Newsletter-21
318 NEWSLETTER 2016 occupational training or internship with an employer in Turkey and foreign cross-border service providers resident in Turkey rendering services on temporary basis and real and legal persons currently em- ploying or intending to employ foreign nationals. Application for Work Permit, Process and Extension The Law in Articles 6 to 15 set forth principles concerning work permit applications and assessment on the applications by the Ministry of Labor and Social Security (“Ministry”) which is identified as the decision making institution. In principle, the Law requires all foreign nationals subject to this Law to have a work permit to be employed in Turkey where an exemption is granted to foreign nationals who are permitted to be employed in Turkey without a work permit pursuant to bilateral or multilateral agreements or international conventions of which Turkey is a signatory. Turkish citizens who intentionally de- nounced their citizenship pursuant to the permitted circumstance under Article 18 of the Turkish Citizenship Law (No. 5901) will be subject to the work permit requirement under the Law 2 . The procedure for application and extension of work permits shall be submitted directly to the Ministry or to or Consular Offices of the Turkish embassies or Turkish Consulates General in the residency of the foreign applicant. The period for evaluation shall be completed and the decision on the work permit application shall be rendered within 30 days upon the date of the application provided however the application file is complete 3 . Article 8 of the Law classifies certain professions in healthcare and education services requiring certain specialized competence and training and requires a “pre-permit” for foreigners in such professions with the purpose of evaluating the competence and eligibility of the foreign applicant by authorized governmental authorities (i.e. The Council of Higher Education; Ministry of Science, Industry and Tech- nology). The Ministry may, pursuant to Article 9, reject work permit applications which (i) do not comply with international labor policy; (ii) are submitted for jobs and occupations which are restricted to be performed by Turkish nationals; (iii) the applicant does not possess 2 Article 6 of the Law. 3 Article 7 of the Law.
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