Turkish Citizenship Law has two separate classifications: Turkish citizenship is acquired by birth or later. According to the law, acquiring citizenship by birth is the primary way of acquiring citizenship. Acquiring citizenship later is described as vested citizenship. In other words, Turkish citizenship is essentially acquired by birth; If Turkish citizenship is not acquired by birth, then citizenship can only be acquired according to the provisions of acquisition of citizenship later.

Acquiring Turkish Citizenship by Birth

In accordance with the provisions of Article 6 and the following of the Turkish Citizenship Law, the basic principle in acquiring Turkish citizenship is through lineage. In other words, in Turkish law, it is essential to acquire citizenship based on blood. Accordingly, a child born to a Turkish citizen mother and/or Turkish citizen father automatically acquires Turkish citizenship at birth. To reiterate, for the child to acquire Turkish citizenship at birth, it is sufficient for either parent to be a Turkish citizen.

While this is the procedure for acquiring citizenship for children born within the marriage union, the Law makes a distinction for children born outside the marriage union. Accordingly, since the lineage of a child born to a Turkish mother and a foreign father outside of marriage is established at birth, this child will automatically acquire Turkish citizenship at birth. However, there is a special issue in the acquisition of Turkish citizenship by a child born to a Turkish father and a foreign mother outside of marriage. According to Article 7 of the Law, in this case, the child will acquire citizenship only by establishing a lineage bond between the child and the father.

In addition, the Law also regulates the acquisition of Turkish citizenship based on land as an exceptional method. Accordingly, a child born in Turkey who cannot acquire the citizenship of any country at birth due to his/her foreign parents is a Turkish citizen from birth. The main purpose of acquiring citizenship based on place of birth is to prevent children born in Turkey from becoming stateless.

After regulating the acquisition of citizenship by place of birth, the law adopted a presumption for children living in Turkey. According to this presumption, which is accepted as the presumption of being born in Turkey, a child who has been in Turkey is deemed to have been born in Turkey unless it is proven otherwise. More clearly, whether a child was born in Turkey or not, a child who has been in Turkey is deemed to have been born in Turkey, unless the contrary is proven. This provision aims to prevent statelessness by allowing the acquisition of citizenship on the basis of place of birth.

Acquiring Turkish Citizenship Later

Turkish citizenship, also known as vested citizenship and acquired based on certain legal reasons other than birth, is clearly regulated in the law. Cases of subsequent acquisition, regulated in Article 9 and the following of the Turkish Citizenship Law, are ruled as acquisition by the decision of the competent authority, acquisition through adoption and acquisition through the use of the right to choose.

• Acquisition of Turkish Citizenship by Decision of the Competent Authority

In acquiring citizenship by the decision of the competent authority, the Law foresees two separate ways: acquisition of Turkish citizenship in general and acquisition of Turkish citizenship exceptionally. It should be noted that citizenship will be valid from the moment it is acquired by the decision of the competent authority. In addition, the Turkish administration has discretion in case of acquisition of both citizenships. More clearly, even if a person meets the conditions stipulated by law for Turkish citizenship, the competent authority, the Ministry of Internal Affairs, has an unlimited discretion based on the right of sovereignty. The limit of this discretion that the Turkish administration has is judicial review. Those who think that they meet the necessary conditions for naturalization can apply to the judiciary against the rejection decision of the Ministry of Internal Affairs.[1]

In order to acquire Turkish citizenship in general, it is necessary to meet the conditions stipulated in the Law. However, the Law clearly stipulates that meeting the prescribed conditions will not provide the person with an absolute right to acquire citizenship, thus emphasizing the discretionary power of the administration on this matter. In accordance with Article 11 of the Turkish Citizenship Law;

(1) For foreigners who want to acquire Turkish citizenship;

a) To be an adult and have the power to distinguish according to his own national law, or if he is stateless, according to Turkish laws,

b) Residing in Turkey for five uninterrupted years from the date of application,

c) To confirm with his behavior that he has decided to settle in Turkey,

ç) Not having a disease that poses a danger to general health,

d) Having good morals,

e) Being able to speak Turkish sufficiently,

f) To have an income or a profession that will provide a living for oneself and one’s dependents in Turkey,

g) Not to be in a situation that would pose an obstacle in terms of national security and public order,

Conditions are required.

In addition, the Turkish Citizenship Law has made it possible for individuals with certain qualifications to acquire Turkish citizenship exceptionally, without requiring them to meet the conditions stipulated in Article 11. According to the law, the acquisition of Turkish citizenship through an exceptional means depends on the decision of the President. Therefore, the president has discretionary power on this issue. In accordance with Article 12 of the Turkish Citizenship Law;

1) The following foreigners can acquire Turkish citizenship by the decision of the President, provided that there is no obstacle to national security and public order.

a) Persons who bring industrial facilities to Turkey or who have achieved or are expected to provide extraordinary service in the scientific, technological, economic, social, sports, cultural and artistic fields and for whom a reasoned offer has been made by the relevant ministries.

b) Foreigners who have a residence permit in accordance with subparagraph (j) of the first paragraph of Article 31 of the Foreigners and International Protection Law No. 6458 dated 4/4/2013 and Turquoise Card holders and their foreign spouses, and their and their spouse’s minor or dependent foreign children.

c) Persons whose naturalization is deemed necessary.

d) Persons accepted as immigrants.

(2) The requests of those who pose an obstacle in terms of national security and public order are rejected by the Ministry.

• Regaining Turkish Citizenship

The law grants the right to regain Turkish citizenship to some people who were previously Turkish citizens but lost their citizenship. Article 13 of the law regulates the reacquisition of Turkish citizenship without the residence requirement. According to the provision;

(1) Provided that there is no obstacle to national security, the following persons may regain Turkish citizenship by the decision of the Ministry, regardless of the duration of residence in Turkey.

a) Those who lost their Turkish citizenship by obtaining an exit permit.

b) Those who lost Turkish citizenship due to their parents and did not exercise their right to vote within the period stipulated in Article 21.

• Acquisition of Turkish Citizenship through Marriage

Acquiring Turkish citizenship through marriage is also one of the ways to acquire Turkish citizenship later by the decision of the competent authority. Therefore, marrying a Turkish citizen does not directly grant the person Turkish citizenship. In order for marriage with a Turkish citizen to grant Turkish citizenship to a person, the foreign spouse’s request and the decision of the Ministry of Internal Affairs are required. In accordance with Article 16 of the Law;

(1) Marriage to a Turkish citizen does not directly confer Turkish citizenship. However, foreigners who have been married to a Turkish citizen for at least three years and whose marriage continues can apply to acquire Turkish citizenship. In applicants;

a) Living in family unity,

b) Not to engage in any activity that is incompatible with the marital union,

c) Not to be in a situation that would pose an obstacle in terms of national security and public order,

Conditions are required.

(2) If the marriage ends after the application due to the death of the Turkish citizen spouse, the condition in paragraph (a) of the first paragraph is not required.

(3) Foreigners who acquire Turkish citizenship through marriage retain their Turkish citizenship if the marriage is declared null and void if they are in good faith.

As can be clearly understood from the provision, a spouse who applies for citizenship by marrying a Turkish citizen can acquire Turkish citizenship even in the event of the death of the Turkish citizen spouse. In such a case, the condition of living in a family unit stipulated by the law is not required.

In addition, the law stipulates that even if the marriage is declared null and void, the spouse who acquires citizenship through marriage will retain Turkish citizenship, provided that he or she is in good faith.

• Acquisition of Turkish Citizenship through Adoption

Acquiring Turkish Citizenship through adoption is also possible with the decision of the Ministry of Internal Affairs. In other words, in order for the adopted person to acquire Turkish citizenship, it is not sufficient for the adopted person to meet the conditions stipulated in the law, and the decision of the Ministry of Internal Affairs is required.

A minor adopted by a Turkish citizen can acquire Turkish citizenship as of the date of the decision, provided that there is no obstacle to national security and public order. It is controversial whether the decision date here is the adoption date or the decision date on which citizenship was acquired. However, the general opinion is that citizenship will be acquired not at the time of adoption, but with the decision of the Ministry of Internal Affairs regarding the acquisition of citizenship.

• Acquisition of Turkish Citizenship with the Right to Choose

One of the ways to acquire Turkish citizenship later is to acquire citizenship through the right to choose. According to the law, minor children under the custody of people who renounce Turkish citizenship by obtaining permission also renounce Turkish citizenship with the consent of the other spouse. In this case, children who lose Turkish citizenship due to their mother or father renouncing Turkish citizenship can acquire Turkish citizenship by exercising their right to vote within three years of reaching adulthood.

According to Article 21 of the Turkish Citizenship Law;

  In accordance with Article 27, children who lose Turkish citizenship due to their parents can acquire Turkish citizenship by exercising their right to vote within three years after they reach adulthood.

Although the law contains the phrase ‘they can acquire’, in this case the acquisition of citizenship does not depend on the decision of any authority. Those who have the right to choose, use this right to acquire Turkish citizenship, regardless of the decision of any other authority.

REFERENCE

Erdem, Türk Vatandaşlık Hukuku, Beta Publisher, 2020

Turkish Citizenship Law and Related Legislation

[1] Erdem, Türk Vatandaşlık Hukuku, Beta Publisher, 2020, p.122