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IMPACT – MEDIUM
What is the change? Turkey has announced minimum salary increases that impact salary thresholds for foreign workers.
What does the change mean? Effective Jan. 1, the gross minimum monthly wage is 2,558.40 Turkish lira (about US$486). Aside from the minimum salary requirement, the salary to be paid to the foreign employee must be commensurate with the position considered. If foreign payroll is in place, it must meet the same criteria.
Additional information: The monthly minimum salaries required for work permits are as follows:
Analysis & Comments: The new salary minimums mark a significant increase above 2018 levels. Employers should be sure to take the new minimums into account when planning their 2019 budgets. Applications that are not supported by the appropriate salary will be rejected. The new salary levels apply whether the person is being hired locally or sent to Turkey on assignment (with an assignment letter).
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? Turkey has made it easier to obtain citizenship by investment.
What does the change mean? Eligible foreign nationals can now obtain Turkish citizenship by investing US$500,000 (or the equivalent in Turkish lira) in fixed capital, a Turkish bank account, through the purchase of government stocks or bonds or by participating in a venture capital or real estate investment fund. Citizenship is also available to foreign nationals that generate employment for at least 50 Turkish nationals or invest at least US$250,000 in Turkish real estate.
Background: Turkey recently lowered the investment thresholds required for obtaining citizenship as follows:
Investments can be made in U.S. dollars or the equivalent in Turkish lira. Potential applicants should note that they will be required to commit to making/holding investments for at least three years.
Analysis & Comments: Officials hope the lower thresholds will help increase interest in the citizenship program and spur foreign investment in Turkey.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom
Medium Priority
What is the immigration news? The Ministry of Labor is now requesting that foreign employees who are applying to renew their work permits submit an updated employment contract signed by the employer and employee.
Additional information: Previously, no employment agreement was needed to submit in support of a renewal application.
BAL Analysis: To avoid delays in renewing employees’ work permits, employers should prepare to update their employment contracts before work permits are renewed and provide a signed copy in their documentation in support of the renewal application.
This alert has been provided by the BAL Global Practice group and our network provider Bener Law Firm in Turkey. For additional information, please contact your BAL attorney.
Copyright © 2018 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? New procedures that were intended to reduce the wait times for resident permit appointments have caused a new backlog for exit permits that are required for resident permit applicants and their family members.
What does the change mean? Family dependents should plan to delay their travel into Turkey until primary applicants secure their work visa, and expatriates in Turkey should plan to renew their resident permits as early as possible.
Background: As BAL reported last month, the Migration Directorate is now requiring that all resident permit applications be sent to the main Istanbul office in Vatan for final adjudication. A backlog of files in that office has developed, and exit permits cannot be issued until the resident permit application is adjudicated. According to Maria Celebi of Bener Law Firm in Istanbul, many residence permit holders may choose to renew their resident permit by mail, instead of in-person, to take advantage of shorter processing times, but postal applicants cannot leave Turkey before an exit document or their new permit is issued (approximately one month or more).
BAL Analysis: Employees and their dependents should factor in the processing delays and anticipate that they are likely to worsen in coming weeks as government offices close for approximately one week for the Bayram (Eid al-Adha) holiday beginning around Aug. 22.
This alert has been provided by the BAL Global Practice group and our network provider located in Turkey. For additional information, please contact your BAL attorney.
Several changes in how Turkish authorities are processing resident permit applications are causing backlogs and some inconsistencies in procedures.
Key points:
BAL Analysis: Resident permit applicants should factor in delays in the current unpredictable processing environment. Procedural changes may continue to be implemented or withdrawn with little notice and based on discretionary authority. Employers and foreign nationals should work with their BAL professional to adapt to these changes in individual cases.
This alert has been provided by the BAL Global Practice group and our network partner Bener located in Turkey. For additional information, please contact your BAL attorney.
What is the change? Turkey has shut down its online work permit application system as it transitions to a new online “KEP” system that is not yet fully functional because of technical problems in integrating the new system.
What does the change mean? Applications cannot currently be lodged under the old system, though authorities have suggested they may reactivate accounts under the old system for a grace period until the technical issues with the new system are resolved.
BAL Analysis: Employers should anticipate delays to the lodging of work permit applications while authorities switch to the new system. BAL is following this development and will report additional information as it becomes available.
This alert has been provided by the BAL Global Practice group and Bener in Turkey. For additional information, please contact your BAL attorney.
What is the change? Turkish authorities have increased the minimum wage for foreign employees by 14 percent.
What does the change mean? The gross minimum monthly wage this year will be 2,029.50 Turkish lira (about US$535) and the net minimum monthly wage will be 1,603.12 lira. Employers should also note that the salaries they pay workers must be commensurate with their position and that higher wage minimums apply for some positions, as detailed below.
Additional information: Turkey’s minimum wages are adjusted annually, with some positions requiring higher wages. For example:
BAL Analysis: The new wage minimums mark a significant increase above 2017 levels. Employers should be sure to take the new minimums into account when planning their 2018 budgets. Applications that are not supported by the appropriate wage will be rejected. Those with questions about what a certain type of worker should be paid should consult with BAL.
What is the change? Turkish diplomatic posts in the United States have resumed issuance of non-immigrant visas to U.S. nationals for business travel and tourism.
What does the change mean? While the Turkish Ministry of Foreign Affairs has confirmed that all diplomatic posts in the U.S. are issuing business and tourist visas, e-visa applications remain unavailable to U.S. nationals, and visas on arrival are only granted to those with residence status outside of the U.S.
Turkish consulates in the U.S. are currently accepting applications by appointment only and most are requiring that applicants appear in person to submit them. However, those who qualify due to “limited circumstances” (i.e. for medical reasons, family emergencies, participation in international conference, athletic activities, diplomatic needs and non-tourist trips for children under the age of 18) are still allowed to walk in without an appointment to submit applications.
Background: In early October, the U.S. and Turkey mutually suspended the issuance of non-immigrant visas following the arrest of a U.S. consulate worker in Turkey. Last month, both countries began processing non-immigrant visas again, but only on a limited basis.
BAL Analysis: While the situation between the U.S. and Turkey remains fluid, the resumption of non-immigrant visa issuances at all Turkish consular missions in the U.S. is welcome news and signals easing tensions between the two countries. Those planning to travel either from the U.S. to Turkey or from Turkey to the U.S. should work with BAL to discuss current requirements by the consulates well in advance of travel. Travelers should take into account likely delays due to the backlogs of appointment times.
This alert has been provided by the BAL U.S. and Global Practice groups and the Bener Law Office in Istanbul. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
IMPACT – HIGH
What is the change? Russia’s ban on visa-free travel and new work permits for Turkish nationals will soon be lifted, according to a May 31 presidential order.
What does the change mean? Turkish nationals will be allowed to travel to Russia for business, tourism or work.
Background: Russia has imposed travel restrictions since November 2015, when Turkey shot down a Russian fighter jet over its border with Syria. Additional economic sanctions on Turkish companies doing business in Russia were imposed January 2016.
BAL Analysis: The lifting of the ban will ease business travel and allow Russian companies to apply for work permits for Turkish employees. BAL is following implementation of the order and will update clients on new developments.
This alert has been provided by the BAL Global Practice group and our network provider located in the Russian Federation. For additional information, please contact your BAL attorney.
What is the change? Turkey has published regulations on its “Turquoise Card” program for foreign nationals who meet certain education, wage, investment or other select criteria.
What does the change mean? Turquoise Cards will be available for foreign nationals in one of five categories: (1) highly qualified workers, (2) investors, (3) scientists or researchers, (4) athletes or artists, or (5) specialists in Turkey or Turkish culture. Turquoise Card holders will be afforded work authorization for an indefinite term following a three-year conditional period.
Background: The Turquoise Card was introduced in an immigration law published Aug. 13, 2016 and regulations were published this week.
Authorities will score Turquoise Card applications based on different criteria, depending on the category under which a foreign national is applying. The scoring system for highly qualified workers, for instance, will take into account level of education, the prestige of universities the applicant attended, salary level, foreign language abilities and professional experience. Those applying in the investor category will be judged based on the amount of their investment, the number of people they employ and Turkey’s strategic need for their particular type of investment, among other criteria.
Those who qualify for Turquoise Cards will be granted indefinite work authorization following a three-year conditional period. Card holders must file a status report annually and apply for a permanent card within 180 days before expiration of their conditional card. Dependents of Turquoise Card holders will be granted residence permits. Applicants should note that Turquoise Cards will be canceled for card holders who remain outside of Turkey for six months or more, except in certain cases due to unforeseen circumstances.
BAL Analysis: The program will provide a new route for Turkish residence and work authorization for highly qualified workers, investors and others covered by the program. Contact BAL about whether you may qualify for a Turquoise Card in one of the above-listed categories.
This alert has been provided by the BAL Global Practice group and our network providers located in Turkey. For additional information, please contact your BAL attorney.