Can Foreigners whose Work Permit Cancelled Obtain a Residence Permit in Turkey?

At the last years, with Turkey’s increasing international labor mobility, a popular increase is observed in the participation of foreign personnel and company partners in the Turkish labor market. First of all, we need to remind that a foreigner must have a valid work permit in order to work legally in Turkey. Work permit applications in Turkey are received by the Ministry of Labor and Social Security. Applications made are finalized within an average of 30 days and permit cards are sent to foreigners who have no objection to obtaining a work permit. In addition, if the foreigner or his employer does not comply with the rules specified in the legal regulations, the work permit of the foreigner may be canceled. In this article, we will briefly talk about the residence permit application conditions of foreigners whose work permit has been canceled and the conditions for legal stay in Turkey.

In Which Conditions is the Work Permit Canceled?

As a rule, work permits are canceled when the foreigner resigns, the employer terminates the foreigner’s contract, or the realization of one of the reasons specified in the law. The conditions for obtaining and canceling work permits for foreigners are determined by the International Labor Law. Except for the resignation by foreigner and termination of contract by employer who has a work permit in Turkey, the work permit is legally canceled for the following reasons;

• The foreigner does not enter Turkey within 6 months following the approval date of the work permit,
• Expiration the validity of the foreigner’s passport,
• If it is determined that the information specified in the work permit application is incorrect, misleading or incomplete, the foreigner does not work in the promised position,
• The foreigner’s deportation decision is taken or the visa is not issued,
• The foreigner causes a threat to public order and public health,
• The foreigner stays out of Turkey for 6 months in temporary work permits and for 1 year uninterrupted in indefinite work permits

In the above-mentioned cases, the work permit of the foreigner is canceled by the ministry.

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Obtaining a New Residence Permit

First of all, you should know that the valid work permits of foreigners in Turkey also replace the residence permit. According to this information, foreigners with a valid work permit do not need to obtain an extra residence permit. 10 days before the expiry or cancellation of the work permit, the foreigner can apply for a residence permit according to the purpose of stay. If the foreigner does not exit Turkey within this 10-day period, he is considered to have violated a visa and may become a fugitive. This 10-day period is very important for foreigners, and if the foreigner wants to continue to stay in Turkey, he or she usually applies for a touristic residence permit. In addition, according to the new practice that came into effect after 2017, foreigners whose work permits for domestic services have been canceled are not granted a touristic residence permit. These foreigners are required to apply for a residence permit other than the touristic residence permit. In addition, foreigners whose work permit has been canceled can appeal this decision within 30 days. However, it should be known that the 30-day period is disqualifying, and appeals that are not made within the deadline will not be considered.

If you have questions about obtaining a residence permit for a foreigner whose work permit has been canceled in Turkey, you can send them to us in the comments section.