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Right of Residence for Turks

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All information on residence and work permits for Turkish citizens in Germany

Here you learn ...

  • when Turkish citizens can obtain a work permit

  • what requirements a work permit for Turks has

  • what rights Turkish workers have in Germany

  • what the “standstill clause” is according to ARB 1/80

Author

Lawyer

Reading Time

7 Min.

Release Date

27.01.2025

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Table of Content

1. Work permit for Turks in Germany


2. Requirements for work permit for Turkish citizens


3. Rights of Turkish workers in Germany


4. Family members of Turkish workers (Art. 7 ARB 1/80)


5. Standstill Clause ARB 1/80


6. Other visa options for Turkish citizens


7. FAQ on labor migration of Turks and ARB 1/80

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There are currently around 3.2 million people from Turkey living in Germany. This means that every 25th person in Germany has a Turkish family history. Despite this, around half of the Turks living in Germany are not naturalized. The visa and residence law is therefore of particular importance for Turkish citizens living in Germany, as Turkish citizens often make use of the residence options for decades.

Turkey has always been one of the most important political cooperation partners of the European Economic Area and the European Union. This applies not only in military terms, but above all in relation to economic issues. Due to the close political and economic ties between European countries and Turkey, there are numerous international agreements designed to facilitate economic cooperation. This applies not only to the movement of goods and capital, but also in the area of labor migration. The most important agreement between Germany and Turkey for labor migration is Decision No. 1/80 of the EEC/Turkey Association Council on the development of the association of September 19, 1980 (ARB 1/80) , which allows Turkish workers to stay regardless of their qualifications.

1. Work permit for Turks in Germany

The ARB 1/80 guarantees various residence and work rights for Turks in Germany. Actually, the wording of the ARB 1/80 only stipulates that Turkish workers in Germany are entitled to renew their work permit (Article 6 Paragraph 1, 1st bullet point ARB 1/80). However, the prevailing opinion is that employment law in Germany also entails a right of residence for Turks, since working without residence in Germany is logically impossible. In this respect, the ARB 1/80 also provides a right of residence. At the same time, however, the ARB does not entail a right of entry/visa . The ARB 1/80 therefore only applies to Turkish workers who are already in Germany.

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2. Requirements for work permit for Turkish citizens

In order to obtain a work permit under ARB 1/80, the applicant must first be considered an employee within the meaning of ARB 1/80 . This requires that he or she performs work for an employer, is subject to his or her instructions and receives remuneration for this. The decisive factor is that the work is not just temporary, but represents regular employment . This includes, in particular, fixed working hours, fixed remuneration, holiday entitlement and continued payment of wages in the event of illness.

Another key criterion is the length of employment . In order to receive a work permit, the Turkish worker must have been legally employed in Germany for at least one year . Mini-jobs can also be counted as employment, while periods of self-employment are not taken into account. Certain periods of absence, such as unemployment through no fault of one's own or periods of illness, do not interrupt the period of employment, but are not counted either. Annual leave, maternity protection, accidents at work and short periods of illness, on the other hand, are included in the calculation.

3. Rights of Turkish workers in Germany

The longer the duration of employment, the more rights Turkish workers have in Germany. After one year of regular employment, they are entitled to an extension of their work permit with the same employer. After three years, Turkish workers are allowed to work in the same professional field, but also for a different employer. After four years, there are no longer any professional restrictions: they can then work in any profession and for any employer in Germany. These regulations offer Turkish workers a gradual integration into the German labor market and grant them extensive employment rights. However, it is crucial to meet the formal requirements precisely in order to obtain a work permit in accordance with ARB 1/80 in a legally secure manner.

4. Family members of Turkish workers (Art. 7 ARB 1/80)

The ARB 1/80 grants special rights in Germany not only to Turkish employees, but also to their family members . In particular, these family members also have the right to reside and work if they have been legally resident in Germany with the employee for at least 3-5 years (Art. 7 ARB 1/80). In order to acquire the residence and work rights under the ARB 1/80 as a family member of a Turkish employee, the employee must first be a family member who is eligible to join the employee. The agreement does not specify who exactly is a family member within the meaning of the ARB 1/80, which is why Art. 10 of Regulation 1612/68 must be used for the definition.


Children of Turkish workers acquire an independent right of residence if they have completed vocational training and one parent has worked in Germany for at least three years.

5. Standstill Clause ARB 1/80

A special feature of the right of residence under ARB 1/80 is that the rights under the Association Agreement may not be made worse . According to Art. 7 ARB 2/76, no new restrictions may be imposed on Turks in Germany (see also Art. 13 ARB 1/80). Accordingly, Turkish workers may not be deprived of abstract, formal benefits (e.g. through administrative regulations, decrees and administrative practices). This only does not apply if compelling reasons of public interest require a violation of the standstill clause. However, such measures must be well justified and require a case-by-case examination.


6. Other visa options for Turkish citizens

If the rights described above under ARB 1/80 are not relevant for you (for example because you have not been working in Germany for a year), you can of course also make use of the usual labour migration rights . In this respect, ARB 1/80 does not block the other visa and residence options. Turks therefore also have the option of applying for the EU Blue Card or other skilled worker titles in the normal way if they meet the relevant requirements, in particular if they have a recognised qualification.

7. FAQ on labor migration of Turks and ARB 1/80

As a Turkish worker, do I have to apply for a residence permit?
Yes, Turkish workers must also apply for a residence permit. Although this is only declaratory, there is still a requirement to have a corresponding permit (see Section 4 Paragraph 2 of the Residence Act).

Does ARB 1/80 count as a permanent right of residence within the meaning of the naturalization regulations?
Yes, the ARB 1/80 may count as a permanent right of residence. Naturalization for Turkish citizens on the basis of the ARB 1/80 is therefore possible.

As a Turkish citizen with ARB 1/80, can I also study while working in Germany?
Yes, it is possible to study and work at the same time in order to acquire the rights under ARB 1/80.

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Can the right of work and residence for Turkish workers (ARB 1/80) expire?
Yes, the rights under ARB 1/80 expire if the country leaves the country or if the Turkish worker violates public safety and order (Art. 14 ARB 1/80).

Do the benefits of ARB 1/80 also apply to Turkish self-employed persons?
Yes, due to the standstill clause, Turks can benefit from the old residence rights. The granting of a permit to work independently is therefore governed by Section 2 Paragraph 1 Sentence 2 of the Aliens Act 1965.

Under what conditions can Turks become self-employed?
Turks who benefit from ARB 1/80 can pursue self-employment under the following conditions: integration into economic life, business not doomed to failure, familiarity with German living conditions (language).


Which ECJ rulings are particularly relevant with regard to the standstill clause of ARB 1/80?
Recently, there have been various rulings by the European Court of Justice (ECJ) with regard to the standstill clause of ARB 1/80. The most important ECJ rulings on ARB 1/80 are the following:


  • ECJ, judgment of 07.08.2018 - C-123/17- Yön

  • ECJ, judgment of 31.03.2017, C-652/15- Tekdemir

  • ECJ, judgment of 12.04.2016, C-561/14- Caner Genc

  • ECJ, judgment of 10.07.2014, C-138/13- Naime Dogan

  • ECJ, judgment of 07.11.2013, C-225/12- Demir

Why are Turkey and Germany/Europe so closely linked economically and politically?
After World War II, Turkey had not yet decided whether it wanted to join the Eastern or Western bloc. As a border region with the USSR and access to the Mediterranean, it was strategically important for both the Eastern and Western powers, which is why both powers strove to maintain good relations with Turkey. In this process, Turkey moved closer to both blocs, but never decided on a side and is therefore still independent today.

What is Türkiye's relationship with the EU?
Although Turkey joined the European Convention on Human Rights (ECHR) in 1949 and the North Atlantic Treaty Organization (NATO) in 1952, no further progress in integration has been made since then. Turkey has been a candidate for accession to the European Union (EU) since 1963, but actual accession negotiations only began in 2005 and have almost completely come to a standstill since 2012/2013. At the moment, only the 15 simplest of the 33 negotiating items have been finally agreed, which is why a breakthrough in the negotiations is not expected in the near future.

What is the Association Council?
The Association Council is an institution under ARB 1/80, which was tasked with the implementation and further development of the association. According to Article 22 of the Association Agreement, the Association Council can take binding decisions.

Which norm hierarchy applies in Germany with regard to ARB 1/80?
Because ARB 1/80 is based on an international treaty, it violates Germany’s national laws (international law takes precedence over national law).

Which migration-relevant international agreements exist between Germany/the EU and Turkey?
The most important bilateral agreements with Turkey are the following:


Summary of this Page

On this page you have learned which special residence rights apply to Turkish citizens in Germany. Turkish citizens can rely on the special ARB 1/80, which allows them to obtain a work permit in Germany even without recognized training. However, this only applies to Turkish citizens who are already in Germany. Family members of Turkish citizens can also rely on the ARB 1/80 under certain circumstances.

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