Scope of the special employment regime
Law No. 5746 regulates R&D and design centres; Law No. 4691 regulates technology development zones. The presence of “technology” or “design” in a company’s name is not enough for the special regime. The competent centre certificate or zone registration, together with the foreigner’s actual role in the project, must be proven.
R&D and design centres
An R&D centre is a unit organised separately within an enterprise and holding a certificate. A design centre likewise carries out, in a systematic manner, the design activities within the scope of the legislation. Sales, accounting, routine maintenance and standard production duties are not automatically treated as R&D duties, even if the company holds a centre certificate.
Technology development zone
Renting an office in the zone is not enough on its own. The employer’s zone registration, the project information, the foreigner’s duties and the place of work must be consistent with one another.
Advanced technology work
The Ministry may apply the general criteria partially or not at all for investments that are committed to creating a high contribution to the national economy or high employment, and for advanced technology work in which there are no Turkish specialists with the same qualifications. This provision does not provide an automatic exemption for every IT role. [3]
Which foreigners are assessed within the scope?
R&D and innovation personnel
These are researchers and technical personnel who contribute directly to developing new knowledge, products, processes, methods or technologies. The job description must be explained by reference to the project, the work package, the technical responsibility and the expected output.
Design personnel
These are personnel who actually carry out product design, industrial design, engineering design, software interface design or other design activities within the scope of the legislation. Routine graphic or marketing work must be distinguished from statutory design activity.
The project–duty–personnel link
At the centre of the application are the content of the project, the foreigner’s technical duties and the employer’s competent status. The diploma and experience must support this role; the contract, salary and place of work must be consistent with the same account.
Positive opinion of the Ministry of Industry and Technology
A positive opinion is required for the relevant personnel at R&D or design centres within the scope of Law No. 5746, and for foreigners who will work in a technology development zone within the scope of Law No. 4691. The opinion does not replace the work permit; the final work permit is issued by the ÇSGB. [3]
Which criteria are not applied?
In these applications, the employment criterion of five Turkish employees and the employer’s general capital, turnover and export thresholds are not applied. However, the salary criterion has not been removed. Depending on the foreigner’s role, the gross salary must be consistent with the current minimum thresholds.
Occupation and pre-permit requirements
If the foreigner is an engineer or architect, a health professional or a teacher, the relevant equivalence, chamber or pre-permit requirements apply separately. An R&D centre certificate does not remove the ban on occupations reserved for Turkish citizens.
Application documents
| Document group | Examples | Purpose |
|---|---|---|
| Employer status | R&D/design centre certificate, technology development zone (TGB) letter, trade registry | Proof of the special scope |
| Project | Project summary, work package, technical objective and duration | The activity in which the foreigner will work |
| Foreigner | Diploma, CV, certificates, previous projects | Professional qualification |
| Employment relationship | Contract, salary, duties, place of work | Scope of the permit |
| Institutional opinion | Records supporting the positive opinion | Criteria exemption |
In projects containing trade secrets, only the necessary technical link should be explained; source code, customer data or unnecessary confidential information should not be shared.
Application process
- The status of the centre or zone is verified.
- The foreigner’s project and duties are defined.
- The salary, contract and place of work are arranged.
- The diploma, CV and project documents are prepared.
- The e-İzin application is made.
- The positive opinion and any missing-document process are followed up.
- After a positive decision, the social security (SGK) and start-of-work formalities are completed.
Starting work before the application is concluded does not become lawful because of the centre’s special status.
Change of duty, project or employer
If a project change within the same company means that the foreigner no longer has the character of R&D personnel, the basis of the special assessment is affected. A move to another company, as a rule, requires a new work permit. Being located in the same technopark does not give the right to work for two employers.
Refusal and objection
A refusal may be based on grounds such as failure to obtain a positive opinion, failure to establish the link between duty and project, failure to document qualifications, or failure to meet the salary or occupation criterion. The objection is filed through e-İzin within thirty days of notification. The objection should explain the project, duty, diploma, opinion and salary documents together, in line with the grounds for refusal. [4]
Related articles: Work Permits in Türkiye; Key Personnel Work Permits in Qualifying Foreign Direct Investments.
Conclusion
The facilitation in this area arises not from a company’s technology character, but from proof of the competent centre/zone status together with the foreigner’s real project role. Although the non-application of the employment and financial adequacy criteria is significant, the salary, occupation and permit-scope requirements continue to apply.
Frequently Asked Questions
Does every company with an office in a technopark benefit from the exemption?
No. The zone registration, the project role and the positive opinion are all required together.
Does the five-Turkish-employee requirement apply?
The employment criterion is not applied to applications within this special scope.
Does the salary criterion apply?
Yes. The official exemption is limited to the employment and financial adequacy criteria.
Does the positive opinion give the right to work?
No. A work permit from the ÇSGB or a valid exemption is required for actual work.
Can the foreigner move to another technopark company?
If the new employer is a different legal entity, a new permit is required.
Sources
- Law No. 6735 on International Labour Force: resmigazete.gov.tr
- Law No. 5746: sanayi.gov.tr
- ÇSGB, Work Permit Evaluation Criteria: csgb.gov.tr
- ÇSGB, Work Permit Frequently Asked Questions: csgb.gov.tr
- Law No. 4691 on Technology Development Zones.