Association law: what it gives Turkish citizens

Decision 1/80, the standstill clauses, the residence permit under § 4 AufenthG – and what the association law does not do.

Turkish citizens have a special position in German residence law because of the association agreement between the EEC and Türkiye of 1963, its Additional Protocol of 1970 and Decision No. 1/80 of the Association Council (ARB 1/80). This page explains the general rules. Whether they apply to you depends on your exact history and can only be assessed in individual advice.

Rights from work (Art. 6 ARB 1/80)

A Turkish worker who belongs to the regular labour market in an EU country gains rights step by step:

These rights arise only after legal work in Germany. They do not give a right to first entry.

Rights of family members (Art. 7 ARB 1/80)

• Family members who were allowed to join a Turkish worker gain access to the labour market after 3 years of legal residence (subject to priority) and free access after 5 years.
• Children who completed vocational training in Germany can take up jobs there if a parent has worked legally for at least 3 years.

Standstill clauses

Art. 13 ARB 1/80 (workers and their families) and Art. 41 (1) of the Additional Protocol (self-employed people and service providers) forbid the EU states to introduce new restrictions after these rules took effect. In Dogan (C-138/13, 2014) the Court held that Germany's German-language requirement for spouses breached the standstill clause for the spouse of a Turkish self-employed person. German law (§ 30 (1) AufenthG) still asks spouses for simple German (A1) but lists exceptions, including cases where it is impossible or unreasonable in the individual case. Which exception fits a particular family is a question for individual advice. For self-employed people and service providers the case law is more complex (for example Soysal, C-228/06).

In Berlin: what it means in practice

• Residence permit as proof. Someone with a right of residence under the association agreement needs no residence title, but must prove the right with a residence permit, issued on application, unless they hold a settlement permit or EU long-term residence (§ 4 (2) AufenthG).
• Lower fees. For people entitled under the association law, many residence permits cost no more than a German identity card (§ 52a AufenthV). LEA Berlin charges Turkish citizens €46, or €27.60 for young people. Some acts are free (§ 52a (3)), others cost €8 (§ 52a (2)). The age limit follows the identity-card rule (under 24); the LEA page says under 25.
• Protection against expulsion. They may only be expelled if their personal conduct is a present, serious threat to a fundamental interest of society and expulsion is indispensable to protect that interest (§ 53 (3) AufenthG).