1. Definition and Scope of the Permanent Return Concept 

In accordance with Article 6 of Law No. 3201, the condition of “having permanently returned to the country” is required for a retirement pension to be granted through crediting overseas periods. The concept of “permanent 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, permanent return refers to the cessation of work abroad for those applying for a pension allocation and the situation where they do not receive a residence-based social insurance or social assistance benefit (Supreme Court 10th Civil Chamber, 13.10.2015, E. 2015/12217, K. 2015/16747 ; Supreme Court General Assembly of Civil Chambers, 25.02.2021, E. 2020/714, K. 2021/165 ).

In judicial decisions, permanent return is described as the insured person ending all their ties related to their working life abroad, both in terms of the workplaces they worked at and the relevant social security institutions, and returning to ensure their social security in Turkey (Supreme Court 21st Civil Chamber, 19.10.2015, E. 2015/12115, K. 2015/18696 ).

2. Condition of Physically Coming to Turkey and Residence Status

 According to the jurisprudence of the Supreme Court and the Council of State, the concept of permanent return cannot be interpreted in an absolute sense as never going abroad again after returning to Turkey from abroad, or as being physically present in Turkey continuously.

Physical Presence: The insured being abroad on the date of requesting an old-age pension does not solely mean that a definitive return has not been made and does not prevent them from claiming the pension (Court of Cassation, 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 change of residence document from the person concerned is unlawful (Council of State, 11th Chamber, 08.11.2010, E. 2008/14666, K. 2010/8977 ).

Departure Abroad: Going abroad again or staying abroad for a long time after making a definitive return is not a sole reason for the pension to be cut; for the pension to be cut, one must work under the legislation of a foreign country or receive a residence-based allowance (Court of Cassation, 10th Civil Chamber, 20.11.2024, E. 2024/12551, K. 2024/11311 ).

3. Situations Preventing the Definitive Return Condition (Presumptions and Evidence) 

In judicial decisions, certain situations indicating that a 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 (Court of Cassation General Assembly of Civil Chambers, 28.04.1999, E. 1998/825, K. 1999/253 ).

Continuing Premium Payments: Paying premiums for the purpose of benefiting from social insurance abroad is an indication that a definitive return has not taken place (Supreme Court 10th Civil Chamber, 26.05.2021, E. 2021/449, K. 2021/7050 ).

Exceptions: Social insurance or social assistance benefits not contingent on residency do not constitute an impediment to definitive return (Supreme Court General Assembly of Civil Chambers, 29.03.2017, E. 2015/2371, K. 2017/583 ). Furthermore, “short-term employments” for which mandatory insurance premium deductions are not made from earnings according to the relevant country’s legislation are not considered a violation of the definitive return condition (Supreme Court General Assembly of Civil Chambers, 15.11.2023, E. 2022/1183, K. 2023/1084 ).

4. Distinction Between Buy-back of Service and Pension Allocation

 With the Constitutional Court’s annulment decision dated 12.12.2002, the phrase “definitive return” in Article 3 of Law No. 3201 was abolished. Therefore, the condition of definitive return is no longer sought to be able to buy back service periods abroad; however, for an old-age pension to be granted based on the bought-back periods, the condition of definitive return must be fulfilled in accordance with Article 6 of the Law (Supreme Court 21st Civil Chamber, 14.05.2013, E. 2012/3778, K. 2013/9775 ; Supreme Court 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;

In periods before the Constitutional Court’s annulment decision, such as in 1995, it was stated that the condition of definitive return was sought even during the debt application, and that the institution’s cancellation of debts made without fulfilling this condition was appropriate (Supreme Court 21st Civil Chamber, 21.01.2016, E. 2015/16210, K. 2016/576 ).

It has been discussed that individuals who acquire German citizenship by obtaining permission to renounce Turkish citizenship can count their periods as Turkish citizens, but can only fulfill the “definitive return to the country” condition, which is required for pension allocation, by reacquiring Turkish citizenship or within the framework of acquired rights (Supreme Court General Assembly of Civil Chambers, 28.04.2010, E. 2010/210, K. 2010/240 ).

In summary: Definitive return is not about physically settling in Turkey and never leaving; it refers to the cessation of active work abroad, the termination of work-related allowances (unemployment, sickness, etc.), and the ending of residence-based social benefits. Coming to Turkey is not a condition for making premium payments (debt), but it is mandatory to break these legal and financial ties abroad to receive a retirement 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 Legal Support Necessary?

Pension processes with overseas premium payments, especially regarding the “definitive return” condition, the approval or rejection of pensions, objections to SGK procedures, and litigation processes, are highly technical and leave no room for error. Therefore, working with an Istanbul overseas premium payment lawyer from the beginning of the process is critically important to prevent loss of rights.

Specifically:

Filing a lawsuit against SGK’s procedures of non-payment or suspension of monthly pensions

Proper assessment of overseas employment 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 the process is managed correctly and prevents time and financial losses. Additionally, obtaining support from an Istanbul lawyer, Tuzla lawyer, Pendik lawyer or Kurtköy lawyer to monitor the process on-site also contributes to its efficient execution. Furthermore, with professional overseas retirement consultancy services, your rights in both Turkey and Germany can be evaluated together to create the most advantageous retirement plan.