How to Get a Work Permit?

Transcription

1 How to Get a Work Permit? 1. Initial Application One can file an application to obtain a work permit in Turkey either while located in Turkey or abroad. In the case of applications filed abroad, foreigners are required to file an application at a consulate of the Republic of Turkey in the country of which they are a citizen or a permanent resident. The application should be accompanied by a labor contract, letter of assignment, or a document stating company partnership. The employer in Turkey is required to file an online application and submit the required information and documents to the Ministry of Labor and Social Security, either in person or via mail, within ten business days following the date of the candidate s application to a consulate. The consulates of the Republic of Turkey and the ministry will execute online the procedures for the work permit applications filed abroad. Foreigners whose applications are approved by the Ministry of Labor and Social Security must enter Turkey within a maximum of hundred and eighty days after the date the work permit is issued. In the case of applications filed in Turkey, with the exception of residence permits issued for education in Turkey, foreigners who hold residence permits with a remaining term of at least six months, or employers thereof, may file work permit applications. Such foreigners are not required to submit an application to the consulates of the Republic of Turkey. The documents required for the application must be submitted to the Ministry of Labor and Social Security, either in person or via mail, within a maximum of six business days after the online application. The Ministry of Labor and Social Security concludes the procedures regarding work permit applications in consultation, where necessary, with relevant ministries and authorities. The procedures regarding duly submitted work permit applications are concluded by the ministry within a maximum of thirty days provided all required documents are submitted in full. If the ministry determines that required documents are missing, the applicant is notified to submit the documents in question. In such cases, the thirty-day period commences on the date on which the missing documents are submitted to the ministry. In the case of applications filed abroad, the ministry forwards the affirmative or negative decision regarding the work permit application to the relevant consulate of the Republic of Turkey (via the Ministry of Foreign Affairs), which notifies the applicant. In the case of applications filed in Turkey, the ministry notifies the foreigner or the employer. Foreigners who are granted residence and work permits from consulates and enter the country are required to register to the Address Registry System in Turkey within a maximum of twenty business days following the date of entrance. The methods and principles concerning work permits to be issued to foreigners to be employed in Turkey vary by the relevant sector, such as education, housekeeping services, health services, tourism, aviation, entertainment, and others, as well as with respect to foreign direct investments, special foreign direct investments, professional services, and liaison offices. The following information covers the methods and principles regarding work permit applications concerning foreign direct investments.

2 1.1. Documents required from the employer at the time of the initial application Work permit application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer). Foreign personnel application form (The form filled online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. If the signed form is unavailable, the employment agreement executed by and between the parties must be submitted. The application will not be processed in the absence of a signed form or a labor contract.) The Trade Registry Gazette of Turkey, detailing the current shareholding and capital structure of the entity (The document must be scanned and submitted during the online A balance sheet and a profit/loss statement for the most recent year, certified by the tax office or certified public accountant (The document must be scanned and submitted during the online Information and documents stating that the entity is subject to Special Foreign Direct Investments* (These documents must be scanned and submitted during the online A document stating that entities (including consortiums) awarded international tenders by government agencies or organizations have been contracted for the awarded job from the relevant agency or organization (The document must be scanned and submitted during the online In the case of legal entities that are to employ foreign specialists in the field of engineering, architecture, contracting, and consulting services, a payroll document stating that Turkish engineers/architects/city planners are employed for the same occupation (The document must be Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting to the employment of the user at the applicant entity or organization (The document must be 1.2. Documents required from the foreigner at the time of the initial application In the case of applications filed in Turkey, a copy of the residence permit issued for other than education purposes with a term of at least six months remaining as of the date of application (The document must be If a foreigner who files a work permit application does not hold a valid residence permit, the foreigner is required to file an application to the consulates of the Republic of Turkey in the country of which he/she is a citizen or a permanent resident, submitting his/her labor contract or a document attesting to company partnership. However, if the company meets at least one of the criteria required for Special Foreign Direct Investments*, the work permit application can be filed directly with the Ministry of Labor and Social Security provided that the foreigner to be employed with key personnel status is currently staying in Turkey on a legitimate basis (by submitting a copy of the passport showing the visa and entrance date, or a letter obtained from the Police Department). Other key personnel who are granted work permits in this context are required to obtain work visas from consulates of the Republic of Turkey, and enter the country with that visa. In the case of foreigners who are key personnel, the documents and information specified in article 10/b of the Regulation on the Employment of Foreign Nationals with Foreign Direct

3 Investments (The documents must be scanned and submitted during the online Copy of the passport (where the passport is not printed in the Latin alphabet, a sworn translation or an official certified translation must be attached. The document must be Sworn translation or an official certified translation of the diploma or provisional graduation certificate (The document must be scanned and submitted during the online application, as well as submitted in hardcopy). In addition to the abovementioned documents, foreigners who file an application for work permits within the framework of professional services and who hold a degree from abroad must file a "Diploma or Provisional Graduation Equivalency Certificate" obtained in accordance with the "Regulation on the Equivalency of Diplomas from Foreign Higher Education Institutions" (The document must be scanned and submitted during the online 2. Application for Extension Applications for extension of the work permit must be filed by the foreigner or the employer directly with the Ministry of Labor and Social Security, by submitting the original copy of the previous work permit, along with the application form and the documents specified in the appendix of the implementation regulation. The work permit and term extension applications must be first submitted online. In order for the work permit or term extension applications filed online and pre-approved by the system to be valid, the application form print-out with barcode, generated online, must be signed by the foreigner and the employer, and submitted, along with the other documents specified in the appendix to the regulation, to the Ministry of Labor and Social Security within a maximum of six business days following the pre-approval of the online application, either in person or via mail. Term extension applications should be filed at most two months in advance of the expiration date of the permit. Extension applications filed within a maximum of fifteen days following the expiration of the work permit will also be processed. The term extension applications filed thereafter are subject to the principles applicable to foreigners who file an application for the first time. In the case of work permit term extension applications filed with a valid residence permit (as with first-time applications filed while in Turkey), the required documents must be submitted to the Ministry of Labor and Social Security within six business days following the online application. Term extensions for a period of two years may be filed for an existing work permit following the statutory one-year work permit term provided they are for employment with the same entity or enterprise and for the same profession. At the end of the statutory three-year work permit term, the existing work permit may be extended for a further three years, for employment with any employer, for the same profession. Foreigners who have resided in Turkey for at least eight uninterrupted years on a legal basis, or foreigners who have a total of eight years of employment with a work permit, may file applications for indefinite work permits Documents required from the employer at the time of extension applications

4 Work permit term extension application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer). Foreign personnel application form (The form filled out online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. The labor contract executed by and between the parties must be submitted where the signed form is unavailable. The application cannot be processed in the absence of a signed form or labor contract.) The Trade Registry Gazette of Turkey detailing the current shareholding and capital structure of the entity, if modified since the initial submission (The document must be Document attesting that the employer has no outstanding tax obligations (This information must be accessed by the Ministry of Labor and Social Security through the records of the Ministry of Finance). The Social Security Institution registration number of the insured foreigner named in the application form, and information regarding whether or not the employer has fulfilled its social security obligations regarding the foreigner (This information must be accessed by the Ministry of Labor and Social Security through the records of the Social Security Institution). Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting the employment of the user at the applicant entity or organization (The document must be 2.2. Documents required from the foreigner at the time of extension applications Copy of the passport (where the passport is not printed in the Latin alphabet, a sworn translation or an official certified translation must be attached. The document must be Previous work permit and cover letter (The documents must be scanned and submitted during the online Residence permit for work, covering the term of the work permit issued by the Ministry of Labor and Social Security (The document must be scanned and submitted during the online Provisional membership certificate required from foreigners who are granted work permits for work as an engineer, architect, or city planner, as per article 36 of Law no on Turkish Association of Chambers of Engineers and Architects (The document must be *Special Foreign Direct Investments The "Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments" introduced special provisions regarding work permits in order to facilitate work permits. Work permit applications required for personnel to be employed within the framework of foreign direct investments to which these provisions are not applicable are subject to the abovementioned general provisions (Law no and Implementation Regulation).

5 The scope of the Regulation on the Employment of Foreign Nationals Within the Framework of Foreign Direct Investments is defined on the basis of two fundamental criteria: Special Foreign Direct Investments (including liaison offices) Foreign national key personnel The term Special Foreign Direct Investment refers to a company or branch subject to Law no. 4875, and meeting at least one of the following criteria (figures applicable for year 2016): Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch registered a turnover of at least TRY 96.5 million in the most recent year. Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch posted an export figure of at least USD 1 million in the most recent year. Provided that the foreign shareholders hold at least TRY 1,283,974 of the capital, the company or branch employs in the most recent year, at least 250 personnel registered before the Social Security Institution. Provided that, in cases where the company or the branch is to make investments, the planned minimum investment figure is at least TRY 32.1 million. Provided that the company has a foreign direct investment in at least one more country other than the country where its headquarters is located. Key personnel refers to personnel who meet at least one of the following criteria, at the legal entity located in Turkey: a) Persons serving as a company shareholder, chairman of the board of directors, member of the board of directors, chief executive, vice president, executive, assistant executive or similar positions, with authority or a role in at least one of the following: A senior management or executive position in the company Managing the whole or a part of the company Auditing or controlling the work of the company auditors, or administrative or technical personnel Hiring new personnel or terminating the employment of existing personnel, or making proposals concerning these issues b) Holding key knowledge regarding the services, research devices, techniques, or management of the company c) At liaison offices, a maximum of one person in whose name the authorization certificate is issued by the overseas parent company Charges Applicable to Work Permits for Foreigners: According to the Act of Fees no. 492, work permits to be issued to foreigners are subject to charges. In cases where the work permit application is approved by the Ministry of Labor and Social Security, the applicable charge must be deposited with reference to the term of the permit. The applicable charge figures are set each year on the basis of the revaluation rate, and announced in the Official Gazette.

6 For detailed information on work permits: