The questions below offer a general framework on the difference between a residence permit and a work permit, an action against a work permit refusal, changing workplaces, and employment in domestic services. In a specific case, time limits, documents and the regulations in force are assessed separately.
Showing 1–6 of 6 questions
Do a residence permit and a work permit provide the same legal status?
No. A residence permit and a work permit are different legal statuses; the cases in which a work permit can take the place of a residence permit are regulated separately.
To be able to work in Türkiye, the relevant work permit or the conditions of a statutory exemption are, as a rule, required. A valid residence permit alone does not grant authorization for paid work. On a valid work permit taking the place of a residence permit, the special provisions of the International Labor Force Law and the Law on Foreigners and International Protection apply. The employer’s notification and social security obligations, the type of permit, and workplace and occupation restrictions must also be examined separately.
Is a residence permit alone sufficient for a foreign employee to start work in Türkiye?
Generally no; a work permit or a statutory exemption may be required.
Under International Labor Force Law No. 6735, the application route, the employer’s obligations and the type of work permit are examined. A residence permit does not, in every case, grant authorization to work.
What avenues of recourse are available against the rejection of a work permit?
An objection may be filed through the e-İzin system within 30 days of notification against the rejection of a work permit application, or a decision to cancel or terminate a permit; if the objection is rejected, recourse may be had to the administrative courts.
The parties concerned may object within 30 days from the date of notification against decisions of the Ministry of Labour and Social Security rejecting a request to grant or extend a work permit, or cancelling or terminating a work permit. The objection is made online through the e-İzin system, and a reasoned petition and supporting documents are uploaded to the system. If the Ministry rejects the objection, the path to the administrative courts is open. The reasons for rejection, the evaluation criteria for the employer and the foreigner, occupational restrictions, pay and employment conditions, and the date of notification should be examined together.
Can a foreigner who holds a work permit change workplaces?
It depends on the type of permit; in most fixed-term permits there is a link to a specific employer and workplace.
Before starting with a new employer, it must be determined whether a new permit or a change of permit is required. The validity of the existing permit, the SGK notification and the termination of the contract are checked separately.
Is it possible to employ a foreigner in domestic services?
It may be possible when the job and employer conditions in the relevant legislation are met.
The scope of the work, such as caring for children, the elderly or the sick, the wages, the employer’s obligations, insurance and the work permit criteria are examined. A difference between the job stated on the application form and the work actually performed may give rise to sanctions.
How long does it take to evaluate a work permit application?
The evaluation of applications that are duly completed and have complete information and documents is, as a rule, completed within 30 days.
According to the current statement of the Ministry of Labour and Social Security, the 30-day period starts from the date the application is completed in the system; or, if additional information or documents are requested, from the date the requested information and documents are uploaded to the system. The Ministry's requesting opinions from relevant institutions, or the application being incomplete, is also taken into account.