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    Turkey Work Permit Refusal

    Turkey Work Permit Refusal

    In order to examine the issue of Turkey work permit refusal, first of all, to earn income by working in Turkey, a person should apply for the most appropriate work permit category depending on his / her situation. As a result of this application, the person is entitled to work permit for different content and durations. In general, the most preferred category for foreigners who want to work is the Turkey temporary work permit category. In this category, the person who wants to get a work permit must apply through a company actively functioning in Turkey. What is meant by a temporary period is the duration of the contract signed between the employer and the employee candidate. Applications are made through the online system of the Ministry of Labor and the whole process takes place in digital environment. After the application is made online, the documents you need to submit for your application category are scanned and uploaded to the application system.

    After this application, if there is a missing document in terms of content, you will be notified and you will be expected to upload these documents to the system within the defined time. For this reason, the application processes should be followed step by step and the system should be updated continuously after the application and remain active. Otherwise, if the documents requested from you are not noticed or are not provided within the requested time, then your application will automatically result in a rejection response.

    Before the issue of work permit applications, refusal of work permit in Turkey, the qualifications required from the employer and employee candidate specific to the category you are applying for should be examined in the most accurate way. The application should be made that way. First of all, if the employer wants to add a foreign employee to its structure, then 100.000 TL paid capital and at least 5 Turkish employees are required. Applications made without these conditions automatically result in a work permit refusal. It is the employment priority of Turkish citizens that are considered here. If a foreigner will work in Turkey, employment will be provided for these 5 Turkish citizens first and then they will be entitled to employ a foreigner. These are the conditions that the employer is expected to meet in the most general sense.

    In the case of the employee candidate, although each category has different expectations in its own right, to explain in general terms, if the applicant is to work in a company, he / she must present appropriate diplomas and qualifications. Here, the first requirement is why a foreigner is employed if it is a job that a Turkish person can do. Because, due to the interests of the country, the laws protect their own citizens first and then allow the employment of foreign nationals. For people working under special status, such as engineers, doctors, and teachers, the application documents and contents are much more detailed and there are also equivalence situations.

    The situation is a little easier for people working in household services, and a special incentive is offered for recruitment under this category, and foreign nationals are supported to be employed in these categories. If the employer’s first application; the first work permit of the employee candidate in this field is the state providing a certain amount of support in insurance premium payments.

    Work Permit Applications

    Work permit applications can be carried out on both sides, domestically and abroad. Foreign applications are made through foreign representative offices, and domestic applications are made directly through the online system of the Ministry of Labor and Social Security. The employer makes the application and will follow the process itself. There is no appointment, interview or face-to-face meeting to apply. The first rule to be able to make a domestic application is that the person has a valid residence permit; otherwise, a work permit application cannot be made.

    If the work permit application is made from abroad, then when it is approved, a work visa will be printed on the person’s passport and he / she will enter Turkey with this visa within 30 days. Within 30 days following the entrance, the foreign national person starts to work legally by entering the insurance. In domestic applications, the same procedural processes are fulfilled within 30 days following the approval and the working process is initiated. The work permit entitles the person to a residence permit within the given period. Even during this period, they can apply for their spouse and children under the age of 18 to live with them by obtaining a family residence permit.

    If the work permit is given to the person for a certain period of time, then the process must be followed correctly and the work permit extension application must be made starting from 60 days to the end. In all domestic work permit, foreign work permit, work permit extension applications, the individual is free to apply and may result in the refusal of work permit by the evaluating state authorities. Turkey declares the reasons for rejection of work permit through the system where the person applied for, and the code through which he received this negative response. But the thing to know here is that it is only possible for you to find out the general content of the mentioned work permit refusal clauses and the reason for the refusal is essentially detailed.

    Denial of Work Permit

    In order to avoid denial of work permit, you must first have a detailed understanding of the application conditions and contents explained above. In order to prevent the negative result from the beginning, you can ensure that your application result is positive by mastering the contents and predicting the negativities that may arise. Those who are faced with a work permit refusal should first of all examine why they were refused, and if it is thought to be a wrong decision, they should object to the refusal to work permit. Foreigners who are faced with a work permit rejection can file an appeal within 30 days following the notification of this rejection decision.

    Before starting work permit denial and objection proceedings in Turkey, the important thing is to understand the reason for refusal correctly. If there is a solution for the rejection decision understood correctly or if it is believed that an incorrect evaluation has been made, then an objection must be made with a refusal petition. In the objection petition, the objected reasons should be clearly stated and these should be documented with the relevant documents. These transactions are also made online in the application system and are taken into a new evaluation process. Objections and documents must be scanned and uploaded to the system online.

    The petition of objection to the refusal of work permit is of particular importance, and the reasons why you want to employ this foreigner should be expressed in a clear language and documented with the aforementioned documents. In the same way, after the objection is made, if this objection application is concluded negatively, then the right can be sought by applying to the administrative jurisdiction. In this regard, the person has the freedom to sue and seek his right. Rather than these processes, if the application is concluded negatively despite the objection to the rejection, then a new application can be made after these are eliminated or improved, taking into account the conditions that cause the negativity.

    As Inforeigner, consultancy offices, we serve you with our work permit specialists, which are among the processes of making your work permit application and carrying out your process, as well as preparing your rejection appeal petition and requesting a re-examination for your rejected application. In these processes, which seem to be easy; in order not to get a negative result, you can reach us at 0212 706 79 67 in Istanbul, 0312 963 10 49 in Ankara, 0242 255 07 24 in Antalya, 0224 322 06 46 in Bursa, 0232 335 15 78 in Izmir.