Foreigner – Muhasebe News

Can we employ a foreign person who has residence permit?

MuhasebeNews — Thu, 18 Jul 2019 14:40:15 +0000

We want to employ a foreign person who has a residence permit. What are the special conditions?

Applications to be made domestically;

Article 7- Only foreigners or their employers who have received a residence permit for at least six months and whose term has not expired may apply directly to the Ministry.

(Additional Sentence: RG-28/4/2011-27918)
The documents required for the application must be submitted to the Ministry within six working days following the electronic application.

Except for residence permits given for educational purposes in Turkey, the foreigners who are given residence permit for 6 months for any reason and who also has the permission to work within this period are not liable to obtain work visa through Turkey’s foreign representatives.

However, foreigners who will work in fields that are or might be subject to human trafficking are liable to obtain work permit every time from our foreign representatives notwithstanding their residence in Turkey for 6 months. Work permit applications are not submitted domestically for foreigners who do not have a residence permit and has come to Turkey with touristic visas or visas other than work visas or through a visa exemption program between two countries or other visa programs.

(Additional Paragraph: RG-21/1/2010-27469) Foreigners who have been granted refugee or asylum seeker status by the Ministry of Internal Affairs are not subject to a specific residence period. The necessary measures are taken to finalize the work permit transactions immediately when evaluating the work permit requests of people with these statuses notwithstanding the provisions of paragraph 4 of Article 13 of the Regulation. (Additional Paragraph: RG-21/1/2010-27469)

In the case where work permit applications submitted domestically are finalized positively, it is obligatory to apply to the security units within 30 days following the declaration of the work permit to obtain the work annotated residence permit. Otherwise, the work permit will not become valid.

Source: İSMMMO
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen?

MuhasebeNews — Wed, 03 Jul 2019 12:07:40 +0000

How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen?

How to cancel the work permit of a foreigner when s/he becomes a Turkish citizen? Is it possible to cancel SSI after the cancellation of the work permit? Would it be enough to apply to the institution without canceling SSI?

The employer of the foreigner who has work permit may apply online to cancel it. The employer may also apply to our Ministry with a petition that contains an original signature.

The identification card of the employee showing their Turkish citizen status is also needed at this stage. SSI of the foreigner should also be canceled following the cancellation of the work permit.

Source: Ministry of Labor and Social Security
Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

How To Apply Online For Work Permits for Foreigners Who Have Temporary Protection?

MuhasebeNews — Mon, 25 Sep 2017 13:00:23 +0000

According to the Foreigner Work Permit Law numbered 4817, the foreigners who want to work in Turkey have to get work permits.

1- HOW TO APPLY ONLINE FOR WORK PERMITS FOR FOREIGNERS WHO HAVE TEMPORARY PROTECTION?
The applications made online through e-Devlet (www.turkiye.gov.tr) by employers who want to employ foreigners are accepted with these conditions below:
1.1- The Foreigner has a temporary protection identification/foreigner identification document or foreigner identity number document showing they are under temporary protection,
1.2- At least 6 months have passed since the beginning of their temporary protection until the date they apply for a work permit,
1.3- The Application is made for the foreigner according to the city they were granted a residence permit for their temporary protection record,
1.4- For those under temporary protection who will work in professions that prior authorisation is obligatory, the document of prior authorisation must be received from the relevant Ministries.
1.5- The foreigner who receives temporary protection has no work permit prepared to work for another employer or another application that wasn’t concluded.
1.6- The number of employees under temporary protection shouldn’t exceed the %10 of the Turkish citizens working there,

Under temporary protection, foreigners working for their own behalf in a private capacity, after the business starting process is complete, with the condition of having a tax id number, trade registry gazette for companies and for real persons, merchants, tradesmen and artisans, documents such as chamber of commerce registrations that show the operations of the company need to be scanned in the automation system during the application for work permit. Authorities will request work permit to grant a business license.

2- WHICH INFORMATION AND DOCUMENTS SHOULD BE PREPARED BEFORE APPLYING FOR WORK PERMIT FOR THOSE UNDER TEMPORARY PROTECTION?
Before the application you need the documents and information below:
2.1- A temporary protection identification/foreigner identification document showing they are under temporary protection,
2.2- A Foreigner Turkish Identity number, can be taken from https://tckimlik.nvi.gov.tr or the number foreigners has that starts with 98, or their number that starts with 99 which can be found out on http://www.goc.gov.tr/gecicikoruma/Pages/YabanciKimlikSorgulama.aspx.
2.3- A head shot belonging to the foreigner. (Taken in the last 6 months)
2.4- An E-devlet password in the employer’s name (Which can be obtained from PTT information offices.)
2.5- An E-mail address in the employer’s name. (Which can be obtained from various sites on the internet for free)
2.6- If the application is done with someone else’s e-devlet password in the employer’s name, there needs to be a letter of proxy declaring the person is authorized.
2.7- An employment contract signed by the parties. (Example: http://www.calismaizni.gov.tr/calisma-izni/sozlesmeve-dilekce-ornekleri/)

NOTE: Before starting the application process, the documents above must be scanned in pdf form and uploaded to the computer.

Source: Ministry of Labor and Social Security

Legal Notice: The information in this article is intended for information purposes only. It is not intended for professional information purposes specific to a person or an institution. Every institution has different requirements because of its own circumstances even though they bear a resemblance to each other. Consequently, it is your interest to consult on an expert before taking a decision based on information stated in this article and putting into practice. Neither MuhasebeNews nor related person or institutions are not responsible for any damages or losses that might occur in consequence of the use of the information in this article by private or formal, real or legal person and institutions.

Which Foreigners Don’t Have To Pay SSI Premium in Turkey?

MuhasebeNews — Mon, 25 Sep 2017 11:00:34 +0000

Based on the Rule of Reciprocity, the foreigners who are citizens of a country that made an international social security pact and who prove that their ssi premiums are being paid in their own country are exempted from social security obligations in Turkey until the foreseen dates stated in the pacts.

Source: Ministry of Labor and Social Security

How And Where To Pay The Foreigner Work Permit Application Fees?

MuhasebeNews — Fri, 22 Sep 2017 13:00:01 +0000

For the foreigner work permit applications made within the country (time extensions included), it’s obligatory that the legal fee for foreigner work permit and the valuable paper fees are paid seperately for the foreigners whose applications have been confirmed by The Ministry of Labor and Social Security.

***It’s important that the applicants don’t pay until they receive the message from The Ministry of Labor and Social Security stating the amount that needs to be paid.

1- The legal fee and the valuable paper fees can only be paid to the branch of the banks that are stated in the website. The payments that are paid can be viewed on the online system by the Ministry of Labor and Social Security, so when a payment is made (except for rare cases), there is no need to present a receipt to The Ministry of Labor and Social Security.
2- While applying from abroad the work permit fee and the valuable paper fee is paid to the related foreign representative office by the foreigner.

Source: Ministry of Labor and Social Security

Can People Who Have Applied For International Protection Apply For Work Permit?

MuhasebeNews — Thu, 21 Sep 2017 13:00:21 +0000

1- CAN PEOPLE WHO HAVE APPLIED FOR INTERNATIONAL PROTECTION APPLY FOR WORK PERMIT?
For the foreigners who have applied for International Protection (asylum) and received a status of “conditional immigrant”, 6 months after the application date (act numbered 6458, article 89, paragraph 4), a work permit application can be made to The Ministry of Labor and Social Security by the employers who want to employ them. If the foreigners already have a residence permit and they are applying for work permit to be employed in another city, these applications are concluded after The Ministry of The Internal is consulted.

2- IS PASSPORT VALIDITY CONSIDERED WHILE GRANTING WORK PERMIT?
According to the 6458 numbered Law, article 23: The work permits approved by The Ministry of Labor and Social Security and granted to foreigners are organized in the manner that they don’t exceed the 60 days after passport’s validity ends.

Also the work permit applications done with passports (and other documents that substitute for passports) of less than 60 days are not put into process.

Source: Ministry of Labor and Social Security

Can You Apply For A Work Permit Within The Country For A Foreigner With A Tourist Visa in Turkey?

MuhasebeNews — Thu, 21 Sep 2017 11:00:55 +0000

Can You Apply For A Work Permit Within The Country For A Foreigner With A Tourist Visa in Turkey?

You can’t apply for a work permit domestically for foreigners who are visiting Turkey with a tourist visa.

Except for those given for associate degree and bachelor’s degrees, only foreigners with a residence permit that have a validity of at least six months and haven’t exceeded their time limit can apply domestically.

Source: Ministry of Labor and Social Security

What Should Be Done If The Foreign Worker’s Entry Time To The System Is Missed?

MuhasebeNews — Wed, 20 Sep 2017 06:00:01 +0000

If the Foreigner has applied from abroad but missed the ten day period to enter the system, they need to:
1- Renew the application,
2- Get a new reference number,
3- Make the electronic application in the following 10 days
4- Deliver the documents with wet signature to the Ministry of Labor and Social Security.

However a new application can’t be made from abroad until 30 days pass after the first date of the application.

Source: Ministry of Labor and Social Security

What Is The Indefinite Work Permit Given To Foreigners?

MuhasebeNews — Tue, 19 Sep 2017 15:00:10 +0000

1- WHAT IS THE INDEFINITE WORK PERMIT GIVEN TO FOREIGNERS?
Foreigners who have long term residence permit or at least 8 years of legal work permit can apply for indefinite work permit. However even if the foreigner has all the necessary qualifications for the application, this doesn’t mean they have absolute right.

2- WHAT ARE THE RIGHTS OF THE FOREIGNER WHO HAS INDEFINITE WORK PERMIT?
Foreigner who has indefinite work permit,
2.1- Benefits from all the rights that the long term residence permit grants.
2.2- The foreigner who has indefinite work permit, benefits from the rights granted to Turkish Citizens, except for the regulations in special laws, with the social security rights reserved and with the condition of being subject to the legislation provisions.
2.3- Foreigners who have indefinite work permit has no right to vote and the right to hold office and has no obligations of military service.

Source: Ministry of Labor and Social Security

Questions And Answers About The Automation System For The Work Permits of Foreigners

MuhasebeNews — Sat, 09 Sep 2017 10:00:37 +0000

Questions And Answers About The Automation System For The Work Permits of Foreigners

1- HOW TO UPDATE THE INFORMATION FOR PREVIOUS EMPLOYER WHILE APPLYING FOR FOREIGNERS’ WORK PERMIT?
If there is a completed application for a foreigners’ work permit from before, the employer’s files can not be updated, changed or new files can not be added to it. The applications must be completed with the current documents. While forwarding the application to the Ministry of Labour and Social Security, the documents that will be renewed must be stated in a petition which is added to the Employer file. The specialists who will evaluate the application will state these documents missing.

2- WHICH ACTION SHOULD BE TAKEN IF AN ERROR MESSAGE IS SHOWN WHEN THE PREVIOUS DOCUMENT NUMBER IS USED FOR QUERIES?
You can continue the process if you have made a query with the TR Foreign Identification number belonging to the foreigner the application is made for.

3- WHAT SHOULD BE DONE IN CASE THE REFERENCE NUMBER GIVEN BY THE TURKISH FOREIGN REPRESENTATIVE DOES NOT MATCH THE NUMBER IN THE SYSTEM?
An embassy in the “E-konsolosluk” system creates a reference number such as: 2012-asdf1234-0101 (year-embassy code-the day and month of the application) and informs the foreigner who made the application. An online embassy will not produce a number in any other format. Eğer referans numarası aynı formatta değilse bağlı bulunan temsilcilik ile irtibat kurulması gerekmektedir.

4- WHAT IS THE DOCUMENT THAT IS OPENED WITH THE “OTHER DOCUMENTS” TITLE WHILE APPLYING ONLINE FOR A FOREIGNER WORK PERMIT?
This document type is reserved for the user to upload the documents they want to present to The Ministry of Labor and Social Security related to the work place or the foreign person. If there is no document to upload, you can scan an empty A4 paper in order to pass this part.

5- WHAT SHOULD BE DONE IF THE PROFESSION OF THE FOREIGNER CAN NOT BE FOUND IN THE SYSTEM?
The profession that needs to be found should be searched for in the İŞKUR website’s Turkish Profession Dictionary. If the searched profession is found in the Turkish Profession Dictionary, the duty branch should be checked in the details and can be found in the automation system with the same options. If the profession isn’t found in the İŞKUR website, you need to contact İŞKUR and make them add the profession to their profession dictionary.

6- HOW TO MAKE A CORRECTION IF THE EMPLOYER REALIZES THEY HAVE MADE A MISTAKE IN THE FOREIGNER WORK PERMIT APPLICATIONS?
Unless the foreigner work permit applications are sent to The Ministry of Labor and Social Security the applications have no legal value. This is why you can make a new application by choosing Applications -> New Application.

7- WHAT DOES ERROR 500 MEAN AFTER COMPLETING THE ONLINE FOREIGNER WORK PERMIT?
ERROR 500 means that an obligatory information was left out or there was an input of incorrect information. You need to check all entries made on the online application.

8- WHAT SHOULD BE DONE AFTER YOU APPLY ONLINE FOR A FOREIGNER WORK PERMIT?
After the online application for the foreigner work permit, you need to choose the application state option which can be seen next to the application. You can monitor the actions taken about your application on here. Or you can ask for information via The Ministry hotline ALO170.

9- HOW TO UPLOAD THE MISSING DOCUMENTS AFTER THE ONLINE APPLICATION FOR FOREIGNER WORK PERMIT?
The missing documents from the online foreigners work permit application can be uploaded from the Applications menu by choosing Tracking Applications and then the Application State options. After you upload the missing file choose “complete the procedure” to finish the process.

Source: Ministry of Labor and Social Security