Where a person holds a citizenship bond with more than one state at the same time, everyday language calls this dual citizenship. Our legislation characterises citizenship as a legal bond established between the state and the individual without any distinction as to religion, race, sex or the like. Turkish citizenship is in some cases acquired automatically by birth, and in others acquired subsequently, subject to the fulfilment of particular conditions. At the same time, the notion of being the citizen of a single nation has been losing its former weight as world conditions change and mobility between countries accelerates; holding more than one citizenship is becoming steadily more common. In Turkish law this phenomenon is defined and accepted under the name “multiple citizenship” in Article 3(b) of the Turkish Citizenship Act No. 5901.
Just as every state has the power to determine the conditions under which its own citizenship is acquired, it may also regulate in its domestic law whether it permits the citizenship of another state to be held alongside its own. For this reason it may not always be possible for a person to hold the citizenships of the states of their choosing at the same time, because of the rules of the country to which the application is made. While some countries impose no restriction whatsoever on multiple citizenship, others have prohibited it outright, and others still have confined themselves to granting their own citizenship, on the basis of reciprocity alone, to the citizens of states that permit it.
In this briefing note we examine the legal content of the concept of citizenship, the ways in which Turkish citizenship is acquired, the conditions required for the status of multiple citizenship to arise, and the judicial route to be followed where the application is refused by the administration.
The Legal Content of the Concept of Citizenship
“Citizenship” has been a concept whose content has continually altered throughout history. Criteria such as belonging to the same faith, descending from a particular lineage or being of a particular sex have each played a part in defining the concept in different periods. Today, citizenship is defined as a person being attached to a state by a bond of citizenship.
This concept, which almost every state regulates at the level of statute, finds its counterpart in our country too, in Article 3 of the Turkish Citizenship Act No. 5901, by way of a definition of the Turkish citizen. Under subparagraph (ç) of Article 3 of the Act, a Turkish citizen:
Turkish Citizenship Act No. 5901, Art. 3(ç)
“means a person attached to the State of the Republic of Türkiye by a bond of citizenship.”
The form in which, and the moment at which, this bond is established are determined by the laws that states enact within the framework of their sovereign powers.
Ways in Which Turkish Citizenship Is Acquired
For the purposes of Act No. 5901, Turkish citizenship is essentially obtained along two lines: acquisition by birth and subsequent acquisition. Subsequent acquisition is itself divided into three. The first of these is acquisition based on a decision of the competent authority, the second is acquisition by way of adoption by a Turkish citizen, and the third is acquisition through the exercise of the right of option. Acquisition by decision of the competent authority is in turn subject to a separate sub-classification of its own; acquisition by the ordinary route, acquisition by the exceptional route, reacquisition and acquisition through marriage all fall under this heading.
Since the procedure by which citizenship is obtained is determined by each country’s own legislation, this diversity between national rules brings the phenomenon of dual (multiple) citizenship to the fore.
What Does Multiple Citizenship Mean?
Dual citizenship describes the situation in which a person holds a citizenship bond with more than one state at the same time. As noted above, the citizenship bond is a legal bond whose form and time of establishment are determined by laws enacted by states in the exercise of their sovereign powers. Where a person holds this bond with more than one state in the same period, the status commonly called dual citizenship, and known in statutory terms as “multiple citizenship”, arises.
The concept is defined as follows in Article 3 of Act No. 5901:
Turkish Citizenship Act No. 5901, Art. 3
“Multiple citizenship: means a Turkish citizen holding more than one citizenship at the same time.”
That Turkish legislation permits multiple citizenship is not sufficient on its own. If the laws of the other state with which the citizenship bond is to be established do not allow for this status, the status of multiple citizenship cannot arise.
Under What Conditions Does the Status of Multiple Citizenship Arise?
Since the citizenship bond is a legal bond, the power to determine how, when and on what conditions that bond is established belongs to states. Put differently, each state itself determines the grounds of establishment, such as marriage, adoption or a decision of the competent authority. This diversity across national legislation has opened the way for a person to hold more than one citizenship at the same time.
The following conditions are required for a Turkish citizen to obtain the status of multiple citizenship.
Having Acquired the Citizenship of Another State
In order to speak of multiple citizenship, the person must have established a citizenship bond with a state other than the one to which they are already attached. That bond is established within the framework of the legislation of the state whose citizenship is sought; unless such a bond is established with a second state, no status of multiple citizenship can be spoken of.
Recognition of the Status by Both States
A further condition required is that both states with which the citizenship bond is established have recognised multiple citizenship and permitted this status. As regards the Republic of Türkiye, this condition is satisfied, since dual citizenship is defined and adopted as “multiple citizenship” in Article 3(b) of the Turkish Citizenship Act No. 5901.
Compliance with the Notification Obligation
The final condition for the status to arise is that the information that the citizenship of another state has been acquired is communicated to the relevant institutions. The rule on this point is set out in Article 44 of the Turkish Citizenship Act No. 5901:
Turkish Citizenship Act No. 5901, Art. 44
“Where persons who acquire the citizenship of a foreign state for any reason submit the documents relating to their situation and it is established, as a result of the examination to be carried out, that they are the same persons on the register, an explanatory note stating that they hold multiple citizenship shall be entered in their records in the civil registry family registers.”
Under this provision, persons who obtain the citizenship of a foreign state are obliged to inform the administration by submitting the documents in their possession. Where, as a result of the examination conducted upon that notification, it is established that the persons concerned are the same persons on the register, an explanatory note that multiple citizenship is held is entered in the civil registry family registers.
Action for Annulment Where the Application Is Refused
As explained above, applications for the acquisition of multiple citizenship by persons who satisfy the statutory conditions are examined and decided upon by the administration. In certain cases the administration may refuse such requests on various grounds. The ground of refusal may be that the conditions laid down in the legislation are not met, or that the application was made with missing or incorrect documents, and it may equally be the administration’s exercise of its discretionary power.
Decisions of acceptance or refusal given by the administration on a citizenship application are, in essence, administrative acts. For this reason such acts must, in order to be regarded as lawful, contain within them all the elements they are required to bear. Administrative acts found to be defective in at least one of the elements of competence, form, ground, subject matter and purpose may be annulled by the court.
Persons whose request for multiple citizenship is refused may, if they consider that decision to be unlawful, bring an action seeking its annulment. The action is heard before the administrative court of the place where the administration that issued the decision is located. The time limit for bringing the action is 60 days from the date on which the decision of refusal is served on the person concerned.
Frequently Asked Questions
Is representation by a lawyer mandatory before the administrative court?
In Turkish law the parties may defend and represent themselves in person before the court; save for limited exceptions, appointing a representative is not compulsory. Nor is there any such requirement as regards the administrative courts. That said, the complex structure of administrative law legislation and the short and strict time limits in the Administrative Procedure Act No. 2577 may, where the process is conducted by persons who are not lawyers, lead to errors of procedure and substance that are difficult to remedy. It is therefore advisable to obtain support from lawyers practising in the field of administrative law before taking any step.
What are the main advantages of dual citizenship?
The most obvious opportunity the status offers its holder is that of holding two separate passports. A person carrying the passports of both countries may travel between them without obtaining a visa. In addition, the ability of dual citizens to acquire property in the countries of which they are citizens may be counted as a significant advantage.
How many types of dual citizenship are there?
Dual citizenship is gathered under four headings: regular dual citizenship, relative dual citizenship, implied dual citizenship and irregular dual citizenship. Of these, the type most commonly encountered today is regular dual citizenship.
How is the military service obligation of dual citizens performed?
The manner in which men one of whose citizenships is Turkish citizenship are to perform their military service duty is regulated by the Military Recruitment Act No. 7179. Accordingly, dual-citizen men who acquire Turkish citizenship subsequently are subject to the same rules as those who reach military service age in that year, on the basis of their age and educational status on the date they acquired citizenship. Upon their request, their military service may be deferred for 2 years.
Do Turquoise Card holders have a military service obligation?
The Turquoise Card is a status granting the right to reside and work in Türkiye indefinitely; it does not, however, confer a direct right to citizenship on its holder. For this reason Turquoise Card holders have no military service duty, whereas such an obligation does arise for holders of dual citizenship.
With which countries does Türkiye have a dual citizenship agreement?
Although Türkiye is among the countries that permit the status of dual citizenship, the number of states with which it has a specific agreement on the matter is four: Germany, Bulgaria, Albania and the United Kingdom.
Independent Legal Assessment
The point most often overlooked in multiple citizenship files is that the status cannot be assessed by looking to Turkish law alone. Since it is not sufficient on its own that Türkiye permits this status, the legislation of the second state must be examined at the same time. Neglecting the notification obligation under Article 44 of the Act, for its part, creates inconsistencies in the civil registry records and may give rise to unexpected problems in later identity, inheritance or military service procedures.
In a specific file, the following headings should be addressed as a priority:
- Researching, before the application is made, how the country whose citizenship is sought regards multiple citizenship
- Submitting the documents evidencing acquisition of the foreign citizenship in due form
- Following up whether the multiple citizenship note has been entered in the civil registry family register
- Assessing in advance, for male applicants, their military service status and the possibility of deferral
- Distinguishing, in decisions of refusal, the ground given by reference to the element of the act that is defective
- Not missing the 60-day time limit for bringing an action, which runs from the date of service
Independent Legal provides advisory and litigation services throughout the entire process, from the preparation of citizenship applications to actions for annulment brought against decisions of refusal.