Refusal of Work Permit and Objection to Refusal
The refusal of the work permit and the objection to the refusal are authorized by the Ministry of Labor and Social Security to evaluate the work permit applications of foreigners and are made in accordance with the principles and procedures in the International Labor Law No. 6735. Work permit applications, which are examined by the Ministry of Labor and Social Security, General Directorate of International Labor Force, result in acceptance or rejection. The results of the application are notified to the employer via e-mail. For foreign applications, online information is sent to the relevant foreign representative office to which the foreigner has applied.
Why is the Work Permit Denied?
The reasons for refusal of a work permit application are regulated in Article 9 of the International Labor Law No. 6735, and the Ministry gives a decision to reject the applications of those who meet one of these conditions. In accordance with the text of the law in the said law, the reasons for refusal are as follows:
- Applications outside the International Labor Policy;
- Applications made by forging documents and information;
- Situations where the employer’s reason for employing foreigners is deemed insufficient;
- Applications made to professions that are prohibited to foreigners;
- Applications of foreigners who do not have the qualifications and expertise specified in the application;
- Applications that do not meet the criteria set by the MoLSS;
- According to the 7th article of the Foreigners Law No. 6458, the foreigners who are not allowed to enter Turkey, the foreigners who will not be granted a visa according to the 15th article, the foreigners whose deportation decision is taken according to the 54th article;
- Foreigners who pose a threat to public health, security and order;
- Applications of citizens of countries that Turkey does not recognize (the situation deemed appropriate by the Ministry of Foreign Affairs constitutes an exception);
- Applications that are not completed within the legal time limit granted to the applicant by the Ministry are faced with the rejection of the work permit.
Professions Prohibited to Foreigners
The reasons for refusal are regulated in Article 9 of the International Labor Law No. 6735, titled Rejection of Work Permit Application. In the three paragraphs of the same article, it is stated that foreigners cannot work in jobs that are reserved for Turkish citizens by law. According to the provisions of the law in the relevant laws, the professions that are prohibited to foreigners are as follows:
It is prohibited by the Attorneyship Law for foreigners to practice law in Turkey, and in accordance with article 3/a of the relevant law, the person must be a Turkish citizen in order to be admitted to the profession of attorneyship.
- notary public;
In Article 7 of the Notary Law, foreigners are prohibited from performing the profession of notary public in Turkey by introducing the condition of Turkish citizenship in order to start notary public internship.
The health sector is one of the most prohibited occupations for foreigners. In the past, doctors’ working in Turkey was also considered as a prohibited profession and they were forbidden to work in Turkey. With the later regulation, medicine and nursing were removed from being prohibited professions for foreigners, and work was allowed by obtaining a preliminary permit from the Ministry of Health and a work permit from the Ministry of Labor and Social Security. However, since the way dentists work is regulated by the Law on the Execution of the Style of Medicine and Medicine, it is forbidden for non-Turkish citizens to work.
- Veterinary medicine;
Citizenship is stipulated in the Law on the Formation of the Veterinary Medical Association and its Chambers and the Jobs to be carried out in order to be able to practice the veterinary profession in Turkey.
- Responsible Manager in Private Hospitals;
It is forbidden for foreigners to practice this profession, since the phrase “being a Turkish citizen” is included in the conditions required by the responsible manager in the Private Hospitals Law.
- Security guard;
According to the Law on the Protection and Security of Certain Institutions and Organizations, foreigners are prohibited from working.
- Performing the professions included in the Cabotage Law (diving, captain, crew, etc. );
- Customs Brokerage;
Pursuant to Article 227 of the Customs Law No. 4458, it is forbidden for foreigners to practice this profession, since it is necessary to be a Turkish citizen in order to perform the customs consultancy profession.
Although there is no ban on foreigners working in the tourism sector, the only ban is on tourist guiding. Pursuant to Article 3 of the Tourist Guiding Profession Law No. 6326, foreigners are prohibited from working as tourist guiding is a profession specific to Turks.
My Work Permit Has Been Denied What Should I Do?
After examining the application, the Ministry of Labor and Social Security notifies the applicant of its decision. This decision can be positive or negative.
The foreigner or his employer is notified of the rejection of the work permit or extension application . An objection can be lodged against the decision of the Ministry within 30 days from the notification of the refusal decision to the relevant person. In cases where this objection is decided to be rejected, it can apply to the relevant administrative court.
Work Permit Refusal Petition Sample
REJECTION OF WORK PERMIT
After the work permit applications are submitted to the Ministry of Labor for the application process before examining the work permit refusal and objection to the rejection, there are 3 different situations in the final stage. Approval of the file is the rejection of the file and the return of the file. The work permit application file can be returned in very special cases. Non-compliance with the procedure, non-payment of fees, failure to complete the missing documents on time, etc. In such cases, the application is canceled and returned. Otherwise, your application file may be rejected by showing a reason.
The reasons for refusal to work permit are clearly laid out in the laws;
- Considering the period for which the application was made, there were turbulences in the sector for which the work permit was obtained at that time; Inadequate economic conditions of the sector to be employed
- The work in the category for which a work permit application will be made can be done by a Turkish person and this employment can be done within 4 weeks.
- The foreigner to whom the application is made does not have a valid residence permit at that time
- Re-application of the person who received a rejection result from the same job position and company before 1 year has passed.
- The foreigner who will apply for a work permit adversely affects my national security and public order; situations where our benefit is not foreseen in matters of public interest and health
If even one of the above-mentioned articles is violated, the result of the application will be rejected. What can be stretched from the items can only occur if there are no Turkish personnel who can work in the aforementioned business line. This is examined through detailed reviews and reports through İŞKUR, and flexibility is evaluated depending on the result. Even if the conditions can be relaxed, the work permit application is still rejected for people who do not have a residence permit.
Work permit refusal response is given by the Ministry of Labor, and apart from the above-mentioned concrete reasons, a refusal response can also be given within the scope of its own initiative and authority, taking into account the country’s interests. Applications are finalized by the ministry both by considering the laws and by taking into account the profit and loss situations of the country.
In addition, the current work permit was obtained under irregular conditions or other than the specified conditions; If it is determined that it has been used in violation, the current work permit will be rejected, as well as the extension applications will result in the rejection of the work permit application. Persons who are banned from the profession in their line of work or who are not academically competent will also receive a refusal.
When is the refusal of the work permit registered?
The refusal of the work permit and the application to object to the refusal will be considered valid as of the date on which the refusal is notified to the person and is void as of this date. Even if the work permit applications of the Ministry of Labor are positive, they are always entitled to cancel the valid work permit and terminate its validity if it is determined after giving false documents, making false statements or giving misleading information, misleading the competent authorities. In addition, the employer reserves the right to terminate the validity of the work permit, if there are valid situations on the part of the employer or if the conditions specified in the contract are not met.
In this case, the permit holder must return the original card to the Ministry of Labor within 7 days following the notification. You can review our work permit refusal appeal and work permit petitions above. In case of a change of workplace, since there should be no gap between the work permits, the permit will not be accepted if the residence permit is canceled at a previous date or if the departure date of the said foreigner is earlier than the permit to be obtained now.
The work permit is not extended after the expiry of the validity period,
Failure to extend the validity of the foreign person’s passport or equivalent document,
The work permit will also lose its validity if the foreigner has been abroad for more than six months without interruption, except for force majeure.
When should an objection to the refusal of a work permit be made?
Rejection of work permit application , work permit extension application refusal decisions are notified to the person after the Ministry of Labor receives them. There is a right to object within 30 days following the notification of this decision given by the Ministry. Objection to the decision is a mandatory administrative procedure that must be applied and followed. This objection is examined and concluded by the commission of officials formed by the General Directorate of Employment and the Department of Work Permit for Foreigners. If the objection is also rejected, administrative remedies can be applied.
It is also possible to apply for a stay of execution while an action for annulment has been filed in the files that have resulted in a work permit refusal. If irreparable or irreparable damages occur, and if the administrative actions are legally unconstitutional, the Council of State and Administrative courts may take a stay of execution decision. As our Immigration Bureau consultancy offices, we support you both in work permit applications and in work permit refusal and work permit refusal objection processes.
As we, Immigration Bureau, you can contact our immigration experts via the APPLICATION FORM: https://gocmenburo.com/en/immigration-office-service-form . We can serve you in all your Turkey application processes and carry out your processes together with our experienced staff. For information, you can also contact us via our e-mail address firstname.lastname@example.org about refusal of work permit and objection to refusal.