Turkish citizenship is acquired not according to a single template, but by satisfying the conditions of one of the options recognised by the Turkish Citizenship Act No. 5901 and by making a request in due form on that basis. Whichever option is chosen, preparing the file in full is a factor that bears directly on the outcome.
The picture encountered in practice is generally this: the applicant holds the substantive conditions, but because of a missing document in the file or an application made to the wrong authority the process is extended by months, and at times results in a refusal decision. This is why a citizenship application is to be approached as a technical exercise in file preparation.
In this briefing note we address, one by one, the routes to acquisition provided for by the Act, together with the conditions required for each route; and then where and how the application is to be made, the documents required, the stages of the process, the time taken for it to be determined, and the legal remedies that may be pursued in the event of an adverse decision.
The General Framework of Becoming a Turkish Citizen
A foreign national making a citizenship request must satisfy the criteria laid down in the Act and in the implementing Regulation. The absence of even one of these criteria will lead to the request being determined adversely. The Act does not provide a single list of conditions; each route to acquisition has its own set of conditions.
The principal routes by which citizenship may be acquired under the Turkish Citizenship Act may be listed as follows:
- Acquisition based on descent through the mother or the father,
- Acquisition based on five years of uninterrupted residence,
- Acquisition through marriage to a Turkish citizen,
- Acquisition by making an investment of specified amounts,
- Acquisition through being accepted as an immigrant,
- Acquisition based on holding a Turquoise Card,
- Reacquisition of citizenship previously lost,
- Acquisition through the exercise of the right of option within time.
Each of these routes is explained separately, together with the conditions required, under the headings below.
Acquisition Based on Five Years of Uninterrupted Residence
A foreign national who, counting back from the date of application, has been present in Türkiye uninterruptedly for at least 5 years may make a citizenship request. That period is not, however, sufficient on its own; under Art. 11 of the Turkish Citizenship Act, the following conditions are required to be satisfied together:
- Being of full age and having the capacity of discernment; majority is determined according to the law of the State to which the person is subject,
- Having resided in the country without interruption for 5 years, calculated backwards from the date of the application,
- Manifesting the intention to settle in Türkiye and demonstrating that intention by one’s conduct,
- Not carrying any illness posing a risk to public health,
- Being of good moral character,
- Having a command of Turkish sufficient to conduct daily life,
- Having an occupation or source of income capable of providing for oneself and one’s dependants,
- Having no circumstance constituting an impediment in terms of public order and national security.
The operation of the process relating to this route, the obtaining of documents and other details are addressed in a separate note on acquiring citizenship through five years of residence.
Acquisition Through Marriage to a Turkish Citizen
The effect of marriage on citizenship is regulated in Article 16 of the Turkish Citizenship Act. The underlying logic of the provision is this: marriage does not confer citizenship of its own accord and directly; a marital union maintained together for a certain period is required. Four conditions are assessed together in an application by this route:
- That the marriage to the spouse who is a Turkish citizen has subsisted for at least 3 years,
- That the spouses continue to live within a family union; where the Turkish citizen spouse dies after the application has been made, this condition is not required,
- That there is no activity incompatible with the marital union,
- That there is no circumstance giving rise to an objection in terms of national security and public order.
A foreign national who satisfies these four conditions together acquires the right to apply. At this point the documents must be gathered in full and the process conducted in accordance with the proper procedure. The details of the subject are examined in the note titled becoming a Turkish citizen through marriage.
Acquisition by Making an Investment
There are several alternatives for acquiring citizenship through investment, and each alternative has its own threshold and procedure. The foreign national is expected first to determine the type of investment best suited to their own circumstances, and then to complete the requirements relating to that type. The accepted types of investment are as follows:
- Acquiring immovable property to a value of at least USD 400,000,
- Making a fixed capital investment of at least USD 500,000,
- Holding a deposit of at least USD 500,000 with banks,
- Purchasing government debt instruments to a value of at least USD 500,000,
- Acquiring investment fund participation shares to a value of at least USD 500,000,
- Providing employment to at least 50 persons in Türkiye.
Among these options, the purchase of immovable property for USD 400,000 stands out in that it involves a large number of procedural steps of its own. The application stage cannot be reached until these procedures, provided for in the Act and the Regulation, have been completed; the details of the process are explained in the note on Turkish citizenship by purchasing real estate for USD 400,000. Information on the other types of investment appears under the heading Turkish citizenship through investment. Whichever method is chosen, the condition that there be no circumstance giving rise to an objection in terms of national security and public order applies here as well.
Acquisition Through Being Accepted as an Immigrant
Under this route, the person concerned makes an application by completing the required documents. The creation of the file is carried out by the provincial directorate of public works and settlement; the file so prepared is forwarded to the Ministry of Interior. Citizenship is then acquired by decision of the President.
The concept of an immigrant is defined as follows in sub-paragraph 3(1)(g) of the Regulation:
Regulation on the Implementation of the Turkish Citizenship Act, Art. 3(1)(g)
“A person who is of Turkish descent and attached to Turkish culture, who comes to Türkiye alone or collectively with the intention of settling, and who is accepted as an immigrant under the Settlement Act No. 5543”
Persons falling within the scope of the definition may make a citizenship request by this route. Here too it is required that there be no circumstance constituting an impediment in terms of public order and national security.
The Position of Turquoise Card Holders
Under the provision in Act No. 5901, a foreign national holding a Turquoise Card, together with that person’s spouse and the minor or dependent child of that person or of the spouse, may, upon their request, be granted Turkish citizenship by the exceptional route.
A document showing the relationship with the Turquoise Card holder is issued to the card holder’s spouse and dependent children. The foreign national holding the card, for their part, obtains the possibility of benefiting from the rights conferred by an indefinite work permit in the same way.
The Turquoise Card is initially issued for a transitional period of 3 years. Where that period is completed without difficulty, the card is made indefinite upon the request of the foreign national, and from that stage onwards a citizenship application based on the card may be made. Citizenship may be acquired where the applicant and the relatives listed above have no impediment in terms of public order and national security. Detailed explanations concerning the conditions and scope of the card appear in the note titled Turquoise Card.
Reacquisition of Lost Citizenship
The route of reacquisition is open to persons who were previously Turkish citizens and have lost that capacity. The first field of application of this route concerns persons who have left citizenship of their own volition. The second field of application concerns children whose citizenship came to an end as a result of their mother or father renouncing citizenship.
A foreign national who has left citizenship by way of renunciation and of their own free will may reacquire citizenship without any period of residence being required. The only additional condition required is that there be no circumstance constituting an impediment in terms of national security and public order. The details of the subject are examined in the note titled the return of Blue Card holders to Turkish citizenship.
Where the mother and father leave citizenship, the child also loses that capacity; the child is, however, afforded a right of option. For a person who does not exercise that right within 3 years of attaining majority, the route of reacquisition comes into play. The condition that there be no impediment in terms of public order and national security applies in this case as well.
Exercise of the Right of Option
Children whose mother and father leave Turkish citizenship by way of renunciation lose their citizenship. Such children are, by contrast, afforded the possibility of regaining citizenship by exercising the right of option within 3 years after attaining majority. When majority occurred is determined according to the law of the State of which the applicant is a national.
The right of a person who misses this three-year period does not come to an end altogether; as explained under the previous heading, it is possible for them to make use of the route of reacquisition without a residence condition being required.
Where and How Is the Application Made?
The citizenship request is submitted, once the necessary documents have been completed, to the governorship of the province in which the foreign national resides. The service charge must be paid at the cash desk before the application; the receipt evidencing payment is added to the file and forwarded to the governorship. For persons abroad, the authority to be addressed is the missions of the Republic of Türkiye.
The authority to which the application is to be made is regulated in Article 37 of the Turkish Citizenship Act:
Turkish Citizenship Act, Art. 37
“Applications relating to the acquisition of Turkish citizenship… shall be made, within the country, to the governorship of the place of residence and, abroad, to the missions abroad, in person or by a power of attorney relating to the exercise of this right.”
Two matters are decisive at this stage: the completeness of the documents and whether the conditions required by the Act are genuinely satisfied. In addition, the file must be closely monitored throughout the administrative process. Working with a lawyer specialised in the field of immigration law is of assistance in ensuring that this monitoring is properly conducted.
Documents Required for the Application
The documents required differ according to the route of acquisition chosen; there are, nonetheless, documents that must be submitted in common in all applications. Preparing the file incompletely creates a risk that may result in the refusal of the request.
The documents required in every application, irrespective of the route of acquisition, are as follows:
- The form petition setting out the request,
- 2 biometric photographs,
- A passport or a document in lieu of a passport,
- A birth certificate or civil registry record extract,
- Where the date of birth is incomplete, the document obtained by the applicant from the competent authority in their own country in order to remedy that deficiency, or a document showing that consent has been given to the deficiency being completed,
- A document proving that the service charge has been paid at the treasury cash desk.
Documents additionally required in an application through marriage:
- The civil registry record extract of the Turkish citizen spouse,
- Where the place of residence is in Türkiye, the most recent residence permit document,
- Where a judgment of conviction has been rendered against the applicant, a certified copy of the relevant judgment.
Documents additionally required in an application through investment:
- A document showing marital status; where there is a marriage, the marriage certificate, in the case of divorce the divorce judgment, and in the case of widowhood the death certificate of the deceased spouse,
- For married applicants, the civil registry record extract, birth certificate and similar documents establishing the family tie with the spouse and children,
- Where there is a relative who is a Turkish citizen in the first or second degree, the civil registry record extract of such persons,
- The title deed record, valuation report and other supporting documents relating to the immovable property acquired,
- The compulsory earthquake insurance policy,
- 1 biometric photograph of the person transferring the immovable property,
- Any and all documents proving the existence of the investment on which the application is based.
Documents additionally required in an application through five years of residence:
- A document showing marital status,
- Where there is a relative who is a Turkish citizen in the first or second degree, the civil registry record extract of such persons; that record is obtained through the system by the administrative authority to which the application is made,
- A medical report showing that the applicant does not carry an illness that would endanger public health,
- A document establishing the applicant’s income or occupation,
- A document obtained from the provincial police directorate showing the dates of entry to and exit from Türkiye,
- The residence permit document,
- Where there is a decision that an offence has been committed, a certified copy of the relevant court judgment.
Documents additionally required in an application through descent:
- Where the child was born in Türkiye, the birth certificate proving this,
- The birth record,
- A document showing that the child has not acquired the citizenship of any State through the mother or the father,
- Where the mother and father are stateless, a document proving that circumstance.
Documents additionally required in an application through reacquisition:
- A document showing marital status,
- Where there has been a change in marital status after leaving citizenship, a document relating to that change,
- Where the applicant is married and has children, a document proving the tie with such persons,
- A document showing the changes that have occurred in identity particulars after the loss of citizenship.
Documents additionally required in the exercise of the right of option:
- A document showing the marital status of the person who is to exercise the right of option,
- Where there has been a change in marital status after the loss of citizenship, a document establishing this,
- Where there is a marriage and there are children, a document proving the tie with such persons,
- A document showing the changes that have occurred in identity particulars after the loss,
- A document showing that the service charge has been paid at the treasury cash desk.
These documents, determined according to the route of acquisition chosen, must be to hand at the moment the application is made to the governorship or the mission abroad. If a deficiency is identified in the file, the applicant is given notice to complete it; once the documents are complete, the process proceeds from where it left off.
Stages of the Application Process
A citizenship application consists, in chronological order, of the following steps:
- Satisfying the conditions required for the route of acquisition chosen,
- Obtaining the documents specific to the relevant route,
- Paying the charge provided for the type of application at the treasury cash desk and obtaining the receipt,
- Applying, within the country, to the civil registry directorate within the governorship and, abroad, to the mission of the Republic of Türkiye,
- Submitting supplementary information and documents where requested by the administration,
- Forwarding the file to the police directorate for archive screening,
- Sending the file, once the screening result has been returned, to the Directorate General of Civil Registration and Citizenship Affairs within the Ministry of Interior,
- Inviting the applicant to an interview before the commission,
- Assessment by the commission of all findings and impressions obtained from the beginning of the process,
- The taking of the final decision on the request; that decision is taken, depending on the case, by the Ministry or by the Presidency,
- Service of the decision on the applicant.
Some of these steps are the responsibility of the applicant and some that of the administration. Completing the steps falling to the applicant accurately, in full and in accordance with the proper procedure enables the outcome to be obtained more quickly.
How Long Does the Application Take to Be Determined?
Citizenship applications are determined on average within 1-2 years.
The period nevertheless varies according to the procedure of the route of acquisition chosen. For example, finding and purchasing a suitable immovable property requires a lengthy preparatory period, whereas opening an account with a bank may be completed in a much shorter time.
Checking the Stage of the Application
The point the file has reached can be followed, and a very practical method has been developed for this. The foreign national who has made the application can see the stage at which the file stands through the website of the Directorate General of Civil Registration and Citizenship Affairs.
An application number is needed for the enquiry. This number may be obtained from the missions abroad, from the provincial civil registry directorates or from the Directorate General of Civil Registration and Citizenship Affairs. Entering the number into the system displays the status of the application.
Objection and Action for Annulment Against a Refusal Decision
A citizenship request may be refused on various grounds. Failure to satisfy the conditions required by the Act, a deficiency of documents in the file, or an error in the procedural steps are foremost among those grounds. A refusal decision opens to the applicant both the administrative objection route and the judicial route.
Administrative Objection
An objection may first be made to the administration against a refusal decision. The period allowed for this is 60 days from the day following service of the decision. The objection petition must set out clearly the reasons for which the decision is considered unlawful. The administration may accept the objection and may equally refuse it; where no reply is given for 30 days, the objection is deemed to have been refused.
Action for Annulment
A refusal decision may also be made the subject of an action for annulment brought before the administrative court. The applicant may, if they wish, first exhaust the objection route and then bring the action, or may go directly to the judicial route. The respects in which the unlawfulness of the decision is asserted must be reasoned in the statement of claim. The period for bringing the action is 60 days from service of the decision.
Where the objection route is used first, the period for bringing the action is suspended; if no favourable outcome is obtained from the objection, the period continues to run from where it left off. The details of these two routes are addressed in the note titled objection and action for annulment against the refusal of a Turkish citizenship application.
Consequences of Subsequent Acquisition for the Spouse and Children
The subsequent acquisition of citizenship does not affect the status of the spouse or of a child of full age. No change occurs in the citizenship position of those persons.
The position is different as regards a minor child; the child is affected by the acquisition of citizenship by one or both of the parents. Several possibilities arise here:
- Where the mother and father acquire citizenship together, the child becomes a citizen as well.
- Where only one of the parents acquires citizenship, the child’s becoming a citizen depends on the consent of the other parent.
- Where consent is not given, an application may be made to the judge of the place where the mother’s or father’s habitual residence is located.
- It is not possible for the child to acquire citizenship through a parent who does not hold custody.
- Where one of the parents has died and the other acquires citizenship, the child becomes a citizen as well.
- In the case of a child born outside marriage, the acquisition of citizenship by the mother results in the child becoming a citizen as well.
Renunciation of Turkish Citizenship
Act No. 5901 affords Turkish citizens the possibility of leaving citizenship. That possibility is not, however, unconditional: the person must be in a position to acquire the citizenship of another State, failing which the request is refused.
Persons who leave citizenship with permission to renounce are issued with a Blue Card, provided that they request one. All aspects of the subject are examined in the note titled renunciation of Turkish citizenship.
Annulment of Turkish Citizenship
There are various circumstances that may lead to the annulment of citizenship acquired. The subsequent disappearance of the conditions of application, it becoming apparent that those conditions were never satisfied from the outset, or a finding that the file was created with forged documents may be given as examples of such circumstances.
The routes of objection and of an action for annulment may be used against an annulment decision as well, according to the specific circumstances. Detailed explanations of the grounds of annulment and of how the process operates after the decision appear in the note titled annulment of Turkish citizenship.
Conclusion
An application for Turkish citizenship may rest on many different grounds, and each ground brings with it its own list of documents and its own procedure. An omission or error at these stages may lead to the process being extended and may equally result directly in a refusal decision. It is therefore appropriate for the process to be structured with expert assistance from the outset.
Independent Legal Assessment
In citizenship files, the factor that determines the outcome is most often not a substantive deficiency but the wrong route having been chosen or the documents having been drawn up incorrectly. More than one route of acquisition may be open to the same foreign national at the same time; in that case, assessing at the outset which route will produce a result more quickly and with less risk determines the whole of the process.
Where the process results in a refusal decision, the objection and litigation periods must be managed together. The suspension of the litigation period by the objection route is a technical detail frequently overlooked in practice and capable of leading to the loss of a right.
The headings to be given priority in a specific application are as follows:
- Assessing comparatively all of the routes of acquisition that fit the applicant’s circumstances,
- Verifying in advance, by entry and exit records, that the period of residence was uninterrupted,
- Documenting, in applications through investment, the threshold amounts and the conditions for maintaining the investment,
- Listing the common documents and the route-specific documents separately and completing them before the application,
- Resolving from the outset the status of minor children and, where necessary, the question of consent,
- Diarising the 60-day objection and litigation periods against the possibility of an adverse decision.
Independent Legal provides advisory services across the whole of the process in disputes arising from immigration law, from the preparation of the citizenship application to the conduct of an action for annulment brought against a refusal decision.