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Work Permits and Foreign Personnel

Cancellation and Expiry of a Work Permit: Leaving the Job, Change of Employer, Residence and Notification Obligations

Representative cover showing the end of an employment contract, a work permit card, a passport, a residence document and a notification form.
Author: Published: About 12 min read

Institutional legal review and control: Güneş & Güneş Law Firm

Published by: Güneş & Güneş Law Firm

Summary

The expiry of a work permit and its cancellation by the Ministry are not the same situation. A permit may expire automatically when its term runs out; the end of the employment relationship, the foreigner's failure to start work, a false or misleading document, working outside the scope of the permit or other statutory grounds may lead to termination or cancellation of the permit. The employer must notify the Ministry within 15 days of the start of work and of the end of work and of circumstances requiring cancellation; the SGK exit, the request to terminate in e-İzin and the foreigner's residence status must be followed separately. [1-2, 5, 8-10]

The concepts of expiry, termination and cancellation

Expiry of the term

A fixed-term work permit expires on the end date shown on the card or in the system. If no extension has been made in time, the foreigner cannot work after the permit ends. Bearing in mind that in most cases the work permit takes the place of a residence permit, the foreigner's right to stay should be re-evaluated on the same date. [1, Art. 15; 9-10]

The employer's request to terminate the permit

If the foreigner does not start work, resigns, has their employment contract terminated or the working relationship ends for another reason, the employer uses the "Post-Permit Procedures - Permit Termination Request" route in the e-İzin system. The termination date and the grounds must be consistent with the actual employment relationship; the procedure must be completed with an electronic signature. [4-5]

Cancellation by the Ministry

Article 15 of Law No. 6735 regulates the cases in which the permit may be cancelled by the Ministry. Grounds such as the foreigner working outside the scope of the permit, not starting work, the end of the job, a false or misleading document, passport and entry requirements, public order or notifications from the relevant institutions may lead to cancellation according to the specific file. A cancellation act must be reasoned, notified and capable of judicial review. [1, Art. 15]

Steps to take if the foreigner leaves the job or the employer terminates

Determine the date the employment relationship ended

In cases of ending such as resignation, termination by the employer, mutual termination, expiry of a fixed term or death, the true date must be established. The SGK exit date, the employment contract, the termination notice and the e-İzin termination date must not conflict. Terminating the permit using a hypothetical future date, or changing a past date without documents, may create an inspection risk.

The fifteen-day notification to the Ministry

An employer who employs a foreigner is obliged to notify the Ministry within 15 days of the start of work, the end of work and circumstances requiring cancellation of the permit. This notification is completed by the e-İzin termination procedure. Missing the time limit may lead to an administrative fine and to a dispute over the records. [1, Art. 22; 5, 8]

The SGK exit declaration is a separate procedure

Termination in e-İzin does not take the place of the SGK exit declaration. The employer applies separately the exit reason and time limit under the social security legislation. If the e-İzin and SGK records show different dates, this can create problems as to the date up to which the foreigner actually worked and as to wage/premium obligations.

Wage and employment receivables do not end

The expiry of the work permit does not remove the foreigner's employment receivables such as wages, overtime, annual leave, severance or notice pay. Work permit law and rights arising from the employment contract are assessed separately. Even working without a permit does not in every case extinguish the worker's employment receivables; however, administrative sanctions and migration law consequences may come into question separately.

How is a change of employer made?

Work for a different employer cannot be continued with the existing permit card. The new employer must request a work permit under the initial application procedure. The old employer's termination of the permit and the SGK exit do not create a right to work for the new employer.

The timeline of the old and new employer processes

  1. The manner and date of the end of the old employment relationship are determined.
  2. The old employer carries out the SGK exit and e-İzin termination procedures in time.
  3. The foreigner's residence or special status that allows a new application from within the country is checked.
  4. The new employer prepares the employment contract and the application file.
  5. Work for the new employer is not actually started until the new work permit is granted.
  6. When the new permit is approved, the SGK entry and start-of-work obligations are fulfilled.

If a gap arises between permits

If the old work permit has expired and there is no other valid residence status, the foreigner's right to stay in Türkiye may be affected. The fact that a new application has been made does not automatically continue the residence effect of the old permit. A change of employer should therefore be planned not only on the employment law timetable but also on the migration law timetable. [9-10]

The effect of the work permit on the right of residence

When the work permit ends, does residence also end?

As a rule, because the permit takes the place of a residence permit, the date the work permit ends is also the end date of the right of residence. If the foreigner also has a valid family, student, short-term or other residence permit, that permit may continue under its own conditions. Because a work permit in protection statuses does not take the place of a residence permit in any case, the status document is assessed separately. [9-10]

Moving to an appropriate residence permit

The Presidency of Migration Management explains that an application for an appropriate residence permit can be made from 60 days before the end of the work permit and in any case before the period runs out. If the employment relationship has ended unexpectedly, the foreigner's current stay status, the admissibility of a residence application and any obligation to leave should be examined without delay. Generalizations found online such as "there is an automatic 10 days after leaving the job" should not be used without seeing the specific status and current practice. [9]

The address registration obligation

A foreigner who enters Türkiye with a work permit must register in the address registration system within 20 working days after entry. A change of address is also notified within the time limit in the migration legislation. Terminating the work permit does not update the address record by itself. [9]

How are the grounds for cancellation assessed?

Not starting work, or the end of the job

A foreigner who obtains a permit from within the country must start work within one month of the start of the permit; a foreigner who obtains a permit from abroad must start work within one month after entering Türkiye and in any case within six months of the start of the permit. Failure to start work, or the actual end of the job, is significant for cancelling/terminating the permit. [5]

Working outside the scope of the permit

A foreigner working for a different employer, at a different workplace, in a different profession or under conditions not shown in the permit may exceed the legal scope of the existing card. Being a company of the same group, the same brand or the same partnership structure does not legitimize an unauthorized move between different employer legal entities.

A false or misleading document

If it emerges after the permit is granted that the application documents were false or misleading, this may be a ground for cancellation. A simple data-entry error should be distinguished from the deliberate use of a wrong document; the source of the document, its translation, the verification method and its effect on the application should be examined.

Passport, entry and public order grounds

The validity of the passport, entry into Türkiye, deportation or public order records may affect the continuation of the work permit. However, not every record can be presented as an automatic cancellation consequence; the statutory basis, whether it is up to date, the match with the person and the reasoning of the act are open to judicial review.

Objection and suit against the cancellation decision

The thirty-day objection to the Ministry

A cancellation decision of the work permit may be objected to before the Ministry within 30 days of proper notification. In the petition, the ground for cancellation, the true state of the employment relationship, the SGK and e-İzin records, the passport/residence situation and any wrongly assessed documents should be explained separately. [1, Art. 21]

Annulment action and stay of execution

If the Ministry rejects the objection, the administrative court route is open. An annulment action does not stop the act automatically. For a stay of execution, the conditions that the act is clearly unlawful and that its enforcement would cause damage that is difficult or impossible to remedy must be asserted together. The competent court and venue are determined by the authority that made the act and by special provisions. [11, Arts. 7, 11, 27 and 32]

A cancellation decision does not directly mean a new permit

In its decision E.2018/4083, K.2024/113, the 8th Chamber of the Council of State (Danıştay) found the cancellation of the work permit at the closed institution lawful, but reversed the part consisting of a general ban that would prevent the person from obtaining a permit in all private educational institutions in the future. The Chamber stated that the decision does not mean that a work permit is directly issued, and that on a new application the administration will examine the current conditions separately. This distinction shows that the cancelled act and a future application are different legal subjects. [16]

The employer's document and proof file

DocumentWhat it showsRisk
Employment contract and termination noticeThe manner and date the employment relationship endedConflicting dates
SGK entry/exit recordsThe actual period of insuranceMismatch with e-İzin
e-İzin termination recordNotification to the MinistryMissing the 15-day time limit
Payroll and bank recordsLast salary and receivablesMissing payment / wrong salary
Passport and residence documentsThe foreigner's stay statusA status gap when the work permit ends
New employer's applicationThe new working relationshipWorking before the permit is issued
Notification / UETS recordTime limit for objection and suitWrong starting date

Common mistakes

  • Thinking that the work permit ends automatically upon SGK exit.
  • Terminating in e-İzin but skipping the SGK procedure, or the reverse.
  • Entering a termination date inconsistent with the employment contract and payrolls.
  • Starting work for the new employer with the old permit.
  • Assuming that the new application automatically continues the right of residence.
  • Disregarding the employment receivables of a foreigner who leaves the job because of the work permit.
  • Thinking that work can continue because the cancellation decision has been objected to.
  • Not keeping the notification and UETS record.
  • Treating a court's annulment decision as though it directly resulted in a card being issued.

Related articles: Work Permits in Türkiye: Application Conditions, Types, Extension and Objection to Refusal; Work Permit Application for Foreigners in Türkiye; Work Permit Extension Application; Work Permit and Social Security; Cancellation or Expiry of a Work Permit: Residence, Change of Employer and Application Routes; Rejection of a Residence Permit Application.

Conclusion

The expiry of a work permit is not only the cancellation of the card; the employment contract, e-İzin, SGK, residence, address and the new employer's application must be managed within the same timetable. A change of employer is not a transfer of the existing permit. The fifteen-day notification must be made, the foreigner's residence basis must be checked without delay, and if an application is to be made against a cancellation decision, the chain of notification must be preserved.

Frequently Asked Questions

Who terminates the work permit of a foreigner who leaves the job?

In a permit tied to the employer, the employer completes the permit termination request through e-İzin with an electronic signature. [5]

How many days is the notification period?

The start of work, its end, or circumstances requiring cancellation are notified to the Ministry within 15 days. [1, Art. 22; 8]

Does SGK exit automatically cancel the permit?

No. SGK exit and e-İzin termination are separate procedures; both must be carried out consistently with the actual date of the end.

Can a foreigner work for a new employer with the old work permit?

No. A new work permit is required for a different employer.

Can a foreigner work while the new employer's application is pending?

As a rule, they cannot work for the new employer until the new permit is issued. The 90-day facility in an extension applies only within the same job and workplace.

When the work permit ends, does the right of residence also end?

As a rule, yes; whether there is another valid residence or protection status should be checked separately. [9-10]

Can a residence application be made after leaving the job?

If the conditions of the appropriate residence type are met, the application can be assessed. It is safer to prepare before the work permit ends; the specific stay status must be examined separately.

Can the cancellation of the permit be objected to within 30 days?

Yes. There is a route of objection to the Ministry within 30 days of proper notification. [1, Art. 21]

Does filing a suit continue the right to work?

No. A suit does not automatically stay execution. [11, Art. 27]

If the annulment action is won, is the work permit directly granted?

As a rule, the administration establishes a new act consistent with the court's reasoning; the current permit conditions are assessed separately. [16]

Sources

1. Law No. 6735 on International Labor Force (Uluslararası İşgücü Kanunu). Official Gazette, 13.08.2016, 29800; in particular Arts. 6-10, 15, 21-23. resmigazete.gov.tr

2. Implementing Regulation of the International Labor Force Law (Uluslararası İşgücü Kanunu Uygulama Yönetmeliği). Official Gazette, 02.02.2022, 31738; in particular Arts. 22-27 and 66. resmigazete.gov.tr

5. Ministry of Labor and Social Security (ÇSGB) - Work Permit FAQ. Explanations on e-İzin, extension, 90-day work, permit termination and notification. csgb.gov.tr

8. ÇSGB - Social Security of Foreign Workers (Yabancı Çalışanların Sosyal Güvenliği). The fifteen-day notification and social security obligations. csgb.gov.tr

9. Presidency of Migration Management - Work Permit FAQ (Göç İdaresi Başkanlığı - Çalışma İzni SSS). The work permit taking the place of a residence permit, address registration and special statuses. goc.gov.tr

10. Law No. 6458 on Foreigners and International Protection (Yabancılar ve Uluslararası Koruma Kanunu). In particular Art. 23 and Art. 27. mevzuat.adalet.gov.tr

11. Law No. 2577 on Administrative Procedure (İdari Yargılama Usulü Kanunu). In particular Arts. 2, 7, 11, 27, 28 and 32. mevzuat.adalet.gov.tr

12. Law No. 7201 on Notification (Tebligat Kanunu). In particular Art. 7/a on electronic notification. mevzuat.adalet.gov.tr

16. Council of State (Danıştay) 8th Chamber, E.2018/4083, K.2024/113, 19.01.2024. The distinction between a cancelled work permit and a general ban on future applications. app.dejure.ai

AUTHOR

Av. Umut Güneş

Güneş & Güneş Law Firm

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