With the amendments published in the Official Gazette on October 15, numbered 32693, significant changes have been introduced to the Regulation on the Implementation of the International Labor Force Law concerning work permit exemptions in Türkiye. Under Article 48 of the regulation, the work permit exemption previously granted to foreign nationals contributing to economic, socio-cultural, technological, and educational fields in Türkiye, which was limited to six months, has now been extended to three years. This amendment provides foreign nationals working in strategic areas with more long-term and stable employment opportunities in Türkiye.
Furthermore, individuals covered under Article 46 (holders of humanitarian residence permits) and Article 91 (foreign nationals under temporary protection) of Law No. 6458 have become eligible for work permit exemptions, as determined by the Ministry of Interior in line with specific durations and scopes. The amendments made to Article 53 also simplify the work permit exemption procedures for individuals holding humanitarian residence permits and those under temporary protection. For these individuals, submitting an information form will suffice, speeding up the process. These changes are particularly aimed at expanding and facilitating the legal work opportunities of foreign nationals under temporary protection in Türkiye.
In addition, foreign press members arriving in Türkiye with a permanent press card, upon the approval of the Presidential Directorate of Communications, will be exempt from work permits for the duration of their duties. This regulation aims to ease procedures for foreign journalists working in Türkiye for extended periods.
Another significant change introduced in the regulation concerns work permit exemption applications made from within Türkiye. Previously, applications had to be submitted within thirty days from the foreign national’s entry into Türkiye. However, the new amendment removes this restriction, allowing foreign nationals to submit their applications during their legal stay in Türkiye, making the process more flexible and accessible.
Finally, article 53 includes an important new addition regarding reapplication waiting periods for work permit exemptions. While the existing regulation already stipulated a six-month waiting period for foreign nationals arriving for technical purposes such as the installation, maintenance, or repair of goods and services under Article 48(b) and (c), and a twelve-month waiting period for other types of exemptions, a new provision now specifies that applications for foreign nationals exempted under Article 48(ı) (tour operator representatives) will be evaluated based on the calendar year.
In summary, the regulation has been updated with the following changes:
- Extension of Work Permit Exemptions for Foreign Nationals Contributing to Economic, Socio-Cultural, Technological, and Educational Fields:
The work permit exemption previously limited to six months has now been extended to three years. - Work Permit Exemptions for Foreign Nationals with Humanitarian Residence Permits and Temporary Protection Status:
Application procedures have been simplified, requiring only the submission of an information form. - Work Permit Exemptions for Foreign Press Members:
Foreign journalists holding a permanent press card, with approval from the Presidential Directorate of Communications, will be exempt from work permits for the duration of their duties. - Flexibility in Work Permit Exemption Applications:
The requirement to submit work permit exemption applications within thirty days of entry into Turkey has been lifted. Applications can now be made anytime during the foreign national’s legal stay in Türkiye.
REGULATION ON AMENDMENTS TO THE IMPLEMENTATION OF THE INTERNATIONAL LABOR FORCE LAW
Official Gazette No. 32693, October 15, 2024
ARTICLE 1: The phrase “six months” in subparagraph (h) of the first paragraph of Article 48 of the Regulation on the Implementation of the International Labor Force Law, published in the Official Gazette dated 2/2/2022 and numbered 31738, has been amended to “three years.” The phrase “with a visa annotated for sports” in subparagraph (k) of the same paragraph has been removed, and the following subparagraphs have been added to the same paragraph:
“ş) Those within the scope of Articles 46 and 91 of Law No. 6458, reported through the system by the Ministry of Interior, within the scope and periods specified in the notification,
t) Foreign press members coming within the scope of a permanent press card, provided that there is a favorable opinion from the Directorate of Communications of the Presidency, during the term of their duties,”
ARTICLE 2: The third paragraph of Article 49 of the same Regulation has been amended as follows:
“(3) Applications for work permit exemption made from within the country shall be submitted during the period when the foreigner is legally present in Türkiye.”
ARTICLE 3: The first paragraph of Article 53 of the same Regulation has been amended as follows, and the following paragraphs have been added to the same article:
“(1) For foreigners granted a work permit exemption under subparagraphs (b) and (c) of the first paragraph of Article 48, no new application under the same exemption can be made unless six months have passed from the date the work permit exemption was issued. For other work permit exemptions, the period is twelve months, and for those granted exemption under subparagraph (ı), the calendar year applies.”
“(6) Those within the scope of subparagraph (ş) of the first paragraph of Article 48 are exempt from Articles 49, 50, and 51 and are evaluated within the scope and periods specified in the notification. For these individuals, only the work permit exemption information form is issued.
(7) Procedures and principles regarding the sixth paragraph shall be jointly determined by the Ministry and the Ministry of Interior.”
ARTICLE 4: This Regulation enters into force on the date of its publication.
ARTICLE 5: The provisions of this Regulation shall be executed by the Minister of Labor and Social Security.
Leave A Comment