Turkish Law on the Work Permit for Foreigners No. 4817 which had been in effect since 2003 has been abrogated by Article 27.7 of Law No 6735 on International Workforce, which entered into force on the date of 13.08.2016 regarding Work Permit for foreigners.
PARTNERS AND DIRECTORS OF COMPANIES
In accordance with Article 10.5 of The Law on International Workforce No 6735, it has been expressly regulated that;
- Foreign Managing Director who is the shareholderof limited liability companies and,
- Foreign shareholder of joint-stock company who is also member to board of directors
must obtain work permit,
However in accordance with Article 13.7 of the above mentioned Code,
- Foreign Non-resident member of board directors of joint-stock companies,
- Non-executive foreign shareholders of limited liability companies,
are exempt from work permit.
Thus, it has been clarified that the nonexecutive foreign shareholders of limited liability companies and also the non-resident foreign board members of joint-stock companies who are not shareholder shall be assessed in the scope of work permit exemption.
Foreigners who are entitled to a work permit exemption must obtain the document proving this exemption.
On the other hand, the executive Managing Director of a limited liability company must obtain work permit without consedering whether he/she is shareholder or not.
In addition to the tax immunity promulgated by Avoiding Double Taxation Agreements between countries; by virtue of the mentioned article, the Cross-Border Service Providers whose activities in Turkey not exceeding ninety days within the period of hundred and eighty days shall be assessed in the scope of work permit exemption.
Work permit is granted for a year, and it may be extended to the period of two or three years with the condition to be employed by the same employer. Regardless to be employed by the same employer; foreigners who has completed a period of eight years of work permit without interruption shall be entitled to apply for the acquirement of a permanent work permit.
In order to provide a skilled workforce; ‘’Turquois Card’ providing a permanent work permit has been regulated by Article 11 of the mentioned Code. ‘’In accordance with the international workforce policy; Turquois Card shall be granted to the foreigners whose applications are accepted as appropriate with regard to their education level, professional experience, contribution to science and technology, effects of activities or investment in Turkey to national economy and employment, suggestions of International Workforce Policy Advisory Board and procedure and principles designated by Ministry .’’ With this regulation, qualified foreigners founded favourable by the evaluation performed in the end of the period of the first three years of transition following the application, shall be entitled to benefit from all the rights provided by a permanent work permit.
Foreigners planning to work in free zones must primarily obtain the conformity opinion of Ministry of Economy.
ENGINEER, ARCHITECT AND STUDENTS
In accordance with Article 20 of the above mentioned Code,
Foreignengineers and architects shall be entitled to apply for the acquirement of the Project-based of temporary work permit, provided that their graduation certificates are recognized by Council of Higher Education. Engineers and Architects must receive the opinion of the Union of Chambers of Engineers and Architectduring their work permit applications.
It has been promulgated by Article 19 of New Code that foreign students residing in Turkey and who are subject to a Higher Education Institution may also work by obtaining work permit.
It has been come into force by the law no 6735 that those who do not hold residence permit may also apply for work permit and conclude it in Turkey. Accordingly, the process of work permit application made without residence permit has been simplified and centralized in a single body in order to eliminate the complex bureaucracy in comparison to the Law No 4817.
In any case, besides of the obligation of employing five Turkish citizens regulated by the Article 13 of the Regulation for Implementation of Law on Work Permit for Foreigners No 4817; the evaluation criterias related to the work permit will be also re-determined and announced within the frame of the Law on International Workforce No 6735 by Ministry of Labour and Social Security.