THE INTEGRATION OBLIGATION APPLIES TO TURKISH NEWCOMERS AS OF JANUARY 1, 2022
23/11/2021
Keywords: Turkish newcomers, long-stay, integration obligation, Basic Exam Abroad.
Until 2011, an integration obligation was in force for Turkish newcomers. Following a ruling by the Central Appeals Board (CRvB) in 2011, this integration obligation for Turkish newcomers has been cancelled. At the time, the CRvB ruled that the integration obligation for Turkish citizens in the Netherlands is in conflict with the EU-Turkey association right. For example, in view of the association agreements between the EU and Turkey, in particular the so-called standstill provisions, Member States are not allowed to introduce new restrictions for Turkish employees, the self-employed and their family members, whose residence and work on the territory of the Member State is legal.
Due to the recent case law of the CJEU it is permitted to reintroduce the integration obligation for Turkish newcomers, if the conditions formulated by the CJEU are met, in short: promoting the integration of newcomers and customization in integration. At the request of the House of Representatives, the Dutch cabinet has investigated whether the integration obligation for Turkish newcomers can be reintroduced.
As a result of the changes in the interpretation of the regulations, the Dutch cabinet wants to oblige Turkish newcomers to take an integration course.
The integration obligation has been in force since May 1, 2020, for Turkish newcomers with asylum status as well their family members.
As from January 1, 2022, the integration obligation:
- becomes applicable to all Turkish migrants aged 18 years or older, without having reached the retirement age yet, who come to the Netherlands for a long-term stay; OR
- becomes applicable to any other newcomer with a Turkish nationality, intending to have a long-stay in the Netherlands (incl. spiritual leaders like e.g. imams and religious teachers);
Whereby:
- all Turkish migrants aged 18 or older, without any exception, must complete the Basic Exams Abroad in Turkey;
- after successfull completing the basic exams, the integration of the newcomer continues after the arrival in the Netherlands;
- migrants who are in the Netherlands for family reunification or family formation (partialy) pay the costs in order to comply with the established learning route to an integration obligation.
The integration obligation does not apply for:
- highly skilled migrants (a highly skilled migrant is a highly educated foreigner with the nationality of a country outside the EU, the EEA or Switzerland, who comes to the Netherlands to contribute to the Dutch knowledge economy);
- persons who are in the Netherlands for a certain period of time for a study in the Netherlands;
- people who temporarily visit family members already living in the Netherlands;
- people who are temporarily going to work in the Netherlands;
- people with Turkish nationality already living in the Netherlands on January 1, 2022, and having a residence permit.
If you would like to know more about the integration obligation, please feel free to contact NAZALI nazali_amsterdam@nazali.com).
References:
https://www.rijksoverheid.nl/onderwerpen/immigratie-naar-nederland/vraag-en-antwoord/inburgeren-turkse-nationaliteit
https://www.rijksoverheid.nl/onderwerpen/inburgeren-in-nederland/nieuwe-wet-inburgering
https://www.rijksoverheid.nl/actueel/nieuws/2020/02/04/turkse-nieuwkomers-worden-inburgeringsplichtig
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