Private international law · Legal information

What Is Read in a Claim of Employing a Foreigner Who Has an Entry Ban?

Author · Av. Ayşenur Konar, Avukat

Published ·

In short

The employer reads the employment claim written to him from the act line, and the foreigner's entry ban, if there is one, from the operative line of the decision. The two papers may not be the same writing. If one is not in hand, the other does not complete it. The route of employing is not in this text. A work-permit refusal writing is not copied. It is not said that the claim will be accepted or will fall.

The act line of the claim

In the writing that came to the employer, the addressee line and the act line stand separately. If the act line carries an employment claim, the reading is in that sentence. If the line speaks of another act, the claim is not completed as employing. The employee's name is on the identity line of the writing. If there is no name, the identity is not added to the writing from the employer's guess.

The workplace's trade name is on a separate line. The trade name is read from the writing, not from the signboard. If the signboard and the writing conflict, the line in the writing is taken as the basis. The service record shows whether the claim reached the employer. If there is no record, the claim is not built from the moment the employee is said to have been seen at the workplace. If there is a writing that went out to the lawyer, the lawyer line is read separately from the employer's line.

If more than one employee is listed, each name stays on its own line. One name on the list does not carry the ban decision of another name on the list. If the act line is tied to an address, the address is read as the location of that claim. The address is not completed from the formation papers of another workplace. If the trade name on the signboard and the trade name in the writing conflict, the line in the writing is taken as the basis. The employment contract does not stand in for the act line. Employment being written in the contract does not confirm the claim of itself, or make it fall. If the contract is not in the writing, this page does not build a result as if a contract existed. If a copy of the employment-start notification is in hand, the copy does not stand in for the act line. If there is no reference to the ban decision in the copy, the reference is not added from this page. If there is no copy, the absence is not a result that the person was not employed, or was employed. The days on the timesheet are not read as the days on which the claim was accepted. If the days are not counted in the writing, the list is not carried here.

The operative line of the entry-ban decision

The foreigner's entry-ban decision may not be the same leaf as the claim written to the employer. If the operative line of the decision says the ban, this sentence is in the decision's own text. The decision may have been served on the foreigner, and the claim written to the employer. The addressee line of each is read separately.

If the decision is not in hand, the ban is not produced from the employer's writing. If the employer's writing is not in hand, the employment claim is not built from the operative line of the ban. If another person's name is on the decision, that name is not joined of itself with the employee in the employer's writing. If the operative line says not the ban but another act, the line is not renamed as an entry ban.

The service record of the decision is not the service record of the claim. If there are two records, each is tied to its own paper. If one of the records is not there, the one that is absent is not completed from the other's date. Oral news of a ban does not stand in for the operative line of the decision text. If there is a code or a short mark on the decision, the mark is not read in the place of the operative line. This page does not decode a code, and it does not write a code list. If the operative sentence does not say the ban expressly, the sentence is not completed as a ban. An entry stamp in the passport is not the decision text either. The stamp does not announce on this page that the ban was lifted, or that it continues. If the decision carries a period line, the period is on that line and is not written as a day on this page. If there is no line, the period is not built from the date in the employer's writing, or from the end of the card. If the decision has a reasoning paragraph, the reasoning is in that paragraph. If there is no paragraph, the reasoning is not completed from an oral account at the border. Whether the reasoning is sufficient is not said in this text.

The two papers stand together

If there are two documents, the names are put side by side. If the same person is not written, the documents are not treated as each other's continuation. If the dates are different, one is not pulled to the other's date. The trade-name line and the addressee line of the decision are not the same sentence. The employer reads the act in his own writing. The result in the decision belonging to the foreigner stays inside that decision.

An objection to a deportation decision is a separate reading that looks at the foreigner's own decision. That reading does not change the act line of the claim written to the employer. The sentences of the objection petition are not carried onto this page. The deportation decision and the entry-ban decision may not be the same leaf. Whichever is in hand, its operative line is read. The one that is not in hand is not produced from the other's sentence. The person being in the country does not erase the entry-ban decision. The presence does not build the employment claim either. An oral account that he was seen at the workplace is not put in the place of the claim if there is no service record.

A residence card does not erase the line of the ban

A residence card, or an extension writing, does not erase the operative line of the entry-ban decision. The card being in hand does not mean there is no ban. If there is no card, the absence does not produce a ban from the employer's writing. A residence permit not being extended is a separate notice. The reasoning of the non-extension is copied neither to the act line nor to the operative line of the ban. The acceptance of an extension is not treated as having lifted the ban either, if the acceptance text does not write that the ban was lifted.

The end day on the card is not the period of the ban. The period, if it is in the ban decision, is on the line of that decision and is not carried as a day onto this page. If there is no period line in the decision, the period is not written from the date of the card. If the addressees of the two documents are different, the card is not taken for the employer's claim writing. If a work-permit document is in hand, the document erases neither the operative line of the ban nor the act line. A permit appearing in the document does not mean the claim fell. If there is no document, the absence does not produce a refusal writing. If the refusal writing and the permit document stand in the same folder, each is read from its own heading. The end day of the document is not read as the end of the ban. If the passport belonging to the foreigner and the employer's writing stand in the same folder, the passport is not the act line of the claim. If the name in the passport is not the same as the name in the writing, the documents are not joined. Even if it is the same, the passport is not read as a document that opens the route of employing. This text does not recount how a person who has a ban is employed. The reading ends on the line of the two papers in hand. If the employer's writing counts more than one workplace, each workplace stays on its own line. If the ban decision belongs to a single person, that decision does not stick of itself to the other names on the list. If the other name has no decision of its own, the ban is not produced from this page. If there is a decision, the decision does not change the act sentence of the employment claim either. The two results stand side by side. One is not the other's writing of acceptance or refusal.

There is no refusal writing and no route of employing

A refusal of a work permit is a separate writing in which the application was refused. The reasoning of the refusal is not copied into this text. The entry-ban decision is not read as the continuation of the refusal writing. If the refusal writing is in hand, it is read from its own heading. If it is not in hand, a refusal result is not drawn from the employer's employment claim.

The route of employing is not in this text. The order of keeping the person at the workplace, of not showing him in the record, or of employing him under another trade name, is not recounted. It is not promised that the claim will be accepted or will fall. A penalty amount is not written either. If the figure is on the writing's own line that was served, it stays there. If there is no line, a figure is not produced. A wage payroll does not change the result of the claim. The figure on the payroll is not taken onto this page. An image taken at the workplace is not the act line of the writing that was served. If there is a person in the image, the person is compared with the identity line in the writing. If there is no name in the writing, the face in the image is not written as a name. The image does not build the operative line of the entry-ban decision either. If the decision is not in hand, the image does not produce a ban. The date of the image is not read as the day of the claim. If the day is on the writing's own line, it stays there. This page does not recount how the image is obtained or kept.

Conclusion

The employer reads the act line in his own writing. If the foreigner has an entry-ban decision, the operative line is put beside it. If one is not there, the other does not complete it. A residence card does not erase the ban. The route of employing and the refusal writing are not on this page. The name of the frame of the entry ban is the text of the Law on Foreigners and International Protection numbered 6458. The work-permit refusal writing is a separate paper named with the International Labour Force Law numbered 6735. The general frame is on the international law page. The two writings can be read side by side through the contact route.

Legislation

Frequently asked questions

How are the two papers read side by side?

The act line in the employer's writing and the operative line in the foreigner's entry-ban decision are kept separate. If the names are not the same, the documents are not treated as each other's continuation. If the dates are different, one is not pulled to the other's date.

Is the entry-ban decision written to the employer?

It is read from the addressee line. The decision may have gone out to the foreigner, and the claim to the employer. One does not change the other's addressee. The service record of the decision is not the service record of the claim.

Is the route of employing in this article?

No. The route of employing is not in this text. The place that is read is the claim that was served and the ban decision in hand. The person being in the country does not erase the ban decision, and it does not recount employing.

Is a refusal of a work permit copied?

No. The refusal writing is a separate paper. Its reasoning is not carried into this text. The entry-ban decision is not read as the continuation of the refusal writing. If the refusal writing is not in hand, a refusal result is not drawn from the claim.

If the decision is not in hand, is a ban assumed to exist?

No. An entry ban is not produced from the employer's writing. The employment claim is not built from the line of the ban either. Oral news of a ban does not stand in for the operative line of the decision text.

Is the result of the claim said on this page?

It is not said. It is not promised that the claim will be accepted or will fall. A penalty amount is not written either. The result is read from the lines of the papers in hand. A residence card does not erase the line of the ban.

Related reading

This article sits under one practice area. The neighbouring guides carry the detail that does not belong in this text.

Practice areas · Private international law

Sources

AK

Author

Av. Ayşenur Konar

Lawyer on the Ankara Bar Association roll, founder of Konar Hukuk. This text is general information; a specific file is reviewed separately. Author profile · Editorial policy

A consultation

We can look at the matter with you. The path depends on the documents. This is not a promise about the result.

Call