Corporate Immigration 2024 Comparisons

Immigration policy in Türkiye is shaped by concepts emanating from the EU and by support for direct foreign investment, as well as in response to irregular immigration trends in the region. Public and Bar formal feedback is not a strong influence on immigration policy. Immigration policy is also shaped by feedback from multiple government ministries in Türkiye beyond the Ministry of Interior, the Ministry of Foreign Affairs, and the Ministry of Labour.

Türkiye is now working to implement its work permit exemption programme, which was enacted in the new Law on International Workforce, No 6735, 2016 (the “International Workforce Law”). Via an online system with the Ministry of Labour, Türkiye is finally implementing a broad spectrum of activities and scenarios where work permits may be exempted.

Additionally, Türkiye has also promulgated a set of laws and regulations for a self-sponsored permanent residence status called the “Turquoise Card”. Unfortunately, these laws/regulations have yet to be implemented in practice.

In April 2024, the Ministry of Culture announced a digital nomad visa programme for Türkiye, open to only 20 nationalities (so that employees can work in Türkiye for a foreign employer or so that self-employed employees with proof of no benefit to a local entity, etc, can work in Türkiye). Even though the Ministry of Foreign Affairs’ online visa system is now listing a “nomad visa” category, the consular posts and migration directorates still appear not to have guidance on how to implement this programme.

Generally, all foreign nationals (including EU nationals) must obtain an employer-sponsored work permit before commencing employment in Türkiye. For periods longer than 90 days, Türkiye has one main work authorisation option (exemptions apply in some scenarios).

The Turkish entity that sponsors the work permit application (and acts as the local employer) must also meet certain requirements, including:

• five Turkish citizen employees per registered worksite per foreign applicant (termed the “5:1 ratio”);
• meeting certain capital requirements (either paid-in capital of at least TRY100,000 or gross sales of TRY800,000 annually, or exports of gross annual value of USD250,000); and
• holding Ministry of Labour online account through which to file the application.

The work permit can be obtained by first filing a work visa abroad (whereby the sponsor-employer then files a domestic application via the online system) or applying domestically if the applicant is residing in Türkiye with a valid work or residence permit.

Note there are work authorisation options of 90 days or less, including an Assembly, Maintenance and Service (AMS) visa. Note this visa is not technically “sponsored” by a local employer – although a local employer must act as “host”.

Türkiye has very few options for unsponsored work authorisation. Although the International Workforce Law technically contains a self-employment work permit category, in practice the Ministry of Labour does not approve these applications. Türkiye’s Turquoise Card programme for unsponsored permanent work and residence permits also has not technically been implemented.

With regard to investment immigration status, Türkiye has not implemented an investment visa programme. Although investment is one of the Turquoise Card categories, as this programme has not yet been implemented, it is not currently a viable option. Türkiye does have an investment citizenship programme, which ‒ if approved – allows for full citizenship status of both the applicant and their dependants.

Though business visitor visas’ authorised activities are not defined in Turkish law or regulations, it is accepted practice that authorised activities include attending meetings or conferences with colleagues, clients or customers, as well as engaging or receiving training, and collecting data.

Factors to keep in mind are that business visitor visas do not allow for “productive work”, particularly where it benefits a local hosting company or person. The visitor is not to be paid by the hosting company nor perform a role that takes the place of local workers.

Since COVID-19 lockdowns, Türkiye has recognised that working from home is acceptable while in possession of a work permit (assuming residence is in the same municipality as the workplace). However, working in Türkiye for a foreign employer (digital nomad status) has only recently been accepted. Details of the digital nomad visa application process and the scope of authorisation are being developed.

Türkiye does not have any language requirements to obtain a visa or other immigration permit.

Turkish immigration requirements currently do not demand medical certificates or vaccinations for visas or residence permits. Proof of domestic medical insurance coverage is required, which at times may require certain health statements.

Sponsor-based employment visas in Türkiye have minimum thresholds that must be met. The sponsoring employer must meet certain minimal salary requirements. Between 1 January 2024 and 31 December 2024, the required amount is a gross minimum monthly wage of TRY20,002.50 and a net minimum monthly wage of TRY17,002.12 (as of May 2024, TRY1 is worth USD0,031).

Aside from this minimum salary requirement, the salary to be paid to the foreign employee must be commensurate with the position considered. Specific examples are as follows.

• High-level managers and pilots cannot be paid less than six-and-a-half times the minimum wage (or TRY130,016.25 gross monthly income (gross/month)).
• Department managers and engineers/architects cannot be paid less than four times the minimum wage (or TRY80,010 gross/month).
• Teachers and other employees who work in a position requiring expertise (note: this is not defined) cannot be paid less than three times the minimum wage (or TRY60,007.50 gross/month).
• Tourism industry employees such as acrobats or similar and masseurs/spa therapists cannot be paid less than twice the minimum wage (or TRY40,005 gross/month);
• All others (ie, sales officers, low-level marketing officers) cannot be paid less than one-and-a-half times the minimum wage (or TRY30,003.75 gross/month).
• Household workers cannot be paid less than minimum wage.

A Turkish work permit is always limited to the sponsoring employer and a particular worksite. As mentioned in 1.2 Upcoming Policy Changes, if the “Turquoise Card” programme is finally implemented, it would be a self-sponsored status and not limited to one particular employer.

This depends on the visa category, consular post location, and whether a visa agency acts as an intermediary. Aside from that, a work visa processing time from consular filing to Ministry of Labour filing to approval is betweem four and seven weeks. An AMS visa processing time from filing to issuance is between one day and 30 days, depending on consular location and whether a visa agency acts as intermediary.

For a work visa, once an application is filed at the Turkish consular post, travel into Türkiye is restricted until the work visa is approved. But at renewal time, once a timely work permit renewal application is filed domestically, travel is not restricted (assuming the original work permit is still valid). Once the validity has expired, international travel is somewhat restricted ‒ although work authorisation remains for an additional 90 days per statute.

Unfortunately, Türkiye has no official expedited process for issuance of permits or visas.

Once the foreign employee has entered Türkiye with a work visa, the work permit holder (as well as their dependants once they are issued residence permits) must register their residential address within 20 business days of arrival in Türkiye under the work visa (or within 20 days of issuance of the residence permit for the dependants). This registration is done with the Directorate of Populations Registry (Nufus Mudurlugu) or the relevant migration directorate in the jurisdiction where the work permit holder resides.

Additionally, if social security premiums for the work permit holder will be paid outside of Türkiye, a commencement petition must be filed with the Ministry of Labour. The employee may legally start working once the sponsor has completed all social security and tax related obligations in a timely manner.

The government filing fee for a work permit for 2024 is approximately EUR210 for one year’s and EUR420 for two years’ validity, based on the current exchange rate in spring 2024.

Any visa fees at consular posts may be paid by an individual. Also the fees due to the Ministry of Labour can be paid by anyone who has information regarding the reference number of the permit. It is common practice for the sponsor to pay these fees, regardless.

Pursuant to Article 23 of the International Workforce Law, inspectors from the Ministry of Labour ‒ at any time and without notice or cause ‒ may review/inspect/audit a worksite to determine whether foreigners and their employers are fulfilling their labour law/immigration law obligations. The Ministry of Labour would generally send an inspector to conduct an on-site inspection. An inspection can be random or triggered by an event, such as notification by a third party (disgruntled worker), by another government agency (the Police Foreigners’ Department), or other circumstances.

Both the employer and the employee face consequences for not abiding by work authorisation and visa requirements. Pursuant to Article 22 of the Work Permit Law, employers of foreign workers must notify the Ministry of Labour within 15 days of:

• commencement of employment (depending on certain payroll details); and
• all circumstances of termination of employment (if different from the work permit expiration).

Unfortunately, these notifications are often overlooked by employers. The International Workforce Law imposes penalties on workplaces and/or foreign employees who fail to comply, which ‒ as of 2024 ‒ include:

• TRY3,768 (approximately EUR116) imposed on an employer or a self-employed foreigner who does not fulfil the above-mentioned notification requirement;
• TRY22,688 (approximately EUR694) imposed on the foreign employee who works without a work permit;
• TRY56,752 (approximately EUR1,734) imposed per foreign employee on an employer (or employer representatives) employing illegal foreign workers; and
• TRY45,406 (approximately EUR1,388) imposed on a self-employed foreigner who works without a work permit and their workplace shall be closed down.

If there is a second violation by the foreign employee or the employer, the applicable penalty fees shall double. Employers are also liable for the return travel, accommodation and medical expenses for the illegal worker and their dependants (Article 23(9)).

It is important for employers to realise that the above-mentioned fines are not the only risk of using unauthorised foreign workers. Anecdotal evidence suggests that if the Ministry of Labour is aware an employer has abused work permit laws, the employer may be “blacklisted”. Note that immigration non-compliance also often results in social security, labour and tax violations, which generate their own administrative fines, penalty and late fees that often accumulate to much higher amounts than immigration penalties.

Additionally, labour law violations (including those related to work authorisation) many disqualify an employer from special tax benefit programmes, such as those provided in the R&D Law or the Foreign Direct Investment Law and social security incentives. This can eliminate valuable tax benefits and social security exemptions for an employer who violates such laws. These types of penalties can be far more onerous than the above-mentioned amounts for immigration violations.

Türkiye does not have a set regulatory procedure for “Right to Work” verification during HR onboarding nor other immigration compliance forms similar to the USA’s I-9 form. That does not mean there is no employer liability ‒ rather, just that the procedure to verify is not as formalised as it is in countries such as the USA. Generally, any foreigner found on a company worksite engaged in productive work must have work authorisation either specifically for that employer located in that particular worksite or an open work authorisation (Blue Card, etc). Therefore, an employer is indeed liable for immigration (and other) fines if found to have foreigners working on site in a non-compliant manner.

Turkish immigration regulations recognise legally married opposite sex spouses, as well as children (including step- and adopted children) under 18 years of age.

Unfortunately, dependant visas and residence permits do not allow holders of such to work in Türkiye.