Contact: Begüm Taner Huntürk; Erdem & Erdem (Turkey)
The Regulation Regarding Implementation of Law on Work Permits for Foreign Citizens dated 29.08.2003 was modified and published in the Official Gazette numbered 27918 and dated 28.04.2011.
The major novelties are illustrated herein below with comparison of old and new versions.
- ·Article 5/1: In the former regulation it was stated that for applications made via online, completed and signed hard copies of the application form should be dispatched to the Home Ministry with the other supporting documents within six business days following the application date. In the current Regulation, the time period of six days is removed and the arrival of the documents to the Home Ministry reckoned to be sufficient irrespective of time limit. On the other hand, the time period of six days is inserted in article 7, which regulates the in-country applications.
- ·Article 6/3: In the former regulation, it was stated that applications from abroad should be addressed to the representative offices (Turkish General Consulate etc.) of Turkish Republic based on the country where the application has been lodged with. On the application date or within ten business days following the application date, the sponsor employer who offered the position to the applicant should submit the supporting documents (a copy of employment contract, description of role, salary etc.) to the Home Ministry. Besides, it was stated that the applications submitted to the Ministry within ten business days prior to the application that had been made to the representative offices would be also evaluated. In the current Regulation, it is stipulated that the sponsor employer shall make online application and submit the documents to the Ministry within ten business days following the application of the foreign citizen made in the representative offices of Turkey abroad.
- ·Article 7/3: Regarding the in-country applications, it is stated that the application form and all required relevant documents shall be submitted to the Ministry within six business days following the online submission of the application.
- ·Article 8: Subparagraphs 6 and 7 of Article 8 are abrogated. The aforesaid subparagraphs stipulated that the document issued by the Ministry regarding the renewal applications shall be valid for 90 days.
Furthermore, whereas in the former regulation, it was stated that the foreign citizens or the sponsoring employer was obliged to submit the former work permit certificate to the Ministry with the application form and other supporting documents listed in the annex of the regulation; in the current Regulation, this obligation is abrogated.
In subparagraph 5 of Article 8, it was stated that the foreign citizens who applied for the extension of existing work permit could continue working, provided that the nature of his work remains the same and he works for the same employer and in the same profession until the renewal process is finalized. In the current Regulation, it is stated that the foreign citizen who applied for the extension of work permit can continue working for a maximum of 45 days, provided that the nature of his work remains the same and he works for the same employer and in the same profession. It is also stated that work conducted during the application process period will be considered lawful stay and work in the country and obligations of the foreign citizen, the relevant authorities and the employer will remain in force and the foreign citizens who applied for renewal shall be notified to the Ministry online.
- ·Article 9: Pursuant to this article, in the cases where the required documents by law are incomplete in order to grant work permit, the applicant shall be notified and allowed “thirty days of period” to complete and forward the required documents to the Ministry. The period of thirty days will commence from the date in which the first application form and incomplete documents have been submitted to the Ministry. It is stated that in the event the application for work permit is not duly effectuated in accordance with the procedures and principles or incomplete documents have not been submitted to the Ministry within fifteen days, the application for the work permit will be rejected.
- ·Article 13: In the former wording of subparagraph 3 of Article 13, which was stipulating evaluation for granting or renewing work permits, professions and jobs, which are deemed to be unsuitable for the foreign citizens, should be reported to the Ministry periodically every four weeks by the Turkish Employment Organization/Job Centre on the basis of province. In the current Regulation, it is regulated that within four weeks following the application, the Turkish Employment Organization will scrutinize and check the unemployment records in order to determine whether there are a jobseeker Turkish persons in the territory with the equivalent qualification for the role in question.
Furthermore, it is also stated in subparagraph 4 of Article 13 that the Ministry will determine the criteria for evaluation.
Subparagraph 5 of Article 13 is abrogated.
- ·Article 26: In the former wording of Article 26, the Ministry was entitled to extend or restrict the validity area of work permits for a definite term by taking into consideration of the data entered on the basis of province, administrative district or geographical region. In the current Regulation, it is regulated that the Ministry is entitled to make amendments only on the basis of province or geographical region. The phrase of “administrative district” is removed from the article.
It is inserted in article 26 that the work permit will be valid only for the same employer who sponsored the work permit and address indicated on the certificate and any request for the foreign citizen to enable work in another branch, registered in the trade registry of the same sponsor company, will be evaluated by the Ministry. Moreover it is also stated that if the request by the foreign citizen is approved by the Ministry, the necessary amendments will be made and the relevant authorities will be informed about such change. Also, it is stipulated that in the case of any change in the trade name or the company address, the compulsory notification and amendments will be made to the relevant authorities along with the verifying documents of these changes issued by official authorities.
- ·Article 35/2: In the former wording of Article 35/2, which was stipulating work permits for an indefinite term, it was stated that the work permit would be valid depending on the validity of residence permit unless there was any change made within context of the work permit. It is currently regulated that the work permit for an indefinite term can be valid depending on the validity of residence permit and in the case of any change of the employer or the address of the workplace; the Ministry shall be informed within fifteen days. It is stated that in such a case, the Ministry will make necessary amendments to the work permit certificate and inform the relevant authorities.
- ·Article 44: In the former wording of Article 44, it was regulated that among the foreign citizens who gained permanent residency in Turkey through marriage with a Turkish citizen can apply directly to the Ministry in order to obtain exceptional work permit. It is currently regulated that only the time condition for residence permit is not required for such foreign citizens.
