Turkish Labor Law
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The resolution of the Council of Ministers no. 28094 and dated 24.10.2011 regarding the redetermination of the duration mentioned under paragraph 1 of article 3 of Law No. 5683 on Stay of Foreigners in Turkey for Residence and Travelling Purposes is published in the Official Gazette. This application will be applicable for foreigners that enter into our country as of 01.02.2012. (You can read the announcement regarding the Resolution of Council of Ministers below.)
The new arrangement will cover all foreigners who visit Turkey for touristic purposes for a short period of time with a visa, visa sticker/stamp visa obtained from foreign representation offices or who benefit from visa exemption but will not amend the visa regimen.
Foreigners who legally enter into Turkey with visa exemption or a duration of residence permit of at least 90 days as stated on the visa label issued in his/her name, notwithstanding their country of origin, can stay in Turkey up to 90 days without the need to obtain a residence permit.
Foreigners whose total duration of stay is 90 days between periods of 180 days and who want to stay for a longer period of time have to obtain a suitable visa and residence permit.
If the visa exemption period for Turkey or the duration of stay on the visa is less than 90 days, it may be extended up to 90 days in total within the country upon the request of the foreigner.
Banderole Visas for the 90-Day Application
Banderole visas issued for the citizens of certain countries at the border gates are applicable for 15 days, one month (30 days), two months (60 days) and three months (90 days). Thus, there is no banderole visa application with a duration of stay that exceeds 90 days.
Therefore, foreigners who enter into Turkey on a banderole visa and continue their stay in Turkey for a period longer than the duration of stay denoted on the banderole visa, then these foreigners have to obtain a residence permit before their duration of stay expires.
Example 1: There is a visa exemption applicable unilaterally for the benefit of German citizens between Turkey and Germany. The duration of exemption is 90 days. German citizens are allowed a stay of up to 90 days before requiring a residence permit during their stay for touristic purposes, for which they generally benefit from visa exemption, as before.
Example 2: The duration of the visa exemption for Croatian citizens is two months (60 days). Therefore, a Croatian citizen who visits Turkey by benefiting from this exemption will not need to obtain a residence permit for only two months. If he/she wishes to continue their stay in Turkey after these two months, he/she will be required to obtain a residence permit pursuant to paragraph 1 of article 3 of Law no. 5683. That is because according to the resolution of the Council of Ministers, the duration of the visa or visa exemption has to be at least 90 days in order to benefit from the 90-day period without obtaining a residence permit. (If the Croatian citizen visited Turkey on a six-month visa, obtained from the foreign representation offices of Turkey, then the duration of stay without obtaining a residence permit would be 90 days.)
Example 3: The visits of Syrian citizens to Turkey are subject to the visas obtained from the consulates. Thus, Syrian citizens have to obtain a visa by filing an application to the representation office of Turkey in Syria before visiting Turkey. If a Syrian citizen who comes to Turkey by obtaining a visa with a duration of stay of 20 days for purposes of visiting relatives or touristic or treatment purposes wishes to remain in Turkey after these 20 days, he/she must obtain a residence permit at the end of 20 days as the duration of his/her visa is less than 90 days.
The total number of days of stay of the foreigner from the date of exit from Turkey retrospectively will be taken into consideration for the calculation of the duration of stay in Turkey but the days of stay abroad and the days during which he/she stays in Turkey as subject to a residence permit will be excluded.
On the other hand, if the visa exemption period for Turkey or the duration of stay on the visa is less than 90 days, it may be extended up to 90 days in total within the country upon the request of the foreigner.
ANNOUNCEMENT ON THE STAY OF FOREIGNERS IN TURKEY WITH A VISA AND A RESIDENCE PERMIT
Pursuant to paragraph 1 of article 3 of Law no. 5683 on the Stay of Foreigners in Turkey for Residence and Travelling Purposes, foreigners who will stay for more than 1 month in our country are required to obtain a residence permit. The duration of 1 month as stated under the law provision is determined pursuant to the amendment made upon the Resolution of the Council of Ministers no. 2306 dated 10.10.2011 published in the Official Gazette issued under the number of 28094 on 24.10.2011
It has been resolved and arranged as 90 days during the 180 days before the foreigner exits Turkey if the duration of visa exemption or of stay on the visa is sufficient; moreover, if the duration of visa exemption of the foreigner for Turkey or the duration of stay as mentioned on the visa is less than 90 days, this duration can be extended up to 90 days within the country pursuant to the same amendment and the Resolution set to be applicable as of 01.02.2012.
The aim of this arrangement is to ensure that our legislation complies with the EU Visa Directive. The new application does not amend the duration of visas and visa exemption in the visa regimen but only regulates the duration of stay without obtaining a residence permit in Turkey.
Foreigners whose duration of stay in Turkey with a visa and a visa exemption right is 90 days in the last 180 days and who wish to stay longer than this defined period are allowed to remain in Turkey by obtaining a residence permit of up to (6) months for touristic purposes notwithstanding their country of origin. For example, citizens of the countries with a visa and a visa exemption right of 90 days can make an application to the Foreigners Branch of the Provincial Directorate of Security and obtain their residence permits for touristic purposes with a duration of up to 6 months after 90 days from their date of entry into Turkey.
Thus, foreign tourists have the opportunity to stay for 9 months within our country after they stay in our country for 3 months with their visa and visa exemption right and obtain a residence permit with a duration of 6 months thereafter. Moreover, it will be possible for foreign tourists who have stayed for 9 months by benefiting from the opportunity, to stay for a further period of 90 days if they enter into country again after 1 day from exiting the country. Thus, this application does not bring any restriction for foreign tourists regarding the duration of stay during the entire month.
Some arrangements have been made regarding the residence permit charges on a reciprocal basis as of 01.04.2011 in order to facilitate the stay of foreigners in our country for touristic purposes and serious discounts have been made to the rates of charges. (The charge of the residence permit was TRY 64.05 per month; this amount was discounted to a maximum of 5 US Dollars per month.)
Moreover, foreigners who want to work in the fields of nursing and home health services must file an application for a working permit to the Ministry of Labor and Social Security and the process to obtain a residence permit by making an application within the country is facilitated. However, an administrative fine will be implemented for those who are employed illegally and employ workers illegally without any permit.
The aim of this application is to prevent informal application, illegal residence, human trafficking, illegal migration and migrant smuggling and any illegal actions.
Despite the news in the media recently that claims the amendment has “negative effects for foreign tourists”, the application is supportive, facilitative and regulating for foreigners who enter into the country via legal channels with a visa or by benefiting from the visa exemption right and the foreigners who want to stay longer and satisfy the required conditions.
The total number of days of stay of the foreigner from the date of exit from Turkey retrospectively will be taken into consideration for the calculation of the duration of stay in Turkey, but the days of stay abroad and the days during which he/she stays in Turkey as subject to a residence permit will be excluded.
The amendment will be applicable for those who will enter into our country as of 01.02.2012 and duration of stay after this date will be included in the calculations and the start of the 180-day period will never be before February 1, 2012.
Duration of Residence Permits Other than Those Determined by Article 3 of Law No. 5683
The following persons are permitted to stay for the following durations without the need to obtain a residence permit:
3.a) Four months (120 days) for foreigners with an entry visa bearing a “tourist” stamp (whose field of purpose of the visa reads “tourist” or “tourism”) who are visiting the country for national or international historical – cultural and fine arts events, carnivals, festivals, sports events or the places to be determined by the Council of Ministers for visiting, treatment or change of air purposes pursuant to article 5 of Law no. 5683 provided that there is no record on their visa that restricts the duration of stay,
3.b) Three months (90 days) for foreigners who visit Turkey with joint passports for travelling or above mentioned purposes and whose duration of visa exemption or visas is sufficient,
3.c) Four months (120 days) for foreigners with triptyque certificates and entry reports pursuant to article 6 of Law no. 5683 if the duration of visa exemption or duration of stay on their visas is sufficient,
3.d) For their terms of duty for the “members of forces” of the countries being a party to the North Atlantic Treaty Organization (NATO) pursuant to Agreement on the Status of Forces dated 1954,
3.e) For their terms of duty for the foreign diplomatic mission members located in Turkey (Those who reside with the ID card issued by the Ministry of Foreign Affairs),
3.f) For their terms of duty for the personnel of international organizations that are on duty in Turkey (Those who reside with the ID card issued by the Ministry of Foreign Affairs).
However, foreigners mentioned under articles (d, e and f) have to file an application for a residence permit within one month before their term of duty expires. Those who exit from the country within these periods will not be charged with a residence fee with penalties (Article 29 of Law No. 5683).
8. Application of Article 88/C of Law no. 492 on the Foreign Lecturers who are Active in the Academic Researches and Teaching Activities in Our Country and Their Spouses and Children:
As it is known, a residence permit not subject to charges will be given to professors and experts employed as State Special Provincial Administrations, Municipalities, Public Economic Enterprises and official institutions affiliated to the same pursuant to article 88/c of the Law no. 492.
Although it is understood from this provision that a residence permit not subject to charges can only be issued to the lecturers who are employed at state universities, residence permits to be issued to foreign lecturers who are active in academic research and teaching activities in our country and to their spouses and children pursuant to the relevant circular will be issued without any charges, notwithstanding whether they work at a state or private universities, by taking into consideration the “purpose element”, one of the elements that ensures the creation of the Law.
