9 replies to this topic

[Macavey]

I'm American. I've been here a very long time, my husband is Turkish. I work at a university as a specialist, and have a residence permit based on my university job. I have never applied for Turkish citizenship because my salary would drop by 2/3 if I did and we need the steady income.

Recently a friend and I have been discussing setting up a Limited company. She is Turkish. The company will be online. I want to keep my primary job yet be a partner in this start up. Is this legally possible?

[lawyerinIzmir]

I'm American. I've been here a very long time, my husband is Turkish. I work at a university as a specialist, and have a residence permit based on my university job. I have never applied for Turkish citizenship because my salary would drop by 2/3 if I did and we need the steady income.

Recently a friend and I have been discussing setting up a Limited company. She is Turkish. The company will be online. I want to keep my primary job yet be a partner in this start up. Is this legally possible?

Hi;

Yes, it is legal and no problem.

[Macavey]

Thanks for getting back to me so quickly. This is great news.


Just to clarify: why is it legal? I mean, is it just important that I have a residence permit and it does not matter why I have it (it could be a spouse-based ikamet, for example), or is it because my residence permit is based on a work permit? Or do they really not look that closely?

It would be nice to know the rule so I can explain it to my husband, and to my prospective partner.

Thanks

[jasonthelawyer]

Dear Macavey,


According to FDI Law (Law Nr. 4875), Foreigners are free to make direct investments in Turkey. And it does not have anything to do with ikamet or work permit. anyone may become a partner of a Turkish company regardless of his/her country of residence.

you can read the relevant text from here: http://www.legalispl...875 Nr Code.pdf

However, in case a foreign partner will take a managerial position (e.g. Company Manager in Limited Companies) in the company, he/she needs to get a valid work permit and residence permit.

[Macavey]

Dear Macavey,


According to FDI Law (Law Nr. 4875), Foreigners are free to make direct investments in Turkey. And it does not have anything to do with ikamet or work permit. anyone may become a partner of a Turkish company regardless of his/her country of residence.

you can read the relevant text from here: http://www.legalispl...875 Nr Code.pdf

However, in case a foreign partner will take a managerial position (e.g. Company Manager in Limited Companies) in the company, he/she needs to get a valid work permit and residence permit.

So if I understand you correctly, it is okay to invest in my case, but if I want to actually play an active role in our company, it is a different matter.

And this was my original question. I have a valid work permit/ikamet through my university (and I do not see this ending in the near future). Can I also work at a company I have established if my papers are with the university?

[lawyerinIzmir]

Thanks for getting back to me so quickly. This is great news.


Just to clarify: why is it legal? I mean, is it just important that I have a residence permit and it does not matter why I have it (it could be a spouse-based ikamet, for example), or is it because my residence permit is based on a work permit? Or do they really not look that closely?

It would be nice to know the rule so I can explain it to my husband, and to my prospective partner.

Thanks

Hi,
It is good question.

It is legal, becouse it is about been nationality. You set a company in turkey. The nationality of your company will be Turkish Nationality. Your company does not need working permission to deal in turkey. But if your self (as a person) want to work in turkey, you are not turkish and need a work permission.

[Macavey]

Okay, thanks. But I still need an answer.

1. I have been working at a university for many years and have a work permit and residence permit from that.

2. I want to work in my new company, as well.

3. Is No. 2 possible with work/resident permit from No. 1?

Basically, can one have a work permit from one place and then get a second job elsewhere.

Thanks in advance.

K.

[Abi]

I do know that the work permit you have now for the university will only cover you for that job, so it you couldn't use it for your new company as well. You would need a second work permit for your new company. The problem which needs to be answered is 1 person allowed 2 work permits in Turkey.

[Macavey]

Yes, exactly!

I rather think the answer would be no.

I think I will go for Door Number Three, apply for citizenship and not worry about any of this.

[Abi]

I agree I don't think you would get another work permit either. I think you are very wise to go for Turkish Citizenship, it will just make life so much easier for you. I can't see that you will have any problems getting it you have a lot to offer and you are fluent in Turkish. The only down side is going to be the loss in pay which is annoying and the wait to actually get Turkish Citizenship. However, when your new business gets off the ground it should make up for it. Shame you haven't got any friend who can pull a few strings for you.