Tarih 20 Mart,2017
Paylaşan: Hazal SAHİN-Mehmet Burak ÖZATA
For foreigners applications of whom are approved by the Ministry of Labor and Social Security upon suggestion by International Manpower Policy Advisory Committee; regulation on “Turkuaz Card” which grants the foreigners right to work and reside in Turkey for an indefinite period of time and their relatives only right to reside in Turkey, was published in Official Gazette.
In the regulation of Ministry of Labor and Social Security, procedures and principles are regulated for Turkuaz Card applications, assessment of applications and transition period as well as rights granted to card holder and his/her relatives and use of these rights.
“Turkuaz Card” which grants a foreigner the right to work or reside in Turkey for an indefinite period of time and entitles his/her relatives only to reside in Turkey, may be granted to the individuals:
-Who are assessed to be high-graded manpower in terms of his/her educational level, compensation, occupational knowledge and experience as well as his/her contribution to science and technology and similar specialties;
-Who are high-graded investors in respect of investment or export level, magnitude of the employment he/she will ensure, contribution he/she makes to scientific and technological developments and his/her similar characteristics;
-Who are scientists or researchers carrying out studies and researches contributing to scientific and technological developments or deemed strategic for country’s benefits in the fields of industry and technology at international level;
-Who succeed internationally in terms of cultural, artistic or sportive activities, make contribution to the international recognition or promotion of Turkey or Turkish culture, carry out international activities for Turkey’s national benefits.
Application for Turkuaz Card
Application for Turkuaz Card shall be made directly in the country through Ministry of Labor and Social Security Foreigner Application, Assessment and Monitoring System or in the event applicant is abroad, through Foreign Representative Office of Turkey located in the country where the foreigner is the citizen or resides legally. Information and documents for application made abroad shall be delivered to the Ministry by Foreign Representative Office of Turkey, electronically.
Foreigner who has been legally residing in Turkey could apply in the country directly himself/herself over the system with foreigner identity number. Application for Turkuaz Card may be made by an authorized intermediary institution within or outside the country on behalf of the foreigner. Application shall be completed when information and documents determined for the foreigner and his/her relative during the application are entered in to the system.
Application which made by card holder for his/her relative’s residence permit shall be made to the Ministry in accordance with Turkuaz Card application procedure and simultaneously with this application; however in applications made abroad, in case the information required for residence permit of Turkuaz Card Holder’s relative is missing, applications for these foreigners may be made to the Ministry within latest 90 days following the entrance into Turkey; provided that visa or visa exemption limits shall not be exceeded.
Also, documents shall be added to the application, which show the foreigner’s matrimony bonds in terms of spouse and guardianship relation in terms of his/her child care and that he/she is obliged to look after.
Point Scoring System
Point Scoring System to be used in assessment of the application shall be implemented in the direction of qualifications and criteria determined.
Qualifications and criteria to be evaluated in point scoring:
-For the foreigners evaluated as qualified workforce; criteria showing educational background, prestige of the higher education institution where he/she receives education, wage level, work or occupational experience as senior manager in high-graded jobs requiring expertness or R&D area; harmonization between the education and the job or profession; foreign languages he/she know except for his/her native language and his/her qualities;
-For foreigners assessed as a qualified investor; criteria showing the level of investment, export or employment documented or committed, characteristics of the sector, area and the business into which an investment will be made, movables or immovables owned in Turkey as well as intellectual or industrial property rights ant that rights’ natures;
-For scientists or researchers; academic title, work or occupational experience in nationally or internationally recognized, higher education institutions or organizations distinguishing in the fields of science and technology, patents, trade marks and licenses registered by national or international institutions and similar criteria showing work or occupational experience and qualifications in important assignments, in sectors strategic for country’s economy such as innovation activities, R&D or informatics, defense, mining and energy;
-For foreign sportsmen / sportswomen; similar criteria showing awards or achievements the sportsman / sportswoman win individually or with a club license in national or international individual or clubs competitions in the sports branch in which he/she in engaged, his/her club’s national or international achievements regarding the legal status of the sports club to which he/she belongs, his/her national sportsman/sportswoman status in the country of which he/she is a citizen and the nature of this status;
-For the foreigners owning intellectual and artistic works; similar criteria showing works’ popularity, national or international awards and qualities;
-For the foreigners contributing recognition or promotion of Turkey or Turkish culture; promotion activities containing information such as duration, sustainability, continuity and influence area, intellectual and artistic works, activities carried out internationally as a Turkuaz volunteer and similar criteria.
Rights and Obligations of Card Holder
Turkuaz Card holder shall benefit from the rights ensured by permanent working permit. Foreigners having Turkuaz Card shall be exempt from the compulsory military service in Turkey and may not benefit from right to elect and be elected and also right to get a public service. Their rights vested for social security are reserved and use of these rights shall be subjected to provisions in the respective legislation.
-Card Holders’ actions such as residing, traveling, working, investing, carrying out commercial activities, acquiring inheritance, movables and immovables shall be subjected to the legislation applied by respective institutions and organizations to Turkish citizens. If, in this special laws, being Turkish citizen is a condition for the use of this rights and obligations Turkuaz Card holders shall not claim to benefit from these rights.
-Turkuaz Card holder and his/her relative may be entitled to be Turkish Citizen if it’s proposed by the Ministry; on condition that card holder and his/her relative do not have any status that might constitute an impediment in terms of national security and public order and the record of transition period is revoked.
-The card to be issued for the card holder’s relative shall take place of residence permit during the validity of Turkuaz Card. In the event that Turkuaz Card becomes invalid, other card issued to his/her relative shall be cancelled also.
-Applications for Turkuaz Card and assessment of these applications may be restricted or discontinued by the Ministry in the direction of international manpower policy for a definite period of time by agricultural, industrial or service sectors, a certain area of profession, line of business or territorial and geographic area.
Annulment of Card
Turkuaz Card may be annulled only in case:
-Except for the request of the foreigner, Turkuaz Card does not reach in Turkey within 6 months following the validity date or stays abroad continuously for a period more than 2 years without any force majeure,
-Validity of his/her passport or the document taking place of passport is not extended unless Ministry of Interior or Ministry of Foreign Affairs grants opinion of appropriateness,
-He/she is detected to work in a manner contrary to the provisions specified in the Law or in an unrecorded manner,
-It’s later determined that the foreigner has not worked minimum for 1 year in a continuous manner and card application is made with counterfeit or misleading information and documents,
-Information and documents requested for transition period are not submitted on time or it’s understood that the foreigner has lost his/her eligibility to be holder of Turkuaz card,
-The Ministry of Interior notifies that it’s from foreigners who will not allowed to enter into Turkey, will not be granted visa or will be deported,
-Public institutions and organizations notify that they consider that person’s employment in Turkey would be harmful for public order, public safety or public health.
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