IMPACT – MEDIUM

What is the change? Turkey will implement new restrictions on in-country applications for residence permits, work permit conversions and Assembly and Maintenance Visa extensions.

What does the change mean? As of Jan. 1, foreign nationals will not be able to apply for initial residence permits, work permit conversions, and extensions of Assembly and Maintenance Service visas while in Turkey.

  • Implementation timeframe: Jan. 1, 2015.
  • Visas/permits affected: Residence permits,work permits, Assembly and Maintenance Service (AMS) visas.
  • Who is affected: Foreign nationals applying for a residence permit for the first time, foreign nationals seeking to convert from or to a work permit, and foreigners wishing to extend an AMS visa.
  • Impact on processing times: The changes will require processing outside Turkey for some foreign nationals.
  • Business impact: The changes will mostly impact short-term business travelers who will no longer be able to travel to Turkey without a visa and obtain a temporary residence permit in-country.
  • Next steps: Employers and foreign nationals should begin to work with their BAL attorney now so they are not caught off guard by these new rules that take effect soon.

Background: Turkey passed a major overhaul of its immigration laws earlier this year, but many of the provisions have been delayed until Jan. 1 to allow time for consulates to implement the changes.

As of Jan. 1, there will be new restrictions on in-country applications. Foreign nationals who do not obtain a residence permit before Jan. 1, 2015 will only be able to apply for a work permit from the Turkish Consulate in their home country. This will also impact short-term travelers who in the past traveled to Turkey without a visa and obtained a temporary residence permit in-country for short-term work; under the new restrictions, they must apply for a visa from a Turkish Consulate. Foreign nationals who have a valid residence permit on Jan. 1 can apply for a work permit in Turkey. The restrictions on in-country processing do not affect work permit renewals.

Another change is that foreigners converting status from or to a work permit will no longer be able to do so in-country as of Jan. 1; they must apply outside Turkey.

In-country extensions of AMS visas will also be eliminated. The AMS visa allows foreign nationals to perform short-term activities of a hands-on or technical nature otherwise prohibited on a business visa. There has been no official announcement yet as to whether extending an AMS visa from outside Turkey will be possible.

BAL Analysis: Many companies have already begun choosing to apply for work permits from abroad for foreign employees, but short-term business travelers who in the past have applied in-country for temporary residence permits should be aware that they will have to apply for a business or AMS visa at a Turkish Consulate under the new rules.

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.

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 – HIGH

What is the change? A new law in Turkey set to take effect in April will make significant changes to residence permit eligibility and other immigration procedures.

What does the change mean? The law will create several new residence permit categories and require most initial residence permit applications to be filed at a consular post overseas, as opposed to domestically.

  • Implementation timeframe: April 12. However, the Ministry of the Interior has indicated there will likely be a transition period to delay implementation.
  • Visas/permits affected: Residence permits, work permits, business visas, visitor visas.
  • Who is affected: Almost all foreign nationals including those on work permits, residence permits, and business visas.
  • Impact on processing times: Several of the changes (including removal of the need for a residence permit for those issued a work permit) will significantly reduce processing times.
  • Business impact: Many of the changes, once implemented, will positively impact business.
  • Next steps: Details on the new procedures have not been released, but companies should prepare for changes to residence permit applications in the near future. The Ministry of the Interior is expected to clarify how it will implement the new law, and consular posts will also release information on new filing procedures for resident permit applications.

Background: The Law on Foreigners and International Protection, Law No. 6458, is set to go into effect on April 12. The law will create a new Immigration Administration General Directorate under the Ministry of the Interior and revamp many existing rules and procedures.

“This is the most significant overhaul of immigration-related law in almost a decade,” said Maria Celebi, immigration attorney and partner at Bener Law Office in Istanbul. “Once all ministries implement the changes, we hope to see greater efficiency for transfer of employees, although transfer of their dependents may become somewhat more complicated.”

Here are a few of the main changes to residence permit rules:

  • Residence permits are now required for foreigners staying in Turkey for 90 days or more, rather than 30 days or longer under current law.
  • The law creates several new categories of residence permits including a long-term residence permit, a dependent residence permit for adult-age children, and residence permits for establishing a business or commercial connection, for in-service training programs, and for possession of real estate.
  • Foreigners must file for most types of initial residence permits at a Turkish consulate overseas, instead of in-country at a local police office.
  • Work permits will soon be issued inclusive of a residence permit. However, this version has not been issued yet.

Other procedural changes include:

  • A rule that currently applies to tourists will be expanded to business travelers. The rule prohibits a traveler from staying longer than 90 days within the previous 180 days.
  • Passports must be valid for at least 60 days beyond the validity period of the visa.
  • Sticker visas at the border will be replaced by electronic visas for eligible travelers.
  • Foreigners who violate the terms of their stay will be barred from reentry.

BAL Analysis: Employers should plan for the coming procedural changes, and in particular the new overseas filing requirement for most initial residence permit applications. The impact on processing times will be clearer when the consular posts set out the new documentary requirements and procedures. As for the new work permit that will double as a residence permit, companies should prepare to file as usual for a residence permit until the new version of the work permit is issued.

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.

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 – Low

What are the changes? Turkey is moving away from airport-issued sticker visas and ramping up electronically-issued visas for visitors.

  • Implementation timeframe: Phase out of sticker visa will begin on April 10, 2014. (Note that electronic visas are already available online.)
  • Visas/permits affected: Tourist and business visitor visas only; student and work visas must still go through the regular process and be issued by an embassy or consulate.
  • Who is affected: Visitors who would normally purchase a sticker visa (or banderole) upon entry.
  • Impact on processing times: Faster processing of tourist entries.

Background: Turkey began an online visa system on April 17, 2013, with the intent to eventually replace the “sticker” visa issued at the borders. According to recent comments by the Minister of Culture and Tourism Ömer Çelik, the traditional visa stamps or banderole visas will be eliminated on April 10, 2014, as the e-system becomes more widespread.

The online system allows applicants to log on, provide required information, make an online payment by credit card and download their electronic visa in an estimated 10 minutes. Countries whose citizens are allowed to use the e-visa system include Canada, Indonesia, Ireland, South Africa, Saudi Arabia, the United Kingdom, the United States and most European countries. Citizens of some African and Asian countries are eligible to apply for an e-visa under certain conditions.

BAL analysis: The move to an electronic visa system will benefit those on tourist and commercial/business visitor visas by speeding up the entry process.

This alert has been provided by the BAL Global Practice group and our network partner in Turkey. For additional information, please contact GlobalVisaGroup@bal.com.

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.

Civil unrest in Turkey is currently causing delays in processing times for work and residence permits. In Istanbul and other cities, residence permit processing times have doubled. At Istanbul’s main police station, Vatan Emniyet, which issues initial work and dependent residence permits, the processing time is now estimated to be four weeks.

BAL urges clients to allow for flexibility in planning travel and work start dates. BAL will keep clients updated on any other changes to processing times.

This alert has been provided by the BAL Global Practice group. For additional information, please contact GlobalVisaGroup@bal.com.

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.