In an increasingly globalized world, the employment of foreign nationals offers employers various advantages, including access to international experience, diverse areas of expertise, and a qualified workforce. However, pursuant to the International Labor Force Law No. 6735, foreign nationals may only be employed in Türkiye if they hold a valid work permit.
Despite this clear legal requirement, foreign nationals are, in practice, sometimes employed without the necessary authorization. Many employers assume that such violations result solely in administrative monetary fines. However, the employer’s liability is not limited to administrative sanctions.
Pursuant to the Regulation on the Collection of Certain Expenses from Employers of Foreign Nationals Against Whom Deportation Decisions Are Issued Due to Unauthorized Employment, dated 23 July 2025, employers are also required to cover the costs incurred during the deportation process of foreign nationals employed without a valid work permit, in addition to administrative fines.
Scope of Deportation-Related Expenses
Under the relevant Regulation, inspections, audits, and investigations conducted pursuant to the International Labor Force Law No. 6735 may result in a determination that a foreign national has been employed without authorization, leading to the issuance of a deportation decision. Following such a decision, all expenses arising throughout the deportation process may be recovered from the employer or the employer’s authorized representative.
The Regulation defines deportation-related expenses broadly. Accordingly, accommodation costs incurred during the foreign national’s stay at a removal center, transportation and travel expenses related to repatriation, healthcare expenses where necessary, as well as other administrative expenses arising during the execution of deportation procedures, fall within the scope of deportation-related costs.
The purpose of this regulation is to ensure that public expenditures resulting from the unauthorized employment of foreign nationals do not remain a burden on the public budget and that such expenses are imposed on the employer or the employer’s authorized representative responsible for the unlawful employment. From this perspective, the Regulation clearly demonstrates that the employment of foreign nationals without a work permit constitutes a serious and foreseeable financial risk for employers.
Deportation Costs Relating to Family Members
It should be particularly noted that deportation-related expenses are not limited solely to the foreign national employed without authorization. Pursuant to the Regulation, the family members of a foreign national against whom a deportation decision has been issued are also included within the scope of the deportation process.
Accordingly, accommodation expenses incurred during their stay at removal centers, transportation costs related to their return to their country of origin, and healthcare expenses where necessary are likewise considered deportation-related expenses and may also be recovered from the employer or the employer’s authorized representative. Therefore, the unauthorized employment of foreign nationals gives rise to a broader financial liability that extends beyond the employee to include their family members.
Time Limits and Scope of Recovery of Expenses
Under the Regulation, with respect to expenses, costs, and expenditures covered by the Presidency’s budget for the unauthorized foreign national and, where applicable, their spouse and children, which cannot be collected from the foreign national, the Provincial Directorate of Migration Management serves a written notice on the employer or the employer’s authorized representative.
Such notice specifies that the relevant amounts must be paid to the designated accounting unit within one month from the date of notification. Accordingly, employers must comply not only with the scope of the financial liability but also with the applicable payment period, as failure to make payment within the prescribed time may result in the application of general collection procedures.
On the other hand, the Regulation also introduces a temporal limitation on the employer’s financial liability. Accordingly, expenses incurred by the Directorate of Migration Management during the maximum three-month period of administrative detention are recoverable from the employer or the employer’s authorized representative. Expenses arising beyond this three-month period do not fall within the employer’s scope of liability.
Conclusion
The legal consequences of employing foreign nationals without a work permit extend far beyond administrative monetary fines. The recovery of deportation-related expenses, which may often reach significant amounts, creates substantial financial risks for employers. For this reason, employers must closely monitor the duration, scope, and validity of work permits when employing foreign personnel and ensure full compliance with the applicable legislation.
Attorney At Law Helin Kızılkaya