Article 14 of the Law on Work Permit of Foreigners defines the grounds for rejection of work permit applications. As a general rule, foreigners may not be granted with work permit, if needed work force can be obtained domestically from local labor market. Within this respect, Ministry of Labor and Social Security has the right to reject work permit applications on the basis of availability of a person (within four weeks) in the country with the same quality to perform the applied job. Ministry may reject an application, if economic, geographic and sector-specific conjectural changes regarding to the employment and/or developments in business life and/or current situation of labor market is not appropriate to grant work permit. A work permit application may also be rejected on the grounds of national security, public order, general security, public interest, general ethics and general health.
In the inland applications, absence of valid residence permit constitutes a ground for rejection. Moreover in accordance with article 14 of the Law on Work Permit of Foreigners, negative opinion of the Ministry of Interior is constitute a reason for rejection.
In accordance with article 21 of the regulation, for those applications assessed within the scope of professional services, Ministry rejects the applications if the applicant previously debarred from the profession or do not meet with the academic qualification standards. Once a work permit application is rejected, repeated applications within one year also will be rejected.
Although the Ministry has discretionary authority in rejecting and canceling the working permissions, the interested parties have the right to take legal actions. Interested parties may dispute decision of the Ministry the within 30 days after the notification of decision. If objection also denies by the Ministry, interested parties have the right to take legal action against to the decision of the Ministry.
Validity of Work Permits
A work permit is valid within its validity period. In reference to article 16 of the Law on work Permits of Foreigners, a work permit becomes invalid in the existence of the following circumstances, (i) n case a removal decision or entry ban to Turkey has been issued in respect of the foreigner, (ii) if the validity period of the foreigner’s passport cannot be extended, (iii) if foreigner stays abroad for more than six months uninterruptedly, except compelling reasons.
