Türkiye Introduces New Cost Recovery Rules for Unauthorised Foreign Employment

Pursuant to a new regulation published on 23 July 2025, the costs incurred in the process of deporting foreign nationals who are found to be working without permission in Türkiye and are subject to deportation (accommodation, necessary expenses for return to their countries and, where necessary, health expenses) shall be covered primarily from the budget of the Ministry of Interior, Directorate General for Migration Management (“Directorate General”). However, the primary responsible party for these expenses is the employer or employer's representative who hired the unauthorized foreign national. All relevant expenses incurred under this scope from the Directorate's budget are reimbursed by the employer or employer's representative and collected from them.

Further, expenses that cannot be recovered from the foreign national and are covered from the Directorate's budget are also recovered from the employer or representative.

In the event that an employer does not fulfil their financial obligations, the outstanding amount is then collected through legal channels as a public debt in accordance with the Law on the Collection Procedure of Public Receivables numbered 6183 (Amme Alacaklarının Tahsil Usulü Hakkında Kanun, “the Law”). The regulation applies where deportation decisions are issued and will take effect six months from publication. Employers are notified in writing and given one month to pay starting from the date of notification.

Importantly, as recovery is governed by the Law, personal liability may extend beyond the employing entity itself. In the case of limited liability companies (limited şirket), shareholders are directly liable for public debts that cannot be fully recovered from the company, in proportion to their capital shares. This liability arises once collection from the company has proven impossible or is deemed unlikely. In addition, company managers acting as legal representatives may be held personally liable under the same regime. For joint-stock companies (anonim şirket), shareholders are not personally liable for public debts. However, legal representative (i.e. board members) may be held personally liable for amounts that cannot be recovered from the company’s assets.

This new framework clarifies employer liabilities and is intended to deter unauthorised employment. Employers should review their foreign workforce practices to ensure full compliance with Turkish labour and immigration laws.

For further information on the new regulation and its implications for your business, please contact your CMS partner or local CMS experts in employment and immigration law: Dr. Döne Yalçın and Erdinç Dalar.