Work Permit Evaluation Criteria
A. GENERAL EVALUATION CRITERIA
1. Employment criteria
1.1. In workplaces subject to the balance sheet basis procedure, for each foreigner for whom a work permit application is made, it is essential to employ at least five Turkish citizens in the workplace where the foreigner will be working.
1.2. Workplaces with net sales of 50,000,000 Turkish Liras or more in the last year, will be exempt from the employment criteria for up to five foreigners.
2. Financial eligibility criteria
2.1. For work permit applications made for foreigners to be employed in newly established workplaces (established in the most recent financial year and not yet having prepared a year-end balance sheet and annual income statement), the workplace must have a paid-in capital of at least 500,000 TL.
2.2. For work permit applications made for foreigners to be employed in workplaces operating under the balance sheet basis method (established in a year prior to the current financial year and having prepared at least one year-end balance sheet and annual income statement), the workplace must have either a paid-in capital of at least 500,000 TL, net sales of at least 8,000,000 TL, or exports of at least 150,000 USD.
2.3. For work permit applications made by general partnerships established by workplaces subject to the balance sheet basis method, it is required that at least one partner has either a paid-in capital of at least 500,000 TL, net sales of at least 8,000,000 TL, or exports of at least 150,000 USD.
3. Salary criteria
3.1. The remuneration of the foreigner must be at least as follows, takin into account the current gross minimum wage at the time of the work permit application date:
- a) Five times the minimum wage for senior executives and pilots,
- b) Four times the minimum wage for engineers and architects,
- c) Three times the minimum wage for other managers,
- d) Twice the minimum wage for those employed in jobs requiring expertise and mastery,
- e) The minimum wage for foreigners employed in domestic work and other professions/jobs.
4. Exceptions to employment and financial eligibility criteria
4.1. For work permit applications made on behalf of foreigners who have legally resided in Türkiye for at least three years in the last five years, excluding student residence, the employment and financial eligibility criteria will not apply for up to three foreigners within this scope.
4.2. It is essential that the number of foreigners working with a work permit in workplaces under the first paragraph does not exceed the number of Turkish citizens employed in the same workplace.
4.3. Provided that the relevant legislation provisions for foreigners under international protection are reserved, if more than three foreigners meeting the conditions in the first paragraph are to work in the same workplace, the evaluation of work permit applications for the fourth and subsequent foreign employees must meet the employment and financial eligibility criteria for each foreigner employed in the workplace.
B. EVALUATION CRITERIA PECULIAR TO INDUSTRY, PROFESSION, OR JOB
1. Information technology industry
1.1. Employment and financial eligibility criteria will not be applied for work permit applications regarding jobs, professions, or positions requiring expertise, such as software development, database expertise, mobile software expertise, system network and security expertise, and enterprise architecture expertise for the businesses operating in the information technology industry.
1.2. In workplaces operating outside the information technology industry, the employment and financial eligibility criteria will not be applied for work permit applications regarding jobs, professions, or positions requiring expertise, limited to a maximum of two foreigners.
2. Education
2.1. In educational institutions, obtaining a pre-permit from the Ministry of National Education or the Council of Higher Education is mandatory for the evaluation work permit applications for foreigners working in professions and positions requiring professional qualifications.
2.2. The work permit applications made on behalf of foreign teaching staff for whom pre-permit has been granted by the Council of Higher Education, the evaluation criteria will not be applied as outlined in the Law No. 6735 on International Labour Force, Article 8, paragraphs three and four.
2.3. Subject to the provisions of international agreements, the employment and financial criteria will not be applied for work permit applications regarding foreigners working in jobs or professions requiring pre-permit according to Article 29 of the Regulation on Private Educational Institutions of the Ministry of National Education.
3. Domestic work
3.1. In the domestic work industry, the employment of foreigners is based on the care of the children, elderly, disabled and sick.
3.2. In the domestic work industry:
- a) For childcare:
- If the parents are married, the child's mother or father,
- If the parents are divorced, the parent with the custody of the child,
- The person who adopts the child,
- If the child is under guardianship, the child's legal guardian,
- The person with the status of a foster mother or foster father within the foster family program,
- The mother of a child born outside of marriage or the father, who has legally acknowledged that child,
- b) For the care of the elderly, disabled, and sick:
- The disabled, sick, or elderly person themselves,
- The first or second-degree relatives of the disabled, sick, or elderly person,
- The guardian of the disabled, sick, or elderly person, if they are under guardianship,
- may apply for a work permit.
3.3. In the evaluation of work permit applications, the following situations will be taken into account:
- a) The health condition and age of the person to be cared for,
- b) Education, professional experience, level of proficiency in the Turkish language, residency or work history in Türkiye, marital status, and age of the foreigner providing car,
- c) Other factors indicating the peculiar nature of the tasks for this job,
ç) The socio-economic status of the employer, including their assets, and regular monthly income.
3.4. In domestic work, the person to be cared, or their second-degree (including) blood or in-law relatives who will support them, must have sufficient, continuous, and regular income, as documented by the relevant institutions and organizations. If the person to be cared for or accompanied has no second-degree (including) blood or in-law relatives, other family members wishing to help providing the care must submit a document proving sufficient, continuous, and regular income from the relevant institutions, as well as a notarized commitment to support the care from the employer.
3.5. In domestic work, if a work permit holder, who obtained this permit through an overseas application, would like to apply for another work permit to work for a new employer within six months of the current permit start date, it will be refused, except in cases of force majeure.
4. Aviation industry
4.1. Work permit applications for foreigners, who work as senior executives or in specialist positions for the foreign flag carrier airlines’ Türkiye branches, will not be subject to employment and financial eligibility criteria.
5. High-tech industry
5.1. For qualified investments that are committed to making a significant contribution to the national economy or creating a high number of jobs, or in cases where there is a need for qualified workforce due to the nature of the job and the unavailability of Turkish citizens with the same qualifications, work permit applications may be exempt from the general evaluation criteria, subject to approval by the Directorate General of International Labour Force.
5.2. For foreigners working as R&D, innovation, and design personnel in companies with R&D or design center certificates under Law No. 5746 on the Support of Research, Development, and Design Activities, and for foreigners working in technology development zones under Law No. 4691 on Technology Development Zones, the approval of the Ministry of Industry and Technology is required. Employment and financial eligibility criteria will not applied in the evaluation of work permit applications in this context.
6. Public projects
6.1. In cases where bilateral or multilateral agreements to which Türkiye is a party contain provisions or for foreigners working on projects implemented in Türkiye under such agreements, work permit applications will not be subject to employment and financial eligibility criteria.
6.2. For foreigners to be employed by companies that have contracts or agreements with public institutions and organizations for the supply of goods and services, or by subcontractors working in these projects, the evaluation of work permit applications will not be subject to employment and financial eligibility criteria.
7. Health industry
7.1. For foreigners applying for work permits to work in professions requiring professional qualification in health institutions, pre-permit from the Ministry of Health is mandatory.
7.2. In the health industry, for foreigners to work in public institutions in professions requiring professional qualifications, work permit applications will not be subject to employment, salary, or financial eligibility criteria.
8. Tourism industry
8.1. For foreigners to be employed in jobs requiring expertise and mastery in tourism industry establishments:
- a) Tourism businesses certified by the Ministry of Culture and Tourism,
- b) Restaurants operating under a contract at the same address as the tourism business certified by the Ministry of Culture and Tourism,
- c) Tourism animation and event management companies operating under a contract with tourism businesses certified by the Ministry of Culture and Tourism,
ç) Hammams, saunas, etc. operating under a contract at the same address as a tourism business certified by the Ministry of Culture and Tourism,
- d) Hammams and saunas in a cooperation agreement with businesses holding a tourism agency certificate,
- e) Thermal hotels with permit of operation from official authorities,
Work permit applications for foreigners from these establishments will not be subject to the employment criteria, provided that at least ten Turkish citizens are employed.
8.2. The work permit applications for jobs requiring expertise and mastery as mentioned in the first paragraph, such as masseurs, masseuses, SPA therapists, and other similar roles, the workplace must be;
- a) A tourism business certified by the Ministry of Culture and Tourism that can prove it has a massage salon, or the establishment or a thermal hotel with a permit of operation from the relevant authorities,
- b) A massage salon operating under a contract at the same address as a business which is tourism business certified by the Ministry of Culture and Tourism,
- c) A hamam or sauna facility which has a contract with a travel agency certificate owning business,
ç) A sports center certified by official authorities employing at least twenty Turkish citizens,
Work permit applications for foreigners to work in jobs requiring expertise and mastery such as masseurs, masseuses, and SPA therapists will be evaluated negatively if the business does not meet the above requirements (a), (b), (c), and (ç).
8.3. In the context of paragraphs 1 and 2, the maximum number of foreigners allowed to work at a business will be determined by the financial and physical capacity of the establishment.
8.4. Work permit applications for foreigners employed in businesses (e.g., hairdressers, jewelers, leather, carpet, textile sales, etc.) operating under a contract at a tourism business certified business by the Ministry of Culture and Tourism Tourism will be evaluated based on an exemption from employment and financial eligibility criteria, but only for a maximum of two foreigners.
8.5. For work permit applications made from within Türkiye for foreigners to work in health tourism activities at travel agencies certified by the Ministry of Culture and Tourism and authorized intermediary organizations by the Ministry of Health, employment and financial eligibility criteria will not be applied for a maximum of five foreigners.
9. Foreign students
9.1. Foreign students who are enrolled in associate and undergraduate degree programs at a higher education institution in Türkiye can work part-time after completing their first year of study.
9.2. Work permit applications for graduate students enrolled in formal education programs will not be subject to the limitations mentioned in the first paragraph.
9.3. The status of the foreigner as a student will be verified based on the records of the Council of Higher Education (Yükseköğretim Kurulu - YÖK).
9.4. Work permit applications for foreign students wishing to work in jobs unrelated to their field of study in entertainment or domestic work industry will be evaluated negatively.
9.5. In evaluating work permit applications for foreign students enrolled in associate and undergraduate degree programs, factors such as the city in which the student is studying will be considered.
9.6. For foreign students studying under the Türkiye Scholarships Program (Türkiye Bursları), the opinion of the Presidency for Turks Abroad and Related Communities (Yurtdışı Türkler ve Akraba Topluluklar Başkanlığı) will be sought in evaluating work permit applications.
9.7. For foreign students benefiting from the YÖK Scholarship Program, work permit applications made during their studies or after graduation will be evaluated with input from the Council of Higher Education (YÖK).
10. Cases general evaluation criteria applied
10.1. In cases where no specific evaluation criteria are outlined for an industry, profession, or job in Section B (Special Evaluation Criteria by Industry, Profession, or Job), the general evaluation criteria shall apply.
11. Criteria exemptions based on industry, profession, or job
11.1. For foreigners whose work permit applications fall under the exemptions from industry-specific, profession-specific, or job-specific evaluation criteria outlined in Section B, applications for work permits made within six months of the start date to work for a different employer, or in an industry, profession, or job not specified in Section B, will be evaluated negatively, except in cases of force majeure.
C. EVALUATION CRITERIA FOR FOREIGNERS WHO ARE COMPANY PARTNERS
1. Financial eligibility and employment criteria for foreigners who are company partners
1.1. For businesses operating under the balance sheet method:
- a) In evaluating a work permit application for a foreigner who is opening a new business or becoming a partner in an existing business, the foreigner must have at least 500,000 TL as their share of the capital, and the total paid-up capital of the business they are partnering in must also be at least 500,000 TL. Additionally, the foreigner's shareholding must be at least 20%.
- b) In evaluating a work permit application for a foreigner who is opening a new business or becoming a partner in an existing business, the business must employ at least five Turkish citizens. For the initial work permit issued to the foreign partner or business owner, this condition will be explicitly noted. From the start of the seventh month of the permit, the business must employ at least five Turkish citizens every month.
1.2. For foreign partners with a capital share of 100,000 USD or more, the criteria set out in subparagraphs (a) and (b) of paragraph 1 will not apply.
Ç. FOREIGNERS EXEMPT FROM EVALUATION CRITERIA
1. Foreigners exempt from evaluation criteria
1.1. The following foreigners are exempt from the employment, financial eligibility, and salary criteria when applying for a work permit:
- a) Foreigners whose parent or child is a Turkish citizen.
- b) Foreigners who have been granted a humanitarian residence permit.
- c) Foreigners who have been granted a residence permit as victims of human trafficking, or who are benefiting from a victim support program under the Regulation on the Fight Against Human Trafficking and Protection of Victims.
ç) Stateless persons with a Stateless Person Identity Card.
- d) Foreigners granted a long-term residence permit.
- e) Foreigners who have been married to a Turkish citizen for at least three years.
- f) Foreigners who have been in Türkiye for at least eight years with a work permit, short-term residence permit, family residence permit, long-term residence permit, humanitarian residence permit, or human trafficking victim residence permit.
- g) Foreigners of Turkish descent, as confirmed by the Ministry of Interior or Ministry of Foreign Affairs, or those identified by the General Directorate as suitable under the international labour force policy, who will work in professions reserved for Turkish citizens.
ğ) Citizens of the Turkish Republic of Northern Cyprus (TRNC).
1.2. Foreigners in the first paragraph must prove their status with documents from public institutions and organizations.
1.3. Being included in the first paragraph does not guarantee the issuance of a work permit for the foreigner.
D. OTHER PROVISIONS
1. Voluntary activities
1.1. Work permit applications for activities that do not qualify as employment and are only for the purpose of voluntary work will be negatively evaluated.
2. Transitional provisions
2.1. For work permit extensions for permits granted before the evaluation criteria came into effect, the evaluation of the extension request may differ under the international labour force policy of the General Directorate. Work Permit Extensions will be evaluated based on the financial eligibility criteria in effect at the time of the initial application.
3. Execution
3.1. The criteria outlined in Section A, Article 2 ("Financial Eligibility Criteria") regarding paid-up capital and net sales thresholds, and the capital share threshold in Section C, Article 1 (Foreign Company Partners' Financial Eligibility and Employment Criteria), will come into effect on 01/10/2024, except for the specific thresholds mentioned.
3.2. The implementation of the thresholds for paid-up capital and net sales in Section A, Article 2, and the capital share threshold in Section C, Article 1, will come into effect on 01/01/2025.
3.3. Until 01/01/2025, the following will be considered sufficient for meeting the financial eligibility criteria for work permit applications:
- a) The business must have at least 100,000 TL in paid-up capital, at least 800,000 TL in gross sales, or at least 150,000 USD in export volume for the last year.
- b) For foreign company partners, a capital share of at least 40,000 TL will be considered sufficient for meeting the financial eligibility criteria.