“Regulation on Implementation of International Labor Law” was published in the Official Gazette dated 02.02.2022 and numbered 31738. With the publication of the said regulation, “The Implementation Regulation of the Law on Work Permits of Foreigners” was repealed.
Scope of the Regulation:
The regulation regulates international workforce and foreigners who:
- Work in Turkey,
- Having vocational training in Turkey,
- Do Internship in Turkey,
- And who provide cross-border services or apply for a work permit or work permit exemption to operate within this scope, and natural and legal persons who employ or apply to employ these foreigners.
The significant changes brought by the regulation are as follows:
- The regulation on the condition that the foreigner who applies for a work permit in Turkey has a residence permit for at least 6 months has been expanded.
In this context; Among the foreigners to be determined by the General Directorate, those who are legally in Turkey will be able to apply through the system without a valid residence permit. The said foreigners are those who meet the special conditions to be determined on the official website of the General Directorate every six months.
- Indefinite work permits issued before 04.04.2014 will be suspended if they are not renewed within 1 year as of 02.02.2022.
- In terms of work permit application to be made within Turkey:
- Regardless of the type of work permit application, the foreigner, for whom the work permit application is made, must have foreigner identification number,
- In the application for an independent work permit or an indefinite work permit, the foreigner, on whose behalf a work permit application is made, must have and electronic notification address ,
- In the work permit application to be made on behalf of the foreigner who will work for an employer, the employer must have an electronic notification address.
- In terms of domestic work permit applications, the requirement to obtain a valid permit within 30 days has been abolished.
- In terms of work permit application to be made from abroad:
- In the work permit application to be made on behalf of the foreigner who will work for an employer, the employer must have an electronic notification address.
- The electronic notification address of the foreigner, on whose behalf an indefinite work permit or an independent work permit application to be made, shall be notified to the Ministry via the system within thirty days from the start of the work.
- Completion of the work permit application:
- The foreigner who will work under the employer has to apply for a work visa for work permit applications made through Turkish foreign representatives. The employer, on the other hand, must upload the required documents to the system within 30 days of the application. After these processes, the application is approved and completed.
- In a work permit application where an employer is not present, the application must be made to the Turkish foreign representation. The foreigner submits the necessary information and documents to the foreign representation during the application. After the submitted information and documents are uploaded to the system by the foreign representative office, the work permit application is completed with the approval of the application.
- In terms of domestic work permit applications, the work permit application is completed after the information and documents requested in the work permit application are uploaded to the system and the employer approves the application.
- In case of deficiencies in the application, information or documents are requested from the applicant through the system and electronic notification address in order to complete the deficiencies. Missing information and documents in the application must be completed within 30 days from this request.
Conclusion
With the amendments, the scope of the regulation has been expanded, especially the scope of foreigners who will be exempted from work permit, compared to the abrogated regulation. Foreigners who are legally residing in Turkey but do not have a valid residence permit were also given the opportunity to apply – limited only to those determined by the General Directorate.
For more information, you may contact AYS Law Firm.