1. Does the Montage Visa Recognize the Right to Legal Work?
Article 55 of the Law on Work Permits of Foreigners No. 4817 titled “Exemptions”Implementing Regulation sets forth the scope of Montage visa in sub-paragraph C.
In accordance with this article, foreign personnel also come to Turkey with montage visa in order to work up to 90 days in 1 year for montage, maintenance, repair and training purposes. In accordance with the application regulation of the relevant law and the application principles of the Consulate, the applications for Montage Visa are evaluated by our Consulate to which the foreigner’s address is affiliated.
Article 55/C of the Law No. 4817:
For the purpose of assembling, maintaining and repairing the machinery and equipment imported to Turkey, providing training on its use or receiving the equipment or repairing the vehicles that fail in Turkey; (Amended expression: RG-22/1/2015-29244) provided that they do not exceed a total of three months from the date of entry to Turkey and that they prove this case with the documents they will submit,
2. What are the social security obligations for foreign personnel?
The law numbered 5510 on the fact that foreign personnel working with assembly / montage visa do not need to be insured is attached.
Related article of the Law is stated below.
Pursuant to subparagraph (e) of Article 6 of the Law No. 5510 with the Law No. 6552;
In accordance with the “Subparagraph (e) of Article 6 of Law No. 5510 was amended by Law No. 6552, which entered into force on 11.09.2014, and according to this amendment, the Law entered into force on 11.09.2014. 2014, without prejudice to the provisions of international social security agreements; persons who are sent to Turkey for a job not exceeding three months by any organization established in a foreign country and on behalf and account of that organization and who document that they are subject to social insurance in the foreign country and those who reside abroad and are subject to the social security legislation of that country among those who work independently on their own behalf and account in Turkey will not be considered insured.
Those who are insured or retired in countries where no social security contract has been signed and who come to work in our country for a maximum period of three months shall not be deemed to be insured in accordance with the prevailing provision of this regulation made with the Law No. 6552, to be valid as of 11.09.2014. Insured persons who come to work for more than three months shall be deemed to be insured as of the day following the expiration of the third month in which they started to work. “
3. Must Health Insurance be provided for Foreign Personnel?
Foreign personnel are requested to provide an internationally valid health insurance covering the period of their montage visa and their employment in Turkey through our Consulates. This international health insurance covers health problems or work accidents that may occur during work, stay or travel in Turkey.
4. Is an additional application (application to the Immigration Administration or the Police Department) required for foreign personnel in Turkey?
With the International Labor Law numbered 6458 published on 04.04.2013, all authority in relation to the residence permit applications and procedures of foreigners was obtained from the Police Department Foreigners Branch and entrusted to the General Directorate of Migration Management under the Ministry of Interior. After the implementation of the law was clarified, the Directorate General of Migration Management became the sole authorized institution for foreigners’ residence permit procedures. It is specified in the relevant law.
In addition, in the following article of the same law, it is stated that no residence permit application can be made for foreign personnel who come to work in Turkey with 90-day assembly visa and they are exempted from residence permit.
LAW ON FOREIGNERS and INTERNATIONAL PROTECTION dated 4.4.2013 and numbered “6458”
Residence permit
ARTICLE 19 – (1) Foreigners who will stay in Turkey for longer than the period granted by a visa or visa exemption or for more than ninety days must obtain a residence permit. The residence permit expires if it is not used within six months.
Exemption from residence permit
ARTICLE 20- (1) The following foreigners shall be exempted from residence permit:
a) Those who come with or without a visa for up to ninety days, foreigners who come during the visa period or visa exemption are exempt from residence permit.
You can get professional consultancy support from Miorec for montage visa applications.
