WORK PERMIT FOR DIRECT FOREIGN INVESTMENTS
Work permits of the foreign personnel to be employed within companies, branch offices and contact offices which operate within Direct Foreign Investments Law numbered 4875 are evaluated. Applications of foreign key personnel to be employed in direct foreign investments and contact offices, which pose specialty,are evaluated within this branch.
Work permit requests of executives of grand industry institutions and key personnel to be employed in direct foreign investments posing specialty within the 4th article of the Regulations Concerning Employing Foreign Personnel for Direct Foreign Investments are evaluated by a Branch Office. Files are concluded within maximum 15 days.
However provisions of Implementation Regulations of the Law Concerning Foreigners’ Work Permits and Law numbered 4817 are applied for work permits of any other personnel than these.
Criteria for Direct Foreign Investments Which Present Specialty in 2012
As per the Regulations Concerning Employment of Foreign National Personnel in Direct Foreign Investments published in Official Gazette numbered 25214 and dated 29/8/2003, companies or branches which are within the Law numbered 4875 and provide at least one of the conditions listed below are considered (Mentioned amounts of Turkish Lira are reached by increasing at the rate of revaluation determined every year)
a- That the last year’s endorse of the company or branch is at least 74,1 million TL provided that total shares of foreign partners are at least 985,799 TL
b- That the last year’s export of the company or branch is at least 1 million USD provided that total shares of foreign partners are at least 985,799 TL
c- Employment of at least 250 personnel registered to the Social Security Institution by the company or branch during the last year provided that total shares of foreign partners are at least 985,799 TL
d- If the company or branch is to invest, that predicted minimum fixed amount of investment is at least 24,7 million TL
e- That the main company has direct foreign investment in at least one other country except for the country in which its main office is located.
The personnel of a company, which is established in Turkey and has legal entity, is considered “Key Personnel” if he/she possesses at least one of the conditions listed below:
a. Persons who work in CEO, board member, general manager, vice general manager or similar positions who has authority of or take office in:
1) Working in top management or in executive position,
2) Managing the entirety or a part of the company,
3) Checking or controlling the works of administrative or technical personnel or supervisors of the company
4) Employing new personnel or dismiss the current personnel or make offers concerning these
b) Persons who have basic information about the services, survey instruments, techniques or management
c) For contact offices, Maximum one person on the name of whom certificate of authorization is prepared by the main company abroad.
Foreign companies, which want to apply for work permit directly as foreign investor or foreigners, who are to work as key personnel, are liable to submit the documents to indicate that they meet the criteria mentioned above with the general documents required during the application. If the occupation of the foreigner stated on diploma is architect, engineer or city planner, he/she has to give commitment letter approved by notary or consulate to indicate that he/she will not perform his/her occupation.
DOCUMENTS REQUIRED FOR THE FIRST APPLICATION
Documents required from the employer institution
1. Work permit application petition (To be scanned during the electronic application, also sent by the employer in paper with wet signature)
2. Foreign Personnel Application Form (to be filled in electronic media, printed and then signed by the employer and employee and sent to the Ministry as a copy by hand. If there is not original signatures of the employer and the employee, work contract made between two parties is to be submitted. Otherwise, the application is not put into process)
3. Turkish Trade Registry Gazette which indicate the structure of partnership and capital of the institution (To be scanned and sent online during electronic application)
4. The last year’s balance sheet and statement of profit and loss approved by tax offices or certified public accountant (To be scanned and sent online during electronic application)
5. Documents and information to prove that the company is within Direct Foreign Investments Posing Specialty (To be scanned and sent online during electronic application)
6. Letter which certifies that the institutions (including consortia), which has gained the right to carry out the projects initiated an international tender by the public organizations and institution, undertake the work they will receive from the relevant organization and institution (To be scanned and sent online during electronic application)
7. For legal entities to employ foreign experts within engineering, architecture, construction business and consultancy services, copy of the contract made with the foreigner and payroll indicating that a Turkish engineer/architect/city planner is employed for the same vocation (To be scanned and sent online during electronic application)
8. Notary approved power of attorney of the person who has the authority to make electronic application as “user” on the name of the institution to employ the foreign personnel or document to indicate that the user works in the applicant institution (To be scanned and sent online during electronic application)
DOCUMENTS REQUIRED FROM THE FOREIGNER
1. For the applications made from Turkey, a residence permit valid for at least 6 months and on the date of application, except for those for education purposes (To be scanned and sent online during electronic application)
2. If the applicant does not have a valid residence permit, he/she has to apply for work permit and visa by submitting work contract or company partnership to the representatives of Republic of Turkey in his/her country of citizenship or residence
3. If the foreigner in the status of key personnel to be employed in a company meeting at least one of the criteria of direct foreign investments posing specialty is proved (submitting approved copy of the visa and entry date part of the passport)legally in Turkey, application can be made directly to our ministry. These are required to obtain work visa from the representatives of Republic of Turkey abroad, enter into Turkey and apply to the security authorities to obtain residence permit to obtain residence permit within 30 days following the date of entry
4. If the foreigner is a key personnel, information and documents provided in 10/b article of the Regulations Concerning Employment of Foreign Personnel by Direct Foreign Investments (Scanned documents requested at other articles are not to be uploaded again. The rest are to be scanned and sent online during electronic application)
5. Copy of passport Turkish translation of which is approved by the official authorities or certified translator, (To be scanned and sent online during electronic application)
6. Copy of temporary graduation letter or diploma with Turkish translation and approved by the notary for the foreigners who are to work within vocational services and other professions found necessary by the Ministry , (To be scanned and sent online during electronic application, also in paper)
7. “Diploma or Temporary Graduation Letter” obtained in accordance with “Equivalence Regulations of Higher Education Diplomas Abroad” as per the 3th and 7/p articles of the law numbered 2547 in addition to the documents mentioned above for foreigners who request work permit within vocational services if they received education abroad,
ADDITIONAL DOCUMENTS FOR FOREIGNERS WHO REQUEST WORK PERMIT WITHIN VOCATIONAL SERVICES
1. Diploma or Temporary Graduation Letter” obtained in accordance with “Equivalence Regulations of Higher Education Diplomas Abroad” as per the 3th and 7/p articles of the law numbered 2547 in addition to the documents mentioned above for foreigners who request work permit within vocational services if they received education abroad,
2. Documents, taken in last 6 months to indicate that they perform their vocation, that they are a member of professional organization in his/her own country and that they have not gotten prohibition from vocation
3. If he/she provides consultancy or technical schooling services, work description document and copy of contract (between company-company or company-individual)
4. If the engineers, architects or city planners provide services as experts for any kind or scale consultancy or technical schooling or prepare projects for those international tender is initiated by public organizations or institutions and has signing authority, letter of commitment, approved by notary or consulate, stating that remain exclusively for this job
5. For legal entities to employ foreign experts within engineering, architecture, construction business and consultancy services, copy of the contract made with the foreigner and payroll indicating that a Turkish engineer/architect/city planner is employed for the same vocation.
DOCUMENTS REQUESTED FROM THE COMPANY
1. Work permit request petition addressed to Ministry of Labor and Social Security
2. Information and documents to prove that it is within the 4th article of Regulations Concerning Employment of Foreign Personnel in Direct Foreign Investments (stated above)
3. Balance sheet and statement of profit-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 of the institution
5. If the foreign is involved in social security system in his/her own country, proving document given by the official authorities of his/her country and copy of Turkish translation approved by notary
6. Last month’s premium roll of Turkish and foreign personnel in the applicant company, indicating the registry to SSK or Bağ-Kur