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Author Topic: Application Regulations for the Law on Work Permits of Foreigners (Act No: 4817)  (Read 7922 times)

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APPLICATION REGULATIONS FOR THE LAW ON WORK PERMITS OF FOREIGNERS


SECTION ONE
General Provisions

PART ONE
Objective, Scope, Basis and Definitions

 

Objective and Scope
Article 1- The objective of the present Regulations is to arrange the procedures and principles related to the granting, restriction, annulation of all kind of work permits, foreigners to be kept exempt from the work permit as well as how to fulfil the advice liabilities, of foreigners to work in Turkey, in the framework of the Law on Foreigners’ Work Permits number 4817.

 

Basis
Article 2- The present Regulations has been prepared based on article 22 of the Law on Foreigners’ Work Permits number 4817.

 

Definitions
Article 3- As for the application of the present Regulations;

Ministry shall mean the Ministry of Labour and Social Security,

Law shall mean the Law on Foreigners’ Work Permits Number 4817,

Regulations shall mean the Application Regulations for the Law on Foreigners’ Work Permits,

Legal Working shall mean working with social security premiums being paid or exempt, along with the liabilities arranged by the legally granted work permit, residence and other relevant laws as well as regulation provisions,

Residing together shall mean residing under the same roof in accordance with the provisions of the Civil Law,

Relevant Authorities shall mean the related Ministries, public institutions and establishments as well as professional institutions with the characteristic of a public institution,

Academical Efficiency shall mean the certificate which has to be obtained for the purpose of evidencing the professional title of any foreigner who has undergone graduate (Bachelor’s) studies abroad, who wish to render service in the framework of the professional services requiring specialization, based on the Law of Higher Eduction Number 2547, and which is the precondition for the acknowledgement of professional efficiencies,

Professional Services shall mean the services requiring specialization, which may be presented by fulfilling the academical and professional efficiency requirements (These services are subject to national and international efficiency requests and License requests and procedures.)

Professional Efficiency shall mean the completion by the service renderer, in view of ensuring service quality, of the professional efficiency request and procedures after having fulfilled the requirement of the academical efficiency, (Preconditions of professional efficiency are the facts that the service renderer is a member of the professional association in his/her own country, that the certificate evidencing his/her execution of his/her profession is issued by the professional association he/she is a member of , and that the latter features sufficient experience in the field he/she shall be employed in.)

Efficiency Requests shall mean the education, examination, practical apprenticeship, experience, language or similar requests which a person supposed to render professional service has to fulfil in order to obtain a certificate or license.

Efficiency Procedures shall mean the administrative requirements or formal processes related to the completion of efficiency requests,

License Requests shall mean, different from the efficiency requests, the independent requests being the requirement of official permission which a persons supposed to render a service has to obtain,

License Procedures shall mean the administrative procedures related to the application and processing course for enabling the application for license, (These comprise the processing period, number of documents or amount of information for the license application.)

Key Personnel: The personnel of any company being incorporated in Turkey and being a corporate body, featuring at least one of the following conditions shall be considered as “Key Personnel”;

1) Working in the company’s senior management or executive position,
2) Managing the entire or a part of the company,
3) Supervising or checking the works of the company’s auditors, administrative or technical personnel,
4) Taking new personnel to the company or terminating the employment of those existing or making suggestions in this subjects;

any person in charge of at least one of the above fields or authorized in these matters; acting in the position of the company’s associate, chairman of the board of directors, member of the board of directors, general manager, general manager associate, company manager, company manager associate and similar positions.

Expert shall mean any person featuring any knowledge, which is considered essential for the establishment’s services, research devices, techniques or management and which is not known by everybody, (In order to inspect that any such information is present, not just data specific to the establishment shall be taken into consideration, but at the same time it shall be examined by the relevant authorities whether this person features a high quality level related to any task requiring special technical know-how).

 

PART TWO
Applications for Permit and Extension of Permit

 

Authorities for Application
Article 4- Applications may be filed with representations of the Republic of Turkey abroad, and directly to the Ministry domestically.

 

Form of Application and Granting Permit
Article 5- All applications to be made in the framework of the present Law have to be realized by a written request to the authority stipulated in the Regulations, the form and documents attached to the Regulations have to be filled in in the way as described in the form’s explanatory section and all documents stated in the form’s annex have to be enclosed to the letter of application.

Documents to be requested by the Ministry apart from the documents foreseen in the present Regulations shall be determined according to the national regulations and changing socio-economical conjuncture.

Work permits shall be granted by the Ministry in written form. For the residence permit to be granted to the foreign person supposed to render professional service, who has been granted a work permit or whose work permit has been extended, the condition of temporary membership to the relevant professional chamber is sought.

 

Application to be filed from Abroad
Article 6- Foreigners shall apply abroad for their work permit at the representations of the Republic of Turkey in the country of their nationality or their permanent residence.

The representations shall send these applications directly to the Ministry along with their probable assessments related to the request for work permit.

The representations of the Republic of Turkey as well as the Ministry conduct the transactions related to the work permit applications to be filed from abroad by means of electronic mails. Whereas the documents requested during the application shall be submitted to the Ministry by the employer of the foreigner within three working days the latest from the date of the foreigner’s application to the Representation.

In this case, the period of ninety days as stated in article 12 of the Law starts on the day on which all documents have been passed on to the Ministry.

 

Applications to be filed Domestically
Article 7- Domestically, application may be filed directly to the Ministry just by foreigners, who have obtained a residence permit of at least six months duration and whos term has not terminated, or their employers.

Except for residence permits granted for purpose of education in Turkey, foreigners who have obtained a residence permit for at least six months based on any reason and who have been granted a work permit within this period of permit, shall not be required to obtain a work visa through external representations of Turkey. However, for foreigners supposed to work in fields which are or may become subject to human trade, the subject whether or not the latter has resided for six months shall not be taken into consideration, and each time the condition of obtaining a work visa from our external representations is sought.

The applications for work permit of foreigners who have come to Turkey by making use of touristic visa or visas apart from the purpose of working or the visa exemption programme between two countries and other visa facilities, and who do not have any residence papers shall not be accepted from within the country.

 

Applications for Extension
Article 8- The request for extension of the work permit shall be made by the foreigner or the latter’s employer directly to the Ministry by enclosing the application form and the original of the former work permit to the documents mentioned in the attachment to the Regulations.

For the extension of a work permit the period of which has expired, application for extension has to be filed within fifteen days the latest from the end of the period. Applications for extension filed after this period shall be subject to the principles applied to foreigners realizing their initial application.

Under the condition of remaining within a period of two months the latest backwards from the date of the work permit’s termination, application for extension may also be filed prior to the end of the permit’s period.

In case the work permit is extended, the starting date of the work permit extended, is the date on which the terminating work permits ends.

Foreigners applying for the extension of their work permit, may carry on their activities at the same worksite and profession during the time passing untel the conclusion of the application for the work permit’s extension, under the condition that the duty assigned to them does not change in nature.


These foreigners shall be accompanied with the certificate given by the Ministry evidencing that they have filed an application for extension to be valid for the period they are active at the worksite. This document shall be valid for a period of ninety days from the date it is issued. The Ministry shall enter an explanatory record related to the subject on the document.

The working of the foreigner being accompanied by this certificate shall be considered as legal working in terms of any consequences to occur. During this period, the legal liabilities of the relevant authorities and the employer shall continue.


PART THREE
Assessment of the Applications for Permit and Extension of Permit

Determination of Lacking Documents by the Ministry
Artcle 9- In case the Ministry determines that the application has been filed with lacking documents, the applicant shall be advised with the request for completing the lacking documents. In this case, the period of ninety days as stipulated in Article 12 of the Law shall start as per the date on which the lacking documents have been passed over to the Ministry.

Obtaining Comments from Relevant Authorities
Article 10- The Ministry sends the application to the relevant authorities and asks them for their comments.

The relevant authorities shall advise their comments to the Ministry within thirty days the latest starting from the the Ministry’s record outgoing date. The relevant authorities, in case of necessity, may ask for a reasonable additional time period.

The Ministry and relevant authorities shall collaborate with each other in terms of tools, devices and methods to faciliate communcation, including electronic mail, related to how to convey the advices.


Comments not advised within ist period and any additional time granted, shall be accepted as affirmative by the Ministry.

For applications for the work permit’s extension the Ministry shall not ask for the comments of the relevant authorities. However, this incident is included in the scope of professional services and is just valid, unless the nature of the duty to be assigned to the foreign changes.

Determination of Lacking Documents by the Relevant Authorities
Article 11- Upon the requests of the relevant authorities to complete the lacking documents and following the Ministry’s ensuring the completion of the lacking documents, the procedure on obtaining the comments of the relevant authorities shall be repeated. In this case, the period of ninety days as stipulated in Article 12 of the Law shall start as per the date on which the lacking documents have been passed over to the Ministry.

Examination of the Documents by the Relevant Authorities
Article 12- The relevant authorities asked for comments by the Ministry pursuant to articles 13, 26, 27, 28, 29, 30, 31 and 32 of the Law shall, while making their assessments related to the application for work permit, also do the necessary studies of the information and dcuments enclosed to the application, in the scope of their own duties and powers.

While examining the validity of the information and documents, the relevant authorities shall also take into consideration the reasons for the annulation of the work permit as stipulated in Article 22, first item of the Regulations.

Assessment during the Granting or Extension of Permits
Article 13- The Ministry evaluates the application for work permit by taking also into consideration the comments of the relevant authorities. However, the provision of Article 10, fifth item of the Regulations is reserved.

In the evaluation of the applications for work permit and permit extensions the Ministry shall, unless otherwise foreseen by bilaterial or multilateral contracts to which Turkey is a party, take into consideration the status of the commercial market, developments in business life, sectoral, geographical and economical conjunctural changes related to employment, under the condition of remaining exclusive for this job, at a certain worksite or operation and certain profession according to the term of the employment contract and the period of employment as well as the foreigner’s residence and work permit term.
In the framework of these assessment criteria, to be taken into consideration by the Ministry’s assessments pursuant to article 12 of the Law; and also considering the provisions of the bilateral or multilateral contracts to which Turkey is a party; “business and professions considered not suitable for employment of foreigners” based on provinces, shall be reported to the Ministry in periodical intervals of four weeks by the Turkish Employment Agency. They shall advise their assessments probable to occur outside periodical terms separately without waiting for the four-weekly reports.

During the evaluation to be performed by the Ministry for employment of foreigners instead of employment domestically, the Ministry shall decide by taking also into consideration the job’s special characteristic as well as documents such as the foreign personnel’s testimonial, letter of reference, letter of authorization or letter of acceptance approved by competent authorities, to justify the employment of the foreigner, along with the documents to be requested during the application.

The Ministry may also ask for the comments of the said institution by communicating to them the application and additional information and documents, to be essential for its assessment described in the third and fourth item.


Periods to be Included in the Legal Working
Article 14- Annual leaves, industrial accident and professional disease, sickness and maternity leaves, periods for which allocations for temporary unemployment as well as unemployment insurance allocation is received, are included in the legal working time.

Working Times and Interruption of Residence Permit
Article 15- In terms of the work permits, Uninterrupted Residence means the residence and working period including also the periods mentioned in article 9 of the Law and the residence permit granted in conformity with the relevant laws.

Working periods passing abroad of any foreign employee, who is send abroad by his/her employer temporarily and by leave for business purposes, and whose premiums are paid to the Turkish social security institution, shall be included in the residence and working periods.

However, the residence of any foreigner who has failed to prolong his/her residence papers for more than six months, despite his/her staying in Turkey, shall be considered as interruption in terms of work permits.


PART FOUR
Decisions on Permit and Extension and Communicating the Decisions
to the Relevant Authorities

Decision
Article 16- The Ministry decides as a result of the evaluation, taking also into consideration the points of view of the relevant authorities. The provision of article 10, fifth item of the Regulations is reserved.

Decision of Correction
Article 17- In case it is later on comprehended that there is a material fault in the decisions adopted according to the present Law, the Ministry shall directly adopt the decision of correction or amendment. The decision with reasons shall be advised to the parties.

Communication of the Ministry’s Decision to the Relevant Authorities
Article 18- The Ministry shall advise the decision of the work permit, in case of applications filed from abroad, to the representation of the Republic of Turkey to be communicated to the applicant; the work permit and extension decision, in case of applications filed domestically, to the foreign applicant or the employer filing the application.

The Ministry shall advise affirmative decisions related to the work permit and extension to the relevant authorities as well.

Upper Limit related to Permit and Extension
Article 19- The period of the work permit may not be longer than the employment contract or the job’s term, taking also into consideration the terms related to the granting and extension of work permits as stipulated in the Law and the Regulations.



PART FIVE
Restriction, Rejection, Cancellation, Return, Becoming Void of Permits



Restrictions of Permits and Exceptional Cases for the Restriction
Article 20- Under the condition that the rights provided by bilateral or multilateral contracts, to which Turkey is a party, are reserved and in the framework of the reciprocity principle; the work permits may be restricted, in cases required by the status in the industrial market and the developments in the working life, the sectoral and economical conjuncture conditions related to employment, for a certain period, certain agricultural, industrial or service sectors, a certain profession, business branch or as per any civil and geographical field.

However, this restriction shall not be applied while granting any work permit without time limit pursuant to the provision foreseen in article 6 of the Law.

The Ministry may make this restriction directly depending on the developments and requests.

Rejection of Request for Permit
Article 21- In the framework of the provisions foreseen in article 12 of the Law as well the provisions of jobs and professions not allowing for the employment of foreigners as stated in other laws, and in case any action contrary to the relevant national and international regulations is determined, and besides, in case of existence of the reasons stated in the first item of article 22 of the Regulations, the request for the work permit or the extension of the work permit shall be rejected.

For those to work in the framework of professional services, the foreigners have to enclose to their application forms during their application the certificates obtained by them from national and international professional organizations within the recent six months evidencing that they have not been subject to any penalty of being forbidden the profession, that they are members, that they execute their profession and also evidencing their professional efficiency. Foreigners, who have been subject to any penalty of being forbidden the profession and those without academical efficiency may not file any application.

In case it is advised that there is a request for the same job at the worksite requesting work permit, of the same quality from within the country, in the contents of the report mentioned in the third item of the Regulations’ article 13, then the Ministry shall evaluate any request for work permit or extension of work permit in accordance with the fourth item of the Regulations’ article 13. In case the foreigner’s qualities fail to be more suitable, the Ministry rejects the request for permit pursuant to item (b) of the Law’s article 14.

Applications filed despite the application restriction mentioned in the third item of the Regulations’ article 7 shall be rejected pursuant to the Law’s article 12 and 14/c.

Cancellation of Permit
Article 22- In case the foreigner works contrary to the restrictions stated in the Law’s articles 11 and 13, the national regulations in Turkey, the regulations and arrangements of the relevant authorities or in case it is determined later on that the foreigner or the latter’s employer has presented lacking, false or untrue information and documents in his/her request for work permit along with the existence of any of the incidents foreseen in article 14 of the Law, the Ministry shall cancel the work permit granted by the latter and shall advise the case to the relevant authorities and the applicant.

Besides, in case of the relevant authorities’ request with reasons, the Ministry shall make the assessment related to the cancellation.

Return of Permit Cancelled
Article 23- In case the foreign personnel, who had been given a work permit, fails to start to work or applies to work at another firm, the Ministry may, upon evaluation of the reasons, request the return of the permit granted before.

The originals of work permits cancelled have to be returned to the Ministry by the user within one week following the date of the notice.

The Permit’s becoming Invalid
Article 24- Work permits shall become invalid pursuant to the provisions arranged in article 16 of the Law.



SECTION TWO
Types of Work Permits

PART ONE
Granting and Extending Work Permits Restricted by Terms

Work Permit restricted by Terms
Article 25- Unless provided to the contrary in the bilateral or multilateral contracts, to which Turkey is a party, the work permit restricted by terms is granted for a work at a certain worksite or establishment and a certain profession and to be valid for maximum one year.

Geographical Area of Work Permit restricted by Terms
Article 26- The Ministry may extend or narrow down the area of validity of the work permit restricted by terms by taking as basis the city, administrative border or geographical area.

In case this is applied, the Ministry shall communicate this decision to the relevant authorities to whom the former advises the work permits.

Extending the Work Permit restricted by Terms
Article 27- As for the extension of any work permit restricted by terms, the periods related to extension as foreseen in article 5 of the Law shall be essential.

After a legal working time of one year, the term of the work permit may be extended for a maximum of further two years to work at the same worksite or establishment and in the same profession.

At the end of the three years legal working period, the terms of the work permit may be extended for a maximum of further three years to work in the same profession and with any employer of his/her discretion.

Applications for Work Permit restricted by Terms of the Foreigner’s Spouse and any Childen under his/her Care
Article 28- Work permit restricted by terms by also be granted to the spouse of any foreigner, having come to Turkey to work, as well as the children under the foreigner’s care, under the condition that they have legally resided with the foreigner without interruption for at least five years.

Submitting the Certificate Evidencing Legal and Uninterrupted Residence
Article 29- The fulfillment of the legal and uninterrupted residence condition of at least five years as foreseen in article 5 of the Law as well as in article 28 of the Regulations, shall be evidenced by a certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for work permit restricted by terms. The assessment of the condition of legal and uninterrupted residence for five years is subject to the matters stated in article 9 of the Law.

Calculation of Legal and Uninterrupted Residence Periods of Spouse and Children
Article 30- While assessing whether the condition has been fulfilled that the foreigner’s spouse and children have had legal and uninterrupted residence for at least five years according to article 28 of the Regulations, periods passed during education shall be considered as terms in residence.

However, in order to enable them to work, it is conditional that they are not students pursuant to the Regulations on Students of Foreign Nationality Studying in Turkey which has been released pursuant to the Law No. 2922 on Students of Foreign Nationality Studying in Turkey.


PART TWO
Granting and Extension of Work Permits without Terms and
The Relation of the Extension with Residence

Work Permit without Terms
Article 31- Unless otherwise foreseen in the bilateral or multilateral contracts, to which Turkey is a party, foreigners having been residing in Turkey legally and uninterruptedly for at least eight years or having undergone a total working period of six years in Turkey, may be granted a work permit without terms without taking into consideration the status of the industrial market and the developments in business life and in case of approval of the relevant authorities; without being restricted with any certain operation, profession, civil or geographical area.

Submitting the Certificate Evidencing Legal and Uninterrupted Residence
Article 32- The fact that the foreigner has fulfilled the condition, which has been foreseen in article 6 of the Law, of having had a legal und uninterrupted residence for at least eight years, shall be evidenced by the certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for work permit without terms. The assessment of the condition of legal and uninterrupted residence for eight years is subject to the matters stated in article 9 of the Law.


Calculation of the Legal and Uninterrupted Residence Periods of the Foreigner, his/her Spouse and Children
Article 33- While evaluating whether the condition has been fulfilled that the foreigner has legally and uninterruptedly resided for at least eight years; periods passed during education are not taken into consideration. However, pursuant to item 4 of article 5 of the Law, the educational periods of the foreigner’s spouse and children, who have come to Turkey together with the foreigner, have resided together with the foreigner and having undergone education at the same time, are considered as residence terms.

However, in order to enable them to work, it is conditional that they are not students pursuant to the Regulations on Students of Foreign Nationality Studying in Turkey which has been released pursuant to the Law No. 2922.

Calculation of Legal Working Time and Submitting the Certificate Evidencing This Incident
Article 34- The fact that the condition foreseen in article 6 of the Law, that the foreigner has to have legally worked for a total of six years, has been fulfilled shall be evidenced by a certificate to be obtained from the relevant authorities and this certificate shall be presented to the Ministry along with the other documents during the application for work permit without terms.
The assessment of the condition of legal and uninterrupted residence for a total of six years of legal working is subject to the matters stated in article 9 of the Law.


Residence Permit to be Granted Depending on the Work Permit without Terms
Article 35- The residence permit periods of foreigners, who have been given the work permit without terms, shall be determined by the Ministry of Internal Affairs in accordance with the regulations related to the foreigners’ residence and voyages in Turkey.

The work permit without terms shall be used depending on the residence permit unless there is any change in its scope.

In case the police authorities do not extend the periods of residence permits granted based on any work permit without terms, the Ministry shall be advised.


PART THREE
Granting and Extension of Independent Work Permits and
The Relation of the Extension with Residence


Independent Work Permit
Article 36- The independent work permit may be granted under the condition that the foreigners have resided in Turkey legally and uninterruptedly for a period of at least five years, that their activities create an added value in terms of economical growth and have a positive influence on employment.

While determining the influence on employment, the points of view of the relevant authorities shall be taken into consideration as well.

Foreigners included in the scope of professional services, in the framework of the relevant regulations, shall along with the other documents submit to the Ministry a certificate, which they have obtained from the relevant authorities, evidencing that they execute their professions.



Submitting the Certificate Evidencing Legal and Uninterrupted Residence
Article 37- The fact that the foreigner has fulfilled the condition, which has been foreseen in article 7 of the Law, of having had a legal und uninterrupted residence for at least five years, shall be evidenced by the certificate to be obtained from the police authorities. This certificate shall be presented to the Ministry along with the other documents during the application for independent work permit. The assessment of the condition of legal and uninterrupted residence for five years is subject to the matters stated in article 9 of the Law.


Calculation of the Legal and Uninterrupted Residence Periods of the Foreigner, his/her Spouse and Children
Article 38- While evaluating whether the condition has been fulfilled that the foreigner has legally and uninterruptedly resided for at least five years; periods passed during education are not taken into consideration. On the other hand, pursuant to item 4 of article 5 of the Law, the educational periods of the foreigner’s spouse and children, who have come to Turkey together with the foreigner, have resided together with the foreigner and having undergone education at the same time, are considered as residence terms. However, in order to enable them to work, it is conditional that they are not students pursuant to the Regulations on Students of Foreign Nationality Studying in Turkey which has been released pursuant to the Law No. 2922.

Residence Permit to be Granted Depending on the Independent Work Permit
Article 39- The residence permit periods of foreigners, who have been given the independent work permit, shall be determined by the Ministry of Internal Affairs in accordance with the regulations related to the foreigners’ residence and voyages in Turkey.

The independent work permit shall be used depending on the residence permit unless there is any change in its scope.

In case the police authorities do not extend the periods of residence permits granted based on any independent work permit, the Ministry shall be advised.

Other Documents which may be Requested along with the Documents Essential for the Independent Work Permit
Article 40- For the purpose of being taken into consideration while evaluating the independent work permit, the documents evidencing the contribution of the foreigner’s activities to the national economy and that the foreigner has sufficient income for the activity the latter shall perform, may be requested to be presented to the Ministry along with the other documents.

Certificate of Application for Independent Work Permit
Article 41- Any foreigner considered appropriate to be granted an independent work permit, shall be delivered a “Certificate of Application for Independent Work Permit” related to the latter’s permission to work independently.

Validity of Certificate of Application for Independent Work Permit
Article 42- The certificate of application for independent work permit is valid for a period of three months from the date it has been issued. The foreigner may be granted the independent work permit, after having established his/her worksite, in case the latter submits his/her trade register record to the Ministry.

In case the independent work permit is not granted to the foreigner, the Ministry shall advise the department keeping the trade register records and the police authorities in order to be able to assess the foreigner’s status in Turkey in terms of the residence permit and, if necessary, to prevent the foreigner’s unpermitted residence.


PART FOUR
Exceptional Cases

Exceptional Cases
Article 43- Unless otherwise foreseen in the bilateral or multilateral contracts, to which Turkey is a party; under the condition of not acting contrary to the national regulations and complying with the regulations on professional services, work permits may be exceptionally granted to foreigners, whose status is mentioned in the following articles, by taking into consideration the comments of the relevant authorities.

The extension and cancellation of exceptional work permits is subject to the procedures in the general provisions of the Regulations. Besides, exceptional work permits shall also be cancelled in case it is determined that the requirements of the relevant professional regulations have not been fulfilled. Decisions as to the granting, cancellation and extension of exceptional work permits shall be communicated to the relevant authorities.

Foreigners married to Turkish Citizens
Article 44- Foreigners married to a Turkish citizen and living in Turkey with their spouse in the marital union, and who stay in Turkey legally without being subject to any condition of time for residence, may apply directly to the Ministry for exceptional work permit.

In case the marriage is terminated prior to marriage period’s having completed three years or in case it is determined that the marriage has not been realized for establishing the marital union, the work permit becomes invalid. Continuing to work with this certificate is considered in the scope of illegal working and emloyment. The Ministry shall record explanatory notices related to this matter on the work permits granted in this framework.

Foreigners Considered to have Settled Down
Article 45- Work permits of foreigners who have settled down in Turkey, along with the fact that their marital union with a Turkish citizen has ended after a period of at least three years, may be exceptionally granted under the condition that they stay in Turkey legally.

The concept foreigner settled down means any person observed by the Ministry of Internal Affairs in this framework in terms of residence permits. These foreigners have to present the certificate, which they have obtained from the police authorities and evidencing their status, to the Ministry during their application along with the other documents.

Childern of Foreigners Considered to have Settled Down
Article 46- Work permits of children from the Turkish spouse of foreigners who have settled down in Turkey, along with the fact that their marital union with a Turkish citizen has ended after a period of at least three years, may also be exceptionally granted under the condition that they stay in Turkey legally.


Persons losing the Turkish Citizenship
Article 47- In case foreigners included in the scope of articles 19, 27 and 28 of the Turkish Citizenship Law number 403 apply for work permit, work permits may be exceptionally granted under the condition that they evidence their status during the application with the Ministry.

Foreigners having come to Turkey and Completed their Studies prior to Completing their Age of Maturity
Article 48- In case foreigners, who have been born in Turkey or who have come to Turkey before completing their age of maturity according to their own national law, if without nationality, then according to the Turkish regulations, and who have graduated in Turkey from any training college, academy or university, apply for work permit, their work permits may be exceptionally granted under the condition that they evidence their status during their application to the Ministry.

Foreigners in the Framework of the Settling Law number 2510
Article 49- In case foreigners, who are considered emigrant, refugee or nomad according to the Settling Law number 2510, apply for work permits, their work permits may be exceptionally granted under the condition that they evidence their status during their application to the Ministry.

Citizens of European Union Countries as well as their Spouse and Children
Article 50- In case citizens of the European Union countries as well as their spouse and children not being citizens of the European Union countries, apply for work permits, they may be exceptionally granted their work permits.

The provisions of articles 6 and 7 of the Resolution no. 1/80 of the European Economical Community – Partnership Council of Turkey, which is more favorable for these foreigners’ entering the business market, is reserved in relation to the article 11 of the said Resolution.

Foreigners Commissioned with the Representations of Embassies, Consulates and International Institutions in Turkey as well as their Spouse and Children
Article 51- The work permits of those employed in the service of diplomats, administrative and technical personnel commissiond with representations of international institutions, embassies as well as consulates of foreign countries in Turkey, and of spouses and children of diplomats and administrative and technical personnel commissioned with embassies, consulates and international institutions in Turkey, under the condition of being in the framework of reciprocity and being restricted with the period of the assignment, may be granted exceptionally in accordance with the points of view of the said Ministry.

Foreigners Coming on a Short-Term Basis for Scientific, Cultural and Sportive Purposes
Article 52- In case foreigns, who shall come to Turkey for a period exceeding one month for the purpose of scientific and cultural activities and for a period exceeding four months for sportive purposes, apply for work permits, their work permits may be exceptionally granted for the period they shall stay in Turkey.

Foreigners featuring the Status of Key Personnel
Article 53- In case foreigners featuring the status of key personnel, who are supposed to be employed in the acquisition of goods and services, the performance of a task or the operation of a plant, besides, in construction and all kind of building works, by means of contracts or tenders by legally authorized ministries as well as public institutions and establishments, apply for work permits, the work permits for the period stated in the contract or tender may be exceptionally granted.

Work Permits of Foreign Instructors at Schools active in the framework of Embassies or Consulates in Turkey, Foreigners Commissioned with Cultural Institutions as well as Foreigners to be Commissioned with Religious Institutions
Article 54- The foreign instructors at schools active in the framework of the embassies or consulates in Turkey, the officials of foreign countries’ cultural institutions in Turkey, religious officials to be commissioned with religious institutions, shall be granted the residence permits to work by the Ministry of Internal Affairs.

Applications for permits in these matters shall be made through the Ministry of Foreign Affairs. .


SECTION THREE
Exemptions from Work Permit, Liability of Notification,
Power of Supervision and Collection of Fees

PART ONE
Exemptions from Work Permit

Exemptions
Article 55- The provisions stipulated by special laws being reserved and under the condition that the foreigner as well as his/her employer fulfil their liabilities arising out of other laws, the following shall not be required to obtain any work permits:

a) Persons kept exempt from work permit by means of bilateral or multilateral contracts to which Turkey is a party,

b) Foreigners, whose permanent residence is abroad, and who are coming to Turkey for a period of less than one month for scientific, cultural and artistic activities, and for a period of less than four months for the purpose of sportive activities,

c) Those coming to Turkey for the assembly, maintenance and repair works of any machinery and equipment imported to Turkey, for rendering the training of their use or for taking delivery of the equipment, for a period not exceeding three months and under the condition of evidencing this incident by the documents to be presented by the latter,

d) Those staying in Turkey for training related to the use of goods and services exported from Turkey or imported to Turkey, under the condition of not exceeding three months and evidencing this incident by documents to be presented by the latter,

e) Those staying in Turkey for show and similar duties at fairs and circuses, under the condition of not exceeding three months and evidencing this incident by documents to be presented by the latter,

f) Those coming in order to obtain information and experience at universities as well as public institutions and establishments, under the condition of not exceeding three months and evidencing this incident by documents to be presented by the latter,

g) Those notifying to the relevant authorities that they may provide significant services and contributions to Turkey in a period not exceeding one month in sociocultural and technological fields as well as training subjects.

However, in case the service periods of foreign architects, engineers and town-planners subject to provisions of exemption included in the framework of professional services exceeds one month, they have to obtain the work permit from the Ministry, become a temporary member of the relevant professional chamber and comply with the practices of national institutions and establishments.

Exemption terms may not be extended. Besides, the foreigner shall benefit from the provisions of exemption just once in the same year.

The foreigners mentioned in this article shall notify their purpose of coming, information such as how long and where they intend to stay to the police authorities of the place where they stay. As for these notifications, there is no necessity for attending personally.

Letter of Confirmation for Exemption from Work Permit
Article 56- For foreigners exempt from the work permit, a „Letter of Confirmation for Exemption from Work Permit“, the form and contents of which is to be determined by the Ministry, shall be issued upon their request.


PART TWO
Liability of Notification, Power of Control and Collection of Fees

Liabilities of Notification
Article 57- The liabilities related to notification arranged in article 18 and 19 of the Law and the Temporary Clause 2 and Temporary Clause 3, are fulfilled in the cases foreseen by Law and within the periods foreseen by Law, by filling in the Foreign Personnel Application Form enclosed to the Regulations.

These notifications are also send to the Ministry by e-mail.

Power of Control
Article 58- The Ministry’s business inspectors and the Social Security Institution’s insurance inspectors supervise in accordance with the provisions of current Industrial Law’s section headed Control and Inspection of Business Life, whether the liabilities attributed to foreigners and the foreigners’s employers in the Law and the Regulations.

The inspection and control personnel of the administrations with supplementary budget and the departments included in the general budget, also control, during all kind of control and examinations, which they shall performed at the worksites pursuant to their own regulations, whether employers employing foreigners and the foreigners fulfil their liabilities arising out of the Law. The control results shall be notified to the Ministry as well.

The Ministry communicates the control results to the relevant authorities if the former considers it necessary.

Collection of Fees
Article 59- The work permits and period extensions to be granted to foreigner are subject to fees according to section (IV) of the tariff number (6) associated with the Law of Fees number 492.

The Ministry of Foreign Affairs is authorized to determine the work permit fees taking into consideration the principle of reciprocity.


SECTION FOUR
Other Provisions

Work Permits of Foreigners Supposed to Work in the Framework of the Private Educational Institutions Law
Article 60- Pursuant to article 29 of the Law; foreigners supposed to work in the framework of the Private Educational Institutions Law number 625 dated June 8, 1965, are subject to the provisions of the Law and Regulations. The work permits of foreigners in this framework are granted by the Ministry pursuant to the provisions of the Law and Regulations.

Regulation Arrangements of Relevant Authorities
Article 61- The relevant authorities shall make their internal arrangements related to the application of the Law and Regulations within one month the latest from the date on which the Law is put into force.


Membership of Foreigners to Work in the Scope of Professional Services, with the Relevant Professional Institutions
Article 62- Engineers, architects and town-planners having obtained the work permit by means of the applications made from abroad in the framework of professional services, have to become members with the relevant professional chamber within one month the latest from the date they have made their entrance to Turkey.

The start of the membership liability of foreigners in this situation shall start with the date of their entrance to Turkey.

As for the granting of residence permit in association with the work permit related to professional services, the condition of membership to the relevant professional chamber is sought.


SECTION FIVE
Final Provisions

Validity
Article 63- The present Regulations are put into force on Sept.6, 2003.

Enforcement
Article 64- The provisions of the present Regulations are enforced by the Minister of Labour and Social Security.






FOREIGN PERSONNEL APPLICATION FORM ANNEX-1
(please fill in in 4 copies)



A.INFORMATION ABOUT EMPLOYER / INSTITUTION /
ESTABLISHMENT

1. Name / Title:

2. Address of Head Offices in Turkey:

----------------------------------------------------------------------

----------------------------------------------------------------------

----------------------------------------------------------------------
3. Address where the Foreign Personnel shall work:
--------------------------------------------------------------------------------------------
Phone and e-mail address: --------------------------------------------------------------
4. Residence Address of the Foreigner: (This information shall be adviced to the Ministry in the framework of the liability of notification pursuant to article 57 of the Regulations as per the provinces and counties. In case of address changes occuring later on, the Ministry shall be notified separately.)
5. Statistical Regional Units Classification of the Place of Employment (pursuant to the Decree number 2002/4720 dated August 28, 2002 published in the Official Gazette no. 24884 dated Sept.22, 2002):
Level III ¬¬!__! Level II !__! Level I !__!
6. Capital Structure : Domestic Capital !__! Foreign Capital !__!
7. Type of Company: 1-Ordinary Partnership !__! 2-Collective Corporation !__!
3-Limited Company !__! 4-Joint-Stock Company !__!
5-Other, please specify ................................
8. Subject of Activity:
9. Establishment’s Social Security Institution Registration Number :
10. Tax-Office and Number:
11. Date of Foundation:
12. Registered Capital (TL) :
13. Paid-up Capital (TL) :
14. Turnover of Last Year (TL) :
15. Exports of Last Year (US Dollar) :
16. Total Turkish Personnel Still Working at Foundation; (Additional List may be enclosed.)
Number Profession Function
............... .................. ...................
............... .................. ...................
............... .................. ...................
17. Foreign Personnel Still Working at Foundation; (Additional List may be enclosed.)
Name/Surname Nationality Profession Function Institution issuing
Work Permit/ Date-Number
..................... ............... ................ .............. ....................................
B. INFORMATION ABOUT THE FOREIGN PERSONNEL FOR WHOM THE WORK PERMIT IS REQUESTED
1. THE FOREIGN PERSONNEL’S:
- Passport No :
- Name and Surname :
- Father’s Name:
- Mother’s Name :
- Place and Date of Birth (Day, month, year) :
- Nationality : __ __ __ __ __
- Sex : F !__! M !__!
- Marital Status : Married !__! Single !__! Divorced !__! Widowed !__!
- If married, Nationality of Spouse : __ __ __ __ __
- Children : Yes !__! No !__!
- If yes, their number : F !__! M !__!
- Number of persons being under the foreign person’s liability of care, if any :
Children : F !__! M !__!
Old persons : F !__! M !__!
Handicapped : F !__! M !__!
2. IF THE CONCERNED PERSON HAS RECEIVED A PERMIT BEFORE
- Permit issuing Authority :
- Letter of Permit Date-Number :
- Validity of Permit :
( Starting and Ending Date )

3. PLACES OF PREVIOUS EMPLOYMENT (Please write the last three places)
Name of Establishment : -----------------------------------------------------------------
Working Period :
Profession.......... Function....... Qualified !__! Not qualified !__!
Handicapped !__! Former Condemned !__!
Reason for Leaving:

Name of Establishment : -----------------------------------------------------------------
Working Period :
Profession.......... Function....... Qualified !__! Not qualified !__!
Handicapped !__! Former Condemned !__!
Reason for Leaving:

Name of Establishment : -----------------------------------------------------------------
Working Period :
Profession.......... Function....... Qualified !__! Not qualified !__!
Handicapped !__! Former Condemned !__!
Reason for Leaving:

4. EDUCATIONAL STATUS
- School of final graduation ( Name / Place ) :
- Subject of Specialization:
5. RESIDENCE ADDRESS
- Local :
- Abroad:
6. IF THE PERSON HAD BEEN IN TURKEY BEFORE
Place(s) of stay :
- Dates :
- Reasons :

7. COMMUNICATION INFORMATION OF ANY PERSON AND/OR ESTABLISHMENTS IN TURKEY THE PERSON MAY GIVE AS REFERENCE
(Name - Surname / Address / Phone numbers / e-mail address )
...
...
8. NATURE OF DUTY TO BE ASSIGNED TO THE PERSON
Job :......................................................
Profession :......................................................
9. PERIOD FOR WHICH THE WORK PERMIT IS REQUESTED
10. SALARY TO BE RECEIVED (Monthly gross)
C. REASON FOR REQUEST OF EMPLOYING A FOREIGNER INSTEAD OF A TURKISH CITIZEN

WE DO HEREBY APPROVE THE ACCURACY OF THE ABOVE INFORMATION .../.../...

AUTHORIZED PERSON OF THE
EMPLOYER INSTITUTION/ESTABLISHMENT FOREIGN PERSONNEL
(Name,Surname,Title of Authorized Person/ (Name, surnam and
Company Stamp and Signature) signature)


REMARK: All of the documents mentioned attached to the form and requested from the foreigner and the establishment to employ the foreign personnel have to be enclosed to the form.


PRINCIPLES TO BE COMPLIED WITH IN COMPLETING THE FORM

1- The Foreign Personnel Application Forms shall be prepared in 4 copies and each of the forms shall be completed completey and in legible form in Turkish. Each form shall include a photograph of the personnel to be employed, which has been taken within the last six months, and all of the forms shall bear the original signature of the Foreign Personnel and the Employer. (Photocopy signatures are not acceptable.)
2- For items not appropriate for the Foreign Personnel or the firm, an explanatory note has to be certainly written.
3- After the form has been completed, application shall be realized by enclosing the documents stated in the relevant regulations and its annex (Approved by a Notary Public and with translation into Turkish).
4- In case the forms are completed insufficiently or the documents mentioned above are lacking or not duly prepared and not completed in the Turkish language, the applications shall not be processed and the application form shall be returned to the applicant.
5- As for period extension applications, the form shall be completed in the same way and application shall be realized by adding the original former letter of permit to the documents mentioned enclosed related to the period extension.
6- Regarding professions which may not be executed by foreigners, applications for work and employment shall not be accepted.
7- Documents determined according to the national regulations and the changing socioeconomic conjuncture and which shall be requested apart from the documents stated in the Regulations, shall be published in the Ministry’s Web Site.







ANNEX-2
DOCUMENTS REQUIRED FOR APPLICATION AND TO BE ENCLOSED TO THE APPLICATION

A- DOCUMENTS ESSENTIAL FOR THE APPLICATION
I- DOCUMENTS REQUESTED FROM FOREIGNERS
- Written request for work permit addressed to the Ministry of Labour and Social Security,
- Foreign Personnel Application Form (in 4 copies, bearing photograph taken within the last six months, including the original signature of the employer and the foreign personnel. In case there isn’t the original signature of neither the employer nor the foreign personnel, the individual contract made by and between the parties or the certificate of employment acceptance by the employee evidencing that the job proposal made by the employer has been accepted by the employee or its approved copy.)
- Copy of passport certified by Notary Public with Turkish translation,
- Copy of Diploma certified by Notary Public with Turkish translation,
- For applications filed from Turkey, valid Residence Permit,
(The period of the Residence Permit has to be at least six months and the application has to be made within this period)
- - Curriculum Vitae (the enclosed C.V. format has to be completed)
For Tourism Operations with Certificates, who shall employ foreign personnel and craftsmen:
- - Employment contract,
- - Certificates evidencing foreign currency income,
- - Testimonials (except for testimonials of establishments whose seriousness creates hesitation),

Foreigners requesting a work permit in the framework of professional services, have to present the following in addition to the documents above:
- In case the foreigner attends higher education abroad, the “Diploma Equality Certificate” which the latter shall obtain in accordance with the “Regulations for Equality of Foreign Higher Education Diplomas”, pursuant to the articles 3 and 7/p of the Law number 2547,
- A certificate obtained within the last six months from the professional institution in the foreigner’s country evidencing that the latter is executing his/her profession, that he/she is a member to the professional organisation in his/her own country and that “there isn’t any penalty of forbidden profession”,
- In case the foreigner renders service for the purpose of consultancy and technical instruction, certificate of work description and copy of contract (between firm-firm or firm-person),
- In case engineers, architects and town-planners render consultancy and technical instruction service of any kind and scope as expert, or prepared projects in projects put out to international tender by public institutions and establishments and are assigned as authorized signatories, an undertaking certified by a notary public or consulate and foreseeing to remain exclusive just for this assignment.

The other documents essential for the application according tot he type of work permit are as follows.

Work Permit restricted by Terms
- In case the spouse and children, whom any foreigner having coming to Turkey for working purposes, is liable to care for, request work permits, a certificate obtained from the security authorities evidencing that they have resided with the foreigner legally and uninterruptedly for a period of at least five years.

Work Permit without Terms
- Certificate obtained from the security authorities evidencing the fulfillment of the condition that the foreigner has legally and uninterruptedly resided for at least eight years.

- Certificate obtained from the relevant authorities evidencing the fulfillment of the condition that the foreigner has had a total legal working time of six years,
- As for foreigners to work as engineers, architects and town-planners, the certificate of temporary membership to be obtained based on article 36 of the Law on Turkish Engineers and Architects Chambers number 6235.

Independent Work Permit
- Tax Register certificate to be obtained by the foreigner from the country the latter has come from,

- Certificates evidencing his/her scientific, technical or professional training for the activity the foreigner wishes to perform,

- Certificates obtained from the competent authorities evidencing that any foreigners being engineers, architects and town-planners feature the academical and professional efficiency for the activity they wish to perform,

- Certificate obtained from the security authorities evidencing the fulfillment of the condition that the foreigner has legally and uninterruptedly resided for at least five years,

- Documents which may be required pursuant to article 40 of the Regulations

Exceptional Work Permit
- Documents evidencing the foreigners’ status stated in article 8 of the Law,

- For foreigners married to a Turkish citizen, a detailed extract from the Public Registration Department,

- For foreigners married to a Turkish citizen, copy of the marriage certificate certified by the notary public,

II- DOCUMENTS REQUESTED FROM THE INSTITUTION/ESTABLISHMENT WHICH SHALL EMPLOY FOREIGN PERSONNEL

- Written request for work permit addressed to the Ministry of Labour and Social Security,

- Balance-sheet and profit/loss statement of the last year, approved by the tax office,

- If the establishment has foreign capital, the original of the Turkish Trade Register Gazette showing the establishment’s last capital and partnership structure or its copy certified by the establishment,

- For Private Educational Institutions supposed to employ instructors of foreign nationality; copies of the Institution’s License and the letter of approval by the Ministry of National Education,

- For administrative personnel to be employed by tourism establishments, copy of the operational and investment certificate having been obtained from the Ministry of Tourism, if any,

- Certificate evidencing that establishments (including consortiums) having been awarded any contract in any tender opened by public institutions and establishments have undertaken the task which they they shall be assigned by the relevant institution and establishment,

- As for corporate bodies supposed to employ any foreign expert in the framework of the engineering, architecture, contractorship and consultancy services, detailed account of salaries evidencing that Turkish and the copy of the contract executed with the foreigner.

B- SUPPLEMENTARY DOCUMENTS TO THE APPLICATION

- If the foreigner is an associate’s representative or any key personnel, certificate issued by the foreigner’s employer evidencing the situation,

- Copy of the Citizenship Identity Card,

- For foreigners married to a Turkish citizen, the detail extract from the Public Registration Department,

- For foreigners married to a Turkish citizen, copy of the marriage certificate certified by the notary public,

- certificate evidencing the Turkish ancestors,

- Copies of certificates and diploma of professional education,

- Other documents such as testimonial, letter of reference, letter of assignment, letter of acceptance.

C- DOCUMENTS REQUESTED FOR PERIOD EXTENSION APPLICATIONS
- Foreign Personnel Application Form (4 copies, with photograph taken within the last six months),

- Detailed salary account of the last month (bearing the stamps and signatures of the employer as well as the financial consultant, approved by the Turkish Social Securities Institution SSK)

- Original of former work permit,

- As for foreigns who shall work as engineers, architects and town-planners, the certificate of temporary membership to be obtained based on article 36 of the Law on Turkish Engineers and Architects Chambers Association number 6235.

- Notarized copy of the part of the passport related to visaes and validity term.

- Certificate to be obtained from the tax offices evidencing that the foreigner doesn’t have any tax obligation due.

NOTE 1 – Since applications of the same firm shall be handled as initial application, application shall be filed again with the same form and documents. Besides, any letter of termination of relation to any corporate body of former employment shall be enclosed to the application.

NOTE 2- If considered necessary, the Ministry may request supplementary documents along with all documents mentioned above.

./..
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NOTE 3- All of the documents requested by the Ministry for application shall be send together with their notarized Turkish translations. In case of information and documents not send in this way, the application shall not be taken into consideration and shall be returned.

C.V. FORMAT
PERSONAL INFORMATION
Name
Address
Phone
Fax
E-mail
Nationality
Date of Birth
WORK EXPERIENCE
• Dates (starting - ending)
• Name, address of employer
• Sector or Nature of Work
• Duty or Position
• Basic Activities and Responsibilities
EDUCATION AND APPRENTICESHIP
• Dates (starting - ending)
• Name and Type of Organisation providing
Training and Apprenticeship
• Basic Subjects/Professional Efficiencies
• Titles Achieved
• (if necessary) National Classification Level
• PERSONAL SKILLS AND CAPABILITIES
• This is a request related to life and business life, but are matters which are not defined by official certificates and diplomas.
MOTHER TONGUE
OTHER LANGUAGES
• Reading Skill
• Writing Skill
• Verbal Skill
SOCIAL SKILLS AND CAPABILITIES
Related to very cultured conditions, positions where communication is important and situatons where team work is necessary (e.g. culture and sports),etc. , living and working with people.
ORGANIZATIONAL SKILLS AND CAPABILITIES
Coordination and management of persons, projects and budget in business, voluntary work (e.g. culture and sports), home or similar places.
TECHNICAL SKILLS AND CAPABILITIES
Computer, certain equipment, machinery, etc.
ARTISTIC SKILLS AND CAPABILITIES
Music, writing, design, etc.
OTHER SKILLS AND CAPABILITIES
Skills not defined above.
DRIVER’S LICENSE(S)
ADDITIONAL INFORMATION
ANNEX
EUROPEAN
CURRICULUM VITAE
FORMAT

CURRICULUM VITAE
FORMAT

PERSONAL INFORMATION

Name
Address
Telephone
Fax
E-mail
Nationalitiy
Date of birth
WORK EXPERIENCE
• Dates (from-to)
• Name and address of employer
• Type of business or sector
• Occupation or position held
• Main activities and responsibilities
EDUCATİON AND TRAINING
• Dates (from-to)
• Name and type of organization providing education and training.
• Principal subjects/occupational skills covered
• Title of qualification awarded
• Level in national classification (if appropriate)

PERSONAL SKILLS AND
COMPETENCES
Acquired in the course of life and
career but not necessarily
covered by formal certificates
and diplomas.

MOTHER TONGUE
OTHER LANGUAGES

• Reading skills
• Writing skills
• Verbal skills

SOCİAL SKILLS AND
COMPETENCES

Living and working with other people, in multicultural environments, in positions where communication is important and situations where teamwork is essential (for example culture and sports), etc.

ORGANISATIONAL SKILLS AND
COMPETENCES

Coordination and administration of people, projects and budgets; at work, in voluntary work (for example culture and sports) and at home, etc.

TECHNICAL SKILLS AND
COMPETENCES

With computers, specific kinds of equipment, machinery, etc.

ARTISTIC SKILLS AND
COMPETENCES
Music, writing, design, etc.

OTHER SKILLS AND
COMPETENCES
Competences not mentioned above.
DRIVING LICENCE(S)
ADDITIONAL INFORMATION

ANNEXES



Skills not defined above.
DRIVER’S LICENSE(S)
ADDITIONAL INFORMATION
ANNEX
EUROPEAN
CURRICULUM VITAE
FORMAT
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