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The period during which you can earn rights under the terms of the Association Agreement

The rulings of the European Court of Justice and article 6(1) demonstrate that when calculating whether you have had legal employment for one year with the same employer, emphasis is to be placed on services rendered during the period from the date when you were first able to work legally in Denmark – typically the date on which you qualified for your original residency – up to the date when the original entitlement to reside in Denmark ceased.

This means that you cannot earn rights under the terms of the Association Agreement during a procedural stay in Denmark. During a procedural stay in Denmark, you are entitled to live in Denmark while your application for residency is processed by the immigration authorities, and in some cir-cumstances you may be entitled to continue working without a residence permit.

The commencement of earning rights

In accordance with European Court of Justice rulings, as a Turkish national you earn rights in accordance with the terms of the Association Agreement from the day on which your employment commences – in other words from your first working day.

This first working day must take place while you were resident in Denmark under the original grounds for your residency, e.g. as a reunified family member.

For more detailed guidance on the rules and conditions, please contact The Immigration Service.

Last update: 9/5/2013
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Published by: The Ministry of Justice