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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.
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.
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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.
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:
Other procedural changes include:
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.
IMPACT – Low
What are the changes? Turkey is moving away from airport-issued sticker visas and ramping up electronically-issued visas for visitors.
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.
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.