Foreign Personnel Employment Guide

Posted by: admin
Category: Work Permit

Key Considerations in Work Permits and HR Processes

For large-scale companies in Türkiye, employing foreign personnel is an important way to access global talent and gain competitive advantages in international markets. However, employing a foreign national requires meticulous management of the legal procedures under the International Workforce Law No. 6735. Before a foreign employee begins work, it is mandatory to obtain a work permit from the Ministry of Labour and Social Security; otherwise, both the employer and the employee may face severe administrative fines. This guide formally outlines the application steps, legal obligations, and critical processes that Human Resources (HR) departments must pay attention to during the employment of foreign personnel.

Overview of Foreign Personnel Employment

Private sector companies in Türkiye can employ foreign personnel in many positions, from engineering to management, teaching to technically specialized roles. What matters is that a work permit is obtained for each foreign employee in accordance with the relevant legislation, and that protective conditions are ensured. Certain professions are legally reserved only for Turkish citizens—such as law, notaryship, and dentistry. Therefore, before deciding to hire foreign personnel, the legal status and requirements of the position must be carefully evaluated.

The employment of foreign personnel is regulated by the International Workforce Law and related regulations. The general rule is that before a foreign national begins working in Türkiye, the employer must apply for and obtain a work permit on their behalf. The approved work permit also substitutes for a residence permit during its validity; meaning the foreign employee does not need to obtain an additional residence card. However, once the work permit expires, the foreigner’s right to reside also ends. If the permit is not extended or converted into another type of residence permit, the individual will be considered to have violated residence rules. HR departments must plan foreign personnel employment with full awareness of this legal framework and must fulfil all notification obligations.

Work Permit Application Process

The application process varies depending on whether the foreign candidate is in Türkiye at the time of application:

  • Domestic Application: If the foreign candidate already holds a valid residence permit of at least 6 months in Türkiye, the employer may apply. In this case, the foreign national does not need to visit foreign missions; the process is carried out entirely within Türkiye.

 

  • Overseas Application: If the foreign candidate resides outside Türkiye, they must first apply for a work visa at the Turkish Embassy or Consulate in their home country (or in their legally resident country). After a preliminary review and approval, the foreign mission issues a 16-digit reference number. The employer must complete the work permit application in Türkiye within 10 days after receiving this reference number.

Our work permit consultancy service provides end-to-end permit and compliance solutions, enabling your HR team to manage foreign employment efficiently without losing time to regulatory follow-ups and operational procedures.

Pre-Assessment

Before starting the process, we analyze whether your company and the foreign candidate meet legal criteria. By checking critical elements such as employment quotas, financial adequacy, and wage criteria according to the position, we identify potential risks and possible grounds for rejection from the beginning.

Scope of the Procedure

We list all required documents, prepare the paperwork on behalf of both the company and the candidate, and complete the official application accurately to create a complete file with a high chance of approval. While your HR team focuses only on strategic internal decisions, we handle all technical and operational permit steps.

Follow-Up and Notifications

Once the work permit application is submitted, we actively monitor every stage electronically and conduct all correspondence with the Ministry. We respond to any missing document or additional information requests on time to ensure the process proceeds smoothly, and as the single point of contact, we regularly inform your HR team about the progress.

Approval and Aftermath

When the work permit is approved, we track the printing and delivery of the permit card; then we record regulatory changes, passport validity periods, and renewal dates in our systems. As these dates approach, we proactively notify our clients to prevent invalidation due to expiration.

Extension and Termination

We regularly track work permit expiration dates, prepare extension applications before deadlines, and submit them on time. If the foreign employee leaves the job, completes their assignment, or needs to switch to another status, we carry out termination notifications in compliance with the regulations, ensuring that both the employer’s and the employee’s legal rights and obligations are properly fulfilled.

Thanks to this structure, all processes—including preparing, tracking, extending, and when necessary, terminating work permits—are managed centrally, enabling your company to maintain legal compliance in foreign employment and continue operations seamlessly.

Legal Criteria and Obligations for Employers

When evaluating a work permit application for a foreign employee, the Ministry reviews mandatory quantitative criteria that the employer must meet. These criteria include the employment structure at the workplace, financial adequacy, and the wage levels to be paid to the foreign employee. These requirements are essential for approval.

Employment Quota: For each foreign employee, at least 5 Turkish citizens must be employed at the workplace. While this 5-to-1 rule can be restrictive for small businesses, large companies typically meet this requirement easily. For example, if you wish to employ 2 foreign personnel, at least 10 Turkish citizens must be employed and insured.
Exception: For large companies whose annual net sales are very high (for example, exceeding 50 million TRY), the requirement of employing Turkish citizens at a 5-to-1 ratio is not applied for the first few foreign employees. In other words, businesses whose sales volume exceeds a certain level may obtain work permits for up to five foreign employees without being subject to the five-Turkish-employees-per-foreigner rule. This exemption makes it easier for large-scale companies to employ the critical foreign specialists they need.

Financial Adequacy: The financial status of the company is also important in the evaluation process of a foreign work permit. According to the legislation, an existing company must have a paid-in capital of at least 500,000 TRY, or annual net sales of at least 8,000,000 TRY, or an export amount of at least 150,000 USD in the previous year. Meeting any one of these three conditions is sufficient.

For newly established companies (where year-end financial statements have not yet been formed), only the capital amount is taken into consideration, and it is required that at least 500,000 TRY in capital has been paid in. Although large companies generally meet these financial criteria, it is important for the HR department to verify that the company’s financial information is up-to-date and compliant before the application.

Minimum Wage and Salary Criteria: The wage to be paid to foreign employees cannot be below the minimum amount determined according to the nature of their position. The Ministry has set gross minimum wage multipliers on a position basis for foreign personnel. The employer must keep the wage offer made to the foreign employee above these minimum levels:

Senior Executives and Pilots: At least 6.5 times the gross minimum wage

Unit Managers, Engineers, Architects: At least 4 times the gross minimum wage

Positions Requiring Expertise or Skill, Teachers: At least 3 times the gross minimum wage

Other Professions (sales representatives, administrative staff, etc.): At least 1.5 times the gross minimum wage

Domestic Workers (caregivers, housekeepers, etc.): 1 time (meaning at least the normal minimum wage)

These criteria aim to prevent foreign employees from being exploited with low wages in Türkiye and to avoid unfair competition with the local workforce. HR departments must ensure that the wage offers made to foreign candidates meet the current minimum wage multipliers. For example, if a foreign engineer is to be employed, the wage cannot be set below 4 times the applicable gross minimum wage for that year. Since this amount is updated annually depending on minimum wage increases, current multipliers and wage amounts should be checked before the application.

Exemption from Criteria and Special Cases: In work permit applications made on behalf of certain foreigners, the evaluation criteria that are normally required for the employer company are not applied. This exception does not remove the requirement for the foreigner to obtain a work permit; it only removes the obligation for the employer company to meet conditions such as employing 5 Turkish citizens, capital structure, financial adequacy, and wage levels determined according to the position. The foreigner still obtains the work permit; however, the company is not obliged to present these criteria in the application.

This exemption applies only to the following groups of foreigners:

  • Foreigners whose mother, father, or child is a Turkish citizen
  • Holders of a humanitarian residence permit
  • Victims of human trafficking
  • Holders of a stateless person identity document
  • Foreigners who hold a long-term residence permit
  • Those who have been in a marital union with a Turkish citizen for at least three years
  • Foreigners who have been in Türkiye for at least eight years with work, family, short-term, long-term, or humanitarian residence permits
  • Persons notified as being of Turkish origin by the Ministry of Interior or the Ministry of Foreign Affairs
  • Citizens of the Turkish Republic of Northern Cyprus

Apart from this, in the evaluation of a work permit, the Ministry again takes into account Türkiye’s general labour market policies, and even for a foreigner within the scope of exemption, the application may be rejected if it is not compatible with the country’s labour force needs. Therefore, from the very beginning of the recruitment process, it must be correctly analysed whether the candidate falls within an exemption status and whether employer criteria will be applied or not. At Istanbul Relocation, during the pre-assessment stage we examine these exemption situations in detail, determine the appropriate set of criteria for your company, and ensure that the application proceeds on a complete and correct basis.

Professional Competence and Other Conditions: It is also important that the foreigner for whom the application is made has the education and qualifications suitable for the job. Particularly in fields such as the healthcare sector and the education sector, a prior authorization requirement applies for foreigners, and the candidate’s diploma equivalency or professional qualification must be approved by the relevant authorities. Apart from these, Türkiye’s international labour force policies are also taken into consideration in the evaluation of a work permit; for example, a foreign employee may not be granted permission in a profession with a high unemployment rate. In addition, if the application concerns a job or profession that is legally prohibited for Turkish citizens to entrust to foreigners (for example, employing a foreign national as a security guard is legally not possible), it will be directly rejected. Therefore, these restrictions must be taken into account starting from the job-posting and candidate-selection stages.

Post-Approval HR Procedures

When a work permit approval is obtained for a foreign employee, there are several procedures and obligations that the HR department and the employer must fulfil:

Entry of the Employee into Türkiye and Starting Work: If the foreign candidate applied domestically, they may start working as soon as the permit is approved. If the candidate is coming from abroad, they enter Türkiye by obtaining their work visa. Within no later than 20 days from the date of entry into the country, the foreigner must register their address in the address registration system. This is to officially record the foreigner’s residential address in Türkiye and is carried out at the Provincial Directorates of Migration Management. In addition, when the work permit document (card) is delivered to the employer via PTT cargo, the HR department must place a copy of the card in the employee’s personnel file and inform the employee about the validity period and conditions of the card.

Social Security Registrations: The employer is obliged to notify the foreign employee to the Social Security Institution (SGK) within 30 days. In practice, as of the start date of the work permit, the SGK employment entry notification of the foreign personnel must be made within no later than one month, and the legal insurance premiums must begin to be paid based on the salary declared in the application. Since the foreign employee, like other employees, will be insured under the Social Insurance and General Health Insurance Law No. 5510, these notifications must not be neglected. It is mandatory that the insurance premiums be paid based on the gross salary and working hours (full-time/part-time) specified during the application. This is both a legal obligation and necessary for the foreign employee’s access to healthcare services.

Employment Contract and Working Conditions: Following the approval of the work permit, the conditions of the employment contract signed with the foreign employee must be fulfilled. Since the work permit is issued for a specific workplace and position, the foreign personnel may work only at the workplace and in the position stated on the permit. If a change of duty or workplace is needed, a new work permit application must be made (a work permit cannot be transferred to another employer or another position).

Monitoring and Integration of Foreign Personnel: When the foreign employee starts working, the necessary orientation and trainings must be provided in line with the company’s internal procedures. In addition, the validity periods of documents such as the foreign employee’s passport and work permit card must be recorded. At Istanbul Relocation, we monitor the expiration date of the work permit and the passport validity period and prepare in advance for necessary renewal procedures (for example, if the passport validity does not cover the duration of the work permit, renewal of the passport will also be required).

Extension of the Work Permit

Work permits granted to foreign employees are limited to a specific period, and at the end of this period, the permit must be extended in order for the employee to legally continue working. The work permit extension process and the points to be considered are as follows:

Permit Durations: A work permit obtained for the first time is granted for a maximum of 1 year. If it is desired to continue employing the same foreign employee in the same workplace, the first extension application may be granted for up to 2 more years; in subsequent extension applications, a work permit may be granted for up to 3 years. These gradual durations mean that as the foreign employee’s legal work history in Türkiye increases, the length of the permit may also increase. If the foreign employee has legally and continuously worked in Türkiye for 8 years, or has obtained a long-term residence permit, they become eligible to apply for an indefinite work permit. Foreigners who obtain an indefinite work permit are no longer subject to time restrictions on their right to work; however, even this permit may be cancelled under certain conditions (public order, security, etc.).

Timing of the Extension Application: Extension (renewal) applications must be made before the work permit expires. According to the legislation, extension applications may be made starting from 60 days before the expiration date, and the application must be completed before the permit expires. We track the expiration date for you and allocate time for preparing the required documents and completing the approval procedures.

Right to Work During the Extension Process: The legislation grants foreign employees the right to work uninterruptedly for extension applications submitted on time. If the extension application is submitted before the existing permit expires, even if the permit expires, the foreign employee may continue working at the same workplace and in the same position until the application is concluded (for up to 90 days). Work performed during this 90-day period is considered legal work, and both the employer and the employee are legally protected. However, if the application is concluded with a rejection, it is no longer possible for the foreigner to continue working as of the rejection date, and work must be stopped immediately (although there is a right to appeal, the appeal process does not grant the right to continue working). When the extension application is approved, the new work permit card is again sent to the employer’s address, and the foreign employee’s work authorization continues without interruption.

Points to Consider: When making an extension application, it must be ensured that the criteria from the initial application (the rule of employing 5 Turkish citizens, financial adequacy, the wage level paid, etc.) are still met. The Ministry checks whether these conditions continue to be met at every extension. If the foreign employee’s position or salary has changed, this must be updated in the application form, and compliance with minimum wage multipliers must be maintained. Additionally, documents must be renewed. With the proactive approach provided by our company, work processes continue smoothly as work permit expiration approaches.

Termination and Cancellation of the Work Permit

The work permit obtained for foreign employees ends under certain conditions or must be terminated. In cases where the permit ends, there are notifications and procedures that HR and the employer must carry out:

Expiration of the Permit Period: If the work permit naturally expires (and is not extended), the foreign employee’s right to work and the associated right to reside also end. If the company will not continue with the relevant employee, the foreigner’s employment contract must be terminated as of the permit’s expiration date, and the employee must leave the country or change their status. Alternatively, if the foreigner wishes to continue staying in Türkiye, even if fewer than 60 days remain before the permit expires, they may apply for a different type of residence permit until the expiration date (for example, a tourist residence permit). Otherwise, remaining in the country without authorization constitutes a residence violation and may lead to penalties or removal procedures in the future.

Resignation or Dismissal of the Foreign Employee: If the employment contract of the foreign personnel ends for any reason before its term expires (for example, the employee resigns or the employer terminates the contract), it is a legal obligation to notify the Ministry immediately. According to Law No. 6735, employers who employ foreign nationals must notify the Ministry of Labour and Social Security of situations requiring the cancellation of the work permit within no later than 15 days. In the event of the foreign employee’s departure, the HR department must submit a request for cancellation of the foreigner’s work permit to the Ministry together with the employment termination notification. Since this process requires an additional notification beyond that of local employees, failure to do so may result in administrative fines for the company.

Note: If a foreign employee leaves the job before the work permit expires, they cannot work for another employer for the remaining duration (each employer must apply for a new work permit for each foreign national). Therefore, the permit must be rendered invalid through the termination notification so that the foreigner cannot work elsewhere using that permit.

Employee Not Starting the Job: Although rare, a foreigner who has received a work permit may fail to start the job for various reasons (deciding not to come to Türkiye, inability to obtain a visa, or other reasons). In this case as well, the employer is obliged to notify the Ministry that the foreign employee did not start work within 30 days. Legally, if a work permit is issued but the foreign employee does not start working within one month, this must be reported to the Ministry within 15 days. In this way, that work permit is cancelled and potential penalties arising from the foreigner appearing as authorized to work despite not actually working are prevented.

Status After Cancellation: If the work permit is cancelled or expires for any reason, the residence right linked to that permit also ends. If the foreign employee does not hold another valid residence permit, they must leave the country; otherwise, they are considered to have fallen into illegal status. For the employer, if they wish to re-employ the same person after the permit has been cancelled, a completely new application must be made. For this reason, if a foreign employee who is leaving will continue working in another company, it is usually recommended that they wait until the new employer’s work permit is issued or obtain a residence permit in the meantime.

Facilitating the Processes with Expert Support

The employment of foreign personnel and the work permit procedures are areas that require both regulatory compliance and operational precision. As Istanbul Relocation, with our 32 years of corporate experience, our multilingual expert team, and our strong command of Türkiye’s foreign employment legislation, we provide end-to-end, reliable, and uninterrupted service to the Human Resources teams of large-scale companies.

By fully undertaking work permit processes on behalf of companies, we provide significant efficiency in terms of both time and operational workload. Our professional consultancy services cover all stages, from pre-assessment of the application to permit approval, from extension and termination notifications to legislative monitoring.

File preparation, official application, and document management are carried out completely and accurately by our expert team. For each application, the compliance of your company and the foreign candidate with the legislation is analyzed; potential risks are identified in advance, and files are created flawlessly. All correspondence with the Ministry, management of additional document requests, and application follow-up are also carried out by our company.

Even after the work permit is approved, the process is not considered complete for us. We instantly monitor legislative changes and systematically track the validity periods of work permits, passport expiration dates, and renewal periods. In this way, we provide proactive reminders to HR teams, ensuring that permit periods do not lapse.

When you work with Istanbul Relocation, all work permit processes are managed professionally without your HR department experiencing additional operational burden. Our principles of fast, transparent, and continuous communication provide the reliability and predictability that corporate companies need. By undertaking the precise monitoring required by the constantly changing foreigner regulations, we protect your company from legal risks while also establishing a sustainable structure that ensures seamless access to international labour.

Conclusion: Even though the foreign personnel employment process may initially appear complex and challenging, it is a manageable process with the right steps and conscious HR practices. By mastering the obligations set out in the legislation and seeking expert support when necessary, companies can both benefit from global talent and protect themselves from legal risks. If you choose to work with us, all stages of your personnel employment will be carried out smoothly, positioning your company one step ahead in the international arena.

Author: admin