<p><strong>Comprehensive Legal Support for Commercial Rentals in Turkey</strong><br>Turkey offers a dynamic market for commercial property rentals, attracting foreign investors and businesses seeking retail spaces, warehouses, and industrial properties. Navigating the complexities of commercial leases requires a clear understanding of Turkish laws and contract terms. Bayraktar Law Firm provides specialized legal consultancy for foreign clients renting commercial properties.</p>



<p><strong>Key Legal Challenges in Commercial Property Rentals</strong><br>Commercial leases often include specific terms regarding zoning compliance, liability, maintenance, and rent adjustments. Foreign clients may face additional complexities, such as unfamiliar legal terminology and negotiation practices.</p>



<p><strong>Our Legal Services for Commercial Rentals</strong></p>



<ul class="wp-block-list">
<li><strong>Lease Agreement Review:</strong> We ensure your commercial lease agreement is fair, transparent, and compliant with Turkish law.</li>



<li><strong>Zoning and Licensing Compliance:</strong> Guidance on ensuring the property complies with local zoning laws and licensing requirements for your business activities.</li>



<li><strong>Negotiation Support:</strong> Representation in negotiating lease terms, including rental costs, lease duration, and conditions for termination or renewal.</li>



<li><strong>Maintenance and Alteration Clauses:</strong> Advice on clearly defining responsibilities for property maintenance and permitted modifications.</li>



<li><strong>Dispute Resolution Services:</strong> Legal support in resolving landlord-tenant conflicts or issues with property usage.</li>
</ul>



<p><strong>Why Choose Bayraktar Law Firm?</strong><br>Our expertise in Turkish commercial property law and commitment to serving foreign clients ensures a smooth and secure rental process. We prioritize your business interests and provide tailored legal solutions to meet your needs.</p>



<p><strong>Contact Us</strong><br>If you are planning to rent commercial property in Turkey, Bayraktar Law Firm is here to assist you. Contact us today for expert legal advice and professional support tailored to your business requirements.</p>

2024-12-09

Commercial Property Rentals: Key Legal Issues

<h1>Essential Documents Required for Expunging Criminal Records in Turkey: A Foreigner&#8217;s Guide</h1>
<p>As a foreign national navigating the intricacies of the Turkish legal system, expunging a criminal record can feel like a daunting task. Whether you&#8217;re seeking to remove a past misdemeanor or to clear your name completely, understanding the process is crucial. In Turkey, &#8220;adli sicil kaydı sildirmek için gerekli evraklar&#8221;, or the essential documents required for expunging criminal records, form the bedrock of a successful application. This guide provides a comprehensive look at the paperwork necessary to achieve a clean legal slate.</p>
<h2>1. Application Form for Criminal Record Expunction</h2>
<p>First and foremost, applicants need to complete the official form requesting the expunction of their criminal record. This document must be filled out with utmost accuracy, providing personal details and the specifics of the record in question. It&#8217;s the formal petition that sets the process in motion, and as such, it is a non-negotiable requirement.</p>
<h2>2. Identification Documents</h2>
<p>Proof of identity is paramount when dealing with legal processes in Turkey. Expatriates must present a valid passport or residence permit alongside a copy of their kimlik kartı, if applicable, to confirm their identity. These documents serve to verify that the individual applying is indeed the one whose record is under scrutiny.</p>
<h3>Proof of Residency</h3>
<p>In particular, foreigners must demonstrate their residential ties to Turkey. A rental agreement, utility bills in one’s name, or an official residency document can fulfill this criterion. These papers substantiate your standing as an expat within the country, validating your request in the eyes of the law.</p>
<h2>3. Judicial Records</h2>
<p>To erase a criminal record, one must produce the record itself. An official copy of the judicial records or a &#8216;Sabıka Kaydı&#8217; – the Turkish equivalent of a criminal record – is required. This document encompasses all past convictions and is critical to ascertain what specifically is eligible for expungement.</p>
<h3>Letter of Request from Relevant Authorities</h3>
<p>If the expunging process is part of immigration or job application procedures, a letter from the concerned authority stating the need for a clean criminal record can bolster an applicant&#8217;s case. Such endorsements can be pivotal, particularly when dealing with bureaucratic systems.</p>
<h2>4. Legal Grounds for Expungement</h2>
<p>Not all criminal records are eligible for expungement. Applicants must provide legal proof or expert attestation that their record qualifies for removal under Turkish law. This might include documentation such as court decisions or evidence of rehabilitation. Understanding the legal framework regarding expungement eligibility is essential, and consulting with a Turkish lawyer specialized in criminal law is therefore advised.</p>
<h2>5. Receipt of Payment for Processing Fees</h2>
<p>Lastly, as with most administrative processes, expunging a criminal record in Turkey involves certain fees. It is necessary to include the official receipt of payment for these processing fees when submitting your application. This receipt is a testament to your compliance with the administrative aspects of the procedure.</p>
<p>In conclusion, gathering the &#8220;adli sicil kaydı sildirmek için gerekli evraklar&#8221; is a meticulous process that requires attention to detail. Each document plays a vital role in proving the legitimacy of your application for expunging your criminal record in Turkey. Should you require further clarification or assistance, consulting with seasoned professionals knowledgeable about the Turkish legal system can significantly expedite the process for foreigners living in this vibrant country.</p>
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<p>If you need assistance with expunging your criminal record in Turkey, <a href="https://www.bayraktarattys.com/about-us/">our team</a> at Bayraktar Attorneys is here to help. We specialize in navigating the intricacies of the Turkish legal system and can guide you through the process step by step. <a href="https://www.bayraktarattys.com/contact-us/">Contact us</a> today to discuss your situation and let us provide you with the expert legal <a href="https://www.bayraktarattys.com/services/">assistance</a> you need to achieve a clean slate.</p>
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2024-03-22

Essential Documents Required for Expunging Criminal Records in Turkey: A Foreigner&#8217;s Guide

<h1 class="wp-block-heading">TEKNOPARKS in Turkiye</h1>



<p>This newsletter has been prepared for those who want to run their business in Turkish Teknopark Zones which allows some privileges to companies operating in software fields.</p>



<p>Teknopark, also known as Teknokent, is a model that emerged with Silicon Valley, which was established first in the United States in the 1950s.</p>



<p>Teknopark or Teknokent is the zone rented to companies that will carry out research and development in areas created by universities, and it is supported by regulations that encourage the growth of companies; It is a region consisting of buildings for commercial scientific or industrial research.</p>



<p>Teknoparks generally have a centralized management structure. Typically, institutions and companies in the zones are focused on product development and innovation. In contrast, industrial estates are concentrated on manufacturing, while Teknoparks concentrate on software development and technology functions. Technoparks constitute the infrastructure of the &#8220;Knowledge Economy&#8221; on a global scale; It enables universities and private enterprises to act together in the commercialization of innovation and technology.</p>



<p>In addition to providing land for companies, these Teknoparks offer some common resources: uninterrupted electricity, telecommunications switchboards, reception and security services, administration offices, restaurants, bank branches, meeting centers, parking lots, public transport, entertainment, and sports facilities. In this respect, parks are more advantageous than rental venues because they allow sharing the costs of these services as well as their taxation advantages.</p>



<p>In accordance with the Technology Development Zones Law No. 4691 and the Implementation Regulation, the following exemptions and exceptions are applied to entrepreneurs/companies engaged in research and development, software and design development activities at Teknoparks:</p>



<h2 class="wp-block-heading">Income and Corporate Tax Exemption for Companies and Entrepreneurs</h2>



<p>The earnings of the companies within the scope of this Law application and the income and corporate taxpayers operating in the Region exclusively from software and R&amp;D activities are exempt from income and corporate tax until 31/12/2028.</p>



<h3 class="wp-block-heading">Income Tax Exemption for R&amp;D Employees</h3>



<p>The wages of the R&amp;D employees working in the region related to these duties are exempt from income and all kinds of taxes until 31/12/2028 too.</p>



<h4 class="wp-block-heading">&nbsp;VAT Exemption</h4>



<p>System management, data management, sectoral, internet, mobile and military command and control application software produced exclusively in these zones are exempt from value-added tax until 31/12/2028.</p>



<h5 class="wp-block-heading has-medium-font-size">Social Security Insurance Premium Support</h5>



<p>Pursuant to Article 3 of Law No. 5746 on Supporting Research and Development Activities, the employees working in companies operating in Technology Development Zones within the scope of Law No. 4691 and whose wages are exempt from income tax; Half of the employer&#8217;s share of the insurance premium calculated over the wages they receive in return for their work is covered by the Turkish Republic Ministry of Treasury and Finance for each employee for a period of 5 (five) years.</p>



<h6 class="wp-block-heading has-medium-font-size">Customs Duty Exemption</h6>



<p>Goods imported to be used in research related to software, R&amp;D, innovation and design projects carried out within the scope of the Law in the Regions, customs duty and all kinds of funds, documents and transactions made within this scope are exempt from stamp duty and fee.</p>



<p class="has-medium-font-size"><strong>Support Provided to Faculty Lecturers</strong></p>



<p>Public institutions and organizations and university members whose services are needed as researchers and administrative personnel in the activities in the zones can be employed on a permanent or part-time basis with the permission of the institutions they work for. The incomes of part-time lecturers, lecturers, research assistants and experts for these services are excluded from the scope of university revolving fund.</p>



<p class="has-medium-font-size"><strong>Out of Zones Work Permit</strong></p>



<p>In accordance with the Law No. 4691 in cases where it is necessary to carry out some of the activities within the scope of the project outside the zones can be carried out of the zones. The fees for these activities outside the Region shall not exceed one hundred percent, to be determined separately or jointly by the Council of Ministers.</p>



<p class="has-medium-font-size"><strong>Investment Support</strong></p>



<p>Entrepreneurs/companies are able to benefit from existing R&amp;D offices, as well as engage in software development and R&amp;D activities by constructing buildings on the lands allocated to them for a certain period of time.</p>



<p class="has-medium-font-size"><strong>Convenience of Foreign Employment</strong></p>



<p>Within the framework of the Law No. 4875, the Law No. 4817 of 27/2/2003 on Work Permits of Foreigners and the relevant legislation, foreign national managers and qualified R&amp;D personnel can be employed in the zones without having to stick to the five Turkish employees to one foreign employee rule.</p>



<p class="has-medium-font-size"><strong>Encouraging Foreign Investors</strong></p>



<p>Foreign private legal entities may participate in the managing company within the framework of the Foreign Direct Investment Law No. 4875 dated 5/6/2003 and the relevant legislation. In addition, foreign investors can carry out their R&amp;D, Software and Design activities in the Region within the scope of the laws numbered 4691, 6170 and 6676.</p>



<p class="has-medium-font-size"><strong>Fundamental Sciences Support</strong></p>



<p>According to Article 35/A of the Technology Development Zones Implementation Regulation No. 4691, the monthly gross amount of the minimum wage applied for that year to each of these employees by the companies that employ R&amp;D personnel with at least a bachelor&#8217;s degree in the fields of basic sciences, shall be paid by the Ministry for a period of two years.</p>



<p>This support is also applied to R&amp;D personnel who are graduates of basic sciences employed in the management companies of Technology Development Zones.</p>



<ul class="wp-block-list">
<li>In order to benefit from this support, it is essential that the personnel to be employed are recruited after 1/7/2017 (inclusive) and employed for the first time in the relevant Technology Development Zone.</li>
</ul>



<ul class="wp-block-list">
<li>Technology Development Zone management companies are obliged to notify the Ministry in writing or electronically about the employment and resignation of the personnel employed within the scope of this support.</li>
</ul>



<ul class="wp-block-list">
<li>Businesses that will benefit from this support notify their demands to the authorized institution. The institution evaluates whether the request is appropriate. In this context, the regional manager company submits the application it deems relevant to the Ministry through the portal and the Ministry evaluates the application.</li>
</ul>



<ul class="wp-block-list">
<li>Payments to be made regarding this support are made monthly by the Ministry, taking into account the number of days of insurance premium for the employees within the scope of the support.</li>
</ul>



<ul class="wp-block-list">
<li>In order to be able to make payments within the scope of this support, a report showing that the above conditions are met and that the period wages are paid by the company to the relevant employees must be submitted to the Ministry. The amount approved by the Ministry is paid to the bank account notified by the company until the end of the month following the delivery date of the report.</li>
</ul>



<ul class="wp-block-list">
<li>The minimum information required and other relevant issues to be included in the report to be prepared within the scope of this support are determined by the Ministry.</li>
</ul>



<p>Embark on a journey of growth and innovation by capitalizing on the opportunities Teknoparks offer. Contact <a href="https://www.bayraktarattys.com/about-us/">Bayraktar Attorneys</a> today and let us <a href="https://www.bayraktarattys.com/services/">guide</a> you through the path to success in Turkey&#8217;s technology landscape. Your thriving business starts here.</p>



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2023-09-11

Advantageous Business Zones in Turkey: TEKNOPARKS

<h2><strong>Understanding Defamation in Turkey</strong></h2>
<p>Defamation, a term often heard but not always understood, carries significant legal implications.</p>
<p>In essence, it refers to any concrete action, verbal or written, that tarnishes the honor, dignity, or reputation of an individual.</p>
<p>Let&#8217;s delve into the intricacies of this crime and its implications under the Turkish legal framework.</p>
<h2><strong>Exploring the Offense</strong></h2>
<p>The Turkish Penal Code, under Article 125, delves into the crime of &#8220;Insult,&#8221; encompassing both simple and qualified forms of defamation. Particularly noteworthy are instances where defamation escalates into aggravated offenses, inviting harsher penalties.</p>
<p>For instance, if the defamation targets a public official in the line of duty, the minimum punishment prescribed is one year. Similarly, any act defaming one&#8217;s religious, political, or philosophical beliefs, or insulting sacred values, carries a minimum penalty of one year&#8217;s imprisonment.</p>
<h2><strong>Navigating the Legal Terrain</strong></h2>
<p>In the realm of legal proceedings, a defamation offense requires a formal complaint from the victim within a stipulated timeframe of six months. Failure to lodge a complaint within this window extinguishes the right to pursue legal action.</p>
<p>Following an incident of defamation, the aggrieved party can approach the Public Prosecutor&#8217;s Office to initiate proceedings. Notably, defamation against the President warrants distinct legal treatment, attracting imprisonment ranging from one to four years, indicative of its aggravated nature.</p>
<h2><strong>Proving Defamation: Unveiling the Evidence</strong></h2>
<p>Establishing a case of defamation demands meticulous collection of evidence. Typically, verbal or written expressions constitute the crux of the offense. Central to the legal argument are elements such as an attack on honor or dignity and the societal recognition of the victim&#8217;s standing.</p>
<p>Eyewitness testimonies play a pivotal role, corroborating the occurrence of slanderous or demeaning expressions. Additionally, tangible evidence in the form of messages, emails, or social media posts can substantiate the claim.</p>
<p>In certain instances, expert opinions from psychologists or communication specialists may lend credence to the severity of the offense. Moreover, documenting the emotional toll on the victim further bolsters the case&#8217;s gravity.</p>
<h2><strong>Navigating Legal Procedures</strong></h2>
<p>Following a defamation incident, legal proceedings kick off with an investigative phase. Prosecution procedures entail evidence gathering to substantiate the offense. Detention provisions may be invoked to secure suspects temporarily, preventing evidence tampering.</p>
<p>Arrest measures, tailored to the gravity of the crime, ensure procedural integrity and public safety. The Reconciliation Institution offers an avenue for resolving disputes amicably, particularly in minor offenses.</p>
<h2><strong>In Conclusion</strong></h2>
<p>Defamation, with its multifaceted legal implications, underscores the importance of upholding justice and societal order. The legal apparatus, comprising prosecution procedures, detention provisions, and reconciliation mechanisms, reinforces the bedrock of our legal system.</p>
<p>While this discourse provides insights into defamation within the Turkish legal context, seeking specialized legal counsel is imperative for tailored advice. <a href="https://www.bayraktarattys.com/services/">Defamation</a> cases demand meticulous attention to detail, underscoring the significance of professional guidance.</p>

2024-05-07

Understanding Defamation: Exploring the Legal Dimensions

<p>Sexual harassment involves disturbing another person to satisfy one’s sexual desires without any physical contact. Commonly known as “catcalling” or “verbal harassment,” this form of antisocial behavior can fulfill the elements of the offense. </p>



<p>Sexual harassment is considered a crime of free action, meaning it can be committed through various means such as phone calls, social media, or other communication tools.</p>



<p>Sexual harassment is regulated under Article 105 of the Turkish Criminal Code (TCK, <strong>Türk Ceza Kanunu</strong> in Turkish) within the section on &#8220;Crimes Against Sexual Integrity.&#8221; It punishes immoral actions that violate moral decency, without any physical contact between the perpetrator and the victim. </p>



<p>If there is any physical contact, even brief or unintentional, with sexual intent, it constitutes sexual assault, not harassment. For example, if someone says “Let me kiss you,” it is sexual harassment. However, if they physically kiss the victim, it becomes sexual assault.</p>



<p>It is crucial to emphasize that for an action to be classified as sexual harassment, there must be no physical contact such as touching, rubbing, or fondling. Once physical contact occurs, the offense escalates to sexual assault.</p>



<h3 class="wp-block-heading">Categories of Sexual Crimes:</h3>



<ol class="wp-block-list">
<li><strong>Sexual Exploitation (Article 103 TCK):</strong> Involves sexual actions targeting children under the age of 15 through physical contact. For children aged 15-18, if deceit, force, or threats are used, the crime is still classified as sexual exploitation.</li>



<li><strong>Sexual Assault (Article 102 TCK):</strong> Applies to adults or minors aged 15-18, punishing sexual actions involving physical contact without force, threats, or deceit.</li>



<li><strong>Sexual Harassment (Article 105 TCK):</strong> Involves sexual behavior without physical contact, regardless of the victim&#8217;s age.</li>



<li><strong>Sexual Intercourse with a Minor (Article 104 TCK):</strong> Involves consensual sexual relations with minors between the ages of 15 and 18.</li>
</ol>



<h3 class="wp-block-heading">How is Sexual Harassment Committed?</h3>



<p>Sexual harassment can occur without physical contact and may be either sudden or continuous. The perpetrator must act with sexual intent, targeting a specific individual. </p>



<p>If the action is not directed at someone in particular, other offenses such as insult, threat, or disturbing public peace may be considered.</p>



<p>Common methods of committing sexual harassment include:</p>



<ul class="wp-block-list">
<li>Verbal comments, gestures, or actions that the victim can hear or see.</li>



<li>Harassing phone calls, messages, faxes, or letters.</li>



<li>Sending emails, social media messages, or comments.</li>



<li>Using social media apps like Instagram, Facebook, Twitter, or WhatsApp to send sexually suggestive content.</li>
</ul>



<h3 class="wp-block-heading">Actions and Behaviors that Constitute Sexual Harassment</h3>



<p>The types of behaviors that qualify as sexual harassment have been solidified through various rulings of the Turkish Supreme Court (Yargıtay). </p>



<p>According to its practice, the following actions carried out with a sexual intent can lead to the crime of sexual harassment (YCGK-K.2015/34):</p>



<ul class="wp-block-list">
<li>Making obscene hand gestures,</li>



<li>Blowing kisses with sexual intent,</li>



<li>Proposing sexual intercourse,</li>



<li>Exposing one&#8217;s genitals,</li>



<li>Making comments like “Shall we make love?” or “Do you want to make love?” to the victim,</li>



<li>Catcalling or making verbal comments with sexual intent to a person walking on the street (e.g., &#8220;babe,&#8221; &#8220;beautiful,&#8221; &#8220;you&#8217;re amazing&#8221;),</li>



<li>Climbing up to the victim&#8217;s window and saying, “I will kidnap you; let me in, I’m coming in,”</li>



<li>Sniffing a flower towards the victim with sexual desire,</li>



<li>Repeatedly calling and saying things like, “I’m in front of your house, come outside, I will satisfy you physically and emotionally,” or “I love you, I want to marry you,”</li>



<li>Sending messages like, “Do you want to talk? Missed call me; if you don’t want to, no one will know,”</li>



<li>Saying to the victim, “I know you and your family, get in the car, I’ll take you where you’re going, I won’t harm you,”</li>



<li>Making sexually explicit comments online, such as “Undress,” or “Your body is beautiful,”</li>



<li>Proposing marriage to a married woman or telling her “I love you,”</li>



<li>Giving underwear as a gift or proposing marriage with sexually explicit words.</li>
</ul>



<h3 class="wp-block-heading">How is Sexual Harassment Proven?</h3>



<p>Proving sexual harassment is one of the most debated aspects during legal proceedings. Often, such incidents occur between just two people, with no eyewitnesses, and seldom involve video or camera recordings, making the existence of the crime difficult to prove. </p>



<p>Courts typically rely on the following evidence:</p>



<ol class="wp-block-list">
<li><strong>Victim’s Statement</strong>: The victim’s testimony is a crucial piece of evidence in sexual harassment cases. The Supreme Court has outlined certain criteria for evaluating the credibility of such testimony. Key factors considered include:
<ul class="wp-block-list">
<li>Whether the victim knew the perpetrator before the incident,</li>



<li>If there was any pre-existing hostility between the victim and the perpetrator,</li>



<li>Whether the victim has any reason to falsely accuse the perpetrator,</li>



<li>The consistency and coherence of the victim’s statements throughout the process.</li>
</ul>
</li>



<li><strong>Witness Statements</strong>: Testimonies from witnesses who saw or heard the harassment can be valuable evidence, especially if consistent with the victim’s account.</li>



<li><strong>Phone Communication Records</strong>: Although phone tapping is not permitted for such crimes, call logs can be used alongside other evidence.</li>



<li><strong>Physical Examination of Phones and SMS Messages</strong>: Under certain legal conditions (CMK Article 134), SMS messages, videos, and other digital content on phones can be examined.</li>



<li><strong>Secret Audio or Video Recording</strong>: In cases where harassment is spontaneous and no other evidence is available, secret recordings made by the victim may be considered legal evidence.</li>



<li><strong>WhatsApp, Telegram, etc.</strong>: Messages sent through platforms like WhatsApp can be used as evidence, provided they are properly documented.</li>



<li><strong>Social Media</strong>: Evidence from platforms such as Instagram, Twitter, or Facebook can also be utilized, although it is harder to obtain data from international social media providers.</li>



<li><strong>E-Tespit Method</strong>: The Turkish Notaries Union provides a service allowing users to formally document web pages or social media content 24/7, which can serve as legal proof.</li>
</ol>



<h3 class="wp-block-heading">Penalty for Sexual Harassment (TCK Article 105)</h3>



<ul class="wp-block-list">
<li><strong>Basic Sexual Harassment</strong>: A person who harasses someone sexually can face 3 months to 2 years of imprisonment, or a fine. If the crime is committed against a child, the penalty increases to 6 months to 3 years.</li>



<li><strong>Aggravated Sexual Harassment</strong>: If certain aggravating factors are present (e.g., abuse of power due to a work or family relationship, or exposure in a public place), the penalty is increased by 50%.</li>
</ul>



<h3 class="wp-block-heading">Statute of Limitations, Complaints, and Relevant Courts</h3>



<p>The victim must file a complaint within 6 months for basic cases of sexual harassment. If no complaint is filed within this time, the right to complain is forfeited. </p>



<p>However, aggravated cases of sexual harassment are investigated automatically by the prosecution and have a statute of limitations of 8 years. Cases of sexual harassment are tried in criminal courts.</p>



<h3 class="wp-block-heading">Converting to Fines, Suspension, and Deferred Pronouncement of Judgment</h3>



<p>In some cases, imprisonment for sexual harassment can be converted into fines or the punishment may be suspended under specific conditions. </p>



<p>Courts can also issue a deferred pronouncement of judgment (hagb), meaning the sentence will not be enforced if the individual meets certain conditions during a probation period.</p>

2024-09-12

What is Sexual Harassment (Article 105 of the Turkish Penal Code &#8211; TCK)?

<h1>Requesting a Work Permit In Turkey</h1>
<p>In this post, we have addressed the following: what a work permit is, how to get one, how to apply from overseas and domestically, the conditions, the required papers, the cost, and commonly asked questions. We advise you to study the full essay since every element is crucial.</p>
<p><strong>What is a Turkish Work Permit?</strong></p>
<p>Any foreigner who wishes to work in the Republic of Turkey must get a work permit from the Ministry of Labor and Social Security. This permits the individual to work and remain in the country. In Turkey, it is illegal for a foreigner without a work permit to work in any industry, and this scenario has been related to a variety of fines.</p>
<p>Possessing the ability to regulate foreigners working inside the country&#8217;s borders and conducting the appropriate tests and queries about the foreign worker is also a security-critical aspect of a permit system.</p>
<h2>How Can I Get a Work Permit in Turkey?</h2>
<p>Work permits are available both locally and internationally. Nevertheless, the processes for domestic and international purchases differ. A foreigner who wishes to receive a work permit from abroad must first submit an application for a work visa to the Consulate or Embassy of the Republic of Turkey in his present place of residence.</p>
<p>The foreign national&#8217;s passport, a petition for a work permit, a picture, and a copy of the employment contract are necessary for the work visa application. The relevant paperwork are discussed in full below.</p>
<h3>Applying from Overseas for a Work Permit in Turkey</h3>
<p>If the work permit is to be requested from abroad, the foreigner must first submit an application for a work visa to the Turkish consulate or embassy in that country. After this application, the employer in Turkey or the attorney to whom the power of attorney was granted must supply the following: Within ten working days, the foreigner who applied for a work visa online must apply for a work permit using the supplied reference number. In response to the employer&#8217;s e-government application, all necessary papers are given in person or by mail to the Ministry within six business days.</p>
<p>Under the subheading &#8220;Documents Needed for Work Permit,&#8221; we have outlined in full all of the necessary paperwork.</p>
<p>As a consequence of the employer&#8217;s online application in Turkey, the Ministry of Labor and Social Security evaluates the employee&#8217;s and employer&#8217;s supplied information and documents. As a consequence of these checks, missing papers are sought from the employer if any are discovered.</p>
<p>With the collecting of all papers, the Ministry conducts examinations and, if deemed necessary, seeks the advice of other authorities before deciding whether to accept or deny the application.</p>
<p>The foreign worker must pay the work visa fee to the Foreign Representation and acquire the visa when the work permit has been authorized. Nevertheless, the foreign worker may only enter the Republic of Turkey for up to 180 days.</p>
<p><strong>Requesting a Work Permit from Domestic (in Turkey)</strong></p>
<p>To work in Turkey and receive a work visa, a foreigner does not need to apply to Turkish authorities overseas if he or she is already in the country. Nevertheless, in order to receive a work permit, the foreign citizen must have a valid residence visa for at least six months. You may read our article named &#8220;Residence Permit&#8221; for more information regarding the residency permit.</p>
<p>If the foreign worker has a residence visa valid for at least six months, the Turkish employer must apply for a work permit using the online system. As a consequence of this employer&#8217;s online application, all necessary papers are presented in person or by mail to the Ministry within six business days.</p>
<p>The phases that follow this phase are the same for all processes, as stated in the preceding title. The Ministry performs and complete the appropriate exams.</p>
<p><strong>Application for Work Permit and Conditions</strong></p>
<p>Employers submit work permit applications for foreign workers through e-government to the Ministry of Labor and Social Security. Using the reference number provided when he applies for a work visa at the Consulate or Embassy of the Republic of Turkey, the foreign national may apply for an employer&#8217;s work permit abroad.</p>
<p>In addition to the application for approval submitted by the employer, the Ministry also receives information and documentation regarding the foreign national. The needed paperwork for the employer and the foreign employee differ. In order to conduct a healthy application procedure, it is essential to provide correct and full documentation. Upon the acceptance of the application, the foreign worker receives the work permit card.</p>
<p>The work permit paperwork is sent to the foreign worker by Cargo, and its status may be monitored online. This permission card provides proof that the foreign national has been granted legal status as a foreign worker.</p>
<p>The employer must complete the employee&#8217;s insurance processes via SGK within 30 days of the foreign worker&#8217;s employment start date, if the worker&#8217;s application is granted and he or she begins work.</p>
<p>Not every foreigner seeking employment in Turkey will possess a work visa. Foreigner work permits are subject to a variety of criteria and limitations. Foreign nationals who fulfill these qualifications and criteria and whose applications are granted will be permitted to work lawfully in Turkey.</p>
<p>We may outline the prerequisites for a foreigner&#8217;s work visa as follows:</p>
<ul>
<li>The paid-in capital of the workplace where the application for a work permit is lodged must be at least 100,000 Turkish Lira. In addition, this company&#8217;s annual gross sales must be at least 800,000 Turkish Lira (TL) or the previous year&#8217;s export volume must be at least 250,000 U.S. dollars.</li>
<li>At least five workers in the workplace where the foreign worker wishes to work must be Republic of Turkey nationals. If the foreign worker is a partner in the firm, at least five Turkish nationals must have worked at the workplace during the past six months of the work permit&#8217;s validity. There should be one foreign employee for every five Turkish nationals.</li>
<li>If the work permit is to be requested on behalf of a business partner, the foreigner who is a company partner and wishes to get the permit must own at least 20 percent of the firm&#8217;s capital. This number should exceed 40,000 Turkish Lira.</li>
<li>The foreign employee&#8217;s remuneration must be appropriate with the duties and labor he or she is expected to complete, and it must be strictly more than the minimum wage. The minimum wage requirements are set by the ministry and must be reviewed prior to application.</li>
<li>The first two requirements are not necessary for domestic job employment applications (sick-elderly-babysitting).</li>
<li>If the firm is in the tourist and travel industry, the second criteria is not necessary.</li>
</ul>
<p>In every application, eligibility in terms of criteria that may be supplementary for the applicant or applicant company must be verified.</p>
<p><strong>Necessary Documents for Work Permit</strong></p>
<p>Once the employer submits a work permit application using the online portal, the Ministry receives the required documentation within six business days. In addition to the papers submitted with the application, the Ministry must receive the originals. It is possible to deliver documents in person or via mail.</p>
<p>Different documentation are necessary for foreign employees and employers, local and international work permit applications.</p>
<p>Secondly, if we need to gather and arrange the papers necessary for the first application, we may do so as follows:</p>
<p>Depending on the circumstances, the foreign worker must provide the following documents:</p>
<ul>
<li>Copy of diploma or temporary high school diploma. It must be translated into Turkish and authorized by the government.</li>
<li>Statement of Equivalency It applies to international employees who obtained their postsecondary education outside of Turkey.</li>
<li>Certificate of Competency for international employees working in educational establishments. It is available via the Ministry of National Education.</li>
<li>Residence permit with a minimum six-month validity (unnecessary for overseas applications)</li>
<li>A copy of your passport.</li>
</ul>
<p>Documents that must be submitted by the employer:</p>
<ul>
<li>Form for work permit applications</li>
<li>Authorities-approved profit and loss statement and balance sheet for the previous year. (Commercial Activity Certificate) Gazette of the Turkish Trade Registry. It displays the capital and partnership status of the firm.</li>
<li>Authenticated power of attorney</li>
<li>Employment agreement between the employer and the foreign employee</li>
<li>Salaries of Turkish nationals working in positions where foreign professionals are required.</li>
<li>Upon the completion of the first online application, the Ministry of Labor and Social Security must receive the following materials.</li>
</ul>
<p><strong>Domestic Applications</strong></p>
<p>Documentation required from the foreign worker for work permit in Turkey as follows:</p>
<ul>
<li>Employment agreement signed by the employer and the employee.</li>
<li>Proof of a valid residency permit for at least six months</li>
<li>A copy of your passport.</li>
<li>Copy of the diploma</li>
<li>Reference letter, if applicable.</li>
</ul>
<p>Documents that must be submitted by the employer for work permit in Turkey as follows:</p>
<ul>
<li>Application request</li>
<li>Form for work permit applications</li>
<li>Balance sheet, profit and loss statement, and tax office approval for the previous year.</li>
<li>Turkish Trade Registry Gazette</li>
<li>Certificate of completion.</li>
<li>Power of attorney notarized by the applicant</li>
</ul>
<p><strong>Abroad Applications</strong></p>
<p>Documentation required from the foreign worker:</p>
<ul>
<li>In addition to the papers indicated above, one photograph is required.</li>
</ul>
<p>Documents that must be submitted by the employer:</p>
<ul>
<li>In addition to the foregoing papers, a copy of the foreign worker&#8217;s diploma and passport must be submitted.</li>
</ul>
<p>The employment contract is more crucial than the other agreements. To avoid having an application rejected, it is crucial that the wage and work description mentioned in the employment contract be properly prepared. The remuneration shall not go below the values established by the ministry.</p>
<p><strong>Work Permit Extension Request</strong></p>
<p>The work permit is initially issued for a maximum of one year. The first extension is granted for a maximum of two years at the conclusion of the first year. The extension for the employee who has completed three years may be granted for a maximum of three further years.</p>
<p>The Ministry of Labor and Social Security processes applications to engage foreign employees. This application must be submitted within sixty days of the expiration of the work visa. The application of the foreign employee who does not apply for an extension during this 60-day period will not be considered.</p>
<p>Foreigners on whose behalf an application for a work permit extension is submitted may continue to work during the evaluation of the application from the date of expiry of the permit period and in any case as long as the period does not exceed 90 days and the work performed and workplace do not change. This work is regarded as legitimate. This 90-day interval has been established in consideration of potential delays in the extension application procedure. During this time, the rights and responsibilities of the foreigner and the employer remain unchanged.</p>
<p>In addition to the documents listed above, the foreign employee must submit the previous work permit document to the Ministry in order to apply for a work permit extension. Together with the work permit extension application petition, the employer sends the foreign employee application form, the SGK registration number of the foreign employee, and the other employer-related papers indicated above.</p>
<p>The employer requesting an extension should pay close attention to:</p>
<ul>
<li>To deposit the whole amount of the foreigner&#8217;s pay via the bank.</li>
<li>The foreigner must have made payments to SGK and not owe SGK money.</li>
<li>The corporation has no tax debt.</li>
<li>Employing at least five Turkish workers for every one foreigner (we mentioned the exceptions above)</li>
<li>The applicant seeking an extension should pay close attention to:</li>
</ul>
<p>Not to spend more than six months outside of Turkey throughout the duration of the permission.</p>
<p>not having committed any criminal act</p>
<p>Required documentation for work permit extension:</p>
<p><strong>Work Permit Extension Extension Application</strong></p>
<p>Extension application form completed in an electronic setting</p>
<p>Copy of passport Previous work permit document Trade Registry Gazette displaying the most recent capital structure and number of shareholders for the company</p>
<p>Balance sheet, profit and loss statement, and tax office approval for the previous year.</p>
<p>Work Permit for Foreign Service Providers</p>
<p>In order to avoid potential complaints, the hiring of foreign employees for domestic tasks is subject to specific restrictions. So, the foreign worker cannot do all home services. The foreign worker who want to engage in domestic services may only serve as a babysitter, caretaker for the elderly, or nurse. Employing foreigners for cleaning is illegal, and obtaining the requisite authorization is impossible.</p>
<p>Hence, a kid under the age of 15 must reside in the home in order to get a permit to employ foreign employees in child care. For elderly caregivers, a 65-year-old or older must reside in the household. It is essential for nursing that a patient requiring care at home be alive. Male immigrants are not permitted to work in domestic service unless in extreme circumstances needing intensive care.</p>
<p>Again, the verified family income of applicants for a work permit to provide domestic services must exceed a specified threshold.</p>
<p>These criteria must be recorded with the aforementioned papers and submitted to the appropriate Ministry after an online application.</p>
<p>If you are planning to work in Turkey as a foreign national, it is important to understand the requirements and steps involved in obtaining a work permit. Be sure to gather all necessary documents and follow the appropriate application process, whether applying from overseas or domestically. If you have any questions or need <a href="https://www.bayraktarattys.com/contact-us/">further assistance</a>, consider consulting with a qualified immigration lawyer or reaching out to the Ministry of Labor and Social Security for guidance. Best of luck with your work permit application!</p>


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2023-03-25

Applying for a Work Permit In Turkey

<h2><strong>Understanding and Challenging Cadastral Survey Errors in Turkey</strong></h2>
<p>Dealing with cadastre-related issues in a foreign country can be a daunting task, particularly if one is unfamiliar with the local legal system.</p>
<p>In Turkey, the cadastre, known as <em>kadastro</em>, refers to the official ledger of real estate properties, detailing their recognized borders and registered owners.</p>
<p>Errors in the cadastre can have significant legal repercussions, leading to disputes over land ownership and boundaries.</p>
<p>For foreigners owning property or considering real estate investments in Turkey, understanding how to navigate the cadastre and, more importantly, how to challenge errors, is critical.</p>
<p>This blog aims to shed light on the concept of &#8220;<strong>kadastro tespitine itiraz</strong>&#8221; – the legal objection to cadastral determinations – offering a straightforward guide to handle such discrepancies.</p>
<h2>A Brief Introduction to the Turkish Cadastral System</h2>
<p>The Turkish cadastral system is the foundational registry for all land and property within the nation&#8217;s borders. It is crucial for ensuring legal certainty in real estate transactions and property rights.</p>
<p>A cadastral survey, therefore, is a precise examination and recording of property boundaries and ownership data. Errors in the cadastre can occur due to mistakes during initial surveys, outdated records or even clerical mishaps.</p>
<p>These errors can affect the value, usage, and rightful ownership of the land, making it vital for property rights to be accurately represented.</p>
<h2>Recognizing Cadastral Survey Errors</h2>
<p>Foreigners in Turkey may encounter a range of cadastral errors, such as mismatches in property size, incorrect boundary delineations, or misregistered ownership details.</p>
<p>Recognizing these discrepancies often requires the assistance of a professional, such as a licensed surveyor or an experienced real estate attorney.</p>
<p>Once an error is identified, the affected party must act promptly, as Turkish law imposes certain time limits for challenging cadastral records.</p>
<h3>Legal Framework for &#8220;Kadastro Tespitine Itiraz&#8221;</h3>
<p>The primary step in challenging a cadastral error is to file a legal objection, known as &#8220;<strong>kadastro tespitine itiraz</strong>.&#8221; This process entails submitting a petition to the relevant local cadastral office or, depending on the case, pursuing the matter in the Turkish courts.</p>
<p>Foreigners must be aware that this process is subject to stringent procedural rules and deadlines. For instance, there is often a 30-day period following the announcement of a cadastral survey result to file an objection.</p>
<p>It is recommended to seek legal representation from an attorney well-versed in the Turkish legal system to navigate through these proceedings effectively.</p>
<p>Also Read; <a href="https://www.bayraktarattys.com/main-types-of-lawsuits-in-turkish-real-estate-law/">Main types of lawsuits for real estate in Turkey</a></p>
<h2>Seeking Legal Assistance</h2>
<p>Considering the complexities of cadastral laws and the added challenge of language barriers, foreign property owners should consider enlisting the help of skilled local legal counsel.</p>
<p>An attorney who specializes in Turkish property law can offer invaluable assistance in filing objections, representing clients in court, and ensuring the protection of their real estate assets in Turkey.</p>
<p>Additionally, a law firm with experience in serving foreign clients can provide clarity and guidance throughout the potentially complicated process.</p>
<p>So reach out to <a href="https://www.bayraktarattys.com/">Bayraktar Attorneys</a> for legal assistance in real estate law.</p>
<p>In conclusion, &#8220;kadastro tespitine itiraz&#8221; is a crucial legal right for landowners and investors in Turkey to ensure their property records are accurate and protected.</p>
<p>Understanding the steps to identify, challenge, and correct cadastral survey errors can safeguard a foreigner’s real estate investments in Turkey. Leveraging the expertise of a competent legal professional is often the best approach to handling such sensitive matters.</p>

2024-04-18

Understanding and Challenging Cadastral Survey Errors in Turkey: A Foreigner&#8217;s Legal Guide

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