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The benefits of the EU-Turkey Association Agreement
Thanks to the EU-Turkey Association Treaty, in certain cases there are more favourable rules for Turkish citizens and their family members living and working in the Netherlands. Some benefits of the Association Treaty for Turkish citizens and their family members in the Netherlands are explained below.
No recognised sponsor for highly skilled migrants
The highly skilled migrant permit requires the employee to start working at a company that is recognised as a sponsor by the IND. However, this is not required when the employee holds Turkish nationality. This means that the employee can obtain this permit by working at any company, as long as the income requirement is being met. Both the employee or the employer can submit the application for the residence permit with the IND.
Free access to the labour market after 3 years
If you are a Turkish employee working for the same employer in the Netherlands for 3 years, you are entitled to free access to the labour market. This means that you no longer need a work permit. In addition, you can change your residence permit to a residence permit for general employment. This can be advantageous if, for example, you have a residence permit as a highly skilled migrant. This is because with the residence permit for general employment, you no longer have to meet the strict income requirements of the highly skilled migrant permit.
Independent right of residence for family members
Spouses or registered partners of Turkish workers, regardless of their nationality, are entitled to an independent and autonomous residence permit after 3 years of residence in the Netherlands. This means that their right of residence is no longer subject to any conditions. For example, they can continue their residence in the Netherlands even after the relationship with their partner has ended.
Looking for a job
Turkish employees who have already worked in the Netherlands for the same employer for 3 years have the right to voluntarily quit their job to look for other work. They can look for work for at least 6 months without losing their right of residence.
No retroactive revocation
In some cases, the IND revokes a residence permit. This can have several reasons. Usually, the reason is that the condition(s) of a residence permit are no longer met. For example, if an employee no longer earns sufficient income. In the case of migrants who do not have Turkish nationality, the IND can in such cases revoke the residence permit retroactively. This means that the IND decides that the permit is no longer valid from a specific date in the past.
If it concerns a Turkish employee who has been working for the same employer for more than 1 year, the IND cannot withdraw a residence permit retroactively. An exception to this rule is if the residence permit was obtained on the basis of fraud or abuse.
Permanent residence permit
Turkish employees and their family members are currently still exempt from the condition that they must obtain the integration diploma before being eligible for a permanent residence permit.
However, if they wish to apply for Dutch nationality, then they are required to obtain the integration diploma.
Need help?
You may be entitled to certain benefits offered by the Association Agreement. For more information, please contact us via our website.