AMENDMENTS TO WORK PERMIT EVALUATION CRITERIA
The Regulation on the Implementation of the International Force Law (the “Regulation”) has entered into force on 2 February 2022. Pursuant to the Additional Article of the Regulation, the “Work Permit Evaluation Criteria” has been updated according to Article 22 of the same Regulation, and the new evaluation criteria for work permits have come into effect as of 1 October 2024.
The amending regulation modifies the criteria for employment, financial sufficiency, and salary, and brings new arrangements based on industry, profession, or job.
1. SPECIAL EVALUATION CRITERIA BASED ON INDUSTRY, PROFESSION, OR JOB
1.1. Information Technology Industry
For work permit applications related to positions requiring expertise in software development, database management, mobile software, system network and security, and enterprise architecture within workplaces operating in the information technology industry, employment and financial sufficiency criteria shall not apply. Even if the business is not primarily in the information technology industry, the evaluation of work permit applications for such expert roles is subject to the condition that employment and financial sufficiency criteria do not apply, limited to a maximum of two foreign employees.
1.2. Education Industry
For foreign nationals working in positions requiring vocational qualifications at educational institutions, obtaining preliminary approval from the Ministry of National Education or the Council of Higher Education is mandatory. Work permit applications made on behalf of foreign faculty members possessing prior approval from the Council of Higher Education will not be subject to the evaluation criteria outlined in Articles 8(3) and 8(4) of Law No. 6735 International Labor Force Law (in Turkish, “Uluslararası İşgücü Kanunu”).
1.3. Other Industries
Similar regulations have been established for domestic services, high-tech industries, aviation industry, public projects, the healthcare industry, the tourism industry, and the part-time employment of foreign students in Türkiye.
2. EVALUATION CRITERIA REGARDING FOREIGN SHAREHOLDERS
In workplaces subject to balance sheet regulations (in Turkish, “Bilanço esası üsülüne tabii işyerlerinde”), with the recent amendments concerning financial eligibility and employment criteria for foreign shareholders:
2.1. For the evaluation of work permit applications made on behalf of a foreign individual who is either establishing a new business or becoming a partner in an existing business, it is required that the paid-in capital of the business in which the foreigner holds a share is at least TRY 500,000. Furthermore, the foreign partner must contribute a minimum capital amount of TRY 500,000 and their ownership share must be at least 20%.
2.2. The evaluation of work permit applications for foreign individuals opening a new business or becoming partners in an existing business requires the employment of a minimum of five (5) Turkish citizens within the workplace. In this regard, at least five Turkish citizens must be employed in the employer company. In terms of the condition of employing at least five Turkish citizens in the employer company, the first work permit which will be issued to the foreigner, shall be issued with an annotation. From the beginning of the seventh month of the initial work permit period, it is mandatory that at least five Turkish citizens are employed in the workplace each month.
2.3. The previously mentioned criteria shall not apply to work permit applications submitted on behalf of foreign partners with a capital share of USD 100,000 or more.
The thresholds for paid-in capital and net sales in the financial capability criteria and the capital amount threshold in the financial capability criteria for foreigners who are shareholders of companies will enter into force on 1 January 2025.
3. FOREIGNERS EXEMPT FROM EVALUATION CRITERIA
The following categories of foreigners are exempt from employment, financial sufficiency, and salary criteria in work permit applications:
(i) Foreigners who have been in Türkiye for at least eight (8) years with a work permit, short-term residence permit, family residence permit, long-term residence permit, humanitarian residence permit or residence permit for victims of human trafficking;
(ii) Foreigners who will work in professions and jobs other than those reserved for Turkish nationals and who are determined to be of Turkish descent by the Ministry of Interior or Ministry of Foreign Affairs or deemed appropriate by the Directorate General within the scope of international labor policy; and
(iii) Foreigners who have obtained a long-term residence permit.
You may consult your business partner for any further clarifications you may need.
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