1. Case Information
- Court: Council of State (Danıştay), 10th Chamber
- File No. (Esas): E.2021/4351
- Decision No. (Karar): K.2023/8211
- Decision Date: December 15, 2024
- Relevant Legislation: Law No. 4817 on Work Permits for Foreigners, Articles 5 & 16
2. Background
Under Turkish law, any foreign national wishing to engage in paid employment must first obtain a work permit from the Ministry of Labour and Social Security. Law No. 4817 establishes a multi-stage process: an initial application, background checks, issuance of a pre-approval or “preliminary permit,” and finally a full work permit once all educational and professional credentials are verified.
In practice, academic and professional qualification evaluations—conducted by the relevant Turkish ministries or professional boards—can take several months. Applicants often face long waiting periods during which they are legally unable to commence work.
3. Facts of the Case
A foreign engineer, holding a degree from a non-EU university, applied for a work permit to join an Istanbul-based consultancy firm under the “professional services” category. After submitting the standard dossier (passport copy, employment contract, diploma equivalency application, etc.), the Ministry granted a preliminary permit for only three months. The applicant challenged the duration, arguing that Article 16 of Law No. 4817 allows up to a full year of pre-approval where the evaluation process is ongoing.
4. Legal Issue
Does Law No. 4817 permit issuance of a preliminary (pre‐approval) work permit for up to one year, to cover the time required for academic and professional credential assessments?
5. Court’s Reasoning
- Textual Interpretation:
- Article 16(2) of Law 4817 states that “in cases where the evaluation of academic and professional qualifications of the foreign national is not completed at the time of application, a preliminary permit may be granted, not exceeding one year.”
- Purpose of the Provision:
- The provision aims to avoid “permit-gap” periods during which skilled professionals would otherwise be forced to cease work while awaiting credential recognition, thereby encouraging qualified foreigners to contribute to the Turkish economy.
- Proportionality and Administrative Practice:
- The Council noted that limiting preliminary permits to only three months—when official equivalency processes routinely exceed six months—would frustrate the law’s remedial purpose and create undue hardship for employers and applicants alike.
Based on these principles, the Chamber held that:
“Granting a preliminary permit for the minimum period necessary—up to twelve months—is fully consistent with both the letter and spirit of Law No. 4817.”
6. Decision
The Council of State annulled the Ministry’s decision insofar as it limited the preliminary permit to three months, and remanded the case with instructions to issue a new preliminary permit valid for the remainder of the one-year maximum period from the original permit date.
7. Practical Implications for Foreign Nationals
- Longer Pre-approval Periods: Applicants can now expect up to 12 months of preliminary legal authorization to work while their diplomas and professional credentials are evaluated.
- Employer Planning: Turkish companies hiring non-EU professionals may better forecast staffing and budgeting, knowing the maximum pre-approval window.
- Application Strategy: Lawyers and HR departments should explicitly request the full one-year preliminary permit in the initial Ministry application and, if necessary, cite this decision on appeal.
8. How to Invoke This Decision in Your Application
- Reference the Case Law: In your cover letter, quote E.2021/4351, K.2023/8211 and Law 4817 Art. 16(2).
- Submit Credential Dossiers Promptly: Ensure all diploma equivalency requests are filed immediately to minimize total processing time.
- Monitor Ministry Response: If grant period is under 12 months, file an administrative appeal to the Ministry’s Appeals Board within one month, citing the Council of State ruling.
9. Conclusion
This landmark ruling strengthens procedural protections for foreign professionals in Turkey, aligning administrative practice with legislative intent. By guaranteeing up to one year of preliminary work authorization, Turkey signals its commitment to attracting and retaining skilled international talent.