Obtaining a Work Permit in Türkiye for Foreign Nationals: Procedure and Core Principles

Foreign nationals who will work in Türkiye must obtain a work permit before starting work. The law frames this not as an option but as a prohibition: working without a permit, and employing someone without one, are both forbidden and both carry penalties.

The subject is governed by International Labour Force Law No. 6735. A work permit is issued by the Ministry as an official document and, for its period of validity, gives the holder the right both to work and to reside in Türkiye.

The basic rule: working without a permit is prohibited

Foreign nationals within the scope of the law may not work, or be employed, in Türkiye without a work permit. There are two exceptions: foreign nationals stated in other legislation, or in agreements to which Türkiye is party, to be able to work without a permit; and Blue Card holders within the scope of Article 28 of Law No. 5901.

Let us deal at the outset with the most common misconception: holding a valid residence permit does not give you the right to work. The law says so expressly — apart from refugee or subsidiary protection status, holding a residence permit on any ground confers no right to work.

Types of work permit

Fixed-term permits and their durations

Where the application is assessed favourably, the foreign national is granted a work permit valid for up to one year on a first application, not exceeding the term of the employment or service contract, and on condition of working in a specific job at a specific workplace belonging to a specific employer.

Extensions increase in stages: with the same employer, a first extension may run up to two years and later extensions up to three years.

An extension application is made from sixty days before the permit expires and in every case before it expires. The law allows no latitude here: applications made after that period has run are refused.

Indefinite and independent work permits

Foreign nationals holding a long-term residence permit, or at least eight years of lawful work permit, in Türkiye may apply for an indefinite work permit. Here too the law includes an express caution: meeting the conditions for application confers no absolute right.

A holder of an indefinite work permit enjoys all the rights conferred by a long-term residence permit. Save for the provisions of special legislation, and with acquired social security rights reserved, they enjoy the rights granted to Turkish citizens; they have no right to vote, to stand for election or to enter public office, and no military service obligation.

An independent work permit gives the holder the right to work on their own account and may be granted to members of the professions, provided the special conditions in other legislation are met. The assessment takes account of the applicant's level of education, professional experience, contribution to science and technology, the effect of their activity or investment on the national economy and employment, and — where they are a company shareholder — their share of the capital.

For company shareholders the law is explicit: a shareholder-director of a limited company, a shareholder board member of a joint-stock company and the managing active partner of a partnership limited by shares may work on obtaining a work permit. Holding shares does not by itself confer a right to work.

The Turquoise Card

The Turquoise Card is granted to those assessed as qualified foreign nationals. It gives the holder an indefinite right to work, and gives their spouse and dependent children a document that takes the place of a residence permit.

The law describes a qualified foreign national by example: those with internationally recognised academic work; those prominent in a field of science, industry or technology regarded as strategic for the country; and those who make, or are expected to make, a significant contribution to the national economy in terms of export, employment or investment capacity.

The card is issued with the first three years as a transition period. During that period the Ministry may request information and documents from the employer or the foreign national about the activities carried on. An application to remove the transition-period entry must be made from one hundred and eighty days before the transition period expires and in every case before it expires. An application made after that period is refused and the Turquoise Card becomes invalid.

Work permit exemption

Foreign nationals within the scope of the exemption may work provided they obtain a work permit exemption. The exemption is likewise an official document issued by the Ministry; it does not arise automatically and requires an application.

Two cases are expressly listed in the law: the non-resident board member of a joint-stock company established under Turkish Commercial Code No. 6102 and the non-managing shareholder of other companies; and a cross-border service provider whose activities in Türkiye do not exceed ninety days in any one hundred and eighty.

Where and how to apply

Work permit applications are made directly to the Ministry from within Türkiye, and abroad to the Turkish embassy or consulate general in the country of which the applicant is a national or in which they are lawfully present. Applications made abroad are forwarded to the Ministry by the mission. Applications may also be made by an authorised intermediary institution.

The law sets two measures as to time. Assessment of a properly made application is completed within thirty days, provided the information and documents are complete. Where information or documents are missing, assessment is deferred; the deferral may not exceed thirty days except where force majeure is certified by an official authority, and applications whose deficiencies are not made good by the end of that period are refused.

The permit issued is sixty days shorter than the validity of the applicant's passport and is issued separately for each foreign national.

The assessment criteria

The law provides that applications are assessed against international labour force policy and leaves the setting of criteria to the Ministry. Those criteria are published by the Ministry on the basis of the regulation and fall under three heads:

• Employment criterion: At workplaces subject to balance-sheet accounting, the rule is that at least five Turkish citizens must be employed for each foreign national for whom a permit is sought. At workplaces above a given level of net sales, the criterion may not apply for a certain number of foreign nationals.
• Financial capacity criterion: Assessed by reference to the workplace's paid-in capital, net sales or export figures. Different measures apply to newly established and to operating workplaces.
• Wage criterion: The wage payable to the foreign national must not fall below set multiples of the gross minimum wage according to the nature of the work. Separate multipliers are laid down for senior managers, engineers and architects, other managers, work requiring expertise, and domestic service.

Alongside the criteria there are exemptions. All or some of them may be disapplied for family members of Turkish citizens, holders of long-term or humanitarian residence permits, citizens of the Turkish Republic of Northern Cyprus, and foreign nationals lawfully present in Türkiye for a given period. Sector-specific criteria are also laid down in fields such as information technology, education, tourism and domestic service.

Occupations requiring prior authorisation

Prior authorisation is compulsory for the assessment of work permit applications by foreign nationals who will work in health and education services requiring professional qualifications. The Ministry of Health grants prior authorisation in health services and the Ministry of National Education in education services; which occupations require it is determined after taking those ministries' views.

Work permits for foreign academic staff at higher education institutions are granted on the basis of prior authorisation from the Council of Higher Education. Applications by foreign nationals to work as R&D personnel at firms holding an R&D Centre Certificate are assessed where the relevant ministry gives a favourable opinion. Extension applications are subject to the same prior authorisation.

Who may be granted exceptions?

The law provides that, in line with international labour force policy, the provisions on application, refusal and duration may be applied differently to certain foreign nationals. Those listed include:

• Those regarded as qualified labour by reference to education, wage, professional experience and contribution to science and technology.
• Those regarded as qualified investors by reference to investment or export levels and the scale of employment they will create.
• Those employed on a project carried out in Türkiye by their employer for a fixed period.
• Those notified as being of Turkish descent, citizens of the Turkish Republic of Northern Cyprus, and citizens of European Union member states.
• Foreign nationals married to a Turkish citizen and living with their spouse in Türkiye within the marriage union.
• Those who have distinguished themselves internationally in their field and come to Türkiye for scientific, cultural, artistic or sporting purposes.
• Applicants for international protection, conditional refugees, those under temporary protection, stateless persons and victims of human trafficking.

Those applying for international protection and those granted temporary protection may apply for a work permit or exemption six months after the date of application or the date their temporary protection identity document was issued.

Work by foreign students

Foreign students enrolled on formal education programmes at a higher education institution in Türkiye may work provided they obtain a work permit. Those at associate and undergraduate level may apply after completing their first year and may work part-time under the Labour Law. Those restrictions do not apply to postgraduate students.

Work permits granted to students do not bring their student residence permit, or the rights it confers, to an end. A foreign national who completes higher education in Türkiye and applies for a work permit within one year of graduation has that application assessed under the principles laid down for the purpose.

Does a work permit count as a residence permit?

Yes. Under the law, a work permit and a work permit exemption take the place of a residence permit pursuant to Article 27 of the Law on Foreigners and International Protection. A foreign national holding a work permit therefore does not need a separate residence permit.

The relationship is one-way, however: holding a residence permit confers no right to work.

A foreign national granted a work permit on an application made from abroad must come to Türkiye within six months of the date the permit takes effect. The permit of a person who does not arrive within that period is cancelled.

Refusal, cancellation and objection

The law lists the grounds for refusal. The principal ones are: the application not conforming to international labour force policy; being made with false or misleading information or documents; the reasons given for employing a foreign national being found insufficient; the application being made for work or occupations reserved to Turkish citizens by other legislation; it being established that the applicant lacks the necessary qualifications and expertise; failure to meet the assessment criteria set by the Ministry; and objection on grounds of public order, public security or public health.

Grounds for cancellation include failure to come to Türkiye within six months of the permit taking effect, failure to extend the passport, a finding that work has been carried out contrary to the law, the ending of the employment for any reason, and a subsequent finding that the application was made with false documents.

As to objection, the law lays down a particular procedure. Refusal and cancellation decisions are notified to the employer of the foreign national, or to the holder of an independent work permit, indefinite work permit or Turquoise Card. Those concerned may object to the Ministry within thirty days of notification; if the objection is refused, recourse may be had to the administrative courts.

Employer obligations and penalties

Employers of foreign nationals, and foreign nationals holding an indefinite or independent work permit, must notify the Ministry within fifteen days of the start and end of the work and of any circumstances requiring cancellation of the permit. Obligations under social security legislation must likewise be met within the statutory periods.

Inspection is carried out by the Ministry's labour inspectors and by the inspectors and auditors of the Social Security Institution. The administrative fines provided for fall into two groups: failure to comply with the notification obligation, and working or employing without a work permit. In the second group, separate fines are laid down for a foreign national working for an employer, a foreign national working independently, and the employer — for the employer, per foreign national. On repetition the fines are doubled. Because the amounts are subject to annual revaluation, no figures are given here.

The penalties are not confined to fines. Foreign nationals found to be working without a permit are reported to the Ministry of the Interior with a view to deportation. The employer or the employer's representative must also meet the accommodation costs of the foreign national and any spouse and children, the costs of their return to their country, and where necessary their health expenses.

Frequently asked questions

• I have a residence permit — can I work? No. The law expressly provides that holding a residence permit confers no right to work. A work permit must also be obtained.
• I am a shareholder in my company — do I still need a permit? A shareholder-director of a limited company and a shareholder board member of a joint-stock company may work on obtaining a work permit. Shareholding alone is not enough.
• Does my permit continue if I change jobs? A permit is valid for a specific employer. An application to work for a different employer is treated as a first application.
• What if I apply late for an extension? The law provides that extension applications made after the period has run are refused. An application may be made from sixty days before expiry.
• After how many years can I move to an indefinite permit? Holders of a long-term residence permit and those with at least eight years of lawful work permit may apply. The law adds that meeting the conditions confers no absolute right.
• Does time worked under an exemption count? No. Periods spent under a work permit exemption are not taken into account in calculating lawful work permit and residence permit periods.
• I am a student — can I work? Students in formal education may work provided they obtain a work permit. Associate and undergraduate students may work part-time after the first year; those restrictions do not apply at postgraduate level.
• I am married to a Turkish citizen — does that help? Foreign nationals married to a Turkish citizen and living with their spouse in Türkiye within the marriage union are among those to whom exceptions may be granted under the law.
• How long does a decision take? The law requires assessment to be completed within thirty days, provided the information and documents are complete. Where there are deficiencies, the deferral may as a rule not exceed thirty days.
• What can I do if I am refused? An objection may be made to the Ministry within thirty days of notification. If the objection is refused, recourse may be had to the administrative courts.

How we work on these files

We identify which type of permit fits the situation and check, on the employer's side, whether the employment, financial capacity and wage criteria are met as at the date of application. In occupations requiring prior authorisation we conduct the process with the relevant ministry, and we structure the application and extension timetable so that no time is lost. Where there is a plan directed at an indefinite work permit or at citizenship, we watch whether exemption and permit periods count towards it. On refusal or cancellation we observe the thirty-day objection period and, where necessary, conduct the administrative court proceedings.