The work permit granted to a foreigner employed in Türkiye does not become a vested and untouchable right at the moment it is issued. Where the situations set out in the Act arise, the permit may be terminated; in addition, the employer employing the foreigner may also make a request for the permit to be cancelled.
Below we address the circumstances in which cancellation arises, how the employer may have recourse to this route, and the options available to a foreigner who is the addressee of a cancellation decision. The subject contains technical details that produce direct consequences for employers of foreign personnel as much as for the foreigners holding the permit.
Once the permit is cancelled, the foreigner becomes unable to work in the country unless a new permit is obtained. On the employer’s side, employing a foreigner without a permit brings with it the sanction of an administrative fine. Given the gravity of the consequences produced, it is important that the process be conducted with legal support.
The Concept of Cancellation and Its Consequence
Cancellation of a work permit denotes the removal of the permit granted to a foreigner to work in the country, either on the grounds set out in the Act or upon the employer’s application. It is unlawful for a foreigner whose permit has been cancelled to continue working in Türkiye.
The permit becomes void from the moment the cancellation decision is notified. The foreigner must return the original of the cancelled permit document to the Ministry within 1 week of the cancellation being notified to them.
The relevant provisions are contained in the International Labour Force Act No. 6735 and in the Regulation on the Implementation of the Act on Work Permits for Foreigners. The procedure for obtaining the permit is likewise set out in the same legislation; on that subject, our note entitled “work permit” may be consulted.
An important repercussion also arises as regards residence: for foreigners who obtained their residence permit on the basis of a work permit, cancellation of the work permit also brings the residence permit to an end. That matter is examined separately in our note entitled “cancellation of a residence permit”.
Grounds for Cancellation
The permit may be cancelled at the request of the foreigner or the employer, and it may equally be withdrawn by the administration of its own motion upon the occurrence of the situations listed in the Act. Those grounds are governed by Article 15 of the International Labour Force Act No. 6735 and may be listed as follows:
- the foreigner not having come to Türkiye for 6 months after the permit was granted
- the passport, or the document replacing it, losing its validity
- a finding that the foreigner has been working contrary to the provisions of the International Labour Force Act No. 6735
- the employment relationship coming to an end for any reason
- it emerging subsequently that the information in the application file was misleading and the documents false
- the failure of a Turquoise Card holder to submit the requested information and documents within the transition period, or it becoming apparent that they have lost the qualities on which the card was based
- the person concerned being among the foreigners who are not to be permitted entry to the country, not to be granted a visa, or in respect of whom a deportation decision is to be taken
- notification by public institutions and organisations that the foreigner’s working in the country would adversely affect public order, public security or public health
- remaining abroad in excess of an uninterrupted 6 months in the case of fixed-term permits, and an uninterrupted 1 year in the case of independent and indefinite permits (situations such as health grounds and compulsory public service are not taken into account in the calculation of these periods)
- the period spent abroad by a Turquoise Card holder exceeding the period determined by the Ministry
Cancellation at the Employer’s Request
It is open to employers to apply for the termination of the permit of the foreigner they employ. That application may be made online through the e-Government system, and it may equally be conducted through a power of attorney granted to a lawyer.
Files of this kind often do not remain a purely technical cancellation procedure; serious disputes may arise in the background between the employee and the employer. If, for example, the termination was carried out contrary to the procedural or substantive rules, the consequences explained in our note entitled “the rights of a dismissed employee” come into play.
Preparing the Cancellation Petition
Constructing the petition without procedural error is decisive for the sound progress of the application. Although a great many specimen texts circulate on the internet, these are erroneous texts with no connection to the specific case; reliance on templates of that kind is not advisable.
In preparing the petition, all the details of the case must be taken into account and the information concerning the foreigner must be reflected in the text in full. Conducting the process with the support of a lawyer prevents errors that are difficult to remedy at a later stage.
Remedies Available to the Addressees of a Cancellation Decision
The Ministry notifies the decision on cancellation to those concerned in due form. Notification may be made to the foreigner, to their representative or to the employer.
It is possible to object to the decision within 30 days of notification of the cancellation decision. That period is a preclusive period. The objection is examined and determined by the competent authorities.
Beyond this, since every act and transaction of the administration is subject to judicial review, an action for the annulment of the administrative act may be brought before the administrative court against the act cancelling the work permit. Where the court gives a decision annulling the act, the act cancelling the work permit ceases to have effect.
Points to Bear in Mind
Above we have addressed in detail the situations in which, and at whose request, the permit may be terminated.
Both the application stage and the objection and litigation process to be conducted after notification of the cancellation decision contain technical details that may lead to a loss of rights if overlooked. For that reason the process should be followed with a lawyer practising in the field of the law on foreigners.
Independent Legal Assessment
The situation most frequently encountered in practice is the assumption that the permit retains its validity of its own accord once the employment contract has ended. In fact the ending of the employment relationship is in itself a ground for cancellation, and from that moment onwards the foreigner cannot work for another employer on the basis of the same permit. Periods spent abroad must likewise be monitored scrupulously; exceeding the limit of six months in the case of fixed-term permits, and of one year in the case of independent and indefinite permits, results in the permit coming to an end.
On the employer’s side, the cancellation application must be assessed together with its employment law dimension. If the termination procedure is contentious, the administrative act cancelling the permit and the dispute over employment receivables may arise at the same time. In specific files we recommend that the following headings be addressed as a priority:
- determining which of the situations listed in Art. 15 of the International Labour Force Act No. 6735 the ground for cancellation corresponds to
- documenting the date of notification and scheduling the thirty-day preclusive period
- not overlooking the obligation to return the permit document to the Ministry within one week
- taking into account that a residence permit based on the work permit will also come to an end, and planning accordingly
- in an employer’s cancellation request, separately assessing the employment law consequences as to the validity of the termination
- not losing sight of the time limit for the action to be brought before the administrative court while awaiting the outcome of the objection
Independent Legal provides advisory services and conducts litigation for both employers and foreign employees in administrative disputes arising from the employment of foreigners, in particular the cancellation of work permits.