Pehlivan & Güven Law FirmPublished:
The expectation of a "general amnesty" for foreigners who have overstayed their visa or residence period in Türkiye comes up from time to time. So, can a foreigner without a residence permit obtain a work permit? In this article we look at the legal position, the exception specific to domestic services and the risks of applying.
Short answer
There is no amnesty in Türkiye covering all foreigners who have overstayed their visa or residence period. However, for a foreigner who entered the country lawfully, a work permit application for domestic services (care of the elderly, the sick, persons with disabilities or children) can be made from within Türkiye without a residence permit being required. This is a narrow option subject to the administration's discretion, not a right.
Under normal circumstances, for a work permit application to be made from within Türkiye, the foreigner must hold a valid residence permit of at least 6 months. However, the Implementing Regulation gives the Ministry the power to waive this requirement for certain foreigners who are "lawfully present in Türkiye". What is publicly known as the "amnesty" is simply the use of this power in domestic services. There is no general amnesty provision.
| Foreigner's Situation | Application from Within Türkiye | Explanation |
|---|---|---|
| Entered lawfully, visa or visa-exemption period still running | Possible (domestic services) | The safest period. The application should be made before the period expires. |
| Entered lawfully, has overstayed | Possible subject to conditions (domestic services) | The route referred to in practice as the "amnesty". Passport, residence history and any deportation record are decisive. |
| Entered unlawfully, no entry record | Not possible | Outside this route. The situation should be assessed separately. |
For jobs other than domestic services (restaurants, factories, construction, shops), an application from within Türkiye by a foreigner without a residence permit is, as a rule, not accepted. The usual route for these persons is to apply to the Turkish consulate in the country of which they are a citizen or in which they are lawfully present.
The conditions required in practice for an application under domestic services by a foreigner who has overstayed are as follows:
The application is made by the family, not the foreigner. The family starts the application in the e-İzin system by selecting the "In Türkiye" (Yurt içinde) option, using the foreigner's foreign identity number and date of birth. If there is no foreign identity number, this number must be obtained first. If the permit is granted, the work permit replaces the residence permit; the foreigner does not need to obtain a separate residence permit, but must register his or her address.
The application does not provide protection. The fact that an application has been made does not definitively protect the foreigner from checks, administrative detention or deportation proceedings until a decision is issued.
In the event of refusal: The refusal decision is entered in the foreigner's records and may adversely affect subsequent applications. An objection may be filed against the decision within 30 days and, if the objection is rejected, a lawsuit may be filed within 60 days. For details, see the article "Challenging a Work Permit Refusal: Objection and Annulment Action".
Leaving the country: A foreigner who has overstayed and leaves the country may face an administrative fine and, depending on the length of the overstay, an entry ban. It is therefore important to have the situation assessed before deciding to leave.
The Council of State accepts that the administration's grounds for refusal in applications made from within Türkiye by foreigners who have overstayed the lawful period are subject to judicial review (Council of State, 10th Chamber, dated 26.05.2022, E. 2021/6835, K. 2022/2801).
1. A caregiver whose visa period is about to expire. A foreigner who came with a 90-day visa exemption and is on day 60 wishes to work for a family as a caregiver for an elderly person. Since the lawful stay is still continuing, this is the safest period; the family should apply before the period expires.
2. A foreigner who entered unlawfully. As there is no entry record, he or she cannot benefit from this route. The situation should be assessed separately in terms of other statuses such as international protection or humanitarian residence.
No. There is no general amnesty. A narrow exception applies only in domestic services, for those who meet the conditions.
No. The exception covers only care work.
No. The restriction code (tahdit kodu) is a separate administrative record, and a work permit does not remove it automatically. If there is an entry ban or deportation order in force, the legal remedies against it must be assessed first.
Since the practice is based on an administrative arrangement rather than a law, it can be changed by the administration at any time. It is advisable to apply without delay.
There is no general amnesty for foreigners without a residence permit. However, in domestic services, a narrow exception subject to the administration's discretion applies to foreigners who entered lawfully and meet certain conditions. This route carries serious risks, such as an administrative fine and deportation, if the person works before the permit is granted. You are advised to consult a lawyer about your specific situation.
