1. Introduction
The acquisition of Turkish citizenship by foreign nationals has been made possible under Turkish law through various procedures. Among these, the most natural method is the acquisition of citizenship by birth. Indeed, a child born within a marital union to a Turkish citizen mother or father directly acquires Turkish citizenship. In cases of birth outside of marriage, the child likewise acquires Turkish citizenship provided that filiation with a Turkish citizen mother or father is established. In addition, foreigners adopted by a Turkish citizen may also acquire Turkish citizenship, provided that they satisfy the conditions prescribed by law. Without being limited to these methods, the possibility of acquiring Turkish citizenship through marriage is also recognized. Foreigners who have been in a marital union with a Turkish citizen for at least three years may acquire citizenship, provided that they fulfill the other legal requirements.
The subject matter of this study—namely, the acquisition of Turkish citizenship by decision of the competent authority—is regulated under Articles 10 and 11 of the Turkish Citizenship Law No. 5901. Article 10 of the Law stipulates that foreigners who wish to acquire Turkish citizenship may obtain it by decision of the competent authority, provided that they meet the conditions set forth therein. However, the fulfillment of these conditions does not confer upon the individual an absolute or vested right to acquire citizenship.
2. Acquisition of Turkish Citizenship by Decision of the Competent Authority (Article 10 of the TCL)
The acquisition of Turkish citizenship through the general procedure, in other words, naturalization based on long-term residence, is governed by Articles 10 and 11 of the Turkish Citizenship Law. Within this framework, foreigners who satisfy the conditions set out in the Law may acquire Turkish citizenship upon the evaluation and discretion of the competent authority.
As is clearly understood from the explicit wording of the provision, the mere fulfillment of the required conditions by the foreign applicant is not sufficient in itself. Indeed, as expressly stated in the first paragraph of Article 10, the existence of these conditions does not grant a direct right to citizenship. Accordingly, a foreigner who meets the relevant conditions may acquire citizenship only upon duly submitting an application and upon its assessment by the competent authority.
The authority competent to examine and decide upon applications is the Ministry of Interior. In this context, the final decision regarding the acceptance or rejection of citizenship applications is rendered by the Ministry. The conditions required for foreigners who seek to acquire Turkish citizenship through the general procedure, namely on the basis of long-term residence, are set forth in detail in Article 11 of the Law.
3. Conditions Required for Application (Article 11 of the TCL)
The existence of the conditions stipulated under Article 11 of the Turkish Citizenship Law does not grant a direct right to citizenship; rather, they constitute the necessary preconditions for the evaluation of the application. Pursuant to the said provision, the following requirements are sought in foreigners who wish to acquire Turkish citizenship:
- To have legal capacity and the power of discernment in accordance with their national law, or, if stateless, in accordance with Turkish law;
- To have resided in Türkiye continuously for five years preceding the date of application;
- To demonstrate, through conduct, the intention to settle in Türkiye;
- Not to have any disease constituting a danger to public health;
- To be of good moral character;
- To have a sufficient command of the Turkish language;
- To have an income or profession sufficient to provide for themselves and their dependents, if any;
- Not to pose an obstacle in terms of national security and public order.
3.1. Legal Majority and Capacity of Discernment
The applicant must possess legal majority and the capacity of discernment. This is determined in accordance with the applicant’s national law. In the case of stateless persons, the assessment shall be made in accordance with Turkish law.
3.2. Continuous Residence for Five Years
One of the fundamental conditions for the acquisition of citizenship by decision of the competent authority is that the applicant must have resided in Türkiye continuously for five years preceding the date of application. This requirement is regarded as an indication of the foreigner’s intention to settle permanently in Türkiye.
3.2.1. Nature of Residence (Intention to Settle)
The residence requirement prescribed by law necessitates the existence of lawful residence. Periods spent without a valid residence permit are not taken into consideration within this scope. Moreover, not all types of residence permits demonstrate an intention to settle. Indeed, Article 16 of the Regulation on the Implementation of the Turkish Citizenship Law expressly provides that applications submitted by persons under asylum or refugee status, those residing for touristic purposes, or those present in Türkiye for education or medical treatment shall not be accepted.
In this regard, residence permits that reflect an intention to settle are taken as a basis, and in practice, long-term residence permits and family residence permits are particularly evaluated within this scope. Other types of residence permits, by their nature, do not contribute to the fulfillment of this requirement.
3.2.2. Completion of the Five-Year Period
The five-year residence period must be completed retrospectively from the date of application. Periods that have not yet been completed as of the application date, even if they may be completed during the application process, are not taken into account. The legislator has clearly clarified this matter by using the expression “preceding the date of application.”
3.2.3. Continuity Requirement
The requirement of continuous residence does not mean that the foreigner must not leave Türkiye at all during the five-year period. Pursuant to the provisions of the Regulation, it is permissible for the applicant to stay outside Türkiye for periods not exceeding a total of six months within this timeframe. Periods spent abroad not exceeding six months continue to be counted within the residence period.
3.2.4. Determination of the Residence Period
The determination of the residence period is made on the basis of residence permit records issued by the relevant provincial security directorates, as well as official documents indicating entry to and exit from Türkiye. On the basis of these documents, it is established whether the applicant has fulfilled the required period.
3.3. Confirmation of the Intention to Settle through Conduct
The applicant must demonstrate the intention to settle permanently in Türkiye through their conduct. The Regulation provides certain examples of conduct indicating such intention. These include acquiring immovable property in Türkiye, establishing a business, making investments, transferring commercial activities to Türkiye, being employed under a work permit, marrying a Turkish citizen, applying as a family, or completing education in Türkiye.
3.4. Health Requirement
The applicant must not have any disease that poses a danger to public health, particularly of a contagious nature.
3.5. Good Moral Character
Pursuant to the Regulation, acting with a sense of responsibility required by social life, exhibiting conduct that inspires trust in one’s surroundings, and not having habits that are not accepted by society are considered within the scope of the requirement of good moral character.
3.6. Turkish Language Proficiency
The applicant must be able to speak Turkish at a level sufficient to adapt to social life. This proficiency is determined through an evaluation conducted by the relevant commission.
3.7. Means of Subsistence
The foreigner is required to have an income or profession sufficient to provide for themselves and, where applicable, their dependents. This requirement is important in demonstrating the individual’s economic independence.
3.8. National Security and Public Order
The applicant must not have any condition that would constitute an obstacle in terms of national security and public order. This requirement is particularly prescribed for the protection of state security and public order.
4. Conclusion
In conclusion, Article 10 of the Turkish Citizenship Law regulates the acquisition of Turkish citizenship by decision of the competent authority, while Article 11 sets forth the conditions required in this context. Within the framework of these provisions, foreigners who meet the necessary conditions may acquire Turkish citizenship in accordance with the decision to be rendered within the discretionary power of the Ministry of Interior.