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Residence rights for Turks
All information on residence and work permits for Turkish citizens in Germany.
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when Turkish blue-collar workers receive a work permit can obtain
what conditions apply to a work permit for Turks (ARB 1/80)
what the Turkish agreement for contract workers is
What special features apply to naturalization for Turks?
1. Turkish workers in Germany
2. Family reunification according to ARB 1/80
3. Standstill clause ARB 1/80
4. Turkish Contract Workers Agreement (Blue Collar)
5. Naturalization of Turkish nationals (guest worker generation)
6. FAQ Visa Law for Turkish Citizens
7. Conclusion on visa law for Turkish nationals
1. Turkish workers in Germany / Blue collar workers from Türkiye
Approximately 3.2 million people of Turkish origin currently live in Germany. Despite this, about half of the Turks living in Germany are not naturalized citizens. Visa and residence permits are therefore of particular importance to Turkish nationals living in Germany. 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 to military matters but also, and especially, to economic issues. Due to the close political and economic ties between European countries and Turkey, numerous international agreements exist to facilitate economic cooperation. This applies not only to the movement of goods and capital but also to labor migration . The most important agreement between Germany and Turkey regarding labor migration is Decision No. 1/80 of the EEC/Turkey Association Council on the development of the Association of 19 September 1980 (ARB 1/80) , which grants Turkish workers the right to reside in Germany regardless of their qualifications.
The Association Agreement 1/80 guarantees various residence and work rights for Turks in Germany. While the wording of the Association Agreement 1/80 actually stipulates only that Turkish workers in Germany have a right to renew their work permits (Article 6, paragraph 1, first indent of the Association Agreement 1/80), it is generally accepted that a right of residence also follows for Turks from their right to work in Germany, since working without residing in Germany is logically impossible. At the same time, however, the Association Agreement does not grant a right of entry or a visa . Therefore, the Association Agreement 1/80 only applies to Turkish workers who are already residing in Germany.
To obtain a work permit under ARB 1/80, the applicant must first qualify as an employee within the meaning of ARB 1/80 . This requires that they perform work for an employer, are subject to the employer's instructions, and receive remuneration for it. Crucially, the work must not be merely temporary but constitute regular employment . This includes, in particular, fixed working hours , a fixed salary, entitlement to vacation , and continued payment of wages in the event of illness.
Another key criterion is the length of employment . To obtain a work permit, a Turkish worker must have been legally employed in Germany for at least one year . Minijobs can also be counted as employment, while periods of self-employment are not. The rights of Turkish workers in Germany expand with increasing length of employment. After one year of lawful employment, they are entitled to an extension of their work permit with the same employer. After three years, Turkish workers may work in the same occupational field, but also with a different employer. After four years, all occupational restrictions are lifted: they may 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 precisely meet the formal requirements to obtain a legally valid work permit under ARB 1/80.
2. Family reunification according to ARB 1/80
The Association Agreement 1/80 grants special rights in Germany not only to Turkish workers but also to their family members . In particular, these family members also have a right of residence and employment if they have been lawfully resident in Germany with the worker for at least three to five years (Article 7 of Association 1/80). To acquire residence and employment rights under Association 1/80 as a family member of a Turkish worker, they must first be eligible for family reunification. The agreement does not specify exactly who constitutes a family member under Association 1/80; therefore, Article 10 of Regulation (EC) No 1612/68 must be consulted 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.
3. 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 worsened . According to Article 7 of ARB 2/76, no new restrictions may be imposed on Turkish citizens in Germany (see also Article 13 of ARB 1/80). Accordingly, Turkish workers may not have abstract, formal benefits withdrawn (e.g., through administrative regulations, decrees, and administrative practices). This does not apply only if compelling reasons of public interest necessitate a breach of the standstill clause. However, such measures must be well-justified and require an individual assessment.
4. Turkish Contract Workers Agreement (Blue Collar)
Another special provision applies to the residency rights of Turkish companies and employers with branches in both Germany and Turkey (groups of companies). The agreement between the government of the Federal Republic of Germany and the government of the Republic of Turkey on the employment of workers from Turkish companies for the execution of contracts for work and services stipulates that Turkish workers can be granted a residence permit for a temporary posting (Article 1, Paragraph 1 of the agreement; see also the ICT Card ). The work permit is issued for a specific professional activity to execute a specific contract for work and services. In justified exceptional cases, the work permit may be issued for multiple contracts for work and services. These regulations can represent a significant simplification, as, unlike other skilled worker immigration laws , no or only minimal qualifications are required for the issuance of the work permit. This makes the Turkish contract worker agreement particularly attractive for employers, especially in the construction and civil engineering sectors (blue-collar workers).
The work permit is issued for the anticipated duration of the work required to fulfill the contract. The maximum duration of the work permit is generally two years . If it is clear from the outset that the execution of the contract will take longer than two years, the work permit will be issued for a maximum of three years. After completion of a project, a new work permit may be issued upon application for the execution of another contract, within the permitted maximum duration of two years. Individual employees with managerial or administrative responsibilities (e.g., foremen) are granted a work permit for a maximum duration of four years.
5. Naturalization of Turkish nationals (guest worker generation)
Another special provision for Turkish citizens applies to the so-called " guest worker generation ." This generation comprises those who entered the Federal Republic of Germany as workers between 1955 and 1974 based on government recruitment agreements—as well as contract workers who came to the former GDR until 1990. Many of these individuals made significant contributions to Germany's economic development through their work, often under difficult conditions. To recognize this achievement , current citizenship law provides for special facilitations in the naturalization process . Anyone who entered Germany based on such an agreement or who joined a spouse within three years is considered part of this guest worker generation and can be naturalized under simplified conditions.
The core of these facilitations is the waiver of the requirement to provide proof of subsistence if the receipt of benefits is not the applicant's own fault. This means that if an applicant for naturalization receives benefits under the German Social Code, Book II (SGB II) or Book XII (SGB XII) due to health, work-related, or economic circumstances, and has made a genuine effort to find employment, this does not, in principle, preclude naturalization. The historical context is crucial: Many members of the guest worker generation worked in Germany for decades without ever having the opportunity for guaranteed naturalization. With the current regulations, the legislature acknowledges this commitment and creates a realistic chance of subsequently acquiring German citizenship.
6. FAQ Blue Collar Workers Türkiye
What is ARB 1/80 and what rights does it grant to Turkish workers?
Decision ARB 1/80 is a 1980 resolution of the EEC-Turkey Association Council. It grants Turkish workers a right of residence and a work permit in Germany after one year of legal employment – even without a formal qualification. These rights are gradually extended with the duration of employment.
Do I, as a Turkish worker, need to apply for a residence permit?
Yes, Turkish workers also need to apply for a residence permit. Although this permit is merely declaratory, they are still required to have a corresponding title (see Section 4 Paragraph 2 of the German Residence Act).
Does ARB 1/80 count as an unlimited right of residence within the meaning of the naturalization regulations?
Yes, ARB 1/80 can, under certain circumstances, be considered a permanent right of residence. Naturalization for Turkish nationals based on ARB 1/80 is therefore possible.
As a Turkish citizen with ARB 1/80, am I allowed to study while on a work assignment?
Yes, studying and working concurrently is possible in order to acquire the rights under ARB 1/80.
Can the right to work and reside for Turkish workers (ARB 1/80) expire?
Yes, the rights under ARB 1/80 expire if the federal territory is left or if the Turkish worker violates public safety and order (Art. 14 ARB 1/80).
What is the hierarchy of norms in Germany with regard to ARB 1/80?
Because ARB 1/80 is based on an international treaty, it overrides the national laws of Germany (international law takes precedence over national law).
7. Conclusion: Blue Collar Workers in Türkiye
The special residence and employment regulations for Turkish nationals clearly demonstrate the strong historical development of migration policy cooperation between Germany and Turkey. With the ARB 1/80 (Reference Agreement No. 1/80), a complex yet generous system of protection exists, offering Turkish workers and their families a reliable future in Germany. In addition, the Agreement on Contract Workers facilitates the temporary posting of Turkish employees for specific projects, particularly in the construction and industrial sectors, thereby creating further avenues for legal employment. However, the appreciation shown towards Turkish migrants is most evident in the naturalization facilitations for the guest worker generation. These measures recognize the enormous economic and social contributions of these individuals and, in many cases for the first time, provide them with realistic access to German citizenship, even if their livelihood is not fully secured. Overall, it is clear that residence and citizenship law offers Turkish nationals a broad spectrum of rights, reflecting both historical responsibility and the close ties that continue to this day between Germany and Turkey.
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Further Information
List of Sources (Paywall)
[1] NK-AuslR/Hofmann/Oberhäuser Association Law EU-Türkiye
[2] NK-AuslR/Hofmann/Cziersky-Reis Art. 41 of the Additional Protocol to the Agreement of 12 September 1963
[3] Regarding the requirement for Turkish nationals to provide a language certificate when applying for a permanent residence permit, see BVerwG, judgment of 28 April 2015 - 1 C 21.14
[4] For the application of ARB 1/80 to au pairs and students, see ECJ, Judgment of 24 January 2008, Case C-294/06
[5] Regarding the necessary scope of activity for the application of ARB 1/80, see Bremen Administrative Court, judgment of 26 March 2012, case no. 4 K 1487/10
[6] Visa Handbook, Turkish Nationals (provision of services), 68th Supplement, as of 07/2018
[7] European Establishment Convention of 13 December 1955, Federal Law Gazette 1959 II, 997