Section I – Part 3 of the Regulation on the Implementation of the Law Regarding Work Permits for Foreigners specifies the rules regarding assessment of work permit applications.
Article 13 of the regulation, outlines the criteria for the assessment of work permit and work permit extension applications. Accordingly in its assessment, unless otherwise provided in intentional and multinational treaties that Turkey stands as a party, Ministry pays attention to the economic, geographic and sector-specific conjectural changes regarding to the employment, developments in business life and current situation in Turkish labor market exclusively for the applied job, performing on a certain work place and in certain occupation. However in the assessment of indefinite work permit applications, Ministry does not consider the developments in business life and current situation of labor market.
Furthermore, Ministry checks the records of Turkish Labor Institution (İş-Kur) to ensure whether the needed work force in the same quality can be obtained from domestic labor market within four weeks. Paragraph four of the article 13 of Regulation describes the aspects which the Ministry take into consideration during its assessment of justifying grounds for employment of foreigners instead of domestic employment. In assessing justifying grounds, Ministry considers several other factors such as; special nature of applied job, academic qualifications of foreigner applicant, employer’s contribution of national economy, pay level of the applied job and the state of employment in the work place. However, in line with a recent amendment on the regulation, the following categories of foreigners excluded from the paragraph four of the article 13. The categories mentioned in the regulation are; (i) Citizens of Turkish Republic of Northern Cyprus, (ii) Holders of residence permit within the framework of Turks and Related Communities (iii) Holders of residence permit based on humanitarian consideration, (iv) Holders of residence permit for the victims of human trafficking, (v) Foreigners who have Turkish citizen parents or Turkish citizen children and (vi) Holders of residence permit for stateless persons.
ASSESSMENT WITHIN THE SCOPE OF PROFESSIONAL SERVICES
In the assessment of work permit applications of those foreigners who are within the scope of professional services, a different procedure is followed. In the purpose of the regulation, professional services refer to the services requiring specialization, which may be presented by fulfilling the academical and professional efficiency requirements (These services are subject to national and international efficiency requests and License requests and procedures.)
Foreigners who will work within the scope of professional services are also required to complete series of assessment procedures related to their academic and professional qualifications. In their applications, foreigners who will work within the scope of professional services, required to provide equivalency certificate of their diplomas received at institutions of higher education abroad. The equivalency procedure is determined in accordance with articles 3 and 7 (p) of the law no: 2547 on Higher Education and implemented in pursuance to the Regulation on Governing Equivalency of Higher Education Diplomas Awarded Abroad. Furthermore, to authenticate their professional qualifications, the applicant foreigners are required to submit formal documents obtained within the last six months from national or international professional associations in which they are members. The documentation should certify that they are not debarred from the practice and currently practicing their profession.
Those legal persons that will employ foreign experts within the framework of engineering, architecture, constructor and consultancy services, beside other requirements, additionally required to provide copy of payroll slips in order to prove the employment of local engineer/architect/city planner in the same occupation.
In the evaluation of work permit applications within the scope of professional services, Ministry seeks additional advice from relevant authorities. In the work permit applications of foreign experts within the framework of engineering, architecture, constructor and consultancy services, Ministry request the opinions of Union of Chambers of Turkish Engineers & Architects and The Ministry of Environment and City Planning.
Relevant authorities may ask for additional documents within 5 days and render their opinions within 15 days. In the case of necessity, relevant authorities may ask an additional 15 days to render their opinions. Any opinion not rendered in due time is acknowledged by the Ministry as the opinion in favor.
Once work permit is granted, Engineers, Architects and City-planners are also required to start temporary membership applications in the TMMOB – UCTEA (Union of Chambers of Turkish Engineers & Architects) within one month period.
Notwithstanding with the long procedural requirements of applications filled within scope of professional services, recent amendment in the law on work permits of foreigners has introduced a new concept; preliminary permit. Precisely, in order to avert negative effects of long bureaucratic procedures on the performances of businesses and to prevent work permit related interruptions in the ongoing national or international projects, preliminary permit might be granted for foreigners who will work within the scope of professional services. A preliminary permit might be issued until finalization of procedures related to academic and professional qualifications and cannot exceed 12 months.