Working Permit But "between Jobs"

Ok, I,ve searched and even though there is loooads of info about work permits which i understand - no job no permit. But what is the situation when you are between jobs, i.e:

My company has an official office in Istanbul and will be willing to support my work permit application if i go to work there. But my partner and I intend to leave our jobs and settle down in southern Turkeu, and get another employer. Is the work permit transferable between employers? Is there a time laspe of "between jobs"?


Thanks
Alison

Hi Alison,


Your situation is governed by the law on work permits for foreigners, and its respective bylaw that regulates the matter in much detail (http://www.calisma.gov.tr/birimler/c...cal_izni1_.htm[/url]>
As far as I understand you do not have a work permit yet, and you live abroad.
Simply, there are four kinds of work permits according to the law: For a limited time only (chapter beginning with Sec. 25), for unlimited time (chapter beginning with Sec. 31), independent (chapter beginning withSec. 36) and exceptional (chapter beginning with sec. 43 -here sec. 53 might be relevant if you are supposed to be "key personal", which again is defined by the same bylaw -executive directors etc. of the firms doing business with Turkish public agencies. Furthermore if you are a European Union national, -Alison might well come from GB -smiley- your situation can be governed by sec. 50 which might -if some other conditions are met- allow you to look for jobs inbetween).

Provided that your situation does not fall under "exceptional" (other categories "unlimited" and "independent" require earlier residence for a certain time in Turkey), it is supposed to be for "a limited time only". This category allows you to work at "a certain employer" in order to do "a certain job". For the first time you apply, you get a work permit for one year. Then it may be extended up to two years, again "at the same employer" and for "the same job". Unless you have worked for at least three years, you may not work at a different employer. Thus, after three years, you may work at a different employer but must do "the same or similar job". This again may be extended for another three years. All this means that, in order to be eligible for the category "for unlimited time" (which means at whomever you would like do doing whatever business you wish to do), you must have worked for at least six years i Turkey. Then you are free.

There is a form to be filled prior to applying for a work permit. If possible, check with your company, you can make sure that your profession covers as many underbranches as possible to give you later the possibility to look for an array of jobs at different employers after you worked for at least three years at the Istanbul branch of your present firm.

All that said please give more detail on


1. Whether you are a EU national

2. Whether you would like to look for same or similar jobs in southern Turkey as you have now (provided that you can hold working at your company's Istanbul branch for three years -smiley-)

3. What kind of a job would you carry out in Istanbul and what would be your position there.

4. Is the Istanbul branch doing business with Turkish government entities?

Take a look at a reliable web source in Turkish or have it translated for you. It is the text of the bylaw governing work permits for foreigners, clarifying the current acts regulating the matter, in much detail.

<http://www.calisma.gov.tr/birimler/c...cal_izni1_.htm>

In general, you can find information at the website of the Labor Ministery (<http://www.calisma.gov.tr>

Last but not least, during all of these periods you should obey the respective provisions regulating residence and not stay away from the country for longer periods that are regulated by residence law.

In summary, the work permit is principally not transferable if above periods haven't yet passed. You probably will get a work permit for one year which could be extended up to three years at the same employer. Then you may change employers but not the profession for another three years. After then you may look for employers and whatever job you might want to carry out in southern Turkey.

Hope this helps,

Sincerely

Dr. Didem Aydin (Associate Professor in and Attorney at Law)

Alıntı: Alıntı yapılan mesajın sahibi: Konuk Ok, I,ve searched and even though there is loooads of info about work permits which i understand - no job no permit. But what is the situation when you are between jobs, i.e: My company has an official office in Istanbul and will be willing to support my work permit application if i go to work there. But my partner and I intend to leave our jobs and settle down in southern Turkeu, and get another employer. Is the work permit transferable between employers? Is there a time laspe of "between jobs"? Thanks Alison

Thank you Dr Didem Aydin,

I would be looking at time period permit.
my partner and I are both GB nationals.
Unfortunately my plan was to only work for my employer as an accountant in istanbul for less than one year when i moved to southern Turkey. Therefore i guess i cannot transfer employers within the first year work permit.

when we move to South Turkey i an hoping to go into selling real estate employed by a turkish company, I am right in saying that i cannot do my present occupation for six years in turkey (accountant)?

Also i would only expect to work six months of the year owing to the trend/seasonal work, three months no work or obtain work elsewhere, we own two houses in southern turkey, and return to england for three months each year.

I have also read a clause that no foreigner can do a job that a turkish person could do, what does that actually mean? as far as i am aware turkish people can do a job just as well as anyone else!.

many thanks for your help
Alison

Hi Alison,

Your welcome. I will get back to you as soon as possible concerning your questions.

Alıntı: Alıntı yapılan mesajın sahibi: Konuk Thank you Dr Didem Aydin, I would be looking at time period permit. my partner and I are both GB nationals. Unfortunately my plan was to only work for my employer as an accountant in istanbul for less than one year when i moved to southern Turkey. Therefore i guess i cannot transfer employers within the first year work permit. when we move to South Turkey i an hoping to go into selling real estate employed by a turkish company, I am right in saying that i cannot do my present occupation for six years in turkey (accountant)? Also i would only expect to work six months of the year owing to the trend/seasonal work, three months no work or obtain work elsewhere, we own two houses in southern turkey, and return to england for three months each year. I have also read a clause that no foreigner can do a job that a turkish person could do, what does that actually mean? as far as i am aware turkish people can do a job just as well as anyone else!. many thanks for your help Alison

Hi Alison,

As I pointed out in my first reply, for EU nationals, the situation “may be” different. Just recall that these can be issued an “indipent work permit” according to the rule of “exemption from earlier residence”.
Foreign nationals who have been resident in Turkey for five years prior to applying can obtain an independent work permit (independent is to mean independent from a determined employer and/or from a determined profession).
EU nationals can be exempted from the requirement of prior residence, so can you being a British national.
Probably, it is better for you to try this option. This will ensure a possibility for seasonal work. Although it appears as a discretionary rule, I do not see any ground to reject the application by an EU-national, who already has an employer, or better, who owns real estate in Turkey. The only issue at the beginning is whether they would prefer to issue a permit “for a limited time only”. Before applying, just arrange an information meeting with a competent person at the nearest Turkish consulate. Note that it might be necessary that you would have to go to England in order to adjust your status in terms of “independency” after having served for a limited time only in Turkey at the Istanbul branch of your company. I mean less than a year in Istanbul. Sorry to formulate vague phrases but for the most part, alien law includes many discretionary rules. Individual situations are quite significant in this field.
There is an array of professions that are reserved for Turkish citizens. The list is long but “accountant” will not necessarily be one of them.
The same bylaw which I had mentioned earlier states that if a Turkish person is found, within 4 weeks after a foreign national’s application, to be as much competent as the applicant foreigner, then the request of the foreigner shall be rejected. In addition, applications can be rejected due to some economic, social and the like conjuctions, which the competent authority will determine over regular periods. Respective reports and directives are issued. But this should not be of much concern.

Furthermore, please note that according to the new Law on Direct Foreign Investments" of 2003, you may also want to establish a firm in Turkey.

Hope this was of some further help, If you have further questions, don't hesitate to ask.


Dr. D. Aydın

Alıntı: Alıntı yapılan mesajın sahibi: Konuk Thank you Dr Didem Aydin, I would be looking at time period permit. my partner and I are both GB nationals. Unfortunately my plan was to only work for my employer as an accountant in istanbul for less than one year when i moved to southern Turkey. Therefore i guess i cannot transfer employers within the first year work permit. when we move to South Turkey i an hoping to go into selling real estate employed by a turkish company, I am right in saying that i cannot do my present occupation for six years in turkey (accountant)? Also i would only expect to work six months of the year owing to the trend/seasonal work, three months no work or obtain work elsewhere, we own two houses in southern turkey, and return to england for three months each year. I have also read a clause that no foreigner can do a job that a turkish person could do, what does that actually mean? as far as i am aware turkish people can do a job just as well as anyone else!. many thanks for your help Alison