Work Permit Evaluation Criteria Under the New Regulation

Dear Business Partner, The "Work Permit Evaluation Criteria" for foreigners working or intending to work in our country and their employers, within the scope of the International Workforce Law, have been updated. We have prepared the new permit evaluation criteria for you.

Summary: The employment, financial adequacy, and wage criteria included in the work permit evaluation criteria have been revised, and new regulations have been made based on sector, profession, or job.

Content: It covers General Evaluation Criteria, Special Evaluation Criteria Based on Sector, Profession, or Job, Evaluation Criteria for Foreign Company Partners, Foreigners Exempt from Other Evaluation Criteria, and Other Matters.

A. General Evaluation Criteria

1. Employment Criterion

In workplaces subject to the balance sheet basis, for each foreigner for whom a work permit application is made, it is essential to employ at least five Turkish citizens at the workplace where the foreigner will work.

In workplaces with a net sales amount of 50,000,000 Turkish Lira or more in the last year, the employment criterion is not applied in the evaluation of work permit applications for up to five foreigners.

2. Financial Adequacy Criterion

In newly established workplaces subject to the balance sheet basis (established in the current year and have not yet prepared a year-end balance sheet and annual income statement), the paid-in capital must be at least 500,000 TL for a work permit application for a foreigner.

In workplaces subject to the balance sheet basis and operating (established in a year before the current year and have prepared at least one year-end balance sheet and annual income statement), for a work permit application for a foreigner, the paid-in capital must be at least 500,000 TL, or net sales must be at least 8,000,000 TL, or exports must be at least 150,000 USD.

3. Wage Criterion

As of 01.10.2024, the wage to be paid to the foreigner, considering the gross minimum wage amount in effect on the date of the work permit application, must be:

• For senior executives and pilots: at least 5 times the minimum wage,
• For engineers and architects: at least 4 times the minimum wage,
• For other managers: at least 3 times the minimum wage,
• For jobs requiring expertise and mastery: at least 2 times the minimum wage,
• For foreigners working in domestic services and other professions/jobs: not less than the minimum wage.

4. Exemption from Employment and Financial Adequacy Criteria

For foreigners who have legally resided in Turkey for at least three years within the last five years as of the date of the work permit application, excluding student residence, the employment and financial adequacy criteria are not applied in the evaluation of domestic work permit applications, limited to a maximum of three foreigners.

In workplaces covered by the first paragraph, the number of foreigners working with a work permit must not exceed the number of Turkish citizens working in the same workplace.

Without prejudice to the provisions of the relevant legislation regarding foreigners under international protection, if more than three foreigners meeting the conditions in the first paragraph will work in the same workplace, in the evaluation of work permit applications made on behalf of the fourth and subsequent foreigners to work in the workplace, it is essential to employ five Turkish citizens separately for each foreigner and to meet the financial adequacy criterion.

B. Special Evaluation Criteria Based on Sector, Profession, or Job

1. Information Technology Sector

In workplaces operating in the information technology sector, employment and financial adequacy criteria are not applied in the evaluation of work permit applications for jobs, professions, or tasks requiring expertise such as software development expert, database expert, mobile software expert, system network and security expert, and enterprise architecture expert.

In workplaces operating outside the information technology sector, employment and financial adequacy criteria are not applied in the evaluation of work permit applications for jobs, professions, or tasks requiring expertise such as software development expert, database expert, mobile software expert, system network and security expert, and enterprise architecture expert, limited to a maximum of two foreigners.

2. Education Sector

In educational institutions, it is mandatory to obtain prior permission from the Ministry of National Education or the Council of Higher Education for work permit applications for foreigners who will work in professions and duties requiring professional competence.

In the evaluation of work permit applications made on behalf of foreign academic staff who have received prior permission from the Council of Higher Education, the evaluation criteria are not applied pursuant to paragraphs 3 and 4 of Article 8 of Law No. 6735 on International Workforce.

Without prejudice to the provisions of international regulations to which Turkey is a party, in the evaluation of work permit applications for foreigners who will work in educational institutions and international schools in jobs or professions that require prior permission under Article 29 of the Regulation on Private Educational Institutions of the Ministry of National Education, employment and financial adequacy criteria are not applied.

3. Domestic Services Sector

In the domestic services sector, it is essential to employ foreigners for childcare, care for the disabled or elderly, and patient companionship.

In the domestic services sector:

a) For childcare:

• If the mother and father are married, the child's mother or father,
• If the mother and father are divorced, the parent with custody of the child,
• The person who adopted the child,
• If the child is under guardianship, the child's guardian,
• Persons with the status of foster mother or foster father within the scope of the foster family practice,
• The mother of a child born out of wedlock or the father who has officially recognized the child,

b) For care of the disabled or elderly and patient companionship:

• The disabled, patient, or elderly person themselves,
• First or second-degree relatives of the disabled, patient, or elderly person,
• If the disabled, patient, or elderly person is under guardianship, their guardian, can apply for a work permit.

In the evaluation of work permit applications:

• The health status and age of the person to be cared for or accompanied,
• The education, professional experience, Turkish language proficiency level, residence or work history in Turkey, marital status, and age of the foreigner who will provide care or companionship,
• Other matters indicating the special nature of the job,
• The socio-economic status of the employer, their assets, and regular monthly income, are taken into account.

In domestic services, the person to be cared for or accompanied, or their relatives up to and including second-degree blood or in-law relatives who will support the care or companionship, must have sufficient regular and continuous income, documented by relevant institutions and organizations. If the person to be cared for or accompanied does not have any relatives up to and including second-degree blood or in-law relatives, other persons with a family bond who wish to support the care must submit a document issued by relevant institutions and organizations showing that they have sufficient regular and continuous income and a notarized undertaking stating that they will support the care to the employer.

For foreigners working in domestic services with a work permit issued based on an overseas application, work permit applications made within the country to work under another employer within six months from the start date of the permit are evaluated negatively, except for force majeure.

4. Aviation Sector

In the evaluation of work permit applications made on behalf of foreigners who will work as senior managers or in jobs requiring expertise in the Turkish representative offices of foreign flag carrier airline companies, employment and financial adequacy criteria are not applied.

5. Sectors Requiring Advanced Technology

In cases of qualified investments that are committed to making a high contribution to the country's economy or creating a high number of jobs, or in jobs requiring advanced technology, or when there is a need for qualified labor due to the lack of a similarly qualified Turkish citizen, the general evaluation criteria may be partially or fully waived with the approval of the Directorate General.

For work permit applications made on behalf of foreigners who will work as R&D, innovation, or design personnel in companies with an R&D center certificate or a design center certificate under Law No. 5746 on Supporting Research, Development, and Design Activities, or within technology development zones under Law No. 4691, the positive opinion of the Ministry of Industry and Technology is required. Employment and financial adequacy criteria are not applied in the evaluation of such applications.

6. Public Projects

In cases where there is a provision in bilateral or multilateral agreements to which Turkey is a party, or in the work permit applications of foreigners who will work in projects implemented in Turkey within this scope, employment and financial adequacy criteria are not applied.

In the evaluation of work permit applications made on behalf of foreigners to be employed in the procurement of goods and services by public institutions and organizations through contract or tender procedures and/or in the companies contracted as all subcontractors of the companies that will operate within this scope, employment and financial adequacy criteria are not applied.

7. Health Sector

For work permit applications filed on behalf of foreigners who will work in positions requiring professional competence in healthcare institutions, prior authorization from the Ministry of Health is mandatory.

In the health sector, the criteria of employment, wage, and financial adequacy will not be applied when evaluating work permit applications for foreigners who will work in public institutions in positions requiring professional competence.

8. Tourism Sector

In workplaces operating in the tourism sector, for foreigners to be employed in jobs requiring expertise and craftsmanship, applications made by the following will be considered:

• Tourism enterprises certified by the Ministry of Culture and Tourism,
• Restaurants operating under contract within certified tourism enterprises at the same address,
• Tourism-animation firms operating under contract with certified tourism enterprises,
• Baths, saunas, etc., operating under contract and at the same address within certified tourism enterprises,
• Baths and saunas partnered with licensed travel agencies,
• Thermal hotels with official activity permits,

If these businesses employ at least ten Turkish citizens, the employment criteria are not applied.

For jobs requiring expertise and craftsmanship mentioned in the first paragraph—such as masseurs, masseuses, SPA therapists—applications are valid only if the workplace is:

• A certified tourism enterprise with a massage facility or a thermal hotel with an official activity permit,
• A massage salon under contract and at the same address within a certified tourism enterprise,
• A bath and sauna facility in agreement with a licensed travel agency,
• A licensed sports center employing at least twenty Turkish citizens,

Applications made on behalf of foreigners intending to work in similar roles in any other types of businesses will be rejected.

The maximum number of foreign employees allowed will be determined based on the business's financial and physical capacity.

For foreigners working in small businesses (e.g., hairdressers, jewelers, leather, carpet, textile shops) operating under contract within certified tourism enterprises, employment and financial adequacy criteria will not be applied for up to two foreigners.

For travel agencies certified by the Ministry of Culture and Tourism and authorized by the Ministry of Health in the field of medical tourism, employment and financial adequacy criteria will not be applied for up to five foreigners in domestic applications.

9. Foreign Students

Foreign students enrolled in associate or undergraduate degree programs at higher education institutions in Türkiye may work part-time after completing their first year of study.

The limitations of the first paragraph do not apply to graduate students enrolled in full-time programs.

Whether the applicant is a student is verified through the Higher Education Council (YÖK) records.

Applications for work permits for foreign students in unsuitable roles in the entertainment industry or in domestic services are negatively assessed.

In evaluating applications, factors such as the student's city of study will be considered.

For scholarship holders under the Türkiye Scholarships Program, the opinion of the Presidency for Turks Abroad and Related Communities is sought.

For scholarship holders under the YÖK program, applications during and after education require the opinion of the Higher Education Council.

10. Cases Where General Evaluation Criteria Apply

When sector-specific evaluation criteria are not specified in Section B, general evaluation criteria will be applied.

11. Application of Sector/Occupation-Based Exemptions

If a foreigner, granted a permit under Section B’s sector/occupation-specific exemptions, applies for a new permit within six months to work for a different employer or in a different sector, the application will be rejected unless there are force majeure circumstances.

C. Financial and Employment Criteria for Foreign Company Partners

For businesses subject to balance sheet principles:

• The foreigner must hold at least 20% of shares with a minimum paid-in capital of 500,000 TL.
• At least five Turkish citizens must be employed. This is a condition for initial permits, which will be issued with annotations and reviewed starting from the seventh month.

If a foreign partner has a share of 100,000 USD or more, the above two conditions do not apply.

D. Foreigners Exempt from Evaluation Criteria

The following categories are exempt from employment, financial adequacy, and wage criteria:

• Foreigners with a Turkish citizen parent, spouse, or child,
• Holders of humanitarian residence permits,
• Victims of human trafficking or those benefiting from protection programs,
• Stateless individuals with ID cards,
• Holders of long-term residence permits,
• Foreigners married to a Turkish citizen for at least three years,
• Foreigners residing in Türkiye for at least eight years with valid permits,
• Turkic origin foreigners approved by the Ministry of Interior/Foreign Affairs or deemed eligible by the Directorate General,
• Citizens of the Turkish Republic of Northern Cyprus,

Documentary proof from public institutions is required. Being in these categories does not guarantee approval of a work permit.

E. Other Provisions

Voluntary Activities:

Applications made solely for volunteering purposes without employment characteristics are rejected.

Transitional Provisions:

For extensions of permits granted before these criteria came into effect, different rules may be applied. The financial adequacy criterion valid at the time of the initial application will be considered.

Effective Date:

Except for capital and sales thresholds specified in Section A Article 2 and Section C Article 1, the criteria take effect on 01/10/2024.

Thresholds mentioned above take effect on 01/01/2025.

Until 01/01/2025, work permit applications are evaluated based on:

a) Paid-in capital of at least 100,000 TL, or gross sales of 800,000 TL, or exports of 150,000 USD in the last year,

b) For company partners, a minimum capital contribution of 40,000 TL is considered adequate.

Best regards,

Download PDF >