Work Permit for Partners of Foreign Capitalized Companies

Work permits of foreign national personnel to be employed within companies, branches and contact offices operating within Direct Foreign Investments Law no. 4875 are evaluated. Applications of foreign national key personnel to be employed in direct foreign investments which constitute specialty and contact offices are evaluated within this branch.

Direct foreign investments which constitute specialty: Describes company or branch which meets at least one of the conditions below and is within the law no. 4875. Work permit requests of key personnel to be employed in direct foreign investments which constitute specialty within the 4th article of Regulation Concerning Employment of Foreign National Personnel in Direct Foreign Investments and executives (such as General Manager) of great industry institutions are evaluated in a Branch Office within our Department. Files received by this unit are concluded within maximum 15 days.
Hovewer the law no. 4817 and provisions of Practice Regulation of Law Concerning Foreigners’ Work Permits are applied to the work permits of any foreign national personnel to be employed in direct foreign investments except for direct foreign investments which constitute specialty and foreign national personnel employed in direct foreign investments which constitute specialty except for key personnel

For a company or branch to be considered “direct foreign investments which constitute specialty” it must meet at least one of the conditions below:

1) Provided that total share of foreign partners is minimum 812.777 TRY, company’s or branch’s giro of the last year should be at least 61,04 million TRY
2) Provided that total share of foreign partners is minimum 812.777 TRY, company’s or branch’s export of the last year should be at least 1 million USD
3) Provided that total share of foreign partners is minimum 812.777 TRY, employment of minimum 250 personnel registered to Social Insurances Institution by company or branch within the last year
4) If company or branch is to make an investment, estimated minimum fixed investment amount should be minimum 20,4 million TRY
5) There should be another direct foreign investment in minimum one other country except for the country where the center of main company is.

Foreign Investor Work Permit
Personnel of a company, which has legal entity, founded in Turkey, who meets minimum one of the conditions below:

1) • Working in senior management or executive position of the company
• Managing the whole or a part of the company
• Controlling or supervising the works of supervisers, administive or technical personnel
• Employing a new personnel to the company or dismiss the current personnel or making offers concerning these
A person who undertakes minimum one of the tasks above or has authority in this regard; company partner, chairman of the executive board, member of the executive board, general manager, vice general manager, company manager, vice company manager or working in a similar position,

2) A person who has fundamental knowledge for services, research devices, techniques or execution of the company,

3) Maximum one person who has been given authorization by the main company abroad for contact offices
Foreign companies or foreign key personnel who apply for work permit as direct foreign investor are liable to submit the documents which indicate that they meet the criteria above along with the general documents required for application.
If the foreigner is an engineer, architect or city planner, he/she must give letter of commitment approved by consulate or notary to indicate that he/she will not be performing his/her occupation.

DOCUMENTS REQUESTED FROM FOREIGNER

1) Foreigners’ work permit request petition addressed to the Ministry of Labor and Social Security
2) Foreign Personnel Application Form (4 copies, including original signatures of employer and employee and photo taken within the last 6 months. If there is not original signatures of both employee and foreign personnel, individual contract made between the parties or job acceptance
3) Passport copy approved by notary and translated into Turkish for applciations from Turkey
4) Passport copy translated into Turkish approved by certified translator
5) For work permit applications made from Turkey, valid residence permit (it must be at least six months’ and application must be made within this period)
6) Resume (please click to see the format)
7)  If the foreigner is assigned from abroad, partner representative or key personnel, document given by his/her employer  approved by competent authorities to indicate his/her situation.

FOREIGNER WHO REQUEST WORK PERMIT WITHIN VOCATIONAL SERVICES MUST SUBMIT THE DOCUMENTS BELOW IN ADDITION TO THE DOCUMENTS ABOVE

1) If he/she received education abroad, as per the 3 and 7/p articles of the law no. 2547, “Diploma Equivalency Certificate” obtained in line with the “Equivalency Regulation of Higher Education Diplomas Abroad”
2) Certificate that indicates that he/she performs his/her vocation, that he/she is a member of the trade body in his/her own country and that he/she does not have “restraint from vocation punishment” taken in the last six months.
3) If he/she provides services for consultancy or technical schooling, copy of contract and work description certificate (between company and company or between company and person)
4) For engineers, architects and city planners, if they provide services as expert for consultancy and technical schooling  of every kind and scale or prepare project in project which a tender is initiated by public institutions and organizations and get signing authority, they must submit commitment letter which stipulates to remain exclusive for this job, approved by notary or consulate.
5) In legal entities to employ foreign experts within engineering, architecture, construction and consultancy services, payroll to indicate that Turkish engineer/architect/city planner is employed for the same occupation and copy of contract made with the foreigner.

DOCUMENTS REQUIRED FROM THE COMPANY

1) Work permit request petition addressed to the Ministy of Labor and Social Security
2) Information and documents to prove that it is within the 4th article of the Regulation concerning Employment of Foreign National Personnel in Direct Foreign Investments
3) Balance sheet or statement of profit and loss of the last year, approved by tax office
4) The original or copy, approved by the institution, of Turkish Trade Registry Gazette which indicates the last capital and partnership structure
5) If the foreigner is within the social security system in his/her own country, probative document given by official authorities of his/her country and its copy translated into Turkish approved by notary
6) Premium roll of the last month to indicate SSK or Bağ-Kur registration of all personnel, Turkish or foreigner, working in the company for which work permit application is made.