Turkey Work Permit Problems for Foreigners
Turkey Work Permit Problems for Foreigners: Legal Risks, Applications and Immigration Consequences
Foreign nationals who intend to work in Turkey generally need to comply with the applicable Turkey work permit requirements before beginning employment.
Work permit problems can affect not only employment but also a foreign national's broader immigration status. In some cases, an unauthorised employment issue may later become relevant when the person leaves or attempts to re-enter Turkey through Istanbul Airport.
For this reason, foreigners working or planning to work in Turkey should understand the relationship between work permits, residence status and Turkish immigration procedures.
What Is a Turkey Work Permit?
A work permit is an official authorisation allowing a foreign national to work in Turkey under the conditions established by Turkish law.
The application generally involves both the foreign national and, depending on the procedure, the employer.
The exact requirements can vary according to:
- Type of employment;
- Employer;
- Profession;
- Foreign national's status;
- Sector; and
- Applicable legislation.
Can a Foreigner Work in Turkey Without a Work Permit?
Foreign nationals should not assume that having a visa or residence permit automatically gives them permission to work.
A residence permit and a work permit are different immigration documents.
If a foreign national performs employment without the required authorisation, administrative and immigration consequences may arise.
What Are the Consequences of Working Without a Permit?
Working without the required work authorisation can result in administrative consequences for the foreign national and potentially the employer.
Depending on the circumstances, the immigration consequences may include:
- Administrative fines;
- Problems with immigration status;
- Deportation-related procedures;
- Entry restrictions; or
- Other administrative measures.
The exact consequences depend on the facts and applicable legislation.
Can Illegal Employment Cause Deportation From Turkey?
Unauthorised employment can become relevant to a deportation procedure under circumstances established by Turkish immigration law.
If a foreign national receives a deportation decision related to employment, the decision should be reviewed carefully.
Important issues may include:
- Whether the person actually worked;
- Nature of the employment;
- Duration of employment;
- Work permit application history;
- Employer records; and
- Applicable legal grounds.
Can Working Without a Permit Cause a Tahdit Code?
An immigration restriction may arise following certain immigration violations.
If a foreign national is informed that a Tahdit code exists after an unauthorised employment issue, the exact code and legal basis should be identified.
A lawyer can review the relevant immigration records and determine what procedure may be available.
Can a Work Permit Problem Affect Entry to Turkey?
Yes, depending on the circumstances.
A foreign national who previously worked without authorisation or experienced an immigration sanction may encounter problems when attempting to return to Turkey.
If a problem is discovered at Istanbul Airport, the traveller should determine whether the issue concerns:
- Entry ban;
- Tahdit code;
- Previous deportation;
- Visa;
- Residence permit; or
- Another immigration restriction.
Can You Be Refused Entry Because of a Previous Work Permit Violation?
Depending on the circumstances, a previous immigration violation can affect future entry.
A foreign national should therefore investigate their immigration status before travelling if they previously received a fine, deportation decision or other immigration sanction.
What If Your Work Permit Application Is Rejected?
A work permit application can be rejected for different legal or administrative reasons.
Possible issues can include:
- Incomplete documents;
- Employer-related requirements;
- Qualification requirements;
- Application deficiencies;
- Incorrect information; or
- Other legal conditions.
The rejection decision should be examined to determine whether another application or legal procedure may be available.
Can a Work Permit Rejection Affect Your Residence Status?
Depending on the foreign national's immigration status, a work permit problem can create additional residence-related questions.
A foreign national should not assume that a work permit rejection automatically provides an unlimited right to remain in Turkey.
The person's residence permit, visa status and other immigration documents should be reviewed separately.
What If Your Work Permit Expires?
A foreign national should ensure that employment remains legally authorised after the work permit expires.
If renewal is required, the application should be made in accordance with the applicable rules.
Continuing to work without the necessary authorisation can create administrative and immigration consequences.
What If Your Employer Changes?
Changing employers can affect a foreign national's work permit situation.
A work permit may be connected with specific employment circumstances, and the foreign national should verify whether a new application or another procedure is required.
Do not assume that a work permit issued for one employer automatically authorises employment for another employer.
What If You Change Jobs Without Updating Your Work Permit?
Changing employment without complying with the applicable work-permit requirements can create problems.
The foreign national should examine:
- Existing work permit;
- New employer;
- Employment contract;
- Work permit application; and
- Applicable restrictions.
The legal requirements can differ depending on the type of work permit.
What If Your Employer Does Not Pay Your Salary?
A salary dispute is primarily an employment-law matter, but it can also become relevant to a foreign national's broader legal situation.
Important evidence may include:
- Employment contract;
- Bank records;
- Payroll documents;
- SGK records;
- Correspondence with the employer; and
- Other employment evidence.
Depending on the circumstances, the foreign national may need both employment-law and immigration-law assistance.
What If Your Employer Terminates Your Employment?
Termination can affect the foreign national's work authorisation and residence situation.
The foreign national should determine:
- Whether the work permit remains valid;
- Whether a new employer can apply for a new permit;
- Whether another residence status exists; and
- Whether a departure deadline applies.
Remaining in Turkey without valid immigration status can create additional problems.
Can a Work Permit Be Cancelled?
A work permit may cease to be valid or may be subject to cancellation under applicable circumstances.
The foreign national should obtain information about the reason and effective date.
If cancellation creates an immigration dispute, legal assistance may be appropriate.
What If You Are Working in Turkey With Only a Tourist Visa?
A tourist visa or visa exemption should not automatically be treated as a work authorisation.
Foreign nationals intending to work in Turkey should determine whether they require a work permit before starting employment.
Working without the required authorisation can create immigration consequences.
What If You Have a Residence Permit but No Work Permit?
A residence permit does not generally substitute for a required work permit.
A foreign national may have the right to reside in Turkey without having the right to perform employment.
The relevant residence and employment status should therefore be distinguished.
What If You Are Working Remotely for a Foreign Company?
Remote work can involve complex legal and tax considerations depending on the nature of the activity and where the work is physically performed.
Foreign nationals should obtain advice specific to their circumstances rather than assuming that working for a foreign company automatically removes Turkish employment or immigration requirements.
Can a Work Permit Problem Affect a Family Member's Residence?
The consequences depend on the type of family immigration status and the circumstances.
For example, where family members hold residence permits connected with the foreign national's status, a change in employment or immigration status may require additional assessment.
What If You Are Arrested or Stopped Because of Unauthorised Employment?
If the situation develops into a formal immigration procedure, determine whether the authorities have issued:
- Administrative fine;
- Deportation decision;
- Administrative detention decision;
- Entry restriction; or
- Tahdit code.
These are different legal measures and should be reviewed separately.
What Should You Do If You Are Stopped at Istanbul Airport?
If you experience an immigration problem at Istanbul Airport related to previous employment in Turkey:
- Ask for the reason for the intervention.
- Request relevant documents where possible.
- Determine whether an entry ban exists.
- Check whether a Tahdit code is involved.
- Preserve previous work-permit documents.
- Seek legal assistance if a formal immigration decision has been issued.
Can a Turkey Work Permit Lawyer Help?
A Turkey work permit lawyer can assist with immigration aspects of employment.
Depending on the case, legal services may include:
- Work permit applications;
- Work permit rejection;
- Work permit cancellation;
- Unauthorised employment cases;
- Deportation procedures;
- Entry-ban investigations;
- Tahdit code cases;
- Residence permit issues; and
- Immigration problems at Istanbul Airport.
Employment disputes may also require assistance from a lawyer specialising in Turkish labour law.
What Documents Should You Keep?
Foreign nationals should preserve copies of:
- Passport;
- Residence permit;
- Work permit;
- Employment contract;
- Work permit application;
- Employer correspondence;
- SGK documents;
- Salary records;
- Administrative decisions; and
- Previous immigration documents.
These records can be important if an employment problem later becomes an immigration issue.
Can a Previous Work Permit Violation Affect a Future Visa?
A previous immigration violation can become relevant to future visa or entry procedures.
The foreign national should investigate the immigration record before submitting another visa application if there has been:
- Unauthorised employment;
- Deportation;
- Entry ban;
- Administrative fine; or
- Tahdit code.
How Cosmos Legal Law Firm Can Assist With Work Permit Problems
Cosmos Legal law firm assists foreign nationals with Turkish work-permit and immigration matters.
Our services may include:
- Work permit applications;
- Work permit rejection;
- Work permit cancellation;
- Unauthorised employment cases;
- Deportation-related procedures;
- Entry-ban investigations;
- Tahdit code matters;
- Residence permit problems;
- Refusal-of-entry cases; and
- Istanbul Airport immigration procedures.
Where a case involves an employment dispute, our lawyers can also assess whether additional labour-law assistance may be required.
Frequently Asked Questions
Can foreigners work in Turkey without a work permit?
A foreign national generally needs the appropriate work authorisation before performing employment, subject to applicable legal exceptions.
Can working without a permit cause deportation?
Unauthorised employment can become relevant to deportation proceedings under circumstances established by Turkish law.
Can a work permit problem cause an entry ban?
Depending on the circumstances and any resulting immigration decision, future entry can be affected.
Can I work in Turkey with a residence permit?
A residence permit and work permit serve different legal purposes. A residence permit does not automatically provide work authorisation.
What happens if my work permit expires?
You should determine whether renewal or another work authorisation is required before continuing employment.
Can I change employers with a Turkish work permit?
The applicable requirements depend on the type of work permit and employment circumstances. A new employer may need to complete an appropriate procedure.
What if I discover a work-related immigration restriction at Istanbul Airport?
Ask for the exact reason, preserve the documents and determine whether an entry ban, Tahdit code, deportation decision or another immigration measure exists.
Can Cosmos Legal law firm help with Turkey work permit problems?
Yes. Cosmos Legal law firm assists foreign nationals with work permits, unauthorised employment, deportation, entry bans, Tahdit codes and other Turkish immigration matters.
