Residence and Work Permits in Turkey for Azerbaijani Citizens

A detailed examination of visa-free entry for Azerbaijani citizens, the 90-day stay within each 180-day period, whether a work permit application should be filed from within Turkey or abroad, the residence permit requirement, and whether a work permit is needed when establishing a company in Turkey.

Although Azerbaijani citizens may enter Turkey without a visa, the visa exemption does not grant an unlimited right to stay or to work in Turkey. Azerbaijani citizens who wish to live or work in Turkey for an extended period must plan their residence and work permit processes in good time.

General Overview

Due to the close relations between Turkey and Azerbaijan, a large number of Azerbaijani citizens live, work, or wish to establish a business in Turkey. While Azerbaijani citizens benefit from significant facilitations upon entry into Turkey, one of the most frequently encountered problems in practice is the confusion between the right of visa-free entry and the right of residence and work.

The ability to enter Turkey without a visa does not grant a foreign national the right to stay in Turkey for any period they wish or to work at any workplace. The visa exemption is merely a facilitation concerning the entry stage; the foreign national's residence status and right to work in Turkey are subject to separate legal regulations.

How Many Days Can Azerbaijani Citizens Stay in Turkey Without a Visa?

Azerbaijani citizens travelling to Turkey with ordinary or official passports are exempt from visa requirements for a total of up to 90 days within each 180-day period. This period is significant for touristic or short-term stays.

However, Azerbaijani citizens who wish to remain in Turkey for longer than 90 days must hold a residence permit appropriate to their situation or another lawful stay status. The point to be noted here is that the 90-day period does not restart with each entry; it is calculated on the basis of the total duration of stay within each 180-day period.

Exceeding the 90-day period may result in the foreign national being in an irregular situation in Turkey, which may lead to administrative fines and, depending on the circumstances, an entry ban to Turkey. For this reason, it is of great importance to monitor the duration of stay and to transition to an appropriate status before the period expires.

Does the Right of Visa-Free Entry Grant the Right to Work?

No. The ability of an Azerbaijani citizen to enter Turkey without a visa does not mean that they have the right to work at any workplace in Turkey.

As a rule, a work permit must be obtained on behalf of a foreign national who will work in a dependent capacity in Turkey. If work is carried out without a work permit, administrative sanctions may arise both for the foreign national and for the employer who employs them. In addition to an administrative fine, the foreign national also faces the risk of deportation and an entry ban.

Can a Work Permit Application Be Filed for an Azerbaijani Citizen Present in Turkey?

A work permit application may be filed either from within Turkey or from abroad. Which route is followed depends on the foreign national's legal status at the time of application.

If a foreign national present in Turkey holds a residence permit issued in their name with a validity period of at least six months that remains valid on the application date, the employer may file a work permit application from within Turkey.

Accordingly, an Azerbaijani citizen present in Turkey solely under the 90-day visa exemption cannot file a standard domestic work permit application merely because they are physically present in Turkey. The foreign national's residence status must be separately examined before the application.

How Is a Work Permit Obtained Without a Residence Permit?

For an Azerbaijani citizen who does not hold a residence permit suitable for a work permit application in Turkey, the application may as a rule be made from abroad.

The foreign national applies for a work visa at the Turkish Republic's foreign representation in Azerbaijan or in the country where they are lawfully present. Using the reference number provided by the foreign representation, the employer in Turkey completes the work permit application through the e-Permit system.

Since this process involves stages such as obtaining an appointment at the foreign representation, the evaluation of the application by the Ministry, and the examination of whether the employer meets the applicable criteria, it requires a certain amount of time. For this reason, particularly for foreign nationals whose period of stay in Turkey is nearing its end, the work permit process should not be left to the last day.

Is a Work Permit Required if an Azerbaijani Citizen Establishes a Company in Turkey?

As a rule, there is no obstacle to Azerbaijani citizens becoming shareholders of a company in Turkey. However, being a company shareholder is different from actually working in the company or acting as a company director.

Depending on the foreign national's position within the company and their actual activity, a work permit requirement may arise. For this reason, following the establishment of the company, it must be separately assessed whether the foreign national will merely be a shareholder, whether they will manage the company, and whether they will actually work in Turkey.

Furthermore, company formations established solely for the purpose of obtaining a residence permit and not based on genuine commercial activity may cause problems at later stages in respect of both residence permit and work permit applications. It is important that the decision to establish a company is grounded in commercial reality.

Conclusion

The fact that Azerbaijani citizens may enter Turkey without a visa does not mean that they hold an unlimited right of residence or work in Turkey. Azerbaijani citizens may benefit from the visa exemption for up to 90 days within each 180-day period; for longer stays, an appropriate residence or work permit is required.

For Azerbaijani citizens wishing to work in Turkey, whether the application will be filed from within Turkey or from abroad, the existing residence permit, previous lawful periods of stay, and whether the employer satisfies the work permit criteria must be assessed together.

Legal support may be obtained from MCG Law Firm regarding residence permits, work permits, company formation, and other procedures arising from immigration law for Azerbaijani citizens in Turkey.