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BERK ÇEKTİR b.cektir@todayszaman.com Columnists

Two topics: work permits and child support


I haven't checked my mailbox for a while, so I must organize a fast-track question and answer article today.

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The first e-mail is regarding work permit regulations. The letter reads as follows: “Good day, I would appreciate it if you could give me some advice with regard to an offer I have received. I am a British passport holder and I am in Bodrum on a tourist visa, having arrived a week ago. I have been offered the opportunity to work ‘with' a UK-registered real estate company on a self-employed basis. I would be working on the Internet via their online Web site from my home talking to UK residents about life and investing and holiday homes in Turkey. I would not go to an office. My role would be to invite UK residents over to Bodrum, where I would tour them around the area so that they could get to know Turkey and whether they would like to invest in property in Turkey. I would be paid a commission on these tours from the UK company into my UK bank account. The advice that I seek with regard to this is, do I need a work permit for this? I would appreciate any help and advice that you can give on this. Thank you, Karen.”

    Dear Karen, if you were part of a TV crew shooting a documentary in Turkey, I would respond to your question saying, “No, you do not need a work permit.” The property you will be marketing belongs to a Turkish company. Your letter led me to believe that you will, at the end of the day, somehow be involved with a Turkish company. Moreover, you will perform your work in Turkey on a regular basis. You will be visiting Turkey to perform your work, in fact. This is very much like the position of a manager of a Turkish company whose salary is paid by a foreign company and is totally and absolutely an employee of a foreign company but is also managing a company in Turkey. I cannot say no, and this should mean that you would need a work permit. Before doing that you must get a residence permit which will allow you to stay in Turkey without visa limitations.

    The second e-mail is regarding child support. “Dear Mr. Çektir, I have written to you for advice previously and appreciated the help you gave. I am a foreign person who is going through a divorce case in İstanbul. The İstanbul Bar Association was very kind and gave me a lawyer for the court case and also a lawyer to handle the alimony. My husband lied to the court and told the judge he lost his job. The judge ruled he does not need to pay any alimony. I always knew it was a lie but did not have proof. Now I found out that my husband is working at a company. I tried to get a Turk to call the company to see if he's there, but no one will help. My lawyer no longer helps. I know I'm just a legal aid client but my husband is living a good rich life and is not paying me the money that I spent on trying to bring him to my country. This is outrageous that he can live this good life now at a job that I found for him in İstanbul. What can I do? No one will help me. I am too ill and have no job so I can't go to İstanbul to see what's going on and hire a real lawyer who cares about me.”

    Dear Julie, it is not only a simple telephone call but rather a longer process to prove that your husband is now working. It is not a matter of calling the company. You mentioned the name of the company in your e-mail, but I've deleted many details to make your identity less recognizable. You can petition the government authorities to find out if your husband is working at this company or not. Please speak with your lawyer so s/he can ask the court to write a notice to the workplace. It is not a complex court process, and any litigation lawyer can handle it with success. Good luck.


NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.

DISCLAIMER: The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner.

12 October 2009, Monday
BERK ÇEKTİR
   
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Columnists
ABDULHAMİT BİLİCİ
ABDULLAH BOZKURT
ALİ BULAÇ
ALİ H. ASLAN
AMANDA PAUL
ANDREW FINKEL
ASIM ERDİLEK
AYŞE KARABAT
BEJAN MATUR
BERİL DEDEOĞLU
BERK ÇEKTİR
BÜLENT KENEŞ
BÜLENT KORUCU
CHARLOTTE MCPHERSON
DOĞU ERGİL
EKREM DUMANLI
EMRE USLU
ETYEN MAHÇUPYAN
FATMA DİŞLİ ZIBAK
FİKRET ERTAN
GÜRKAN ZENGİN
HASAN KANBOLAT
HÜSEYİN GÜLERCE
İBRAHİM KALIN
İBRAHİM ÖZTÜRK
İHSAN DAĞI
İHSAN YILMAZ
KATHY HAMILTON
KERİM BALCI
KLAUS JURGENS
LALE KEMAL
MEHMET KAMIŞ
MICHAEL KUSER
MUHAMMED ÇETİN
MÜMTAZER TÜRKÖNE
NICOLE POPE
ÖMER TAŞPINAR
ORHAN KEMAL CENGİZ
PAT YALE
ŞAHİN ALPAY
SELÇUK GÜLTAŞLI
SUAT KINIKLIOĞLU
YAVUZ BAYDAR