Turkish nationals living in countries that do not permit dual citizenship may find themselves obliged to renounce Turkish citizenship in order to acquire the citizenship of their country of residence. The Blue Card is the institution that prevents this choice from severing the tie with Türkiye altogether; despite having left citizenship behind, the card holder continues to enjoy the greater part of the rights granted to Turkish nationals.
Set out below are the legal nature of the card, the authorities to which the application is made and the documents it requires, the conditions sought, the rights attached to the card and the matters left outside its scope. Because the process involves more detail than it appears to at first sight, a single overlooked condition may render the application invalid.
Legal Nature of the Blue Card
The Blue Card is an identity document issued, upon request, to persons who acquired the citizenship of the Republic of Türkiye by birth and subsequently left that citizenship with permission, and which may be used in official transactions. The document functions as a substitute for the identity card. The person holding the card gains access to almost all of the rights granted to Turkish nationals.
The principal instruments governing the subject are the Turkish Citizenship Act No. 5901 and the regulation on the implementation of that act. Alongside these, the Valuable Papers Act No. 210 also applies as regards the financial dimension of the card.
How the Application Is Made
The application is submitted to the receiving authorities together with a petition setting out the request for the card, a photograph, and documents certified by official authorities establishing that a foreign state’s citizenship has been acquired. Provided that the file is complete and no circumstance contrary to the conditions is identified, the card is issued by the diplomatic missions abroad and by the civil registry directorates within Türkiye, and delivered to the person concerned.
Once the transaction is completed, the card holder and the descendants specified in the act are entered in the Blue Card Holders Register. The person’s Republic of Türkiye identity number is not changed upon this registration; the existing number is transferred to the register as it stands.
Where, by contrast, there is among the descendants a person who has never been a Turkish national, a new foreigner identity number is allocated to that person. Following this stage of the process, the card acquires the quality of being able to take the place of the identity card in all official transactions.
Who the Card Is Issued To
The majority of applicants are Turkish nationals who, having gone abroad for work, seek better living conditions and access to the political, social and economic advantages available there.
These persons first leave Turkish citizenship by way of permission and then become entitled to the card by completing the necessary applications. The opportunities the card affords are available not only to the card holder but also to the holder’s descendants up to the degree specified in the act.
Conditions Sought
A person who acquired Turkish citizenship by birth may become a card holder once the permission document relating to renunciation of citizenship has been obtained and the necessary applications completed. The conditions sought for the application may be listed as follows:
- Renunciation of Turkish citizenship must have taken place with the permission of the Ministry of the Interior, following the necessary applications. This condition means that persons whose citizenship has ended for a reason other than permission cannot apply; persons deprived of citizenship, for example, have no opportunity to apply for this card.
- The person must have been born in Türkiye, or one of the person’s parents must be a Turkish national. Turkish citizenship is thereby acquired at the moment of birth.
Conditions for Leaving Citizenship with Permission
The preliminary stage for the card is leaving citizenship with permission. A person who applies to that end and satisfies the conditions sought is granted a renunciation permission or a renunciation certificate by the Ministry of the Interior. The conditions required in order to leave citizenship with permission are as follows:
- Being of full age and possessing capacity of discernment. Full age is as a rule attained on completion of the eighteenth year; for those who have completed their fifteenth year, emancipation by court decision is also possible.
- Having already acquired the citizenship of a foreign state, or bearing credible indications that this will occur within a short period.
- Not being among the persons sought on account of any criminal investigation or compulsory military service obligation.
- The absence of any restriction decision of a financial or criminal nature issued in respect of the person.
Rights Granted to Card Holders
Persons who leave citizenship with permission and then conclude the process by completing the necessary applications may enjoy the greater part of the rights granted to Turkish nationals. The following may be given as examples of those rights:
- As regards professions such as law and medicine, which foreigners may not practise in the Republic of Türkiye, there is no impediment for card holders.
- Motor vehicles purchased abroad may be used in Türkiye by being registered with domestic number plates.
- Although holding a permanent public service post on the basis of an established position is prohibited, working in public institutions and organisations with the status of worker or contracted personnel is possible.
Rights and Obligations Left Outside the Scope
Although card holders are in many respects in the same position as Turkish nationals, certain matters have been left outside this scope. The headings that constitute exceptions are as follows:
- The obligation to perform compulsory military service
- The right to vote and to stand for election
- The right to hold public service posts in a substantive and permanent manner by appointment to an established position
- The right to import vehicles and household goods without paying customs duty
Cost of the Card
The costs relating to this item are essentially governed by the Valuable Papers Act. The amount determined accordingly is redetermined each year by the Ministry of Finance; the figure applicable for 2023 is TRY 83. In addition, further costs such as file and paper charges may arise. Depending on the particular features of the case at hand, expenses other than those listed here may also come into play.
Points to Be Aware Of
The nature of the card, how it is obtained, the authorities to which the application is made and the rights it affords its holder have been addressed above. As will be seen, the subject is one of high practical importance for Turkish nationals living abroad.
Even a minor procedural error made during the application may lead to serious losses of rights for the person concerned. For this reason, experienced legal support should be relied upon both at the application stage and thereafter.
Independent Legal Assessment
The most frequently encountered misconception is the belief that the card confers a status equivalent to citizenship. The card does not take the place of citizenship as regards appointment to an established public post or political rights; it does, however, mean that the restrictions applied to foreigners in areas such as the practice of a profession do not apply. The card is moreover specific to the case of leaving citizenship with permission; where the loss of citizenship rests on some other ground, the route of application is closed. The decisive stage is therefore the renunciation permission process conducted before the card application.
In a particular file, the following headings should be considered as a priority:
- Establishing by documentary evidence whether the renunciation of citizenship rested on permission
- Ascertaining in advance whether there is a military service obligation or an ongoing investigation
- Ensuring that the documents relating to the acquisition, or prospective acquisition, of a foreign state’s citizenship are duly certified
- Checking the position as regards registration in the Blue Card Holders Register and the identity number for the descendants
- Assessing the rights and obligations left outside the scope together, before any decision is taken
Independent Legal provides advisory services in processes ranging from applications for permission to renounce citizenship to Blue Card transactions and the exercise of the rights attached to the card.