Foreign director of a Turkish company: how the work permit and residence fit together

A foreigner who runs a Turkish company needs two things in order: the right to work and the right to stay. For a director these usually come in one document, because a valid work permit counts as a residence permit. This guide explains the link, the temporary route open to a founder before the company is running, the durations, the family position and what the bank expects.

Work permit and residence: one document

Under Article 27(1) of Law No. 6458 on Foreigners and International Protection, a valid work permit counts as a residence permit. The Ministry of Labour says the same in its FAQ: a foreigner with a work permit does not take a separate residence permit, and the right to stay ends on the day the work permit ends. The holder still pays the residence card fee. The reverse does not hold: a residence permit alone gives no right to work, whether it is short-term, family, property-based or student. Work without a permit or exemption exposes both the person and the company to administrative fines and can end the stay. Work permits issued to international protection applicants and temporary protection holders are an exception and do not replace residence. For a director the practical result is simple: one application to the Ministry of Labour through e-İzin, and one card that serves both purposes.

Which director needs a work permit

The Ministry draws a line between active and passive roles. Under its FAQ, a foreign partner who is a manager of a limited company, a shareholder board member of a joint-stock company or a managing partner of a company limited by shares works under a work permit. Non-resident board members of a joint-stock company and non-managing partners fall under the work permit exemption instead. A company applying for its first foreign director meets the same conditions as any employer, including the ratio of one foreigner to five Turkish employees, with relief for companies that satisfy the direct foreign investment criteria; our employer guide sets out the thresholds. Before the company exists or while it prepares to trade, a founder can stay on a short-term residence permit for commercial ties under Article 31(1)(c) of Law No. 6458, granted for up to two years at a time. That permit gives no right to work.

Durations and renewal

The first work permit is issued for up to one year and never for longer than the employment contract. The first extension with the same employer can be up to two years and later extensions up to three. A permit is issued for a period at least 60 days shorter than the validity of the passport. Apply for an extension within the 60 days before expiry and always before it. While the review is pending, the foreigner may keep working for up to 90 days after expiry if the job and workplace are unchanged. After long lawful work, an indefinite work permit may be requested, which the Ministry renews every five years; the application falls in the six months before the five years end. A short-term residence permit, by contrast, is renewed through the Migration Management office, with valid health insurance for the whole period requested.

Family members

The spouse and minor dependent children of a work permit holder can apply for a family residence permit under Articles 34 and 35 of Law No. 6458. The usual one-year prior-residence condition does not apply when the sponsor holds a work permit. The sponsor still has to show sufficient income, suitable housing, a registered address, a clean criminal-record check and comprehensive family health insurance. The permit is granted for up to three years at a time and cannot run past the sponsor’s own permit, so it follows the director’s renewals. A family permit does not give the spouse a right to work; a spouse who wants to work, or who will also direct the company, needs a work permit or exemption of their own. Parents are not covered and must use another ground. Our family residence permit guide lists the documents and the typical weak points.

Documents, authorities and the bank

Two authorities are involved. The Ministry of Labour decides the work permit; the Migration Management office handles short-term and family permits and the residence card. The company side of the file usually contains the trade registry extract, signature circular, tax plate, capital and shareholder evidence, SGK registration and the director’s passport, photograph and apostilled, translated diploma or CV where requested. The bank applies its own checks under the anti-laundering rules. For a director with signing power it normally asks for the passport, the work permit or residence card, an address proof, the tax number, the registry extract, the signature circular and information on every shareholder above 25 percent. The card is often the first thing it checks, so plan the bank visit after the permit is issued and keep the expiry date in view.

Sources

• csgb.gov.tr — Ministry of Labour, International Labour Force FAQ: work permit durations, company partners, residence
• goc.gov.tr — Presidency of Migration Management: residence permits, e-İkamet
• mevzuat.gov.tr — Law No. 6458 (arts. 27, 31, 34-35) and Law No. 6735; read through consolidated copies because the official site blocks automated access
• masak.hmb.gov.tr — MASAK: customer identification and beneficial-owner obligations of banks

Questions