Immigration and Citizenship Law
Foreign Work Permit: How to Obtain a Work Permit by Establishing a Company?
In this article 6 headings
Foreigner Work Permit, How to Obtain a Work Permit by Establishing a Company?,Work Permit Through a Company and Company Formation for Foreigners; is one of the most frequently asked questions by foreigners who wish to start a business and work in Turkey.
The biggest mistake made in practice is without having a legal residence status in Turkey, thinking that a work permit can be obtained by establishing a company. This belief is incorrect and results in a definitive rejection.
Foreigners whose visa exemption period has expired or who do not hold a valid residence permit are considered "undocumented" from an administrative perspective. These individuals cannot apply for a work permit or residence permit from within Turkey.
However, those with a valid visa exemption period or those with a valid residence permit foreigners can obtain a work permit by establishing a company in Turkey.
What is a Work Permit Through Company Establishment?
A work permit through company establishment refers to a foreigner obtaining a work permit on their own behalf via the company they established or are a partner in within Turkey. This method is one of the most common pathways for entrepreneurial foreigners.
A work permit also serves as a document substituting for a residence permit .
Basic Condition for Obtaining a Work Permit by Establishing a Company (VERY IMPORTANT)
Valid Legal Stay Requirement
📌In order to obtain a work permit by establishing a company in Turkey:
- Valid visa exemption period or
- Valid residence permit
must be present.
Clear Warning for Those in Undocumented Status
- If the visa period has expired
- If the residence permit has expired
- If there is no lawful stay in Turkey
👉These individuals are administratively in an "undocumented" status.
Foreigners in an undocumented status cannot apply for a work permit or residence permit from within Turkey. Such applications are strictly rejected.
These individuals must first exit and re-enter the country to acquire legal status.
Who Can Obtain a Work Permit by Establishing a Company?
- Those with a valid visa exemption period
- Those with a valid residence permit
- Those who actually hold legal status in Turkey
📌 These individuals can apply from within Turkey and obtain a work permit through their companies.
Does the Company Type Matter?
No. It is not a requirement for the company to be of a specific type.
A work permit can be obtained with the following company types:
- Limited liability company
- Joint-stock company
- Ordinary partnership (sole proprietorship)
Important Note
📌A work permit can also be obtained by establishing an ordinary partnership (sole proprietorship).
This matter is frequently misunderstood in practice.
Establishment of Ordinary Partnerships by Foreigners in Turkey (With a Focus on Istanbul)
Particularly, In the Province of Istanbul, for the establishment of ordinary partnerships by foreigners additional obligations are available.
Required Documents (Indicative)
- Registration with the Chamber of Tradesmen and Craftsmen
- Regarding the activity to be established certificate / mastership certificate
- Certificate of competence or professional qualification
- Tax registration and commercial documents
📌Without these documents, the establishment of an ordinary partnership is practically impossible.
Application Process for a Work Permit Through Company Establishment
Step-by-Step Process
- Verification of the foreigner's legal residence status
- Company incorporation
- Tax and chamber registrations
- Work permit application
- Ministry evaluation
Every step is interconnected and leaves no room for error.
Can a Work Permit Be Obtained Without a Residence Permit?
The answer to this question is also clear regarding company formation:
📌No, it cannot be obtained.
- If there is no residence permit
- If the visa exemption period has expired
👉 Türkiye içinden hiçbir şekilde çalışma izni başvurusu yapılamaz.
Yurt Dışından Çalışma İzni Başvurusu Alternatifi
The only option for foreigners with irregular status:
- Türkiye’den çıkış
- Application from abroad via the consulate
In this case ikamet izni şartı aranmaz, but the process takes longer.
General Evaluation by Company Types
Scroll horizontally to view the full table
| Company Type | Can a Work Permit Be Obtained? | Special Conditions |
| Limited Liability Company | Yes | Standard procedure |
| Joint Stock Company | Yes | Capital and partnership structure |
| Sole Proprietorship (Ordinary Partnership) | Yes | Chamber registration, certificate, competency |
| Company Established in Undocumented Status | No | Application definitively rejected |
Most Common Mistakes in Practice
- Applying after the visa expiration date
- Attempting to establish a company while having fugitive status
- Not knowing the required documents for an ordinary partnership
- Proceeding with the process without expert support
These errors leads to loss of time, money, and rights .
The Importance of Working with a Work Permit Lawyer
The work permit process through company establishment is;
- A technical
- administrative
- and practice-based
process. Yabancılar Hukuku Avukatı support prevents missteps right from the start.
Frequently Asked Questions (FAQ)
I established a company but I do not have a residence permit, can I obtain a work permit?
No. If there is no residence permit or valid visa exemption, the application will be definitively rejected.
Can a work permit be obtained for an ordinary partnership (adi şirket)?
Yes. However, additional documents and chamber registrations are required, especially in Istanbul.
My visa has expired, what should I do?
You must first exit Turkey and acquire a legal status.
Does establishing a company automatically grant a work permit?
No. A work permit must be applied for separately.
Conclusion
In summary;
- Those with a valid visa exemption or residence permit, can obtain a work permit by establishing a company in Turkey.
- Those whose visa has expired or who do not have a residence permit are in an undocumented status.
- Work permit applications made while in an undocumented status are definitively rejected.
- Obtaining a work permit is possible with various company types, including ordinary partnerships (adi şirket).
Proper planning determines the outcome of the process.
Legal Support
During the process of obtaining a work permit by establishing a company, avoiding missteps, prevents consequences that are difficult to remedy.
For a case-specific assessment and legal roadmap, https://batinyilmaz.av.tr/iletisim/ at our address.
Attorney Batın YILMAZ
Work Permit Lawyer – Immigration and Foreigners Law Attorney
This article is for general informational purposes and does not constitute legal advice. Legislation and practice may have changed after the publication date; you may consult us for an evaluation specific to your file.