Why must the protection statuses be distinguished with respect to the right to work?
A foreign national's legal status in Türkiye changes the time of the work permit application, the person who will make the application, the place of work, the effect of the document on the right of residence and the result that will arise when the permit ends. When preparing the file, it is therefore not sufficient to look only at the foreign identification number; the type of identity document, the date of issue, the province of registration, its validity and the status record in the system must be checked together.
| Status | Access to work | Basic document | Effect on the residence permit |
|---|---|---|---|
| Refugee | Right to work from the date the status is recognized | Refugee identity document | The status document is subject to its own provisions |
| Subsidiary protection | Right to work from the date the status is recognized | Subsidiary protection identity document | The status document is subject to its own provisions |
| International protection applicant | Work permit six months after the date of application | Applicant identity document + work permit | The work permit does not replace a residence permit |
| Conditional refugee | Work permit six months after the date of application | Conditional refugee identity document + work permit | The work permit does not replace a residence permit |
| Temporary protection | Permit or applicable exemption six months after the date of the identity document | Temporary protection identity document + permit/exemption | The permit or exemption does not replace a residence permit |
The table shows the general framework. Special situations such as seasonal agriculture, an exemption notified by the Ministry of the Interior, professions requiring prior authorization and work outside the province of registration may change the result. [2][3][4]
A temporary protection identity document is not a residence permit
In decision E.2022/30, K.2022/39 of the Plenary Assembly of Administrative Litigation Chambers of the Council of State, too, it was emphasized that the temporary protection identity document provides a right to stay in Türkiye but cannot be regarded as a residence permit or a document replacing a residence permit. This distinction matters on matters such as whether a work permit replaces a residence permit and the calculation of long-term residence. [10]
A person holding a temporary protection identity document has a right to stay in Türkiye; but this identity document alone does not give a right to work. Likewise, a work permit or exemption document granted under temporary protection does not replace a general residence permit. The ending or cancellation of the status, or the deactivation of the record, may affect the validity of the work document. [3][4]
An international protection applicant and a refugee are not the same
An international protection applicant is a person on whose application no final status decision has been made. Conditional refugee, refugee and subsidiary protection are statuses with different consequences. While refugee and subsidiary protection identity documents can replace a work permit, an applicant and a conditional refugee must obtain a work permit separately before starting work. [1][2]
How do holders of refugee and subsidiary protection status work?
Under Law No. 6458 and Law No. 6735, holders of refugee and subsidiary protection status may work in dependent or independent employment from the date the status is recognized. Their identity documents replace a work permit, and this information is shown on the document. However, professions and duties reserved only for Turkish citizens in special laws are reserved. [1][2]
The identity document shows the right to work; it does not give a right to do every job
An identity document that replaces a work permit does not remove professional bans, diploma and equivalence conditions, prior authorizations, occupational health and safety obligations or social security registration. In healthcare, education or professions requiring special competence, the permit of the relevant institution may be required. The employer must verify the identity document and the currency of the status, and must separately carry out the SGK entry and pay notification.
What happens to the right to work if the status ends?
The ending or cancellation of refugee or subsidiary protection status also affects the right to work tied to the status. The employer should not rely only on the expiry date written on the card; it should check from the competent systems whether the identity and status record is active. When a change in status occurs, whether the foreign national can move to a different work permit route is examined separately.
The six-month period for an international protection applicant and a conditional refugee
An international protection applicant and a conditional refugee must obtain a work permit before starting work. The application can be made six months after the date of the international protection application. The expiry of the six-month period does not by itself start the right to work; it only allows the application to be made. [1][2]
Who makes the application?
For work tied to an employer, the application is made by the employer through the electronic system. If independent work is contemplated, the special conditions of the relevant permit type are assessed separately. The foreign national's identity document, employer records, employment contract and documents relating to the duty are uploaded to the system. Actual work must not be started before the application concludes.
Work outside the province of registration
An application for an international protection applicant or conditional refugee who has an obligation to reside in a particular province to work in another province is concluded after obtaining the opinion of the Ministry of the Interior. Actually moving outside the province of registration, signing an employment contract or the employer's being in another province does not by itself give authority to work. [2]
The employment contract and the change of province should be planned together
Before the work permit application, the employer should request current documents on the foreign national's province of registration, travel permits and address status. Even if the application is approved, there may be procedures that must be carried out separately in terms of the address or residence obligation. A work permit does not by itself remove the foreign national's province of registration and Migration Management obligations.
How can a foreign national under temporary protection work?
A foreign national under temporary protection may apply for a work permit or the work permit exemption route six months after the date the temporary protection identity document was issued. It is not sufficient that the identity document has merely been issued; the active record, identification number, province of registration and nature of the job must be checked. [3][4]
The work permit route
The employer applies on behalf of the foreign national holding a temporary protection identity document through the Ministry's work permit system. The employer's field of activity, workplace records, employment contract, the foreign national's duty and pay, and the special conditions of the sector are assessed. Prior authorization in the healthcare and education professions, the ban in professions reserved for Turkish citizens and the other provisions of the special legislation are reserved. [5]
The work permit exemption route
For foreign nationals under temporary protection working in seasonal agriculture and animal husbandry, and for international protection applicants and conditional refugees, a work permit exemption information form may be issued. A foreign national under temporary protection may also, under certain conditions, obtain an exemption information form of up to three months for seasonal work outside the province in which he or she is registered. An international protection applicant and conditional refugee, by contrast, can as a rule apply for this exemption only in the province in which the right to stay is provided. [3][6]
What does the 2026 exemption information form practice bring?
According to the Ministry's current document explanation, foreign nationals under temporary protection and humanitarian residence who are notified through the system by the Ministry of the Interior under sub-paragraph 48/1-ş of the Implementing Regulation of the International Labor Force Law may be considered within the work permit exemption for the notified scope and periods. The work permit exemption information form issued to these persons is valid together with the temporary protection identity document or the humanitarian residence permit. [3]
This mechanism does not mean that all foreign nationals under temporary protection can work in any job without documents. It is required that the person be within the Ministry of the Interior's notification, that the form has been issued, and that the activity and period conform to the scope shown in the form. The employer should not be satisfied with the foreign national merely "saying he or she is exempt"; it should check the information form and the verification record.
Seasonal agriculture exemption and the general exemption are not the same
The seasonal agriculture and animal husbandry exemption depends on specific activity and place conditions. The exemption under Regulation Art. 48/1-ş, on the other hand, rests on the person, scope and period notified by the Ministry of the Interior. An exemption form cannot be used in another sector, in another province or outside the period stated in the form.
How are the province of registration, travel and the province of the workplace assessed together?
The province of registration is an important element in the temporary protection regime. That a work permit or exemption has been granted does not in every case remove inter-provincial travel and address obligations. In its current explanations, Migration Management states that holders of work permits under temporary protection must obtain permission from Migration Management in the province in which they are registered for inter-provincial travel. Leaving the country, outside the cases of official permission, may lead to cancellation of the temporary protection record. [4]
Records the employer must check
- The type of temporary protection or international protection identity document.
- That the identity document is active and verifiable.
- The province of registration or in which the right to stay is provided.
- The province in which the workplace is located and the suitability of the application for that province.
- If necessary, the travel permit document or the opinion of the Ministry of the Interior.
- The scope of the work permit, exemption document or information form.
- The start and end dates of the document.
Evaluation criteria and employment quota
There are special provisions for foreign nationals under temporary protection and international protection. The employment quota, pay, province of registration and labor market assessment are applied according to the type of application. In the current work permit criteria, for some applications from within Türkiye made on behalf of foreign nationals who have had at least one year of lawful stay in Türkiye in the last three years on the basis of a work permit, residence permit or international protection, the principle has been introduced that the employment and financial adequacy criteria are not applied, limited to at most three foreign nationals at the same workplace. The special provisions of the legislation on international protection are reserved. [7]
A criteria exception is not a work permit exemption
Being excepted from the employment or financial adequacy criterion does not mean that the foreign national can work without obtaining a work permit. A criteria exception is merely the non-application of certain economic benchmarks in the evaluation of the application. A work permit exemption is the exception of work from the obligation to obtain a permit for a certain period and scope.
Pay and social security
For the foreign national who is granted permission, pay must be consistent with the undertaking in the work permit application and the nature of the duty. SGK registration, earnings subject to premiums and notifications to the Ministry are completed separately. Protection status does not remove the employer's obligations concerning the minimum wage, occupational health and safety, equal treatment and social security.
Prior authorization in healthcare and education professions
For healthcare professions and for foreign nationals who will work at private educational institutions, the prior authorization or suitability processes of the relevant ministries apply. Temporary protection or international protection status does not by itself remove the conditions of diploma, equivalence, professional competence and prior authorization. Before the work permit application, the employer should check the professional legislation and the equivalence of the foreign national's documents.
Are a work permit or exemption document regarded as a residence permit?
Fixed-term, indefinite and independent work permits can, as a rule, replace a residence permit. However, work permits and exemptions granted to persons under temporary protection, international protection applicants and conditional refugees do not replace a residence permit. These persons derive their right to stay in Türkiye from the protection status or the application document. [3]
The status document and the work document are valid together
If the temporary protection or international protection record becomes passive, is cancelled or ends, the legal basis of the work document may be affected. The employer should not look only at the date of the work permit card; it should also check the currency of the status document. The exemption information form is valid in particular together with the identity document.
Refusal, cancellation and routes of objection
The refusal of a work permit or work permit exemption application and the cancellation of the issued document are notified to the person concerned or the employer. Against the Ministry's decision, an objection may be made to the Ministry within thirty days of notification. If the objection is rejected, the administrative court route is available. An objection or a suit does not by itself stop the act. [1][8]
Which documents should the objection file contain?
The objection petition should not rest solely on the statement "we need the work". Depending on the reasoning for the refusal, the following documents may be prepared:
- A current copy of the status and identity document.
- Province of registration and address details.
- Work permit or exemption application records.
- The employment contract, job description and pay details.
- The employer's activity and employment documents.
- Prior authorization or professional competence document.
- The opinion of the Ministry of the Interior, the travel permit document or the exemption information form.
- New records and explanations that remedy the reasoning for the refusal.
Is a re-application possible?
If the ground for the refusal has been remedied, a re-application may be made. However, a re-application does not revive the time limit for filing suit against the earlier act. The objection and the re-application serve different purposes; the periods must be monitored separately.
Decision and document control table for the employer
| Control question | If yes | If no |
|---|---|---|
| Has the foreign national's status been definitely determined? | Move to the appropriate application route | The identity and Migration Management record is verified |
| Has the six-month waiting period expired? | Permit or exemption is assessed | Actual work is not started |
| Are the identity document and province of registration active? | Consistency with the workplace province is checked | No action is taken until the status problem is resolved |
| Does the right to work arise from the identity document? | For refugees/subsidiary protection, the SGK procedure is carried out | A separate permit or exemption is sought |
| Is there an exemption information form? | Scope, period and province are checked | Work is not carried out as if there were an exemption |
| Is it a profession requiring prior authorization? | The relevant institution's document is obtained | The general application documents are prepared |
| Have the SGK and Ministry notifications been made? | The file and receipts are kept | They are completed before the period passes |
Common mistakes
- Mistaking the temporary protection identity document for a work permit.
- Treating the expiry of the six-month period as an automatic right to work.
- Generalizing the 2026 exemption information form practice to everyone and every sector.
- Not considering the opinion of the Ministry of the Interior or the travel permit for work outside the province of registration.
- Confusing the work permit criteria exception with a work permit exemption.
- Treating refugee and subsidiary protection status and conditional refugees as the same.
- Assuming that the work document will remain valid even if the status ends.
- Putting SGK registration and pay obligations in second place because of protection status.
Conclusion
The right to work of foreign nationals under protection cannot be tied to a single rule. The type of status document, the six-month period, the province of registration, the nature of the work, the work permit or exemption form and the social security procedures must be assessed together. The 2026 exemption information form practice has created a new route for certain persons and scopes; but without a verified document together with the identity document, it does not give rise to a general and unlimited right to work. The safe method for the employer is to verify the status, the province of registration and the work document separately, and to complete the permit, SGK and notification processes before work begins.
Frequently Asked Questions
Does a temporary protection identity document replace a work permit?
No. The temporary protection identity document provides a right to stay; for work, a work permit or an applicable exemption document is separately required. [3][4]
When can a foreign national under temporary protection apply for a work permit?
An application for a work permit or a work permit exemption may be made six months after the date the identity document was issued. The expiry of the period does not give an automatic right to work. [4]
In 2026, are those under temporary protection entirely exempt from the work permit?
No. An exemption information form may be issued for certain persons and scopes notified by the Ministry of the Interior. An exemption cannot be assumed without verifying the person's form, scope and period. [3]
When can an international protection applicant work?
An application for a work permit may be made six months after the date of application; the person cannot start work before the permit is granted. [1][2]
Does a person with refugee or subsidiary protection status also obtain a separate permit?
The identity documents replace a work permit. However, professional bans, prior authorization, equivalence and SGK obligations continue. [1][2]
Is it possible to work outside the province of registration?
Depending on the file, it is possible; however, the opinion of the Ministry of the Interior, a travel permit or a change of province of registration may be required. The same rule is not applied to the temporary protection and international protection statuses.
How is an exemption obtained in seasonal agriculture?
A foreign national under temporary protection, an international protection applicant or a conditional refugee can obtain a work permit exemption information form by applying to the relevant provincial directorate. The place and period limits are checked separately. [3][6]
Does a work permit end protection status?
No. A work permit does not by itself end protection status. Conversely, the ending of the status may affect the validity of the work permit.
Does a work permit replace a residence permit?
A work permit or exemption granted to a person under temporary protection, an international protection applicant and a conditional refugee does not replace a residence permit. [3]
Within how many days can a refusal decision be objected to?
An objection may be made to the Ministry's decision within thirty days of notification. If the objection is rejected, the administrative court route may be considered. [1][8]
Sources
- Law No. 6735 on International Labor Force (6735 sayılı Uluslararası İşgücü Kanunu), in particular Arts. 6, 17, 21, 22 and 23: mevzuat.gov.tr
- Law No. 6458 on Foreigners and International Protection (6458 sayılı Yabancılar ve Uluslararası Koruma Kanunu; YUKK), in particular Arts. 76, 83 and 89: mevzuat.gov.tr
- Ministry of Labor and Social Security (Çalışma ve Sosyal Güvenlik Bakanlığı), "Yabancılara Düzenlenen Belgeler" (Documents Issued to Foreign Nationals): csgb.gov.tr
- Presidency of Migration Management (Göç İdaresi Başkanlığı), Temporary Protection Frequently Asked Questions: goc.gov.tr
- Ministry of Labor and Social Security, Work Permit Application Types: csgb.gov.tr
- Ministry of Labor and Social Security, Practice Guide on the Work Permits of Foreign Nationals under Temporary Protection (Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Uygulama Rehberi): csgb.gov.tr
- Ministry of Labor and Social Security, Work Permit Evaluation Criteria: csgb.gov.tr
- Ministry of Labor and Social Security, Work Permit Frequently Asked Questions: csgb.gov.tr
- Regulation on the Work Permits of Foreign Nationals under Temporary Protection (Geçici Koruma Sağlanan Yabancıların Çalışma İzinlerine Dair Yönetmelik), Official Gazette 15.01.2016, 29594.
- Council of State Plenary Assembly of Administrative Litigation Chambers, E.2022/30, K.2022/39, dated 15.06.2022: app.dejure.ai