1. Definition and Scope of the Concept of Definitive Return
Pursuant to Article 6 of Law No. 3201, the condition of “having definitively returned to the country” is sought for a retirement pension to be granted through overseas premium payments. The concept of “definitive return” is clearly defined in subparagraph (d) of Article 4 of the Regulation on the Borrowing and Evaluation of Periods Spent Abroad. According to this definition, definitive return refers to the cessation of employment abroad for those applying for a pension allocation and not receiving a residence-based social insurance or social assistance benefit (Yargıtay 10. Hukuk Dairesi, 13.10.2015, E. 2015/12217, K. 2015/16747 ; Yargıtay Hukuk Genel Kurulu, 25.02.2021, E. 2020/714, K. 2021/165 ).
In judicial decisions, definitive return is characterized as the insured person terminating all their relations concerning their working life abroad, both with their workplaces and the relevant social security institutions, and returning to ensure their social security in Turkey (Yargıtay 21. Hukuk Dairesi, 19.10.2015, E. 2015/12115, K. 2015/18696 ).
2. Condition of Physically Coming to Turkey and Residency Status
According to the precedents of the Court of Cassation and the Council of State, the concept of definitive return cannot be interpreted as absolutely not going abroad again after returning to Turkey from abroad, or physically staying in Turkey continuously.
Physical Presence: The insured’s presence abroad on the date of requesting a retirement pension does not, by itself, mean that a definitive return has not been made and does not prevent them from requesting the pension (Supreme Court 21st Civil Chamber, 06.03.2017, E. 2016/8772, K. 2017/1712 ).
Change of Residence: The Council of State has stated that definitive return means the termination of active working life abroad, and therefore, requesting a residence transfer certificate from the person concerned is unlawful (Council of State 11th Chamber, 08.11.2010, E. 2008/14666, K. 2010/8977 ).
Going Abroad: Going abroad again or staying abroad for a long time after making a definitive return is not, by itself, a reason for the pension to be cut; for the pension to be cut, one must work under foreign country legislation or receive a residence-based allowance (Supreme Court 10th Civil Chamber, 20.11.2024, E. 2024/12551, K. 2024/11311 ).
3. Circumstances Preventing the Definitive Return Condition (Presumptions and Evidence)
In judicial decisions, certain situations indicating that the definitive return has not occurred are accepted as “strong evidence” or “presumption”:
Social Benefits and Allowances: Receiving unemployment insurance benefits, sickness benefits, or temporary incapacity allowance from abroad constitutes a presumption that the person resides abroad and has not made a definitive return (Supreme Court General Assembly of Civil Chambers, 28.04.1999, E. 1998/825, K. 1999/253 ).
Continuing Premium Payments: Paying premiums to benefit from social insurance abroad indicates that a definitive return has not occurred (Court of Cassation, 10th Civil Chamber, 26.05.2021, E. 2021/449, K. 2021/7050 ).
Exceptions: Social insurance or social assistance benefits not dependent on residency do not constitute an obstacle to a definitive return (Court of Cassation, General Assembly of Civil Chambers, 29.03.2017, E. 2015/2371, K. 2017/583 ). Furthermore, “short-term employment” for which compulsory insurance premium deductions are not made from earnings according to the legislation of the relevant country is not considered a violation of the definitive return condition (Court of Cassation, General Assembly of Civil Chambers, 15.11.2023, E. 2022/1183, K. 2023/1084 ).
4. Distinction Between Indebtedness (Buy-back) and Pension Allocation
With the annulment decision of the Constitutional Court dated 12.12.2002, the phrase “definitive return” in Article 3 of Law No. 3201 was repealed. For this reason, the condition of a definitive return is no longer required to make foreign service buy-back; however, for an old-age pension to be granted based on the periods bought back, the definitive return condition must be met in accordance with Article 6 of the Law (Court of Cassation, 21st Civil Chamber, 14.05.2013, E. 2012/3778, K. 2013/9775 ;Court of Cassation, 10th Civil Chamber, 02.05.2013, E. 2013/3637, K. 2013/9009 ).
5. Information Obtained from Secondary Sources
According to research notes classified as secondary sources;
It has been stated that in periods prior to the Constitutional Court’s annulment decision, such as around 1995, the condition of “definite return” was sought even at the time of the borrowing request, and that the institution’s annulment of borrowings made without fulfilling this condition was deemed appropriate (Court of Cassation 21st Civil Chamber, 21.01.2016, E. 2015/16210, K. 2016/576 ).
It has been debated that individuals who acquired German citizenship by obtaining permission to renounce Turkish citizenship can count their periods under Turkish citizenship for borrowing purposes, but the “definite return to the country” condition required for pension entitlement can only be met by re-acquiring Turkish citizenship or within the framework of acquired rights (Court of Cassation General Assembly of Civil Chambers, 28.04.2010, E. 2010/210, K. 2010/240 ).
In summary: Definite return is not about physically settling in Turkey and never leaving again; it refers to the cessation of active employment abroad, the termination of employment-related benefits (unemployment, sickness, etc.), and the discontinuation of residence-based social assistance. Coming to Turkey is not a requirement for borrowing, but severing these legal and financial ties abroad is mandatory to receive a pension.
Frequently Asked Questions
“Kesin dönüş” sadece Türkiye’ye gelmek mi demektir?
Hayır. Kesin dönüş, fiziksel olarak Türkiye’ye yerleşmekten ziyade, yurt dışındaki çalışma hayatının ve sosyal güvenlik bağının tamamen sona erdirilmesini ifade eder.
Yurt dışında yaşamaya devam ederken emekli maaşı almak mümkün mü?
Evet, mümkündür. Ancak bunun için yurt dışındaki çalışmanın ve çalışmaya bağlı sosyal yardımların sona ermiş olması gerekir; sadece yurt dışında yaşamak maaş almaya engel değildir.
Why is Expert Lawyer Support Necessary?
The processes of overseas debt accrual for retirement, especially concerning the “definite return” condition, the approval or rejection of pensions, and the objection and litigation processes for SGK (Social Security Institution) procedures, is a highly technical field that leaves no room for error. Therefore, working with an Istanbul overseas debt accrual lawyer from the beginning of the process is critically important to prevent loss of rights.
Specifically:
Filing a lawsuit against SGK’s procedures of not granting or cutting off monthly pensions
Proper assessment of overseas work status
Joint planning of German and Turkish pensions
Issues such as the correction of incomplete or erroneous applications require professional support.
At this point, working with an experienced 2M Hukuk Law Office ensures that the process is managed correctly and prevents both time and financial losses. Additionally, receiving support from an Istanbul lawyer, Tuzla lawyer, Pendik lawyer or Kurtköy lawyer to follow the process on site also contributes to the effective execution of the process. Furthermore, with professional overseas retirement consultancy service, your rights in both Turkey and Germany can be evaluated together to create the most advantageous retirement plan.
