New Turkish Regulation Holds Employers Liable for Deportation Costs

(TURKEY) Turkey has approved sweeping new rules that push the cost of illegal hiring onto employers, with a direct charge for deportation-related expenses when foreign nationals are found working without a permit. The regulation was published in the Official Gazette (No. 32964) on July 23, 2025 and will take effect six months later, on January 23, 2026. Issued jointly by the Ministry of Labor and Social Security and the Ministry of Interior, the measures expand employers’ liability and add strict compliance duties, while also preserving a short-term amnesty for certain undocumented workers in domestic services.

Under the new framework, employers that engage undocumented workers will be billed for the full cost of the deportation process. That includes accommodation at removal centers, return travel, and medical expenses for the foreign worker and any accompanying spouse or children. The Directorate General of Migration Management will cover the initial outlay and then issue a formal payment notice to the employer.

If the employer does not pay within 30 days, the unpaid amount will be sent to the tax authorities for forced collection under Law No. 6183 (Law on Collection of Public Receivables). Authorities say the goal is simple: shift the financial burden away from public budgets and deter illegal hiring practices.

Policy changes — who is covered and what changes

The regulation applies to:

• All foreign nationals working without a valid work permit
• Their spouses and children
• The employers or employer representatives who hire or allow such work

This is a major escalation compared with past practice. Before 2025, authorities issued fines and administrative penalties but did not charge employers for deportation costs. Now, employer liability stretches from the day officials identify unauthorized employment through the full removal process, and payment is enforceable like other public debts.

Several core obligations remain but will be policed more closely:

• Work permit required: Employing a foreign national without a permit remains strictly banned under Law No. 6735.
• Employer eligibility basics: To sponsor a foreign worker, companies must be legally registered, employ at least five Turkish citizens per foreign worker, and show the role cannot be filled by a Turkish national.
• Company financial thresholds: Employers should meet at least one of these:
  • Minimum paid-in capital of 500,000 TRY
  • Gross sales of 8 million TRY
  • Annual exports of $180,000 USD
• Minimum gross salaries for 2025:
  • Domestic work: 26,005 TRY
  • Skilled labor: 52,011 TRY
  • Managerial roles: 78,016 TRY
  • Engineers/Architects: 104,022 TRY
  • Senior executives/Pilots: 130,027 TRY
• Sector exceptions: Strategic areas (tourism, IT, healthcare, aviation, R&D) may face eased criteria aligned with labor needs.

How the cost-transfer and collection process works

1. Directorate General of Migration Management covers deportation-related expenses up front.
2. The Directorate issues a formal payment notice to the employer.
3. Employer has 30 days to pay the notice.
4. If unpaid after 30 days, the amount is transferred to tax authorities and collected under Law No. 6183.

Key takeaway: the state intends to standardize collections across provinces and make employer noncompliance financially enforceable like a tax debt.

Amnesty for domestic services — limited window

A targeted amnesty launched in March 2025 applies to undocumented foreigners working in domestic services (e.g., caregivers, housekeepers) who first entered Turkey legally with a passport or visa.

Eligibility and process:

• Must hold a valid passport (commonly at least 8–9 months validity)
• Must have a clean criminal record (no bans or deportation orders)
• Must present a notarized letter of undertaking from the employer
• Both employer and foreign worker must attend an in-person appointment after receiving an SMS with date/time
• Successful applicants receive a six‑month residence permit
• During that six months, the worker is expected to apply for a work permit via the national e-government system
• The notarial undertaking can be revoked by the issuer at any time by notifying migration authorities

Officials have stated the amnesty is temporary and is not expected to continue into 2026. Authorities have said the program should end in late 2025, ahead of the regulation’s January 23, 2026 enforcement date.

Compliance and impact on stakeholders

For employers, the near-term priority is to verify the status of every foreign national on payroll or working on site, including via subcontractors. The financial risk now includes the full set of deportation costs, collected like a tax debt if unpaid.

Practical steps employers should take now:

• Run a full internal audit of foreign worker files by department and location
• Verify the number of Turkish employees per foreign worker to meet the five-to-one rule
• Check that contracts and payroll reflect the relevant minimum gross salary by job category
• Update corporate records to reflect current paid-in capital, sales, or export data
• Prepare a response plan in case migration officers conduct a site visit

Legal and advisory recommendations:

• Conduct an early legal review of employment records to avoid application mistakes and rejections
• Consult qualified counsel to update compliance protocols, especially where job roles have shifted and permits haven’t been amended
• Employers’ associations advise members to audit workforce records well before January 2026

For foreign workers:

• Those in domestic services who entered legally may still have a short window to regularize status through the 2025 amnesty — but they must act quickly and bring complete documentation
• Undocumented workers in other sectors face higher risk of detention and removal once enforcement begins
• The expanded cost recovery does not change individual legal rights in removal cases but raises the stakes for employers, which could lead to more terminations when workers cannot prove legal status

Worker advocacy groups view the amnesty as short-term relief for domestic workers but note it leaves many long-term residents in other sectors (construction, retail) without options.

Enforcement expectations and operational implications

• Enforcement is expected to grow stricter after January 23, 2026, with closer coordination among labor inspectors, migration officers, and tax authorities.
• Companies operating across multiple sites or using staffing agencies should review tracking systems for permit validity and job titles.
• Any mismatch between the permitted role and the actual job can bring scrutiny.
• Employers relying on seasonal labor may need to adjust workforce planning to fit permit rules and sector exceptions.

Government guidance and monitoring:

• Officials encourage people to check rules and procedures with the Presidency of Migration Management at the Directorate General of Migration Management: https://www.goc.gov.tr/
• Employers should also monitor communications from the Ministry of Labor and Social Security for updates or sector-based relaxations

Broader implications and recommended actions

• The regulation’s intent is deterrence: by making employers pay for deportation, the government aims to reduce demand for unauthorized labor and limit public expenditure.
• Authorities may adjust procedures after implementation in January 2026 depending on performance and feedback.

Immediate recommended actions:

1. Audit current staff, correct records, and file permit applications early.
2. For households employing foreign caregivers/housekeepers who entered legally, assess amnesty eligibility and book appointments promptly.
3. Implement compliance systems to track permit validity, salary categories, and company eligibility thresholds.

Final note: Employers’ liability is no longer theoretical — it has a bill attached, a 30-day deadline to pay, and tax enforcement behind it. With January 23, 2026 approaching, the safest course is immediate compliance.