Immigration and Citizenship Law

Work Permit Through Company Incorporation

In this article 29 headings
  1. Can a Work Permit Be Obtained by Establishing a Company?
  2. What Are the Work Permit Requirements for Foreign Company Partners in 2026?
  3. What Is the 20% Partnership Requirement for Company Partners?
  4. What Is the Significance of the 100,000 USD Capital Share?
  5. When Does the Requirement to Employ 5 Turkish Citizens Begin?
  6. How to Obtain a Work Permit According to Company Type?
  7. Work Permit Through Establishing a Limited Liability Company
  8. Work Permit Through Establishing a Joint Stock Company
  9. Work Permit in a Limited Partnership with Capital Divided into Shares
  10. Can a Work Permit Be Obtained by Establishing a Sole Proprietorship?
  11. Why Is Chamber Registration Important in Sole Proprietorships?
  12. Should Certificates Be Included in the Work Permit Application for a Sole Proprietorship?
  13. Which Documents Are Important for a Work Permit Through a Sole Proprietorship?
  14. Does Establishing a Sole Proprietorship Guarantee a Work Permit?
  15. How Is a Work Permit Application Filed After Company Establishment?
  16. Does a Work Permit Also Provide the Right of Residence?
  17. For How Many Years Is the Initial Work Permit Granted?
  18. When Should the Work Permit Extension Application Be Made?
  19. What Happens If a Foreign Company Partner Fails to Meet the 5 Turkish Citizens Requirement?
  20. Is Every Foreign National Who Is a Company Partner Required to Obtain a Work Permit?
  21. Are There Foreigners Exempt from Work Permit Criteria?
  22. New Criteria for Foreigners Legally Residing in Turkey for a Long Time in 2026
  23. Work Permit Process via Company Establishment Summary Table
  24. Common Mistakes in Work Permit Applications Through Company Establishment
  25. Frequently Asked Questions
  26. Evaluating the Company Establishment and Work Permit Process Together
  27. Legal Notice
  28. Author Information
  29. Communication and Legal Information

Foreign nationals who establish a company or become partners in an existing company in Turkey may, under certain conditions, obtain a work permit. However, merely establishing a company or becoming a partner in a company does not automatically grant a work permit. To legally work in Turkey, the foreign national must obtain a work permit pursuant to the International Labour Law No. 6735 and related legislation, or be exempt from the work permit requirement.

The conditions applicable to work permit applications through a company vary depending on the foreign national's legal status within the company, the type of company, their capital share, the company's capital structure, and, in certain cases, the employment of Turkish citizens.

Particularly, there are legal distinctions between a foreign national being a limited liability company partner, joint-stock company partner and board member, managing general partner in a partnership limited by shares, or a sole proprietor operating a business in their own name .

Therefore, when planning a work permit through company establishment, not only the incorporation of the company but also the company type selected during the establishment phase and the role the foreign national will assume in the company must be evaluated in conjunction with work permit regulations.

For general information regarding work permit types, domestic and international application procedures, required documents, and the process for appealing rejection decisions, our foreign work permit guide you may review.

Can a Work Permit Be Obtained by Establishing a Company?

Yes. A foreign national may apply for a work permit by opening a workplace in Turkey or becoming a partner in a company, provided that the required conditions are met.

However, there are two distinct procedures here:

  1. Establishment of the company or business,
  2. Obtaining a work permit on behalf of the foreign national.

The establishment of the company does not mean that a work permit will be granted automatically. Work permit applications are evaluated separately by the Ministry of Labor and Social Security.

In other words, a foreign national may own a company or be a partner in a company in Turkey; however, if they are to actively work within the company, their status under work permit legislation must be evaluated separately.

What Are the Work Permit Requirements for Foreign Company Partners in 2026?

According to the current evaluation criteria published by the Ministry of Labor and Social Security, special criteria apply to foreign nationals who open a new workplace or become a partner in an existing workplace subject to the balance sheet method.

Criterion Basic Condition Applied in 2026
Paid-in capital of the company At least 500,000 TL
Capital amount of the foreign partner At least 500,000 TL
Partnership share of the foreigner At least 20%
Employment of Turkish citizens for the first 6 months The requirement of employing 5 Turkish citizens for the initial work permit is not sought for the first 6 months.
Starting from the 7th month It is essential to employ at least 5 Turkish citizens in the workplace every month.
If the foreigner's capital share is 100,000 USD or more The criteria regarding capital, partnership share, and employment of 5 Turkish citizens do not apply to foreign company partners.

The capital, partnership share, and employment conditions applied to foreign company partners are regulated separately from the general work permit criteria. For all current conditions, work permit evaluation criteria 2026 our guide and the official criteria of the Directorate General of International Labor you may review.

Here, specifically the 500,000 TL requirement from two different perspectives must be evaluated.

First, the paid-in capital of the business in which the foreign national is a partner must be at least 500,000 TL. Second, the foreign partner's own capital share in the company must be at least 500,000 TL.

Therefore, simply having a total company capital of 500,000 TL is not sufficient in every case.

Example of the 500,000 TL Capital Requirement

For instance, let us assume that a limited liability company has a capital of 1,000,000 TL.

If the foreign partner's capital share within the company is 200,000 TL, the foreign national's own capital amount does not meet the 500,000 TL requirement, even though the total capital of the company exceeds the 500,000 TL threshold.

Conversely, if the foreign individual is a 50% partner with a 500,000 TL capital share in a company with a 1,000,000 TL capital, the fundamental criteria regarding the capital amount and minimum partnership ratio are met.

However, fulfilling these criteria does not mean that a work permit will necessarily be granted. Work permit applications are independently evaluated by the Ministry within the scope of relevant legislation and international labor policy.

What Is the 20% Partnership Requirement for Company Partners?

As a rule, it is not sufficient for a foreign national who is a company partner to merely possess a certain amount of capital in a work permit application. The foreign national's partnership ratio within the company must also be at least %20 must be fulfilled.

Therefore, even if the foreign individual contributes 500,000 TL or more in capital, if their share within the company remains below 20%, an issue may arise regarding the general company partner criteria.

For this reason, during the company establishment phase, not only the funds to be invested by the foreign national, but also their partnership percentage is also important in terms of the work permit.

What Is the Significance of the 100,000 USD Capital Share?

There is a significant exception for foreign investors under the current evaluation criteria.

for work permit applications to be filed on behalf of a foreign partner who holds a capital share of 100,000 USD or more, the criteria regarding capital, minimum partnership ratio, and employment of Turkish citizens stipulated for foreign company partners shall not apply.

Therefore, in high-capital investments, the capital share held by the foreigner in the company must be evaluated not only in terms of its Turkish Lira equivalent but also separately with respect to the 100,000 USD threshold.

When Does the Requirement to Employ 5 Turkish Citizens Begin?

For foreigners who obtain a work permit for the first time by establishing a company or becoming a partner in a company, one of the most critical practical issues is the requirement to employ 5 Turkish citizens.

It is also stated in the work permit annotations of the Ministry of Labor and Social Security that, with respect to the initial permit granted to a foreign company partner or business owner, this obligation is not sought for the first six months, and the condition must be fulfilled starting from the seventh month. For detailed explanations of records numbered 22 and 26 on the cards work permit annotations you may review our article.

Work Permit Period 5 Turkish Citizens Requirement
1st month Not Required
2nd month Not Required
3rd month Not Required
4th month Not Required
5th month Not Required
6th month Not Required
7th month and thereafter It is essential to employ at least 5 Turkish citizens every month.

This matter is particularly important for foreigners who will establish a new company. The process does not end with obtaining the initial work permit. The company must comply with its statutory obligations throughout the duration of the work permit.

How to Obtain a Work Permit According to Company Type?

The company or business structure chosen by a foreigner wishing to engage in commercial activities in Turkey may be significant in terms of the work permit.

The legal status of a foreigner is not the same with respect to limited liability companies, joint-stock companies, limited partnerships, and sole proprietorships.

Company or Business Type Position of the Foreigner Status Regarding Work Permit
Limited liability company Company shareholder and manager A foreign partner and manager who will actively work in Turkey must obtain a work permit.
Joint-stock company Company partner and member of the board of directors The work permit status of a foreign board member who will actively perform duties in Turkey shall be evaluated separately.
Joint-stock company Board member not residing in Turkey Provided that the conditions are met, they may benefit from a work permit exemption for up to three months.
Other companies Foreign partner without managerial capacity Provided that the conditions are met, they may benefit from a work permit exemption for up to three months.
Limited partnership with capital divided into shares Managing general partner A foreign managing general partner may work by obtaining a work permit.
Sole proprietorship Foreign business owner Work permit applications can be made with the registry, chamber, license, and professional documents appropriate to the nature of the activity.

Work Permit Through Establishing a Limited Liability Company

One of the company types that foreigners can choose to engage in commercial activities in Turkey is a limited liability company.

It is possible for a foreign national to be a company partner in limited liability companies established pursuant to the Turkish Commercial Code No. 6102. However, being a partner and actually working within the company are not the same legal status.

According to the statements of the Ministry of Labour and Social Security, managers who are partners of limited liability companies may work by obtaining a work permit.

Therefore, if a foreign national is to become a partner in a limited liability company and simultaneously engage in active operations as a manager in the company's management, the work permit aspect must be evaluated in conjunction with the company incorporation.

How Should Capital Be Planned for a Limited Liability Company Partner?

Within the scope of general company partner criteria, the foreigner must meet the following conditions:

  • the paid-in capital of the workplace in which they are a partner must be at least 500,000 TL,
  • their own capital amount must be at least 500,000 TL,
  • their partnership share must be at least 20%

is sought.

For instance, if a foreign national holding a 20% partnership interest in a limited liability company is required to have a capital share of 500,000 TL, the total capital structure of the company must be formed accordingly.

Therefore, rather than realizing the work permit criteria after the company is established, it will be more prudent to evaluate the partnership and capital structure together with the work permit legislation during the incorporation stage.

Work Permit Through Establishing a Joint Stock Company

The work permit status of foreign partners in joint stock companies may exhibit different characteristics compared to limited liability companies.

According to the statement by the Ministry of Labour and Social Security, joint stock companies' board members who are company partners may work by obtaining a work permit.

Here, the concepts of "partnership" and "board membership" must be distinguished from one another.

A foreigner merely owning shares in the company and actively serving in the management of the company may not yield the same legal consequence.

Is Every Foreign Partner of a Joint Stock Company Obligated to Obtain a Work Permit?

No. Simply holding company shares does not require the foreigner to obtain a work permit in every case.

In the statement published by the Ministry, joint stock companies established under the Turkish Commercial Code No. 6102 board members not residing in Turkey and other companies' of shareholders who do not hold an executive capacity it is stated that they are evaluated within the scope of work permit exemption.

Therefore, with respect to joint-stock companies, whether the foreign national;

  • is merely an investor shareholder,
  • is a member of the board of directors,
  • resides in Turkey or not,
  • actually carries out work within the company structure

should be evaluated together.

Work Permit in a Limited Partnership with Capital Divided into Shares

There is also a special regulation under the work permit legislation regarding limited partnerships with capital divided into shares.

In these companies, the foreign general partner who is an executive may work by obtaining a work permit.

Therefore, not only whether the foreign national is merely a company shareholder, but also their management and representation capacity within the company is important in the work permit evaluation.

Whether the financial adequacy and employment criteria regarding foreign shareholders will be applied must be evaluated separately based on the specific legal situation of the company and the foreign national.

Can a Work Permit Be Obtained by Establishing a Sole Proprietorship?

Yes. It is also possible for a foreign national to obtain a work permit by establishing a sole proprietorship.

Regarding the structure referred to in practice as a "sole proprietorship", the foreign national, rather than being a partner in a capital company, operates in the capacity of a workplace owner conducting commercial or professional activities in their own name.

The work permit application system also makes a distinction between "Foreign Company Partner / Workplace Owner".

Therefore, it should not be assumed that establishing a limited liability or joint-stock company is mandatory in every case for obtaining a work permit. Provided that the activity to be carried out is appropriate to its legal nature, the work permit process may also be initiated through a sole proprietorship.

Why Is Chamber Registration Important in Sole Proprietorships?

Merely registering for tax purposes should not be considered sufficient to obtain a work permit through a sole proprietorship. Depending on the nature of the activity to be conducted, the relevant registry and chamber registrations of the business must be completed.

In the statements of the Ministry of Labor and Social Security regarding foreigners working on their own behalf and account, it is stated that for sole proprietors, artisans, and craftsmen, documents demonstrating the operation of the workplace, such as the relevant chamber registry certificate, must be uploaded to the system during the work permit application.

There is an important distinction at this point:

Nature of the Activity Potential Registration Matters
Craftsman and artisan activity Relevant chamber of craftsmen and artisans / registry record
Activity in the capacity of a sole proprietorship merchant Trade registry and relevant chamber of commerce records
Activity requiring special permission or professional qualification Relevant institution, professional organization, license, permit, or qualification documents

Therefore, a general statement such as "every sole proprietorship must necessarily register with the chamber of craftsmen" is technically incorrect. Craftsmen and artisans registry/chamber or trade registry/chamber of commerce registration depending on the nature of the activity may come up.

Should Certificates Be Included in the Work Permit Application for a Sole Proprietorship?

If the scope of activity of the foreigner's sole proprietorship requires specific professional knowledge, craftsmanship, training, certificate, or permit, it is important that the application file contains documents demonstrating that the foreigner possesses the qualification to perform this activity.

For example, depending on the field of activity;

  • diploma,
  • certificate of mastery,
  • vocational qualification certificate,
  • training certificate,
  • activity-related license,
  • permit or authorization certificate issued by the relevant institution

may come up.

The Ministry also requires the submission of a diploma or relevant professional documents for foreigners who will work within the scope of professional services and in professions it deems necessary.

Therefore, having the activity code of the sole proprietorship registered solely in the tax records should not be deemed sufficient; it must be checked whether a separate license, diploma, or certificate is required under the special legislation governing the activity to be performed by the foreigner.

Which Documents Are Important for a Work Permit Through a Sole Proprietorship?

Although the document list may vary depending on the circumstances of the business and the foreigner, the following documents are of particular importance:

Document Why Is It Important?
Passport Verification of the foreigner's identity and passport validity details
Residence permit / foreign identification information Evaluation of domestic application conditions
Tax registration certificate Proof of the business's tax liability and operations
Tradesman or trade registry/chamber registration Documentation of the business's legal and commercial activities
Certificate of activity Demonstration of the business's current operational status
Workplace opening and operating license May be significant depending on the nature of the activity and the licensing process
Diploma / certificate / mastership or qualification documents In the event that the business to be performed requires professional qualification
Workplace documents May contribute to the assessment of whether the business is genuine and active

Since the document list may vary depending on the field of activity, preparing a one-size-fits-all file for every sole proprietorship is not appropriate.

For the fundamental documents to be submitted by the employer and the foreign national, as well as the required documents for company partner and workplace owner applications, documents required for foreign work permit 2026 you may review our guide.

Does Establishing a Sole Proprietorship Guarantee a Work Permit?

No.

Opening a tax registration, completing chamber registration, and establishing a sole proprietorship do not mean that a work permit will be granted automatically.

Work permit applications are evaluated by the Ministry of Labor and Social Security within the framework of Law No. 6735, relevant regulations, current evaluation criteria, and international labor policy.

Therefore, instead of establishing a business merely in form for the sole purpose of obtaining a work permit, the activity the foreigner will actually perform and the legal structure of the business must be correctly determined from the outset.

How Is a Work Permit Application Filed After Company Establishment?

Work permit applications are processed electronically Foreigners' Work Permits Application System (e-Permit) is carried out via.

It is possible for the application to be made from within Turkey or from abroad.

Work Permit Application from Within Turkey

For foreigners who are located in Turkey and possess qualifications suitable for a work permit application, holding a residence permit with a duration of at least six months and remaining valid as of the application date, an in-country application may be made.

In this case, the foreigner is defined in the system using the foreign identification number starting with 99.

However, having a residence permit does not grant the right to work by itself. Actual work must not commence without obtaining a work permit.

Work Permit Application from Abroad

If the foreigner does not hold a residence permit suitable for an in-country application, the work permit process can be initiated from abroad.

The foreigner applies for a work visa at the diplomatic mission of the Republic of Turkey in their country of citizenship or legal residence.

Issued by the diplomatic mission 16-digit reference number is used to complete the work permit application in Turkey via the e-Permit system.

Does a Work Permit Also Provide the Right of Residence?

A work permit issued pursuant to the International Labour Law No. 6735 grants the foreigner, as a rule, within its validity period in Turkey, the right to work and reside ensures.

Pursuant to the Law on Foreigners and International Protection No. 6458, a work permit substitutes for a residence permit.

However, there are special provisions regarding international protection applicants, conditional refugees, and persons under temporary protection.

For How Many Years Is the Initial Work Permit Granted?

Although evaluations are made based on the type of work permit and the nature of the application, the initial work permit for a definite period can be issued for a maximum of one year .

It is possible to issue a permit for a maximum of two years for the first extension application, and up to a maximum of three years for subsequent extension applications, provided that the conditions stipulated in the legislation are met.

For foreign company partners or workplace owners, particular attention must be paid during the extension stage to the annotations on the work permit and the employment obligations that must be fulfilled throughout the permit period.

For the conditions regarding the one-, two-, and three-year permit durations applicable to initial applications, first extensions, and subsequent extensions, definite work permit 2026 you may review our guide.

When Should the Work Permit Extension Application Be Made?

Applications for the extension of an existing work permit must be submitted starting 60 days before the expiration of the permit period and in any event prior to the expiration of the permit. must be consulted.

Applications made after the expiration of the work permit are not evaluated as extension applications, but rather according to the procedures and principles applicable to initial applications.

Therefore, it is important, particularly for foreign company partners, to jointly monitor their permit expiration dates and employment obligations.

For detailed information regarding the timeframe in which an extension application can be made, the same employer condition, required documents, and the consequences of untimely applications, work permit extension application you may review our guide.

What Happens If a Foreign Company Partner Fails to Meet the 5 Turkish Citizens Requirement?

Starting from the seventh month of the initial work permit period, it is essential that at least five Turkish citizens are employed each month at the workplace of a foreign company partner or workplace owner who is subject to general criteria.

It is explicitly stated in the Ministry's work permit annotations that a foreign company partner or business owner whose work permit is extended must employ at least five Turkish citizens every month throughout the permit period, and that failure to meet this condition may affect the extension application.

Therefore, the employment of 5 Turkish citizens should not be evaluated merely as a formal condition checked only as of the application date.

Is Every Foreign National Who Is a Company Partner Required to Obtain a Work Permit?

No.

Company partnership and actual work in Turkey must be distinguished from one another.

According to the Ministry's statements, managing partners of limited companies, member directors who are also partners of joint-stock companies, and managing limited partners of partnerships limited by shares may work by obtaining a work permit.

Conversely, non-resident board members of joint-stock companies and partners of other companies who do not hold a managerial capacity may be evaluated within the scope of work permit exemption.

Therefore, neither of the two general assumptions—namely, "I became a partner in the company, so I must obtain a work permit" or "I am a company partner, so I do not need a work permit"—is correct for every case.

Are There Foreigners Exempt from Work Permit Criteria?

Yes. The current evaluation criteria stipulate that employment, financial adequacy, and wage criteria are not applied with respect to certain foreigners.

Among these, provided that they meet the conditions, are:

  • foreigners whose mother, father, or child is a Turkish citizen,
  • holders of humanitarian residence permits,
  • holders of stateless person identity documents,
  • holders of long-term residence permits,
  • foreigners who have been married to a Turkish citizen for at least three years,
  • certain foreigners who have legally resided in Turkey for the period specified in the legislation,
  • foreigners of Turkish descent who meet certain conditions,
  • citizens of the Turkish Republic of Northern Cyprus

are set forth.

However, exemption from the evaluation criteria does not grant an absolute right to be issued a work permit. The foreigner must substantiate the ground for exemption with official documents.

Exemption from the evaluation criteria is not the same as a work permit exemption. The fact that a foreigner is exempt from employment, wage, or financial adequacy criteria does not automatically eliminate the obligation to obtain a work permit. For activities and exemption periods where the general obligation to obtain a work permit does not apply, work permit exemption 2026 you may review our guide.

New Criteria for Foreigners Lawfully Residing in Turkey for a Long Time in 2026

Within the scope of the current criteria entered into force as of 03.08.2026, for certain domestic work permit applications made on behalf of foreigners who have legally stayed in Turkey under a work permit, residence permit, or international protection for at least one year within the last three years as of the work permit application date, employment and financial adequacy criteria shall not be applied, limited to a maximum of three foreigners.

In order for this regulation to be applied, the specific circumstances of the foreigner and the workplace must be additionally examined within the framework of the current criteria.

Work Permit Process via Company Establishment Summary Table

Stage Action to be Taken Matter to be Considered
1 Determination of the field of activity The commercial activity to be carried out by the foreigner in Turkey must be clearly defined.
2 Selection of the company/business type The outcomes regarding work permits may vary for structures such as limited liability companies, joint-stock companies, or sole proprietorships.
3 Determination of the partnership structure Capital and the 20% partnership criteria must be taken into consideration for the foreign company partner.
4 Completion of company incorporation Trade registry, tax, and relevant chamber registrations are completed.
5 Preparation of activity-specific documents If required, diplomas, certificates, mastership documents, licenses, and professional qualification documents are prepared.
6 Determination of the application type Domestic or international work permit application is selected.
7 e-Leave application The status of company partner / workplace owner must be stated accurately.
8 Ministry evaluation Applications are evaluated in accordance with Law No. 6735 and current criteria.
9 Post-permit obligations SGK, workplace license, and, if required, the employment of 5 Turkish citizens are monitored.
10 Extension The renewal period begins 60 days prior to the expiration of the permit.

Common Mistakes in Work Permit Applications Through Company Establishment

Planning the company incorporation independently of the work permit may cause issues in subsequent stages.

For instance, leaving the foreign partner's capital share below 500,000 TL, setting the partnership share below 20%, incorrectly establishing the foreigner's managerial title within the company, or failing to complete the chamber and professional documents required for the activity may affect the evaluation of the application.

In sole proprietorships, it should not be assumed that merely obtaining a tax certificate is sufficient. Depending on the nature of the activity, registry, chamber, license, and professional qualification documents may also be required.

Another crucial issue is monitoring compliance with obligations after the initial work permit is granted. Especially for foreign company partners and workplace owners, the Turkish citizen employment requirement, which applies starting from the seventh month, is of great importance for the renewal process.

Failure to meet capital, partnership share, position, scope of activity, or employment requirements may result in the rejection of the work permit application. For grounds for refusal and the legal consequences of a refusal decision, rejection of the work permit application you may review our article.

Frequently Asked Questions

Can a foreigner obtain a work permit by establishing a company in Turkey?

Yes. Provided that the necessary conditions are met, a work permit application can be filed on behalf of a foreigner who establishes a company or becomes a partner in a company. Company incorporation alone does not grant a work permit.

How much capital must a foreign company partner have?

For workplaces subject to the balance sheet method under general criteria, it is required that the company has a paid-in capital of at least 500,000 TL, the foreign partner's own capital share is at least 500,000 TL, and the foreign partner's shareholding percentage is at least 20%.

Is employing 5 Turkish employees mandatory for the foreign partner?

This condition is not required for the first six months of the initial work permit in respect of a foreign company partner or workplace owner subject to general criteria. Starting from the beginning of the seventh month, it is essential to employ at least five Turkish citizens at the workplace each month.

Is there a requirement for 5 Turkish employees for a foreigner with $100,000 in capital?

If the foreign partner's capital share is 100,000 US dollars or more, the capital, shareholding ratio, and employment criteria regarding foreign company partners do not apply.

Can a work permit be obtained by establishing a sole proprietorship?

Yes. It is possible for a foreigner to apply for a work permit by establishing a business in their own name. In this case, the foreigner is evaluated as a workplace owner in the work permit system, and relevant registry, chamber, and professional documents are important depending on the activity type of the business.

Is registration with the tradesmen's chamber required for a sole proprietorship?

It is required depending on the nature of the activity. Registration with the relevant tradesmen and craftsmen registry/chamber may come into question for activities of a tradesmen and craftsmen nature; whereas trade registry and chamber of commerce registrations may come into question for activities of a real person merchant nature. Therefore, the type of chamber must be determined according to the field of activity.

Must certificates be attached to the work permit application?

If the activity requires professional qualification, education, mastery, diploma, license, or a certificate, the relevant documents may need to be submitted in the file. Which documents are required must be evaluated according to the field of activity.

Can a foreign partner of a limited liability company obtain a work permit?

Yes. A manager who is also a partner of a limited liability company can work by obtaining a work permit, provided that the necessary conditions are met.

Is a foreign partner of a joint-stock company required to obtain a work permit?

Pursuant to Article 48 of the Implementing Regulation on the International Labor Force Law, members of the board of directors of joint-stock companies who do not reside in Turkey, as well as partners of other companies who do not hold an executive title, may benefit from a work permit exemption for up to three months, subject to specified conditions. The same regulation also covers certain foreigners who, without being company partners, will work in Turkey with the highest-level representation and binding authority.

It should not be assumed that there is an unlimited or indefinite exemption for these individuals. If the duration of the activity to be carried out in Turkey exceeds three months, the requirement for a work permit must be separately evaluated. Furthermore, falling within the scope of the exemption does not preclude the necessity of completing the required exemption application and registration procedures.

Does establishing a company grant a residence permit?

Establishing a company does not, by itself, grant a residence permit or the right to work. However, a valid work permit issued under Law No. 6735 substitutes for a residence permit, subject to exceptions stipulated by law.

Can a company be established without a work permit?

Becoming a partner in a company and actively working in Turkey are distinct legal concepts. While foreign partnership in a company is permissible, if the foreigner engages in active working activities in Turkey, their status must be separately evaluated in terms of a work permit or work permit exemption.

For how many years can a work permit be issued upon the initial application?

In the initial application for a work permit of a specified duration, the permit can be issued for a maximum of one year. Subsequent extension periods are evaluated based on the relevant legislation and the nature of the application.

Can a foreigner who holds a residence permit in Turkey apply through a company?

As a rule, for domestic applications, the foreign national must hold a valid residence permit issued for at least six months in their name, which is still valid as of the application date. Since specific regulations may apply depending on the foreign national's status, each concrete case must be evaluated individually.

How does a foreign national without a residence permit apply?

As a rule, a foreign national who does not meet the requirements for a domestic application may initiate the work permit process through the Republic of Türkiye's foreign representation in the country where they are legally present. e-Permit procedures in Türkiye are completed using the reference number obtained from the foreign representation.

Evaluating the Company Establishment and Work Permit Process Together

Regarding foreign nationals wishing to establish a company in Türkiye, evaluating corporate law and work permit legislation as completely independent from one another may not be appropriate.

Particularly in cases where the foreign national plans to actively work in Türkiye after establishing the company, the company type, partnership share, capital amount, and the foreign national's managerial title can directly affect the work permit application.

For sole proprietorships, however, the nature of the activity to be conducted, relevant chamber and registry records, workplace licenses, and professional qualification documents become significant.

Therefore, during the incorporation phase, the activity to be carried out by the foreign national in Türkiye must first be determined; subsequently, a company or business structure suitable for this activity must be established, and the work permit criteria must be examined separately.

Legal Notice

This content has been prepared for general legal informational purposes regarding the establishment of companies or businesses by foreign nationals in Türkiye and their work permit applications as company partners or business owners.

Work permit applications are evaluated by the Ministry of Labor and Social Security, taking into account the foreign national's legal status, company type, field of activity, capital and partnership structure, application date, and current evaluation criteria. Meeting certain criteria does not guarantee that a work permit will be granted.

Depending on the field of activity, there may be special permit, license, diploma, certificate, or professional qualification requirements. Therefore, current legislation and the regulations of relevant public institutions must be separately checked for each specific application.


Author Information

Attorney Batın YILMAZ

Istanbul Bar Association Bar Registry No: 77008

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Attorney Batın YILMAZ

Istanbul Bar Association Bar Registry No: 77008

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Atty. Batın Yılmaz

Author

Atty. Batın Yılmaz

Founding attorney of Batın Yılmaz Law Firm. He provides litigation and legal consultancy services in criminal law, corporate law, administrative law, real estate law, enforcement and bankruptcy law, and compensation law, as well as immigration and citizenship law.

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