The High Court has ruled that Turkish national Berna Akkaya’s Irish immigration record must accurately reflect work and residence rights she acquired under EU law in July 2020.
Akkaya entered Ireland as a student in November 2018 and later worked legally while subject to Stamp 2 conditions. She began employment with Mint Cottage Restaurant in July 2019.
Under the EU-Turkey Association arrangements, a Turkish worker who completes one year of legal employment acquires additional rights to continue working for the same employer, together with a corresponding right of residence.
Akkaya reached that one-year milestone on 13 July 2020. She applied for Stamp 1 permission in August 2020, but the Department did not issue its decision until 2 February 2021. The permission was expressed to begin only from that later date.
The issue became important when Akkaya prepared to apply for Irish citizenship. Residence under a student permission is generally excluded from reckonable residence for naturalisation, whereas her period as a migrant worker may count.
Her solicitors asked the Minister in June 2024 to recognise the earlier commencement date. The request was refused on 3 July 2024 on the basis that Turkish Association Agreement permissions begin only from the date of the decision letter.
Mr Justice Garrett Simons held that approach unlawful. He said the underlying EU rights arise automatically once the qualifying employment period is completed. Any Irish permission is declaratory evidence of those rights, rather than the source of them.
Because Ireland requires Turkish workers to obtain and register immigration permission, the administrative document must accurately record when their EU rights arose. A delay by the Department cannot postpone those rights.
The judge found Akkaya was entitled to have her status between July 2020 and February 2021 recorded as that of a migrant worker, not as a student. He proposed quashing the July 2024 refusal and making a declaration reflecting that position. The precise final order and costs were left for a later hearing.