International Labor Force Law no.6735 ("The Law") has been enacted as of 13 August 2016. The Law regulates the matters on identifying policies concerning international labor force, implementation, monitoring, procedure and principles to be followed during the tasks and transactions required for work permits and work permit exemptions of the expatriates, , authorizations and responsibilities, rights and liabilities regarding international labor force. Concerning the procedure and principles on Turquoise Card implementation defined within the scope of the aforementioned Law, Turquoise Card Regulation ("The Regulation") has been published in the Official Gazette dated 14 March 2017 and numbered 30007. Through the Regulation, the procedure and principles concerning the rights entitled to the Turquoise Card holder and relatives and exercising those rights during the application, assessment and transition period have been determined. The concerning Regulation has been enacted as of its date of promulgation 14 March 2017 and regulatory provisions are handled by the Minister of Labor and Social Security. Certain essential matters within the published Regulation are provided below. Expatriates who are eligible for Turquoise Card Turquoise Card may be granted to expatriates meeting the qualifications provided below: a) Considered as a high profile labor force in terms of educational status, wage, professional skills and experience, contribution to science and technology and similar features, b) Considered as a high qualified investor in terms of investment or exports level, size of the employment to be provided, contributions on scientific and technological development and similar features, c) Scientist or researcher with contributions to scientific and technological development or handling tasks and research in science, industrial and technological fields seen as strategical for national interests at global level, d) Achievements at international arena with cultural, artistic and sports activities, e) Contributing for Turkey's or Turkish culture's international reputation or promotion, dealing with activities at international level for Turkey's national interests. Turquoise Card Application Turquoise Card application is performed directly over the system domestically while Turkey's representatives in foreign countries which the expatriates are the citizens or legally resident in should be approached abroad. Information and documents concerning the applications abroad may be sent to the Ministry of Labor and Social Security (The Ministry) electronically by the Turkish representatives in foreign countries, an expatriate legally resident in Turkey will be able to apply domestically via a foreigner identity number directly through the system. Resident permit application for relatives of Turquoise Card holders Resident permit application for relatives of Turquoise Card holders should also be made to the Ministry at the same time with the main application in line with the procedures for Turquoise Card. During the Turquoise Card application to be made abroad, in case the required information on the resident permit application of relatives are not available, applications of the relatives could be made to the Ministry within 90 days at the latest starting from the date of entry to Turkey on the condition that visa and visa exemption deadlines are not exceeded. Evaluation of Turquoise Card application A scoring system formed within the context of benchmarks set by the International Labor Force General Directorate (General Directorate) in accordance with international labor force policies is practiced in evaluating Turquoise Card applications. Applications gathering the required points would be considered as positive. The criteria indicated within the Article 11 of the Regulation are taken into account in preparation of the scoring system. General Directorate is authorized for any amendments on this system. Transition period Turquoise Card is assigned provided that the initial three years would be serving as a transition period. During the transition period, General Directorate assigns a specialist for monitoring the activities and commitments of the expatriate holding Turquoise Card and tracking reports are issued within 12 month periods. Turquoise Card's gaining the state of permanency In the circumstance that Turquoise Card of an expatriate is not cancelled during the transition period and his/her claim for the withdrawal of transition registry is considered as appropriate, that registry would be withdrawn and the Turquoise Card would become permanent. Rights and liabilities of expatriates holding Turquoise Card Holders of Turquoise Card benefits of the rights entitled by permanent work permit. The mentioned expatriates; a) would be exempted of the liability of military service in Turkey. b) would not be able to benefit of rights to elect and to be elected, assigned for public jobs. c) have rights gained within social security and are subject to the concerning regulatory provisions in exercising those rights. d) The processes for those Turquoise Card holders regarding their stay, travel, occupation, investment, commercial activities, estate and asset acquisitions and assignation are handled by the relevant institutions in line with the legislation applicable for Turkish citizens. Turquoise Card holders would not be able to demand for benefitting those rights if any conditions of being Turkish citizen is sought through special laws. Card for the relatives of Turquoise Card holder For the relatives of a Turquoise Card holder, a card for the relatives of Turquoise Card holder would be drafted and it will be compensating for a resident permit through the validity period of Turquoise Card. Social security liability The terms on social security contracts which Turkey stands as a party to remain reserved, expatriates holding Turquoise Card and employers hiring expatriates would be meeting their liabilities resulting from social security legislation as per the provisions of the Social Security and General Health Insurance Law no. 5510 dated 31/5/2006 within the legal period. Terms for transition Until the required basis is completed by the Ministry, applications within the context of this Regulation would be made via the Automation of Expatriate's Work Permits to be accessed through e-State. In case the General Directorate considers necessity, documents entered into the system will be carried on being sent to the Ministry in hard copies. Until the Ministry completes the required basis, the transactions for resident permits to Turquoise Card holders' dependents would be handled by the provincial immigration authorities.
Our explanations provided above include general information on the issue. No responsibility can be claimed against
EY and/or Kuzey YMM ve Bağımsız Denetim A.Ş. due to the implications arising from the context of this document or emerging with respect to its context.
Best Regards,
Kuzey YMM ve Bağımsız Denetim A.Ş. | 
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