Türkiye Promotes Special Work Authorisation Programme for the Petroleum Sector

Türkiye has a growing petroleum sector that has involved significant foreign and domestic investment. Under the Turkish Petroleum Law, No 6491, the term “petroleum” includes crude oil and natural gas. Petroleum resources in Türkiye are owned, controlled by, and at the disposal of the State. However, upstream interests are granted to third parties (ie, petroleum right-holders), provided that certain conditions are met and through licences of definite terms. Many drilling work projects are underway in the Black Sea, Mediterranean Sea, and south-east provinces of Türkiye.

The petroleum sector in many countries necessitates foreign skilled workers. Türkiye’s immigration laws have for some time had work permit and short-term project visas that are suitable for many foreign petroleum workers. But in addition to this, Türkiye has developed a special immigration category targeting the petroleum industry, known as the “MAPEG exemption”. This article outlines the three immigration categories currently used in this industry and outlines them according to validity length: assignments up to 90 days, assignments up to 180+ days, and assignments beyond 180 days. Particular focus is given to the MAPEG exemption.

Assignments up to 90 days (AMS visas)

If the intended assignment is for 90 days or less within a 365-day period, an Assembly, Maintenance and Service (AMS, or “montaj”) visa could be an option. An AMS visa may apply to many categories of “products” including the assembly, maintenance, and service (or training therein) for software, computer hardware, complex machinery, energy equipment, construction, and manufacturing equipment. Therefore, any petroleum worker engaged in the installation, maintenance, service or training of petroleum machinery, equipment or technical work would likely be able to use this visa category. Visas can be issued for 90 cumulative days within a one-year period. Employees holding this type of visa must continue being paid outside Türkiye by the foreign entity which sent them. Therefore, use of this visa category does not create an employer‒employee relationship with the host entity, nor require a local employment contract.

Typical support documents for this type of visa application include an employer letter, a host letter (where the work will take place in Türkiye), travel medical insurance, travel reservation and accommodation, at a minimum. Note that some non-OECD locations have more extensive support documentation requirements so it is important to contact the consular post in advance for this category of visa.

The AMS category can often work well for rotations of foreign petrol workers on rigs and other remote locations. But this category can also be a challenge if the foreign assignees are from a non-OECD country where Turkish consular posts are more demanding of the type and number of corporate documents to be filed with the application. Those posts may also have a policy of issuing AMS visas as “single entry” or for less than 365 days, which makes rotational assignments more difficult. Single-entry visa issuance also makes offshore work more challenging. Moreover, a few non-OECD posts require very specific proof of a contract or sale between the employer abroad and the host entity in Türkiye, which can be particularly challenging for very large multinational companies that send workers from various locations around the world for project work.

Assignments up to 180+ days (MAPEG exemption)

For assignments over 90 days and up to 180+ days, a MAPEG exemption immigration category might be suitable. This requires more preparation by the employer abroad and close work with the host company and the government agency responsible for petroleum rights. Therefore, it is not suitable for a single case, but better suited when there is a larger project with many foreign assignees. Use of this immigration category does not create an employer‒employee relationship with the host entity, nor require a local employment contract.

Under Article 15 of Petroleum Law, No 6491, certain foreigners may be granted work authorisation for up to 180 days without needing a Ministry of Labour issued work permit, provided that the following two conditions are met.

• The host company that has an investigation permit, exploration or operating licence to investigate, explore or produce petroleum (also called “petroleum right-holder”) must apply for a work authorisation exemption from the General Directorate of Mining and Petroleum Affairs (Maden Petrol İşleri Genel Müdürlüğü, or MAPEG).
• Once the MAPEG exemption is issued, the foreign employees who have arrived in Türkiye obtain a short-term residence permit under a special category at the relevant Migration Directorate where the worksite address is located.

The immigration category under MAPEG exemptions involves minimally a three-step process:

• the host company applying for the petroleum exemption with MAPEG;
• the foreign assignee’s entry under visitor or AMS visa categories; and
• the foreign assignees filing of a special category residence permit.

The work authorisation period is potentially beyond 180 days (ie, 180+). The reason is that ‒ even though the work-authorising residence permit by law can only allow for 180 days’ validity ‒ this 180-day work authorisation period may broadened by as much as an additional 90 days, depending on the assignee’s entry date, entry visa type and the discretion of the Migration Directorate issuing the residence permit.

Step 1 ‒petroleum exemption application

For the host company to apply for the petroleum exemption, the following documents are sent to MAPEG via the petroleum right-holder’s online government account:

• an electronically signed petition containing a detailed project description and the foreign employees’ assignment information (ie, location of the project, length of the project, expected entry/exit dates of each employee, etc);
• a translated and notarised passport copy of each foreign national; and
• a translated and notarised diploma copy of each foreign national.

The exemption approval is generally adjudicated between one and four weeks from submission, assuming no additional documents are requested.

Step 2 ‒ entry to Türkiye under visa status

The MAPEG authority is not responsible for the type of visas the applicants must receive in order to take advantage of this status. Foreign nationals, depending on their nationality, may enter Türkiye under visitor visa exemption, e-visa, or consular-issued visitor or AMS visa status. However, the recommended way is to enter Türkiye with a consular-issued AMS visa so that the employees can immediately start working at the project site from the entry date into Türkiye (until approval of the short-term residence permits). Hence entry under the AMS visa may extend work authorisation beyond 180 days, depending on other factors such as entry/exit dates and the Migration Directorate officer’s discretion. Unless entering on AMS visas, the assignees are not work-authorised until Step 3.

Step 3 ‒petroleum exemption-related residence permit application

Upon entry into Türkiye, each employee must apply for a short-term residence permit under a special category of “Government Agency Request” at the relevant Migration Directorate where the worksite address is located.

The applicant must use the Migration Directorate’s online system to book an appointment and appear in person with the necessary support documents at the application appointment. The standard documents necessary for the residence card application include:

• an original passport and copy visa (if any) and pages showing all entry stamps into Türkiye;
• four biometric-style photos with a white background;
• a copy of MAPEG exemption approval;
• private medical insurance coverage concluded with a Turkish local agency (signed/sealed or bar-coded) ‒ international medical insurance policies are not acceptable unless they have a local entity in Türkiye and a coverage letter is prepared by that local entity;
• a residential lease agreement issued by Turkish notaries (exceptions apply); and
• a tax ID number issued to assignee through the Digital Tax Office (Dijital Vergi Dairesi) website.

Note that Migration Directorate officers have the discretion to require additional documents during filing.

Permission to travel prior to receipt of the residence cards requires an exit document issued by the Migration Directorate’s online system. Exit documents for residence permit applicants are automatically issued upon approval of their applications. On average, the applications are approved two to four weeks from the date of the appointment, but could also take up to 90 days per the official allowable processing time. Note the timeline and procedure often changes based on workload and location, etc.

Step 4 ‒ address registration in Türkiye

Upon issuance of the petroleum exemption-related residence permit, the employee should register the residential address within 20 business with the Directorate of Populations Registry (Nüfus Müdürlügü) or the relevant Migration Directorate in the jurisdiction where they temporarily reside.

Although the existing regulations require completion of this step, in practice, employees involved in the petroleum sector very often work on a rotational basis in several different cities onshore and/or spend a few weeks on drilling ships in offshore areas. Hence, as these employees do not have a fixed residence address, officers at Migration Directorates may use their discretion to consider a hotel statement or an accommodation letter to finalise the address registration process.

The MAPEG exemption approval together with approval of the residence permit authorises employees to work in Türkiye for up to 180 days. However, some employer-related obligations (ie, enrolment with the Turkish social security system) may occur following 90 days of stay in Türkiye. Companies should consult with their social security advisors as well as their tax advisors for further guidance.

General notes on MAPEG exemptions regarding offshore projects

Each time the employees travel from onshore to an offshore area (ie, to the drilling ships) within Turkish territory, the passport police officers affix an exit and entry stamp to their passports. This means that if the employees enter Türkiye with a single-entry visa (it could be an e-visa, consular-issued visa, or AMS visa) and need to visit the offshore area urgently, they cannot travel until their exit document and/or residence cards are issued. Otherwise, a special authorisation issued through the Ministry of Interior might be required for them to re-enter Türkiye. This might be a very long and costly process. Note it may also affect the upcoming MAPEG exemption application of the employees.

As long as all onshore project worksite locations are declared to MAPEG authorities, the employees may work at several worksites on a rotational basis upon receipt of their residence permits.

Assignments beyond 180 days (standard work visas)

If the duration of the project is longer than 180+ days, a standard work permit sponsored by the local Turkish entity will be required. As such, use of this visa category does create an employer‒employee relationship with the host entity, and therefore requires a local employment contract. This work visa or work permit immigration route can be filed after an AMS assignment, after a MAPEG assignment, or filed from the beginning, depending on the plans of the project and the timing of the immigration filings.

This immigration status can be accomplished in two ways: either by a work visa issued abroad or by a work permit filed domestically. Filing domestically is limited to those currently in status in Türkiye ‒ so, assuming the employee is granted a MAPEG six-month valid short-term residence permit, the Turkish sponsoring entity may apply for a domestic work permit application on behalf of the employee. Without a six-month residence permit, the employee must submit a work visa/work permit application from the relevant Turkish consulate located at the country of origin or lawful residence.

A work permit requires a Turkish entity sponsor who meets sponsorship criteria to maintain the criteria throughout the validity of the permit. This requires:

• the employer to have at least five Turkish citizen employees per registered worksite per foreign applicant as evidenced on payroll records (termed the “5:1 ratio”);
• the employer’s paid-in capital cannot be less than TRY100,000 (note alternatives exist);
• an e-signature tool issued by government-designated agencies and a Ministry of Labour online account; and
• the salary to be paid to the foreign employee in Turkish lira must be commensurate with the position considered.

Note that certain exemptions for the 5:1 ratio exist and, provided that the Turkish sponsoring entity is eligible, it is possible to submit an exemption application with the Ministry of Labour.

Turkish work permits do not require a specific education level but do require a showing of job experience and/or expertise. Therefore, if those workers in the petroleum industry possess expertise and relevant work experience at a reasonable level, and are paid minimally three times the minimum wage, this is generally sufficient.

If a domestic work permit application cannot be submitted by the petroleum assignee that is currently in Türkiye, the parties involved would need to agree on a timeframe for when the employee can travel to their country of origin or lawful residence to submit a work visa/work permit application. Although most of the documents are already collected while the employee is in Türkiye, they might be required to spend a few weeks outside the country until the work visa process is completed. Then, the employee may re-enter Türkiye and continue working until the expiration date of the petroleum exemption-related residence permit while the work permit application is still pending at the Ministry of Labour.

The work visa/work permit process involves the following steps:

• Step 1 ‒ logging in the work visa application via the Ministry of Foreign Affairs website or through an intermediary visa agency (if applicable);
• Step 2 ‒ submission of the work visa application via the Turkish consulate/embassy or intermediary visa agency;
• Step 3 ‒ work permit application electronically submitted to the Ministry of Labour;
• Step 4 ‒ collection of work visa from the relevant Turkish consulate/embassy or intermediary visa agency (if applicable); and
• Step 5 ‒ address registration with the relevant Migration Directorate.

Often, the difficulty of work permits for the petroleum industry includes a worksite owned and/or managed by an entity unwilling to sponsor work permits or not party to the project in question. So, to avoid any delays, the project scope, timelines, worksite addresses, and the employees’ rotational plans as well as the Turkish hosting entity’s obligations and responsibilities should be clarified before initiating the immigration process.

General notes on work permits

Although work permits are employee-/Turkish hosting entity- and worksite-specific, the petroleum industry may require rotational work at several worksite addresses in onshore or offshore areas. Provided that a special exemption application request for a limited period is submitted to the Ministry of Labour and assuming that it is approved, the employees may work at different project locations of the same hosting entity.

The Turkish hosting entity must comply with all Turkish social security and tax obligations when the employee commences work. A commencement petition must be sent to the Ministry of Labour if the social security premiums of the employee will be paid from outside Turkey.

If there is a change in position, the salary is lowered, or the foreigner’s assignment is finalised prior to the end of the work permit, the Migration Directorate must be notified within specific timeframes.

By law, work permit applications shall be adjudicated by the Ministry of Labour within 30 days following submission. However, if more information is requested, the actual adjudication time can be longer. Expedites are not possible.

Conclusion

The petroleum sector is very important both to Türkiye and the greater region. Hence to support specialised petroleum workers coming from outside the country to work in this sector, several work authorisation avenues are possible, depending on the length of the assignment. This has led to an ease of mobilising a foreign workforce for this sector that does not exist in other sectors under Turkish immigration law.