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Residence Permit and Work Permit2024 Update in Turkish Immigration Laws

In the ever-evolving landscape of immigration laws around the world, staying updated with 2024 Update in Turkish Immigration Laws is essential for businesses seeking to expand their global presence. For US employers eyeing expansion into Istanbul, Turkey, understanding the intricacies of the Istanbul work permit application process and the changes in Turkish immigration laws is crucial. This comprehensive guide provides valuable insights on the latest updates in Turkish immigration laws, focusing on the Istanbul work permit, and how employers can effectively navigate them.

Understanding Istanbul Work Permit

An Istanbul work permit allows foreign nationals to legally work in Istanbul, Turkey. It is issued by the Ministry of Labor and Social Security (MLSS) in Turkey. The work permit is tied to the specific employer and job role stated in the application.

The work permit application is a two-step process involving the employer and the foreign worker. The employer must first apply for a work permit on behalf of the foreign worker with the MLSS. Following the approval of the work permit, the foreign worker must then apply for a work visa at the Turkish embassy or consulate in their home country.

Recent Changes in Turkish Immigration Laws

In order to provide a smooth immigration experience for foreign workers and their employers, the Turkish government has implemented several updates in the immigration laws in recent years. Here are some of the notable updates:

1. Online Application for Labour Market Impact Assessment (LMIA)

Starting from May 7, 2023, the Employment and Social Development Canada stopped accepting LMIA applications by email. Employers are now required to register with the Job Bank and file these applications through the new LMIA Online Portal. The portal is linked to the employer’s Job Bank account, which requires the employer’s contact person to have a Canadian Social Insurance Number.

2. Reduction in Express Entry CRS Score

On April 26, 2023, the minimum Express Entry Comprehensive Ranking System (CRS) score required to receive an invitation to apply for permanent residence was reduced to 483 points, down from 507 points at the beginning of 2023. This change was designed to attract more skilled workers to Turkey.

3. Extension of Post-graduation Work Permit (PGWP)

The Turkish government announced on April 6, 2023, that post-graduation work permit (PGWP) holders whose permits expired or will expire between January 1, 2023, and December 31, 2023, may apply for an 18-month extension.

4. Support for Iranian Temporary Residents

The Turkish government announced a new temporary measure on February 23, 2023, to support Iranian temporary residents in Turkey. Effective from March 1, 2023, Iranians in Turkey may apply for an open work permit valid for up to three years.

5. Addition of Occupations to the Global Talent Occupations List

On December 22, 2022, the Turkish government added five additional occupations to the Global Talent Occupations List under the Global Talent Stream. These occupations include civil engineers, electrical and electronics engineers, mining engineers, aerospace engineers, and electrical and electronics engineering technologists and technicians.

Istanbul Work Permit Application Process

The Istanbul work permit application process involves several steps:

1. Employer’s Application to MLSS

The employer must first apply for a work permit with the MLSS. This requires the employer to submit detailed information about the company, the job offer, and the foreign worker they intend to hire.

2. MLSS Review and Decision

The MLSS reviews the work permit application. If the application meets all requirements, the MLSS issues a work permit approval.

3. Foreign Worker’s Application for Work Visa

Following the work permit approval, the foreign worker must apply for a work visa at the Turkish embassy or consulate in their home country. They must submit the work permit approval, along with other required documents, during the visa application.

4. Entry into Turkey and Work Permit Issuance

Once the work visa is granted, the foreign worker can travel to Turkey. Upon their arrival, they must apply for a residence permit. After the residence permit is issued, the work permit is sent to the employer’s address in Turkey.

It’s important to note that the work permit is tied to the employer and the specific job role. If the foreign worker changes jobs or employers, a new work permit must be obtained.

Common Misconceptions About Work Permits in Turkey

There are several common misconceptions about the work permit process in Turkey. It’s important for employers and foreign workers to understand these misconceptions in order to successfully navigate the work permit process. Here are some common misconceptions and the truths behind them:

Misconception 1: The Work Permit Application Process is Quick and Easy

The truth is that the work permit application process involves multiple steps and requires several documents. It can take several weeks or even months to complete the process.

Misconception 2: Any Foreign Worker Can Apply for a Work Permit in Turkey

The truth is that not all foreign workers are eligible for a work permit in Turkey. The MLSS evaluates each work permit application based on various criteria, including the foreign worker’s qualifications, experience, and the demand for their skills in the Turkish labor market.

Misconception 3: Once Granted, the Work Permit is Valid Indefinitely

The truth is that a work permit is valid only for a specific period, typically one year. After this period, the work permit must be renewed. Each renewal requires a new application and approval process.

Legal Assistance in Turkish Work Permit Applications

Navigating the work permit application process in Turkey can be complex and challenging. Engaging the services of experienced Turkish work permit lawyers in Istanbul can make the process smoother and more successful.

At the Istanbul Law Office, our team of English and Turkish speaking attorneys have extensive experience in Turkish immigration laws and work permit applications. We provide comprehensive legal services, including assistance with work permit applications, advice on immigration laws, and representation in legal proceedings. Our attorneys are well-versed in the latest changes in Turkish immigration laws and stay updated on all developments to provide the best possible service to our clients.

If you’re considering expanding your business into Istanbul or hiring foreign workers in Turkey, reach out to us for professional legal assistance. Our attorneys will guide you through every step of the work permit application process, ensuring you’re well-prepared and informed. Contact us today for more information.

Frequently Asked Questions

Q1: How long does it take to obtain an Istanbul work permit?

The processing time for an Istanbul work permit application can vary depending on various factors, including the completeness of the application and the workload of the MLSS. On average, it can take several weeks to several months for a work permit application to be processed.

Q2: Can a work permit be extended in Istanbul?

Yes, a work permit can be extended in Istanbul. The extension application must be submitted to the MLSS before the current work permit expires. The extension process involves a review of the foreign worker’s performance and the employer’s continued need for their services.

Q3: What happens if a work permit application is rejected?

If a work permit application is rejected, the employer or foreign worker can appeal the decision within a specified period. The appeal must be submitted in writing and must include reasons for the appeal. If the appeal is unsuccessful, a new work permit application can be submitted after a certain period.

Q4: Can a foreign worker change jobs or employers with the same work permit in Istanbul?

No, a work permit is tied to the specific employer and job role stated in the application. If a foreign worker changes jobs or employers, they need to obtain a new work permit.

Q5: Are there any penalties for working in Istanbul without a work permit?

Yes, working in Istanbul without a valid work permit carries penalties, including fines, deportation, and a ban from re-entering Turkey. Employers who hire foreign workers without a valid work permit can also face penalties.

Conclusion

Navigating the changes in Turkish immigration laws, particularly concerning Istanbul work permit, requires in-depth understanding and careful attention to detail. With the constant updates and modifications, staying abreast with the changes is crucial for businesses looking to expand in Istanbul. Engaging professional legal assistance, like that provided by the Istanbul Law Office, can make the process seamless and efficient. Our team of experienced lawyers can guide you through all aspects of the work permit application process, ensuring compliance with the latest immigration laws. If you’re considering expanding your business into Istanbul, contact us today for comprehensive legal assistance.