Cross-Border Service Provider in Türkiye: Exemption and Permit

When an employee of a company abroad comes to Türkiye to install a machine, attend a meeting, negotiate a contract with a client or provide short-term consultancy, the question often arises: is a business visa enough, or is a work permit needed? The legislation defines these people as cross-border service providers and sets out three separate regimes depending on duration.

🧳 Who Is a Cross-Border Service Provider?

Art. 3/1-f of International Labour Force Law No. 6735 defines a cross-border service provider as a foreigner who is in Türkiye on a temporary basis for the purpose of providing a service and who receives payment from a source in or outside Türkiye. Art. 45 of the Implementing Regulation divides this definition into two groups:

a) Business visitors paid from outside Türkiye. The Regulation lists one by one the purposes for which these people may come:

• To attend a meeting, seminar, conference or trade fair,
• To carry out technical, scientific or statistical research, or market research and analysis,
• To take part in in-service training on business techniques,
• To take orders or negotiate contracts as a sales representative,
• To provide services related to freight and passenger transport,
• To install, maintain and repair equipment and machinery under a sales contract,
• To work as a tour operator or interpreter-translator for tours that started abroad.

b) Providers of services under a contract. Foreigners who are employees of a legal entity established abroad, or self-employed professionals, and who provide a service directly to a natural or legal person in Türkiye under a contract are also covered.

✅ Exemption: Short-Term Work

Art. 13/7 of Law No. 6735 places within the work permit exemption a cross-border service provider whose activities in Türkiye do not exceed ninety days within one hundred and eighty days. Art. 48/1-c of the Regulation sets this exemption at up to three months. The exemption does not arise automatically; it is obtained by applying to the Ministry through the system within Türkiye, or to a Turkish diplomatic mission abroad (Art. 49/2). The general rules of the exemption are covered in the article on work permit exemptionTR.

• No fee is charged for exemptions shorter than three months (Art. 58/8); exemptions issued for up to three months are also free of the notification obligation (Art. 61/3).
• This exemption cannot be obtained again for the same scope until six months have passed from the date of issue (Art. 53/1).
• The exemption document allows multiple entries and exits within its term (Art. 53/2); however, the term cannot be extended (Art. 51/3).
• For foreigners who come to assemble, maintain or give user training on imported machinery and equipment, a separate exemption of up to three months in total, usable in parts, is provided under Art. 48/1-b (Art. 53/3).

📄 Work Permit for Long-Term Assignments

A work permit is mandatory for assignments that exceed the exemption periods (Art. 53/4). Art. 45/2 of the Regulation provides that these people may be issued a work permit of up to three years, provided it does not exceed the contract term. For a cross-border service provider who is self-employed or tied to an employer established abroad, this permit may also be issued as an independent work permit (Art. 29/1-b). Art. 16/1-ı of Law No. 6735 gives this group an exceptional application route.

⚠️ Limits and Common Mistakes

• Source of payment: In the business visitor group, payment from outside Türkiye is a requirement. Taking a salary from a client in Türkiye takes the person out of this category and into the general work permit regime.
• Temporary nature of the work: Filling a permanent position in a company in Türkiye under the appearance of a cross-border service may be treated as unauthorised work.
• Confusion with a visa: Entries for business talks, fairs and meetings fall under a tourist visa (Regulation on Foreigners, Art. 11/1-a); but this visa alone does not give a right to work. For activities such as installation, maintenance or direct service to a client, an exemption or a permit is needed. The consequences of unauthorised work are covered in the article on the Ç-117 and Ç-119 (C-117 and C-119) restriction codes.
• Intra-company assignment: Employees assigned by a company abroad to its company in Türkiye as managers or specialists are not cross-border service providers but fall under intra-company transfer and can receive a permit of up to two years (Art. 46). For company partners, the rules on the work permit of foreign company partners apply.

Related articles: Work Permit for Foreigners in Tourism and Entertainment, Foreign Engineer and Architect Work Permit, Exceptional Work Permit.

❓ Frequently Asked Questions