Erdal Nuhbasa – Law and Consulting Firm – Legal Services
Erdal Nuhbasa – Law and Consulting Firm – Legal Services
In work permit applications, not only the foreign national’s occupation or employment contract, but also factors such as the number of employees at the workplace, the employer’s financial adequacy, and the workplace’s field of activity are taken into consideration. As of August 3, 2026, the Ministry of Labour and Social Security has introduced certain significant changes to the work permit evaluation criteria.
These changes particularly concern employers who employ or intend to employ foreign workers who have previously been legally present in Turkey, as well as employers operating in the manufacturing, poultry farming, and recycling sectors. For other work permit applications, the existing requirements regarding employment, financial adequacy, and salary continue to apply.
Therefore, it should be emphasized that these changes do not introduce a general exemption applicable to all work permit applications.
If, as of the date of application, the foreign national to be employed has been legally present in Türkiye for at least 1 year within the last 3 years under a work permit, residence permit, or international protection status, the employment and financial adequacy criteria will not apply to work permit applications submitted from within Turkey. However, this exception will apply to a maximum of 3 foreign nationals at the same workplace, and the number of foreign nationals holding work permits under this provision may not exceed the number of Turkish citizens employed at the same workplace.
For example:
Once the exception has been used for 3 foreign nationals at the same workplace, this special provision will not apply to the 4th and subsequent foreign work permit applications. In such cases, the general work permit evaluation criteria will apply to the 4th and subsequent foreign nationals. Accordingly, 5 Turkish citizens must be employed for each subsequent foreign national, and the workplace must meet the financial adequacy criteria.
Until December 31, 2027, where there is a need for additional foreign labour in workplaces operating in the manufacturing sector, the employment criterion will not be required for foreign nationals.
This provision directly concerns the employment criterion. In other words, for applications made under this provision, the Ministry will not apply the calculation of whether “there are 5 Turkish employees for each foreign national” for the purposes of the employment criterion.
Until December 31, 2027, where there is a need for additional foreign labour, the employment criterion will not apply to foreign nationals to be employed in the poultry farming sector.
In addition, a separate provision applies to poultry farming workplaces employing fewer than 5 Turkish employees. In these workplaces, provided that the number of foreign employees does not exceed the number of Turkish employees, the employment and financial adequacy criteria will not apply to up to 2 foreign nationals.
For example:
Until December 31, 2027, where there is a need for additional foreign labour, the employment criterion will not apply to foreign nationals to be employed in the recycling sector.
In addition, in workplaces employing fewer than 5 Turkish employees, provided that the number of foreign employees does not exceed the number of Turkish employees, the employment and financial adequacy criteria will not apply to up to 2 foreign nationals.
For example:
1. Employment Criterion
As a general rule, workplaces subject to the balance-sheet basis are required to employ at least 5 Turkish citizens for each foreign national. However, where the workplace’s net sales for the previous year amounted to TRY 50 million or more, the employment criterion does not apply to work permit applications for up to 5 foreign nationals.
2. Financial Adequacy Criterion
For newly established workplaces subject to the balance-sheet basis, paid-in capital of at least TRY 500,000 is required.
For operating workplaces, it is sufficient to meet one of the following requirements: paid-in capital of at least TRY 500,000, net sales of at least TRY 8 million, or exports of at least USD 150,000.
3. Salary Criterion
The salary to be paid to the foreign national is determined according to the nature of the occupation.
Information Technology Sector
For occupations requiring expertise such as software development, database management, mobile software, systems and network security, and enterprise architecture, the employment and financial adequacy criteria do not apply to workplaces operating in the information technology sector. For workplaces outside the information technology sector, this exception applies to a maximum of 2 foreign nationals for occupations requiring the same type of expertise.
Education and Healthcare
For education positions requiring professional qualifications, prior authorization must be obtained from the Ministry of National Education or the Council of Higher Education. For professionally qualified positions in the healthcare sector, prior authorization from the Ministry of Health is mandatory. For foreign nationals working in certain professions and positions in public healthcare institutions, the employment, salary, and financial adequacy criteria do not apply.
Domestic Work
Foreign nationals may primarily be employed in domestic work for childcare, care of persons with disabilities or elderly persons, and patient care. The condition of the person receiving care, as well as the employer’s income, assets, and socio-economic status, are also taken into consideration in the application.
Aviation and Public Projects
The employment and financial adequacy criteria do not apply to foreign nationals working in certain senior management and specialist positions at the Turkish representative offices of foreign-flag air carriers. There are also special exemptions from the employment and financial adequacy criteria for foreign nationals working under international projects to which Türkiye is a party and under certain public tenders and contracts.
Advanced Technology, R&D and Technology Development Zones
For jobs requiring advanced technology or investments requiring qualified foreign labour, the general criteria may be partially or fully waived where deemed appropriate by the Directorate General.
For foreign nationals working at R&D and design centres and technology development zones, a positive opinion from the Ministry of Industry and Technology is required, and the employment and financial adequacy criteria do not apply.
Tourism
In certain occupations requiring expertise or craftsmanship in the tourism sector, the employment criterion will not apply where the workplace employs at least 10 Turkish employees.
In addition, special provisions apply under which the employment and financial adequacy criteria do not apply to up to 2 foreign nationals in certain small businesses operating as certified tourism establishments, and to up to 5 foreign nationals in authorized intermediary organizations operating in the health tourism sector.
Livestock
For the employment of shepherds and animal caretakers in livestock enterprises, the enterprise must have at least 200 small ruminants, 100 beef cattle, 50 dairy cattle, or 75 mixed-purpose cattle.
In enterprises meeting these requirements, a work permit may be issued for up to 3 foreign nationals, depending on the number of animals, without applying the employment criterion, and the financial adequacy criterion will also not apply.
For a foreign national who establishes a new workplace or becomes a partner in an existing workplace, the work permit application generally requires the workplace to have paid-in capital of at least TRY 500,000, the foreign national to hold a capital share of at least TRY 500,000, and a partnership interest of at least 20%.
In addition, the workplace is generally required to employ at least 5 Turkish citizens. However, where the foreign national’s capital share is USD 100,000 or more, these capital and employment criteria will not apply.
For certain foreign nationals, the employment, financial adequacy, and salary criteria do not apply. Foreign nationals exempt from these criteria include:
NOTE: Exemption from the criteria does not, by itself, constitute an absolute right to obtain a work permit.
*Foreign Students: Foreign students enrolled in full-time associate or undergraduate programs in Türkiye may work on a part-time basis after completing their first year of study. This limitation does not apply to postgraduate students.
Warning! Where a foreign national obtains a work permit by benefiting from an exception based on a particular sector or occupation, an in-country application submitted within 6 months from the commencement of the permit to work for a different employer and outside the sector or occupation to which the exception applies will be assessed negatively unless there is a force majeure event..
Has the requirement of 5 Turkish employees been completely abolished?
No. As a general rule, the requirement of 5 Turkish employees for each foreign national remains in force. However, the amendment of August 3, 2026 introduced specific circumstances in which this criterion does not apply to certain foreign nationals and sectors.
If my workplace has net sales of TRY 50 million or more in the previous year, is the requirement of 5 Turkish employees applicable?
If the workplace’s net sales for the previous year are TRY 50 million or more, the employment criterion does not apply to applications for up to 5 foreign nationals. However, financial adequacy and other work permit requirements are assessed separately.
How many Turkish employees are required for a foreign national who has previously been present in Türkiye for at least 1 year?
For foreign nationals who have been legally present in Türkiye for at least 1 year during the last 3 years under a work permit, residence permit, or international protection status, the employment and financial adequacy criteria do not apply to the first 3 foreign nationals. However, the number of foreign employees may not exceed the number of Turkish employees.
Does the requirement of 5 Turkish employees apply in the manufacturing sector?
Where there is a need for additional foreign labour, until December 31, 2027, the employment criterion does not apply to 1 foreign national for every 5 Turkish employees.
Can workplaces in the poultry farming and recycling sectors that do not have 5 Turkish employees employ foreign nationals?
Yes. In workplaces employing fewer than 5 Turkish citizens, provided that the number of foreign employees does not exceed the number of Turkish employees, the employment and financial adequacy criteria do not apply to up to 2 foreign nationals.
Are the employment criterion and financial adequacy criterion the same?
No. The employment criterion concerns the number of Turkish employees, whereas the financial adequacy criterion concerns capital, net sales, or export figures. The fact that an exception removes the employment criterion does not mean that the financial adequacy criterion is also removed.
Does benefiting from an exception guarantee that the foreign national will receive a work permit?
No. An exception only means that the relevant evaluation criterion will not apply. The work permit application is still assessed separately under other legal requirements and Türkiye’s international labour policy.
For a Foreign Work Permit Application
Contact Us!
