and continuous residence is met as per the 28th article of the regulation, time spent during the education by the foreigner is not considered residence. However as per the 4th paragraph of the 5th article of the law, time spent for education by the spouse and children, who are studying and residing with the foreigner, are considered residence.

Residence Permit to Be Given Depending on Independent Work Permit

Residence permit periods of those are determined by the Ministry of Internal Affairs in line with the regulations concerning residence and travelling of foreigners in Turkey.

Independent work permit is used depending on residence permit periods, unless there is a change in its extent.

If the residence permits, given referring to the independent work permit, are not extended, the Ministry is informed by the security offices.

Other Documents Thay May Be Required along with Main Documents for Independent Work Permit

In order to consider when evaluating independent work permit, documents indicating the the contribution of foreigner’s activity to national economy and that he/she has sufficient income for the activity may be requested to transmit to the Ministry along with other documents.

Independent Work Permit Application Document

Foreigner is given “Independent Work Permit Application Document” indicating that he/she can work independently if his/her application is approved.

Validity of Independent Work Permit Application Document

Independent work permit application document is valid for 3 months starting from the date it was given. The foreigner may be given independent work permit if he/she submits trade register entry to the Ministry after establishing his/her business.

If the foreigner is not given independent work permit, offices which keep the trade register entries and security offices are informed by the Ministry for the situation of the foreigner in Turkey to be evaluated in terms of residence permit and to prevent the illegal residence of the foreigner when necessary.

Work permit for a definite time period is given to work in a certain company or business and a certain vocation for maximum 1 year unless otherwise is stated in the bilateral or multilateral contracts of which Turkey is a party.

Geographical Area of Work Permit for a Definite Time Period

The ministry may expand or restrict the validity area of the work permit for a definite time period based on the datas such as cities, administrative borders and geographical aeras.

The ministry informs the relevant authorities about this decision.

Extending Work Permit for a Definite Time Period

Time periods concerning extension stated in the 5th article of the law are based on for extension.
After a year’s legal working period, the work permit may be extended for a maximum of 2 years to work in the same company or business and the same vocation.

After 3 years’ legal working period, the work permit may be extended for a maximum of 3 years to work in the same company or business and the same vocation.

Application for Work Permit for a Definite Time Period of the Spouse, and Children Whom He/She Is Liable to Look After

Spouse, and children whom he/she is liable to look after of the foreigner can be given work permit for a definite time period provided that they have resided with the foreigner for at least five years legally and continuously.

Submission of the Document Indicating Legal and Continious Residenece

That the condition of at least five years’ legal and continuous residence, stated in the 28th article of the regulation and 5th article of the law, has been met is proved with the document obtained from the security authorities. This document is transmitted to the Ministry with other documents during the application. Evaluation of the condition of five years’ legal and continuous residence is subject to the provisions stated in the 9th article of the law.

Calculation of the Legal and Continious Residence Periods of Spouse and Children

When evaluating if the condition of at least 5 years’ legal and continuous residence is met as per the 28th article of the regulation, time spent during the education is considered residence.