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What is the change? The Russian government has followed through on a ban of visa-free travel with Turkey and a suspension of new work permits for Turkish nationals as of Jan. 1, and announced additional new economic restrictions.
What does the change mean? The restrictions do not require Turkish nationals currently working in Russia to leave the country; however, companies should be aware that Turkish employees and assignees may have difficulties returning to Russia and may be refused entry. Renewal of work permits for Turkish nationals will also be difficult. With suspension of the visa waiver, Turkish nationals who do not hold a residence permit or temporary residence permit are now required to obtain a visa at a Russian consulate.
Background: Relations between the two countries have been strained since late November when Turkey shot down a Russian fighter jet which it claimed had violated its airspace. Some of the restrictions were announced in December. The following restrictions took effect Jan. 1, including:
BAL Analysis: Companies should consider contingency planning in the event that Turkish employees are not allowed to re-enter Russia or their work permits are not renewed.
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.
Copyright © 2016 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 – MEDIUM
What is the change? Turkey has adopted a regulation requiring expatriates to obtain driver’s licenses issued by Turkish authorities within six months of entering the country.
What does the change mean? Expatriates will only be permitted to drive with a license issued outside of Turkey for their first six months in country. After that, they must use a license issued by Turkish authorities.
Background: While it is clear that expatriates must obtain a Turkish-issued driver’s license if they intend to drive after six months, other parts of the new regulation are less clear. For instance, nationals of 84 countries may obtain a Turkish-issued license without sitting for an exam, but it is not clear what the process is for other foreign nationals. Also, for foreign nationals who arrived in Turkey before Jan. 1, it is not clear whether the six-month time period began at the time they entered the country or on Jan. 1, when the law took effect. The regulation also seems to indicate that once expatriates obtain new, Turkish-issued licenses, their licenses will be confiscated and returned to the issuing authority. BAL is seeking clarification on all of these points as well as other issues that have arisen from the new regulation.
BAL Analysis: Foreign nationals wishing to drive in Turkey must obtain a driver’s license issued by Turkish authorities within their first six months in the country in order to drive in Turkey. Those in need of obtaining new driver’s licenses under this policy should contact their BAL professional for help in securing the proper license.
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.
What is the change? Turkey has changed its consular process for foreign applicants applying for business visas, work visas and other non-tourist visas.
What does the change mean? Applicants must first file an online “pre-application” before completing their application at a Turkish consular post.
Background: The pre-application system announced by the Turkish Ministry of Foreign Affairs applies to all non-tourist visas. Non-tourist applicants must pre-apply online through a new Turkish Visa Application website. After uploading supporting documents, the applicant may print out and sign the application form and schedule an in-person appointment at the appropriate consulate. Unlike the tourist visa website, the new website does not issue an electronic visa; applicants must finalize their application and obtain a visa sticker at the nearest Turkish consulate.
BAL Analysis: The process adds a new step to the application process for foreign employees, business visitors, students and others. To avoid delays that could occur with the switch to the new system, applicants are encouraged to leave plenty of lead time.
IMPACT – HIGH
What is the change? Russian authorities have said they will suspend the country’s visa-free travel agreement with Turkey and stop issuing work permits to Turkish nationals beginning Jan. 1.
What does the change mean? The announcement comes after Turkey shot down a Russian fighter jet Nov. 24 in circumstances that remain disputed. The imposition of a visa regime and the cessation of work permits would have dramatic impacts on Turkish nationals traveling to Russia or seeking work there.
Background: Russia and Turkey have had close business ties and been important trade partners for years, but relations are near a boiling point after the Nov. 24 incident. Russia has said it will suspend a visa-free travel agreement between the two countries that currently provides for stays of up to 30 consecutive days without a visa. Russian authorities also say they intend to stop issuing work permits to Turkish nationals beginning Jan. 1. The Turkish government has not yet issued any formal statements regarding travel or immigration restrictions on Russian nationals.
BAL Analysis: While Russia has announced that it will impose a visa regime and stop issuing work permits to Turkish nationals, the Federal Migration Service has provided no clear indication as to how travel and immigration requests will be handled in practice after Jan. 1.
Turkish nationals traveling to Russia between now and Jan. 1 are advised to keep documents confirming the purpose of their visit, such as letters from the hosting party or a hotel confirmation. Turkish travelers are likewise advised to keep their passport, migration card and (if applicable) work and resident permits with them at all times.
At this point, it is still possible for Turkish nationals to apply for Russian work permits, but employers should prepare for the possibility that new applications may not be approved. Turkish nationals currently in Russia may not want to leave the country even if they have valid immigration documents, as there is no clear instruction from Russian authorities about how Turkish nationals would be treated upon trying to re-enter the country.
As it is an ongoing and developing situation, travelers are advised to contact their BAL representative for the latest update prior to travel.
This alert has been provided by the BAL Global Practice group and our network provider located in Russia. For additional information, please contact your BAL attorney.
What is the change? Foreign nationals attempting to obtain residence permits in Istanbul are experiencing persistent delays despite the opening of three new Migration Directorate offices.
What does the change mean? Applicants using Turkey’s new online booking system in Istanbul are often unable to make appointments and, when appointments are available, are usually required to wait for about 90 days. Officials opened new offices in Istanbul’s Beşiktaş, Kadıköy and Beylikdüzü districts, but so far delays have continued.
Background: In May, Turkey moved to have civil authorities at the Migration Directorate, rather than local police officers, issue residence permits. Applicants are now required to book appointments through an online system that has been overloaded, leading to delays. Officials opened the three new offices in hopes of easing the burden on the system, but so far delays are still acute in Istanbul. Other areas of Turkey have not been affected. In Ankara, for example, applicants may book an appointment one or two weeks in advance.
BAL Analysis: Foreign nationals seeking to obtain a residence permit in Istanbul should plan well in advance. Appointment are currently booked until February. Applicants in the Beşiktaş, Kadıköy and Beylikdüzü districts can take advantage of new offices, but these locations are experiencing the same delays as other offices in Istanbul since they all use the same online appointment system.
What is the change? Government offices will close at noon Oct. 28 and remain closed Oct. 29 in observance of Republic Day. The holiday may be extended through Friday, Oct. 30.
What does the change mean? Applicants seeking immigration and other government services should plan for the closures and file before the holiday if possible.
Background: Republic Day celebrates Turkey’s independence and the founding of the republic Oct. 29, 1923.
BAL Analysis: Employers and foreign national employees are advised to plan ahead for the holiday closures and check with embassies and consulates for individual holiday schedules.
What is the change? Residence permit applications are now being processed by civil authorities at the Migration Directorate rather than by local police officers.
What does the change mean? Foreign nationals applying for residence permits are now required to prepare their applications online with the new Migration Directorate, and initial filers should schedule their appointments using this new online system. Most applicants will likely experience difficulties in obtaining appointments for initial residence permits for some time. Note that renewal of residence permits of the same category is also done online, but the applications are couriered and an in-person filing is no longer required.
Background: Until recently, residence permit applications were processed by Interior Ministry police officers. However, Turkey is still in the transition phase of a major immigration overhaul and residence permits are now being processed by the civilian Migration Directorate. Applicants must submit applications according to instructions on the Migration Directorate’s website, and initial applicants will need to appear in person for a filing appointment at the applicable Migration Directorate office.
Foreign nationals who had existing appointment dates will have to reschedule their appointments. All appointments scheduled (Vatan and local offices) before May 18 must now be rebooked in the new system. There is no preference for having had a prior appointment. Initial resident permit filings must be booked by logging in an application form, which must be brought to the appointment together with support documents.
Appointment booking for an initial filing is now significantly more difficult. New information is required on the appointment application, including education of dependent, specifics of medical insurance policy with expiration dates, and registered residential address in Turkey. If information is missing, appointments cannot be booked. For now, once an appointment is booked, it is not clear how it can be canceled for a rebooking. Early this week, according to Maria Celebi, a partner at Bener Law Office in Istanbul, the online system crashed several times and appointments were only open in mid-July.
“We should see a growing backlog in the appointment system in Istanbul, as now many local offices which previously adjudicated residence permits are now consolidated into one office,” Celebi said “It is also not clear if the new civil officers will retain the same policy toward supporting documents as the police had previously.”
Foreign assignees whose residence permits have expired in most cases will require new initial appointments. However, if the residence permit is still valid, the assignee does not need an appointment. The renewal application is lodged within 60 days before expiration, printed out for the applicant to sign, and then sent to the Migration Directorate within 30 days. This must be done prior to expiration.
As reported earlier this year, dependent applications for residence permits must be accompanied by police clearance from the applicant’s country of origin and any countries in which the applicant has lived in the past five years. BAL Analysis: Residence permit applicants face significant difficulties in navigating the online appointment system and obtaining required appointments for residence permits. BAL anticipates that the Turkish authorities will provide further guidance in coming weeks on how best to obtain residence permit appointments and maintain legal status in-country.
What is the change? Turkey has instructed consular posts to issue Assembly, Maintenance and Service Visas valid for multiple entries.
What does the change mean? The new visas will allow foreign nationals to make multiple trips to Turkey for qualifying work, as long as they do not stay more than 90 days total within a year.
Background: Turkey is making several changes to its visa rules. In April 2014, it stopped allowing foreigners holding AMS visas to apply for an AMS residence permit while in Turkey. To offset that restriction, the government has now amended its work permit regulations and instructed consulates to issue multiple-entry AMS visas. Foreigners may make repeat trips on the same visa as long as the total time in the country does not exceed 90 days within a year. Previously, the regulations were interpreted to allow one visit not exceeding 90 consecutive days.
The change is a “very welcomed, practical solution to the elimination of AMS residence permits,” said Maria Celebi, a partner with Bener Law Office in Istanbul. “Many employers will find that they can now more conveniently use AMS visas for project work.” However, she added that it may take “quite some time” before consular posts update their issuance of AMS visas to include multiple-entry visas.
BAL Analysis: The changes will facilitate travel for those conducting short-term technical work that requires multiple trips to Turkey.
What is the change? Turkey has tightened its rules for in-country processing of initial work permits and is now also requesting foreign police clearances for dependent residency applications.
What does the change mean? Foreign employees applying for initial work permits based on a six-month resident permit will soon no longer be able to apply in-country to change status. In a separate matter, foreign employees applying for residency permits for their dependents should expect new document requests, including foreign police clearances, at the discretion of police stations.
Background: Turkey recently revamped its residency regime and last week both rules were announced informally. The Ministry of Labor indicated that it would no longer accept initial work permit applications filed in Turkey by foreigners holding resident permits of six months or longer. This change is likely based on the new Residence Permit Law, even though the law does not explicitly mention this type of in-country filing. The Ministry of Labor is expected to clarify this rule soon, but an official implementation date has not been set.
The second change was announced by the newly created Migration Directorate, which indicated that police stations are authorized to request additional documentation in residence permit cases. The extra documentation may include foreign police clearances and biometric photos. The requests are left to the discretion of individual police stations, but foreign employees should note that the main police station in Istanbul has confirmed that officers will require a foreign police clearance for a principal applying for a spouse and foreign police clearances for both parents if applying for a child.
According to Maria Celebi, a partner with Bener Law Office in Istanbul, the additional request for foreign police clearance “is likely to cause frustration for some time, particularly since police officers are not accustomed to reviewing foreign police clearance documentation and have no idea how long they may take to be issued in some countries.”
BAL Analysis: Turkey is in the midst of a major overhaul of its immigration rules, and employers should be aware that many of them are still in flux during the implementation phase. Employers are encouraged to flag these upcoming changes for foreign employees, as they will impact travel schedules and overall timelines for foreign workers and their family members.
Copyright ©2016 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? As of Jan. 1, Turkey will require that foreign nationals entering the country hold a passport that is valid for more than two months.
What does the change mean? Foreign nationals, including those holding a valid work or residence permit, will be barred entry if their passports expire within two months.
Background: The new rule is part of Turkey’s immigration overhaul. While some of the provisions have been delayed, the government has indicated that the passport-expiration rule will be implemented Jan. 1 without delay.
BAL Analysis: To avoid being turned away at the border, all foreign nationals should make sure they have more than two months left on their passports for each entry into Turkey.