International Labor Law Implementation Regulation No. 6735 (“Regulation”) is entered into force with its publication in Official Gazette dated 02.02.2022 and numbered 31738.. In accordance with the Article 68 of Regulation, Implementation of Regulation of the Law on Work Permits of Foreigners dated 29/8/2003 has been repealed.
With the “Regulation on the Amendment to the Implementation Regulation of the International Labor Law” published in the Official Gazette dated 15.10.2024 and numbered 32693, changes and additions have been made to the Regulation on foreigners who will be exempt from work permits, application for work permit exemption and some other issues.
In the Regulation on the Amendment to the Implementation Regulation of the International Labor Law, the phrase “six months” in subparagraph (h) of the first paragraph of Article 48 of the International Labor Law Implementation Regulation has been changed to “three years”, the phrase “with a sports legitimate visa” in subparagraph (k) of the same paragraph has been repealed and the following paragraphs are added to the same paragraph:
“(ş) Those reported by the Ministry of Interior within the scope of Articles 46 and 91 of the Law No. 6458, within the scope and periods specified in the notification,
t) Provided that the Presidential Communication Presidency has the appropriate opinion, foreign press members who come within the scope of the permanent press card during their duties,” phrases included.
This phrase is examined below:
With the new amendment to the Article 48 subparagraph “h” of the Regulation, “h) Foreigners who are reported by the relevant public institutions and organizations that they can provide significant services and contributions to Turkey in economic, socio-cultural and technological fields and education (Changed phrase:RG-15/10/2024-32693) up to three years“. While the period here was “6 months”, it was changed to “3 years” with the new regulation. The specified notification will be made by public institutions and organizations. Therefore, this institution or organization will be appreciated by being a foreigner and providing important services and contributions to Turkey.
Article 48 of The Regulation subparagraph k, “Provided that there is an appropriate opinion of the Ministry of Youth and Sports or the Turkish Football Federation (Repealed phrase: RG-15/10/2024-32693), professional foreign athletes and coaches, sports physicians, sports physiotherapists, sports mechanics, sports masseuses or masseus and similar sports personnel who come to Turkey, during their contracts with the foreign sports federations and sports clubs,” the phrase “sports legitimate visa” in the new form has been repealed. “ş” and “t”subparagraphs are added to the same article.
With the amendment,”ş” subparagraph is added to the regulation, “ş) Those reported on the system by the Ministry of Interior within the scope of Articles 46 and 91 of the Law No. 6458, within the scope and periods specified in the notification,” Law No. 6458 is the Law on Foreigners and International Protection (“Law No. 6458”) and the 46th Humanitarian Residence Permit titled Humanitarian Residence Permit. In the Article; humanitarian permits to be given by the governorships may be approved and extended by the General Directorate, provided that they are limited to the periods determined by the Ministry of Interior. Humanitarian permits are in the following paragraphs:
“a) In case of the high benefit of the child
b) When a deportation or entry ban decision has been made against them, when foreigners cannot be made to leave Turkey or when it is not considered reasonable or possible to leave Turkey
c) When a deportation decision is not made about the foreigner in accordance with Article 55
ç) When applying to the judicial process against the transactions made in accordance with Articles 53, 72 and 77
d) During the continuation of the process of returning the applicant to the first asylum country or safe third country
e) When foreigners who are allowed to enter and stay in Turkey for urgent reasons or in terms of public order and public security with the protection of the interests of the country are not allowed to obtain one of the other residence permits due to their situation that constitutes an obstacle to the issuance of a residence permit
f) In exceptional cases,”.
Article 91 of the Law No. 6458 regulates the temporary protection status. 91st Article of the Law No 6458 is, “Temporary protection can be provided to foreigners who are forced to leave their country, cannot return to the country they left, come to the borders en masse or cross the borders in order to find urgent and temporary protection.
2) The admission of these persons to Turkey, their stay in Turkey, their rights and obligations, the actions to be taken upon their departure from Turkey, the cooperation and coordination between national and international institutions and organizations with the measures to be taken against mass movements, the determination of the duties and authorities of the institutions and organizations that will work in the center and provinces, is regulated by the regulation to be issued by the President.” Stated.
In this context, with the latest amendment made to the Regulation, the 46th and 91st Article of the Law No. 6458 mentioned above. Those included in the articles are notified by the Ministry of Interior through the system, and will be within the scope of the work permit exemption in the scope and periods specified by notification.
As stated in subparagraph “t”, “Appropriate opinion of the Presidency of Communication, foreign press members who come within the scope of the permanent press card during their duties,” foreigners within the scope will also be evaluated within the scope of work permit exemption.
Application to work permit will be made within the legal periods which the foreigner is allowed to stay in Turkey.
The first paragraph of the Article 53 of Regulation is amended to “(1) For foreigners who have been granted a work permit exemption within the scope of subparagraphs (b) and (c) of the first paragraph of Article 48, a new application cannot be made within the scope of the same exemption for six months from the date of issue, and for the twelve-month period for other work permit exemptions, (i) the calendar year is taken as a basis for foreigners who have been granted work permit exemption within the scope of subparagraphs.”
Article 48 of Regulation, subparagraphs b and c, “b) Foreigners who will come for the purpose of installation, maintenance and repair, use of machinery and equipment exported from Turkey or imported to Turkey or for the purpose of training on the use of goods and equipment imported to Turkey or for the purpose of receiving the equipment or repairing faulty vehicles in Turkey up to a total of three months, c) Cross-border service provide foreigners up to three months”.
With amendment, According to the article of Article 53 of Regulation and subparagraphs (b) and (c) given above, foreigners who have a work exemption permit are subject to a period of 6 months to reapply within the same scope of exemption. This period starts from the date of the previous exemption. In order for exemption from other work permits, period of 12 months is required.
Article 53 of the Regulation, “(6) Those within the scope of subparagraph (ş) of the first paragraph of Article 48 are considered within the scope of work permit exemption within the scope and periods specified in the notification, with exceptions from Articles 49th, 50th and 51st only work permit exemption information form is issued for those within this scope.
(7) The procedures and principles regarding the sixth paragraph are jointly determined by the Ministry and the Ministry of Interior.” Phrases added.
49th Article of the Regulation regulates work permit exemption application, 50th regulates evaluation of the work permit exemption application and 51th article regulates the periods for the work permit exemption. According to the amended version of the Article 53 , the work permit exemption of the persons who are within the scope of humanitarian residence permit and temporary protection within the articles included in subparagraph “ş” of Article 48 will be evaluated within the period and scope to be specified in the notifications made by the Ministry of Interior. It is envisaged that only the work permit exemption form is issued for these people.
