TAX NEWS
NO: 2022/11
Subject: Explanations Regarding "Work Permit Exemption Application System"
The "Distributed Letter" dated 27.09.2022 was published on the "Work Permit Exemption Application System" by the Ministry of Labor and Social Security.
In the Distributed Letter, the following explanations were made regarding "Work Permit Exemption Application System.
Number: E-14836613-010.07.02-173972 27.09.2022
Subject: Work Permit Exemption Application System
To Distribution Locations
As it is known, the International Labor Law No. 6735 regulating work and work permit exemptions to foreigners came into force through publication in the Official Gazette dated 13/8/2016 and numbered 29800, Requests for work permits for foreigners who would like to work in our country are evaluated by our Ministry under this Law and other relevant legislation and work permit is given to those who comply with the request.
Currently, applications for work permits are made online by the relevant university/institution/employer via the e-state gate, under the relevant legislative provisions.
In the first paragraph of Article 13 of the Law entitled "work permit exemption": "Foreigners who are covered by the work permit exemption may work based on obtaining a work permit exemption." Provision is included. The provisions are included in the first paragraph of Article 25 of the Law entitled "Regulation": "Regarding this Law.
A) The terms and procedures of application for work permit and work permit exemption, and their coverage, types, and periods,
B) Foreign and working areas to be evaluated under the work permit exemption, ... It is regulated by the regulations issued by the Ministry."
Foreigners who are included in the work permit exemption under Article 48 of the International Labor Law Implementation Regulation which entered into force through publication in the Official Gazette dated 02.02.2022 and numbered 31738 have been determined. However, pursuant to the second paragraph (d) of Transient Article 1, in Section seven temporary and Final provisions of the Regulation, the work permit exemptions are expected to be carried out in the same way as in existing applications until the technical work is completed. In this context, since the E-Exemption system has not been implemented in the process so far, the process has been carried out by the Directorate of Immigration with permission to reside with the relevant foreigners in accordance with the written approval of our General Directorate of work permit applications.
In aforementioned Article 48 of the Regulation, foreigners who are included in the work permit exemption are identified. Accordingly, provided that the provisions contained in the special laws and the obligations of the foreign and employers arising from other laws shall remain reserved;
A) Foreigners who will work in the scope of scientific, cultural, and artistic activities are up to a month
B) Foreigners who will come for training in the use of goods and services exported from Turkey or imported into Turkey, or for the installation, maintenance and repair of machinery and equipment imported into Turkey, for the delivery of training on its use or for the repair of equipment, or for the purposes of receiving equipment or repairing vehicles that have failed in Turkey are up to three months in total,
C) Offshore service server foreigners up to three months,
Ç) non-governmental board members of joint stock companies and non-executive partners of other companies established under Law No. 6102 and foreigners who are not partners in these companies and who are authorized to represent and disposition at the highest level, will work in Turkey until three months,
D) Those who are located abroad and reported to have Turkish ancestry by the Ministry of the Internal Affairs or Foreign Affairs, and will be working in Turkey are up to three months,
E) Up to four months for foreigners to work within the scope of sporting activities,
F) Foreigners that will make an internship via agreements that is done between Turkish universities and universities in foreign countries and who have been approved by the Education Council are up to four months,
G) Foreigners working in seasonal agricultural and livestock work set out by the General Directorate up to six months,
Ğ) Foreigners who will work at fairs and circus outside the borders of documented tourism businesses will be working for up to six months,
H) Foreign exchanges reported by the relevant public institutions and institutions in which they can provide important services and contributions to Turkey in terms of economic, socio-cultural and technological fields and education up to six months,
I) Foreigners working as tour operator representative up to eight months,
İ) International interns who are eligible by the General Directorate, new interns or youth exchange programs, foreign interns who will be interning up to twelve months,
J) Foreigners, limited to duration of their education who have come to make research in universities and in public institutions and organizations or to increase their knowledge and understanding, up to two month
K) During their contract duration with the sports federations and sports clubs, including professional foreign athletes and coaches who come to Turkey with a sports-legitimized visa, provided that the Ministry of Youth and Sports or the Turkish Football Federation has the appropriate opinion, and sports professionals such as sports physicists, sports physicists, sports physicists, sports masseuse or masseuse, etc.
L) According to the dual protocols made with states based on the rules I/10 of the International Convention on the Training, Documentation and Shift Standards of Seaman, foreign seaman who received Certificate of Conformity from the relevant administration, registered to Turkish International Ship Register and work in ships which serves outside of the cabotage line, during their business or service contract
M) During the duties of foreigners assigned to programs or projects carried out under the Turkish European Union Financial Cooperation Programs,
N) Students enrolled in a formal education program in Turkey are required to work with an employer within the scope of vocational education during compulsory internship.
O) During the duties of foreigners in schools, cultural institutions and religious institutions, which operate as a subsidy of diplomatic and consular representatives of foreign countries in Turkey,
Ö) Diplomatic staff member, consular officer, administrative and technical staff member and consular service in diplomatic and consular representatives of foreign countries in Turkey foreigners who work in the private service of persons serving as international officers and administrative and technical personnel in international organizations in Turkey, during the employment or service contracts,
P) The military factories and shipyards operating within the Ministry of National Defense and the foreign workers working within the Machinery and chemical Industry Anonymous Company during the period of business or service contracts,
R) Foreign personnel, researchers or managers working within the Turkish-Japanese University of Science and Technology established by law on the establishment of Turkish-Japanese University of Science and Technology dated 18/6/2017 and numbered 7034 during the business contracts,
S) Foreigners who will get specialized training in accordance with the Regulation on expertise in Medicine and Foreign Medicine, published in the Official Gazette dated 26/4/2014 and numbered 28983, the work permit is evaluated under the exemption, during the training,
considered as work permit exemption.
In the second paragraph of Article 49 of the Regulation entitled "Application for work permit exemption", "applications for work permit exemption shall be applied by the foreign to the Ministry through the system abroad, to the Turkish foreign representative in the country where the foreign person is a citizen or legally present. Applications to Turkish foreign representation are submitted to the Ministry through the system." is included. In the same article, "in terms of foreigners in the moles of paragraph 1 (o) and (o) of Article 48.
A) Applications for the work permit exemption are made to the Foreign Ministry and applications that are deemed appropriate by the Foreign Ministry are forwarded to the Ministry." In Article 50 of the Regulation entitled "assessing the application for a work permit exemption":"
(1) Work permit exemption applications are evaluated positively provided that information and documentation about application is complete and the foreigner is identified as covered by exemption, if needed, opinions of relevant authorities will be get.
(2) Applications for work permit exemption for three months or longer are evaluated by the Ministry. A work permit exemption document is issued to foreigners whose application is considered favorable.
(3) Work permit exemption applications requested for up to three months;
A) If it is made domestically, by the ministry,
B) Evaluated by Turkish foreign representative if it is made from abroad..." provisions are found.
However, pursuant to the second paragraph (d) of Transient Article 1, in Section seven temporary and Final provisions of the Regulation, the work permit exemptions are expected to be carried out in the same way as in existing applications until the technical work is completed. In this context Since the E-Exemption system has not been implemented in the process so far, the work permit exemption applications are in accordance with the written approval of our General Directorate The process was carried out by the Directorate of Migration by granting permission to reside with the relevant foreigners.
The "work Permit Exemption Application System", whose technical work carried out by our Ministry, has been completed, will be available as of 01.10.2022. The regulations mentioned in this scope are applications for the work permit exemptions listed in article 48 and described above will begin to be received online at https://emuafiyet.csgb.gov.tr.
The application of the work permit exemption of foreigners under International and temporary Protection for seasonal agricultural and livestock work is the relevant Governorship as in the current practice it will continue to be taken from. A passport valid at least for six (6) months must be held by the foreigner for work permit exemption application that foreigners (including foreigners who can enter our country with national id documents) that will make work permit exemption application domestically, must enter our country with their passports. The application for a work permit exemption from the country shall be made within thirty (30) days after the date of foreigner’s admission to Turkey, provided that the visa or visa exemption period is not exceeded.
In this context, in accordance with the relevant legislation, I would like to submit and request the necessary information to inform your relevant units about the new process to be implemented as of 01.10.2022 for the receipt, evaluation and conclusion of work permit exemption applications for foreigners and to announce the Work Permit Exemption Application System.
Sadettin AKYIL
on behalf of the minister
International Workforce General Manager
Additional:
1 - E-Exemption Application Steps Infographic (2 Pages)
2 - Work Permit Exemption Document Example (1 Page)
To the Presidency of the Republic of Turkey
To the Ministry of Justice
To the Ministry of Family and Social Services
To the Ministry of Environment, Urbanization and Climate Change
To the Ministry of Foreign Affairs
To the Ministry of Energy and Natural Resources
To the Ministry of Youth and Sports
To the Ministry of Treasury and Finance
To the Ministry of Interior
To the Ministry of Interior (General Directorate of Security)
To the Ministry of Culture and Tourism
To the Ministry of National Education
To the Ministry of National Defense
To the Ministry of Health
To the Ministry of Industry and Technology
To the Ministry of Agriculture and Forestry
To the Ministry of Commerce
To the Ministry of Transport and Infrastructure
To the Presidency of the Council of Higher Education
To the Presidency of Vocational Qualifications Authority
To the Presidency of the Social Security Institution
To the General Directorate of Turkish Employment Agency United Nations Representative to Turkey
To the Machinery and Chemical Industry Inc.
To the Rector of the Turkish-Japanese Science and Technology University
To the Presidency of the Scientific and Technological Research Council of Turkey
To the Turkish Football Federation
To the Presidency of the Union of Chambers and Commodity Exchanges of Turkey
To the Presidency of the Association of Turkish Travel Agencies
To the Turkish National Agency
To the Presidency for Turks Abroad and Related Communities
Yours sincerely,
Deloitte Turkey
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