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Turkish employees and the Ankara Agreement: free on the labour market after three years
Turkish citizens can in certain circumstances claim additional rights based the EU-Turkey Association Agreement (“Ankara Agreement”) when they have a residence permit in the Netherlands.
For instance, up until now it has been clear that Turkish citizens can gain free access to the labour market once they have worked for the same employer for an uninterrupted period of 3 years. In order for the employee to confirm that they have obtained free access to the labour market, they can file an application for a residence permit for general employment (“arbeid in loondienst”). This enables them to continue their residence in the Netherlands as long as they have any employment with which they earn at least half a Dutch minimum wage. In addition, they are allowed to voluntarily resign from their job to look for other employment for a period up to 6 months.
In recent developments, the IND has confirmed that this right to free access to the labour market does not only apply to Turkish employees who have worked for the same employer for 3 years, but also to any Turkish citizen who has held a residence permit for at least 3 years with which they are allowed them to work. Even if they in fact have not (always) worked, they can apply for this residence permit.
This is a significant advantage for Turkish citizens who wish to continue their residence in the Netherlands under the favourable conditions of the Ankara Agreement.
Want to know more?The Ankara Agreement can bring certain advantages that you might not know about. Feel free to contact our Turkey Desk in case of any questions: turkeydesk@kroesadvocaten.nl