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Residence Permit and Work PermitUnderstanding the Turkish Work Permit Rejection: A Comprehensive Guide

Navigating through the complex legal landscape of a foreign country can be a daunting task, especially for expatriates seeking employment. One such country is Turkey, known for its stringent labor laws and regulations. This comprehensive guide aims to aid you in understanding the process of Turkey work permit rejection, the reasons for such rejections, and the subsequent steps to be taken.

Understanding the Work Permit Application Process in Turkey

Before delving into the reasons behind work permit rejections, it’s crucial to grasp the intricacies of the work permit application process in Turkey. The Ministry of Labor and Social Security is in charge of evaluating work permit applications for foreigners. The evaluation is carried out as per principles and procedures stated in the International Labor Law No. 6735.

Applications are thoroughly reviewed by the General Directorate of International Labor Force. The review process results in either acceptance or rejection. The result of the application is communicated to the employer via email.

Common Reasons for Turkish Work Permit Rejection

Work permit applications can be rejected due to various reasons. Some of the most common ones are highlighted below:

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

If any of the above conditions are met, the Ministry reserves the right to reject the application.

Occupations Prohibited for Foreigners in Turkey

Certain professions in Turkey are strictly reserved for Turkish citizens. Foreign nationals are prohibited from practicing these professions. They 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 the completion of the review process, the Ministry of Labor and Social Security informs the applicant of the decision. In case of a negative decision, the foreigner or his employer is notified of the rejection of the work permit or extension application.

The applicant has the right to object against the decision within 30 days from the notification of the refusal. If the objection is also rejected, administrative remedies can be sought. It is advisable to approach professional legal services, such as İstanbul Law Office, who have a team of experienced Work Permit Lawyers specializing in Turkish immigration laws.

Turkish Work Permit Rejection for Foreign Employers

Foreign employers must also understand the work permit application process and the scenarios that can lead to rejection. If a foreigner is a manager or 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 upon obtaining a work permit. However, certain criteria such as the company having a paid-up capital of at least 100,000 TL or gross sales of at least 800,000 TL need to be met.

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 having a temporary protection ID and a foreigner ID number. The work permit application must be made within six months of temporary protection.

Frequently Asked Questions (FAQs)

What happens if my Turkish work permit application is rejected?

If your application is rejected, the Ministry of Labor and Social Security will notify you. You can file an objection within 30 days from the notification of the refusal decision.

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.

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 crucial to address the issues that led to the rejection in your initial application.

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

Dealing with Turkish work permit rejection can be complex and often requires professional legal assistance. At İstanbul Law Office, we have a team of experienced attorneys who can assist you in this process. Our services extend to a broad array of legal fields, ensuring comprehensive assistance. Contact us today to learn more about our services.