Erdal Nuhbasa – Law and Consulting Firm – Legal Services

ERDAL NUHBASA 

LAW AND CONSULTING FIRM

amnesty residency

Amnesty for Illegal Foreigners in Turkey and Necessary Conditions

     A new regulation has been introduced in Turkey for foreigners wishing to work in domestic services. As of March 2025, an exceptional application process has been launched by the Ministry of Interior, allowing individuals who cannot schedule an appointment through the e-residence system to apply manually with a written petition. 

     In this context, firstly, a 6-month residence permit will be issued, and then a transition to legal status will be ensured by obtaining a work permit. So, what conditions must illegal foreigners fulfill in order to obtain a work permit by taking advantage of this amnesty? Here are the details.

What are the Requirements for an Illegal Foreigner to Obtain a Work Permit?

     Foreigners living in Turkey illegally are offered the opportunity to obtain work permits if they meet certain conditions. This process specifically covers illegal foreigners who want to work in domestic services and aims to provide legal status to those who fulfill certain criteria. 

     Below are the main requirements that illegal aliens must meet in order to benefit from this amnesty and obtain a work permit. The fulfillment of these conditions is of great importance for the positive outcome of the applications.

    1. Legal Entry Requirement

     In order for an illegal foreigner to benefit from this amnesty, they must have entered Turkey legally. Those who entered illegally will not be able to benefit from this opportunity. Entry into Turkey with a passport or legal visa is a prerequisite for application.

     2. Passport Period 

     The passport of the person who will apply for a residence permit and work permit must be valid for at least 8 months. Persons with a passport expiry of less than 8 months should renew their passport before applying.

    3. Not Having Criminal Record and Restriction Code

     The applicant must have a clean criminal record. He/she must not have been convicted of any criminal offense and must not have any restraining order (entry ban, deportation order, etc.). The Migration Management Authority scrutinizes the applicants’ criminal records.

    4. Letter of Undertaking by the Employer

      In order to obtain a work permit, the foreigner to be employed in domestic services must obtain a letter of undertaking from the employer. This letter of undertaking is an official document in which the employer declares that he/she will employ the foreign employee for a certain period of time and will act in accordance with the working conditions. The employer must provide this letter of undertaking in order to complete the application process.

What the Letter of Undertaking Should Include?

      As of March 2025, the Ministry of Interior has introduced a new regulation requiring a notarized commitment document for foreign workers employed in domestic services. The Directorate of Migration Management has enabled manual applications for foreigners who are unable to book an appointment through the e-residence system. However, submitting a notarized declaration of commitment is a mandatory requirement for this application.

This document serves as a formal agreement in which the employer assumes responsibility for the foreign worker and commits to completing the work permit process. The employer must first apply for the foreign worker’s residence permit, followed by the work permit and social security registration. Failure to comply with these obligations may result in legal consequences under the Turkish Penal Code (TCK).

foreigners

     Employers who wish to hire a foreign worker in the home care sector must take full responsibility for ensuring that all legal requirements are met. This commitment is a crucial part of the work permit application process and serves as a guarantee that the employer will comply with Turkish labor and immigration laws. 

     By signing the declaration of commitment, the employer acknowledges their obligations, including the worker’s legal registration, social security procedures, and overall compliance with employment regulations. Failure to fulfill these responsibilities may lead to legal consequences

     The key commitments of the employer are outlined as follows:

  • I will ensure that the foreign worker I employ in domestic services complies with legal obligations.
  • I will complete the necessary procedures for the work permit application (address registration, health insurance, etc.)
  • I will register the foreign worker with the Social Security Institution (SGK) after obtaining the work permit.
  • I acknowledge that failure to fulfill these responsibilities may result in legal penalties under Turkish law.
  • If I do not complete the required procedures for the foreign worker, I accept that actions will be taken against me in accordance with the relevant regulations.

     NOTE: This commitment can only be used once, and if the foreign worker does not obtain a work permit, they will remain classified as an irregular migrant.

How is the Application Process?

     The process of obtaining a residence and work permit for foreign workers in domestic services consists of several steps. The employee is responsible for ensuring that each stage is completed correctly.
     1. Requesting a Manual Appointment from the Kumkapı Migration Office 

     To obtain a manual appointment, foreigner or an authorized attorney must personally visit the Kumkapı Migration Office and submit the following documents:

  • A notarized commitment letter from the employer 
  • A screenshot proving that an online appointment could not be scheduled through the e-residence system 
  • A petition explaining the inability to obtain an online appointment 

     After submitting these documents, an SMS will be sent to the registered phone number with the appointment date and time. On the day of the appointment, the foreign worker and employer must visit the Migration Office in person to complete the residence permit application. 

     2. Submission of Documents at the Migration Office

     On the day of the appointment, both the employer and the foreign worker must personally visit the Migration Office to submit the required documents. If they cannot attend in person, they may authorize a lawyer to handle the application process on their behalf by granting a power of attorney. 

     3. Work Permit Application 

     Once the residence permit is obtained, the employer must apply for the work permit through the e-Government (e-Devlet) system. After completing the necessary documents, the work permit application is processed. Once approved, the foreign worker can legally start working in domestic services.

Conclusion

     This amnesty offers a great opportunity for illegal foreigners who want to work in domestic services. Those who fulfill the requirements of legal entry, valid passport, clean criminal record and employer commitment will be able to obtain the right to work legally in Turkey. For illegal aliens who want to live and work permanently in Turkey, this process will be an important step for them to get rid of their illegal status.

     If you have any questions or need assistance with residence permit, feel free to reach out. We will be happy to guide you through the process and ensure that you make a well-informed decision!

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