A work permit and the authority to practise a profession are separate
A work permit gives the right to work for a particular employer, in a particular duty and for a particular period. Engineering, architecture and city planning, however, are subject to special professional legislation. A work permit therefore does not always give the authority to sign projects or to assume professional responsibility.
Three legal layers
- Diploma and equivalence.
- Work permit.
- Professional authority and chamber procedures.
A deficiency in one of these layers is not automatically made up by another document.
Diploma and equivalence
According to the document list of the Ministry of Labor and Social Security (ÇSGB), an engineer or architect who studied abroad must submit a Council of Higher Education (YÖK) Diploma Equivalence Certificate or a Provisional Graduation Equivalence Certificate. [2]
What question does equivalence answer?
It determines which academic program and title in Türkiye the foreign program corresponds to. Programs such as "construction engineering", "architectural technology" or "urban design" cannot be translated directly into a Turkish professional title.
Consistency of documents
The name, graduation and program details in the diploma, transcript, equivalence document and passport must be consistent. Documents in a foreign language are submitted with a proper translation and, where necessary, an apostille.
Turkish personnel in the same profession
A legal-entity employer must show, by wage payroll, that it employs Turkish personnel in the same profession as the foreign engineer or architect. An employee in a different branch of engineering for a civil engineer, or a technical draughtsman for an architect, is not in every case regarded as the same profession. The payroll must be consistent with the SGK profession code and the actual duty. [2]
The salary criterion
Under the Ministry's current criteria, the gross salary for engineers and architects is at least four times the gross minimum wage in force on the date of application. For city planning, the duty and the professional service class are assessed separately. The salary in the application must be consistent with the contract and the SGK notification. [3]
TMMOB temporary membership
Law No. 6235 regulates the temporary membership system for the professional activity of foreign engineers and architects. Work permit endorsements may contain a requirement that temporary membership of the relevant chamber be registered or extended within one month at the latest. [4]
Which chamber is the registration made with?
Depending on the profession, the Chamber of Civil Engineers, the Chamber of Mechanical Engineers, the Chamber of Architects, the Chamber of City Planners or another relevant chamber comes into question. The title in the equivalence document and the choice of chamber must be consistent.
Work permit endorsements
The "may not work under a professional title" endorsement
Some permits state that the foreigner is not given the authority to work and sign under the title of engineer, architect or city planner within the meaning of Law No. 3458. The foreigner may have obtained the permit for another administrative or technical duty; they cannot in fact sign projects.
Can the prohibition be circumvented by changing the title?
No. Even if the contract says "technical coordinator", if the foreigner actually prepares and signs engineering projects, the real activity is taken into account.
The temporary chamber membership endorsement
This endorsement imposes a requirement of temporary membership of the relevant chamber within a specified period. Failing to register the membership in time affects professional activity.
Project and signing authority
Providing data, calculation, modeling or design support within a technical team is different from signing a project for which the legislation requires the signature of an authorized member of the profession. The professional who signs is responsible for the technical and legal conformity of the project. A work permit does not automatically satisfy all the requirements in the tender or licensing legislation.
Professional service of less than one month
The Implementing Regulation may provide an exemption for certain professional services. According to the Ministry's explanation, if the service period exceeds one month, academic and professional qualifications must be completed, a work permit obtained and temporary membership of the relevant professional organization registered. The exemption does not remove the project signature and the special professional requirements. [5]
Company partner or managing engineer
Being a company partner or manager does not give authority to practise a profession. If the foreigner takes on a management duty only, the application should be prepared accordingly; if they actually do project, design or signing work, it should be prepared according to the professional service requirements.
Application checklist
| Item | Document | Check |
|---|---|---|
| Education | Passport, diploma, translation | Consistency of program and identity |
| Equivalence | Diploma/provisional equivalence | The professional title it corresponds to |
| Employer | Trade registry and activity documents | The real employer and activity |
| Turkish personnel | Payroll of a Turkish employee in the same profession | Profession code and actual duty |
| Contract | Duty, salary, place and term | Four-times salary and consistency of duty |
| Chamber | Temporary membership plan | Endorsement and time limit |
| Project | Technical duty description | Scope of the permit and signature |
Refusal and objection
A refusal may be given because of the absence of equivalence, failure to prove the requirement of Turkish personnel in the same profession, a low salary, a duty code that does not match the diploma, or a chamber/professional requirement. The objection is filed within thirty days of notification. The equivalence, payroll, chamber letter, duty and salary records should be submitted together according to the grounds of refusal. [6]
Related articles: Professions Foreigners Cannot Practice in Türkiye; Foreign Work Permits in R&D, Design and Technology Development Zones.
Conclusion
The employment of a foreign engineer, architect or city planner is not a single-stage process. Equivalence, Turkish personnel, salary, duty, chamber membership and the permit endorsement must be examined together; the professional duty to be assumed after the permit and the limit of signing authority should be set up from the beginning.
Frequently Asked Questions
Can a permit be obtained under the title of engineer without equivalence?
An equivalence certificate is requested in a professional service application. A permit obtained for another duty does not give authority to practise the profession.
How high must the salary be?
At least four times the gross minimum wage is required for engineers and architects.
Does a work permit give the right to sign projects?
Not always. Equivalence, the chamber, the endorsement and the project legislation are examined separately.
When is TMMOB membership registered?
The permit endorsement may impose a requirement of temporary membership of the relevant chamber within one month at the latest.
Is a permit not required for a one-month service?
It may be assessed if there is a suitable exemption category and the document requirements are met; the special professional requirements continue to apply.
Sources
- Law No. 6735 on International Labor Force (Uluslararası İşgücü Kanunu): resmigazete.gov.tr
- ÇSGB, Work Permit Documents (Çalışma İzni Belgeleri): csgb.gov.tr
- ÇSGB, Work Permit Evaluation Criteria (Çalışma İzni Değerlendirme Kriterleri): csgb.gov.tr
- ÇSGB, Work Permit Endorsements (Çalışma İzni Şerhleri): csgb.gov.tr
- ÇSGB, Work Permit Exemption Types (Çalışma İzni Muafiyet Türleri): csgb.gov.tr
- ÇSGB, Work Permit Frequently Asked Questions (Çalışma İzni Sık Sorulan Sorular): csgb.gov.tr