Practice of Turquois Card
The aim of this study is informing the reader about Turquois Card which put into practice with International Labor Force Law. In the scope of this study, the foreigners who would like to take Turquois Card, should have certain qualifications which is examined in the study. The new regulation and the previous regulation about qualified foreigners is examined comparatively. Procedure of application and the application conditions of Turquois Card is examined. The similar practices in two different countries and Turquois Card practice are compared in this study.
Turkuaz Kart Uygulaması
Bu çalışmanın amacı 6735 sayılı Uluslararası İşgücü Kanunu ile hayatımıza giren Turkuaz Kart uygulaması hakkında okuyucuya bilgi vermektir. Bu çalışma kapsamında, Turkuaz Kart sahibi olabilecek yabancılarda olması gereken nitelikler ve nitelikli yabancılar ile ilgili eski ve yeni düzenlemeler karşılaştırmalı olarak incelenmiştir. Ayrıca, Turkuaz Kart almak isteyen yabancılar için öngörülen başvuru koşulları ve başvuru prosedürü ele alınmıştır. Son olarak, Türkiye’deki Turkuaz Kart uygulaması ile Avrupa Birliği ve Amerika Birleşik Devletleri’nde olan benzer uygulamalar karşılaştırılmıştır.
Right of work is a fundamental right, which is defined in the constitution. However, foreigners’ right to work is limited with in the law. Especially International Labourforce Law, and also the other laws restrict the foreigners right of work. According to general regulation, a foreigner is obliged to get work permit if he/she would like to work. Still, there are some regulations, which are exceptions for work permit. Policies that are supported work of foreigners, induce different regulations for foreigners work. To illustrate, qualified labourforce employment is supported policy in Turkey therefore, the Turquois Card put into practice with a new regulation. The foreigners who can get Turquois Card defined as “In accordance with international labour policy, Turquoise Card is given to the foreigners whose application is approved according to their education, experience, contribution in science and technology, the impact of their activity or investment in Turkey on the economy and employment in the country as well as the recommendations of the International Labour Policy Advisory Board and procedures and principles determined by the Ministry” in article 11/1 of International LabourForce Law (UİK). In particularly, Turquois Card is given to qualified foreigners which is defined that “…who have internationally recognized studies in the academic area, and those distinguished in science, industry and technology, areas of which deemed strategic from the point of our country, or those whose export, employment or investment capacity make significant contribution to national economy or expected to make such contributions shall be assessed as qualified foreigners.” in article 11/5 of Interantional Labourforce Law. Employment of qualified foreigner labour is encouraged because of the belief of economic development influenced positively. To provide employment of qualified foreigner, some privileged rights are given to these foreigners. Except of right to elect and be elected, compulsory military service and right to restrict for only Turkish citizen; the owners of Turquois Card have equal rights with Turkish citizen. This means, qualified foreigners have lots of privileged rights compare to the other foreigners. The scope of qualified foreigners is determined in the International Labourforce Law and also Turquois Card Regulation. However the scope of Turquois Card Regulation is larger than scope of International Labourforce Law. Even if the statute Therefore we criticize that, the regulation exceed the limit because, the general rule says regulations are prepared accordance the statute. If there is not a given authority to executive organ, the regulations prepared by executive organ cannot exceed the limitation determined with statute. Before Turquois Card practice, there was also similar regulations to benefit from qualified foreigners. To increase foreign investment, the key personnel of companies in specific qualified could work without work permit. Moreover, in current situation, Turquois Card is not only way to support foreign workers. There are exceptions of work permit like exceptional work permit practice. This practice also enable to some foreigners get work permit easily than normal procedure. The application procedure of Turquois Card is determined in Turquois Card Regulation. Because it is an exceptional way, there are some limitations to get this card. One of the limitations of practice of Turquois Card is period of transition. The aim of period of transition is determination whether is the foreigner qualified or not. In this period, the applicant of Turquois Card is observed to confirm whether foreigner is suitable for qualified foreigner. Moreover, if the owner of Turquois Card continuously two years live abroad or does not work continuously one year, the Turquois Card is canceled. Not only the owner of Turquois Card, but also the family of owner benefit from rights provided by Turquois Card. The family members who can benefit from the rights are Turquoise Cards owner’s spouse and children who are dependent. The Turquois Card is not the first practice to encourage employment of qualified labourforce, there are also similar practices like Blue Card in EU and Green Card in USA. Blue Card is an EU practice to support qualified labourfoce work in EU countries. Council Directive of 2009/50/EC of 25 May 2009 regulates the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment. Which foreigners are counted as highly qualified is determined in the directive. There are similarities in scope of practices between Turquois Card and Blue Card. Green Card is an American practice provides easiness to get work permit. The scope of Green Card practice is wider than the other two practices. Qualified foreigners are privileged to get Green Card. In addition, there are different categories that people can get Green Card for example; mother or father of an American citizen can get this card. Moreover, there are lotteries distributes Green Card.