Foreign nationals frequently encounter rejection decisions in work permit applications in Turkey, which can lead to complex legal consequences. A rejection decision can put both the applicant and the employer in a difficult position.
In this comprehensive guide, you will find detailed explanations about the reasons for rejection, legal remedies, and practical strategies to overcome such situations.
A “work permit rejection” means that the Ministry of Labour and Social Security (Directorate General of International Labour Force) has refused the foreigner’s application to work legally in Turkey.
The decision is usually based on reasons such as incomplete documentation, non-compliance with the law, or failure to meet evaluation criteria.
The rejection is officially notified to the applicant. From the date of notification, the right to appeal arises; if the appeal is rejected, the matter may proceed to the administrative court (annulment lawsuit).
Following the rejection, the applicant is not legally allowed to work in Turkey, although a new application may be possible depending on the reason for rejection.
Work permit rejections in Turkey are primarily based on the International Labour Force Law No. 6735 and its Implementing Regulation.
Article 9 of the law defines the main rejection grounds. Below are the most common reasons and their explanations:
|
Reason / Article |
Explanation |
Example |
|
9/A – Incompatibility with national labour policies |
The application is deemed inconsistent with Turkey’s labour force policy. |
For instance, restrictions may apply to certain sectors for employing foreigners. |
|
9/B – False or misleading documents/information |
Submission of forged, inaccurate, or misleading documents. |
Fake diplomas, incorrect references, or falsified experience certificates. |
|
9/C – Insufficient justification for employing a foreigner |
The employer fails to justify why a foreign worker is needed. |
The position could be filled by a Turkish national. |
|
9/Ç – Occupations reserved for Turkish citizens |
Certain professions can only be practiced by Turkish nationals. |
e.g., public sector positions, specific licensed professions. |
|
9/D – Lack of required qualifications or expertise |
The applicant lacks the educational, technical, or professional qualifications required. |
Missing certificates, insufficient work experience, or unaccredited diplomas. |
|
9/E – Failure to meet ministerial evaluation criteria |
The employer or applicant does not meet the minimum financial or employment criteria. |
Insufficient capital, lack of Turkish staff, unpaid taxes or social security. |
|
9/F – Entry ban or deportation status |
The applicant is subject to an entry ban or deportation order. |
Cases falling under “inadmissible foreigners” in Law No. 6458. |
|
9/G – Public order, safety, or health concerns |
The applicant is considered a risk to public order, health, or national security. |
Criminal record or public security concerns. |
|
9/Ğ – Lack of Foreign Ministry approval / unrecognized country |
Required diplomatic clearance not granted. |
Nationals of countries without diplomatic ties with Turkey. |
|
9/H – Late or incomplete submission |
The application or document completion was not done within the legal deadline. |
Missed deadlines or missing attachments. |
|
Additional criteria (Implementing Regulation) |
Special exemptions or different criteria for sectors like IT, R&D, education, etc. |
Some professions are exempt from financial thresholds. |
|
Employer-related issues |
Problems related to the employer’s tax, SGK (social security) records, or capital structure. |
Company fails to meet legal employment standards. |
Note: In some industries (e.g., IT, R&D, education), partial exemption from standard evaluation criteria may apply.
Frequent practical mistakes leading to rejection:
Careful file preparation and compliance with these details are critical to avoiding rejection.
If a work permit is rejected, foreign nationals and employers have several legal remedies. When used timely and correctly, these can lead to reversal of the rejection.
Here’s the step-by-step process:
Important Note:
The court reviews only the legality of the decision — not whether it was “appropriate” or “wise.” The court does not replace the Ministry’s discretion with its own evaluation.
Even after approval, a work permit can later be cancelled if certain negative conditions arise. This means the foreigner loses their right to work, and the permit becomes legally void.
Common Grounds for Work Permit Cancellation
A cancellation decision can also be appealed within 30 days, and if rejected, a court case may be filed.
Once finalised, the work permit becomes null and void, and all associated rights cease.
Work permit rejections are a serious setback for foreign nationals, but timely action, accurate legal reasoning, and professional guidance can overturn these decisions.
Analyzing the rejection grounds, preparing strong documentation, and following administrative and judicial procedures meticulously are key to success.
1. What does a work permit rejection mean?
It means the Ministry of Labour and Social Security has refused to grant the foreign national permission to work legally in Turkey.
The decision is based on legal and procedural grounds such as non-compliance or insufficient documentation.
2. Why are work permit applications rejected?
Common reasons include:
3. Can I reapply after a work permit rejection?
Yes. If the issue was due to missing or incorrect documents, you may reapply after correcting them.
However, for the same employer or position, a one-year waiting period may apply.
4. How can I appeal a work permit rejection?
You must submit a written appeal within 30 days to the Ministry of Labour and Social Security.
Your petition should include:
5. What is the time limit for filing a lawsuit?
Within 60 days of the rejection or implicit rejection.
This deadline is strictly binding — missing it results in loss of legal rights.
6. How is an annulment lawsuit filed?
You file it with the competent administrative court.
The petition should include:
7. What is “implicit rejection”?
If the Ministry does not respond to your appeal within 30 days, it is automatically considered rejected, allowing you to proceed to court.
8. Can the foreigner stay in Turkey after rejection?
Yes, if they hold another valid residence permit (e.g., short-term residence).
Otherwise, they must leave Turkey or apply for a different residence status.
9. Does the rejection affect the employer?
Yes. The employer must adjust staffing plans.
If the same position is re-applied for, the employer’s past rejections may influence future evaluations.
10. In which cases is obtaining a work permit most difficult?
11. Is it necessary to hire a lawyer for the appeal or lawsuit?
Not mandatory, but strongly recommended.
Legal processes are technical; deadlines and arguments are crucial.
A lawyer specialized in foreigners’ and immigration law significantly increases success chances.
12. What is the difference between rejection and cancellation?
13. Can I apply again with a new employer?
Yes. However, previous rejection reasons will still be reviewed.
If the issue was lack of qualification, it must be resolved before reapplying.
14. Does rejection affect SGK (social security) records?
No. A rejected application does not create an SGK record.
However, multiple rejections for the same employer may affect credibility.
15. Can a rejection be overturned?
Yes.
If the court annuls the rejection, the Ministry must either grant the permit or reassess the application.
16. Can I request a stay of execution?
Yes. This can be requested during the lawsuit.
If granted, the rejection’s effects are suspended until the final judgment.
17. Which laws regulate work permit rejections?
18. What happens if I miss the deadline?
If you miss the 30-day appeal or 60-day lawsuit period, your right to challenge the decision is lost.
Only a new application remains possible.
19. How can I learn the reason for rejection?
The rejection notice must include a written reason.
If unclear, you can request details under the Right to Information Law or obtain them during litigation.
20. Does rejection lead to a travel ban or deportation?
No. A work permit rejection does not automatically mean deportation.
However, staying in Turkey without another valid residence permit may lead to penalties.
21. What are the consequences of a rejection?
22. How can I defend against the claim that “a Turkish worker can do the job”?
Provide:
23. What happens if the court annuls the rejection?
The Ministry must comply with the judgment — either grant the work permit or re-evaluate the file promptly.
24. How long does the process take?
25. Does hiring a lawyer really make a difference?
Yes — significantly.
An experienced immigration and foreigners’ law attorney can analyze the rejection, prepare the appeal or lawsuit professionally, and monitor deadlines carefully — greatly increasing the likelihood of success.
