Turkey

Association Agreement between the European Union and Turkey

_{Last update: 18 September 2024}

For Turkish nationals and their family members who come to live or work in the Netherlands, sometimes different and more favorable rules apply compared to regular migrants from outside the EU. This is because of the Association Agreement between the EU and Turkey (sometimes referred to as the Association Treaty).

This Association Agreement applies to Turkish citizens and their (Turkish or non-Turkish) family members. Family members include:

• Married or registered partners: partners of Turkish citizens working in the Netherlands, Turkish partners of Dutch citizens or Turkish partners of non-Dutch with a Dutch residence permit.
• Children and grandchildren under the age of 21 with the Turkish nationality, or the married/registered partner, regardless of nationality. If the child is financially dependent on on the working person in the Netherlands, the age limit does not apply.
• Financially dependent parents or grandparents with the Turkish nationality or the married/registered partner, regardless of nationality .

Working in the Netherlands

There are various possibilities to obtain a work permit (TWV) in the Netherlands. The options are described in detail in these articles:

• Introduction: Starting a business in the Netherlands
• Introduction: Working in the Netherlands

However, for Turkish nationals and their family members different, often more favorable rules apply for certain categories of employment.

Entrepreneurs

Turkish nationals who want to start a business in the Netherlands do not have to comply with the point-based system. However, they must, similar to applications that do have to meet the standards of the point-based system, sufficiently substantiate the application with – among other things – a sound business- and financial plan.

The RVO (Dutch Enterprise Agency) reviews the documents, which should demonstrate that the enterprise:

• has a viable chance of success
• can compete in the free market
• fulfils a need in the Netherlands
• contributes to the Dutch economy – it should not impact negatively on the free market or job market

Highly skilled migrants

Turkish nationals who wish to take up employment as highly skilled migrants, do not need a so-called recognized sponsor. Both the employer and the employee can file the application for this residence permit. The employer must be financially stable. Additionally, the employee’s salary must meet the highly skilled
migrant standard and be considered in line with the market.

An application filed by an employer with recognized sponsor status will be processed quicker.

Regular employment

Turkish citizens and their family members who work for a Dutch employer with a valid residence permit can continue to work for this employer after one year without needing to apply for a work permit. This means that they can, if desired, apply for a residence permit for “regular” paid employment.

After three years of employment with the same employer, a work permit is not required anymore: they are ‘free on the labor market’. No work permit is then required to work in the Netherlands. Furthermore, the employee is free to work for other employers. A residence permit is still required to continue
living in the Netherlands though.

Coming to the Netherlands as a family member

Family members coming to the Netherlands as the partner of a Turkish national benefit from a few exceptions compared to regular family reunification rules:

• The minimum age for married and registered partners is 18, instead of 21. For unmarried partners, the regular minimum age of 21 applies.
• A reduced government filing fee (this is also the case with other applications on the grounds of the Association Agreement).

After three years of legal stay in the Netherlands for family purposes, family members are eligible for a residence permit for continued residency. This permit is not tied to a specific purpose of stay. Thus, you do not need a work permit to work in the Netherlands, nor is there any specific income requirement.

The spouse or registered partner of a Turkish employee with a residence permit for a non-temporary purpose may be eligible for a search (orientation) year
residence permit to seek and perform work after the termination of the marriage or registered partnership. This is the case even if they have not lived in the Netherlands for three years yet. The marriage or registered partnership must have lasted at least three years, of which the partners must have resided in the Netherlands for at least the past year. If they find a job during the orientation year, the ex-spouse or ex-registered partner becomes eligible for continued residency.

Civic integration requirement

Since 1st of January 2022, Turkish newcomers are no longer exempt from the basic civic integration exam abroad. This means that if a Turkish employee wants to bring a family member to the Netherlands, the family member must first pass the basic civic integration exam abroad.

This obligation only applies to those coming to the Netherlands for (a stay with a family member who holds a permit for) a non-temporary purpose according to the Civic Integration Act. Therefore, it does not apply to those coming for (a stay with a family member who holds) a residence permit for paid employment, as a highly skilled migrant, or as a self-employed person.

Stronger residence right integration requirement

From 1st of January 2025, the exemption from the civic integration requirement for a stronger residence right will also be abolished for Turkish workers and their family members. When they apply for a permanent residence permit after this date, they will need to have obtained the civic integration diploma. A transitional period applies until 2025. For more information, please refer to our news article.

The Association Agreement and related legal instruments contain a complex set of rules and conditions. It is therefore important to get proper legal advice regarding your situation.

For more information, please contact us.

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