Understanding EU-Turkey Association Rights for Workers and Families in Germany

In Germany, the work and residence rights of Turkish nationals are often assessed primarily based on the German Residence Act (Aufenthaltsgesetz), overlooking a separate framework shaped by EU law.  

Yet, the association agreement between the European Economic Community (EEC)—now the European Union—and Turkey, especially the provisions of Association Council Decision No. 1/80, which entered into force on 1 December 1980, still carries practical relevance today, both for Turkish employees and their family members.  

Although the framework is more than four decades old, it continues to form part of EU law and can provide Turkish employees and their family members with rights that may extend beyond those available under national immigration legislation. In certain situations, it can even become decisive where residence rights under the German Residence Act are limited or no longer available. 

This blog breaks down the key rights under Decision No. 1/80, clarifies how the standstill provisions limit new restrictions and shows why these protections still matter, even if they are not always at the forefront of consideration by authorities and practitioners. 

What Is the EU-Turkey Association Law and Why Is it Important in Germany Today? 

The EU-Turkey Association Law, particularly Decision No. 1/80, can confer important rights to Turkish employees and their family members, sometimes going beyond those available under national law. 
 

Full freedom of movement for Turkish workers—comparable to that enjoyed by EU citizens—was never realised during EU–Turkey negotiations. However, with the previous adoption of Decision No. 1/80, the contracting states established a system of graduated rights for Turkish workers and their family members. 

Articles 6 and 7 of Decision No. 1/80 remain the cornerstone of association-based residence and employment rights to this day, with Article 6 governing the rights of Turkish workers and Article 7 those of their family members. 
 

As part of EU law, these provisions can have a direct effect and take precedence over conflicting national rules. While they may not be relevant in the majority of cases, they can prove decisive in individual situations—particularly where the original purpose of residence ceases to exist or where an initial residence permit under the German Residence Act can no longer be extended. 

Employment Rights for Turkish Workers in Germany Under Article 6 of Decision No. 1/80 

No Initial Entry Rights, Stronger Legal Position After Employment 

The initial entry of Turkish nationals is not governed by Article 6 Decision No. 1/80. Instead, entry continues to be regulated by national provisions under the German Residence Act, as Member States retain competence in this area.  

However, once Turkish nationals have entered the country, lawfully taken up dependent employment and become part of the regular labour market, Article 6 Decision No. 1/80 provides substantial protection. 

The system is built around the graduated rights defined in Article 6 (1) Decision No. 1/80, linked to the duration of lawful employment: 

• • • After one year of lawful employment, there is a right to renew the work permit with the same employer 

• • • After three years, a change of employer within the same occupation is permitted, subject to the priority of EU citizens 

• • • After four years, free access to any dependent employment is granted 

The case law of the Court of Justice of the European Union (CJEU) has ruled that labour market rights automatically include a right of residence. Otherwise, the rights of access to and retention in the labour market would lose their practical effectiveness (effet utile) if workers were not allowed to reside lawfully in the host Member State. 

A Broad Definition of Employees 

The definition of employee under association law is shaped by EU regulations and must be interpreted broadly. What counts is real, substantive work. It must meet three conditions that:  

• Falls under supervision 

• Is performed in exchange for compensation 

• Is not entirely subordinate or insignificant 

It is worth noting that even part-time work (as little as 10 hours a week) can count as genuine employment, regardless of low pay or social-benefit support. Therefore, students who work while studying can also qualify as employees under Article 6 of Decision No. 1/80. 

The general requirements for granting a residence permit pursuant to Section 5 German Residence Act, such as secured livelihood, do not apply to Turkish workers benefiting from association law. According to CJEU case law, these national requirements cannot be invoked to refuse a residence permit where the conditions of Article 6 Decision No. 1/80 are met, as the right of residence derives directly from association law. 

Practical Example 

A Turkish student working 20 hours per week alongside studies may obtain a right of residence under Article 6 Decision No. 1/80 after just one year of lawful employment. As a result, the existing restrictions on the scope of permitted employment for holders of a student permit (currently limited to 140 full working days per year) can already cease to apply after one year. As a further advantage, even where a student permit under the German Residence Act can no longer be extended or renewed—for example, due to discontinuation of studies—the residence status may still be secured by relying on association law and switching to a permit based on Article 6 Decision No. 1/80. 

Residence and Employment Rights of Family Members Under Article 7 of Decision No. 1/80 

Independent Right of Residence of a Lasting Nature 

Article 7 Decision No. 1/80 allows rights for family members of Turkish workers after three years of lawful residence in the federal territory. The provision applies to family members who have been authorised to join Turkish workers—such authorisation typically being granted through the issuance of a visa for the purpose of family reunification—or who were born in the host Member State. It does not grant an initial right of entry into Germany, and it is structured in stages:  

• • • After three years of lawful cohabitation with a Turkish worker, access to the labour market is granted, still subject to the priority of EU citizens 

• • • After five years, unrestricted access to the labour market is conferred 

Labour market rights also result in a right of residence. Once acquired, the right of residence under Article 7 of Decision No. 1/80 becomes independent of the continued existence of the original conditions. For example, unemployment of the principal employee after the three-year period does not affect the legal status already acquired by family members. 

The CJEU considers successful completion of the three-year period to constitute sufficient integration. As a result, the right of residence effectively evolves into a permanent residence right, which can only be lost under very limited circumstances, for instance where the person leaves Germany for a significant period without justified reasons, generally more than twelve months. 

Practical Example 

A child of Turkish workers who has resided with the family for more than three years leaves the family household to commence vocational training. Even if the child were to drop out of the program or receive social benefits, this would no longer jeopardise the child’s already established residency status. The child may continue to reside in Germany based on Article 7 Decision No. 1/80 for the purpose of applying for jobs or taking up gainful employment.  

Standstill Clauses and How They Protect Turkish Nationals from Later Legal Restrictions 

The association framework is complemented by so-called standstill clauses, in particular: 

• • • Article 41(1) of the Additional Protocol to the Association Agreement of 1973 concerning freedom of establishment and freedom to provide services 

• • • Article 13 of Decision No. 1/80 of 1980 concerning access of Turkish employees and their family members to the labour market 

These clauses prohibit Member States from introducing new restrictions on the free movement of workers or freedom of establishment and services after the relevant reference date. While they do not create independent rights, they operate as a legal safety lock—prohibition of deterioration. If the current legal situation is less favorable than that applicable at the time the clause entered into force, the earlier more favorable rules must be applied. 

The standstill clauses are of particular importance in the context of the active freedom to provide services. Notably, the general visa requirement for Turkish nationals was only introduced through regulations adopted in 1980. Prior to that, Turkish nationals benefited from visa‑free entry for certain short‑term service activities, including cross‑border passenger and goods transport, assembly and maintenance work, as well as artistic, scientific, or sporting performances. 

As this subsequent visa restriction constitutes a deterioration of the legal position, it cannot be relied upon in practice. Consequently, Turkish nationals may still enter the country without a visa for the purpose of carrying out certain short‑term activities. In practice, visa‑free entry may only arise in narrowly defined cases and does not apply to typical short‑term visits such as tourism or family visits. 

How EU-Turkey Association Law Interacts with German Residence Act in Practice 

Even though the EU-Turkey association framework has existed for decades, its protections are not fading. Because of the prohibition of deterioration, this “old” law acts as a permanent barrier against modern, more restrictive immigration policies. As a result, a legal framework that entered into force in 1980 can still have a decisive impact on immigration cases today. 

In particular, Articles 6 and 7 of Decision No. 1/80 grant Turkish workers and their family members legal rights guaranteed under EU law, the scope of which extends beyond national residence law. 

Focusing exclusively on the German Residence Act risks overlooking decisive legal positions. Association law requires a separate assessment and, upon closer examination, may offer affected individuals a level of legal protection that is not immediately apparent. 

Need to Know More? 

To learn more about the EEC–Turkey Association Agreement and the residence and labour market rights arising under Association Council Decision No. 1/80, please contact Senior Associate Arta Djahanschiri at [email protected] and Associate Iris Barthel at ibarthel@fragomen.com.  

This blog was published on 26 June 2026 and reflects information available at that time. Updates may occur as policies evolve. To stay informed on the latest immigration news and analysis, please subscribe to our alerts and follow us on LinkedIn, Facebook and Instagram.