EMPLOYER ELIGIBILITY CRITERIA AND 2026 EXEMPTIONS IN WORK PERMIT APPLICATIONS FOR FOREIGN NATIONALS

Employers seeking to hire foreign nationals in Türkiye must not only complete the documentation relating to the employee and the workplace but also satisfy certain requirements prescribed by the Ministry of Labour and Social Security. Pursuant to Article 7 of the International Labour Force Law No. 6735, work permit applications are assessed in accordance with Türkiye’s international labour force policy and the evaluation criteria established by the Ministry. In this context, the employer’s workforce structure, financial standing, and the remuneration to be paid to the foreign employee are key considerations. Certain foreign nationals and sectors of activity, however, benefit from exemptions from these requirements.

The first requirement under the general assessment framework concerns employment. As a rule, workplaces subject to balance-sheet accounting must employ at least five Turkish citizens for each foreign national they intend to hire. However, the employment requirement does not apply to work permit applications for up to five foreign nationals if the workplace’s net sales in the previous financial year amounted to at least 50.000.000,00 TRY. Therefore, the employer’s staffing obligations must be assessed by considering not only the number of foreign employees but also the workplace’s financial position and any applicable exemptions.

The second requirement concerns financial eligibility. Workplaces subject to balance-sheet accounting that were established during the current year and have not yet prepared a year-end balance sheet and annual income statement must have paid-in capital of at least 500,000,00 TRY. For previously established workplaces with completed annual financial statements, it is sufficient to meet one of the following thresholds: paid-in capital of at least 500,000,00 TRY, net sales of at least TRY 8,000,000,00 or exports amounting to at least 150,000,00 USD. These are alternative requirements, not cumulative conditions.

The third requirement is that the foreign employee’s remuneration must be commensurate with their duties and profession. Based on the gross minimum wage applicable on the application date, the required salary is set at five times the minimum wage for senior executives and pilots, four times for engineers and architects, three times for other managers, and twice the minimum wage for foreign nationals employed in positions requiring expertise or skilled work. For domestic services and other positions, the remuneration must, as a general rule, be no lower than the minimum wage. It is therefore important that the employee’s job description and agreed salary under the employment contract are consistent with one another.

Nevertheless, the amendment that entered into force on 3 August 2026 introduced a significant exemption, particularly for foreign nationals who have previously resided lawfully in Türkiye. Under this provision, the employment and financial eligibility criteria do not apply to in-country work permit applications made for foreign nationals who, during the three years preceding the application date, have lawfully remained in Türkiye for at least one year under a work permit, residence permit, or international protection status. The exemption is limited to a maximum of three foreign nationals. Accordingly, the relevant period is not confined to the year immediately preceding the application; the assessment covers the preceding three years.

This exemption, however, is not unlimited. The number of foreign nationals employed under work permits pursuant to this exemption must not exceed the number of Turkish citizens employed at the same workplace. For example, where a workplace employs two Turkish citizens, the exemption may be considered for two foreign nationals who meet the lawful-stay requirements, whereas the same staffing ratio cannot be maintained for a third foreign employee. Furthermore, where an employer seeks to hire more than three foreign nationals under this exemption, the general employment and financial eligibility criteria apply to the fourth and any subsequent foreign nationals.

It is important to emphasize that the exemption introduced on 3 August 2026 relates exclusively to the employment and financial eligibility criteria. Unless a separate exemption applies, the salary requirement determined by reference to the foreign national’s position remains in force. An employer exempt from employing five Turkish citizens or maintaining a specified amount of capital is therefore not automatically entitled to determine the foreign employee’s remuneration without regard to the applicable salary thresholds.

The Ministry’s evaluation criteria also provide for broader exemptions based on a foreign national’s personal status. For instance, the employment, financial eligibility, and salary requirements do not apply to holders of long-term residence permits; foreign nationals whose mother, father, or child is a Turkish citizen; or foreign nationals who have been married to a Turkish citizen for at least three years and remain in that marriage. Likewise, under the rules in force as of 3 August 2026, foreign nationals who have remained in Türkiye for at least eight years under the specified categories of permits are also assessed within this exemption framework. These circumstances must be substantiated by official documentation.

Separate evaluation rules also apply in information technology, research and development, and design activities, as well as in certain manufacturing and other sectors, depending on the nature of the work or the workplace. Before determining whether the general criteria apply to a particular work permit application, both the foreign national’s history of lawful stay in Türkiye and the sector and position in which they will be employed should therefore be examined together.

In conclusion, employers applying for work permits for foreign nationals are not invariably required to employ five Turkish citizens or meet specified financial thresholds. Nevertheless, the scope of each exemption, the limits on the number of foreign employees, and the applicable salary obligations must be assessed separately. Reviewing the workplace’s current employment records, its financial statements for the most recent financial year, and the documents establishing the foreign national’s period of lawful stay before filing the application is essential to ensuring that it is submitted on the appropriate legal basis and to reducing the risk of refusal.

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