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NEWS LETTER 2 0 1 0

192

New Criteria for Granting Permission to Work to Foreigners

Have Been Applied Since 2 August 2010

*

Inorder to ensure objective and efficient processingof requests by foreigners

for permission to work certain criteria have been established pursuant to

the Regulation on the Application of the Law on Working Permissions for

Foreigners article 13. Those criteria, to be applied beginning on 2 August

2010, are as follows:

1- The recruitment of at least five Turkish nationals in the business

place where the foreigner requests permission to work is mandatory.

If the foreigner asking for permission is a shareholder of the company,

the condition of the recruitment of at least five Turkish citizens must be

fulfilled for the last six months of the one year permission period to be

granted by the Ministry. If more than one foreigner requests permission to

work in the same business place, the recruitment of at least five Turkish

citizens is necessary for each foreigner.

2- The paid-in capital of the business place must be at least 100.000 TL;

its gross sales must be at least 800.000 TL; or its amount of imports must

be at least 250.000 USD.

3- The second paragraph for the working permissions of foreigners who will

work for associations and foundations and the first and second paragraphs

for the foreigners who will work at the Turkish representations of foreign

state airlines, in the education sector, and house works do not apply.

4- The capital share of the foreigner who is a shareholder of the company

must be at least 20% and cannot be less than 40.000 TL.

5- The monthly salary to be paid to the foreigner must be appropriate for

the position and sufficiency of the foreigner. Accordingly, based on the

current amount of the minimum wage on the date of the application, the

monthly salary to be paid to the foreigner must be at least:

a) 6.5 times the minimum wage for executive managers, pilots, civil

engineers, and architects who apply for preliminary permission,

b) 4 times the minimum wage for unit or branch directors, civil

engineers, and architects,

*

Article of July 2010