Visa Situation in Turkey

“Strengthening the triangle CSOs National Governments-European Commission-Reinforcing the Europe-wide civil society and building partnerships”

19 October 2009 - Zadar

Zeynep ÖZLER

Melih ÖZSÖZ

Economic Development Foundation - TURKEY

ECONOMIC DEVELOPMENT FOUNDATION

• IKV is as old as the history of Turkey-EU relations itself.

• On 12 September 1963, the Association Agreement was signed between EEC and Turkey in Ankara.

• The Turkish business world believed in the European integration project. It took action even before the ink on the agreement dried.

• IKV was established in 1965.

• Brussels Representation was established in 1984.The first ever Turkish private sector representation in the EU.

LEGALFRAMEWORK

LEGAL FRAMEWORK

Turkey-EU

Council Regulation No 539/2001 listing third countries, whose nationals must possess visas when crossing external borders

Turkey in EU’s Black List

LEGAL FRAMEWORK

Turkey-EU1963 Ankara Agreement (pre-accession agreement)

Additional Protocol entered into force in 1973.Article 41/1 of the Additional ProtocolStandstill Clause “The Contracting Parties shall refrain from introducing between themselves any new restrictions on the freedom of establishment and the freedom to provide services.”

Standstill clause has direct effect, hence individuals can rely on it for enforcement of their rights.Primacy of Ankara Agreement over Regulation No.539/2001.

1/95 Customs Union Decision

European Court of Justice (ECJ) Case Law

Since the 1990s, ECJ has played a key role in clarifying the legal nature of the Ankara Agreement (1963), Additional Protocol (1970), Association Council Decisions (No 2/76, 1/80, 3/80) and the legal status of Turkish nationals in Europe.

Demirel (1987) Sevince (1990)Savaş (2000)Abatay and Şahin (2001) Tüm and Darı (2007)Soysal (2009)

Soysal Ruling (February 2009)

The visa application of two Turkish lorry drivers wishing to enter Germany is refused.

Visa requirement for Turkish nationals introduced in 1980 (DE).

First explicit mention of visas

The standstill clause prohibits any new obstacles/restrictions on freedom of establishment and free movement of services.

Court rules visa requirement as a ‘new restriction’ under 41 (1), thus a breach of the standstill clause.

Aftermath of the Soysal Ruling

European Commission’s Opinion

Only Germany (for certain service providers) and Denmark(for all service providers)

Germany

Procedural change (visa exemption document) Restrictive in scope (service receivers not included)

Ongoing legal struggle yet political resistance by some EU Member States

Seeking political dialogue through diplomatic channels and political agents?

Civil Society Dialogue

Visa-Free Europe for Turks?

Doors are opened for visa-free Europe

First step towards visa-free Europe for Turkish citizens

Visa-free Europe: Very soon?

Major resentment among Turkish public, arising from feelings of being discriminated against and unjust treatment particularly business community and students.

EU offers no definite roadmap for visa liberalization in Turkey.

Yet, Visa Facilitation in return for signing of Readmission Agreement with EU.

No consensus on readmission agreement for it is costly in administrative, financial and social terms since Turkey is a major transit route for irregular migrants.

Visa facilitation is not desirable for it will constitute a step backwards from our rights stemming from the Additional Protocol.

CURRENTSITUATION

DOCUMENTS for SCHENGEN VISA

(Business+Touristic Visa)Passport * Photocopies of first 4 and last 2 pages of your passport * Previous passports (if applicable) * Visa application form * 2Photographs * Invitation letter * Visa application letter from the employee * Records of commercial entity from the Chamber of Commerce/Industry * Tax registration certificate * Commercial activity certificate * Documents relating to the company’s financial status * Bank acoounts (original/photocopy) * Credit cards (photocopy) * Land registry documents * Proof of assets * Travel insurance * Hotel reservation * Proof of transportation (tickets) * Last 3 months deposit slips of the applicant * Documents relating to the social security system * List of authorized signatures * ID card photocopy * Driving license photocopy (if applicable) ……………………………………………...

COST of SCHENGEN VISA (Business Visa)

Visa Cost Intermediary Agent Cost / Cargo Cost Bank Commission TOTAL

Belgium 60 € 45 TL 9 – 11 TL 184 – 186 TL

Finland 60 € 9 – 11 TL 139 – 141 TL

France 60 € 21 TL 9 – 11 TL 160 -162 TL

Sweden 60 €= 125 TL 9 – 11 TL 134 -136 TL

Germany 60 € 23 TL + 13 TL 166 TL

Italy 60 € 40 TL 9 – 11 TL 179 – 181 TL

The Netherlands 60 €= 131 TL 23 YTL 9 – 11 TL 163 - 165 TL

Luxembourg 60 € 45 YTL 9 – 11 TL 184 - 186TL

Greece 60 € 130 TL

Portugal 60 € 130 TL

Spain 60 €= 130,80 TL 130,80 TL

Austria 60 € 26 TL 9 – 11 TL 175 -177 TL

Denmark 60 €= 125 TL 28 TL 9 – 11 TL 162 - 164 TL

Poland 60€= 130 TL 130 TL

Estonia 60 € 130 TL

Lithuania 60 € 130 TL

Latvia 60 € 130 TL

Malta 60 € 130TL

Çek Republic 60 € 130 TL

Hungary 60 € 130 TL

Slovakia 60 € 130 TL

Slovenia 60 € 130 TL

COST of SCHENGEN VISA (Touristic Visa)

Visa Cost Intermediary Agent Cost / Cargo Cost Bank Commission TOTAL

Belgium 60 € 45 TL 9 – 11 TL 184 – 186 TL

Finland 60 € 9 – 11 TL 139 – 141 TL

France 60 € 21 TL 9 – 11 TL 160 -162 TL

Sweden 60 €= 125 TL 9 – 11 TL 134 -136 TL

Germany 60 € 23 TL + 13 TL 166 TL

Italy 60 € 40 TL 9 – 11 TL 179 – 181 TL

The Netherlands 60 €= 131 TL 23 YTL 9 – 11 TL 163 - 165 TL

Luxembourg 60 € 45 YTL 9 – 11 TL 184 - 186TL

Greece 60 € 130 TL

Portugal 60 € 130 TL

Spain 60 €= 130,80 TL 130,80 TL

Austria 60 € 26 TL 9 – 11 TL 175 -177 TL

Denmark 60 €= 125 TL 28 TL 9 – 11 TL 162 - 164 TL

Poland 60€= 130 TL 130 TL

Estonia 60 € 130 TL

Lithuania 60 € 130 TL

Latvia 60 € 130 TL

Malta 60 € 130TL

Çek Republic 60 € 130 TL

Hungary 60 € 130 TL

Slovakia 60 € 130 TL

Slovenia 60 € 130 TL

VISA HOTLINE PROJECT-survey-

PURPOSE

The survey aims to detect possible problems encountered by Turkish nationals during their Schengen visa application process.

The survey designed as a kick-off for the lobbying activities of the Turkish business community on visa issue.

SURVEY CALENDER

o The survey is composed of 15 questions.

o The survey is sent to pre-defined institutions on February 2009.

o On April 2009, all the answers were collected and an evaluation has followed.

SURVEY RESULTS in NUMBERS

Number of valid surveys: 1475

Number of invalid surveys : 65

Number of institutions reached: 111

Number of cities reached: 46

PARTICIPANTS -Universities

Balı kesir UniversityKı rklareli UniversityMarmara UniversityBartı n UniversityRize UniversitySüleyman Demirel Uni.Ankara UniversityFı rat UniversityĐstanbul Technical Uni. Bozok UniversityOndokuz Mayı s

ÜniversitesiOrdu UniversityEge UniversityAbant Đzzet Baysal Uni.Osmaniye Korkut Ata Uni.Muğla UniversityNiğde UniversityBartı n UniversityDicle University

Atı lı m UniversityAcı badem UniversityYüzüncü Yı l UniversityTrakya UniversityK.maraş Sütçü Đmam Uni.Maltepe UniversityMersin UniversityYı ldı z Teknik UniversityHitit UniversityGaziantep UniversityGümüşhane UniversityBilecik UniversityCumhuriyet UniversityAhi Evran UniversityĐstanbul Bilgi UniversityHacettepe UniversityDüzce UniversityKastamonu UniversitySüleyman Demirel University

Zonguldak Karaelmas Uni.Nevşehir UniversityKaramanoğlu Mehmetbey Uni.Bilkent UniversityĐnönü UniversityTOBB Eco. and Tech. Uni.Amasya UniversityFatih UniversityĐstanbul Kültür UniversityEskişehir Osmangazi Uni.Namı k Kemal UniversityKı rklareli UniversityĐstanbul Kültür UniversityAdı yaman UniversityĐzmir Đleri Teknoloji EnstitüsüAdnan Menderes UniversityFı rat University

PARTICIPANTS –Bar Associations

Kı rşehir Bar AssociationAdana Bar AssociationEskişehir Bar AssociationSamsun Bar AssociationManisa Bar AssociationZonguldak Bar AssociationBolu Bar AssociationBatman Bar AssociationDüzce Bar AssociationAnkara Bar AssociationÇanakkale Bar AssociationTrabzon Bar AssociationEdirne Bar Association

PARTICIPANTS –Chambers

Balı kesir Chamber of MedicineAfyonkarahisar Chamber of MedicineNiğde Chamber of MedicineGaziantep-Kilis Chamber of MedicineSamsun Chamber of MedicineMuğla Chamber of ChemistsKastamonu Chamber of ChemistsManisa Chamber of ChemistsAntalya Chamber of Chemists1. Bölge Đstanbul Chamber of ChemistsAfyonkarahisar Chamber of Commerce and IndustryOrdu Chamber of Commerce and IndustryĐzmir Ticaret Borsası

Diyarbakı r Chamber of Commerce and IndustryBalı kesir Chamber of Commerce and IndustryArtvin Chamber of Commerce and IndustryIsparta Chamber of Commerce and IndustryDeveli Chamber of Commerce and IndustryKı rşehir Chamber of Commerce and IndustryEskişehir Chamber of Commerce and IndustryKocaeli Chamber of Commerce and IndustryKı rklareli Ticaret Borsası

Niğde Eczacı Odası

Uzunköprü Chamber of Commerce and IndustryKı rklareli Chamber of Commerce and IndustryKonya Chamber of Commerce and IndustryZile Chamber of Commerce and IndustryIsparta Chamber of Commerce and IndustryMersin Chamber of Commerce and IndustryTMMOB Đnşaat Mühendisleri Odası

Çevre Mühendisleri Odası

Sivas Chamber of Commerce and IndustryGümüşhane Chamber of Commerce and IndustryGaziantep Chamber of Commerce and IndustryŞanlı urfa Chamber of Commerce and IndustryÇaycuma Chamber of Commerce and IndustryFethiye Chamber of Commerce and IndustryKayseri Chamber of Commerce and IndustryGaziantep Chamber of Commerce and IndustryBalı kesir Ticaret Borsası

Kı rşehir Chamber of Commerce and IndustryDoğanhisar Chamber of Commerce and IndustryKocaeli Chamber of Commerce and Industry

PARTICIPANTS –General view

%48Universities%12

Bar Associations

%40Chambers

111 institutions participated in the survey:

55 Universities

13 Bar Associations

43 Chambers

PARTICIPANTS –Outlook (Turkey)

University Bar Association Chamber

SOME RESULTS…

Specific complaints regarding specific Consulates

(Top 5)

1. UK (126 complaints)

2. Germany (100 complaints)

3. France (54 complaints)

4. Greece (50 complaints)

5. Portugal (38 complaints)

SOME RESULTS…“Our students obtained their Schengen visa after a long and diffcult process even though they applied to go to Estonia for ERASMUS Exchange Programme. Some students had to visit Estonian Embassy in Istanbul three times, since they were provided with incomplete information each time” – Ege University

“I got 3 Schengen visas from the German Consulate General in Đzmir and Ankara. Each time I felt myself insulted and humiliated in my own country. In addition to that I was exposed to the degrading treatment of the Consulate personnel, including security guards with Turkish nationality” – Suleyman Demirel University

“Physical conditions in Portuguese Consulate General was so poor. I had to wait for 4 long hours out in the freezing cold” – Atı lı m University

“UK Visa Application Center: Cold, Distant and nonchalant” - Bilkent University

“I had my appointment from the German Consulate General after two weeks of my appointment request. Due to the additional documents requested by the Consulate, I started my courses in Germany with 4 weeks of delay” -Yeditepe University

SOME RESULTS…“For visa application, your partner company in the EU has to send a letter of invitation directly to the Consulate. This is insulting for us and leaves no bargain power when you sit down to negotiate” – Eskişehir Chamber of Commerce

“You can not have a visa without an invitation letter. How can I have arms-lenght bargaining if my visit depends on a letter from my potential customer. Also I have to present all kinds of documents on my company and myself. Where is commercial confidentiality?” - Mersin Chamber of Shipping

“Humiliating attitudes of the staff in the French Embassy made me feel uncomfortable” –Edirne Bar Association

“All Turkish business people are treated as illegal migrants” – Ordu Chamber of Commerce and Industry

SOME RESULTS…

Germany

Frozen Account

Cost: 715 €

Czech Republic

Record of

previous

convictions

Cost: 70 €

FinlandHealth Insurance

for 100.000 €Cost: 350 €

CONCLUSION

There is a general dissatisfaction among the Turkish citizens regarding the visa issue (not only Schengen visa, but all visas applied for Turkish citizens)

This dissatifaction is valid for all EU Member States’ Consulates; especially for some where visa applicants’ complaints concentrate on attitudes of Consular staff vis-a-vis applicants.

ECONOMIC DEVELOPMENT FOUNDATION

www.ikv.org.tr