Work Permit of Foreign Company Partners and Managers in Turkey

I. Work Permit

Work Permit of Foreign Company Partners and Managers in Turkey is a permit issued by the Ministry of Labor and Social Security as an official document and gives the right to work and reside in Turkey within the validity period. Foreigners who want to work in Turkey are required to obtain a work permit. It is not possible to work in Turkey without a work permit. Foreigners working without a work permit are notified to the Ministry of Interior for deportation. The work permit also replaces the residence permit.

The work permit is issued to the General Directorate of International Labor, affiliated to the Ministry of Labor and Social Security. It is decided whether a work permit will be granted by the General Directorate of International Labor Force. The foreigner, whose work permit is approved, must start work and fulfill his insurance obligations.

Foreigners can apply for work permits from within the country if they reside in Turkey, otherwise from abroad through the Republic of Turkey Foreign Representation of the country of citizenship or permanent residence. The foreigner who will apply from within the country must have a residence permit for at least 6 months in Turkey. International Labor Law No. 6735 applies to work permits of foreigners.

Those who have received or are entitled to receive a Blue Card, and those who are citizens of another state but also Turkish citizens can work in Turkey without a work permit.

 

II. Work Permit of Company Partners and Limited Company Managers

Company partners do not need to obtain a work permit if they are not managers and do not reside in Turkey. They are considered as if they have a work permit in Turkey for up to 3 months. They can work and reside for up to 3 months. Company directors and managers are also required to obtain a work permit, even if they are partners. In order to obtain a work permit, the company must meet certain conditions.

Foreigners who are the directors of the limited companies, the members of the board of directors who are the partners of the joint stock companies, and the limited partners of the limited companies whose capital is divided into shares, can work by obtaining a work permit. Established according to Law No. 6102; Members of the board of directors of joint stock companies who do not reside in Turkey, and partners of other companies who are not managers are considered within the scope of work permit exemption.

According to the three paragraphs of the first paragraph of the 48th article of the International Labor Law Implementation Regulation; Members of the board of directors who are not residing in Turkey, non-management partners of joint stock companies established in accordance with the Law No. 6102, and foreigners who are not partners in these companies, but are authorized to represent and bind at the highest level, can work for up to three months without obtaining a work permit. Under these conditions, the members of the board of directors and company partners are not required to obtain a work permit.

 

III. Conditions for Partners and Managers to Obtain Work Permit

There are mandatory conditions that the company must meet in order for the company’s partners and managers to obtain a work permit. Otherwise, work permit applications are rejected by the General Directorate of International Labor Force. These conditions are;

  • It is obligatory for 5 citizens of the Republic of Turkey to work for each employee/partner/manager at the workplace for which a work permit is requested. If the foreigner requesting a permit is a company partner, the employment requirement for five persons is required for the last six months of the one-year work permit to be given by the Ministry.
  • The paid-in capital of the workplace must be at least 100,000 TL. In addition, the gross sales must be at least 800,000 TL or the last year’s export amount must be at least 250,000 USD.
  • The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL

 

IV. How to Apply for a Work Permit and How Long Does It Take to Be Concluded?

The application for a work permit can only be made by the company that recruited the foreign person or of which the foreign person is a partner or director. An application is made through the special website of the Ministry of Labor and Social Security, “https://ecalismaizni.csgb.gov.tr/eizin“. Required documents are uploaded through the website. Documents must be signed. This can be done by the e-declaration user you have authorized in SGK or with the company’s own e-signature.

Work permit applications duly made are finalized by the Ministry within 30 days at the latest, provided that the documents are complete and complete. This period may take longer. If the application is made with missing documents, the applicant is informed about the completion of the missing documents.

 

V. Why Can Foreign Company Partners and Managers Be Rejected Work Permit in Turkey?

Work permit applications of foreign company partners and managers may not always be accepted. The General Directorate of International Labor Force may reject the work permit for the following reasons;

  • Not in compliance with international labor policy,
  • Made with fake or misleading information and documents,
  • The justification for employing foreigners is not considered sufficient,
  • For the jobs and professions that are reserved for Turkish citizens in other laws,
  • Relating to foreigners who do not have the necessary qualifications and expertise,
  • Not meeting the evaluation criteria determined by the Ministry,
  • Regarding foreigners who are deemed inconvenient to work in Turkey in terms of public order, public security or public health,
  • Except for the approval of the Ministry of Foreign Affairs, for the citizens of countries that the Republic of Turkey does not recognize or does not have diplomatic relations with,
  • It is not done within the legal period or its deficiencies are not completed,
  • Those who do not have a passport, passport substitute document, visa or residence or work permit, and those who have obtained these documents or permits by fraudulent means or are found to be fake,
  • Those who do not have a passport or passport substitute document valid for at least sixty days from the end of the visa, visa exemption or residence permit period,
  • Passport with a validity of at least sixty days longer than the visa period requested, or those who do not have a document that replaces a passport,
  • Those who are banned from entering Turkey,
  • Those deemed inconvenient in terms of public order or public security,
  • Those who carry one of the diseases considered as a threat to public health,
  • In accordance with the agreements to which the Republic of Turkey is a party, those who are accused or convicted of the crime or crimes that are the basis for the extradition of the criminals,
  • Those who do not have valid health insurance covering the period of stay,
  • Those who cannot justify their purpose of entering, transiting or staying in Turkey,
  • Those who do not have sufficient and regular financial means during their stay,
  • Those who do not agree to pay the debts arising from the visa violation or previous residence permit or do not agree to pay their debts and penalties,

If your work permit application is rejected, you can appeal to the Ministry of Labor and Social Security on the website where the application was made. If your objection is also rejected, a lawsuit can be filed in administrative jurisdiction within 60 days.

VI. Documents Required for Partners and Managers to Obtain Work Permit

A) Documents Required While Applying for a Work Permit from Turkey

  • Photograph
  • Residence Permit (must be valid for 6 months)
  • Fixed Term Employment Contract
  • Criminal record
  • Trade registry gazette
  • Tax Board
  • Signature Circular
  • Activity certificate obtained from the Chamber of Commerce
  • Balance sheet approved by the tax office or certified public accountant for the last year
  • Trade Registry Gazette showing the latest capital and partnership structure of the organization
  • Passport copy showing identity information
  • Notarized and Turkish translated diploma or graduation certificate
  • Workplace personnel breakdown

B) Documents Required When Applying for a Work Permit from Abroad

  • Photograph
  • Consular application number (valid for 30 days)
  • Fixed Term Employment Contract
  • Criminal record
  • Trade registry gazette
  • Tax Board
  • Signature Circular
  • Activity certificate obtained from the Chamber of Commerce
  • Balance sheet approved by the tax office or certified public accountant for the last year
  • Trade Registry Gazette showing the latest capital and partnership structure of the organization
  • Passport copy showing identity information
  • Notarized and Turkish translated diploma or graduation certificate
  • Consular Work Permit Application Petition (Foreigner’s phone number, Foreigner’s marital status, Foreigner’s foreign residence address, Foreigner’s domestic residence address)
  • Workplace personnel breakdown

 


 

As BAL Law Firm, we manage the Work Permit Application processes of Foreign Company Partners and Managers.

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