Legal Qualification, Exemption Scope, Visa Procedure, and Compliance Risks
Foreign Nationals’ Short-Term Training Assignments in Türkiye are regulated under the International Labor Force Law No. 6735 (published in the Official Gazette dated 13 August 2016, No. 29800) and its secondary legislation, including the Regulation on the Implementation of the International Labor Force Law. The legal classification of the activity performed in Türkiye determines whether a work permit, work permit exemption, or full work visa procedure is required.
For foreign nationals entering Türkiye solely to provide temporary internal corporate training, technical knowledge transfer, installation, maintenance, or system commissioning — without receiving remuneration from a Turkish entity — the activity may fall within the statutory work permit exemption framework, subject to strict duration and substance criteria.
Improper classification of the activity may trigger administrative fines, deportation procedures, entry bans, and employer-side sanctions under Law No. 6735.
1. Legal Basis and Qualification of Activity
Primary Legislation
- International Labor Force Law No. 6735
- Regulation on the Implementation of the International Labor Force Law
- Relevant Ministry circulars and administrative practice
Under the exemption regime, foreign nationals who enter Türkiye for temporary technical training, installation, repair, or knowledge transfer activities may be exempt from obtaining a work permit, provided that:
- The activity does not exceed 90 days within a 180-day period, and
- The activity falls strictly within the technical scope defined by the Ministry of Labour and Social Security.
The exemption does not apply automatically. A Work Permit Exemption Notification must be filed electronically through the Ministry’s system prior to or at the time of entry.
2. Short-Term Assignments (Up to 90 Days)
Conditions for Work Permit Exemption
The exemption may apply where:
- The assignment is temporary,
- The individual remains employed by the foreign (home) entity,
- No salary or remuneration is paid by the Turkish host entity,
- The activity is limited to internal training, installation, technical transfer, or similar technical functions.
Mandatory Procedure
Even where exempt from obtaining a work permit, the Turkish host company must submit:
- A Work Permit Exemption Notification through the Ministry’s electronic system.
Required documentation typically includes:
- Passport copy
- Assignment letter from the home company
- Invitation letter from the Turkish entity
- Detailed training schedule (duration, location, subject matter)
Failure to file the exemption notification may result in the activity being classified as unauthorized employment.
3. Long-Term Assignments (Exceeding 90 Days)
If the activity exceeds 90 days within a 180-day period, the exemption regime ceases to apply.
In this case, the foreign national must obtain:
- A Work Visa from the Turkish Consulate abroad, and
- A Work Permit issued by the Ministry of Labour and Social Security.
Procedural Steps
Step 1 – Consular Work Visa Application (Abroad)
The foreign national applies at the Turkish Consulate in the country of residence.
Step 2 – Employer-Side Work Permit Application (Türkiye)
The Turkish entity submits the work permit application electronically.
Legal Effect
Once approved, the work permit card simultaneously serves as:
- Work authorization
- Residence permit
No separate residence permit application is required.
4. Visa and Residence Overview (Structured Comparison)
| Duration | Entry Type | Required Action | Legal Effect |
|---|---|---|---|
| 0–90 days (within 180-day rule) | Visa-free entry (if applicable) or short-term visa | Work Permit Exemption Notification | No work permit required; no residence permit required |
| Over 90 days | Work visa from Turkish Consulate | Work permit application by Turkish company | Work permit grants both work and residence authorization |
The 90-day period is cumulative within each rolling 180-day period. Multiple short visits must be aggregated for compliance purposes.
5. Compliance and Audit Perspective
From a regulatory and audit standpoint, the following risk areas are critical:
Misclassification Risk
If the activity exceeds the technical scope (e.g., operational management, production supervision, revenue-generating activity), authorities may reclassify the activity as employment requiring a work permit.
Duration Risk
Exceeding the 90-day threshold without transitioning to a work permit may trigger:
- Administrative fines under Law No. 6735
- Deportation or entry bans
- Employer sanctions
- Suspension of future work permit applications
Remuneration Risk
If remuneration, allowances, or indirect compensation are paid from Türkiye, the exemption may be invalidated.
Social Security and Tax Exposure
Where the activity is deemed employment in Türkiye, Turkish income tax withholding and social security obligations may arise retroactively.
Ministry Review Authority
The Ministry may conduct inspections and request supporting documentation. Failure to demonstrate compliance with exemption criteria may lead to retrospective sanctions.
6. Operational and Financial Impact (CFO-Level Considerations)
For multinational groups, improper structuring of short-term training assignments may result in:
- Unexpected payroll tax exposure
- Social security reassessments
- Administrative penalties
- Immigration non-compliance risk
- Business interruption during inspection
Accordingly, companies should:
- Document the exact scope of activity
- Align travel duration with exemption thresholds
- Ensure contractual consistency between entities
- Conduct pre-arrival compliance assessment
The exemption regime is procedural and technical. It is not a simplified alternative to work permits but a regulated legal mechanism subject to review.
For technical assessment of eligibility under Law No. 6735, risk mapping, and structuring of foreign training assignments in Türkiye, you may contact ÖzbekCPA for regulatory evaluation and compliance structuring support.
