29.07.2024 00:30
Turkish Republic citizens who apply for permanent residence permit in the Netherlands will be required to take a mandatory integration exam on language and culture as of January 1, 2025.
The Netherlands will subject Turkish citizens who apply for indefinite residence permits from January 1, 2025 to a mandatory integration exam in terms of language and culture. Those who do not obtain an integration diploma will not be granted indefinite residence permits.
The Netherlands has imposed restrictions on the access of Turkish citizens living in the country to unlimited residence permits. Starting from next year, Turkish citizens who apply for residence permits will have to take a mandatory integration exam in terms of language and culture.
REACTION FROM TURKS IN THE NETHERLANDS Turkish organizations in the Netherlands are protesting the decision, stating that such a regulation is not possible under the Turkey-European Union (EU) Association Agreement. Immigration expert lawyer İsmet Özkara says that this regulation is illegal and they will take the matter to court. The Immigration and Naturalization Service (IND) of the Netherlands announced that Turkish citizens who apply for indefinite residence permits from the new year will be subject to the integration exam. The statement emphasized that this practice will be implemented in line with the government's decision in 2022 to ensure the integration of Turkish citizens into the Netherlands.
The Dutch government had decided to subject Turkish citizens who will come to the country for family reunification or other reasons to an integration exam, stating that "Turkish immigrants have not been able to integrate sufficiently into the Netherlands." Former Minister of Social Affairs Wouter Koolmees defended the obligation of integration for Turkish citizens with the following words: "Many of them have jobs and are active in society, but some have difficulties with the Dutch language. Therefore, they have trouble finding their way in society."
NO VISA FOR THOSE WHO FAIL THE EXAM For this reason, the government has imposed an exam requirement on Turkish citizens who want to come to the Netherlands. Turkish citizens attending courses at Dutch representatives in Turkey are required to take an exam to prove their proficiency in the Dutch language at the B1 level and their familiarity with the country's culture. Those who fail the exam will not be granted a Dutch visa.
Until 2020, the Netherlands applied exceptional privileges to Turkish citizens in accordance with bilateral agreements. The Association Agreement signed between Turkey and the former European Economic Community in 1963 and the Additional Protocol of 1970 do not allow any mandatory impositions on Turkish citizens in the Netherlands. However, citing the increased influx of refugees after the failed coup attempt in 2016, the Dutch government brought up the integration exam. Based on the decision of the European Court of Justice in 2014 that "the provisions of the Association Agreement may be violated due to an overriding public interest," the Dutch government decided to disregard certain provisions of the Turkey-EU Association Agreement.
RISK OF LOSS OF RIGHTS FOR TURKISH CITIZENS According to lawyer İsmet Özkara, the exam requirement imposed on Turkish citizens who will later come to the Netherlands through family reunification is now being expanded to include those living in the Netherlands. Turkish citizens who fail the integration exam will not be able to obtain indefinite residence permits from January 1, 2025. According to Özkara, this practice poses significant disadvantages for Turkish citizens. Turkish citizens legally residing in the Netherlands for 5 years are granted the right to permanent residence at the end of this period. With this indefinite residence permit, which is valid throughout the EU, Turkish citizens can benefit from all rights granted to EU citizens, such as permanent employment contracts, credit, and property acquisition.
According to Özkara, Turkish citizens who do not take the integration exam will be granted a different residence permit that needs to be renewed every 3-5 years. This will result in a loss of rights for Turkish citizens in many areas, including permanent employment contracts, rental agreements, and credit applications. İsmet Özkara emphasizes that the Turkey-EU Association Agreement cannot be unilaterally abolished and says that three lawsuits filed against the Netherlands in favor of Turkish citizens have been concluded and are currently in the approval stage.
According to Özkara, in a case currently on the agenda of the Council of State, the local court ruled that it is "discrimination" to impose no restrictions on citizens of non-EU countries such as Australia and Japan while imposing an integration exam requirement on Turkish citizens. Özkara emphasizes that they expect the Council of State to confirm this decision and they are preparing to resort to legal means for the new regulation that will come into effect on January 1, 2025.
Özkara highlights that they will complain to the European Commission against the Netherlands due to this decision and that they will fight against this regulation with signature campaigns and individual lawsuits against the law after it comes into effect. Zeki Baran, the Chairman of the Advisory Board for the Netherlands Turks, the advisory body of the Dutch government on Turkish immigrants, also stated that subjecting indefinite residence permits to the integration exam means a violation of the 1963 Ankara Agreement. Baran, emphasizing that this is not an acceptable regulation, stated that they will initiate all necessary legal actions to challenge it. Baran also argues that Turkey, as a party to the agreement, should not remain silent in the face of this practice.