FIGHT AGAINST HUMAN TRADE
Work contracts for foreigners employed in show business must be prepared in Turkish and native language of the foreigner and signed. The text below must be in the work contract:
For help in emergency, please call: 155 POLİCE
В КРИТИЧЕСКИХ СИТУАЦИЯХ ОбРАЩАТЬСЯ В ПОЛИЦИЮ: (ТЕЛ 155)
The Human Resource Development Foundation http://www.ikgv.org
RA3BИТИЕ ФОНДА ТРУДОВЫХ РЕСУРСОВ: (ТЕЛ 0 212 293 16 05) http://www.ikgv.org
OBTAINING RESIDENCE AND WORK PERMIT FOR FOREIGN PRESS MEMBERS
Foreign members of press are not within the Law Concerning Foreigners’ Work Permits numbered 4817 as per two articles of the relevant law.
Press members who apply for visa to our representatives abroad and get it, or using visa exemptions are given residence permit during the validity period of their press cards with no regard to visa type.
REQUIRED DOCUMENTS
1- RESIDENCE DECLARATION: (1) Piece (can be obtained from Foreigners’ Department)
a) To be filled according to the passport information by computer or typewriter
b) To be attached one photo to each
2- PASSPORT: THE ORIGINAL
a) Foreigners are required to apply to Foreigners’ Department within 1 (One) month following the date of entry to Turkey.
b) Copy of passport
3- PHOTO: 3 (three) pieces (Colored, taken recently)
4- DUTY LETTER: Written adressed to the relevant governorate indicating the duty terms by the agency he/she is subject to
5- YELLOW PRESS CARD: The original or approved copy (Approved by Notary or General Directorate of Press and Information)
6- RESIDENCE PERMIT FEE: (Paid to Foreigners’ Department following the delivery of complete documents.)
EXTENSION:
REQUIRED DOCUMENTS:
1- RESIDENCE DECLARATION: (1) Piece (can be obtained from Foreigners’ Department)
a) To be filled according to the passport information by computer or typewriter
b) To be attached one photo
2- PASSPORT: THE ORIGINAL
a) Foreigners are required to apply to Foreigners’ Department within 15 days before or after the end of residence permit
b) Copy of passport
3- DUTY LETTER: Indicating that he/she continues to duty by General Directorate of Press and Information
PREVIOUS RESIDENCE PERMIT: A residence permit can be extended 4 times. A new residence permit is obtained for any more extensions.
Exceptional Situations
Work permits can be given exceptionally to the foreigners status of whom is stated in following articles, provided that they do not act against the national regulations and stick to the regulations concerning vocational services unless otherwise is provided by the bilateral or multilateral contracts of which Turkey is a party.
Extension or cancellation of exceptional work permits is subject to the procedure in the general procedure of the regulations. Also if it is detected that the necessities of the relevant vocational regulations are not fulfilled, exceptional work permits are cancelled. Decisions concerning these are transmitted to the relevant authorities.
Those Married to A Turkish Citizen
Foreigners, who are married to a Turkish citizen and living in Turkey within marriage union, and legally residing in Turkey, can directly apply to the Ministry without the requirement of period condition about residence.
If the marriage ends before 3 years is completed or if it is detected that the marriage was not for starting a family union, work permit loses is validity. If the foreigner keeps working with this permit, he/she will be considered working and employed illegal. The Ministry records the information to the work permit.
Foreigners Considered Settled
If a marriage union with a Turkish citizen ends after at least 3 years, exceptional work permit can still be given to the foreigner provided that they are residing in Turkey legally.
Settled foreigner means persons who are considered within this context in terms of residence permits by the Ministry of Internal Affairs. These foreigners must transmit the document they obtained from security offices to indicate their situation, along with other documents during the application.
Children of Foreigners Considered Settled
If a marriage union with a Turkish citizen ends after at least 3 years, the children produced with the Turkish citizen spouse may be given exceptional work permit provided that they are residing legally in Turkey.
Those Who Lost Turkish Citizenship
Foreigners who are in the context of the 19th, 27th and 28th articles of Turkish Citizenship Law numbered 403, can be given exceptional work permit provided that they provide evidence for their situation.
Underages Who Come to Turkey to Complete Their Education in Turkey
Those who were born in Turkey or came to Turkey as an underage according to his/her own national law or if he/she is stateless, according to the Turkish regulations, and graduated from vocational school, academy or university, the Ministry may give exceptional work permit provided that they provide evidence for their situation.
Those Within Settlement Law Numbered 2510
Foreigners considered refugee, fugitive or migrant as per Settlement Law numbered 2510 can be given exceptional work permit provided that they provide evidence for their situation.
Citizens of EU Member Countries and Their Spouse and Children
Citizens of a country member of EU and their spose and children who are not citizen of a country member of EU can be given exceptional work permit
The provisions of 6th and 7th articles, more in favor of foreigners getting into work market, of decision numbered 1/80 of European Economic Community – Turkey Association Council are reserved in line with 11th article of the mentioned decision.
Those Who Work in Embassies, Consulates and Turkish Representatives of International Institutions, and Their Spouses and Children
Those who work in service of technical, administrative personnel and diplomats working in embassies, consulates and representatives of international institutions, and their spouse and children can be given exceptional work permit in line with the opinions of Ministry upon applications transmitted to the Ministry through the Ministry of Foreign Affairs, provided that it is within mutuality principle and limited to the duty term.
Those Who Come for A Short Term for Scientific, Cultural and Sportive Purposes
Foreigners, who come temporarily, for more than 1 month for scientific and cultural activities and for more than 4 months for sportive activities, can be given exceptional work permit.
Foreigners Who Have the Characteristic of Key Personnel
Key personnel, who are to be employed in any kind of construction business, for running a facility or getting a work done, or purchase of goods or service in contract or tender ways by the public organizations and institutions and ministiries who are authorized by the law, can be given exceptional work permit.
Work Permits of Those Who Are to Be Employed in Cultural Organizations and Religion Organizations and Foreign Teachers in Schools within Embassies or Consulates in Turkey
Residence permits of those for working purposes are given by the Ministry of Internal Affairs.
Permit applications are made through the Ministry of Foreign Affairs.
1) That there is need for employment of foreign employee due to the conditions of sectorial and economic conjuncture
2) That a Turkish employee who has the same quality to replace the foreign employee cannot be found in work market within 4 weeks.
3) That it is convenient to employ foreign personnel according to the developments in Turkish business life
4) That the opinions of the relevant institutions about the foreigner are positive.
5) Consistency in the previous supply of labor of the foreigner (Efficiency and permanence in vocation and company)
6) That the information and documents are compatible with each other
7) If there is reasons for rejection in law
(Since the articles 1-7 are general criteria, evaluation results according to the policy and initiative of the institution)
Document and Information of the Company
8) Reasons for company to employ a foreigner rather than a Turkish citizen
9) Time period for the requested work permit
10) That the application has been made before the end of 1 year starting from the date of previous rejection of work permit application
11) If the financial statement of the company is suitable for employing third parties
12) Capital structure of the company (It is necessary for the applicant partner of company to have a minimum of %20 of share of capital, not less than 40.000 TL)
13) Endorsement of the last year, import of the last year (It is necessary that company’s paid capital is at least 100.000 TL, gross sales are at least 800.000 TL or sum of export in the last year are at least 250.000 USD)
14) Number of Turkish employees who currently work in the company
15) Number of foreign employees who currently work in the company
16) That the company has competence to employ a foreigner
17) If the company has SSK debt
(Articles 8-17 are about the information and documents of the company and competency of these and it is necessary that they meet the criteria required by the Ministry)
18) If the company has tax debt
19) That the foreigner is covered by insurance for extensions
20) If the wage to be paid is in compliance with the performance of the job and our national regulations (if it is below the minimum wage) and monthly wages to be paid to the foreigner complies with the duty and competency of the foreigner.
(For engineers and architects for whom prior authorization is required, executives and pilots, 6,5 times of the minimum wage,
For engineers, architects and unit or branch managers , 4 times of the minimum wage,
For teachers and those who will work in jobs which require expertise, 3 times of the minimum wage,
For foreigners who will work in home services and other occupations, 1,5 times of the minimum wage)
21) If there are at least 5 Turkish citizens employed in the applicant company
22) If there are at least 5 Turkish citizens employed for each of the foreigners if work permit is requested for more than one foreigner by the same company
23) If liabilities concerning social security has been fulfilled by the company
Document and Information of the Foreigner
24) References of the foreigner
25) That the foreigner has vocational and personal qualities to generate added value to Turkey and his/her company (It is checked if there is anyone who has the necessary qualities to perform the same work in the country for 4 weeks)
26) That there is necessary work visa or valid residence permit (at least of 6 months)
27) That the foreigner has obtained residence permit within 30 days starting from the date of entrance to Turkey.
28) Vocational and academic competency of the foreigner and compliance of the company with the actual field of business
29) That the school from which the foreigner graduated is in compliance with working in the jobs relevant to his/her occupation
(Articles 24-29 are about the information and documents of the company and competency of these and it is necessary that they meet the criteria required by the Ministry)
30) That documents of the company and the foreigner are in compliance with the legal and practical needs
31) That the company and the foreigner have fulfilled the legal obligations
32) The compliance of the previous works of the foreigner with national and international regulations
33) If the employer has made electronic application and conveyed to the Ministry within 10 work days following the electronic application of the foreigner made abroad.
34) If there is a person who has the same qualities to do the said work in the country within 4 weeks
35) When evaluating the work permit and extension applications; time period of the residence and work permits of the foreigner and the situation in work market according to the time period of the work or work contract
36) Developments in business life
37) Changes in sectorial, geographical and economic conjuncture concerning employment
38) When evaluating the reasons to justify the employment of a foreigner, educational background of the foreigner and information to indicate the special qualities of the work
39) Contribution of the applicant company to the national economy
40) If it is notified that there is a same quality demand from Turkey for the same position in the applicant company
41) If the applicant company has tax and SSK debts.
WORK PERMIT FOR DIRECT FOREIGN INVESTMENTS
Work permits of the foreign personnel to be employed within companies, branch offices and contact offices which operate within Direct Foreign Investments Law numbered 4875 are evaluated. Applications of foreign key personnel to be employed in direct foreign investments and contact offices, which pose specialty,are evaluated within this branch.
Work permit requests of executives of grand industry institutions and key personnel to be employed in direct foreign investments posing specialty within the 4th article of the Regulations Concerning Employing Foreign Personnel for Direct Foreign Investments are evaluated by a Branch Office. Files are concluded within maximum 15 days.
However provisions of Implementation Regulations of the Law Concerning Foreigners’ Work Permits and Law numbered 4817 are applied for work permits of any other personnel than these.
Criteria for Direct Foreign Investments Which Present Specialty in 2012
As per the Regulations Concerning Employment of Foreign National Personnel in Direct Foreign Investments published in Official Gazette numbered 25214 and dated 29/8/2003, companies or branches which are within the Law numbered 4875 and provide at least one of the conditions listed below are considered (Mentioned amounts of Turkish Lira are reached by increasing at the rate of revaluation determined every year)
a- That the last year’s endorse of the company or branch is at least 74,1 million TL provided that total shares of foreign partners are at least 985,799 TL
b- That the last year’s export of the company or branch is at least 1 million USD provided that total shares of foreign partners are at least 985,799 TL
c- Employment of at least 250 personnel registered to the Social Security Institution by the company or branch during the last year provided that total shares of foreign partners are at least 985,799 TL
d- If the company or branch is to invest, that predicted minimum fixed amount of investment is at least 24,7 million TL
e- That the main company has direct foreign investment in at least one other country except for the country in which its main office is located.
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:
a. 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
b) Persons who have basic information about the services, survey instruments, techniques or management
c) 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. If the occupation of the foreigner stated on diploma is architect, engineer or city planner, he/she has to give commitment letter approved by notary or consulate to indicate that he/she will not perform his/her occupation.
DOCUMENTS REQUIRED FOR THE FIRST APPLICATION
Documents required from the employer institution
1. Work permit application petition (To be scanned during the electronic application, also sent by the employer in paper with wet signature)
2. 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)
3. Turkish Trade Registry Gazette which indicate the structure of partnership and capital of the institution (To be scanned and sent online during electronic application)
4. The last year’s balance sheet and statement of profit and loss approved by tax offices or certified public accountant (To be scanned and sent online during electronic application)
5. Documents and information to prove that the company is within Direct Foreign Investments Posing Specialty (To be scanned and sent online during electronic application)
6. Letter which certifies that the institutions (including consortia), which has gained the right to carry out the projects initiated an international tender by the public organizations and institution, undertake the work they will receive from the relevant organization and institution (To be scanned and sent online during electronic application)
7. For legal entities to employ foreign experts within engineering, architecture, construction business and consultancy services, copy of the contract made with the foreigner and payroll indicating that a Turkish engineer/architect/city planner is employed for the same vocation (To be scanned and sent online during electronic application)
8. Notary approved power of attorney of the person who has the authority to make electronic application as “user” on the name of the institution to employ the foreign personnel or document to indicate that the user works in the applicant institution (To be scanned and sent online during electronic application)
DOCUMENTS REQUIRED FROM THE FOREIGNER
1. For the applications made from Turkey, a residence permit valid for at least 6 months and on the date of application, except for those for education purposes (To be scanned and sent online during electronic application)
2. If the applicant does not have a valid residence permit, he/she has to apply for work permit and visa by submitting work contract or company partnership to the representatives of Republic of Turkey in his/her country of citizenship or residence
3. If the foreigner in the status of key personnel to be employed in a company meeting at least one of the criteria of direct foreign investments posing specialty is proved (submitting approved copy of the visa and entry date part of the passport)legally in Turkey, application can be made directly to our ministry. These are required to obtain work visa from the representatives of Republic of Turkey abroad, enter into Turkey and apply to the security authorities to obtain residence permit to obtain residence permit within 30 days following the date of entry
4. If the foreigner is a key personnel, information and documents provided in 10/b article of the Regulations Concerning Employment of Foreign Personnel by Direct Foreign Investments (Scanned documents requested at other articles are not to be uploaded again. The rest are to be scanned and sent online during electronic application)
5. Copy of passport Turkish translation of which is approved by the official authorities or certified translator, (To be scanned and sent online during electronic application)
6. Copy of temporary graduation letter or diploma with Turkish translation and approved by the notary for the foreigners who are to work within vocational services and other professions found necessary by the Ministry , (To be scanned and sent online during electronic application, also in paper)
7. “Diploma or Temporary Graduation Letter” obtained in accordance with “Equivalence Regulations of Higher Education Diplomas Abroad” as per the 3th and 7/p articles of the law numbered 2547 in addition to the documents mentioned above for foreigners who request work permit within vocational services if they received education abroad,
ADDITIONAL DOCUMENTS FOR FOREIGNERS WHO REQUEST WORK PERMIT WITHIN VOCATIONAL SERVICES
1. Diploma or Temporary Graduation Letter” obtained in accordance with “Equivalence Regulations of Higher Education Diplomas Abroad” as per the 3th and 7/p articles of the law numbered 2547 in addition to the documents mentioned above for foreigners who request work permit within vocational services if they received education abroad,
2. Documents, taken in last 6 months to indicate that they perform their vocation, that they are a member of professional organization in his/her own country and that they have not gotten prohibition from vocation
3. If he/she provides consultancy or technical schooling services, work description document and copy of contract (between company-company or company-individual)
4. If the engineers, architects or city planners provide services as experts for any kind or scale consultancy or technical schooling or prepare projects for those international tender is initiated by public organizations or institutions and has signing authority, letter of commitment, approved by notary or consulate, stating that remain exclusively for this job
5. For legal entities to employ foreign experts within engineering, architecture, construction business and consultancy services, copy of the contract made with the foreigner and payroll indicating that a Turkish engineer/architect/city planner is employed for the same vocation.
DOCUMENTS REQUESTED FROM THE COMPANY
1. Work permit request petition addressed to Ministry of Labor and Social Security
2. Information and documents to prove that it is within the 4th article of Regulations Concerning Employment of Foreign Personnel in Direct Foreign Investments (stated above)
3. Balance sheet and statement of profit-loss of the last year approved by tax office.
4. The original or copy, approved by the institution, of Turkish Trade Registry Gazette which indicates the last capital and partnership structure of the institution
5. If the foreign is involved in social security system in his/her own country, proving document given by the official authorities of his/her country and copy of Turkish translation approved by notary
6. Last month’s premium roll of Turkish and foreign personnel in the applicant company, indicating the registry to SSK or Bağ-Kur