Work Permit of Turkish Origin Foreigners

The law number 2527 which was legislated in 1981 supports foreigners who are Turkish origin and who reside in Turkey, with performing their professions and artworks freely, or work in private firms excluding public institutes, Turkish Armed Forces and Security Cooperation. It is indicated in the law number 2527 after the law number 4817 was legislated that the authority of giving work permit to Turkish origin foreigners belongs to Ministry of Labor and Social Security. Besides, it is ensured to take views from Ministry of Internal Affairs and Ministry of Foreign Affairs. The regulation for the enforcement of the law was legislated the same year the law itself was also legislated.

The biggest enigma about Turkish origin foreigners is about which nationality can be counted as Turkish origin. It is known that Turkish people who come from periphery countries and Balkan States would like to benefit from their right to labor in scope of this. It is absent in the law and in the regulation for the enforcement of the law whether Turkish origin people can work in the branches which are permitted for foreign workers or not. This is not a deficiency in relation to the law. For the opinion of the management comes into prominence when it comes to this issue, and also the management draws a frame with classified regulations. A highly classified directive is legislated by the Ministry of Internal Affairs. The Ministry of Labor will decide whether or not they are in the scope of Turkish origin according to the opinions of relevant councils including the Ministry of Internal Affairs and also looking at the regulations.

The exemption from getting work permit for Turkish origin foreigners was not indicated in the law number 2527 and its related regulations. As a matter of fact, the law number 2527 was altered after the law number 4817 was legislated in 2003, which stipulates that the work permits should be given by Ministry of Labor and Social Security. Pursuant to article number 30 of the law which provides this change, this judicial sentence was held: “For Turkish origin foreigners, the permission to work and to be employed for the professions and works for which the Turkish citizens are able to work, providing that they have the qualifications and they are willing to carry out the obligations which are required in special laws, according to this Law and the Law of Work Permit for Foreigners, they are given the permission by The Ministry of Labor and Social Security with the help of the opinions of other related departments and institutions”.

The Ministry of Labor and Social Security legislated a regulation with a classified inscription in 2009 concerning the exemption of foreigners who are Turkish origin pursuant to the article number 30 of the law number 4817. This judicial sentence was held in this regulation: “By means of having residence permit before 7.3.2009 and having been residing in Turkey since; Turkish origin foreigners who are Western Thracian Turks and who are citizens of Iraq, China (East Turkestan), Afghanistan, Bulgaria and Turkish Republic of Northern Cyprus who demanded residency until 7.10.2009, may be exempt from work permit with the demands of The Ministry of Labor and Social Security and also the opinions of the Ministry of Internal Affairs and the Ministry of Foreign Affairs. The workers who are within the scope of the law number 2527 and who are citizens of Turkish Republic of Northern Cyprus are out of the scope of this regulation.

The regulation stated above was ceased by Council of State as a result of TMMOB’s (Turkish Engineers’ and Architects’ Association) file with the reason that “according to Turkish Engineers’ and Architects’ Associations law number 6235 and the law number 4817, a foreign engineer cannot be exempted from work permit even in the event that they are Turkish origin”. Thus, foreigners who are Turkish origin –including the ones who are exempted from the rule of prohibited branches for foreigners- must have their work permit to work in Turkey. However, with the change in the implementing provisions of the law number 4817 in February 2012, the work permit will be given to Turkish origin foreigners without the application of criterias.

Generally, people who fail to keep possession of their Turkish citizenship are treated as foreigners, and they also treated as such about their work permits. Nevertheless, a derogation was applied to this judicial sentence for Turkish citizens who live abroad and who want to be the citizen of the country which they reside. Turkish citizens who live in the countries that do not accept dual nationality are forced to expatriate their Turkish citizenship. A change was made in the Law of Turkish Citizenship to protect these citizens who does not wish to leave their Turkish citizenship but also would like to stay in the citizenship of the country in which they live for social and economical reasons. Pursuant to the article number 28 of the law, people who were born in Turkey and who by means of loss of their citizenship with the will to expatriate and also their third-degree relatives, excluding the exceptions, will continue having their rights as Turkish citizens. One of these rights is the right to work. The Law of Turkish Citizenship has restricted only working as a public official and has not counted other workspaces as exceptions. In that case, the ones who are deprived of Turkish citizenship by means of their own decision, in other words, the ones who has the right of owning Blue ID Card are exempted from the obligation of work permit. At the same time, these Turkish origin foreigners are eligible for working in the fields which are prohibited for foreigners.

For the protection of the rights of citizens who have expatriated from Turkish citizenship because of one of these reasons, the application of Blue ID Card was put into practice. A Blue ID Card is issued for these people so that they can enjoy their rights if they are willing to. The citizens who have the Blue ID Card are treated as Turkish citizens if they ever come to Turkey and need any kind of service. Blue ID Cards are issued only with the personal request of citizens. Outside Turkey, External Representative Institutions are authorized to give the Blue ID Card; in Turkey, it is the General Management of Civil Population and Citizenship, and the Head Office of Province Civil Population and Citizenship are authorized to give the card.

An exception was made in the law number 4817 for Turkish origin foreigners on account of work permit while those whose nationality is Turkish Republic of Northern Cyprus were counted outside of it. The reason for this is that the Turkish Republic of Northern Cyprus is accepted as an independent state. People who are from Turkish Republic of Northern Cyprus are in a special status from the standpoint of Turkish government. One of the latest regulations which determines this status is the treaty which was signed back in 1999 between the two countries. This special status for citizens of Turkish Republic of Northern Cyprus was resolved with this treaty and they were left out of the scope of the law number 2527. The present work permit procedure will be carried on until the legal regulations related to the special status arrangement of these people are completed. A work permit or residency permit exemptions are not envisioned in the treaty, but it is indicated that these people will be given 5 years utmost for work permit. Nationals of Turkish Republic of Northern Cyprus are exempted from work permit, while other Turkish origin people are only exempted from the application of criterias.

What does “Turkish Origin Foreigner” mean?

According to Turkish law, Turkish origin foreigners create a different circumstance among other foreigners. Neither in Law of Turkish Citizenship nor in the law of work permit for Turkish origin foreigners, the term “Turkish origin” is identified. Furthermore, how to determine the origins of Turkey is not legistlated. The decision will be finalised by the authorities after the official applications are given. The biggest difference of being a Turkish origin among all other foreigners is about the issue of work permit. Special provisions were held about the prohibited workspaces for foreigners with the law number 2527 which helps Turkish origin foreigners to apply for any profession and to accomplish their works of art with free will.

kaynak: http://calismaizni666.blogspot.com.tr

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Jeanne Brochard
Jeanne Brochard
12:44 27 Apr 21
I highly recommend them! I got my residence permit done in less than a month.Marta is nice and patient and guides you... through all the processes. She even got me a driver to get me from the immigration office to the tax office back and forth. It was all done in 3h (you have to wait in line tho, there is no other way). If you don't want to waste time trying to deal with your residence permit, it definitely worth using their service!read more
A ibn Z
A ibn Z
07:13 26 Apr 21
Hello there, very informative site.I have a question: My son will be 18 years next year, if I buy a property and get... the citizenship , can he study Medicine in Turkey free of charge as a Turkish citizen. If I am divorced do I need my ex wife's consent to get for all of my children Turkish citizenship? I am Australian.Also can you help with enrolment to an English Medium University? I heard he must learn Turkish to be able to study in Turkey.read more
moo Et
moo Et
07:38 06 Jan 21
Hello. Thank you for help and support and answering our questions. it is the second time that I ask a question because... I forgot the previous time. If someone want to apply for Short Term Resident Permit but the expiry date of Passport does not allow for one year, then is it possible to apply for shorter period like ten months and 120 days outside of Turkey rule still exist or not? Thank you againread more
Moh Eti
Moh Eti
06:38 06 Jan 21
Thank you very much for answering my first question. I forgot to ask the other question that I had. If my mother... passport does not allow her to apply for short term resident permit for a year because of expiry date of her passport can she apply for ten months instead of one year? I also heard that 120 days outside of country rule is not apply anymore.read more
Cobb Cobb
Cobb Cobb
07:20 27 Nov 20
Hi i have finally received my residence card yesterday.5 months from start to finish 🤔The problem l have now is my... surname on my card is spelt incorrect.How can l get this fixed? Will it cost me more money if so how much? Will l need to give them a new photo?I went to open a bank account and was told that my address isnot linked to my card. Why is that?How do l get my address linked to the card?Am l able to still do this while l sort out the surname mistake?I am from Australia would l be able to extend my 12 months visa if l am still here?If not, what would l need to do so l was able to extend?Your help is much appreciatedread more
Anum Omair
Anum Omair
11:53 13 Nov 20
Hello, We are planing to apply for residence permit in turkey by investing in property, I have a question that my... husband will be the principal applicant (owner of property ) stays in abroad for 6 months in an year as he is a business person and he has to look after his business but on the other hand we (wife and 2kids) will stay in turkey and follow the protocol to get citizenship in 5 years period.1. will my husband be able to apply for citizenship of all 4 of us as the main applicant? if not?2. will I and my kids will be eligible to get citizenship, if we are eligible, will I be able to apply for his citizenship based on my citizenship status?Or what do you suggest that we should done as the aim is to get the citizenship in 5 years period for the entire family.An expert opinion will be highly appreciatedThanksread more
Khurum Khan
Khurum Khan
13:27 09 Nov 20
I gained lots of knowledge with help of this web site it is very informative.I have some questions plz answer .1 -... What is the minimum house price to buy in order to get a residency permit?2 - we are a family of three me 46 year old my son aged 22 and daughter aged 19 . can we by one house or 3 houses to get property residency permit for all of us ?3 - How many month a person to stay in turkey per year for qualify a Turkish passport because my both adult children are studying medicine in Georgia .4 - How many years will the three of us have to wait to get citizenship?read more
Emad Babaei
Emad Babaei
12:18 23 Oct 20
HelloIm from Iran ( I have Iranian Passport ) but I live in Budapest. I would like to study in Turkey. Do I have to... get a student visa from Turkish embassy before going to Turkey or can I just go to Turkey and register at my course and then apply for Student residence permit ?May I also ask how long does it take to get an appointment at the immigration office and then how long does it take to receive the Student residence permit ?Thank you very much for your helpBest regardsread more
Tommy Ade
Tommy Ade
00:06 14 Oct 20
Hello,I am a Nigerian citizen, and I would like to apply for the tourist residence permit. I read that in Antalya the... residence permit is provided in a month or less sometimes.1. Is it possible to apply for the residence permit in Antalya and then move to Istanbul after receiving the residence permit?2. In that case, will my application be accepted if I have a rental contract for just 1 month as I plan on moving to Istanbul and rent another apartment there?3. During the time my application will be processing, can I open a bank account, deposit money in it, and make transactions?I would appreciate if you could shed some light on these matters.Warm regards,read more
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