A long time ago Turkey became almost a member of the so-called European Economic Community (EEC). In this period, a number of treaties were concluded between Turkey and the EEC. These treaties still exist today and these rights can still be invoked. As a result of these treaties, some of the rules of the current (strict) Dutch Aliens Act do not apply to Turks.

Based on the first treaty signed in 1963, the treaty that established an association between the Republic of Turkey and the European Economic Community, a number of decisions were subsequently taken. These decisions are still valid and may be of benefit to Turks and Turkish Dutch citizens.

Turkish workers (Decision 1/80)

Decision 1/80 deal with the rights of Turkish workers and the rights of family members of Turkish workers. It contains a 'stand-still' provision which provides that no stricter rules may be drawn up which affect the rights of Turkish workers and/or members of their families. This means that, in some cases, the rules applicable are those that enerted into force in December 1980, the date on which Decision 1/80 entered into force.

The INS sometimes forgets to take into account decision 1/80 or sometimes does not apply the rules that follow from decision 1/80 correctly. Our office has extensive experience in these matters and can make a correct assessment of your chances of success.

Other advantages for Turks are:

• Most of the time less document duty has to be paid;
• the minimum age for married and registered partners is 18 years instead of 21;
• Family members who come to the Netherlands do not have to pass the Civic Integration Examination.

Do you think that the special rules that apply for Turkish worker apply to you or are you a child of a Turkish worker? Feel free to contact us.

Tip: Are you an employee with the Turkish nationality? Then try to stay with the same boss for the first few years as much as possible. Only after three years of working for the same boss you are entitled to all rights that follow from decision 1/80.

Turkish Self-employed (Additional Protocol 1970)

The Additional Protocol lays down the rights of Turkish self-employed workers. Under this protocol, Turkish self-employed workers are subject to slightly more flexible rules. An application for a residence permit for work as a self-employed person is subject to the condition that your company serves an essential Dutch interest. The INS does not carry out this assessment itself. The assessment is carried out by the so-called Rijksdienst voor Ondernemend Nederland (RVO). The RVO uses a point system for this purpose. This scoring system does not apply if you (also) have the Turkish nationality and submit an application for a residence permit for work on a self-employed basis.

You still, however, need to hand over a business plan. With this business plan you have to demonstrate that your company serves an essential Dutch interest. This following must follow from the business plan:

• your business is viable;
• your company meets a need in the Netherlands;
• your company will contribute to the growth of the Dutch economy. 

The RVO (and therefore the INS) sets high standards for your business plan, which must be substantiated with figures and, for example, a competition analysis.

Of course we are willing to advise you before you submit the application. Feel free to contact us if you have any questions.

Tip: Applications for a residence permit as a self-employed person in a shoarma or pizza shop or as a hairdresser are generally rejected. If you want to apply for a residence permit as a Turkish self-employed person, look for something innovative.