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August 17, 2021 | Viewed: 334

Conditions for acquiring Turkish citizenship

Turkish Citizenship Law No. 5901 dated 05/29/2009

ARTICLE 5 – (1) Turkish citizenship may be by birth or acquired.

Turkish citizenship by birth

ARTICLE 6 – (1) Citizenship by birth is acquired automatically by blood or place of birth, the right to citizenship in such cases appears immediately after birth.

Citizenship by blood

ARTICLE 7

  1. Children born to a Turkish citizen mother or father in marriage, both on the territory of Turkey and all of it, are Turkish citizens.
  2. Children born to a Turkish citizen mother and a foreign father out of wedlock are Turkish citizens.
  3. Children born to a Turkish father and a foreign mother out of wedlock, subject to confirmation of the paternity of the citizen, also acquire Turkish citizenship.

Place of birth

STARTING 8

A child born in Turkey, but who does not receive any other citizenship from his mother or father, is a Turkish citizen by birth.

Acquired Turkish citizenship

ARTICLE 9

  1. Acquired Turkish citizenship is acquired on the basis of a decision of the authorized bodies or by adoption or using the right of choice.
  2. Decision of the Council of Ministers of 11.02.2010 No. 2010/139 Regulation on the Implementation of the Law on Turkish Citizenship.

ARTICLE 14

  1. Acquisition of Turkish citizenship on the basis of a decision of the authorized bodies is possible on the basis of the following conditions:
    a) Acquisition of Turkish citizenship on general terms.
    b) Acquisition of Turkish citizenship under exceptional conditions.
    c) Restoration of lost Turkish citizenship.
    ç) Acquisition of Turkish citizenship on the basis of marriage with a citizen

ARTICLE 10

Foreign citizens wishing to acquire Turkish citizenship may acquire Turkish citizenship subject to the conditions listed in this law, by decision of the authorized bodies.

However, compliance with all the required conditions does not ensure the absolute right to acquire citizenship.

Conditions giving the right to apply / to acquire citizenship on a general basis/:

ARTICLE 11

  1. Foreign citizens wishing to acquire Turkish citizenship are required to meet the following conditions:
    a) Be of legal age under the laws of their State or, for stateless persons, under the laws of Turkey, as well as have legal capacity,
    b) To reside continuously in Turkey for five years in the countdown from the date of application,
    c) To confirm by deeds their decision to reside in Turkey,
    c) Do not have diseases that pose a danger to society,
    d) Have high morals,
    e) Have a sufficient command of the Turkish language,
    f) Have a profession or income sufficient to ensure residence in Turkey for themselves and their dependents,
    (g) To have no obstacles to obtaining citizenship from the point of view of national security and public order,
  2. Foreign citizens wishing to acquire Turkish citizenship, in addition to complying with the above conditions, may be required to withdraw from the citizenship of another State. The application of this requirement may be used at the discretion of the Council of Ministers.

ARTICLE 15 – Calculation of the period of continuous residence.

Residence of a foreigner in Turkey is considered to be residence in Turkey on the basis of an appropriate residence permit. The period of stay of a foreign citizen applying for Turkish citizenship should not exceed six months in total for the specified period. The exception is absence from the country due to fulfilling a civic duty or being treated abroad. In case of interruption of the period of continuous residence in Turkey or when switching from one type of residence permit to another, the previous period of residence is not counted.

“When calculating the continuous period, the period of residence on the basis of a student residence permit, the period of residence of students is counted for half a year, the period of residence on other grounds is counted in full.”
Applications for citizenship are not accepted from citizens who live and have residence permits in Turkey on the basis of temporary education, for the purpose of tourism, as a person accompanying a child studying in Turkey.

Article 12 – Exclusive grounds for acquiring Turkish citizenship.

  1. The foreigners listed below can acquire Turkish citizenship at the suggestion of the ministries, and by decision of the Council of Ministers, provided that there are no obstacles from the point of view of national security and public order.
    a) Persons who have imported industrial complexes into Turkey or persons who have rendered or may render invaluable services in the scientific, technological, economic, social, sports, cultural and art fields, to whom a reasoned proposal from the relevant ministry is received.
    (b) Persons who need to be granted citizenship.
    (c) Persons accepted as refugees.

ARTICLE 13 – Restoration of Turkish citizenship without conditions of residence in the country.

  1. The foreigners listed below can be restored to Turkish citizenship by decision of the Council of Ministers without conditions of residence in Turkey, provided that there are no obstacles from the point of view of national security and public order.
    a) Those who have lost Turkish citizenship due to voluntary renunciation of citizenship.
    (b) Children of parents who have lost Turkish citizenship who have exercised the right of choice provided for in article 21.

ARTICLE 14 – Restoration of Turkish citizenship on condition of residence in the country.

  1. Foreigners who have lost their Turkish citizenship on the basis of article 29 may be restored to Turkish citizenship by a decision of the Council of Ministers, and those who have lost their citizenship on the basis of article 34 – by a decision of the Ministry of Internal Affairs, subject to a fixed continuous period of residence in Turkey (see ARTICLE 15) and in the absence of obstacles from the point of view of national security and public order.

ARTICLE 16 – Acquisition of citizenship on the basis of marriage with a Turkish citizen.

  1. Marrying a Turkish citizen does not give the right to immediately acquire Turkish citizenship. However, a foreign citizen who has been officially married to a Turkish citizen for at least three years, whose marriage has not broken up, has the right to apply to the authorized bodies to acquire Turkish citizenship.
    The applicant for citizenship must meet the following requirements:
    a) Reside in a marital union,
    b) Not to engage in activities incompatible with the marriage union,
    c) Not to pose a threat to national security and public order.
  2. In the event of the death of the spouse of a Turkish citizen, which occurred after applying to the authorized bodies for the acquisition of Turkish citizenship, the requirement of paragraph (a) is canceled.
  3. Foreigners who acquired Turkish citizenship on the basis of marriage with a Turkish citizen, upon remarriage concluded with pure intentions, retain Turkish citizenship.

Thus, on the basis of marriage with a Turkish citizen, a foreign citizen can apply for Turkish citizenship 3 years after the official conclusion of marriage and RESIDENCE IN a MARRIAGE UNION. At the same time, there is no categorical requirement to live in Turkey.

If a foreigner lives and has a residence permit in Turkey, he applies for citizenship to the authorized bodies in Turkey, if the foreigner lives abroad – to the Turkish consular department in the territory of the state of residence. But on the mandatory condition that the spouse is a Turkish citizen who lives with him in this country.

ARTICLE 17 – Acquisition of Turkish citizenship by adoption

A minor foreign child adopted by a Turkish citizen may acquire Turkish citizenship from the date of the relevant decision, in the absence of obstacles from the point of view of national security and public order.

TEMPORARY ARTICLE 1 – Foreigners originating from Turkic nationalities.

For foreigners originating from Turkic nationalities, the necessary period of continuous residence in Turkey provided for in paragraph (b) of article 11 before 31/12/2010 was a period of two years, for foreigners originating from Turkic nationalities who applied for citizenship after 31/12/2010, this period is also five years.

However, even now, belonging to the Turkic peoples, which a foreigner can document, is considered as an additional factor for making a positive decision. In addition, Turkey periodically launches citizenship acquisition programs on exceptional terms for representatives of certain nationalities (for example, for the Uighurs of East Turkestan or Meskhetian Turks).

ARTICLE 31 – Revocation of acquired Turkish citizenship.

In case of revealing the facts of providing false information or concealing facts that prevent a foreigner from acquiring citizenship, the authorized body that made the decision to grant citizenship to a foreigner will annul this decision.

ARTICLE 32 – Entry into force and consequence of the decision to revoke citizenship.

The decision on revocation of citizenship comes into effect from the date of its issuance. The decision to revoke citizenship also applies to the spouse and children who have acquired Turkish citizenship together with this citizen.

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