residence permit – Muhasebe News

Does a foreign person who is married to a Turkish citizen need a residence permit in order to have social security?

MuhasebeNews — Fri, 07 Feb 2020 12:00:10 +0000

Does a foreign person who is married to a Turkish citizen need a residence permit in order to have social security?

Can a foreigner who is married to a Turkish citizen appear to be insured in our country without a residence permit?

According to Law No. 5510, it is required that the residence of the foreign person must be in Turkey in order to have social security under 4a insurance. Therefore, the foreign person must have a residence permit first in order to benefit from this service.

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.

Attention!!! Administrative Fine For Foreigners Who Work Without Permit and Their Employers!!!

MuhasebeNews — Thu, 21 Sep 2017 09:00:01 +0000

WHAT IS THE PROCEDURE FOR FOREIGNERS WHO WORK WITHOUT PERMIT AND THEIR EMPLOYERS?
1- There’s an administrative fine for foreigners who work without permit and their employers.
2- The employer who employs the foreigner without work permit or the representative of the employer has to compensate for the foreigner’s, their spouse and children’s accommodation, the necessary expenses for their return and their health expenses when necessary.
3- In the recurrence of employement without work permit, the administrative fine is implemented twice as much again.
4- The foreigners who work without permit are reported to the Ministry of the Interior to be deported.
5- The foreigners who work without permit are investigated regarding their entries to the country, their passports, their visa and residence permits. And if their situation is illegal, their deportation is done by Immigration Authorities.

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.

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

If there is a Foreign Partner during Incorporation, What Should be Done According to Turkish Laws?

MuhasebeNews — Fri, 30 Jun 2017 12:07:24 +0000

If there is a foreign partner during incorporation, the followings will be needed.
1- Translated and notarized copy of foreign real person (partner)
2- Tax number taken from tax office or a document which shows ID number peculiar to foreigners
3- Notarized residence permit (if he/she resides in Turkey)
4- (For Turkish citizens residing abroad) a document which proves that he/she resides/works abroad and is taken related institutions of that country

***If foreign partner is also the Director of the company, work permit will not be necessary.

Source: Turkish Code of Commerce

What is Turquoise Card in Turkey?

MuhasebeNews — Mon, 29 May 2017 07:41:51 +0000

Turquoise card: It enables qualified foreigners to work for indefinite time in Turkey. Foreigners will be able to stay in Turkey without getting work permit or residence permit.

Turquoise Card owners will have the same rights as accorded to Turkish citizens after 3 years of transition period, excluding right to elect and be elected or to enter into public service and they will have no obligation of compulsory military service.

1-To Whom Will It Be Given?
Turquoise Card will be to foreigners who are;
1.1. regarded as qualified workforce due to their educational level, wage, professional experience, contribution to science and technology and such like qualifications,
1.2. regarded as qualified investor due to their contribution to science and technology, their level of investment or export value, volume of employment they provide and such like qualifications,
1.3. scientists and researcher who have internationally recognized studies in the academic area, and those distinguished in science, industry and technology, areas of which deemed strategic from the point of our country,
1.4. internationally reputed for their successes in cultural, artistic or sports activities,
1.5. contributing the recognition or publicity of the Turkey or its culture internationally, acting in favor of the matters concerning Turkey’s national interests.

2-How Can One Apply to Turquoise Card?
2.1. Applicants will be assessed by a point-based system based on the criteria determined by Directorate General; and a “certificate of suitability” will be required for some specific foreigners.
2.2. Turquoise Card application in Turkey will be made directly through the system, and the applications abroad will be made to the Turkey’s foreign mission in the foreigner’s country of citizenship or legal stay. The information and documents related to applications made abroad shall be transferred to Ministry electronically by Turkey’s foreign mission.
2.3. Foreigner legally staying in Turkey may directly apply through the system by using his Foreigner ID Number.
2.4. Turquoise Card applications can also be made by authorized intermediary on behalf of foreigner both in the country and abroad.
2.5. Application will be completed by entering the information and documents belong to foreigner and its relative into system during the Turquoise Card applications.
2.6. Residence permit application of Turquoise Card owner’s relatives will be made at the same time of Turquoise Card application. In case the required information doesn’t exist, these applications can be made to Ministry within ninety days as of entering into Turkey, providing that not exceeding visa or visa exemption periods. Documents related to marriage bond with respect to foreigner’s spouse and guardianship and dependency status concerning child will be attached to application.
2.7. Work permit applications can also be made by authorized intermediary.

3-What Kind of Documents Are Needed During the Application?
Following documents shall be uploaded to system during the application:
3.1. Letter of application,
3.2. Copy of foreigner’s passport,
3.3. Certificate of suitability, if any.
3.4. Required documents with respect to qualification of the applicants such as diploma, employment contract, and letter of appointment, trademark, licenses or patents will be published in Directorate General’s website.

4-What is Point-based system?
In the assessment of Turquoise Card application a point-based system based on the criteria determined by Directorate General of International Workforce will be used; foreigners who get sufficient point will be assessed positively.
4.1. For investors, scientists and researcher, artists and sportsmen a certificate of suitability, if any, received from public institutions and organizations will be attached to application.
4.2. Opinion of the schools or academician may be obtained for the applications filed by successful student in formal education.

5-In Which Circumstances Will Turquoise Card be Rejected?
Turquoise Card application may be rejected where the application;
5.1. fails to satisfy the criteria determined by the Ministry,
5.2. contains false or misleading information and documents,
5.3. made for occupations and professions confined exclusively to Turkish citizens in other laws,
5.4. lodged by foreigners whose working in Turkey is objectionable for public order, public security or public health reasons,
5.5. made for the citizens of a country that is not recognized officially by Republic of Turkey or has no diplomatic relations,
5.6. not made or completed within the legal period of time.

6-What should be Done in Transition period?
6.1. Turquoise Card is granted on condition that its first three years will be transition period, during which an expert will be assigned to follow the Turquoise Card owner’s activities and commitments and to prepare follow up reports in twelve months periods.
6.2. Foreigner is obliged to submit the required information and documents to the Ministry within 15 days.
6.3. Ministry, in line with expert’s report, may give 3 months for the completion of deficiencies on behalf of foreigner, and may end the transition period and cancel the Turquoise Card in case the deficiencies are not eliminated.
6.4. The transition period reservation will be removed upon foreigner’s application and he/she shall be granted permanent Turquoise Card. This application must be lodged starting prior to hundred and eighty days of expire date of transition period or in any case before the date of expire. After expiration of transition period, application for removing transition period reservation shall be refused and Turquoise Card becomes invalid.

7-What are Rights and Obligations of Card Owners?
Turquoise Card owners;
7.1. will benefit from the same rights as accorded to Turkish citizens with the exception of the provisions in laws regulating specific areas,
7.2. processes related to residence, travelling, investment, commercial activities, inheritance, acquisition of movable and immovable properties will be carried out in accordance with current legislations applied to Turkish citizens.
7.3. have no right to elect and be elected or to enter into public service and they have no obligation of compulsory military service.

8-What are the Rights of Turquoise Cards owner’s spouse and children?
People who are dependent in line with governing legislation shall be given a document that substitutes the residence permit and shows that they are relatives of Turquoise Cards owner.

9-In Which Circumstances can Turquoise Card be Cancelled?
Apart from the reason of holder’s own claim, Turquoise Card will be cancelled in the case of foreigner;
9.1. does not arrive at Turkey within six months as of the date of Turquoise Card validity starts, or stays outside of Turkey longer than 6 months for reasons other than force majeure
9.2. whose validity period of passport or the documents that substitutes passport are not extended, save for the presence of favorable opinion of the Ministry of the Interior or Ministry of Foreign Affairs,
9.3. is found working in contradiction of the provision of Law, or work informally
9.4. is found not working uninterruptedly 1 year
9.5. whose work permit application is found afterwards as made by false and misleading information and documents,
9.6. has not submitted the required information and documents in the period of transition, or has lost his/her qualifications.
9.7. is notified by Ministry of Interior as being in the scope of Law No. 6458, Article 7, 15 and 54.
9.8. whose working in Turkey notified by relevant state institutions and organizations as objectionable for public order, public security or public health reasons,

10-What is the Obligation of social security?
Holders of Turquoise Card must fulfill their obligation stipulated by social security legislation in accordance with the provisions of Social Security and General Health Insurance Law No. 5510. The provisions of security agreements to which Turkey is party are reserved.

Source: Official Gazette (14.03.2017 – 30007)

How to Get Work Permit in Turkey

MuhasebeNews — Mon, 13 Mar 2017 14:06:13 +0000

1. Initial Application

One can file an application to obtain a work permit in Turkey either while located in Turkey or abroad.

In the case of applications filed abroad, foreigners are required to file an application at a consulate of the Republic of Turkey in the country of which they are a citizen or a permanent resident. The application should be accompanied by

a labor contract,
letter of assignment, or
a document stating company partnership.

The employer in Turkey is required to file an online application and submit the required information and documents to the Ministry of Labor and Social Security, either in person or via mail, within ten business days following the date of the candidate’s application to a consulate. The consulates of the Republic of Turkey and the ministry will execute online the procedures for the work permit applications filed abroad.

Foreigners whose applications are approved by the Ministry of Labor and Social Security must enter Turkey within a maximum of hundred and eighty days after the date the work permit is issued. In the case of applications filed in Turkey, with the exception of residence permits issued for education in Turkey, foreigners who hold residence permits with a remaining term of at least six months, or employers thereof, may file work permit applications. Such foreigners are not required to submit an application to the consulates of the Republic of Turkey. The documents required for the application must be submitted to the Ministry of Labor and Social Security, either in person or via mail, within a maximum of six business days after the online application.

The Ministry of Labor and Social Security concludes the procedures regarding work permit applications in consultation, where necessary, with relevant ministries and authorities. The procedures regarding duly submitted work permit applications are concluded by the ministry within a maximum of thirty days provided all required documents are submitted in full. If the ministry determines that required documents are missing, the applicant is notified to submit the documents in question. In such cases, the thirty-day period commences on the date on which the missing documents are submitted to the ministry. In the case of applications filed abroad, the ministry forwards the affirmative or negative decision regarding the work permit application to the relevant consulate of the Republic of Turkey (via the Ministry of Foreign Affairs), which notifies the applicant. In the case of applications filed in Turkey, the ministry notifies the foreigner or the employer. Foreigners who are granted residence and work permits from consulates and enter the country are required to register to the Address Registry System in Turkey within a maximum of twenty business days following the date of entrance.

The methods and principles concerning work permits to be issued to foreigners to be employed in Turkey vary by the relevant sector, such as;

education,
housekeeping services,
health services,
tourism,
aviation,
entertainment, and others, as well as with respect to foreign direct investments, special foreign direct investments, professional services, and liaison offices. The following information covers the methods and principles regarding work permit applications concerning foreign direct investments.

1.1 Documents required from the employer at the time of the initial application

Work permit application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer).
Foreign personnel application form (The form filled online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. If the signed form is unavailable, the employment agreement executed by and between the parties must be submitted. The application will not be processed in the absence of a signed form or a labor contract.)
The Trade Registry Gazette of Turkey, detailing the current shareholding and capital structure of the entity (The document must be scanned and submitted during the online application).
A balance sheet and a profit/loss statement for the most recent year certified by the tax office or certified public accountant (The document must be scanned and submitted during the online application).
Information and documents stating that the entity is subject to Special Foreign Direct Investments* (These documents must be scanned and submitted during the online application).
A document stating that entities (including consortiums) awarded international tenders by government agencies or organizations have been contracted for the awarded job from the relevant agency or organization (The document must be scanned and submitted during the online application).
In the case of legal entities that are to employ foreign specialists in the field of engineering, architecture, contracting, and consulting services, a payroll document stating that Turkish engineers/architects/city planners are employed for the same occupation (The document must be scanned and submitted during the online application).
Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting to the employment of the user at the applicant entity or organization (The document must be scanned and submitted during the online application).
1.2. Documents required from the foreigner at the time of the initial application
In the case of applications filed in Turkey, a copy of the residence permit issued for other than education purposes with a term of at least six months remaining as of the date of application (The document must be scanned and submitted during the online application).
If a foreigner who files a work permit application does not hold a valid residence permit, the foreigner is required to file an application to the consulates of the Republic of Turkey in the country of which he/she is a citizen or a permanent resident, submitting his/her labor contract or a document attesting to company partnership. However, if the company meets at least one of the criteria required for Special Foreign Direct Investments*, the work permit application can be filed directly with the Ministry of Labor and Social Security provided that the foreigner to be employed with key personnel status is currently staying in Turkey on a legitimate basis (by submitting a copy of the passport showing the visa and entrance date, or a letter obtained from the Police Department). Other key personnel who are granted work permits in this context are required to obtain work visas from consulates of the Republic of Turkey, and enter the country with that visa.
In the case of foreigners who are key personnel, the documents and information specified in article 10/b of the Regulation on the Employment of Foreign Nationals with Foreign Direct Investments (The documents must be scanned and submitted during the online application).
Copy of the passport (where the passport is not printed in the Latin alphabet, a sworn translation or an official certified translation must be attached. The document must be scanned and submitted during the online application).
Sworn translation or an official certified translation of the diploma or provisional graduation certificate (The document must be scanned and submitted during the online application, as well as submitted in hardcopy).
In addition to the abovementioned documents, foreigners who file an application for work permits within the framework of professional services and who hold a degree from abroad must file a “Diploma or Provisional Graduation Equivalency Certificate” obtained in accordance with the “Regulation on the Equivalency of Diplomas from Foreign Higher Education Institutions” (The document must be scanned and submitted during the online application).
2. Application for Extension
Applications for extension of the work permit must be filed by the foreigner or the employer directly with the Ministry of Labor and Social Security, by submitting the original copy of the previous work permit, along with the application form and the documents specified in the appendix of the implementation regulation.The work permits and term extension applications must be first submitted online. In order for the work permit or term extension applications filed online and pre-approved by the system to be valid, the application form print-out with barcode, generated online, must be signed by the foreigner and the employer, and submitted, along with the other documents specified in the appendix to the regulation, to the Ministry of Labor and Social Security within a maximum of six business days following the pre-approval of the online application, either in person or via mail.Term extension applications should be filed at most two months in advance of the expiration date of the permit. Extension applications filed within a maximum of fifteen days following the expiration of the work permit will also be processed. The term extension applications filed thereafter are subject to the principles applicable to foreigners who file an application for the first time. In the case of work permit term extension applications filed with a valid residence permit (as with first-time applications filed while in Turkey), the required documents must be submitted to the Ministry of Labor and Social Security within six business days following the online application.Term extensions for a period of two years may be filed for an existing work permit following the statutory one-year work permit term provided they are for employment with the same entity or enterprise and for the same profession. At the end of the statutory three-year work permit term, the existing work permit may be extended for a further three years, for employment with any employer, for the same profession. Foreigners who have resided in Turkey for at least eight uninterrupted years on a legal basis, or foreigners who have a total of eight years of employment with a work permit may file applications for indefinite work permits.2.1. Documents required from the employer at the time of extension applications
- Work permit term extension application letter (The letter must be scanned and submitted as part of the online application; it must also be submitted in hardcopy, signed by the employer).
- Foreign personnel application form (The form filled out online must be printed, and a hardcopy signed by the employer and the foreigner must be submitted to the ministry. The labor contract executed by and between the parties must be submitted where the signed form is unavailable. The application cannot be processed in the absence of a signed form or labor contract.)
- The Trade Registry Gazette of Turkey detailing the current shareholding and capital structure of the entity, if modified since the initial submission (The document must be scanned and submitted during the online application).
- Document attesting that the employer has no outstanding tax obligations (This information must be accessed by the Ministry of Labor and Social Security through the records of the Ministry of Finance).
- The Social Security Institution registration number of the insured foreigner named in the application form, and information regarding whether or not the employer has fulfilled its social security obligations regarding the foreigner (This information must be accessed by the Ministry of Labor and Social Security through the records of the Social Security Institution).
- Notarized power of attorney for the person authorized to file the online application as a user on behalf of the entity or organization to employ the foreigner, or a document attesting the employment of the user at the applicant entity or organization (The document must be scanned and submitted during the online application).
  2.2. Documents required from the foreigner at the time of extension applications

Date: 13 March 2017