10 Most Frequently Asked Questions And Answers Regarding Foreigners To Legally Reside In Turkey 04 April 2022
We have gathered the legal regulations regarding the "Presence of Foreigners in Turkey", which is the most frequently asked question by our clients, under the heading of 10 questions.
1. What are the most commonly used permission methods for foreigners to be in Turkey?
Foreigners most frequently prefer to obtain "tourist visa, residence permit and work permit" for their entrance in Turkey
2. What are the visa exemptions according to the citizenship of the foreigner?
Exemption from visa and the duration of this exemption depends on nationality of the Foreigner
- Visa exemption for citizens of Ukraine holding Regular, Special, Service and Diplomatic passports is 90 days. Citizens of Ukraine are entitled to stay up to 90 days within 180 days, provided that they do not exceed 60 days per entry.
- For Russian citizens, ordinary passport holders are exempt from visa for touristic and business trips not exceeding 60 days. Service passport holders are subject to a visa. Diplomatic passport holders are exempt from visa for 90 days. Applications for work and education visas can be made electronically. Applications should be made to the Turkish representations in Russia.
- EU memberships are exempted from Turkey visa for 90 days in general.
- US citizens with official and regular passports are exempt from visa for 90 days on their “tourist trips”; Applications for work and education visas can be made electronically.
- For UK citizens, Diplomatic Passport holders are exempt from visa, Regular and Service and Special Passport holders are subject to visa. People who want to stay in Turkey for up to 90 days can obtain a visa with the electronic visa application
- French citizens are exempt from Turkey visa for 90-day touristic trips.
3. What is the main difference between a residence permit and a work permit?
A work permit issued by authorized institutions also includes a residence permit. However, having a residence permit does not mean having a work permit.
4. What are the options for a foreign company to have employees in Turkey?
Foreign companies can establish a liaison office in order to conduct the necessary research related to their sectors without engaging in commercial activities in Turkey, and this liaison office can operate for a period of 3 years by law. Foreign investors coming to Turkey can establish a company or participate in the company. In addition, foreign companies can open branches in a short time and at low cost.
5. What is the longest period of time for a work permit application to be made for the first time in Turkey?
It is given to be valid for a maximum of one year to work in a certain workplace or business and in a certain profession, taking into account the sectoral and economic cyclical changes regarding employment, according to the duration of the foreigner's service contract or work.
6. What are the main differences in terms of establishing a company/opening a branch and establishing a liaison office in Turkey?
Unlike companies and branches Liaison offices, can not engage in commercial activities. Therefore, they cannot make profits and are not considered taxpayers in terms of corporate and value added tax. In addition, both personnel wages and office expenses are covered by the principal company in abroad.
7. What are the employment conditions to be considered for a foreign company established in Turkey?
The mandatory evaluation criteria that foreigners must meet are as follows:
- At least five T.R. Employment of citizens is mandatory. In the event of, foreigner requesting a permit is a company partner, the employment requirement for five persons is sought for the last six months of the one-year work permit to be given by the Ministry.
- The paid-in capital of the workplace must be at least 100,000 TL or its gross sales must be at least 800,000 TL or the last year's export amount must be at least 250,000 USD.
- The foreign partner of the company requesting permission must have at least 20 percent of the capital, not less than 40,000 TL.
- The amount of monthly wage declared to be paid to the foreigner by the employer must comply with the foreigner's duty and competence.
8. How long can a foreigner with a work permit leave Turkey without interruption?
In condition of not exceeding six months in total, the foreigner's being outside of Turkey does not cut the working period. However, the time spent outside of Turkey is not counted as working time.
9. How long does it take on average for work permit applications in Turkey?
Duly submitted work permit applications are finalized by the Ministry of Family, Labor and Social Services within thirty (30) days at the latest, provided that the documents are complete and infull.
10. Are there any special conditions for refugees to obtain a work permit in Turkey?
Refugees can work as a dependent or independent in Turkey provided that they obtain a work permit from the moment they receive status. However, the application for a work permit can be submitted six months after the date of applying for international protection, and the refugee's work permit is written on the identity document.
What Are The Provisions That Have Been Postdated In The Distance Contracts Regulation?
The "REGULATION ON AMENDING THE REGULATION ON THE REGULATION ON DISTANCE CONTRACTS" (Hereinafter referred to as "Regulation") was published in the Official Gazette dated 14 September 2022, and in accordance with this Regulation, the effective dates of some regulations made on August 23, 2022 have been amended.
Alterations in the Context of the Law on the Regulation of Electronic Commerce
In consequence of the amendments made in the Law No. 6563 ("Law") with the Law No. 7416 on the Amendment of the Law on the Regulation of Electronic Commerce, published in the Official Gazette dated 7 July 2022 and numbered 31889, numerous new legal regulations have been envisaged on issues such as the obligations of electronic commerce intermediary service providers ("Intermediary Service Providers") and electronic commerce service providers ("Service Providers"), the administrative fines foreseen in case of violation of these obligations, the electronic commerce license and the expansion of the powers of the Ministry of Commerce ("Ministry") in this area. In this article, the contents of the provisions of the relevant Law will be cited and the date of entry into force will be explained as a consequence of the new regulations envisaged.
THE OFFICIAL GAZETTE HAS PUBLISHED THE REGULATION AUTHORIZING THE SALE OF IMMOVABLES BY THE NOTARY, WITH THE EFFECTIVE DATE SET FOR JANUARY 1, 2023.
With the "Law on the Amendment of the Law on Judges and Prosecutors and Some Other Legislation" numbered 7413 published in the Official Gazette dated 28 June 2022, a regulation authorizing the sale of real estate to notaries was introduced.
Obligation to Provide Continuous Information Regarding Advertisements Posted on the Internet
The Tax Procedure Law General Communiqué with line number 538 published in the Official Gazette dated 31 May 2022 has been published. Within the scope of this Communiqué, certain obligations were imposed on intermediary service providers, social network providers and hosting providers that mediate the publication of advertisements for the purchase, sale or rental of movable and real properties and goods and services. Aforementioned persons are obliged to report certain information specified in the Communiqué regarding the transactions they carry out to the Turkish Revenue Administration through the system created in the electronic environment.
Constitutional Court Decision On Fingerprint Registration System Is Published!
The Constitutional Court made a new decision regarding tracking employees' shifts by the employers in the working life, with fingerprint, face, palm, or retina scanning methods. The decision of the Constitutional Court, dated 10.03.2022, stating that tracking employees' shift with the fingerprint registration system violates the right to protection of personal data, was published in the Official Gazette dated 19 april 2022 and numbered 31814.
The Application Necessity Of Mediator In Negative Declaratory Actions!
The issue of the application necessity of mediator in terms of negative declaratory actions has been a matter of debate in doctrines and case-laws. However, at this point, a consensus has been reached on this issue and it is accepted that there is no application necessity of mediator in terms of negative declaratory actions.
Amendment To The Currency Of Payment To Be Made In Foreign Exchange Indexed Sale Of Goods Contracts!
In accordance with the Decision No. 32 on the Protection of the Value of the Turkish Currency, the matters to be determined by the Ministry of Treasury and Finance are regulated by the "COMMUNIQUE REGARDING DECISION NO. 32 ON THE PROTECTION OF THE VALUE OF TURKISH CURRENCY (“the Communiqué”) (Communiqué No: 2008-32/34)".
Charging Service Regulation Regarding Electric Vehicles Is Published!
In the context of the Charging Service Regulation (“Regulation”), published in the Official Gazette dated 02.04.2022 and numbered 31797, which entered into force on the date of its publication, the procedures and principles regarding the establishment of charging units and stations where electrical energy is supplied to electric vehicles, administration of stations connected to the charging network, provisions of charging service are determined. In this study, the main principles envisaged by the Regulation will be reviewed.
Expected Guideline Regarding “Discounted Sales Advertisements” Has Been Released!
The regulation on 'discount sales advertisements', which has been regulated within the scope of the Law on the Protection of the Consumer, has been amended and this amendment entered into force on March 1, 2022. With this amendment,
Turnover Thresholds Based On Mergers And Acquisitions Subject To The Competition Board's Permission Have Changed!
An amendment was made to the Communiqué Concerning the Mergers and Acquisitions Calling for the Authorization of the Competition Board (“Communiqué No: 2010/4) with the Communiqué No. 2022/2 (“Communiqué on Amendment”) published in the Official Gazette dated 4 March, 2022 and numbered 31768.
What Do Russian Sanctions Imply?
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Responsibility Of Intermediary Service Provider For Defective Products Purchased Electronically.
ON 15.11.2021, REGARDING THE LIABILITY OF THE SERVICE PROVIDER, 3rd LEGAL DEPARTMENT OF HIGH COURT DECIDED THAT THE INTERMEDIATE SERVICE PROVIDER IS NOT RESPONSIBLE FOR THE DEFICIENCY OF THE PRODUCTS WHICH ARE PURCHASED ELECTRONICALLY.
Egemenoglu Advises Derindere Turizm Otomotiv Sanayi ve Ticaret A.S. on its Second Round of Consolidated and Syndicated Loan Restructuring
As Egemenoğlu Law Firm, we are pleased to announce that we have successfully concluded the second phase of the Financial Restructuring Project developed by our Restructuring Team, under the leadership of our Managing Partner Yunus Egemenoğlu, while we represented and advised Derindere Group, a pioneer in the fleet vehicle leasing industry of Turkey which was ranked, in 2019, as the 76th largest company by Turkey Fortune 500, with respect to the second round of the consolidated and syndicated loan restructuring of its debt amounting up to €350 million, held by numerous financial institutions (29, to be precise, including such giants as Credit Europe Bank, and Islamic Corporation for the Development of the Private Sector).
The Regulation On Pollutant Emission And Transport Registration Is Published.
The “Regulation on Pollutant Emission and Transport Registration” (“Regulation”) prepared by the Ministry of Environment, Urbanization and Climate Change (“Ministry”) was published in the Official Gazette dated 4 December 2021. In the Regulation, the procedures and principles for the creation of a record of the emission and transport of pollutants are regulated in order to protect the environment and reduce environmental pollution originating from industrial and non-point sources.
Procedures And Principles Regarding The Implementation Of Electronic Notification To Ssi Been Published, The Application Time
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