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Regulation on Turkuaz Card was Published in Official Gazette

HAZAL SAHIN MEHMET BURAK OZATA
Regulation on Turkuaz Card was Published in Official Gazette

For foreigners applications of whom are approved by the Ministry of Labor and Social Security upon suggestion by International Manpower Policy Advisory Committee; regulation on “Turkuaz Card” which grants the foreigners right to work and reside in Turkey for an indefinite period and their relatives only right to reside in Turkey, was published in Official Gazette.

In the Ministry of Labor and Social Security regulation, procedures and principles are regulated for Turkuaz Card applications, assessment of applications and transition period, and rights granted to the cardholder and their relatives and use of these rights.

“Turkuaz Card”, which grants a foreigner the right to work or reside in Turkey for an indefinite time and entitles their relatives only to reside in Turkey, may be granted to the individuals:

  • Who is assessed to be a high-graded workforce in terms of their educational level, compensation, occupational knowledge and experience, contribution to science and technology and similar specialities.
  • Who are high-graded investors regarding investment or export level, the magnitude of the employment they will ensure, their contribution to scientific and technological developments, and their similar characteristics.
  • Who are scientists or researchers carrying out studies and research contributing to scientific and technological developments or deemed strategic for the country’s benefits in industry and technology at the international level.
  • Who succeed internationally in cultural, artistic or sportive activities, contribute to the international recognition or promotion of Turkey or Turkish culture, and carry out international activities for Turkey’s national benefits.

Related Article: How to Obtain a Work Permit in Turkey?

What Is The Application Process For a Turkuaz Card?

Application for Turkuaz Card shall be made directly in the country through the Ministry of Labor and Social Security Foreigner Application, Assessment and Monitoring System or in the event applicant is abroad, through the Foreign Representative Office of Turkey located in the country where the foreigner is the citizen or resides legally. Information and documents for application made abroad shall be delivered electronically to the Ministry by the Foreign Representative Office of Turkey.

A foreigner who has been legally residing in Turkey could apply in the country directly themself over the system with a foreigner identity number. An authorized intermediary institution may apply for Turkuaz Card within or outside the country on behalf of the foreigner. The application shall be completed when information and documents determined for the foreigner and their relative during the application are entered into the system.

The application made by the cardholder for their relative’s residence permit shall be made to the Ministry in accordance with Turkuaz Card application procedure and simultaneously with this application; however, in applications made abroad, in case the information required for a residence permit of Turkuaz Card holder’s relative is missing, applications for these foreigners may be made to the Ministry within latest 90 days following the entrance into Turkey; provided that visa or visa exemption limits shall not be exceeded.

Also, documents shall be added to the application, which shows the foreigner’s matrimony bonds in terms of spouse and guardianship relation in terms of their child care and is obliged to look after.

Point Scoring System

The Point Scoring System to assess the application shall be implemented in the direction of qualifications and criteria determined.

Qualifications and criteria to be evaluated in point scoring:

  • For the foreigners evaluated as qualified workforce; criteria showing educational background, the prestige of the higher education institution where they receive education, wage level, work or occupational experience as a senior manager in high-graded jobs requiring expertness or R&D area; harmonization between the education and the job or profession; foreign languages they know except for their native language and their qualities.
  • For foreigners assessed as a qualified investor; criteria showing the level of investment, export or employment documented or committed, characteristics of the sector, area and the business into which an investment will be made, movables or immovables owned in Turkey as well as intellectual or industrial property rights and that rights’ natures.
  • For scientists or researchers; academic title, work or occupational experience in nationally or internationally recognized, higher education institutions or organizations distinguishing in the fields of science and technology, patents, trademarks and licenses registered by national or international institutions and similar criteria showing work or occupational experience and qualifications in important assignments, in sectors strategic for country’s economy such as innovation activities, R&D or informatics, defence, mining and energy.
  • For foreign sportsmen/sportswomen; similar criteria showing awards or achievements the sportsman/sportswoman win individually or with a club license in national or international individual or clubs competitions in the sports branch in which they are engaged, their club’s national or international achievements regarding the legal status of the sports club to which they belong, their national sportsman/sportswoman status in the country of which they are a citizen and the nature of this status.
  • For the foreigners owning intellectual and artistic works; similar criteria show works’ popularity, national or international awards and qualities.
  • For the foreigners contributing recognition or promotion of Turkey or Turkish culture; promotion activities containing information such as duration, sustainability, continuity and influence area, intellectual and artistic works, activities carried out internationally as a Turkuaz volunteer and similar criteria.

Rights and Obligations of Card Holder

Turkuaz Cardholder shall benefit from the rights ensured by permanent working permit. Foreigners having Turkuaz Card shall be exempt from compulsory military service in Turkey. They may not benefit from the right to elect and be elected and also the right to get a public service. Their rights vested for social security are reserved, and use of these rights shall be subjected to provisions in the respective legislation.

  • Cardholders’ actions such as residing, travelling, working, investing, carrying out commercial activities, acquiring inheritance, movables and immovables shall be subjected to the legislation applied by respective institutions and organizations to Turkish citizens. If being a Turkish citizen is a condition for using these rights and obligations in these special laws, Turkuaz Cardholders shall not claim to benefit from these rights.
  • Turkuaz cardholders and their relative may be entitled to be Turkish Citizens if it’s proposed by the Ministry; on condition that cardholder and their relative do not have any status that might constitute an impediment in national security and public order and the record of the transition period is revoked.
  • The card to be issued for the cardholder’s relative shall take the residence permit during the validity of the Turkuaz Card. If Turkuaz Card becomes invalid, other cards issued to their relative will also be cancelled.
  • Applications for Turkuaz Card and assessment of these applications may be restricted or discontinued by the Ministry in the direction of international manpower policy for a definite period by agricultural, industrial or service sectors, a certain area of the profession, line of business or territorial and geographic area.

Annulment of Card

Turkuaz Card may be annulled only in case:

  • Except for the request of the foreigner, Turkuaz Card does not reach Turkey within six months following the validity date or stays abroad continuously for more than two years without any force majeure,
  • Validity of their passport or the document taking the place of passport is not extended unless the Ministry of Interior or Ministry of Foreign Affairs grants opinion of appropriateness,
  • They are detected to work in a manner contrary to the provisions specified in the Law or an unrecorded manner,
  • It’s later determined that the foreigner has not worked minimum for one year in a continuous manner and card application is made with counterfeit or misleading information and documents,
  • Information and documents requested for the transition period are not submitted on time, or it’s understood that the foreigner has lost their eligibility to the beholder of Turkuaz card,
  • The Ministry of Interior notifies that it’s from foreigners who will not be allowed to enter into Turkey, will not be granted a visa or will be deported,
  • Public institutions and organizations notify that they consider that person’s employment in Turkey would be harmful to public order, public safety or public health.

Related Article: Obtaining a Work Permit in Turkey.