Foreign nationals who want to work in Turkey can obtain a work permit provided they fulfill the conditions set within the scope of the International Labor Force Law No. 6735. This permit is generally subject to a specific period and needs to be renewed. However, foreigners who meet the conditions foreseen in the law and relevant regulations can apply for an indefinite work permit, gaining the opportunity for more permanent employment in Turkey. So, what is an indefinite work permit, who can apply, and what processes should be followed? In this article, we will comprehensively discuss the curious issues regarding indefinite work permits for foreigners.

As the name suggests, an indefinite work permit provides the right to work in Turkey without any time limitation. However, to apply for this permit, the foreigner must have worked legally in Turkey for a certain period and meet some additional conditions. These regulations in the administrative legislation aim both to protect the country’s labor policy and to allow qualified foreign labor that will contribute to employment in the long run. Still, qualifying for an indefinite work permit does not mean automatically acquiring Turkish citizenship status. Therefore, it is important for the applicants to closely examine the relevant legislation or seek legal consultancy.

What are the Conditions for an Indefinite Work Permit?

An indefinite work permit is not for foreigners who will obtain a work permit for the first time; it is a right granted to individuals who have legally worked and resided in Turkey for a certain period. These periods and conditions are detailed in the law. Generally speaking, the following criteria are considered:

1. Legal Working Period: The foreigner is expected to have legally worked in Turkey uninterruptedly and for a specific period (usually at least 8 years) or to hold a long-term residence permit. These periods may vary depending on short-term interruptions in the foreigner’s employment contract or changes in employer.
2. Regular Residence and Compliance: It is important that the foreigner is in Turkey with a valid residence permit and does not pose any problems regarding public order and security. Any criminal record or deportation decision may negatively affect the indefinite work permit application.
3. Tax and Insurance Obligations: It is also taken into consideration whether the foreign employee and their employer have acted in compliance with social security and tax regulations. Otherwise, it may not be possible to renew the work permit or make it indefinite.
4. Qualification and Contribution Criteria: From time to time, within the framework of Turkey’s labor policies, priority can be given to qualified foreign employees. In this context, the foreigner’s education level, field of expertise, professional certificates, and experience are among the factors evaluated during the application process.

Foreigners who qualify for an indefinite work permit can continue their right to work and reside in Turkey without being subject to a duration extension procedure thanks to this permit. However, they are still obliged to fulfill their other legal obligations in Turkey (address declaration, tax liability, etc.). For detailed information and legal support, getting consultancy from expert lawyers within the scope of [Administrative Law] can facilitate process management.

Indefinite Work Permit Application and Appeal Process

The indefinite work permit application is generally made through the Ministry of Labor and Social Security or relevant institutions. The following steps are followed in the application:

1. Online Application: The foreigner and the employer must register in the relevant system, upload the necessary documents in PDF format, and fill out the application form. The information in the application form must not be untrue or incomplete.
2. Review of Documents: The relevant institution evaluates the submitted documents within the framework of the legislation. Work history, duration of residence, and tax-insurance obligations are scrutinized at this stage.
3. Notification of the Decision: When the application is concluded positively, an indefinite work permit is granted to the foreigner and the necessary documents are issued. In the event of a rejection decision, the legality of this decision can be disputed. The foreigner has the right to file an administrative appeal or an annulment lawsuit against the rejection decision.
4. Appeal and Litigation Process: When a rejection decision is given, the foreigner or the employer can first appeal to the administrative authorities. If the appeal results negatively, filing an annulment lawsuit in the administrative court comes into question. Obtaining legal consultancy is important when proceeding to the court process. You can request the support of expert lawyers in relevant processes from our About Us page or the Our Services section.

Although an indefinite work permit provides great convenience to foreigners, there is no guarantee that every application will be accepted. Violations that occurred during fixed-term work permits, incomplete premium payments, or situations threatening public order make it difficult to obtain an indefinite work permit. Since even a minor deficiency in the application form can result in a rejection, making comprehensive preparations prior to the application is the healthiest approach. Seeking professional support regarding correspondence with administrative institutions, procurement of documents, and follow-up of legal procedures saves time and increases the chances of getting a positive result.

In conclusion, foreigners can obtain an indefinite work permit, but serious conditions must be met for this. Working legally in Turkey for many years, fully fulfilling tax and social security obligations, and not posing a problem in terms of public order and security are among the primary conditions. While an indefinite work permit facilitates the foreigner’s employment in Turkey, it also brings along certain rights and responsibilities. Due to the frequent updating of the legislation, it is recommended that applicants follow the current regulations or seek professional legal consultancy through our contact channel.

Frequently Asked Questions

Question 1: Do I need to get a residence permit in Turkey after obtaining an indefinite work permit?
Answer: An indefinite work permit also includes the right of residence. There is no need to obtain a separate residence permit, but other legal obligations such as address declaration must be fulfilled.

Question 2: Can an indefinite work permit holder change jobs?
Answer: Yes. Since an indefinite work permit grants the right to work with any employer, there is no restriction on changing jobs. However, SGK and tax notifications must be kept up to date.

Question 3: Can I reapply if I receive a rejection decision?
Answer: If the decision does not change as a result of an administrative appeal or annulment lawsuit and the deficiencies are resolved, a reapplication can be made. It is important to ensure that the reason for rejection has disappeared before renewing the applications.