Turkish Work Permit Rejection: How to Object and Proceed

Navigating the legal landscape of employment after the applicant got Turkish Work Permit Rejection is difficult and a race against time. One such country where foreign nationals might face such a situation is Turkey. This guide aims to provide you with a thorough understanding of the Turkish work permit rejection process, how to handle it, and the subsequent steps to be taken.

Understanding Work Permit Application in Turkey

Before delving into the rejection process, it’s crucial to understand the application process itself. The Ministry of Labor and Social Security handles the evaluation of work permit applications for foreigners as per the principles and procedures in Turkish Code called the International Labor Law No. 6735.

The applications are reviewed by the General Directorate of International Labor Force, resulting in either acceptance or rejection. The employer receives the results of the application via email.

At Han & Partners Law Firm, we provide extensive and Step-by-Step legal service in Work Permit Application Process in Turkey for our clients.

Reasons for Turkish Work Permit Rejection

The rejection of a work permit application can happen due to a variety of reasons. Some of the common reasons include:

1. Applications that don’t align with the International Labor Policy
2. Applications made with forged documents and information
3. Insufficient reasons provided by the employer for hiring foreigners
4. Applications made for occupations that are prohibited for foreigners
5. Foreigners lacking the required qualifications and expertise for the job

In case any of these conditions are met, the Ministry holds the right to reject the application.

Professions Prohibited to Foreigners

Certain professions in Turkey are strictly reserved for Turkish citizens. These include:

1. Advocacy
2. Notary public
3. Dentistry
4. Veterinary Medicine
5. Responsible Manager in Private Hospitals
6. Security Guard
7. Customs Brokerage
8. Tourist Guidance

What to Do In Case of Turkish Work Permit Rejection?

Upon reviewing the application, the Ministry of Labor and Social Security notified the applicant about the decision. If the decision is negative, the foreigner or his employer is notified of the rejection of the work permit or extension application.

An objection against the decision can be made within 30 days from the notification of the refusal decision to the relevant person. If the objection is also rejected, administrative remedies can be sought.

You can contact our team of Work Permit Lawyers who are experienced and specialized in Turkish immigration laws and can assist you with the entire work permit rejection process.

Turkish Work Permit Rejection for Foreign Employers

Foreign employers also need to understand the process of work permit application and the possibilities of rejection. If the foreigner is a manager/partner in a limited company, a board member of a joint-stock company, or a managing partner of a limited partnership divided into shares, they can work in Turkey after obtaining a work permit.

However, certain criteria need to be met, such as:

• The company must have a paid-up capital of at least 100,000 TL or gross sales of at least 800,000 TL.
• The foreign partner applying for the permit must have a minimum of 20% share in the capital, not less than 40,000 TL.

Temporary Protection for Foreigners

Foreigners under temporary protection cannot work in Turkey without a work permit. The conditions for applying for a work permit under temporary protection include:

• The foreigner must have a temporary protection ID and a foreigner ID number.
• The work permit application must be made within six months of temporary protection.
• The foreigner must apply for a work permit in the province where they are granted the right to stay under temporary protection.

Frequently Asked Questions (FAQs)

1. What happens if my Turkish work permit application is rejected?If your application is rejected, you will be notified by the Ministry of Labor and Social Security. You can file an objection within 30 days from the notification of the refusal decision.
2. Can I work in Turkey without a work permit?No, working in Turkey without a work permit is prohibited. The work permit must be obtained before starting work.
3. What are the common reasons for Turkish work permit rejection?The main reasons include applications that don’t align with the International Labor Policy, applications made with forged documents and information, insufficient reasons provided by the employer for hiring foreigners, and applications made for occupations that are prohibited for foreigners.
4. Can I reapply if my Turkish work permit application is rejected?Yes, you can reapply for a work permit after your initial application is rejected. However, it’s important to address the issues that led to the rejection in your initial application.
5. Can I get Turkish citizenship through investment?Yes, foreign nationals can acquire Turkish citizenship through various investment routes, such as buying real estate, making a capital investment, creating jobs, depositing money in Turkish banks, buying government bonds, and investing in real estate investment funds.

Conclusion

Navigating the Turkish work permit rejection process can be complicated, and professional legal help is often necessary. At Han & Partners Law Firm, we have an experienced team of attorneys who can assist you in this process. Our services extend to a wide array of legal fields, ensuring that we can provide comprehensive assistance. Contact us today to learn more about our services.