TURKISH CITIZENSHIP

• Every state has the right to decide within the framework of the law which persons or citizens of the country can become its citizens.
• Persons cannot be made stateless. The stateless state of the person to be deprived of citizenship is an obstacle to the removal of citizenship.
• The person cannot be arbitrarily removed from the citizenship he has acquired.
• Citizenship cannot be imposed on a person by force, and a person’s request to renounce citizenship cannot be arbitrarily prevented by the state.
• A citizen cannot be prevented from entering the country and a citizen cannot be deported for any reason.
• In case of dual citizenship or multiple citizenship, the person cannot claim the citizenship of the other country against the country of citizenship.
• Citizen cannot be extradited to another country.

Turkish citizenship acquired by birth is the citizenship acquired at the time of birth and becomes effective from the moment of birth upon notification.

The acquisition of Turkish citizenship by birth is based on lineage or place of birth.

1.1. Acquisition of Turkish Citizenship by Lineage

Citizenship acquired by lineage means the acquisition of citizenship of the Turkish citizen mother or father, to whom the child is connected by lineage at the time of birth.

For the child to acquire Turkish citizenship through lineage, it is sufficient for only one of the parents to be Turkish citizens at the time of birth of the child. The fact that one of the parents is a foreign citizen or the child was born in a country other than Turkey does not prevent the acquisition of Turkish citizenship.

Children born out of wedlock:

• If the main is a Turkish citizen, from the moment of birth,
• If the father is a Turkish citizen, they become Turkish citizens upon the recognition of paternity or the decision of paternity in court.

1.2. Acquisition of Turkish Citizenship Based on Place of Birth

Children born in Turkey who cannot acquire citizenship of another country due to the following reasons acquire Turkish citizenship from their birth.

These reasons are that the child’s mother and father are not known, he is stateless and he cannot acquire citizenship in accordance with national laws.

A child who has been in Turkey is considered born in Turkey unless proven otherwise. The found children who cannot express themselves due to their young age are registered in the population registers of the place where they are found by the authorities.

The subsequent acquisition of Turkish citizenship is possible through the decision of the competent authority, adoption or the exercise of the right to choose.

2.1. Acquisition of Turkish Citizenship by the Decision of the Competent Authority

The acquisition of Turkish citizenship by the decision of the competent authority is done in the following ways:

• Acquisition of Turkish citizenship in a general way
• Exceptional acquisition of Turkish citizenship
• Re-acquisition of Turkish citizenship
• Acquisition of Turkish citizenship through marriage

2.1.1. Acquisition of Turkish Citizenship by General Way

The general way for foreigners to be admitted to Turkish citizenship is the citizenship that is acquired when the foreigner who fulfills the conditions requests citizenship through application and the state accepts this request.

A foreigner who wants to acquire Turkish citizenship can acquire Turkish citizenship with the decision of the competent authority, if he meets the necessary conditions.

For foreigners to acquire Turkish citizenship:

• To be of legal age and discriminating power according to their own national law or, if they are stateless, according to Turkish laws,
• Having resided in Turkey for five years without interruption from the date of application,
• Demonstrate by their behavior that they have decided to settle in Turkey,
• Not having a disease that poses a danger to general health.
• Having good morals,
• Being able to speak Turkish enough,
• Having an income or profession to provide for themselves and their dependents in Turkey,
• They should not be in a situation that would constitute an obstacle in terms of national security and public order.

Behaviors showing that the person applying for citizenship has decided to settle in Turkey:

These are concrete behaviors that reveal the intention to settle in Turkey, such as buying real estate in Turkey, investing, establishing a business in Turkey or working in a workplace, marrying a Turkish citizen, applying as a family to acquire Turkish citizenship. In this context, citizenship applications of persons residing in Turkey for temporary purposes such as education, touristic or temporary business trips and treatment are not accepted.

Determining that the person applying for citizenship has good morals:

It is determined whether the person has good morals according to whether the person has been punished for crimes that disrupt the social order such as smuggling, fraud, theft or whether he has behaviors such as drug use and prostitution that are contrary to Turkish customs and family life. Likewise, being tried, convicted or detained for any crime is a reason for the rejection of the citizenship application.

The condition of not being in a situation that would constitute an obstacle in terms of national security and public order, In practice, it is determined by the registry research to be carried out by the National Intelligence Organization and the General Directorate of Security. It is determined that the person does not have a situation that will constitute an obstacle in terms of national security and public order, and this is done for all citizenship applications where this condition is sought.

• In addition to the above-mentioned conditions, foreigners who want to acquire Turkish citizenship may also be required to renounce their state citizenship. The determination of the principles regarding the use of this discretion is under the authority of the Council of Ministers.
• Applications for the acquisition of Turkish citizenship are made to the governor’s office in the country where the place of residence is located, and to foreign representative offices abroad, in person or with a special power of attorney regarding the exercise of this right.
• Carrying out the required conditions does not provide an absolute right to the person in the acquisition of citizenship.

2.1.2. Exceptional Acquisition of Turkish Citizenship

Foreigners with certain characteristics have been given the opportunity to acquire Turkish citizenship by exceptional means, even if they do not meet the general conditions sought for naturalization.

Foreigners who can acquire Turkish citizenship through exceptional citizenship:

• Those who have established an industrial facility in Turkey or who have passed or are thought to be performing extraordinary services in scientific, technological, economic, social, sports, cultural and artistic fields, and for whom a justified offer has been made by the relevant Ministries.
• Those who are deemed necessary by the Council of Ministers to acquire Turkish citizenship due to the necessity of international relations and the benefit of our country or for any reason.
• Those recognized as immigrants under the Settlement Law.

According to the Settlement Law, a migrant refers to a person who is of Turkish descent and who is attached to Turkish culture and who comes to Turkey alone or collectively to settle and is accepted as an immigrant in accordance with the Settlement Law. The Council of Ministers decides who belongs to Turkish ancestry and Turkish culture. Balkan immigrants were granted Turkish citizenship accordingly.

• Persons who apply for exceptional citizenship should not be in a situation that would constitute an obstacle in terms of national security and public order.
• Exceptional citizenship is granted with the proposal of the Ministry of Interior and the decision of the Council of Ministers, regardless of other conditions.

2.1.3. Re-acquiring Turkish Citizenship

People who have lost their Turkish citizenship for any reason can regain Turkish citizenship in two ways, depending on the residence condition or without the residence condition.

1. Re-acquiring Turkish Citizenship Without Requirement of Residence

Persons whose situations are stated below can regain Turkish citizenship by the decision of the Ministry of Interior, without the condition of residence in Turkey, provided that they do not have a situation that will constitute an obstacle in terms of national security:

• Those who lost their Turkish citizenship by obtaining a leave of absence,
• Those who have lost their Turkish citizenship against their will, depending on their parents, and have not exercised their right to vote within three years from their adulthood.

This is the way for people living abroad to acquire Turkish citizenship again, who have duly exited from Turkish citizenship and acquired the citizenship of their country of residence.

1. Re-acquisition of Turkish Citizenship Based on Residence Conditions

Those who previously had Turkish citizenship but lost their Turkish citizenship can acquire Turkish citizenship provided that they have resided in Turkey for three years.

• The authority for these people to acquire Turkish citizenship rests with the Council of Ministers.

Likewise, those who reside in Turkey and lose their Turkish citizenship by exercising their right to choose can regain their Turkish citizenship, provided that they have resided in Turkey for three years.

2.1.4. Acquisition of Turkish Citizenship by Marriage

Marriage with a Turkish citizen does not directly acquire Turkish citizenship. In order to claim Turkish citizenship based on marriage with a Turkish citizen, the applicant must have been married to a Turkish citizen for at least three years at the time of application and the marriage must continue. When these conditions are met, the person acquires the right to apply for Turkish citizenship “only”.

The foreign spouse who marries a Turkish citizen will have the right to apply to the competent authorities in order to acquire Turkish citizenship through marriage, in the presence of the above-mentioned prerequisites.

After the application prerequisites are fulfilled, the conditions sought for the foreign spouse to acquire Turkish citizenship;

• Living in family unity,
• Not engaging in an activity incompatible with the union of marriage,
• There are three basic conditions, namely, not to be in a situation that would constitute an obstacle in terms of national security and public order.

The determination of these essential conditions is made by the competent authorities.

In practice, criteria such as prostitution and mediation in prostitution are investigated in the determination of not engaging in activities incompatible with the union of marriage.

The authority to which the citizenship application is made sends the file, which includes its opinion as a result of the examination to be made, to the Ministry of Interior for a decision to be taken. With the citizenship decision to be given by the Ministry of Interior, the foreign spouse acquires Turkish citizenship.

Foreigners who acquire Turkish citizenship by marriage, if they have good intentions in getting married, retain their Turkish citizenship.

In the event that the marriage of a foreigner who has acquired Turkish citizenship by marriage is decided to be null and void, the question of whether he will retain Turkish citizenship is asked by the Ministry of Interior through the governorship of the city where the application is made.

In order for the marriage to affect the citizenship of the spouse, the existence of a legally valid marriage is necessary. In terms of the qualifications and conditions of marriage, the capacity and conditions of marriage will be determined according to the national law of each party. Marriages made in accordance with the license, conditions and formal rules are legally valid marriages, with the exceptions of marriages deemed contrary to Turkish public order and hull marriages.

2.2. Acquiring Turkish Citizenship Through Adoption

A minor foreigner who is adopted by a Turkish citizen can acquire Turkish citizenship provided that he does not have a situation that would constitute an obstacle in terms of national security and public order.

Whether the child to be adopted is an adult or not is determined according to the national law of the child, since it is a matter of driver’s license. If the minor has more than one nationality, it is checked whether he is an adult according to the laws of the country with which he is in close contact. If the adoption is not a ‘minor’ (minor child), the citizenship application is rejected without the need to investigate the existence of the other condition.

The determination of the condition that there is no situation that will constitute an obstacle in terms of national security and public order is made by the procedure explained in cases where Turkish citizenship is acquired in other ways with the decision of the competent authority.

2.3. Acquiring Turkish Citizenship with the Right to Choose

Persons who have lost their Turkish citizenship involuntarily depending on their parents can acquire Turkish citizenship by exercising their right to choose.

• Persons who have lost their Turkish citizenship due to their mother or father must apply for Turkish citizenship within three years from their adulthood in order to become a Turkish citizen again by using their right to choose.
• Persons who want to acquire Turkish citizenship by using their right to choose, use their right to vote by submitting a petition to the governorships in Turkey or to foreign representations abroad.

The acquisition of Turkish citizenship with the right to choose is not dependent on the acceptance decision of the competent authorities.

• Using the right to choose Turkish citizenship or leaving Turkish citizenship does not affect the citizenship of the spouse.

• Application for Turkish citizenship is made to the governorship of the place of residence in Turkey, and to the Republic of Turkey embassy, consulate general or consulates abroad.
• The application for Turkish citizenship can be made by the person who wants to acquire citizenship, or by a proxy who is given an official power of attorney. Applications made by post are not accepted. The application authorities do not have the authority to decide on the merits of the requests for naturalization.

The applicant authorities may determine whether the procedural requirements of the application have been fulfilled.

As a rule, the decision maker in the citizenship decision is the Ministry of Interior. However, the authority to decide on citizenship in the acquisition of Turkish citizenship through exceptional means belongs to the Council of Ministers. Likewise, the Council of Ministers is authorized to re-acquire Turkish citizenship of persons who lost their Turkish citizenship with the decision of forfeiture.

• In the application, the application authority transfers the file to the citizenship application review commission. The Investigation Commission consists of at least branch manager level representatives from the provincial directorate, provincial police department, provincial gendarmerie command, provincial national education directorate and social services provincial directorate, under the chairmanship of the provincial governor or the deputy governor to be appointed. The Commission examines the files sent to it by the application authority and determines whether the citizenship application requirements are met. The commission, which determines that the conditions sought in the law are fulfilled, prepares a report and sends it to the application authority to be sent to the Ministry of Interior. The applicant authority sends the prepared citizenship application file together with its own opinion to the Ministry of Interior for a decision on the merits of the request. The Ministry of Interior also makes an examination on the merits and imposes sanctions on the person’s request to acquire Turkish citizenship.

In cases where the competent authority for the acquisition of citizenship is the Council of Ministers, a judicial appeal against the decision is made at the Council of State.

An action for annulment can be filed before the competent administrative courts against the administrative decisions made by the Ministry of Interior regarding the acquisition of citizenship.

The duration of filing a lawsuit is sixty (60) days before the Council of State and administrative courts in cases where a separate period is not specified in special laws.

The appeal against the final decisions given by the administrative courts and the decisions of the Council of State as the court of first instance is made within 30 days from the notification date of the court decision.

A person who has been granted Turkish citizenship by the decision of the competent authority acquires Turkish citizenship as of the date of the decision of the competent authority. This person is subject to the rights and obligations of Turkish citizens from the date of the decision.

• Spousal consequences:The acquisition of Turkish citizenship by the decision of the competent authority has no effect on the citizenship of the other spouse.
• Consequences for children:The adult children of the person who has been granted Turkish citizenship by the decision of the competent authority are in no way affected by the Turkish citizenship of the mother or father. The acquisition of Turkish citizenship has consequences only for young children. The minor children of the person who acquires Turkish citizenship, who are in custody, acquire Turkish citizenship if the other spouse consents. In case the other spouse does not consent for the children to acquire Turkish citizenship, action is taken according to the decision of the court of the place where the parents’ habitual residence is located. The competent court decides by taking into account the interests of the child in the acquisition of Turkish citizenship, depending on the mother or father who acquired Turkish citizenship.
• Children who are not affected by their mother or father’s acquisition of Turkish citizenship can acquire Turkish citizenship by taking advantage of the general naturalization provisions, with the decision of the competent authority, after they come of age.
• Foreigners who have acquired Turkish citizenship can take Turkish names and surnames on condition that they make a request. There is no obstacle for them to use their previous names and surnames, provided that they use the letters used in the Turkish alphabet.

The loss of Turkish citizenship occurs through “decision of the competent authority” or “use of the right to choose”.

Persons who lose their Turkish citizenship are subject to foreign treatment from the date of loss. Although they are in foreign status, the legislator allows some people to exercise certain rights within the framework of Article 28 of the Turkish Citizenship Law. This situation will be examined in detail in the Blue Card regulation section.

1. AUTHORITY DECISION

Citizenship is lost as a result of the decision of the competent authority in 3 ways: “Removal”, “Loss” and “Cancellation of Naturalization”.

1.1. Emergence

Renunciation of citizenship is the situation in which a Turkish citizen renounces citizenship “on his own will” by obtaining “permission” and acquires the citizenship of another state, or simply relinquishes his Turkish citizenship and remains a citizen of the other country of which he is a citizen.

• The authority authorized to issue exit permit is the Ministry of Interior. The request to renounce citizenship alone does not produce results, and only if the Ministry allows renouncement of citizenship, there is loss of citizenship.
• For the request to quit, the person should apply to the governorship of the place of residence in the country, and to the foreign representative offices abroad.

A file consisting of the following documents is prepared by the application authorities for those who request permission to renounce their Turkish citizenship and meet the necessary conditions:

1. a) Form petition stating the request (VAT-9),
2. b) Identity registration sample taken from the system by the application authorities,
3. c) If the citizenship of another state has been acquired, notarized Turkish translation of the duly approved document showing this,

ç) If the citizenship of another state has not been acquired yet, the notarized Turkish translation of the duly approved guarantee document stating that they will be accepted to the citizenship of the foreign state they wish to acquire.

• The completed file is sent to the Ministry of Interior so that a decision can be taken.
• The person who applies to renounce citizenship is given a “removal permit” in order to renounce citizenship within 2 years. The citizen is obliged to renounce his citizenship within these two years and therefore to inform the foreign representatives abroad (embassy, consulate general) and the governorship of the place of residence, the documents that officially certify that he has acquired the citizenship of another country. Otherwise, the exit permit will become invalid.

The conditions for exiting citizenship in this way are as follows:

1. a) To be mature and have the power to distinguish. (The guardian’s permission is not sought.)
2. b) To have acquired the citizenship of a foreign state or to have convincing indications that it will acquire it. (If the person will become stateless by losing his Turkish citizenship, he will not be allowed to renounce his citizenship.)
3. c) Not to be a wanted person for any crime or military service.

ç) Not to have any financial or penal restrictions.

• The person who has renounced citizenship is in the status of “foreigner” from the moment he receives the “certificate of renunciation”. A person who loses his citizenship by obtaining a leave of absence has the right to receive a Blue Card if he has acquired Turkish citizenship by birth.
• The spouse of the person who has renounced citizenship remains a Turkish citizen.

For the children of the person who gave up citizenship;

1- If the person who renounces citizenship requests and his wife also consents to this request, the children also lose their citizenship.

2- If the person who has renounced his citizenship requests but his spouse does not accept it, the judge decides on this issue.

3- If both spouses have renounced citizenship, children also lose citizenship.

4- If one of the spouses has died; Children of parents who lose Turkish citizenship lose Turkish citizenship depending on their parents.

5- The children born outside the marriage union of the mother who lost her citizenship with the permission to leave lose their Turkish citizenship depending on their mother.

1.2. Forfeiting

It is the way to lose citizenship with the proposal of the Ministry of Interior and the decision of the Council of Ministers.

The Turkish citizenship of persons determined by the official authorities to have committed the following actions can be lost with the proposal of the Ministry and the decision of the Council of Ministers:

1. a) Despite the fact that they are notified by the foreign representatives abroad and by the local administrative chiefs in the country that they have to do any service that does not comply with the interests of Turkey and leave this duty, they are given this duty by their own will within a suitable period of not less than three months. those who do not leave.
2. b) Those who continue to work voluntarily without the permission of the Council of Ministers in all kinds of services of a state at war with Turkey.
3. c) Those who voluntarily do their military service in a foreign government service without obtaining permission.

• The competent authority here is the Council of Ministers. This decision regarding the person whose citizenship has been lost is published in the Official Gazette. The date of publication of the decision in the Official Gazette is counted as the date of notification and the decision of forfeiture shall have effect (effect) from that day.
• A person who loses his citizenship in this way can only enter Turkey with the permission of the Ministry of Interior.
• The spouse and children of the person who lost their citizenship in this way are not affected by this decision. The decision to forfeit is a completely binding decision.
• A person who loses his citizenship in this way cannot benefit from the Blue Card and its rights.
• Since the person who loses his citizenship will be considered a foreigner from the moment he loses his citizenship, if he has more assets than the upper limit that a foreigner can acquire in Turkey in terms of assets, these properties are liquidated.
• The person who has a decision of forfeiture has the opportunity to be naturalized again. The conditions for this are specified in the Turkish Citizenship Law.

1.3. Cancellation of Naturalization

The decision to acquire Turkish citizenship; If it has occurred as a result of the person’s false statement or concealment of important matters constituting the basis for acquiring citizenship, it is canceled by the authority that made the decision. The annulment decision takes effect from the date of the decision.

• If there are spouses and children who have acquired Turkish citizenship depending on the person whose naturalization has been cancelled, their citizenship is also cancelled.
• These persons become foreigners in Turkey. Since they did not acquire Turkish citizenship by birth, they do not have the opportunity to obtain a Blue Card and benefit from the rights it provides.
• If the cancellation decision also foresees the liquidation of the goods, the person concerned must liquidate their properties within 1 year. Otherwise, the liquidation process is carried out by the Treasury ex officio. In this case, the income is transferred to the account of the person concerned.
• In case of a judicial action against the annulment decision, the liquidation process is postponed until the end of the case.
• The person whose naturalization decision has been revoked can acquire Turkish citizenship within the framework of the conditions specified in Article 11 of the Turkish Citizenship Law.

Persons whose status is stated below can renounce their Turkish citizenship within three years from their maturity:

a) Among those who are Turkish citizens by birth due to parental lineage, those who acquire the citizenship of a foreign mother or father by birth or later.

b) Among those who are Turkish citizens due to parental lineage, those who acquire the citizenship of a foreign state on the basis of place of birth.

c) Those who acquire Turkish citizenship through adoption.

ç) Those who acquire the citizenship of their foreign mother or father, although they are Turkish citizens on the basis of place of birth.

d) Those who acquire Turkish citizenship depending on the mother or father who has acquired Turkish citizenship in any way.

• If a person who renounces Turkish citizenship with the right to choose will remain stateless – that is, if he cannot become a citizen of any state – by losing his Turkish citizenship, he cannot renounce Turkish citizenship by using his right to choose.

Those who want to renounce their Turkish citizenship by using their right to choose must apply in writing to the application authorities with a petition stating their wishes.

Upon the application, the notarized Turkish translation of the document, which is duly approved by the application authorities, showing the state citizenship acquired by the applicant, is attached to the petition and a copy of the population registration is attached and sent to the Ministry of Interior for a decision.

• Persons who lose their citizenship in this way become subject to foreign status as of the date of the decision that determines the existence of the conditions for exercising the right to vote. This decision is made by the Ministry of Interior.
• The effect of the loss on the spouse and children in this way is the same as the effect of the situation on the spouses and children of the persons who lost their citizenship through “Removal”.

In cases where the competent authority for the acquisition of citizenship is the Council of Ministers, a judicial appeal against the decision is made at the Council of State.

An action for annulment can be filed before the competent administrative courts against the administrative decisions made by the Ministry of Interior regarding the acquisition of citizenship.

The duration of filing a lawsuit is sixty (60) days before the Council of State and administrative courts in cases where a separate period is not specified in special laws.

The appeal against the final decisions given by the administrative courts and the decisions of the Council of State as the court of first instance is made within 30 days from the notification date of the court decision.