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INTRODUCTION This publication has been prepared for informational purposes only. None of information contained in this publication shall constitute legal advice. For further information, please contact: Mail: Direct Number: Web Site: 2

The Law regarding Foreigners and International Protection (Law No:6458) has been published on the Official Gazette dated April 11, 2013 and numbered The purpose of the law is to regulate the principles and procedures regarding the residence permits to be granted to the foreigners, visa requirements and the scope and implementation of the protection to be provided to foreigners who seek protection from Turkey. As per Article 11 of the Law regarding Foreigners and International Protection, foreigners intending to stay in Turkey up to 90 days shall obtain a visa stating the purpose of the stay. Such visa shall be issued by the consulates of the Republic of Turkey in their country or legal residence. The period of stay in Turkey provided by the visa or visa exemption shall not exceed ninety days within each period of one hundred and eighty days. Dirik Akoglu Buhan Law Firm3

Moreover, further to Article 19 of the Law regarding Foreigners and International Protection, foreigners who intend to stay in Turkey beyond the visa or visa exemption period or more than ninety days are obliged to obtain a residence permit to stay in Turkey. The residence permit shall become invalid if it is not used for the period of six months. Therefore, in case a foreigner intends to stay in Turkey more than 90 days within a period of 180 days, such foreigner is required to obtain a residence permit from the competent authority in Turkey. Otherwise, administrative fines and other sanctions stipulated under the Law regarding Foreigners and International Protection will be in question depending on the conditions of each violation. Dirik Akoglu Buhan Law Firm4

Residence permit applications shall be made to the consulates of the Republic of Turkey in the country of nationality or legal residence of the foreigner. The evaluation of the relevant residence permit application shall be concluded no later than 90 days. On the other hand, certain types of residence permit applications listed under the Law regarding Foreigners and International Protection may be filed within Turkey such as long term residence permits and student residence permits. Dirik Akoglu Buhan Law Firm5

With respect to the residence permit applications to be made in Turkey, an online appointment shall be taken by the foreigner in order to apply to the Directorate General for Migration Management. Accordingly, once the required documents are fully submitted to the Directorate General for Migration Management, the application shall be evaluated in this respect. Moreover, as a recent change, residence permits are extended through the website of the Directorate General for Migration Management. Kindly note that further to the Law regarding Foreigners and International Protection, governorates are authorized to refuse the residence permit applications filed in Turkey. However, currently in practice the General Directorate of Immigration Management evaluates the applications. Refusal, non-renewal or cancellation of the application shall be notified to the foreigner or his/her legal representative. Dirik Akoglu Buhan Law Firm6

As per Article 27 of the Law regarding Foreigners and International Protection, a valid work permit as well as Work Permit Exemption Confirmation Document shall be considered as a legal residence permit. The principles and procedures regarding the work permits of the foreigners are regulated under the Law Regarding Work Permits of the Foreigners (Law no: 4817) (the “Law”) which is published on the Official Gazette dated March 6, 2003 and numbered and also with the Regulation on the Implementation of the Law regarding the Work Permits of the Foreigners. Dirik Akoglu Buhan Law Firm7

Further to the Law, unless otherwise provided in the bilateral or multilateral agreements to which Turkey is a party, foreigners are obliged to obtain work permit from the Ministry of Labour and Social Security (the “Ministry“) before they start to work in Turkey. There are certain types of work permits are regulated under the Law: (i) definite term work permits, (ii) indefinite term work permits and (iii) independent type of work permits. Work permit for a definite period shall be valid for one year at the most. During the evaluation the Ministry shall consider the duration of residence permit and the employment contract in addition to the situation of the market, developments in the labour sector, sectorial and economic conjuncture changes. Dirik Akoglu Buhan Law Firm8

Following the period of one year, duration of the work permit may be extended up to three years, on the condition that the relevant foreigner works in the same workplace or enterprise and in the same job. With respect to work permits with indefinite term, these type of work permits may be granted to the foreigners who have obtained long term residence permit or who have legally and uninterruptedly resided in Turkey for at least eight years or who have legally worked for eight years in total. On the other hand, independent type of work permits may be granted to the foreigners who have legally and uninterruptedly resided in Turkey for at least five years. 9Dirik Akoglu Buhan Law Firm

Work permit applications can be made either abroad or in Turkey. A foreigner who intends to work in Turkey may apply to the Turkish diplomatic representatives of Turkey in the country that the foreigner stays. The Turkish diplomatic representatives shall directly submit these applications to the Ministry for its evaluation. On the other hand, if a foreigner or his/her employer intends to apply for a work permit in Turkey, the foreigner in question shall obtain a valid residence permit with the period of at least 6 months. Accordingly, the foreigner in question or his/her employer shall apply to the Ministry before the expiration of such period. Dirik Akoglu Buhan Law Firm10

Work permit applications in Turkey shall be made electronically and the required documents such as the application form shall be uploaded to the network of the Ministry. Once the electronic application is completed, the hard copies of the required documents shall be submitted to the Ministry within 6 business days following the electronic application date. As per the Law, the Ministry shall conclude the work permit applications within 30 (thirty) days as of the date of the application, provided that all the required documents are complete. Dirik Akoglu Buhan Law Firm11

Please be advised that the Ministry has published ‘work permit evaluation criteria’ on August 2, Accordingly, in the case that such requirements are not fulfilled by the employers or foreigners, the Ministry will not proceed to the evaluation of the application and the work permit application will be rejected accordingly. Further to such evaluation criteria the most significant requirements are as follows: I.the employment of minimum 5 Turkish personnel at the relevant workplace of the employer is required for each foreign applicant. II.the paid-up capital of the company shall be minimum 100,000 Turkish Lira or the amount of gross sales shall be minimum 800,000 Turkish Lira or the amount of exports of the previous year shall be minimum USD 250,000. There are also some exceptional situations foreseen for the abovementioned criteria. Dirik Akoglu Buhan Law Firm12

Kindly be informed that Article 21 of the Law specifically regulates the administrative fines that will be applied in the case that foreigners and/or employers violate the Law and the relevant regulations. In case of repetition of the relevant violations, administrative fines shall be doubled for each specific case. In certain cases, even the closure of a workplace might be in question. Dirik Akoglu Buhan Law Firm13

KEY CONTACTS Irmak Dirik Founding Partner Sezin Akoğlu Düzenli Founding Partner Melis Buhan Founding Partner Dirik Akoglu Buhan Law Firm14