Acquiring Turkish Citizenship and the Process of Gaining Turkish Citizenship
The process of acquiring Turkish citizenship is a significant legal and bureaucratic step for individuals. Citizenship provides individuals with full legal rights and obligations in a country. It is a process compliant with the laws of the Republic of Turkey and can be achieved through several different methods. The Turkish Citizenship Law No. 5901 outlines the legal requirements and regulations for an individual to become a Turkish citizen.
Key Principles and Regulations of the Law
The Turkish Citizenship Law No. 5901 governs the acquisition of Turkish citizenship. There are several fundamental ways to acquire citizenship, including by birth, adoption, marriage, exercising the right of choice, and by decision of the competent authority.
Acquisition by Birth
The initial articles of Law No. 5901 detail various ways citizenship is acquired by birth. These processes generally fall into two main categories based on place of birth or descent: jus soli (right of soil) and jus sanguinis (right of blood).
Jus Soli (Right of Soil)
The jus soli principle allows an individual born in a country to acquire that country's citizenship. In Turkish law, this principle is applied in a limited manner. For instance, individuals born in Turkey who do not have the right to acquire another country’s citizenship can apply for Turkish citizenship based on this principle.
Jus Sanguinis (Right of Blood)
The jus sanguinis principle enables an individual to acquire Turkish citizenship if either parent is a Turkish citizen. This principle represents the transmission of Turkish citizenship through family from one generation to the next.
Special Circumstances of Citizenship by Birth
The law also regulates special cases of citizenship by birth, including:
Adoption
According to Article 5 and Article 9 of Law No. 5901, ‘Subsequent acquisition of Turkish citizenship is realized by the decision of the competent authority or by adoption or by exercising the right of choice.’ A foreign child adopted by a Turkish citizen becomes a Turkish citizen as of the date of adoption.
Foundlings
Children found in Turkey whose parents are unknown are considered Turkish citizens.
Acquisition of Citizenship by Choice
According to Article 25 of the Turkish Citizenship Law (TVK), minor children of those who renounce Turkish citizenship, with the consent of their spouses, have the right to choose Turkish citizenship when they come of age. As stipulated in Article 27 of the TVK, a minor loses citizenship upon the request of the renouncing parent and the consent of the other parent. If consent is not given, the decision will be made by a judge.
If both parents renounce Turkish citizenship, the child also loses Turkish citizenship. These children can regain Turkish citizenship within three years after reaching adulthood by exercising the right of choice. The acquisition of Turkish citizenship by the right of choice becomes effective from the date the decision to set the conditions for exercising this right is made.
Acquisition by Marriage
The acquisition of Turkish citizenship by marriage describes the process by which a foreign national married to a Turkish citizen can acquire Turkish citizenship, subject to certain conditions.
Role of Marriage in Citizenship Acquisition
A foreign national married to a Turkish citizen can acquire Turkish citizenship, provided certain conditions are met. Factors such as the authenticity and continuity of the marriage and the duration of the marriage are considered in this process.
Application Process
A foreign spouse wishing to acquire Turkish citizenship can apply after a certain period following the marriage. This process evaluates the applicant’s behavior during the marriage, compliance with legal obligations, and level of integration into Turkish society.
Criteria for Character and Integration
The law sets specific conditions for foreigners to be accepted into citizenship. These conditions demonstrate that the applicant is not malicious and does not pose a threat to public order and security. Additionally, signs that the applicant can sustain a life in Turkey and shows respect for Turkish society and values are sought.
Preservation of Citizenship and Termination of Marriage
The law regulates how Turkish citizenship is maintained in case of the termination of the marriage. A person who has acquired Turkish citizenship through marriage can retain citizenship under certain conditions, even if the marriage ends.
The law prescribes specific conditions for foreigners to be accepted for Turkish citizenship. These conditions demonstrate that the applicant is not malicious and does not pose a threat to public order and security. The citizenship preservation process includes administrative and legal procedures. From the application, the relevant authorities evaluate and decide whether citizenship can be preserved. Additionally, signs that the applicant can sustain a life in Turkey and shows respect for Turkish society and values are sought.
Acquisition by Decision of the Competent Authority
This method describes how competent authorities grant Turkish citizenship to foreign nationals who meet certain conditions.
General Principles
Law No. 5901 details the ways to acquire Turkish citizenship. According to Article 10 of the TVK, ‘A foreigner who wants to acquire Turkish citizenship and meets the conditions stated in this Law can acquire it by the decision of the competent authority. However, meeting the conditions does not grant an absolute right to acquire citizenship. The fundamental principles and rules to be applied in the subsequent acquisition of Turkish citizenship under this Law are determined by the Ministry after taking the opinions of relevant public institutions and organizations.’
The procedures and principles of this law are set out in Article 19 of the TVK, where a citizenship file is prepared on behalf of foreigners who meet the application requirements and sent to the Ministry for a decision. Following investigation and research by the Ministry, foreigners deemed suitable can acquire Turkish citizenship by the decision of the Ministry, while those deemed unsuitable have their requests rejected. According to Article 12 of the TVK, the citizenship acquisition process is carried out by the Ministry and decided by the Council of Ministers.
Role and Authority of the Competent Authority
The competent authority evaluates and decides on applications from individuals wishing to acquire Turkish citizenship. This process is carried out based on specific criteria and evaluations.
The Turkish Citizenship Law No. 5901 thoroughly regulates the process of acquiring Turkish citizenship. This process allows foreigners who meet the necessary conditions and submit the required documents to apply for Turkish citizenship. The application process involves specific steps and procedures, highlighting the importance of citizenship status as a legal and bureaucratic process in Turkey. The law aims to ensure that applicants are capable of adapting to Turkey's social, cultural, and economic structure and can make positive contributions to Turkey.
This article is for informational purposes only.
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