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Economically active Turkish nationals

If you are an economically active Turkish national who no longer qualifies for your original Danish residence and work permit, or if your residency as part of a reunified family is revoked, for example, because you no longer co-habitate, you may, in certain situations, be entitled to a new residence permit in compliance with the Association Agreement and thereby continue to reside legally in Denmark.

This applies in the following examples , which are described in the three parts of article 6(1) of the Association Council’s decision no. 1/80 dated 19 September 1980:

  1. If you are a Turkish national, and you have worked legally in Denmark for one year, you are entitled to the renewal of your work permit for the same employer.
  2. After three years of legal employment and subject to the priority to be given to workers of Member States of the Community, you are entitled to respond to another offer of employment, with an employer of your choice, and made under normal conditions and registered with the employment services of that State, for the same occupation.
  3. If you have been legally employed in Denmark for four years, you are entitled to remain living in Denmark and enjoy free access in that Member State with regards to any paid employment of your choice.

Rights granted in accordance with article 6(1) of the Association Agree-ment therefore require that Turkish workers who have been duly regis-tered as belonging to the labour force of a Member State have engaged in legal employment of a certain period. The periods specified in the decision are one, three and four years, and your rights are gradually extended according to the length of your residency and employment.

You qualify as a worker if you have had an employment relationship that is real and genuine for a certain period in return for payment for services rendered for another party, and on the instruction of another party as de-scribed below under "Definition of worker".

You are duly registered as belonging to the labour force of a Member State if you are entitled to be employed on the territory of a Member State.

Legal employment requires that as a Turkish national you have complied with the national rules on legal entry into Denmark and on obtaining a residence and work permit in Denmark.

The three parts of article 6(1) are to be satisfied in the order stated. This means that you must first qualify for the rights in part one before qualify-ing for the rights in part two and subsequently qualifying for the rights in part three.

You are not required to have had a residence and work permit in Denmark with explicit reference to article 6(1)(i) in order to qualify for the rights stated in sections 2 and 3 of the decision.

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

Last update: 3/23/2015
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Published by: The Ministry of Justice