With the proposal of the International Labor Policy Advisory Board, the regulation on the issue of “Turquoise Card” to foreigners whose application was deemed appropriate by the ministry was published in the Gazette dated 14 March 2017.
With this, the procedures and principles in the regulations of the Ministry of Labor and Social Security regarding the application, evaluation and transition period of the Turquoise Card, the rights provided to the card owner and his or her relatives and the use of these rights were regulated. All innovations brought by the regulation constitute the subject of our article.
What is Turquoise Card?
- Foreigners who are considered as highly qualified workforce in terms of education level, salary, professional knowledge and experience, contribution to science and technology, and similar qualities,
- Investing Businessmen who are evaluated as highly qualified investors in terms of their investment or export level, the size of the employment they will provide, their contribution to scientific and technological development and similar features,
- Scientists or researchers who contribute to scientific and technological development or conduct studies and research in the fields of science, industry and technology that are considered to be strategically international in terms of national interests,
- Those who are internationally successful in terms of cultural, artistic or sports activities,
- that contribute to the international recognition or promotion of Turkey or Turkish culture, Turkey’s national interests to foreign companies operating at an international level on matters related priority citizenship and giving an unlimited right to work, spouse and dependents that children in session entitling permission revolutionary new application.
How to Apply for a Turquoise Card?
- Turquoise Card application is made directly through the system at home, through the Turkish foreign representative office in the country where the foreigner is a citizen or legally resident abroad.
- Information and documents regarding the application made from abroad are transmitted to the Ministry electronically by the Turkish foreign representative.
- Foreigners who are legally in Turkey and abroad through foreign identification number through the system can apply directly to him.
- Turquoise Card application can also be made by the authorized brokerage firm on behalf of a foreigner at home and abroad.
- During the Turquoise Card application, the application is completed by entering the information and documents related to the foreigner and his / her relatives to the system.
How can you apply for residence permit regarding Turquoise Card holder relatives?
Turquoise Card will be submitted to the Ministry according to the application procedure and at the same time with this application. But in the applications from abroad, Turquoise cardholder’s relatives who do not have the information required for the application can apply for residence permit to the Ministry provided not to overcome the period of visa or visa exemption the latest within 90 days since the date of entry to Turkey. In addition, documents showing the marriage bond in terms of the spouse or children, the custody relationship and the dependence of the child will be attached to the application.
How will the Turquoise Card Evaluation and Scoring System be?
For the foreigner who is considered as qualified workforce; education criteria, dignity of the higher education institution where education is received, level of salary, work or professional experience in high-quality jobs or R&D field requiring expertise as a senior manager, compatibility of education and work or profession, foreign languages that are known outside the mother tongue and similar criteria.
For the foreigner who is considered as a qualified investor; certification or the committed investments, exports or employment levels, the sector will be invested in the region and the nature of the business, moved owned in Turkey or show intellectual or industrial property rights and attributes of the immovable similar criteria.
For the scientist or researcher; academic title, working or professional experience in higher education institutions known in the national or international arena or in organizations that are prominent in the field of science and technology, patents, trademarks or licenses, innovation activities, R&D or informatics, defense, registered by national or international institutions, Similar criteria for working in important positions in strategic sectors in terms of the country’s economy, such as mining and energy, or showing their professional experience and qualifications.
For foreign athletes; indicates the national or international achievements of the club in which it is a member, the national or international achievements regarding the legal status of the sports club it belongs to, and the qualities of the national athlete in its country of origin, criteria.
For foreigners with intellectual and artistic works; similar criteria that show the recognition of his or her works, national or international awards and qualifications.
For foreigners that contribute to the promotion or recognition of Turkey or Turkish culture; promotional activities that include information such as duration, sustainability, continuity and impact area, ideas and works of art, activities carried out internationally as a Turkuaz volunteer and similar criteria.
Who Carries Out Evaluation?
In the evaluation of the Turquoise Card application, in line with the international labor policy, the scoring system established by the Ministry of Labor, Social Security, General Directorate of International Labor Force within the scope of the above-mentioned criteria is used. Applications scoring sufficient points within the scoring system are evaluated positively.
In Which Cases Is Turquoise Card Declined?
As a result of the evaluation, the following issues are taken into consideration and applications that fail to meet the conditions are considered invalid.
- Does not meet the evaluation criteria determined by the Ministry,
- Incompatible with international labor policy,
- Made with false or misleading information and documents,
- The justification for the employment of foreigners is not sufficient,
- Made for jobs and professions allocated to Turkish citizens in other laws,
In the scope of 6458 numbered Foreigners and International Protection Act related people who will not be allowed to enter Turkey, will not be given a visa or border will be the decision to deport those relating to the Interior Ministry reported that foreign is foreign, public order, to public security or public health drawbacks of working in Turkey seen those related to foreigners, Ministry of foreign Affairs of excluding cases in which a favorable opinion, or lack done within structures and the statutory period for discovery as nationals of the stranger or diplomatic relations with the Republic of Turkey incomplete Turquoise Card applications will be rejected.
How long is the Turquoise Card given?
- Turquoise Card is given with the first three years being the transition period.
- A specialist is assigned by the General Directorate to monitor the activities and commitments of the foreigner holding a Turquoise Card within the transition period.
- A monitoring report, the shape and content of which will be determined by the General Directorate, is prepared by the appointed expert in twelve month periods.
- The foreigner is obliged to submit any information or documents required for the monitoring report to the Ministry within fifteen days. Although it is essential to transfer information or documents over the system, the General Directorate may use any means of communication, including registered e-mail.
- The deficiencies determined in accordance with the expert report are reported to the foreigner and a three-month period is given. If the deficiencies are not resolved at the end of this period, the transition period may be terminated and the cancellation of the Turquoise Card can be decided.
- During the transition period, domestic and foreign activities of the foreigner can be examined or made by the General Directorate.
- The transit time record of the foreigner who is not canceled within the transition period and whose request for the removal of the transition time record is deemed removed, and the Turquoise Card becomes indefinite.
What are the Rights and Obligations of the Card Holder?
- Turquoise Card holder will benefit from the rights provided by the indefinite work permit. Foreigners who have a card; Turkey will be exempt from the obligation to perform military service, vote and be elected, can not benefit from the right of access to public duty. Rights acquired regarding social security are reserved and will be subject to the provisions of the relevant legislation in the exercise of these rights.
- Card holders who resident in Turkey, travel, work, investment, commercial activities, heritage, movable and operations related to issues such as assignment, with the acquisition of immovable property, to be carried out according to the legislation applied to Turkish nationals by the relevant institutions and organizations. In the use of these rights and obligations, if the condition of being a Turkish citizen is required in special laws, Turquoise Card holders will not be able to demand these rights.
- Turquoise Card holder and his / her relatives will be able to gain Turkish citizenship if they are offered by the Ministry provided that they do not have an obstacle in terms of national security and public order, and the transition period registration is removed.
- The card to be issued for the relative of the card holder will replace the residence permit within the validity period of Turquoise Card. In case the Turquoise Card becomes invalid, this card issued for the relative will be canceled.
- Turquoise Card applications and evaluation can be restricted or stopped by the Ministry in terms of agriculture, industry or service sectors, a certain occupation, line of business or property and geographical area for a certain period in line with the international labor policy.