ACQUISITION OF TURKISH CITIZENSHIP
Turkish Citizenship Law No. 5901 clearly regulates the acquisition of Turkish citizenship. Pursuant to this legislation, it is possible to acquire Turkish citizenship by birth or later. Turkish citizenship acquired by birth is acquired on the basis of lineage or place of birth.
Turkish citizenship, which is acquired afterwards, is possible with the decision of the competent authority, adoption or the use of the right to choose.
1.ACQUISITION OF TURKISH CITIZENSHIP BY BIRTH
1.1.BY LINEAGE
The basis of Turkish Law is the acquisition of Turkish citizenship through lineage.
The lineage of the person born in the union of marriage is established with his parents from the moment of birth. In this case, if one of the parents of the person born in a marriage union is a Turkish citizen, the person will be able to acquire Turkish citizenship. It will be sufficient for the person’s mother or father to be a Turkish citizen by birth.
If the ancestry of the person born out of wedlock is; It is established with the mother from the moment of birth, and for the establishment of a lineage bond with the father, it will be possible with the recognition of the father or the court decision.
Here, it is sufficient that one of the parents of the person is Turkish at the birth of the person. The point to be considered in the application process is to examine whether the mother or father of the person was a Turkish citizen at the time of birth and decides on this condition.
1.2. BY PLACE OF BIRTH
Persons who were born in Turkey, but who cannot acquire foreign citizenship due to certain reasons, become Turkish citizens from their birth. In the acquisition of citizenship through Place of Birth, it is regulated that the person only acquires the citizenship of the country in which he was born, regardless of the citizenship of the mother/father.
The main issues here are that the person was born within the borders of the Republic of Turkey and could not acquire the citizenship of any country from the moment of birth due to his mother or father.
If the mother or father is born in Turkey, it will not have any effect on the child’s acquisition of Turkish citizenship. The place of birth of the mother or father, grandfather-grandmother does not matter in the acquisition of Turkish citizenship on the basis of place of birth.
The only thing that matters is that the child was born in Turkey and cannot acquire citizenship of any country through his mother or father. Nothing other than this is important, as we have repeatedly stated above.
- AFTER ACQUISITION OF TURKISH CITIZENSHIP
The decision of the competent authority of Turkish citizenship is possible with the right to adopt or choose. Here, the most applied way is the decision of the competent authority.
2.1. AUTHORITY DECISION
It is possible to acquire Turkish citizenship by marriage, exceptionally, in a general way and by re-acquisition, with the decision of the Competent Authorities.
2.1.1. General
The foreign person has the right to apply for Turkish citizenship according to the General Provisions. So that; A foreign person who meets the conditions specified in the law can apply to the Competent Authority.
Conditions to be met in order to acquire Turkish citizenship according to the General Provisions;
- Being mature and having the power to distinguish,
- Having resided in Turkey for at least 5 years uninterruptedly, retrospectively, as of the date of application,
- The foreign person does not have any situations contrary to national security and public order,
- There is no condition that will threaten general health,
- Respect for social values (no trial, conviction and/or detention).
- Speak Turkish at a sufficient level,
- Having an income that can make a full living,
- Being a situation that will support the purpose of settling in Turkey (establishing a business, purchasing real estate, starting education, etc.)
The most important element of the Turkish citizenship application in the general way is the requirement to reside in Turkey.
Pursuant to Article 15 of the Turkish Citizenship Law No. 5901, the residence condition is calculated by going back 5 years from the date of application for Turkish citizenship. A foreign person can stay abroad for a maximum of 12 months within 5 years from the date of citizenship application.
If these conditions are met, the foreign person can apply to the Competent Authority by providing the necessary documents and information. The status, application and documents of the foreign person making the application will be examined and decided on a case-by-case basis.
2.1.2. By Marriage
It is possible for a foreign person to apply for Turkish citizenship by marrying a Turkish citizen. Pursuant to Article 16 of the Turkish Citizenship Law No. 5901, the acquisition of Turkish citizenship through marriage is regulated.
A foreign person who is officially married to a Turkish citizen is entitled to apply for Turkish Citizenship after 3 years of marriage. The primary consideration in the process of applying for citizenship is that the marriage union of the foreign person and the Turkish citizen lasts at least 3 years and the marriage still continues.
The foreign person acquires the right to apply for Turkish citizenship after 3 years of marriage. It is possible to use the right to apply at the end of these 3 years or later.
Another important point is that there is no obligation to reside in Turkey during the marriage. It is possible for the parties to continue their marriage union residing abroad.
The basic conditions required in this process are;
- The parties live in family unity,
- The foreign person does not have any situations contrary to national security and public order,
- The parties should not engage in any activity incompatible with the marriage union.
With the fulfilment of these conditions, the process begins with the application to the Competent Authority.
The application can be made by the person in person or by a proxy with a power of attorney with the assistance of Turkish Citizenship Lawyers. The competent authority then evaluates the application, the documents submitted and the conditions.
The required documents vary according to the application, and the Competent Authority may request supporting documents for the determination of the marriage union.
We would like to emphasise that; Divorce or death of the spouse of the foreigner who acquired Turkish citizenship through marriage does not affect the citizenship of the foreigner who has acquired Turkish citizenship.
2.1.3. Exceptionally
The relevant regulation makes it possible to acquire Turkish citizenship in exceptional cases.
- Establishing an industrial facility in Turkey or bringing sports, cultural, artistic, etc. to the country. individuals who can provide exceptional service in the fields
- Persons with a need arising from international relations,
- Persons who are accepted as immigrants according to the Settlement Law,
- Persons who invest in Turkey as regulated in the relevant legislation, their spouses and dependent children under the age of 18,
- Turquoise Card holders, their spouses and dependent children under the age of 18
In this context, it is regulated as individuals who can apply for Turkish Citizenship exceptionally.
One of the most important issues when evaluating the applications is that the foreigner does not have to be in violation of national security and public order.
2.1.4. Again
Persons who have lost their Turkish citizenship for some reason can apply for Turkish citizenship again and regain it.
In some of these citizenship applications, a residence requirement may be sought.
In this way, the general condition for citizenship application consists of re-applying for Turkish citizenship of people who have renounced Turkish citizenship.
2.2. ADOPTION
It is based on the adoption of a minor foreign person by a Turkish citizen.
With the adoption of a foreign person under the age of 18, the person is entitled to apply for Turkish citizenship.
2.3. USE OF THE RIGHT TO CHOICE
Persons who have lost their Turkish citizenship due to reasons originating from their parents, without their own will, can apply for Turkish citizenship by using their right to choose.
Since these conditions have been determined, citizenship can be acquired in this way regardless of the decision of the competent authority.
You can consult ECMC Turkish Citizenship Law Firm for more information about acquiring a Turkish Citizenship. ECMC Law Firm. is an experienced Turkish law firm in Turkish Citizenship and Turkish Immigration.
