Who does not have to apply for a work permit?
Under the 1951 Refugee Convention, foreigners who came to Turkey from a non-European country can have the following status: International Protection, Temporary Protection, Subsidiary Protection, Conditional Refugees, and Refugees.
If you are an asylum seeker coming from an European country and if you answer to the refugee description of the 1951 Convention, you can hold a Refugee status after the status determination procedures.
If you are a non-European asylum seeker, you can have a Subsidiary Protection status or Conditional Refugee status after the status determination procedures of the Directorate General of Migration Management (DGMM).
In Turkey, the Refugee status determination process is conductded by DGMM and United Nations High Commissioner for Refugees.
According to refugee law in Turkey, Refugees or Subsidiary Protection status holders may work dependently or independently of receiving their status and they do not need to apply for a work permit. Their ID card is accepted as a work permit but it is required to update the information on Refugees or Subsidiary Protection status holders, related to the province of employment, occupation, whether he/she works dependently or independently, to the Ministry of Interior by the Ministry.
International protection applicants and Conditional refugees status holders are obligated to obtain a work permit.
Therefore, if you are holding a International Protection or Conditional Refugee ID card you will need to apply for a work permit.
Syrians living in Turkey can have “Temporary Protection” status, which means they have “Temporary Protection or Foreigner Identity Card” and an ID number in Turkey.
According to the Turkish Temporary Protection Regulation temporary protection status shall be granted to foreigners who were forced to leave their countries and are unable to return to the countries; they left and arrived at or crossed Turkey borders in masses to seek urgent and temporary protection; and whose international protection requests cannot be taken under individual assessment.
Temporary protection status is given to foreigners who:
Temporary protection and international protection ID card holders have the right to work in Turkey. However, they are not permitted to work in Turkey without a valid work permit.
In Turkey, refugees have the right to have an ID and ID number. The process of obtaining an ID card starts with their registration.
The ID card is called “Temporary Protection Identity Card” and is provided by the Directorate General of Migration Management (DGMM). ID card shall be obtained in a city of choice except for big cities such as Ankara, Istanbul, and Izmir, as well as other cities as determined by the Migration Management.
Benefits of an ID card in Turkey:
Life in Turkey without an ID card:
ID cards given by PDMM should be held for at least six months before applying for a work permit. Therefore, refugees who are holding an ID card for less then 6 months, can’t be a subject for a work permit.
One of the conditions of the work permit is to live and work in the satellite city where the ID card was issued. Therefore, you can’t work in a different city than your satellite city but you can apply for a city change from PDMM which you have registered.
The number of workers, working under Temporary Protection in a workplace, cannot exceed ten percent of the Turkish citizens working in the same workplace. However, in workplaces that employ no Turkish citizen or have less than ten employees in total, a maximum of one foreigner under temporary protection can be granted a work permit.
Moreover, if within four weeks before applying for a work permit for the foreigner, the employer documents that no Turkish citizen of equal skillset could be found for the same position, the quota may not be implemented for the application, if determined by the Provincial Directorate in which the workplace is registered. The determination is made by the Ministry of Labor, Social Services and Family analyzing the employment lists by sector and province, for which the specific application is made.
If you are a foreigner under temporary protection and you are interested in working in education or in the health sector, you should first apply for an authorization from the relevant Ministries, before applying for a work permit.
The work permit is solely valid for the company or workplace who has applied for the work permit and you cannot work at another place other than the employer who applied for a work permit.
If there is more than one application for one employee, the Ministry of Labor, Social Services, and Family will reject the application.
a. The work permit application is made by your employer.
Exemption: you eligible to apply yourself for a Work Permit, if you want to set up your own business.
b. The application is made online via https://ecalismaizni.csgb.gov.tr/#/eizin with e-signature
c. A search is run after entering your identity number on the automation system, and the identification details are generated.
d. If, during the search, it cannot be determined on the Ministry of Internal Affairs records that the minimum temporary protection of six months has been completed, the system will generate an alert that the application cannot be processed.
e. In the case that, the province code of the employment/work address does not match the province code of the temporary protection and residence, the system will generate an alert that the application cannot be processed.
f. It is obligatory that the information regarding you and your employer is entered completely, and the employment contract between you and your employer, as well as a biometric photo of you, are scanned and uploaded on the system.
g. If it is found that you have a prior application already in process, the current application will not be processed.
h. It is sufficient to make the work permit application online via the automation system; no paper-based application needs to be sent to the Ministry.
i. If you work independently under your own name and account, with the condition that there is a tax identification number, you must obtain a work permit following the process of establishing the business. The trade registry gazette, and for the natural entity, traders, merchants, and craftsmen, relevant documentation demonstrating the activity of the workplace, e.g: chamber registration, should be scanned and uploaded on the automation system. The authorities will seek a valid working permit for you when the business license is granted.
The Ministry would reject work permit applications under any of the following situations:
a. If the number of employees under temporary protection within that workplace is more than ten percent of the Turkish citizen employees working in the same workplace.
b. If the application is made for jobs and professions that are restricted by special laws to be performed only by Turkish citizens.
c. If no prior permission is obtained from:
›The Ministry of Health, for members of the health profession
›The Ministry of Education or the Chairmanship of Higher Education Council, for members of the education profession
d. If the evaluation criteria cannot be meet
e. If the relevant authorities have a different opinion
You can apply for an exemption, if you are holding a valid temporary protection ID card and meet the conditions listed below:
If you are under temporary protection in Turkey;
Non-Syrians (refugees, conditional refugees and subsidiary protection status holders) have “International Protection” status and an “International Protection Identity Card” in Turkey. International Protection ID card holders have different procedures when it comes to refugee status determination however, work permit procedures are almost the same.
Conditions for obtaining the work permit:
In Turkey, refugees have the right to have an ID and ID number. The process of obtaining an ID starts from the registration.
Non-Syrians (Iraqis, Afghans, Iranians, Somalians etc.) have to register with Provincial Directorate of Migration Management (PDMM) at first. PDMM will provide them with an ID card called “International Protection Identity Card”.
Benefits of having an ID card in Turkey:
Living in Turkey without an ID card:
ID cards given by PDMM should be held for at least six months before applying for a work permit. Therefore, refugees who are holding an ID card under 6 months, can’t apply for a work permit.
One of the conditions of the work permit is to live and work in the satellite city where the ID card was issued. Therefore, you can’t work in a different city than your satellite city.
How can I apply for a work permit?
The method of the application is the same, which you have to apply to the Ministry of Labour, Social Services and Family with e-signature https://ecalismaizni.ailevecalisma.gov.tr/#/eizin.