What is a profession reserved for Turkish citizens?
Certain professions and duties are reserved by special laws for Turkish citizens alone, because of public security, professional responsibility or the exercise of public authority. Law No. 6735 regulates the general work permit; the special professional law regulates who may perform that work. A citizenship requirement in a special law is not lifted by the grant of a work permit.
The actual activity is decisive
Writing "consultant", "coordinator" or "assistant" in the contract does not make it lawful for a foreigner to actually practice law, pharmacy, security work or tourist guiding. In an inspection, the real work and the powers actually exercised are taken into account.
Professions and duties on the current official list
On the current page of the Ministry of Labor and Social Security (ÇSGB), the main professions and duties reserved for Turkish citizens fall into the following groups: [2]
| Group | Examples of professions or duties |
|---|---|
| Security and public duties | Founder/manager/trainer of a private security business, private security guard, night watchman (bekçi), judge-prosecutor, honorary traffic inspector |
| Law and dispute resolution | Notary, lawyer, mediator, concordat commissioner |
| Financial and commercial duties | Certified public accountant or sworn-in certified public accountant (SMMM/YMM), member of the board of directors of a cooperative, assistant customs broker |
| Health | Responsible manager of a private hospital, dentist, hospital attendant, pharmacist, veterinarian, certain responsible-person duties |
| Education | Founders of foreign schools that teach in a language other than Turkish |
| Tourism and transport | Person responsible for a travel agency, tourist guide, organizer of transport operations, ship agency officer/staff, work covered by cabotage |
| Mining, agriculture and sport | Permanent supervisor/technical staff member, agricultural employment intermediary, sports consultant |
The list may change. Some prohibitions concern the whole profession, others a particular institution or responsibility. For example, while a foreign physician may work in a private healthcare institution under certain conditions, pharmacy or the position of responsible manager of a private hospital is different.
The legal field
Practising as a lawyer
Law No. 1136 requires Turkish citizenship for admission to the legal profession. A foreign jurist may take a role in the nature of advice on foreign law or international agreements; however, as regards Turkish law, they cannot conduct litigation or perform work that falls within the lawyers' monopoly.
Does setting up a company give the right to practise the profession?
No. Establishing a consultancy company does not permit the provision of services that fall within the lawyers' monopoly under Turkish law.
Notary work, mediation and concordat commissioner duties
These duties, too, depend on the citizenship and professional requirements in the special legislation. A work permit does not remove these requirements.
Financial and corporate duties
A foreigner may work in the finance or accounting department in a different role; however, the SMMM/YMM title and the signing authority are subject to the special professional law. Being a company partner does not give the right to perform a duty tied to citizenship, such as membership of a cooperative's board of directors or acting as assistant customs broker.
The health field
Dentistry, pharmacy and veterinary medicine
On the current official list these professions appear to be reserved for citizens. Work permit endorsements may also state that the foreigner cannot practise these professions. [2] [3]
Why are medicine and nursing different?
Foreign physicians and certain other health personnel can work with an equivalence decision, the prior permission of the Ministry of Health, a work permit and a document from the institution. It therefore cannot be said that all health professions are prohibited.
Tourism, travel and maritime work
Tourist guiding
Tourist guiding is subject to the special professional law, the licence and the work card system; on the current list it is reserved for citizens. A work permit does not replace a guiding licence.
Person responsible for a travel agency
A foreigner may work in other roles at an agency, but cannot take on the responsible-person duty for which a citizenship requirement exists.
Work covered by cabotage
Certain jobs along Türkiye's coasts, such as captain, deckhand, pilot and diver, are reserved for citizens under the Cabotage Law. Foreign-flagged vessels and international activities are assessed separately under the specific legislation.
Security and public authority
A foreigner cannot become a private security guard by obtaining a work permit. Different jobs, such as security consultancy or technology services, are examined according to the actual duty and the licensing legislation.
Foreigners of Turkish descent and Law No. 2527
Law No. 2527 allows foreigners who reside in Türkiye and who are determined by the official authorities to be of Turkish descent to apply for a work permit for certain professions reserved for citizens, provided they meet the special conditions. This exception is not automatic. [4]
How is Turkish descent proved?
The ÇSGB requires Turkish descent to be proved by a document obtained from the official authorities of the Republic of Türkiye. Documents from a foreign country's representations may not be sufficient on their own.
The other professional requirements continue to apply
Law No. 2527 can provide an exception from the citizenship requirement; it does not remove diploma, equivalence, licence, chamber, security and other professional requirements. The opinions of the relevant institutions are obtained.
Chamber membership and the permit endorsement
A work permit issued in this context may be made conditional on membership of the relevant professional chamber. The permit endorsement should be examined separately.
A wrong profession code and the apparent duty
Concealing a prohibited profession under another title is a breach of the scope of the work permit. Using pharmacist's authority at a pharmacy under the name "sales consultant", practising law under the name "legal adviser" or offering tourist guiding under the name "tour leader" is not lawful.
Employer's responsibility
The employer is obliged to ensure that the foreigner works in a duty consistent with the scope of the permit. Practising a prohibited profession can lead to refusal or cancellation of the permit, penalties for working without a permit, licensing problems and sanctions specific to the professional law.
Checks before applying
- The actual duty is stated clearly.
- It is checked whether the duty is reserved for citizens by a special law.
- A special status or the Law No. 2527 exception is investigated.
- Diploma, equivalence, licence, chamber and prior-permission requirements are determined.
- The contract, the profession code and the salary are drawn up to match the real duty.
Refusal, cancellation and objection
An application for a prohibited profession may be refused; a permit obtained with a misleading duty may later be cancelled. In an objection, it must be shown with documents that the foreigner's actual duty is outside the scope of the prohibition or that the conditions of a special exception are met. The objection is filed through e-İzin within thirty days of notification. [5]
Related articles: Work Permit of Foreign Engineers, Architects and City Planners; Work Permits in Türkiye; Work Permit of Foreign Teachers and Education Staff.
Conclusion
The professions foreigners cannot practise are not a single general prohibition. Each profession must be examined according to the special law, the title, the actual duty and the level of responsibility. A work permit does not remove the citizenship requirement or the professional licence.
Frequently Asked Questions
Can a foreigner with a work permit practise any profession?
No. Professions reserved for citizens by special laws cannot be practised.
Can a foreign lawyer conduct litigation in Türkiye?
They cannot practise the legal profession under Turkish law.
Can a foreign dentist or pharmacist work?
On the current official list these professions are reserved for citizens; unless there is a special exception, a work permit is not granted.
Can a foreign company partner practise a prohibited profession?
No. Partnership does not remove the prohibition on practising the profession.
Can foreigners of Turkish descent practise these professions?
An application can be made under Law No. 2527 with official documents and the other requirements of the profession; acceptance is not automatic.
Sources
- Law No. 6735 on International Labor Force (Uluslararası İşgücü Kanunu): resmigazete.gov.tr
- ÇSGB, Professions Reserved for Turkish Citizens (Türk Vatandaşlarına Hasredilen Meslekler): csgb.gov.tr
- ÇSGB, Work Permit Endorsements (Çalışma İzni Şerhleri): csgb.gov.tr
- ÇSGB, Foreigners of Turkish Descent (Türk Soylu Yabancılar): csgb.gov.tr
- ÇSGB, Work Permit Frequently Asked Questions (Çalışma İzni Sık Sorulan Sorular): csgb.gov.tr