Pehlivan & Güven Law FirmPublished:
When your work permit application is refused, you must use the objection and litigation routes within certain time limits from the notification of the decision. In this article we cover the objection process, the procedure for filing an action for annulment, the request for a stay of execution and the approach of the Council of State on the subject.
Short answer
If your work permit application has been refused, you can object to the Ministry through e-İzin within 30 days of the notification of the decision. If the objection is also rejected, an action for annulment can be filed at the administrative court within 60 days of the notification of that decision.
| Stage | Time Limit | Legal Basis |
|---|---|---|
| Objection to the Ministry | 30 days from notification of the refusal decision | Law No. 6735, e-İzin |
| No response to the objection | Implied rejection if there is no response within 30 days | İYUK Art. 10 |
| Action for annulment | 60 days from notification of the rejection of the objection (or from the implied rejection) | İYUK Art. 7 |
These time limits are preclusive: if they are missed, the right to sue is lost and the court takes this into account of its own motion. Keep proof of the date of notification.
The main grounds for refusal listed in the Law (Law No. 6735 Art. 9) are:
The grounds most frequently seen in practice are: failure to meet the employment or financial adequacy criterion (companies), the family's income being considered insufficient (domestic services), a wage declared too low for the job, and missing documents.
When reading the refusal decision, first identify which type of ground it is:
Procedure: In the e-İzin system, the relevant application is selected on the "Concluded Applications → Refused Applications" screen and the "Object to Refusal" button is clicked. A reasoned petition and supporting documents are uploaded in .pdf format, and the objection is completed with the employer's e-signature.
Waiver of objection: If a new application is to be made immediately for the foreign national by another employer, the "Waive Objection to Refusal" option can be confirmed with an e-signature without waiting for the 30 days to expire. Once waived, the same decision can no longer be objected to.
Objection or new application? If the ground for refusal is a missing document and this can easily be remedied, a new application may be quicker. If the refusal is based on discretion or an unlawful ground, the objection route should be used so that an action can be filed later.
Competent court and jurisdiction: Since the ÇSGB is headquartered in Ankara, cases are heard by the Ankara administrative courts.
Time limit: 60 days from the notification of the decision rejecting the objection or, if no response to the objection was given within 30 days, from the end of that period.
Stay of execution (İYUK Art. 27): This can be requested if the act is clearly unlawful and its implementation would cause damage that is difficult or impossible to remedy. The risk of the foreign national being deported because of the refusal decision, a person in need of care being left without care, or the family's ties in Türkiye are concrete examples of such damage.
Appeal (istinaf): An appeal against the administrative court's decision can be lodged with the Regional Administrative Court within 30 days.
The reasoning must be concrete: The Council of State has accepted that the administration's grounds for refusal are subject to judicial review even in applications made from within Türkiye by foreign nationals who have exceeded the legal period of stay (Council of State, 10th Chamber, dated 26.05.2022, E. 2021/6835, K. 2022/2801).
The underlying event must be real: The permit of a foreign national working in domestic services was cancelled on the ground that "there is a deportation order", but when it emerged that no concrete deportation order existed, the act was found unlawful (Council of State, 10th Chamber, dated 24.03.2021, E. 2016/15205, K. 2021/1356).
A false declaration justifies cancellation of the permit: Where incomplete or false information was given, the administration's cancellation of the work permit was found lawful (Council of State, 10th Chamber, dated 06.10.2021, E. 2017/144, K. 2021/4588).
These decisions show that the administration's abstract and standard-form reasoning can be challenged in court, but that the accuracy of the information given at the time of application is also critical.
From the date on which the refusal decision is notified to the employer. For e-İzin notifications this date is visible in the system; it is advisable to keep a screenshot of it.
No. Working is prohibited unless a permit has been granted; in 2026 an administrative fine of TL 102,503 is imposed on the employer and TL 40,977 on the foreign national.
The same objection and litigation routes apply. If the current permit has expired, the legal basis for the foreign national's stay may also lapse, so the time limits must be followed carefully.
No, but because the time limits are preclusive and the request for a stay of execution is technical in nature, legal assistance is recommended.
If a work permit is refused, you have the right to file an administrative objection within 30 days of the notification of the refusal decision and, if the objection is rejected, to file an action for annulment within 60 days. These time limits are preclusive. It is critical that the objection petition is reasoned and supported by documents and, at the litigation stage, to examine whether the administration relied on concrete evidence. You are advised to consult a lawyer about your particular situation.
