What is an Exceptional Work Permit?

An exceptional work permit is a type of work authorization granted to foreigners who meet specific criteria outlined in Article 16 of the International Labor Force Law (Law No. 6735). These criteria are limited and specifically defined by the law, allowing eligible foreigners to apply for an exceptional work permit.

The following categories of foreigners can apply for exceptional work permits under Article 16 of Law No. 6735:

• Foreigners deemed highly qualified in terms of education, professional experience, or contributions to science and technology.

• Foreigners who are considered qualified investors based on the nature of their investments, export potential, job creation capacity, and contribution to science and technology in Turkey.

• Foreigners who will be working in Turkey on a specific project for a limited time.

• Foreigners recognized as being of Turkish descent by relevant ministries.

• TRNC citizens are eligible for exceptional work permits.

• Foreigners who are citizens of European Union (EU) member states.

• Foreigners married to Turkish citizens who live within the marital union.

• Includes conditional refugees, stateless individuals, temporary protection status holders, and victims of human trafficking, as defined under the Law on Foreigners and International Protection (Law No. 6458).

• Foreigners working in diplomatic missions or international organizations in Turkey, without diplomatic immunity.

• Foreigners providing cross-border services to Turkish companies.

• Foreigners who have achieved international success in sports, arts, science, or culture.

While an exceptional work permit is still a form of work authorization, it does not exempt foreigners from obtaining a work permit. It simply allows for a more flexible application process for eligible foreigners, based on their qualifications, achievements, or special status.

Applications for exceptional work permits can be made either from within Turkey or from abroad, depending on the foreigner’s current location:

• Foreigners who have a valid residence permit of at least 6 months can apply for an exceptional work permit from within Turkey through the Ministry of Labor and Social Security (MLSS).

• Foreigners residing abroad can submit their applications through the Turkish Consulates in their home country or country of permanent residence.

The process for exceptional work permit applications does not differ significantly from standard work permit applications. However, the evaluation criteria are more flexible, and the following requirements do not apply:

1. Employment of at least 5 Turkish citizens by the employer.
2. Minimum paid-in capital of 100,000 TRY for the company.
3. Minimum gross sales of 800,000 TRY for companies with capital below 100,000 TRY.
4. Foreign partner's minimum capital share of 40,000 TRY and a minimum 20% shareholding.

The documents required for exceptional work permit applications are generally the same as those for regular work permit applications. However, the eligibility criteria allow for more streamlined approval: