The work permit evaluation criteria, applied under the Additional Article of the Regulation on the Implementation of the International Workforce Law, have been updated in accordance with Article 22 of the same regulation. These new evaluation criteria took effect on October 1, 2024, [1]and include several significant changes to the employment, financial competence, and salary requirements for foreigners seeking work permits in Türkiye.
One of the primary changes is related to the employment criterion. Previously, at least five Turkish citizens had to be employed for every foreign employee, and in cases where the foreigner was a company partner, the requirement applied during the final six months of a one-year work permit. In the updated criteria, the requirement for employing at least five Turkish citizens remains, but there are expanded sector-specific exemptions, such as for the IT, high-tech, and tourism industries. A notable new provision is that for workplaces with a net sales amount of 50,000,000 Turkish Lira or more in the last year, the employment criterion will not be applied for up to five foreign employees, making it easier for large businesses to bring in foreign talent. Additionally, for workplaces employing multiple foreigners, the updated criteria emphasize that the employment requirement of five Turkish citizens must be fulfilled for each additional foreign employee beyond the first.
The financial competence requirements have also been significantly revised. Previously, businesses were required to have a paid-in capital of at least 100,000 TL, annual gross sales of 800,000 TL, or an export value of at least 250,000 USD. The updated version has increased these thresholds for some cases. For newly established businesses, the paid-in capital must now be at least 500,000 TL. Existing businesses have the option of meeting other criteria, such as net sales of at least 8,000,000 TL or exports of at least 150,000 USD. These changes reflect updated economic realities and a push for higher financial standards for companies employing foreign workers.
Another key update involves salary requirements. In the earlier criteria, salaries were determined based on multiples of the minimum wage, such as 6.5 times the minimum wage for senior executives and pilots. In the updated criteria, these multiples have been revised, with, for example, senior executives and pilots now being required to be paid at least five times the minimum wage. The minimum salary for household workers was previously set at 1.5 times the minimum wage but has now been reduced to the minimum wage itself, potentially making it easier to hire foreigners for domestic services.
Sector-specific exemptions have also been updated. Previously, the criteria were waived for foreign employees in certain areas such as associations, foundations, and foreign airlines’ representative offices. The updated version maintains some of these exemptions but adds more detailed sector-specific rules, particularly in the IT, healthcare, and tourism sectors. For example, the tourism sector now has clearly defined employment criteria exemptions for positions like masseurs and SPA therapists, provided the business is certified by the Ministry of Culture and Tourism.
The criteria for foreign partners in businesses have also evolved. Previously, a foreign company partner was required to hold a capital share of at least 40,000 TL and have a minimum 20% partnership. The updated version raises these requirements significantly, requiring the paid-in capital of the business to be at least 500,000 TL, and the foreign partner’s capital amount must match this. Additionally, exemptions apply for foreign partners with a capital share of at least 100,000 USD, indicating a move towards incentivizing higher-level investments.
Additionally, the list of foreigners exempt from evaluation criteria has remained largely consistent, but the emphasis on compliance has been enhanced. Both versions exempt foreigners with close family ties to Turkish citizens, long-term residents, and those granted residence on humanitarian grounds. However, the updated criteria clearly state that these exemptions do not automatically guarantee the granting of a work permit, indicating a more controlled approach to the issuance of work permits.
The updated criteria also specifically address voluntary activities and transition provisions. Under the new criteria, work permit applications made solely for voluntary activities will be evaluated negatively, whereas the earlier criteria did not make any explicit mention of this. Furthermore, the updated criteria set out transitional financial competence requirements applicable until January 1, 2025, allowing for a lower paid-in capital threshold of 100,000 TL and a lower requirement for foreign partners, thereby facilitating a smoother adjustment to the updated standards.
The revised evaluation criteria also bring greater specificity to sector-specific evaluations, particularly for high-tech sectors and public projects. Previously, high-tech roles were broadly exempted when a similarly qualified Turkish expert was not available. The updated criteria, however, require specific approval from the Directorate General and additional documentation, indicating a more stringent process for claiming such exemptions.
Overall, the significant changes in the updated work permit evaluation criteria reflect a move toward increased financial thresholds, sector-specific differentiation, and stricter enforcement of criteria. The focus on aligning the employment and salary standards with Türkiye’s evolving economic landscape, while also facilitating the entry of foreign investors and specialists in key sectors, marks a shift towards fostering economic development while maintaining control over the labour market.
Below, find the full unofficial translation of the new criteria.
[1] Ministry of Labor and Social Security. (2024). Çalışma İzni Değerlendirme Kriterleri. Retrieved from https://www.csgb.gov.tr/uigm/calisma-izni/calisma-izni-degerlendirme-kriterleri/.
A. GENERAL EVALUATION CRITERIA
- Employment Criterion
1.1. In workplaces subject to the balance sheet basis, for each foreigner for whom a work permit application is made, at least five Turkish citizens must be employed at the workplace where the foreigner will work.
1.2. For workplaces with a net sales amount of 50,000,000 Turkish Lira or more in the last year, the employment criterion will not be applied for up to five foreign employees. - Financial Competence Criterion
2.1. For newly established workplaces subject to the balance sheet basis (established in the current year and have not yet prepared a year-end balance sheet and annual income statement), the paid-in capital must be at least 500,000 TL for a work permit application for a foreigner.
2.2. In workplaces subject to the balance sheet basis and operating for more than one year (having prepared at least one year-end balance sheet and annual income statement), the paid-in capital must be at least 500,000 TL, or net sales must be at least 8,000,000 TL, or exports must be at least 150,000 USD for a work permit application for a foreigner.
2.3. For work permit applications made by joint ventures established by workplaces subject to the balance sheet basis, at least one of the partners must have a paid-in capital of at least 500,000 TL, or net sales of at least 8,000,000 TL, or exports of at least 150,000 USD. - Salary Criterion
3.1. The salary to be paid to the foreigner, based on the gross minimum wage in effect on the date of the work permit application, must be:
a) At least five times the minimum wage for senior executives and pilots,
b) At least four times the minimum wage for engineers and architects,
c) At least three times the minimum wage for other managers,
d) At least twice the minimum wage for those working in jobs requiring expertise and craftsmanship,
e) Not less than the minimum wage for foreigners working in domestic services and other professions/jobs. - Exceptions to Employment and Financial Competence Criteria
4.1. For foreigners who have legally resided in Türkiye (excluding student residency) for at least three years within the last five years, employment and financial competence criteria are not applied for up to three foreigners within the scope of their domestic work permit applications.
4.2. The number of foreigners with work permits employed in workplaces covered by the first paragraph must not exceed the number of Turkish citizens employed at the same workplace.
4.3. If more than three foreigners who meet the requirements of the first paragraph are employed in the same workplace, employment and financial competence criteria must be met separately for each foreigner beyond the third.
SECTOR, PROFESSION, OR JOB-SPECIFIC EVALUATION CRITERIA
- Information Technology Sector
1.1. In workplaces operating in the information technology sector, employment and financial competence criteria are not applied for specialized jobs, such as software development, database management, mobile software, system network, security, and enterprise architecture.
1.2. In workplaces operating outside the IT sector, employment and financial competence criteria are not applied for work permit applications for up to two foreigners in the specified specialized jobs. - Education Sector
2.1. For work permit applications for foreigners to work in positions that require professional competence in educational institutions, prior permission must be obtained from the Ministry of National Education or the Council of Higher Education.
2.2. The evaluation criteria do not apply to work permit applications for foreign academic staff who have received prior permission from the Council of Higher Education under the provisions of Article 8, paragraphs 3 and 4 of Law No. 6735 on International Workforce.
2.3. Employment and financial competence criteria are not applied to work permit applications for foreigners who will work in educational institutions and international schools in jobs that require prior permission under Article 29 of the Regulation of the Ministry of National Education on Private Educational Institutions. - Domestic Services Sector
3.1. In the domestic services sector, it is essential to employ foreigners for childcare, elderly, disabled care, and patient companionship.
3.2. In domestic services:
a) For childcare:
– The mother or father of the child if they are married,
– The parent who has custody if the parents are divorced,
– The adoptive parent,
– The guardian if the child is under guardianship,
– The foster parent within the scope of foster care,
– The mother or officially recognized father for a child born outside of marriage,
b) For elderly, disabled, or patient care:
– The elderly, disabled, or patient themselves,
– First or second-degree relatives of the elderly, disabled, or patient,
– The guardian if the elderly, disabled, or patient is under guardianship,
can apply for a work permit.
3.3. When evaluating work permit applications:
a) The health status and age of the person receiving care,
b) The education, professional experience, Turkish language proficiency, residency or work history in Türkiye, marital status, and age of the caregiver,
c) Other factors indicating the specific nature of the job,
d) The employer’s socio-economic status, assets, and regular monthly income, are taken into consideration.
3.4. The person receiving care or companionship in domestic services must have sufficient regular income, documented by relevant institutions and organizations, unless second-degree blood relatives or in-laws provide assistance. If no such relatives are available, other family members willing to provide support must present a notarized declaration of support and documents from relevant institutions proving adequate income.
3.5. In cases where a foreigner works in domestic services based on an overseas application, a domestic work permit application within six months to work with another employer will generally be evaluated negatively, except in force majeure cases. - Aviation Sector
4.1. The employment and financial competence criteria are not applied in the evaluation of work permit applications made on behalf of foreigners working as senior executives or in specialized positions at the Turkish representative offices of foreign flag carrier airlines. - High-Technology Sectors
5.1. In cases of qualified investments that are committed to making a significant contribution to the country’s economy or creating a high number of jobs, or when there is a need for qualified labor due to the lack of a similarly qualified Turkish citizen for jobs requiring advanced technology, the general evaluation criteria may be partially or fully waived with the approval of the Directorate General.
5.2. For work permit applications made on behalf of foreigners who will work as R&D, innovation, or design personnel in companies with an R&D center certificate or a design center certificate under Law No. 5746 on Supporting Research, Development, and Design Activities, or within technology development zones under Law No. 4691, the positive opinion of the Ministry of Industry and Technology is required. Employment and financial competence criteria are not applied in the evaluation of such applications. - Public Projects
6.1. Employment and financial competence criteria are not applied to the evaluation of work permit applications for foreigners working in projects implemented in Türkiye, which are covered by provisions of bilateral or multilateral agreements that Türkiye is a party to.
6.2. Employment and financial competence criteria are not applied in the evaluation of work permit applications for foreigners employed by companies contracted by public institutions or organizations for goods and services procurement or in similar capacities, including all subcontractors. - Health Sector
7.1. For work permit applications made on behalf of foreigners working in professions and duties requiring professional competence in healthcare institutions, prior permission must be obtained from the Ministry of Health.
7.2. Employment, salary, and financial competence criteria are not applied in the evaluation of work permit applications for foreigners working in professional positions in public healthcare institutions. - Tourism Sector
8.1. In workplaces operating in the tourism sector, for work permit applications for foreigners to be employed in jobs requiring expertise and craftsmanship:
a) Tourism establishments certified by the Ministry of Culture and Tourism,
b) Restaurants operating under contract within certified tourism establishments at the same address,
c) Tourism-animation organization companies operating under contract with certified tourism establishments,
d) Hammams, saunas, and similar facilities operating under contract within certified tourism establishments,
e) Hammams and saunas contracted with travel agencies that hold an operation certificate,
f) Thermal hotels with a license obtained from official authorities,
The employment criterion is not applied if at least ten Turkish citizens are employed.
8.2. Regarding jobs requiring expertise and craftsmanship mentioned in the first paragraph, for work permit applications made on behalf of foreigners working as masseurs, masseuses, SPA therapists, and similar positions:
a) The workplace must be a tourism establishment certified by the Ministry of Culture and Tourism with a massage parlor, or a thermal hotel with a license obtained from official authorities,
b) The massage parlor must operate under contract within a tourism establishment certified by the Ministry of Culture and Tourism at the same address,
c) The facility must be a hammam or sauna contracted with a certified travel agency,
d) The facility must be a sports center licensed by official authorities and employing at least twenty Turkish citizens,
Work permit applications for foreigners who will work as masseurs, masseuses, SPA therapists, and in similar roles in workplaces other than those mentioned in items (a), (b), (c), and (d) will be evaluated negatively.
8.3. For determining the maximum number of foreigners allowed to work in the workplace under the first and second paragraphs, the financial competence and physical capacity of the workplace will be considered.
8.4. For work permit applications made on behalf of foreigners working in small businesses (e.g., hairdressers, jewelers, leather, carpet, textile sales, etc.) operating under contract within certified tourism establishments, the employment and financial competence criteria will not apply for up to two foreigners.
8.5. For work permit applications made on behalf of foreigners working in travel agencies certified by the Ministry of Culture and Tourism, engaged in health tourism activities and authorized by the Ministry of Health, the employment and financial competence criteria will not apply for up to five foreigners. - Foreign Students
9.1. Foreign students enrolled in associate degree and undergraduate programs at a higher education institution in Türkiye may work part-time after completing their first year of study.
9.2. The limitations specified in the first paragraph do not apply to work permit applications for postgraduate students enrolled in regular education programs.
9.3. Whether the foreigner applying for a work permit is a student is determined based on the records of the Council of Higher Education.
9.4. Work permit applications for foreign students to work in the entertainment sector or domestic services, in jobs inappropriate to their status, will be evaluated negatively.
9.5. In evaluating work permit applications made on behalf of associate and undergraduate-level foreign students under the first paragraph, considerations such as the province where the foreign student is studying are taken into account.
9.6. In evaluating work permit applications made on behalf of foreign students studying at higher education institutions within the scope of the Türkiye Scholarships Program, the opinion of the Presidency for Turks Abroad and Related Communities is required.
9.7. For work permit applications made on behalf of foreign students benefiting from the YÖK Scholarship Program, both during their studies and after graduation, the opinion of the Council of Higher Education must be obtained. - Situations Where General Evaluation Criteria Will Apply
10.1. In cases where there are no specific provisions in the evaluation criteria for sectors in Section B (Sector, Profession, or Job-Specific Evaluation Criteria), the general evaluation criteria will apply. - Application of Criterion Exemptions Based on Sector, Profession, or Job
11.1. Work permit applications made domestically for foreigners who have been issued a permit within the scope of the criterion exemptions specified in Section B (Sector, Profession, or Job-Specific Evaluation Criteria) to work in a different sector, profession, or job not specified in Section B within six months from the permit’s start date will be evaluated negatively, except in cases of force majeure.
C. EVALUATION CRITERIA FOR FOREIGN PARTNERS OF COMPANIES
- Financial Competence and Employment Criteria for Foreign Partners of Companies
1.1. In workplaces subject to the balance sheet basis:
a) For the evaluation of work permit applications made on behalf of a foreigner opening a new business or becoming a partner in an existing business, the paid-in capital of the business in which the foreigner is a partner must be at least 500,000 TL, with the foreigner’s capital amount being at least 500,000 TL and the partnership share being at least 20%.
b) For the evaluation of work permit applications made on behalf of a foreigner opening a new business or becoming a partner in an existing business, at least five Turkish citizens must be employed in the workplace. The initial work permit for the foreign company partner or business owner will be issued with a condition regarding the employment of at least five Turkish citizens. From the beginning of the seventh month of the initial work permit, it is essential to employ at least five Turkish citizens each month at the workplace.
1.2. The criteria set out in subparagraphs (a) and (b) of the first paragraph do not apply to work permit applications made on behalf of foreign partners with a capital share of 100,000 USD or more.
D. FOREIGNERS EXEMPT FROM EVALUATION CRITERIA
- Foreigners Exempt from Evaluation Criteria
1.1. The employment, financial competence, and salary criteria are not applied to the evaluation of work permit applications made on behalf of the following foreigners:
a) Foreigners whose mother, father, or child is a Turkish citizen.
b) Foreigners who have been granted a humanitarian residence permit.
c) Foreigners who have been granted a residence permit as victims of human trafficking or have benefited from a victim support program under the Regulation on Combating Human Trafficking and the Protection of Victims.
ç) Foreigners with a Stateless Person Identity Document.
d) Foreigners who have been granted a long-term residence permit.
e) Foreigners who have been in a marital union with a Turkish citizen for at least three years.
f) Foreigners who have resided in Türkiye for at least eight years with a work permit, short-term residence permit, family residence permit, long-term residence permit, humanitarian residence permit, or human trafficking victim residence permit.
g) Foreigners of Turkish descent who will work in professions or jobs other than those reserved for Turkish citizens, as notified by the Ministry of Interior or Ministry of Foreign Affairs, or deemed appropriate by the Directorate General within the scope of international workforce policy.
ğ) Citizens of the Turkish Republic of Northern Cyprus (TRNC).
1.2. Foreigners within the scope of the first paragraph must prove their situation with documents obtained from public institutions and organizations.
1.3. The fact that a foreigner is within the scope of the first paragraph does not grant an absolute right to a work permit.
E. OTHER MATTERS
- Voluntary Activities
1.1. Work permit applications made solely for the purpose of carrying out voluntary activities that do not qualify as work will be evaluated negatively. - Transitional Provisions
2.1. For extension applications of work permits issued before the date on which the Evaluation Criteria entered into force, the evaluation of the work permit may be applied differently within the scope of international workforce policy by the Directorate General. In extension applications, the financial competence criterion that was valid at the time of the initial application will be used for evaluation. - Entry into Force
3.1. Except for the paid-in capital and net sales thresholds in Article 2 of Section A titled “Financial Competence Criteria” and the capital amount threshold in the first paragraph of Article 1 of Section C titled “Financial Competence and Employment Criteria for Foreign Partners of Companies,” the criteria set forth in this regulation will come into force on 01/10/2024.
3.2. The implementation of the paid-in capital and net sales thresholds in Article 2 of Section A titled “Financial Competence Criteria” and the capital amount threshold in the first paragraph of Article 1 of Section C titled “Financial Competence and Employment Criteria for Foreign Partners of Companies” will enter into force on 01/01/2025.
3.3. Until 01/01/2025, for work permit applications:
a) The paid-in capital of the workplace must be at least 100,000 TL, or gross sales must be at least 800,000 TL, or the export amount in the last year must be at least 150,000 USD,
b) The capital amount of the foreign partner must be at least 40,000 TL, which will be considered sufficient in terms of financial competence criteria.
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