Introduction
Regulations regarding residence and work permits for foreigners in Turkey are constantly changing in line with migration movements and economic needs. Particularly, the increase in the number of foreigners remaining in the country even after their visa or residence permit has expired creates control and supervision problems for public authorities and also increases unregistered employment in the labor market. This situation has led to a long-standing search for a solution and has resulted in the implementation of a special regulation for foreigners working in domestic services in 2025. This practice, publicly referred to as an “amnesty,” is not actually a general amnesty; it appears as an exceptional mechanism aimed at providing ease of transition to legal status only for foreigners who meet specific conditions. The practice aims to bring both employers and employees into the formal system and create a more sustainable legal framework for foreigners working in child, elder, and patient care services.
1. Rationale and Objectives of the Regulation
The search for a solution for foreigners in Turkey whose residence or work permits have expired and who continue to stay without legal status after the expiration date (visa or residence violation) has been on the agenda for a long time.
Although this regulation is called an “amnesty,” in practice, it is referred to not as a general amnesty, but as an exceptional regulation that provides limited facilities only to foreigners who meet certain conditions.
Main objective: to bring employees and employers into the formal sector; to facilitate the acquisition of legal status for those working in household services; to alleviate penal/enforcement problems caused by undeclared employment.
2. Scope of the Regulation: Who can benefit?
| Condition | Description |
| Working / Will work in domestic services | It is stated that it is limited to domestic tasks such as childcare, elder care, and patient care. |
| Legal entry into Turkey | To benefit from the regulation, it is stipulated that the initial entry must have been made legally through a border gate, with a passport, etc. |
| Passport validity | It is commonly stated that the passport must be valid for at least 8 months at the time of application. |
| No criminal record / no deportation center record/no restriction code | There should be no criminal record and no restriction code. |
| Previous rejection of residence/work permit application | Applications from those who applied for a residence/work permit in 2025 and were rejected cannot benefit from the amnesty. However, foreigners whose applications were rejected in 2024 or earlier and subsequently remained illegally can benefit from the amnesty. |
| No desire to work in areas other than domestic services | The condition is to work only in jobs within the scope of domestic services; it has been stated that this regulation will not apply to undocumented immigrants working in other sectors. |
3. Employer’s Alleged Criteria
| Criteria | Description / Source | Notes / Discussions |
| Notarized Undertaking | It is stated that the employer must provide an undertaking regarding the foreign national they will employ, in the presence of a notary public. | With this undertaking, the employer appears to accept their obligations during the application process. |
| Monthly Income Requirement | The employer’s monthly income must be at least four times the minimum wage. | It is unclear whether this amount is fixed and which income categories are taken into account. |
| SGK Obligation / Premium Payment Guarantee | It is stated that for foreign nationals to be employed in domestic services, the employer must fully and regularly pay social security premiums. | This criterion aims to demonstrate the employer’s financial solvency. |
| Health / Care Need Document for the Person to Be Cared For | A document, such as a health report, proving that the person to be employed for domestic services (elderly, sick, child) requires care, is requested. | This document serves the purpose of demonstrating the legitimacy of the service. |
| Residence Address and Employer / Care Area Compatibility | Conditions such as the residence address of the employer and the foreign national to be employed must be in the same province/district as the person to be cared for are put forward. | |
| Employer’s Financial Capability | Some sources state the requirement that the employer must have the financial capacity to make payments at the minimum wage level. | |
| Passport / Identity Verification Obligations | The employer is expected to provide the passport, identity, and residence information of the foreign employee. | This obligation serves a procedural verification function. |
Conclusion:
In conclusion, the regulation introduced in 2025 both addresses the evolving needs of immigration law and offers a significant opportunity for foreigners who meet specific conditions. This regulation should be considered a strategic step in terms of foreign nationals working in domestic services gaining legal status, reducing unregistered employment, and clarifying employers’ legal obligations. However, the scope of the implementation is quite limited and targets only individuals with certain qualifications; therefore, it is crucial to carefully examine the conditions during the application process and to complete all procedures thoroughly. In particular, if criteria such as passport validity, legal entry, criminal record status, and field of work are not met, applications may be rejected or the risk of deportation may arise. Therefore, carrying out the process with the support of an expert lawyer will prevent loss of rights and ensure the most efficient use of the advantages provided by the regulation. A post suggestion.
Why is Expert Legal Support Necessary?
Although the regulation for foreign nationals working in domestic services, enacted in 2025, may appear to be a simple “amnesty” application, it is in fact a multi-layered legal process. The application process is directly linked to the Law on Foreigners and International Protection No. 6458, the International Labor Law No. 6735, relevant regulations, and the internal directives of the Directorate General of Migration Management. Therefore, even a minor omission or an incorrect document can lead to serious consequences such as the rejection of the application, an administrative fine, or referral to a removal center.
Furthermore, since the scope of the regulation is narrow and its conditions are quite technical, each foreigner’s situation must be assessed individually. For example, situations such as insufficient passport validity, the initial entry not being made through legal means, having a criminal record, or insufficient employer income can directly lead to negative outcomes. In addition to these, technical details such as the legally compliant preparation of the undertaking to be submitted by the employer, the complete submission of income and SSI documents, and the substantiation of care needs with documents require professional support.
For all these reasons, working with an attorney specializing in foreigners’ law from the outset of the process minimizes the risk of the application being rejected and ensures the broadest possible exercise of legal rights. Legal support provides a strategic advantage throughout the entire process, from the correct preparation of application documents to the timely initiation of appeal and litigation procedures, enabling foreigners to transition smoothly to legal status.
