Cross Border Service Provider (CBSP) work authorisation in Turkey

Maria Çelebi

Berner Law Office, Istanbul

Maria.celebi@bener.com

Turkey has implemented a category of short-term work authorisation intended for the so-called Cross Border Service Provider (CBSP). This is one of the statutory work permit exemptions and offers an opportunity for foreign nationals to perform productive work in Turkey – temporarily under certain conditions – without the need for a work permit. CBSP status allows performance of non-technical business-related consultation work for a Turkish host entity (including conducting scientific and statistical research, market research and analysis, participating in in-service training on business techniques etc), as well as providing services for freight and passenger transportation or providing translation and interpretation services. CBSP can be used whether the foreigner is sent by their employer or acts as an independent professional consultant. It allows them to provide services for up to 90 cumulative days within 180 days without needing a separate work/residence permit. A CBSP exemption can only be issued once per six-month period from the issuance date. Additionally, the salary and social security premiums of the applicants must continue to be paid abroad by the sending employer or by independent contractor status in their home country.

Procedure

The CBSP exemption application can be filed either (1) domestically while the applicant is already in Turkey as a visitor under e-visa/visa exemption or consular visa status; or (2) from abroad through the relevant Turkish consulate in the applicant’s country of residence. Given that this is a relatively new exemption category, many consular posts may not be familiar with the process. Therefore, as most consular posts currently are not yet processing CBSP visas, a domestic application would instead be required.

Domestic change of status to CBSP in Turkey via the Ministry of Labor

CBSP status is obtained by filing a domestic application online with the Ministry of Labor (MOL). The MOL may grant work permit exemption status through CBSP or other exemption categories when a person is physically present in Turkey in lawful status. Upon entry, during the validity of their visitor status, a person may request a CBSP status by logging into the MOL system, filing an application and uploading supporting documents. Adjudication time is two to three weeks. This certificate has a maximum validity of 90 days, and acts as a status and travel document for the foreigner. Therefore, regardless of whether the applicant entered Turkey visa-free, with an e-visa or consular visa, and regardless of the duration of stay, the approval will act as a change of status to the CBSP, with multiple entries for a consecutive period of no more than 90 days within a 180-day period.

Note, that if obtaining CBSP status domestically in Turkey, the applicant is not authorised to work until the exemption certificate is issued. Therefore, once this category has more recognition with the Turkish consular posts, many employers will likely prefer the applicant to pursue issuance of a consular CBSP visa – instead of this domestic procedure – so that they may start relevant activities as soon as they enter Turkey.

As a CBSP exemption application is ideally filed within one to two business days following entry to Turkey, it is essential to have all the following necessary documents ready at time of entry to limit the amount of downtime:

• copy of passport biographical page;
• biometric size photo with a white background;
• copy of the assignment letter issued by the applicant’s employer abroad indicating biographical information, assignment details, monthly salary, assignment duration and social security premium details (or contract to procure independent consultant services with host);
• employment agreement signed between applicant and home employer abroad (or contract to procure independent consultant services with host);
• copy of high school diploma: confirm start and graduation date;
• copy of university diploma: confirm start and graduation date;
• copy of invitation letter issued by the Turkish hosting company specifying biographical information, assignment details, monthly salary amount, assignment duration and social security premium details; and
• documents evidencing the scope of work to be performed (ie, service training schedules, other project-related information).

Additional documents may be required depending on the discretion of the Ministry of Labor. Again, adjudication time is two to three weeks and results in an online QR-coded approval certificate. This certificate has a maximum validity of 90 days, and acts as a status and travel document.

CBSP visa application followed by a MOL exemption

For consular posts that recognise a CBSP visa category and have implemented the MOL online exemption system, the process will start with a CBSP visa application at the consular post where the person lawfully resides or where they are a citizen. Upon filing the visa application at the consular appointment, the post will provide the applicant with a reference number within a few days. This reference number is then used to log into the MOL exemption system to apply for a work permit exemption under CBSP category. That application will also require certain documents to be uploaded. If approved, a CBSP exemption certificate will be issued and the applicant will return to the consulate for the issuance of the visa. The validity dates of the CBSP exemption certificate and CBSP visa should align.

Typical documents required for CBSP visa application include:

• original and copy of passport;
• letter from employer or contract to procure independent consultant services with host: specifying dates employee will be in Turkey, and work to be conducted etc;
• invitation letter (from the hosting Turkish company where the employee will conduct consulting work);
• visa application form;
• biometric size pictures with white background (quantity varies with post);
• round-trip travel ticket;
• accommodation reservations in Turkey;
• visa application fees (to be confirmed with the relevant consular post); and
• travel medical insurance.

The following vary with the posts:

• applicant’s up-to-date police clearance certificate issued by local authorities;
• applicant’s personal bank account records for several months;
• applicant’s tax records for the last several years; and
• employer’s corporate documentation.

Note that posts may require additional documents or change their requirements without notice. It is highly advisable to communicate with the relevant post for each application.

Additional considerations

CBSP visa applications should be adjudicated within two–30 business days of filing, perhaps longer if a visa agency is involved or an MOL exemption is requested. However, at the discretion of the consular post, the application, on rare occasions, may be forwarded to the Ministry of Interior for review, for a background check if the applicant has a previous history in Turkey. In such a case, the visa would take longer to be adjudicated.

Note, that passport officers have been known to occasionally count entry as a visitor within the past 180 days as part of the 90 days on CBSP status. Therefore, if the CBSP visa and/or work permit exemption certificate holder had recently spent time in Turkey in visitor status, that time may be deducted from the 90 cumulative days. This interpretation is not supported by the law, but it is a position several passport officers have taken when calculating overstay.

With regard to lengthier stays, any foreign national intending to remain in Turkey for more than 90 days must apply for a residence permit. The CBSP exemption document is considered both work/residence authorisation under the terms of their application. However, a note of caution: if the foreign national departs Turkey after spending more than 90 days in the country – but during the validity period of the exemption – it is not yet clear how the Interior Ministry/passport officers will interpret their status and may consider them as an overstay for any days beyond 90 days in Turkey.

The CBSP exemption process is relatively new for the Turkish authorities, with areas not yet covered by the regulations. As mentioned, consular posts are generally not accepting CBSP visa applications, so most applicants will apply domestically upon entry as a visitor.