HOUSE SERVICE WORK PERMIT FOR FOREIGNERS IN TURKEY

In addition to residence permit, foreign nationals must have work permit issued by Ministry of Labor and Social Security pursuant to the provisions of International Manpower Law No. 6735 in order to perform occupational services in Turkey.

Foreign nationals must first have a residence permit issued minimum for 6 months period in order to file application for work permit, and those who currently hold a valid residence permit may file application for work permit regardless of the number of remaining effective days on the residence permit.

In case the foreign national does not hold a valid residence permit for Turkey, work permit application must filed through Turkish Embassy in the country of citizenship. However, because of travel restrictions between certain countries and Turkey due to Covid-19 pandemics, residence permit applications might required to be made through a third country.

Work Permit Application Process

Work permit applications can be filed directly to Ministry of Labor and Social Security in Turkey, and to Republic of Turkey embassies and consulate generals in the country of the foreign national to be forwarded to Ministry. Work permit applications filed abroad through Republic of Turkey embassies or consulate generals are then forwarded to the Ministry, and work permits are issued by the Ministry. Work permit applications can be filed either by the foreign national individual or through his/her proxy or the intermediary firm.

In case of missing application information or documents, Ministry postpones evaluation of the application until they are completed. However, postponing period shall not exceed 30 (thirty) days unless presence of a force majeure event that gives rise to any delay in completion of missing information or documents is evidenced. Incomplete applications will be rejected at th end of postponing period.

Evaluation of applications duly files is completed in 30 (thirty) days provided that criminal record investigation is performed and documents and information are complete. However, specified evaluation period may take longer due to Covid-19 pandemics currently going on around the globe.

There are 2 special pre-requisites for the foreign nationals who have residence permit and will be employed in house services. Firstly, they should be providing care services for children under age of 12 or elders over age of 65. Employer must be immediate (1st degree) kin of the minor or elder individual, and must have an e-signature.

In accordance with Article 10 of Law No. 6735; in case the work permit is approved, the foreign national will be issued with a work permit certificate valid for maximum 1 year for the initial application to work at a specific work place belonging to a natural or legal person or public organizations and institutions or at work places belonging to those persons an organizations to perform a specific job in the same field provided that work permit effective date does not exceed job or service contract term.

Foreign nationals having long term residence permit or minimum of 8 years legal work permit may file application for indefinite term work permit. A foreign national that has an indefinite term work permit benefits from all privileges of long term residence permit. A foreign national with an indefinite term work permit may benefit from all rights vested in Turkish citizens except for those set forth under special provisions and provided that the acquired social security rights are reserved and they are subject to the provisions of relevant regulations in respect to the exercising of such rights. However, foreign nationals with indefinite term work permit are not vested with rights to be elected, to vote and to be employed in public duties not have obligation to complete military service.

Documents Required to Obtain Work Permit

Documents to be Submitted by Foreign National for Application

1.Copy of residence permit,
2.Copy of Passport,
3.Foreign and Local address information,
4.One (1) passport or biometric photograph with white background.

Documents Required from Employer

1.Employer e-signature,
2.Copy of identity card,
3.Employment contract,
4.Notary certified power of attorney for applications to be filed via proxy.

Process After Obtaining Work Permit

Employer must notify employment of a foreign national house service worker to Social Security Agency upon receipt of work permit, and register the worker for social security insurance. In case the worker obtained work permit through relevant incentives within the 1 year period before this application and has not cancelled it, he/she may benefit from relevant government incentive and receive SGK (Social Security Agency) premium support.

Work Permit Extension Procedures

The most important factor for filing an application for work permit extension is the time remaining until expiry of the current work permit. This term is explicitly specified in Law No. 6735, and work permit extension application must be filed within last 60 days of work permit expiry and in any case, before expiry of the current work permit. Extension applications filed thereafter will be rejected.

In case extension application is approved, work permit will be issued for maximum two years in the initial application with the same employer, and maximum for three years for the following applications. However, applications filed to work with another employer shall be considered as an initial application, and the work permit will be issued for maximum one year term.

Attr. Dr. Candaş GÜROL Attr. Canan ŞAHİN