The Turkish Citizenship Act No. 5901 regulates the establishment of the bond of citizenship along two main axes: a person becoming a citizen automatically at the moment of birth, and citizenship being acquired subsequently. The second group is itself divided into three. The first of these is acquisition based on a decision of the competent authority, the second is adoption by a Turkish citizen, and the third is the exercise of the right of option. The heading of acquisition by decision of the competent authority is likewise divided into sub-groups; the general route, the exceptional route, reacquisition and acquisition through marriage are all gathered under that roof.
Provided they meet the conditions required by the Act, stateless persons may acquire Turkish citizenship by the general route just as foreign nationals may.
A marked increase in the number of citizenship applications has been observed of late. A foreign or stateless person wishing to become a Turkish citizen may apply once they satisfy the conditions listed in the legislation. A critical distinction must, however, be underlined here: because the power to grant citizenship falls within the sphere of State sovereignty, satisfying all the conditions does not guarantee that the application will be accepted. A wide margin of discretion is conferred on the administration in this matter. That said, the discretionary power must be exercised within the bounds of the law. For that reason, where applications are refused without any reasons being given, or unlawfully, it is possible to obtain a result by bringing an action for annulment before the administrative courts.
Requirements for Acquiring Turkish Citizenship
The conditions a person applying by the general route is expected to satisfy are as follows:
- That there is no circumstance constituting an obstacle in terms of national security and public order
- That the person has resided in Türkiye for five uninterrupted years counting back from the date of application
- That the person has attained majority and possesses capacity of discernment under their own national law, or under Turkish law in the case of stateless persons
- That the person is able to speak Turkish to a degree sufficient to conduct social life
- That the intention to settle in Türkiye is demonstrated by the person’s conduct
- That the person does not carry a disease posing a danger to public health
- That the person is of good moral character
- That the applicant has an income or an occupation sufficient to provide for their own subsistence and that of their dependants
Documents Required in the Application File
For the citizenship file to be assembled, the application form, a birth certificate showing identity details and a document establishing marital status are submitted. To these are added the passport together with a notarised translation of it, two biometric photographs, and the original and a photocopy of a valid residence permit card. The file is completed with a medical report, documents establishing the applicant’s financial position, and the receipt for payment of the fee.
The Consequences of Acquiring Citizenship
A person admitted to citizenship by decision of the competent authority acquires that status as from the date of the decision. From that same moment they enjoy the rights conferred on Turkish citizens and are subject to the obligations imposed on them.
As regards the spouse: acquisition based on a decision of the competent authority does not directly affect the citizenship status of the other spouse. The spouse may, however, apply in their own name by preparing the necessary papers and documents. Following that application, the other spouse will also have acquired Turkish citizenship automatically.
As regards children: the adult children of the person admitted to citizenship are in no way affected by that decision. The effect arises only in respect of children who have not attained majority. To put it more plainly, the minor children of the person acquiring citizenship who are in that person’s custody may acquire Turkish citizenship, subject to the consent of the other spouse.
There is, moreover, no obstacle to foreigners who acquire citizenship taking a Turkish forename and surname should they so request.
Acquisition of Turkish Citizenship by Birth
Citizenship linked to birth arises automatically on the basis of descent or of place of birth, and takes effect from the moment of birth.
As regards the principle of descent, a child born within the union of marriage to a Turkish mother or father becomes a Turkish citizen irrespective of the country of birth. Where a child born outside the union of marriage has a Turkish mother and a foreign father, the child likewise acquires Turkish citizenship. Where, by contrast, a child born outside marriage has a foreign mother and a Turkish father, the acquisition of citizenship depends on the establishment of descent between father and child.
Under the principle of place of birth, a child who, although born in Türkiye, cannot acquire the citizenship of any State by birth because of their foreign mother and father is deemed to be a Turkish citizen from the moment of birth. A presumption should also be noted at this point: a child found in Türkiye is deemed to have been born in Türkiye unless an indication to the contrary emerges.
Acquisition by the General Route by Decision of the Competent Authority
The aim pursued by the State along this route is to secure the foreigner’s integration into society. For that reason, residence in the country of application for a certain period is required.
Acquisition by the general route is regulated in Article 11 of the Act and is also referred to in practice as acquisition of Turkish citizenship by way of long-term residence permit. The determining element along this route is that the foreigner has resided in Türkiye for five uninterrupted years counting back from the date of application. Those five years must be based on a lawful residence permit. Indeed, for a foreigner to benefit from this route they are expected to have remained in the country for five uninterrupted years on a long-term residence permit, a student residence permit or a family residence permit.
For the details, our note entitled Acquisition of Turkish Citizenship by Decision of the Competent Authority may be consulted.
Acquisition Through Adoption
Under Article 18 of the Turkish Citizenship Act No. 5901, a foreigner who is adopted by a Turkish citizen and who has not yet attained majority may acquire Turkish citizenship. Here too it is required that there be no circumstance constituting an obstacle in terms of national security and public order; otherwise the refusal of the request arises.
Acquisition by Exercising the Right of Option
Turkish citizens who satisfy the conditions required may bring the bond of citizenship to an end by seeking permission from the competent authority. Persons who lose their citizenship in this way, by obtaining permission to renounce it, are referred to in practice as Blue Card holders and continue to enjoy certain rights conferred exclusively on citizens. Provided they have not taken up Turkish citizenship, their children too enjoy the rights held by their mother and/or father.
In addition, the legislature has afforded the children of mothers or fathers who have left citizenship by permission to renounce it the opportunity to acquire citizenship through the right of option. These children lost their citizenship otherwise than by their own will, as a consequence of their parents’ position; for that reason they have been afforded a "right to opt for Turkish citizenship". They may acquire citizenship provided they apply within three years of the date on which they attain majority.
The legal basis in respect of these persons is Article 21 of the Act. Blue Card holding parents, for their part, may reacquire citizenship by the general route. For details on this subject, our article entitled Reacquisition of Turkish Citizenship by Blue Card Holders may be consulted.
Acquisition by the Exceptional Route
The exceptional cases for the acquisition of citizenship are regulated in Article 12 of the Turkish Citizenship Act No. 5901:
Turkish Citizenship Act No. 5901, Art. 12
"(1) Provided that they have no circumstance constituting an obstacle in terms of national security and public order, the foreigners specified below may acquire Turkish citizenship by decision of the President.
a) Persons who bring industrial facilities to Türkiye or who have rendered, or are considered likely to render, extraordinary service in the scientific, technological, economic, social, sporting, cultural or artistic fields, and in respect of whom a reasoned proposal has been made by the relevant ministries.
b) (Added: 28/7/2016-6735/Art. 27) Persons who obtain a residence permit pursuant to subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection No. 6458 of 4/4/2013, and holders of the Turquoise Card, and their foreign spouse and the foreign children of themselves and of their spouse who have not attained majority or who are dependent.
c) Persons whose admission to citizenship is deemed necessary.
d) Persons accepted as immigrants.
(2) (Added: 19/10/2017-7039/Art. 29) The requests of persons who have a circumstance constituting an obstacle in terms of national security and public order shall be refused by the Ministry."
The provision affords certain foreigners who do not satisfy the other conditions in the Act an exceptional opportunity to take up citizenship. In every case, however, it is a requirement that there be no circumstance constituting an obstacle in terms of national security and public order. Moreover, the acquisition of citizenship is conditional upon a decision of the President.
The best-known application of this route is the acquisition of citizenship through investment; for details, our article entitled Acquisition of Turkish Citizenship Through Investment may be consulted.
Acquisition Through Marriage
It is possible for a foreigner married to a Turkish citizen to acquire citizenship. Marriage does not, however, of itself give rise directly to a right to citizenship; the foreigner is also expected to satisfy the conditions in Article 16 of the Turkish Citizenship Act No. 5901. Accordingly, it is required that the marriage has subsisted for at least three years, that the spouses live within the family union, and that the foreigner has not engaged in activities incompatible with the family union. In addition to these, the condition that there be no circumstance constituting an obstacle in terms of national security and public order also applies.
For a detailed assessment, our note entitled Acquisition of Turkish Citizenship Through Marriage may be consulted.
Frequently Asked Questions
Is representation by a lawyer mandatory in citizenship proceedings?
Turkish law allows the parties to defend and represent themselves in person before the courts; save for limited exceptions, representation by counsel is not an obligation. Nor is there any obligation to work with an administrative law lawyer before the Administrative Courts. That said, the multi-layered structure of administrative law legislation and the fact that the time limits in the Administrative Procedure Act No. 2577 are both short and strict may lead, in processes conducted by persons who are not lawyers, to errors of form or substance that cannot be made good. We therefore recommend obtaining support from lawyers practising in the field of Administrative Law before any step is taken.
If the application is refused, can a fresh application be made?
Where the conditions required by the Turkish Citizenship Act No. 5901 are satisfied, it is possible to make a fresh application and to have the citizenship position reassessed.
Can existing citizenship be retained?
Whether a foreigner who acquires Turkish citizenship keeps their previous citizenship depends on whether their own country permits dual citizenship.
What is the difference between a residence permit and citizenship?
Obtaining a residence permit from a country is not the same as acquiring the citizenship of that country. The most marked distinction between the two is that a foreigner who acquires citizenship holds that State’s passport.
Can an application be made without a residence permit?
One of the most important conditions for acquiring citizenship is that the applicant holds a residence permit in Türkiye. A foreigner without a residence permit in Türkiye will not become entitled to Turkish citizenship.
Is it necessary to be in Türkiye throughout the process?
Applicants must be in Türkiye both on the day of application and on the day of the appointment. After that stage there is no obligation to remain in the country; persons authorised by a special power of attorney may follow up and conclude the application. However, in residence permit and citizenship applications the competent authorities may call the applicant to a face-to-face interview; in that event it is necessary to come to Türkiye.
What should be watched for in managing the process?
Acquiring citizenship requires that the legal process be correctly managed as a whole. The applicant is first expected to satisfy the conditions required. Beyond that, obtaining support from an experienced lawyer is important for ensuring that the documents are prepared completely and correctly and that the process is conducted in accordance with the proper procedure.
What is the time limit for bringing an action against a refusal?
A foreigner whose citizenship application is refused must bring an action before the administrative courts. The action must be brought within 60 days of the date on which the act was learned of or on which written notification was given. An action brought by a foreigner who allows that period to pass will be dismissed as time-barred.
Which court has jurisdiction?
Because decisions on citizenship applications are given by the Ministry of the Interior, the courts with jurisdiction are the Ankara Administrative Courts.
The Independent Legal Assessment
The most frequently observed misconception in citizenship applications is the assumption that satisfying the statutory conditions will produce the result automatically. In fact, the administration may give an unfavourable decision in the exercise of its discretion even where all the conditions are met. The construction of the file must therefore be built not merely on gathering documents, but on establishing the intention to settle, economic continuity and integration into society with concrete evidence.
Before the application and as the process continues, the following points in particular stand out:
- Determining at the outset which route of acquisition fits the concrete situation and building the file accordingly
- Documenting that the five years of uninterrupted residence rest on a type of permit demonstrating an intention to settle
- Calculating periods spent abroad so that the risk of interruption is measured in advance
- Ensuring that the documents relating to income, occupation and health are current and consistent with one another
- Preparing for the interview stage with regard to Turkish language proficiency and the integration criteria
- Monitoring the 60-day time limit for bringing an action, which runs from the date of service in the event of an unfavourable decision
Independent Legal provides legal advice and litigation services throughout the whole process, from the preparation of citizenship applications to the conduct of actions for annulment brought against refusals.