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Apostille and Related Issues -08 August 2008
 

Apostille and Related Issues -08 August 2008

Apostille is a system of document approval which provides a document‘s usage legally in another country by verifying its reality. The rules of Apostille have been established by Lahey Convention dated 6th October 1961. They are valid only among member countries of Lahey Conference and contracting countries.

With this system of document approval, a local authority, ministry or an institution alike which was assigned by a relevant member or contracting state legalize a document by verifying its reality for its usage in another member or contracting country within the framework of rules which were determined by Lahey Convention dated 6th October 1961. A document which gets apostille approval is accepted as a valid document in all member and contracting countries of Lahey Conference.

Components of an Apostille Document:

The main title in Apostilles must be written in French as ‘’Apostille (Convention de La Haye du 5 Octobre 1961)” . An apostille document is consists of the following elements;

--Name of the country where the document is being issued,
--Name of the person who signed the document

- Title of the person who signed the document

-Name of the authority which the seal belong to

-The place of the attestation

-Date of the attestation

-The authority regulated the Apostille


-Apostille number


--The stamp or the seal of the authority regulated the Apostille
--Signature of the officer regulated the Apostille

“Lahey Convention dated 5th October 1961 Regarding the Abolition of Foreign Official Documents’ Approval Obligation” has come into operation in 29th September 1985 for our country by being published in official gazette no.18517 and dated 16th September 1984. In the first clause of the convention, it has been prescribed that Apostille would be applied to official documents which has been drawn up in one of contracting countries and would be used in another contracting country. It has been aimed that the citizens of signatory countries use directly the documents at issue which has been drawn up in their own countries in other signatory countries, that excessive burden of process could be reduced by this way and that convenience and swiftness could be provided. In the respective convention, it has been stated that the documents below are accepted as official in terms of the convention’s aims:

A) Official documents which Apostille Clause will be put:

a)The documents which were arranged by the office that is related to government‘s judicial organ or court,or by the officer,including the ones that were given by the prosecutor,clerk of the court or judicial officer,

b) Administrative documents,
c) Notary public papers,
d)
The official declarations like the record of the document or its existance in a specific date,and the affirmance of the  correction of the signatures by official authority and notary, are signed by people personally and put on it.

 

B) Documents which contract cannot be applied according to the same clause, in other words, which Apostille authorization cannot be done:

a) Documents that have been drawn up by diplomatic or consular officials,

b) Official documents that are directly related to commercial or customs transactions.



3) According to the sixth clause of the contract it is necessary to ‘’Determine the specified authorities as to give Apostille Clause to Each Covenant Government , and to inform the Foreign Ministry of the Netherlands about circumstances in case of any alterations

 

4) In the ninth clause of the convention, it has been said that “every contracting country will take necessary measures in order to provide confirmation’s not being done by its own diplomacy and consulate officers in case that confirmation exemption is envisioned in the framework of this agreement” and it has been also stated that another confirmation is not needed if Apostille has been applied to a document.

5) Respective contract, up-to-date list of countries which has accession to the convention and information about which authorities have entitled to give Apostille in each country could be found in "http://www.hcch.nct/e/status/index.html"

 

Danish Citizens’ Buying Property in Turkey – 2nd September 2008

Danish citizens’ buying property in Turkey has been primarily made conditional on their having a “residence permit”. For residence permit, it is required to apply to the respective district governorship with a petition.

 

In the petition, the reason why residence permit is demanded should be clearly stated and also an address should be showed. This address will be used in police questioning that will be done in next phases. The existence of a rental agreement is not asked during application. In fact, showing an address in the petition does not practically benefit; because foreigners usually return to their countries after application. There are different views on how showing an address in the petition affects application. While the police say that it does not affect application negatively, officers of district governorship think the exact opposite.

 

After district governorship puts an annotation on application petition, the applicant should transmit it to Foreigners Section. The police will send it to the nearest Foreigners’ Registration Department after registering it.

 

As for the documents which have to be given to the police with the petition:

-          Eight passport photos of the applicant

-          Photocopies of passport’s photo page and the page with the seal of entrance to Turkey

-          Bank records that show the applicant’s financial situation and income, photocopies of credit cards and photocopies of documents like exchange receipt.

 

The duty of the police here is to send the stated documents to Foreigners’ Registration Department. Later, the police will give the related directorate’s phone number to the applicant for getting an appointment. After the appointment, residence permit is generally obtained within a week if it is accepted. However, this period could change between a week and 90 days depending on intensity.

After procedures in Foreigners Section, this process could be completed faster on condition that the applicant transmits documents to Foreigners’ Registration Department himself. Danish citizens should make this application at least a week before expire date of their visa. Because Denmark is a member of European Union, it is possible for them to get a residence permit for five years.

 

 

Taxation of Earnings Obtained from Sales of Real Property – 23rd August 2008

-Taxation of Earnings Obtained by Real Persons:

Provided that they are not obtained within a commercial organization and they are not on an on-going basis, earnings obtained from sales of real properties are taxed as capital gains.

For the taxation of earnings obtained from sale of real property as capital gain;

-          Real properties having been obtained before 1st January 2007 should be sold out within 4 years and real properties having been obtained after 1st January 2007 should be sold out within 5 years.

-          Earnings having been obtained should excess exceptional amount which has been defined for the year in which they are obtained.

 

In that case, increase rate of earning having been obtained on condition that real properties which were acquired before 1st January 2007 have been sold out after 4 years and real properties which were acquired after this date have been sold out after 5 years is not calculated, a declaration is not submitted for these earnings and also tax payment is not in question. If earning having been obtained does not exceed exceptional amount which has been defined for the year of the sale, a declaration is not submitted.

 

Calculation of four and five year period:

 

-          Acquisition day of purchasing is registry date to the title.

-          Real properties which were assigned to cooperative societies are considered as acquired in the date of assignment (for exa. in drawing).

-          For built real properties, the date in which occupancy permit has been obtained is valid.

-          For the ones who buy a flat in exchange for land, the date in which the construction is completed and occupancy permit is obtained is essential.

-          In compulsory execution and purchasing with elimination of joint ownership, acquisition is made with the completion of official transactions before land registration.

-          Acquisition day of real properties which begin to be used by being received with preliminary sales contract is the date in which right of disposition is given to the obligant before land registration.

-          Calculation of capital gain:

-          In reaching to net profit during the taxation of obtained earning, cost price of goods and rights which have been sold out and expenses, taxes and charges which the seller takes over are discounted from the money which is taken because of selling out and from any kind of profit which could be represented in kind or with money.

-          Acquisition cost in selling out of goods and rights is confirmed by raising it in the PPI (Producer Price Index) rate of increase which is determined by SSI (State Statistics Institute) except for the month in which goods and rights have been sold out. However, the rate of increase should be ten percent or more in order that the indexation could be done.

 

 

 

 

Accordingly, when calculating the return on sales:

 

q       Purchase price of the real estate is upgraded at the rate of UFE in accordance with the duration that real estate is possessed.

 

q       Costs according to sale with upgraded (indexed) cost value are extracted from the sale cost.  

 

q       Exemption amount which is determined for the relevant year is applied to the resulting profit. (For 2008, value increment appreciation is 6.800.YTL)

 

q       The amount remained after deduction of the exception will be depending on income tax. Income tax is declared by income tax declaration.  

 

q       Income Tax is calculated according to ‘’Income Tax Schedule’’.

 

INCOME TAX TARIFF.

(G.V.K. CLAUSE:103)

 

 

2008 CALENDAR YEAR (G.V.K. CLAUSE:103) INCOME TAX TARIFF
 (FEE REVENUE IS INCLUDED)

Up to 7.800 New Turkish Lira

% 15

For 7.800 New Turkish Lira of 19.800 Lira : 1.170 YTL, for more

% 20

For 19.800 Lira of 44.700 New Turkish Lira : 3.570 YTL, for more

% 27

44.700 Lira more than 44.700 New Turkish Lira: 10.293 YTL, for more

% 35

 

 

 

Taxation of the Earnings Gained by the Company  

 

In case of the real estate sales were done in the form of a trading organization and continuity of supply,the earnings are taxed as a trading income.

 

 

On the other hand;

 

q       Being recorded in the asset of the company at least two years (real estate)

q       Being corporate taxpayer (the company)

 

q       Not dealing with real estate trade

 

q       Making real estate’s handover by sale

 

q       Showing the gain arouse from the sale in a fund account for a period of 5 year or adding it to the capital

 

 

when the conditions above are happened together, companies pay Corporate Tax up to five percent of the gain of the sale. VAT of this gain is never being paid.

 

* Institution corporate entity who engaged with the immovable trade, exemption (by being remained) is applied except for commercially purpose activity of the immovable’s. (Sale of the company central administration building, etc.)

 

 

Residential and Work Permit -04 September 2008

 

Residential Permit:

 

In order to get residential permit, one should apply to the concerned District Governorship by an application form.  

 

In the application form, the reason why residence permit is demanded should be clearly stated and also an address should be showed. This address will be used in police questioning that will be done in next phases. The existence of a rental agreement is not asked during application. In fact, showing an address in the petition does not practically benefit; because foreigners usually return to their countries after application. There are different views on how showing an address in the petition affects application. While the police say that it does not affect application negatively, officers of district governorship think the exact opposite.

 

After district governorship puts an annotation on application petition, the applicant should transmit it to Foreigners Section. The police will send it to the nearest Foreigners’ Registration Department after registering it.

 

As for the documents which have to be given to the police with the petition:

-          Eight passport photos of the applicant

-          Photocopies of passport’s photo page and the page with the seal of entrance to Turkey

-          Bank records that show the applicant’s financial situation and income, photocopies of credit cards and photocopies of documents like exchange receipt.

 

The duty of the police here is to send the stated documents to Foreigners’ Registration Department. Later, the police will give the related directorate’s phone number to the applicant for getting an appointment. After the appointment, residence permit is generally obtained within a week if it is accepted. However, this period could change between a week and 90 days depending on intensity.

 

After procedures in Foreigners Section, this process could be completed faster on condition that the applicant transmits documents to Foreigners’ Registration Department himself.

 

It is possible for European Union member country citizens to get 5-year ‘’Residential Permit’’.

Cost List: (Amounts may vary)

*1-year Residential Permit Fee.........456,40 YTL

*Single Entry Visa Fee....................152,40 YTL

*Inventory Fee..............................70,00 YTL

The above mentioned fees should be paid to the Tax Office. Foreigner should be applying in person for Work Permit. Representation by a Proxy is not possible.

 

Work Permit:

Getting a work permit is more time and cost consuming than getting a residential permit due to applications which are applied to Ministry of Labour and Social Security in Ankara and ‘’Work Request’’ requirement for employer to perform on a person who want work permit. Application is done by an application form and necessary documents which have to be added to this application form may vary according to the qualification of the Work Permit request. In addition, also a ‘’Resume’’ should be sent to the ministry on behalf of the applicant.

 

Site Management -03 September 2008

 

I would like to briefly cast some light on Monthly Membership (contribution)
Fee and Site Management issues by providing my legal assessment in
accordance with the relevant Codes.

a-SITE MANAGEMENT:

During the course of establishment of the Temporary Construction Servitudes A Site Management Plan will be drafted and presented to the Title Deed Office by the Project Owner (real-estate owner). Rules on how to govern the site will be determined in this plan. This plan must be strictly complied with the present Construction Servitude Code because of the article stipulated in the Constitution which is ‘All regulations and rules has to be in accordance with the Law’. Pursuant to Construction Servitude Code and Site Management Plan ‘Committee of Real-Estate Owners’ would be formed by the owners. This Committee would appoint a Manager or Management Board or Managers and Assistants depending on how large the site may be. The Manager may be Interim. Temporarily managing the site by the developer until properties are delivered to their owners is a common place in Turkey.

b-MONTHLY SITE CONTRIBUTION FEE (SHARING COMMON EXPENSES):

As manifested, a site will be composed of more than one property therefore should be living in harmony. In this respect, there are common areas and services to be benefited by the site residences such as illumination system, common swimming pool, maintenance of the parks, keeping the site tidy and clean, security and routine management and personnel expenses. Therefore every single property owner should proportionately contribute to these common expenses. This is called as ‘Monthly Site Contribution Fee (Sharing common expenses, in other words, maintenance expenses of the site). As being consistent with the Code, every property owner, who obtained their title deeds registered under their names, is liable for contributing to these expenses whether they benefit common areas and services or not. On the other hand, the owners who were delivered the key to the property and began to utilize their property or placed their belongings in the property before obtaining the title deed are also liable for paying this monthly fee as of actual delivery date (as of the day they started to use the property).


CONCLUSION AND ASSESSMENT:

The reasons that steer me to draft this article is to provide some discernment over the management and common expenses issues to the interested persons who may not be familiar with and may be seeking some advice on this topic. In accordance with my assessment above, if you either have your title deed registered under your name or you already started to utilize your property or placed your belongings in before obtaining the title deed, you are liable to contribute to common expenses as of the registration date of the title deed under your name or as of the actual delivery date of your property. In both cases, property owners should proportionately contribute to these common expenses or should pay in accordance with the budget which was determined beforehand if applicable..

Right to Work of Foreigners in Turkey within the Scope of Freedom of Residence and Travel – 15th May 2008

 

Apart from exceptions in a few issues, it is at issue that a foreigner takes advantage of fundamental rights and freedoms in accordance with Turkish Constitution and the principle of equality. However, the foreigner whose entrance depends on conditions and restrictions that have been laid down by the laws could not demand this as a right. Management has a judicial discretion regarding whether conditions and reasons written in laws are accomplished or not. In case of the unreality of reasons that have been proposed in ground for disqualification or a formal error in the case, respective person has a right for applying to Administrative Justice for abolition of refusal decision.

 

Foreigners who come to Turkey and want to stay more than a month have to get residence permit by applying to competent authorities until the end of this period. The law has named the permit which competent authorities give as “residence permit”. The authorities that have entitled to give this certificate are security offices. There is no such obligation for foreigners who will stay shorter than a month.

Foreigners who have come to Turkey in order to work also have to get residence permit before starting to work within a month from the date when they have come.

 

The Law Concerning Residence and Traveling of Foreigners (LCRTF) as per article 9, it has been decided that residence permit in five years will be given to all foreigners without considering whether they are married to a Turkish citizen or not. Regarding five year period’s being shorter or longer, Ministry of Internal Affairs has the judicial discretion and it uses this discretion according to the existence of reciprocity principle by conferring on Foreign Ministry.

 

After the deadline, ones who want to renew their residence permit have to get a new one by applying to the relevant authority within 15 days as from expire date. Similarly, ones who have lost their residence permit have to take a new document from competent authority.

LCRTF as per article 13, in the event that going abroad of foreigners who have residence permit  provided returning back to Turkey and their returning before residence permits have expired, no visa will be wanted for their entering to Turkey and submitting their permit of residence will be sufficient.

 

Moreover, except for embassy and consulate officials of foreign countries and their families, foreigners who have changed their residence have to inform police and gendarmerie stations in the area where they go about this change within 48 hours through themselves, others or posting a letter.

 

LCRTF as per article 15, except for embassy and consulate officials of foreign countries and their families, foreigners who work freelance or dependently in Turkey have to inform police or gendarmerie stations in the area in which they reside about circumstances within 15 days beginning from the day they start to work and to make it register to their residence permit. Real or juridical persons who employ these people have to submit a declaration to a nearest police or gendarmerie station within maximum 15 days beginning from the day when the foreigner starts to work. In this declaration, respective foreigner’s name and surname, citizenship, occupation, residence permit’s date and number, residence address, turnover and wage are stated. Foreigners who make use of exceptional transactions having been stated in LCRTF become subject to blanket clauses within a month beginning from the day when their special situation ends.

 

The authority to which foreigners apply for work permit is the Ministry of Labour and Social Security for inland and representative offices of Turkish Republic for abroad. Applications to representatives in foreign countries are directly transmitted to the Ministry. Unless the foreigner who will work inland has come with any purpose other than education and also has residence permit for six months which is unexpired. Besides, the precondition of work permit application is entering to the country by getting work permit from foreign representative offices. Because it is not possible to do work permit applications of foreigners inland when they come with touristic purpose or a visa other than work permit.

 

Procedures and principles regarding work permits of foreigners who will be employed as a part of operating companies, departments and liaison offices have been arranged by “the Regulation Regarding Employment of Foreign National Employee in Direct Foreign Investment”. Foreigners in the position of key personnel who will work in direct foreign investment areas such as the ones who work in senior management or executive position and supervisory position, company partner, chairman or member of the board, general manager, general and assistants who carry authority in personnel recruitment or displacement, persons who have knowledge of service that company provides, management, investigation and its techniques and also foreigners who arrange certificate of authenticity in liaison offices on their behalf have to make the necessary application for work permit to representative offices of Turkish Republic and get work permit by this way. However, as per article 10 of Regulation, it is compulsory for a foreign key personnel to demand work permit within 90 days at the latest beginning from the day he/she gets work permit certificate and get residence permit by applying to the Ministry of Interior within 30 days beginning from the date in which he/she has entered to the country. Unless the foreigner who has not been given a visa for education has semi-annual residence permit and work permit; in this case as per article 9/2, it is not compulsory for a foreign key personnel to get a work permit from foreign delegations of Turkey.

 

Unless otherwise envisioned in agreements of which Turkey is a part or multilateral agreements, giving work permit or renewing it will be possible by considering the situation in labour market, developments in business life, sectoral, geographic and economical business changes related to employment on condition that being in compatible with a certain work or company and a certain profession according to the length of foreigner’s residence and work permit and the period of service contract and work.

 

Marine Management and Yacht Sector in Turkey- 18th August 2008

 

The beginning of marine management traced back to 1970s in Turkey. The first marine was built in 1976 and operated by the famous Setur firm, which operates a lot of marines today. Bodrum and Kusadasi marines tracked this. Marine Management had been executed by the hand of the state until the private sector grabbed this area. Turkish Government continued its ruling for many years in this area. With the number of 2634 ‘Tourism Promotion Law came into force in 1983, this market completely opened to Private Sector and later, showed a big growth. A great development and liveliness came with the competition between the investors. Today, Istanbul-Atakoy Marine is a ‘Five Gold Anchor’ globally award-winning establishment that is seen worthy of only twenty-seven marines from nineteen-thousand. To understand the development of this market better, it’s appropriate to look up the numbers. Today, the sector of Marine Management is a 2.5 billion dollar market. According to the records of Tourism Department, the capacity of marines‘ total beds that have ‘Yacht Running Certificate‘ are five thousand and the beds which don‘t have this certificate’s bed capacity is around thirty-thousand.

 

  What‘s the cost of the investment in this sector?

 

Especially in last five years, a lot of strong groups began to deal with this promising sector and to get their share; they turned out to be an active player. As a result of this, average investment cost is around twenty-seven billion dollar.

 

How and why the Marine Management became an interesting sector for the investors?

 

In the Mediterranean Sea, there are nearly six-hundred fifty and seven-hundred yachts that voyages every year. But Turkey, despite the natural beauty of its shores, has the capacity of servicing only seven percent of that whole traffic. On the other hand, although Western Mediterranean Countries like France and Spain have great capacities, reached their occupancy point. All of these caused the Turkey and especially Bodrum drew yachtsman‘s attention. In consequence of these reasons explained above, the Marine Management in Turkey became a promising sector for the investors who expect great income from their investments.

 

 What are the Laws and Requirements that arranges the Marine Management in Turkey?

 

This area was arranged with the number of 2634 Tourism Promotion Law coming into force in 1983.With this rule, the number of 18125 ‘Yacht Tourism Regulation‘ was made with the aim of applying predicted decisions and came into force with the publication in official newspaper in 4th August 1983.

According to the regulation, with the Tourism Investment Certificate taken from Tourism Department, every real or corporate one can do Yacht Management. Again, according to the same regulation, Yacht Marines, built from government or private sector, can be managed by the real or corporate people who have the ‘Tourism Investment Certificate’. A lot of topics like the infrastructure, superstructure of Yacht Marines, their physical classifications, people who have to work there and their authority were managed by this regulation. On the 3rd section of the regulation, the concept of Yacht Marine Management and its content were described.

 

 

 Can foreign Yacht Managements do Yacht Managementship in Turkey?

Yes. Foreign Yacht Managements can do managementship with the authority from Tourism Department to three years. The department can extend the authority if necessary. Their service and presentation will be done by Turkish Yacht Management or travel agent that has Yacht Management License(A or temporary A).In this situation, representative travel agent or Yacht Management will be responsible for the rules determined by the Laws and Regulations.

Important Note! In Turkey, companies that were built by The Turkish Laws, are accepted as a Turkish Company.

 

 

What are the regulations for foreign yachts?

 

Foreigners, who enter with their yachts in Turkey, may anchor their yachts up to two years for repair or maintenance, so that they can spend the winter in the Yacht Marine or Harbor Launch Region and can leave the country with transportations. In this case, they may go to the Local Customs Office with a document taken from Yacht Harbor or the Director of the Harbor Launch and an explanatory transaction can be written on the foreigner’s passport.  If people use their yacht at least once every two years, these yachts can stay up to five years regardless to any permission. After five years, The Ministry is authorized about the length of time.

 

 

Can foreign yachts be engaged in commercial activities of Turkish ports?

 

No. Because Cabotage Law gives rights of commercial business such as freight and passenger transport between the ports of Turkey only to Turkish yachts. However, foreign yachts can be accepted on the purpose of sports and tourism or as a Turkish guest.

 

Estate Sale to Foreigners – 12 April 2008

THE RULES CONCERNING ABOUT ACQUIRING AN ESTATE IN TURKEY, BY FOREIGNER INDIVIDUAL INVESTORS, COMMERCE COMPANIES FOUNDED IN OTHER COUNTRIES AND COMMERCE COMPANIES WHICH ARE FOUNDED IN TURKEY BY FOREIGN INVERSTORS, ARE PASSED INTO LAW.

As is known, Constitutional Court with the law no 2006/35 E., 2007/48 K., decided to cancel some passages stated in the first and seventh phases of the 35th item of the Deed Law, which were about acquiring an estate in Turkey by foreign natural entities and commerce companies founded in another country by legal entities. Constitutional Court also ordered this cancellation decision to be effectuated 3 months after it is issued in official journal. Because of this cancellation decision, a new legal regulation was needed and draft of a law, about alterations in the Deed Law, was prepared by Turkish National Assembly Justice Commission. Last draft of the law was discussed at Parliamentary Committee on 03.07.2008. The proposal, prepared by considering cancellation decision made by Constitutional Court, was accepted by Parliamentary Committee.

According to the Law:

Foreigner individuals and organizations will have right to acquire an estate, up to 10% of the total areas within the boundaries determined in implementary development plan and local development plan. General Staff Court will determine the condition of foreign companies acquiring estates in military prohibited areas, safety zones and strategic zones.

Council of Ministers will take the charge, upon the proposal bearing coordinates with related maps and plans from related public offices and institutions, in the conditions of foreigner natural entities and incorporated companies, which are found in another country according to laws in that country, acquiring estates in the areas like; conservation areas due to irrigation, energy, cultivation, mining, belief and culture, special conservation areas, exquisite areas because of flora and fauna, strategic areas in respect to public interest and national safety.

Incorporated companies, founded or joined by foreign investors in Turkey, to fulfill the purposes that are stated in their principal agreements, can merit acquiring and use a property. Same principles will be applied in the conditions of transferring the rights of these properties to another foreign company or property owner domestic company to become a foreign company through share transfer. 35th item of the related law will be applied in the condition of demanding the rights of the property by the foreign individual shareholders or foreign legal entities after the liquidation of the foreign company based in Turkey.

Acquiring the estates in military prohibited areas, safety zones and strategic zones will be determined by the General Staff Court or authorized commanderships, provided that the related sentences of the Military Prohibited Areas and Safety Zones Law will kept confidential. Acquiring the estates in the special safety zones will be determined by governorships. If the utilization of acquired properties ascertained against law sentences, a time period will be set by the Ministry of Finance in order to liquidate by owner. Unless the owner liquidate the property in given time period, it will be liquidated and the charge will be paid to the title holder.

Work permit for the foreigners

19.06.2009

SUBMITING FILES TO THE MINISTRY OF LABOR FROM ABROAD

According to 5th item of the Law about work permit for foreigners, No. 4817, transitory work permit is granted up to one year, considering; condition of the labor market, progress in the working life, sector-specific and economic changes in the area of employment, residence permit of the individual and contract of service. After the completion of one year legal employment period, provided that working in the same work and for the same business, work permit can be extended up to three years.

In order to work permit applications from abroad to be evaluated, prescribed forms and documents in the guide should be delivered to the Ministry of Labor within three days after the first application made to the Turkish Republic representatives in the country that individual’s subject of or currently residence.

In the event that given time period is passed over, application will not be evaluated.

PRESCRIBED AND ADDITIVE DOCUMENTS FOR THE FOREIGN WORK PERMIT APPLICATION

PRESCRIBED DOCUMENTS FOR THE FOREIGN WORK PERMIT APPLICATION
Work permits application addressed to the Ministry of Labor and Social Security,

Foreign Personnel Application Form (4 copies, including a photo from the last six months, including the original signatures of the employer and employee. In the event that the signatures of the employer and employee are missing, personal agreement made between the parties or accepted employment proposition made by the employee or its certified copy.)

For the domestic applications, notarized and translated (to Turkish) transcript of the passport; for the abroad applications, translated (to Turkish) and approved, by the certified interpreter, transcript of the passport,

For the foreigners who will work scope of occupational services and other occupations considered necessary by the Ministry, notarized and translated (to Turkish) transcripts of the diploma,

For the domestic work permit applications, valid residence permit, (validation of the residence permit should be six months at least and the application should be made within that period)

Resume, (attached resume form should be filled.)

For the tourism enterprises who will employ a foreign personal and artisan:

Employment contract,

Related documents about currency income,

Letter of recommendation (Except from the letter of recommendation of the doubtful enterprises)

Additional documents for the work permit applications in the scope of the occupational services,

According to items 3 and 7/p of the Law No. 2547, if the foreigner had studied advanced studies in abroad, “Equivalency Certificate of the Diploma” according to Equivalency Certificate of the Advanced Studies Diploma Regulations,

Working paper, obtained from the appropriate professional associations in the last six months, in order to prove that the person works in his/her country, membership of the related labor organizations and person has no ban penalty from stated occupation,

In the event of serving as a teacher or adviser, terms of reference and template agreement (between two companies or individual and company)

In the event of architectures and city planners serving as an adviser or technical expert or designing project, having authorization signing power in the tenders announced by public offices and institutions; commitment letter, to limit work to related project, notarized or approved by consulate should be submitted.

Required documents according to Types of the Work Permits for the Foreigners Application listed below.



Temporary Work Permit for Foreigners


-The document which is taken from safety authority that proves they resided legally and nonstop at least five years with a stranger, in case of a demand of working authority for his spouse and children by a stranger,who came to Turkey to work,


Permanent Work Permit for Foreigners


- A document taken from security authorities which proves that the foreigner fulfilled the requirement of legally and uninterruptly residing at least 8 year,
- A document taken from the competent authorities which proves that the foreigner fulfilled the total of 6-year work requirement,
- Temporary membership document which should be taken by foreigners who will work as Engineer, Architecture and City Planner in accordance with the Chambers of Turkish Engineers and Architecture’s Article 36 with number 6235 .


Independent Work Permit for Foreigners

- Tax registration document which foreigner will take from his/her origin country,

- Documents which prove the foreigner’s scientific, technical and vocational education indented to the area the foreigner wishes to perform,

- Documents, taken from the competent authority and prove that the Engineer, Architecture and City Planner has academic and vocational competence about their desired work,

- A document taken from security authorities which proves that the foreigner fulfilled the requirement of legally and uninterruptly residing at least 5 year,

- Documents which can be requested according to Article 40 of the regulation


Exceptional Work Permit for Foreigners

- Documents proving the status of foreigners mentioned in the Article 8 of the Law,

- Certificate of identity register copy for foreigners who are married with a Turkish citizen,

- Notary certified marriage certificate for foreigners who are married with a Turkish citizen,


DOCUMENTS REQUESTED FROM THE INSTITUTION/ ORGANIZATION WHICH EMPLOYEE A FOREIGN STAFF

- Work permit application form addressed to Ministry of Labour and Social Security,

- Balance sheet and profit/loss statement of the previous year approved by a tax authority,

- If the establishment is foreign-capitalized, original of the Turkey Trade Registry Newspaper which shows the establishment’s last capital and shareholding structure, or it’s certified copy,

- For Private Education Institutions which will recruit foreign national teacher; Institution License and approval letter copies of the Ministry of Education, 

- For administrative employee which Tourism establishments will recruit, if exist, a copy of business of investment document taken from the Ministry of Tourism,

- A document which authenticate the establishment’s job they take from the related organizations and institutions. (These establishments, consortiums included, had the right to make projects which are internationally tendered by Public institutions and organizations.

- In legal entities which will recruit foreign experts within the context of Engineering, architecture, construction and consulting services; a payroll and contract examples as to prove he/she is employed in same job as Turkish engineering/architecture/city planner.

ADDITIONAL DOCUMENTS FOR FOREIGNER’S WORK PERMIT

- If she/he is a foreigner, key personnel or common personnel; document given by the competent authorities which prove his/her statue,

- An example of Citizen identification Card,

- Certificate of identity register copy for foreigners who are married with a Turkish citizen,

- Notary certified marriage certificate for foreigners who are married with a Turkish citizen,

- A document indication he/she is a Turkish descended,

- Vocational education diploma and certification examples,

- Other documents like testimonial, reference letter, assignment letter, acceptance letter.


Work Permits of Foreigners

Procedures and Principles to Take into Account in the Process of Getting Work Permit of Foreigners

Application of work permits for foreigners

In order to demand work permit within the country, the foreigner should have a residence permit which has been given by police offices and is valid for at least 6 months and the application has to be done within this time period. Residence permits having been given for education are not accepted.

Foreigners who do not have residence permits for at least six months apply for work permit to representative offices of Turkish Republic in the country in which they are citizens and also inhabit permanently. However, following this application, the file of all information and documents required should be given (by employer) to our Ministry within 3 workdays at the latest.

 

 

Change of Work

A foreigner who has got work permit for working in any office and whose work permit does not expire has to apply for work permit again on condition that he/she wants to work in another office with a different title. The residence permit which has been given with reference to work permit for former work and been extended for this reason is not accepted as valid for new application. In such a case, foreigners have to inform police officers about their leaving former jobs and register this to residence permit and the permit should be submitted by being renewed for six months at the least.

For permission requests which will be done in order to work in another work with a different title are treated like a first application, a foreigner have to make a new application by filling up all the documents and forms which are stated in the regulation. Moreover, a document in regard to discharge which is taken from former legal entity will be attached to application.

Outstanding Document

If a deficiency is confirmed in documents which are essential for application, application files are immediately deactivated and remanded. Besides, the claim is overruled when a new application is made in the same way. To take outstanding documents by hand is forbidden. Outstanding documents will be submitted to General Document Department of our Ministry by petition.

Application Form of Work Permit for Foreign Employee

All fields in the application form of work permit for foreign employee have to be filled. For unanswerable questions which are incompatible with the foreign employee or the company, an explanation for the reason why it is left blank should be written in the answer part. For instance, if a foreigner is a company partner and does not receive monthly salary, an explanation about his/her partnership will be written in the part of salary.

Pay roll of last month which shows the SII(Social Insurance Institution)  or OPF(Occupational Pension Fund) registry state of all Turkish or Foreign employees who work in a company for which the person applies has to be submitted.

Salary rate which has been declared in the application form to be given to the foreigner is needed to accord with the foreigner’s profession, career and duty. If it is declared that a salary which is not accord with his profession and duty will be paid to the foreigner, the request of work permit could be overruled.

Only the application form for foreign employees will be filed as 4 copies and one copy for all other documents will be sufficient.

Imparlance of Work Permits for Foreign Employees

In the motion for enlargement of time, foreigners could apply within two months at most before expire date of current work permit. In order to renew a work permit having expired, the petition of motion for enlargement of time and other attachments should be registered to our general document records within 15 days at the least beginning from expire date.

The original of work permit which has been taken from our Ministry has to be submitted with photograph and assigned and stamped/sealed by the employer. The original of a new dated document which will be taken from tax offices regarding the non-existence of the company’s tax debt also has to be submitted.

In the motion for enlargement of time by a company for foreigners more than one, documents which have to be submitted regarding the company should be put as one copy in each foreigner’s file, not as separately. However, in other applications, it should be stated that documents relating to the company are in whichever file.

Except for companies which have special accounting periods, a company or a firm’s balance sheet and profit-loss statement of last year having been confirmed by tax office (they could also be confirmed by financial advisors) will be submitted in applications which are made after 1st April of each year. For instance, in applications which have been made after 1st April 2009, progressive schedules belonging to 2008 and 2007 will be put in the file.

 
 
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