Pehlivan & Güven Law FirmPublished:
The Regulation Amending the Implementing Regulation of the International Labour Force Law, published in the Official Gazette on 15 October 2024, Issue No. 32693, has reorganised the exemption of asylum seekers from the work permit requirement.
With the amendment published in the Official Gazette on 15 October 2024, the "six months" period in subparagraph (h) of the first paragraph of Article 48 of the Regulation, entitled "Foreigners exempt from work permits", was changed to "three years". As a result, the exemption period for the foreigners covered by subparagraph (h) has been extended from six months to three years.
h) Foreigners who, as notified by the relevant public institutions and organisations, can make a significant service and contribution to Türkiye in the economic, socio-cultural and technological fields and in education, for up to three years,
The Regulation Amending the Implementing Regulation of the International Labour Force Law, published in the Official Gazette on 15 October 2024, Issue No. 32693, removed the annotated visa (meşruhatlı vize) requirement for athletes in subparagraph (k) of the first paragraph of Article 48 of the Regulation, entitled "Foreigners exempt from work permits".
As a result, athletes exempt from work permits will benefit from the exemption for the duration of their contracts, provided that the Ministry or the Turkish Football Federation (TFF) has given a favourable opinion.
k) Professional foreign athletes and coaches, as well as foreign sports doctors, sports physiotherapists, sports mechanics, sports masseurs or masseuses and similar sports staff coming to Türkiye, provided that the Ministry of Youth and Sports or the Turkish Football Federation has given a favourable opinion, for the duration of their contracts with sports federations and sports clubs,
The Regulation Amending the Implementing Regulation of the International Labour Force Law, published in the Official Gazette on 15 October 2024, Issue No. 32693, added subparagraph (ş) to the first paragraph of Article 48 of the Regulation, entitled "Foreigners exempt from work permits". Holders of humanitarian residence permits under Article 46 of Law No. 6458 on Foreigners and International Protection (YUKK) and holders of temporary protection under Article 91 will be entitled to the exemption.
As a result, holders of humanitarian residence permits and holders of temporary protection will be entitled to the exemption within the period and scope notified by the Ministry of Interior.
ş) Persons within the scope of Articles 46 and 91 of Law No. 6458 who are notified by the Ministry of Interior through the system, within the scope and for the periods specified in the notification,
With the amendment published in the Official Gazette on 15 October 2024, subparagraph (t) was added to the first paragraph of Article 48 of the Regulation, entitled "Foreigners exempt from work permits". Under subparagraph (t), foreigners holding a permanent press card may become entitled to an exemption from the work permit requirement for the duration of their duties, provided that the Presidency's Directorate of Communications has given a favourable opinion. The following subparagraph (t) was added to the first paragraph of Article 48 of the Regulation, entitled "Foreigners exempt from work permits".
t) Foreign members of the press coming under a permanent press card, provided that the Presidency's Directorate of Communications has given a favourable opinion, for the duration of their duties,
As a result of the amendment published in the Official Gazette on 15 October 2024 to the third paragraph of Article 49 of the Regulation, entitled "Application for work permit exemption", a foreigner who cannot prove that they are staying in Türkiye lawfully will not be able to apply for a work permit exemption.
With the amendment published in the Official Gazette on 15 October 2024, the third paragraph of Article 49 of the Regulation, entitled "Foreigners exempt from work permits", was amended.
(3) Applications for work permit exemption made from within Türkiye shall be made during the periods in which the foreigner is lawfully present in Türkiye.
With the amendment published in the Official Gazette on 15 October 2024, the periods in Article 53 of the Regulation, entitled "Other matters relating to work permit exemption", were changed. Technical personnel covered by subparagraph (b) of the first paragraph of Article 48 of the Regulation, who work for the purpose of training on the use of goods and services exported from or imported into Türkiye, or in the installation, maintenance and repair of machinery and equipment imported into Türkiye, and foreign cross-border service providers covered by subparagraph (c), have exemption periods of three months. These foreigners may not apply for an exemption again until six months have passed from the date on which their work permit exemption was issued.
With the amendment published in the Official Gazette on 15 October 2024 to the periods in Article 53 of the Regulation, entitled "Other matters relating to work permit exemption", the Regulation now provides that, in all exemption cases other than subparagraphs (b) and (c) of the first paragraph of Article 48, no new application may be made under the same exemption until twelve months have passed. In this way, foreigners are prevented from reapplying under the same exemption.
With the amendment published in the Official Gazette on 15 October 2024 to the sixth paragraph of Article 53 of the Regulation, entitled "Other matters relating to work permit exemption", holders of humanitarian residence permits and holders of temporary protection were excluded from the application of Articles 49, 50 and 51 of the same Regulation in respect of their work permit exemptions.
