FOREIGN STUDENTS GET TURKEY WORK PERMITS

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FOREIGN STUDENTS GET WORK PERMITS
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The law regulating the working conditions of foreigners in Turkey was published in the Official Gazette and entered into force. Legal regulations that bring many innovations, from company manager to health and education sector employee, from Turquoise card to refugees, also give foreign students with higher education in Turkey the right to work permits.

Turkey iResidence accounting and financial consulting services partner of the company according to the assessment, at the level of undergraduate or graduate foreign students who study in Turkey, after completing the first year of their education will be able to apply for a work permit under the Labor Law No. 4857 and part-time will be able to work. These restrictions will also not apply to graduate foreign students enrolled in formal education programs.

Foreign students who have completed their higher education will be able to apply for a work permit within 1 year from the date of graduation and their applications will be evaluated by the International Labour Policy Advisory Board.

Turkey iResidence gave the following information about foreign students: “according to YÖK’s 2019-2020 data, there are 247 thousand 188 foreign students in Turkey. Turkey universities are particularly attracted to students from Central Asian countries. According to TUIK December 2020 data, the unemployment rate in Turkey between the ages of 15 and 24 is 4 percent. In the coming years, we will see how the participation of foreign students in the labor market in Turkey will be reflected in the level of youth unemployment in our country.”

International Labour Law No. 6735 enacted their education in a higher education institution in Turkey or abroad, the Faculty of engineering and Architecture Engineers and architects who have completed a higher education institution recognized authorities and the relevant country, project-based or temporary permission to work with architecture and engineering occupations for a period it requires to perform.
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CONVENIENCE FOR COMPANY MANAGERS

There is also new regulation in the article of the law describing the types of work permits. Accordingly, the director of limited liability companies who is a company partner, the member of the board of directors who is a company partner of Joint Stock Companies and the director of commandite companies whose capital is divided into shares will be able to work in Turkey by obtaining a work permit

Foreigners who will work in free zones will apply for a work permit to the Ministry of Economy.
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PRE-LEAVE REQUIREMENT IN HEALTH AND EDUCATION SECTORS

According to the new law, foreigners who will work in health services requiring professional qualifications must obtain preliminary permission from the Ministry of Health and foreigners who will work in education services must obtain preliminary permission from the Ministry of Education. Foreign lecturers will receive preliminary permission from YÖK.

Foreigners who will work as R&D personnel in companies with R&D center certificate will also be evaluated in case of a positive opinion of the Ministry of Science, Industry and Technology.
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TURQUOISE CARD APPLICATION

The law includes a new application called ‘Turquoise card’ in its working life. Accordingly, foreigners who will have a positive impact on the country’s economy and employment with their educational level, professional experience, contribution to science and technology will be given a turquoise card. The assessment of this effect will be evaluated according to the recommendations to be made by the International Labour Policy Advisory Board, and foreigners whose application is considered appropriate by the ministry will be eligible to receive a turquoise card, provided that the first 3 years are a transition period.

Turkey iResidence said: “the foreigner to obtain 2021 Turkish Work Permit ID Card application will benefit from the rights granted by the indefinite work permit. The spouse and dependents of the foreigner who holds the turquoise card will also be given a document indicating that he is a relative of the turquoise card holder and replacing the residence permit. Foreigners with temporary protection, that is, refugee status, will not be able to benefit from the turquoise card provisions,” was said.
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SPECIAL ARRANGEMENT FOR REFUGEES

One of the most debated issues in the law was whether refugees should be given work permits. According to the article ”foreigners covered by international protection” refugees who have requested protection and have not yet decided on their application will be able to apply for Turkey work permit or work permit exemption 6 months after the date of applying for international protection, foreigners who have been granted temporary protection, the date of issuing the temporary protection identity document. For foreigners who have the right to apply, the positive opinion of the Ministry of Interior will be sought, meaning that they will check whether they are engaged in any illegal activities. Having a valid work permit or work permit exemption will not provide these foreigners with the absolute right to stay in Turkey.
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APPLICATION PROCEDURE UNCHANGED

Applications from outside Turkey will continue to be made to embassies or Consulates General of the Republic of Turkey in the relevant countries, and directly to the Turkish Ministry of Labor and Social Security in the country. A work permit will be granted for a maximum of 1 year in the first application, a maximum of 2 years in the first application for an extension, and a maximum of 3 years in subsequent applications for an extension, provided that they work in the same workplace or in workplace in a similar work line. Foreigners who have a long-term residence permit or a work permit for at least 8 years in Turkey will be able to apply for an indefinite Turkish work permit.
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FINE OF 8 THOUSAND TURKISH LIRA PER FOREIGNER

The Turkish employers will continue to fulfill their obligations arising from social security legislation in accordance with the provisions of the relevant law within their legal period. Employers in Turkey who fail to meet their notification obligations on time expect an administrative fine of 8 thousand TL per each foreign employee.
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