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Right of residence under the EEC-Türkiye Association Agreement - Rights for Turkish nationals

Expert article on residence law

Right of residence under the EEC-Türkiye Association Agreement: Rights for Turkish nationals

Turkish nationals covered by the Association Agreement between the EEC and Turkey enjoy special residence privileges within the European Union. Under certain conditions, they have the right to take up employment and remain in an EU member state. Family members can also benefit from these special regulations – particularly with regard to residence rights and family reunification. The agreement is part of the close economic cooperation between Turkey and the European Community and forms a basis for the customs union in the economic sphere.

Our immigration law firm provides comprehensive advice on your rights in Germany under the Association Agreement – ARB 1/80 – and supports you with applications, procedures, and dealings with the immigration authorities. The regulations of the ARB and individual articles of the Association Agreement are particularly relevant in this regard.

Special rights for Turkish nationals: The EEC-Turkey Association Agreement

Since 1963, the Association Agreement between Turkey and the then EEC (now EU) has regulated the gradual access of Turkish nationals to the European labor market.
The aim of the agreement is the gradual rapprochement in the economic sphere and the free employment of Turkish workers in the European member states.
The Association Council monitors implementation and makes binding decisions. Of particular importance are the rights of residence and employment for workers and their families in the EU.

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Association Council decisions: Binding EU law with direct effect

According to the case law of the European Court of Justice (ECJ), the decisions of the Association Council under the EEC-Türkiye Agreement are an integral part of EU law.
They have direct effect – even without national implementation. For Turkish citizens, this means they can directly invoke these regulations, particularly in terms of residence and employment law.

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Right of residence for Turkish nationals under the EEC-Türkiye Association Agreement

According to the Association Agreement, Turkish citizens have the right to take up employment in EU member states—along with an automatic right of residence. This results in special residence regulations for workers and their family members.

Upon entry, the general provisions of German residence law for third-country nationals initially apply.

A visa is first required to enter Germany.
If employment is then taken up within Germany and the requirements under association law are met, a right of residence is automatically granted.
In this case, the residence permit requirement is waived.
Although a residence permit must still be applied for, it is purely declaratory – the immigration authorities only check whether the right of association exists.

Important: This exemption does not apply to first-time entry for the purpose of employment. In this case, Turkish nationals must meet the regular entry requirements for third-country nationals.

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Labour law privileges for Turkish nationals under the EEC-Türkiye Association Agreement

The Association Council decisions grant Turkish workers gradual access to the EU labor market. This is based in particular on Article 6 of Decision 1/80 of the Association Council, which regulates the development of employment rights in stages. Their rights expand depending on the duration of lawful employment.

after 1 year: right to continue to be employed by the same employer in the same job,
after 3 years: right to work for another employer in the same job,
after 4 years: right to freely apply for employment and to take up any activity.

Important: Once one of these levels is reached, the acquired rights remain in effect even if the employment relationship is temporarily interrupted.

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Access to the labor market for family members of Turkish workers

Family members of Turkish workers entitled to association who have received a residence permit as part of family reunification acquire an independent right of access to the labor market after three or five years.
Special feature for children: If children of Turkish workers in Germany have successfully completed vocational training, they are granted unrestricted access to the German labor market, regardless of the length of their stay.

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Standstill clauses in association law: protection against deterioration

The association agreement contains so-called standstill clauses. These standstill clauses are structured as separate articles within the agreement and are binding on all member states. They oblige EU member states not to introduce any subsequent restrictions on the freedom of establishment, the freedom to provide services, and the access of Turkish nationals to the labor market.

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Permanent residence for Turkish nationals under the Association Law

The right of residence under the EEC-Türkiye Association Agreement corresponds to a right of permanent residence. This right reflects the long-term commitment of Turkish workers to the European economy and labor market.

Eligible Turkish citizens are entitled to have this right officially certified.
In addition, it is possible to apply for a “permanent EU residence permit” or a settlement permit under the Residence Act at any time and thus obtain a national residence permit.
This is particularly important for employees of retirement age or those who are unable to work, as the right of residence under association law may be lost under certain circumstances.

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