A significant portion of foreigners living in Türkiye, for various reasons, continue to remain in the country even though their residence permit period has expired and thus fall into a legal status commonly referred to by the public as “illegal/undocumented.” One of the most frequently asked questions by foreigners in this situation is:
In this article, within the framework of current practices in 2026, we discuss in detail the rights, risks, and legal solution pathways for foreigners with a residence violation who wish to work in domestic services.
The expiration of a residence permit arises in situations such as:
In this case, the foreigner:
Although in practice this is expressed as “falling into illegal status,” its legal equivalent is an irregular foreigner / a foreigner with a residence violation.
Working in domestic services refers to the work carried out by foreign nationals inside a residence, without commercial purpose, and directly for the needs of the household. This type of work is subject to a special legal status in Türkiye that differs from the general work permit regime, and it is evaluated under different criteria by the Ministry of Labor and Social Security.
Jobs performed within the scope of domestic services fall under this category provided that the home is not a commercial enterprise and the work is carried out only within a private living space.
In Türkiye, it is often believed in practice that there is a regulation commonly called a “foreigners’ amnesty.” However, when assessed legally, there is no general and permanent foreigners’ amnesty regulation. Nevertheless, periodically:
certain practices that enable foreigners to re-arrange their legal status are referred to by the public as a “foreigners’ amnesty.”
These practices do not create an automatic right for every foreigner and are evaluated on a file-by-file basis. There is NO general and permanent “foreigners’ amnesty” regulation in Türkiye. Foreigners search on Google for “foreigners’ amnesty,” “illegal foreigner amnesty,” and “residence amnesty.” However, there is no amnesty; what exists are certain rights that the state grants periodically for specific situations.
The main jobs considered within the scope of domestic services in Türkiye are as follows:
Childcare is one of the most common areas for obtaining a domestic work permit and has one of the highest approval rates.
Elderly care is evaluated positively especially in applications involving individuals who live alone or have health problems.
For foreigners who will work in patient care, experience and references are an important evaluation criterion in practice.
Although house-cleaning jobs are evaluated within domestic services, full-time and continuous work nature is required. Casual daily work performed in different homes is generally excluded from the permit scope.
These tasks are accepted within domestic services if they are performed in a single household and on a continuous basis.
Domestic services are governed by different rules from general work permits because they are performed in a private living space, the employer is an individual rather than a company, and the working relationship is not commercial in nature.
Therefore:
In order to employ a foreigner in domestic services, generally the following are required:
Work performed without meeting these conditions is considered illegal employment and leads to serious sanctions.
|
Domestic Services |
General Work |
|
The homeowner is the employer |
The company is the employer |
|
No commercial activity |
There is commercial activity |
|
A special permit regime is applied |
General permit system |
|
More limited field |
Broader sectors |
No, they cannot work directly. A foreigner whose residence permit has expired or who is in illegal status:
However, this does not mean there is no solution.
In order to obtain a domestic work permit, the foreigner must have a legal right of stay in Türkiye. Within this scope, it may be necessary to: pay the administrative fine, apply the exit–entry procedure if required, or file a lawsuit against the deportation decision.
After the residence status is corrected, a domestic work permit application can be submitted to the Ministry of Labor and Social Security through the Turkish citizen employer (homeowner).
This permit:
For foreigners whose residence permits have expired or who have a residence violation, working in domestic services without any work permit is legally considered illegal employment. This creates severe administrative and legal consequences not only for the foreigner but also for the homeowner employing the foreigner. The most common mistake in practice is the belief: “I work inside the house, I am invisible, there will be no problem.” This approach is extremely wrong and in many files directly results in a deportation process.
Antalya is one of the cities with the highest foreign population in Türkiye. This density causes inspections related to foreigners working in domestic services to be more frequent and more systematic. In Antalya, employing foreigners in areas such as childcare, elderly and patient care, and in-home assistance services is common. However, foreigners whose residence permits have expired or who have a residence violation face a high deportation risk if they work in domestic services in Antalya.
In practice, the Antalya Provincial Directorate of Migration evaluates residence violation, illegal employment, and the absence of a work permit together and may interpret files more strictly. Therefore, in Antalya-based cases where a domestic work permit is planned:
Ankara, as the administrative center, is among the cities where domestic work permit applications are examined with strict adherence to legislation. In Ankara applications:
are investigated in detail.
For foreigners whose residence permits have expired, the most common mistake in Ankara is the approach: “Let’s first get a work permit, then we will solve the residence issue.” This approach is rejected in practice and the file often results in a negative record.
Specifically for Ankara, resolving the residence violation legally and building the work permit strategy in the correct order are the main factors determining the fate of the application.
Istanbul is Türkiye’s most crowded city both in terms of population and foreign workforce. This density also significantly increases the number of reports and inspections regarding illegal work in domestic services. In Istanbul, many illegal employment cases are detected through apartment management complaints, neighbor reports, and joint inspections by SGK and the Directorate of Migration. For foreigners whose residence permits have expired, working in domestic services in Istanbul carries the risk of: a rapid deportation decision, a long-term entry ban, and a negative record for all future applications.
Therefore, for foreigners planning a domestic work permit in Istanbul, file-based legal analysis, risk-focused strategy, and professional management of the process from start to finish are indispensable.
The main risks faced by foreigners who work while their residence permit has expired are:
A foreigner found to have worked illegally will be imposed an administrative fine in significant amounts pursuant to Law No. 6458 and the relevant legislation. This fine is often assessed collectively together with the residence violation fine.
If illegal employment is detected:
Especially in inspections carried out in domestic services, residence violation + absence of a work permit are evaluated together and the file is aggravated.
A foreigner who is deported may be subject to an entry ban to Türkiye for 1 to 5 years.
This ban directly makes it impossible to obtain a new work permit, family reunification, and long-term residence applications.
A finding of illegal employment appears as a negative record in all future visa and residence applications.
Removing these records may take many years and is often possible only through judicial remedies.
A homeowner who employs a foreigner without a permit will be imposed very high administrative fines for each foreigner.
These fines increase exponentially in repeated inspections and often do not fall within settlement/compromise scope.
If illegal employment is detected, retroactive SGK premium debts, late payment interests, and administrative sanctions are imposed on the employer. This directly affects the employer’s financial records.
Homes where illegal employment is detected once may be placed under close monitoring by the Directorate of Migration, the Ministry of Labor and Social Security, and SGK. This increases the risk of repeated inspections in the future.
In practice, many illegal employment cases are detected through:
Working in domestic services is not a hidden or inspection-free area.
Groups evaluated more positively in practice:
However, every application is evaluated on a file-by-file basis.
For foreigners with a residence violation, the work permit process is not a simple administrative application that can be evaluated alone. This process is a multi-layered and technical legal field that requires residence status, deportation risk, and work permit legislation to be handled together.
Even the smallest mistake in practice may lead to:
Before submitting a work permit application:
At this point, a lawyer specialized in immigration law and work permit matters manages the process not merely by tracking documents, but through strategic legal planning.
In files handled by experienced and top work permit lawyers:
Thus, the process is handled not only with the goal of “obtaining a permit,” but with a holistic legal approach that protects the foreigner’s future.
Foreigners with residence violations often act based on incomplete information from the internet, intermediaries, or consultants, and proceed with applications lacking legal infrastructure. This may lead to irreversible consequences.
Whereas steps taken at the right time, in the right way, and under the guidance of an expert work permit lawyer ensure the process is safe and results in a lasting manner.
Conclusion: This Process Cannot Be Left to Chance
The process of residence violation and domestic work permits requires legal knowledge, practical experience, and familiarity with the current approach of administrative authorities.
Therefore, it is not a preference but a necessity for the process to be managed by a lawyer specialized in immigration law, experienced in work permit files, and capable of strategic legal planning. The residence violation and domestic work permit process must be evaluated on a case-by-case basis. To prevent loss of rights, you should seek support from an expert work permit lawyer for a legal roadmap according to your specific situation.
1. Can foreigners whose residence permits have expired work in domestic services?
No. Foreigners whose residence permits have expired or who have a residence violation cannot legally work even in domestic services. First, their lawful stay status must be corrected.
2. Will there be a problem if a foreigner in illegal status works inside a home?
Yes. Working inside a home is not outside inspections. If illegal employment is detected, there is a risk of deportation and an entry ban.
3. Can a foreigner with a residence violation obtain a work permit?
They cannot obtain it directly. In order to apply for a work permit, the foreigner must have a legal right of stay in Türkiye.
4. For whom is a domestic work permit easier to obtain?
In practice, applications are evaluated more positively for foreigners working in childcare, elderly care, and patient care.
5. What is the penalty for illegal work for the foreigner?
An administrative fine, a deportation decision, and an entry ban to Türkiye for 1–5 years may be applied.
6. Is there a penalty for the homeowner who employs an illegal foreigner?
Yes. High administrative fines and SGK and tax sanctions are applied to the homeowner.
7. How long does a domestic work permit take to be issued?
Although it varies depending on the file, after the lawful stay condition is met, it is generally finalized within 30–45 days.
8. Can a foreigner whose residence permit has expired obtain a permit without leaving Türkiye?
Except for certain exceptional situations, an exit–entry procedure may be required in most files. It must be evaluated case by case.
9. Can a work permit be obtained while there is a deportation decision?
No. First, the deportation decision must be annulled or its execution must be suspended.
10. Can foreigners who work as casual daily domestic workers obtain a permit?
No. Daily work carried out in different homes and not continuous is generally outside the scope of a work permit.
11. Who is the employer in domestic work permit applications?
The employer is not a company, but the homeowner as a real person.
12. Is SGK mandatory for a domestic work permit?
Yes. After a work permit is granted, SGK registration for the foreigner is mandatory.
13. Is it easier to obtain a permit for female foreigners?
In practice, evaluations may be more positive especially for female foreigners working in childcare and elderly care.
14. What happens if a domestic work permit is rejected?
In case of rejection, the foreigner may fall into illegal status and face deportation risk. The reason for rejection must be examined carefully.
15. Can a domestic work permit be obtained if there is no patient in the home?
Generally no. In domestic service permits, the care need must be proven concretely.
16. Can a foreigner working in domestic services obtain a family residence permit?
It is possible if conditions are met; however, a work permit alone does not automatically grant such a right.
17. Will an illegal work record cause problems in the future?
Yes. These records negatively affect all future visa, residence, and work permit applications.
18. Can a domestic work permit be extended?
Yes. If the conditions continue, an extension application may be submitted before the permit expires.
19. Is a lawyer mandatory for a domestic work permit?
It is not mandatory; however, if there is a residence violation, deportation risk, or prior rejections, proceeding with an expert work permit lawyer is vital.
20. What is the most common mistake in this process?
The most common mistake is applying for a work permit without solving the residence issue. This leads to outcomes that are difficult to reverse in most files.
