Why is a Work Permit Application Denied?
In order to work in Turkey, foreign nationals must obtain a work permit from the Ministry of Labor and Social Security. However, in some cases, work permit applications may be rejected. The main reasons that may cause a work permit application to be rejected are as follows:
- Incomplete or incorrect submission of documents: Incomplete or incorrect documents requested in the application.
- The applicant does not have the appropriate qualifications: Failure to meet the professional qualifications required for a work permit.
- The employer does not meet the requirements: The employer does not have sufficient capital, does not meet the legal number of employees, or there are no available vacancies in the relevant sector.
- The applicant does not have a residence permit: Foreigners who do not have a legal residence permit in Turkey cannot obtain a work permit.
- The applicant is found to be objectionable in terms of public order: Possibility of rejection due to criminal record or security investigation.
- Failure to apply in designated sectors: Some sectors in Turkey are restricted for foreign nationals (for example, professions such as pharmacy and notary public are only open to Turkish citizens).
What to do when a work permit application is rejected?
When a work permit application is rejected, the applicant or employer has the chance to pursue the process using their legal rights. Here are the steps to follow after a rejected application:
Learning the Reason for Refusal: When a work permit is refused, the Ministry of Labor and Social Security issues a notice of refusal with a reasoned decision. First of all, this decision should be carefully examined.
Application for Administrative Appeal: If the application is rejected, it can be appealed to the Ministry of Labor and Social Security within 30 days.
Completion of Missing or Incomplete Documents: If the application has been rejected due to missing or incorrect documents, a new application can be submitted after the deficiencies have been corrected.
Application to the Administrative Court: If the appeal is rejected, the applicant or the employer may initiate a legal action by applying to an administrative court.
Getting Lawyer Support: It will be useful to get support from a lawyer in order to carry out the legal processes in a professional manner.
Appeal Process for Work Permit Denial Decision
When a work permit is refused, the applicant and the employer have the right to initiate an appeal process using their legal rights. This process proceeds as follows:
- Administrative Appeal: An appeal can be filed with the Ministry of Labor and Social Security within 30 days of the notification of the rejection decision. In the appeal petition, detailed explanations against the reason for rejection and missing documents must be submitted.
- Re-Application If the reason for the rejection is missing documents, a new application can be submitted after the missing documents are completed.
- Filing a Lawsuit with the Administrative Court: If the appeal is rejected, the applicant or employer may initiate a legal challenge against the rejection decision by applying to the administrative court within 60 days.
Understanding the reasons for the rejection decision and completing the missing documents before filing a lawsuit with the administrative court will increase the chances of a favorable outcome in court.
Can I Stay in Turkey after a Work Permit Refusal?
There are certain rules for people whose work permit application is rejected:
- If there is a valid residence permit, the person can continue to stay in Turkey.
- If there is no residence permit, the person must leave Turkey within the specified period.
- Legal status is maintained while the appeal process is ongoing.
- If the person is applying for a new work permit through another employer, they should manage the process carefully.
If legal status is not maintained after a work permit is refused, the person may risk deportation.
Is it possible to reapply for a work permit after rejection?
Yes, it is possible to reapply for a work permit after a work permit application has been rejected. However, in order for the new application to be successful, the reasons for the rejection of the previous application must be taken into account and the deficiencies must be addressed. For example:
- The application can be renewed by completing the missing documents.
- The employer can reapply by meeting the employee quota and financial requirements.
- If the applicant does not have a residence permit, a new application can be made by first obtaining a residence permit.
Denial of Work Permit and Deportation Order
In some cases, people whose work permit application has been rejected may be subject to a deportation order. This usually happens in the following cases:
- The applicant does not leave Turkey before the expiration of the legal period.
- The person has a previous visa or residence violation in Turkey.
- Pose a threat to public order or engage in illegal activities.
The right of appeal against the deportation decision can be exercised by applying to an administrative court.
When a work permit application is rejected, the applicant and the employer should manage the process carefully. It is possible to protect their legal rights by completing the missing documents, filing an administrative appeal and, if necessary, applying to court.
In order not to be rejected, it is very important to carry out the process correctly from the very beginning, submit complete documents and fulfill the legal requirements. If your work permit application has been rejected, it is recommended that you seek the support of a lawyer for the process to proceed more smoothly.
