What is the difference between a student residence permit and a work permit?
A student residence permit is the permit document that allows a foreigner to stay in Türkiye for a particular educational purpose. A work permit, by contrast, is the administrative authorization that allows a foreigner to work for pay or earnings. A foreigner with a student residence permit cannot work for an employer without also holding a work permit. Nor does the grant of a work permit remove the person's student enrollment, the attendance obligation or the other conditions of the student residence permit. [1][4]
This distinction matters especially in three situations:
- A permit not being obtained because the student thinks they will work only outside class hours.
- The employer assuming that, because it has made the SGK registration, no work permit is needed.
- The assumption that the student residence permit ends automatically when a work permit is obtained.
Law No. 6735 provides that for a student who obtains a work permit, the valid student residence permit and the rights it gives continue. The two statuses therefore do not exclude each other; however, the conditions of each are followed separately. [1]
How is student status proved?
Under the Ministry's current evaluation criteria, the records of the Presidency of the Council of Higher Education are taken as the basis as to whether the foreigner is a student. A current student certificate obtained from the university, the enrollment status, whether the program is full-time, and the class and level of education are checked. Freezing of enrollment, disenrollment, graduation or a change of program may affect the work permit file. [2]
In its decision E.2016/711, K.2020/5931, the 10th Chamber of the Council of State (Danıştay) assessed the importance, for a student residence permit, of the university student certificate and of the administration's investigation of the records. Although the decision does not directly concern a work permit dispute, it is significant in showing that student status must be determined by the university record and concrete documents and not by assumption. [10]
The right of associate degree and bachelor's students to work
A foreign student enrolled in a full-time program at the associate degree or bachelor's level at a higher education institution in Türkiye may, after completing the first year of their studies, work part-time by obtaining a work permit. The completion of the first year is assessed not as an arbitrary twelve months passing from the date of enrollment, but on the basis of the student completing the first year of study in their program and the enrollment status being active. [1][2]
How is the first-year restriction applied?
An associate degree or bachelor's student cannot obtain a work permit while the first year of study is continuing. In the case of a preparatory class, a lateral transfer, a change of program or a freeze of enrollment, the calculation of the first year must be examined according to the specific file. The employer should not be content with the student's declaration; it should check the class/program information in the YÖK and university records.
What does part-time work mean?
Part-time work denotes an employment relationship in which the student works for a markedly shorter time than a comparable full-time worker. The working time, the employment contract, the shift records, the salary and the SGK premium days must be consistent with one another. Obtaining a part-time permit for the student but actually having them work full-time may lead to allegations of breach of the conditions of the permit and of incomplete social security notification.
How is the weekly working time determined?
The Regulation on Working Hours under the Labor Law explains part-time work as work performed up to two-thirds of comparable full-time work. However, the foreign student's permit document, employment contract and the Ministry's evaluation must be taken as the basis. The employer cannot turn actual full-time work into part-time work merely by reporting few premium days. [5]
Why does the province of study matter?
In applications made on behalf of associate degree and bachelor's students, the Ministry takes into account matters such as the province where the student studies. The obligation to attend education, the distance of the workplace, the working hours and the genuine student purpose may influence the evaluation. A long-term work plan in another province must be explained by the student's study and address records. [2]
In which jobs may an application be assessed unfavorably?
Under the Ministry's current criteria, applications made on behalf of foreign students for jobs in the entertainment sector that are not suited to their situation, and for domestic services, are assessed unfavorably. Even where there is no mandatory link between the student's field of study and the job, the employer should ensure that the job description is compatible with student status and that the working conditions do not in practice eliminate the student's education. [2]
The right of master's and doctoral students to work
For foreign students enrolled in full-time master's and doctoral programs, the restrictions of completing the first year and of part-time work applied to associate degree and bachelor's students do not apply. This does not mean that a graduate student can work without a permit or will automatically obtain a permit for every job. The work permit application is assessed as to the employer, duty, salary and the other general criteria. [1][2]
Can a graduate student work full-time?
The non-application of the special restrictions in the Law allows a full-time work permit to be granted. Nevertheless, the course, thesis, research and attendance obligations must not conflict with the actual work schedule. Special provisions in the university or scholarship program, research assistantships and scholarship contracts are examined separately.
Research and academic duties
Academic activity carried out at higher education institutions may have the nature of a scholarship, project work, a research assistantship or service on behalf of the university. Whether the activity falls within paid work, a scholarship, a compulsory academic duty or a work permit exemption must be determined according to its real content. No conclusion can be drawn from the expression "academic work" alone without examining the contract the foreigner has with the university and the form of payment.
How is a work permit application made?
For work tied to an employer, the application is made by the employer through the Ministry's electronic work permit system. The student's identity and residence documents, the current student certificate, the employment contract, the diploma or documents relating to the duty, and the employer's trade and activity documents are uploaded to the system. In health or education professions that require prior permission, the document of the relevant institution is completed before the application. [3][6]
Which student documents are important in the application?
- A student certificate with a current date.
- A record showing that the program is full-time.
- The level of study and class information.
- For an associate degree/bachelor's student, a record showing that the first year has been completed.
- If there is a scholarship program, the type of scholarship and the institution's letter.
- Explanatory documents if there has been a freeze of enrollment or a change of program.
- The student residence permit or a valid stay document.
Türkiye Scholarships and YÖK scholarship programs
In an application made on behalf of a foreigner studying under the Türkiye Scholarships Program, the opinion of the Presidency for Turks Abroad and Related Communities is obtained. In the applications of a foreigner who benefits from the YÖK Scholarship Program, during the period of study and after graduation, the opinion of YÖK is sought. The work restrictions in the scholarship contract must also be taken into account separately. [2]
Does making an application give the right to start work?
No. Completing the work permit application or obtaining a tracking number does not mean that the foreigner can start work. The permit decision and the starting date must be awaited. Actual work beginning earlier creates a risk of administrative sanction for both the employer and the student.
Does the student residence permit end when a work permit is obtained?
Under Law No. 6735, the valid student residence permit, and the rights that permit gives, of a foreigner who obtains a work permit while holding a student residence permit continue. The generalization seen in some older content that "a graduate student who obtains a work permit is exempt from the student residence permit" is therefore not consistent with the current provision. [1][4]
If the student record ends
Graduation, disenrollment, cancellation of enrollment or a long freeze of enrollment may affect the basis of the student residence permit. Whether the work permit will continue is examined separately according to the type of permit, the employer and the foreigner's new basis of stay. A change in student status must be notified consistently with the records at the Immigration Authority and the Ministry.
If the work permit ends
The expiry of the work permit does not by itself end a valid student residence permit. However, the student residence permit must still be valid and the student enrollment active. When the work ends, the foreigner should make sure that the SGK and Ministry notifications are completed.
Is a work permit or an exemption needed for internships?
It must be determined whether the internship is a compulsory educational activity or in fact paid work. Internships that are a compulsory part of the university curriculum and documented by the school may be assessed within the work permit exemption. Where a relationship of production and service is created under the name of a voluntary or long-term internship, a work permit may be required. [7]
Compulsory internship
For a compulsory internship, the university's internship letter, the term, the workplace, the insurance obligation and the program content must be prepared. If an exemption application or document is needed, it must be completed before the internship begins. The university's payment of the insurance premium does not on its own provide an exemption as regards a work permit.
Voluntary internship and probationary work
If, in an activity called a "voluntary internship", the foreigner works regular hours, is subject to the employer's orders and instructions and produces economic value for the workplace, the real relationship may have the nature of a contract of service. What is decisive is the form of work, not the name of the activity.
How should SGK, salary and working time be notified?
SGK registration is made for a student who has been granted a work permit. The part-time work of an associate degree and bachelor's student must be notified on a premium day count consistent with the contract and the actual working hours. If a graduate student works full-time, the general rules on salary and premiums apply. [8]
The salary criterion
The salary for a foreign student must satisfy the Ministry's current salary criteria according to the nature of the job and duty. Being a student does not remove the employer's obligations of minimum wage and equal treatment. The salary declared in the application must be consistent with the payroll and the bank payment. [2]
Start of work and notification
In an application from within the country, the work and social security obligations are completed within one month of the start of the permit. The start and end of work and circumstances requiring cancellation are notified to the Ministry within fifteen days. If there is a change in student status, a separate notification is made according to the file. [8]
A work permit after graduation
An application for a work permit made within one year of the graduation date by a foreigner who has completed higher education in Türkiye is evaluated in line with the international labor force policy. This provision does not give the graduate the right to work without a permit, or to stay automatically, for a year. The end of the student residence permit after graduation and the move to an appropriate residence or work route must be followed separately. [1]
The one-year application window
The one-year period is calculated from the date on the graduation document. The application must be completed by the employer, and the foreigner must have a valid stay status and the necessary documents. The passing of more than one year since graduation does not make an application impossible; however, the special evaluation provision for graduates may not be available.
Objection to a refusal decision and reapplication
A refusal of a work permit application may be objected to before the Ministry within thirty days of notification. The objection is made through the e-İzin system with an explanatory petition and documents. If the objection is rejected, the administrative court route may be considered. If the ground of refusal has been remedied, reapplication is possible; however, a reapplication does not revive the time limit for suit against the earlier act. [3]
Common grounds of refusal in student files
- The associate degree/bachelor's student not having completed the first year.
- The program not being a full-time one.
- The student record appearing passive or frozen.
- Actual full-time work being planned instead of part-time work.
- The job not being compatible with the student's situation or the province of study.
- A duty assessed unfavorably in the entertainment or domestic services field.
- The employer criteria not being met.
- The scholarship institution's opinion being negative.
- A mismatch between the student certificate and the YÖK record.
What documents may be submitted in the objection file?
Depending on the ground of refusal, the current YÖK record, a university letter, a transcript showing completion of the first year, a part-time contract, the class schedule, the workplace work chart, the scholarship institution's opinion and documents showing the employer criteria may be submitted. The objection petition must link each document to the ground of refusal.
Checklist for the employer and the student
- Is the student's program full-time?
- If associate degree/bachelor's, has the first year been completed?
- Are the part-time working hours clear in the contract?
- Is the job one of the duties assessed unfavorably, such as in entertainment or domestic services?
- Is there a difference between the province of study and the province of the workplace that needs to be explained?
- Are the YÖK and university records current?
- Is the scholarship institution's opinion required?
- Are the student residence permit and the address record valid?
- Are the salary and the SGK notification consistent with the permit application?
- Has graduation, a freeze of enrollment or disenrollment been notified?
Conclusion
A foreign student's right to work depends not only on their student identity but on the level of education, the full-time nature of the program, completion of the first year, the working time and the Ministry's permit. For associate degree and bachelor's students, the first year and the part-time limit are decisive; for graduate students, the general work permit criteria. A work permit does not automatically end the student residence permit, but the student record, the employment contract, the SGK notification and the actual work must be consistent with one another. Internships and applications after graduation must also be assessed with their own special conditions.
Frequently Asked Questions
Can a foreigner with a student residence permit work?
They cannot work with a student residence permit alone. A work permit must be obtained before starting work. [1]
Can an associate degree student work in the first year?
No. Associate degree and bachelor's students can obtain a part-time work permit after completing the first year of their studies. [1][2]
Does a master's student wait for the first year?
No. The restrictions of completing the first year and of part-time work do not apply to full-time master's and doctoral students; however, a work permit is required. [1][2]
Can a foreign student work full-time?
An associate degree and bachelor's student can work part-time. This restriction does not exist for a graduate student; the permit and the employment contract may be suitable for full-time work.
If a work permit is obtained, is the student residence permit cancelled?
No. The valid student residence permit and the rights it gives continue. [1]
Can a student work in a different province?
In the evaluation of the application, the province where the associate degree and bachelor's student studies in particular is taken into account. A work plan in another province must be explained by the education and address records. [2]
Can a foreign student work in domestic services?
Under the Ministry's current criteria, applications made on behalf of foreign students in domestic services are assessed unfavorably. [2]
Is a work permit needed for a compulsory internship?
An internship that is a compulsory part of the university curriculum may be assessed within the work permit exemption. The internship letter and the exemption procedures must be completed before it begins. [7]
How long after graduating can a foreigner apply?
An application made within one year of graduation by a foreigner who completed higher education in Türkiye is subject to special evaluation. This period does not give the right to work without a permit. [1]
Within how many days is a refusal decision objected to?
An objection may be made to the Ministry through the system within thirty days of notification. If the objection is rejected, the administrative court route may be considered. [3]
Sources
- Law No. 6735 on International Labor Force (Uluslararası İşgücü Kanunu), in particular Arts. 19, 21 and 22: mevzuat.gov.tr
- Ministry of Labor and Social Security (ÇSGB), Work Permit Evaluation Criteria (Çalışma İzni Değerlendirme Kriterleri), "Foreign Students" section: csgb.gov.tr
- ÇSGB, Work Permit Frequently Asked Questions (Çalışma İzni Sıkça Sorulan Sorular): csgb.gov.tr
- Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu), in particular Arts. 38-41: mevzuat.gov.tr
- Regulation on Working Hours under the Labor Law (İş Kanununa İlişkin Çalışma Süreleri Yönetmeliği), Art. 6.
- ÇSGB, Work Permit Application Types and Documents (Çalışma İzni Başvuru Türleri ve Belgeler): csgb.gov.tr
- ÇSGB, Work Permit Exemption Frequently Asked Questions and explanations on student internships (Çalışma İzni Muafiyeti Sıkça Sorulan Sorular): csgb.gov.tr
- ÇSGB, Social Security of Foreign Workers (Yabancı Çalışanların Sosyal Güvenliği): csgb.gov.tr
- Student registration and scholarship regulations of the Council of Higher Education (YÖK) Presidency and the relevant university.
- Council of State (Danıştay) 10th Chamber, E.2016/711, K.2020/5931, 08.12.2020: app.dejure.ai