The severance of the bond of citizenship at the person’s own request arises in practice for a single reason in most cases: the country the person wishes to move to does not permit dual citizenship. In that situation the person is obliged to leave Turkish citizenship in order to be admitted to the new citizenship, and once the prescribed procedure is completed that bond comes to an end in law.
Renunciation cannot, however, be reduced to a unilateral declaration of intention. The legislature has made this option subject to more than one condition, has left the power of decision to the Ministry of the Interior, and has structured the process around two separate documents. Below we examine those conditions, the application procedure, the documents issued, the consequences renunciation produces for family members, the legal remedies against an unfavourable decision, and the Blue Card status acquired after renunciation.
Conditions for Renouncing Citizenship
The provision governing renunciation of citizenship is contained in Article 25 of the Turkish Citizenship Act No. 5901. The conditions derived from that article are as follows:
- having capacity to act, that is, majority and the capacity of discernment,
- having already acquired the citizenship of a foreign state, or displaying credible indications that it will be acquired,
- not being among the persons sought on account of a criminal investigation or of military service obligations,
- not being subject to any restriction of a financial or criminal nature.
All of these conditions must be satisfied at the same time; the absence of one leads to the rejection of the request. The Ministry of the Interior is, moreover, vested with discretionary power in matters of renunciation of citizenship. It is the Ministry that will assess whether the applicant possesses the required qualities and take the final decision.
The conditions listed are addressed individually under the headings below.
Majority and Capacity of Discernment
Making a request for renunciation requires capacity to act; that capacity is composed of two elements, majority and the capacity of discernment, and each must be assessed separately.
For the purposes of the Turkish Civil Code, majority is as a rule attained upon the completion of the age of 18. In addition, a minor who has completed the age of 15 may be declared of full age by a court decision where there is a request from the minor and the consent of the legal guardian.
Another way in which majority is attained is marriage. What is meant here are persons who have completed the age of 17 and marry with the consent of their legal guardian, and those who have completed the age of 16 and marry with the approval of a court. Such persons continue to be regarded as of full age even if they divorce, or their marriage ends for another reason, before completing the age of 18.
The capacity of discernment, for its part, denotes the ability to act rationally. Under the Turkish Civil Code, everyone who is not deprived of that ability by reason of minority, mental illness, mental weakness, intoxication or similar causes possesses the capacity of discernment.
A person regarded as of full age and possessed of the capacity of discernment by these criteria may make an application for renunciation.
Foreign Citizenship Having Been Acquired or Credible Indications That It Will Be Acquired
Act No. 5901 requires, for renunciation by permission, that the citizenship of another state has been acquired or that there are serious indications that it will be acquired. The limits of this condition are set out in the Regulation on the implementation of the Act. Where foreign citizenship has already been acquired, a document establishing this — an identity document, for example — is regarded as sufficient.
Where foreign citizenship has not yet been acquired, a certified copy of the assurance document issued by the competent authorities of the state concerned and showing that citizenship will be granted must be submitted to the Ministry. That document serves as an official undertaking establishing that the person will be admitted to citizenship; an undertaking or a residence permit document issued by the state in question is an example. In this scenario a “renunciation permission document” is additionally issued to the applicant.
Not Being Sought on Account of an Offence or Military Service
The Act also stipulates, for renunciation permission to be granted, that the applicant must not be among the persons sought on account of any offence or of military service. The purpose here is clear: to ensure that the request to renounce citizenship does not serve to escape the penalty for an offence committed or the compulsory duty of military service.
The existence of an ongoing investigation or prosecution in respect of the applicant results in the rejection of the request. The fact that military service has not yet been performed is likewise a ground for rejection.
Absence of Financial and Criminal Restrictions
The final condition required for renunciation by permission is that there be no financial or criminal restriction in respect of the applicant. A financial restriction denotes the existence of an obligation of the person towards the state, such as a tax debt. A person having been convicted may be given as an example of a criminal restriction.
Those falling within the scope of a financial restriction remove that obstacle by paying public debts in the nature of taxes, duties and charges. Convicted persons, for their part, may make an application for renunciation once the execution of their sentence has been completed.
How Is the Application Made?
A request for renunciation of citizenship is submitted, within Türkiye, to the provincial directorate of civil registry and citizenship attached to the governorship and, abroad, to Turkish foreign missions. A citizen who satisfies the conditions and has prepared the necessary documents may make this application. The authority that will examine and conclude the file is the Ministry of the Interior, since discretionary power in renunciation requests belongs to the Ministry.
The documents that a person wishing to leave citizenship must submit to the administrative authorities are as follows:
- a petition containing the request for renunciation permission,
- 2 biometric photographs of the applicant taken within the last six months,
- an extract from the civil registry; that record is obtained by the competent authority through the system,
- where foreign state citizenship has been acquired, a document proving this (such as an identity document); where it has not yet been acquired, the assurance document in the nature of an undertaking issued by the competent authorities,
- where the applicant is also making a renunciation request for a minor child under their custody, the consent declaration of the other parent; where consent has not been given, a court decision.
The governorship or foreign mission receiving the documents compiles the file and forwards it to the Ministry of the Interior. The Ministry assesses together the entries in the state registers, the inquiry to be carried out by the General Directorate of Security and the documents submitted, determines whether the conditions are satisfied and takes its decision.
Before applying, it is necessary to be certain both that the required criteria are met and that the file is complete. Otherwise the request will be rejected and unnecessary expense will arise. For that reason there is benefit in consulting a lawyer specialised in the law on foreigners before taking any step.
Documents Issued to the Applicant
There are two types of document that may be issued by the Ministry to persons who request renunciation by permission and are found to satisfy the required conditions. These documents, contained in Article 26 of the Turkish Citizenship Act No. 5901, are the certificate of renunciation of Turkish citizenship and the permission document for renunciation of Turkish citizenship. These two documents are not issued together to the same person.
Renunciation Permission Document
The renunciation permission document is issued by the Ministry to applicants who are found to satisfy the conditions. This document is addressed to persons who, while having requested renunciation, have not yet acquired the citizenship of a foreign state but display credible indications that they will acquire it.
A person receiving this document does not thereby lose Turkish citizenship; a period of 2 years is granted to them. If the applicant acquires the foreign citizenship within that period, they apply — to the governorships within Türkiye and to the foreign missions abroad — with the documents proving this and request the certificate of renunciation. The certificate of renunciation is issued to them and the bond of citizenship comes to an end.
By contrast, where the citizenship of the foreign state cannot be acquired within 2 years, the permission document loses its validity; the person’s Turkish citizenship, meanwhile, continues. If the wish to leave persists, a fresh application must be made.
Certificate of Renunciation
A certificate of renunciation is issued by the Ministry of the Interior to persons who meet all the conditions for renunciation and prove that they have acquired the citizenship of a foreign state. A person receiving this document loses the status of Turkish citizen.
Consequences of Renunciation by Permission
The bond of citizenship between the person leaving citizenship and the Republic of Türkiye comes to an end; their entries in the civil and family registers are deleted. Such a person may no longer benefit from rights relating to voting and standing for election, military service, civil service posts and professions that may be practised only by Turkish citizens.
That said, the possibility of holding a Blue Card arises for the person leaving. In this way, even though the bond of citizenship has ended, the person attains a status that sets them apart from other foreigners. The details of the matter are addressed below.
The Legal Position of the Spouse and Children
Renunciation of citizenship has no direct effect on the citizenship status of the spouse of the person renouncing. Its repercussions may nevertheless be seen in areas other than citizenship. For example, the existing permit of a foreign spouse who obtained a family residence permit on the basis of the Turkish spouse is not cancelled; however, the extension request made when the permit period expires will not be accepted.
A second example concerns the process of acquiring citizenship: if there is a foreign spouse planning to acquire citizenship on the basis of the Turkish spouse, the possibility of acquiring citizenship by that route disappears once the Turkish spouse renounces citizenship.
Renunciation also has consequences for descendants, that is, children and grandchildren. Where the mother or father who leaves citizenship makes a request to that effect and the other parent consents, the minor child is likewise released from Turkish citizenship.
The relevant provision is contained in Article 27 of the Turkish Citizenship Act No. 5901:
Turkish Citizenship Act No. 5901 Art. 27
“…Where there is a request from the mother or father who loses Turkish citizenship and the other parent also consents, their children lose Turkish citizenship together with them. Where consent is not given, the matter shall be dealt with in accordance with the decision of the judge.”
The remainder of the article states that this provision will not apply where the child would become stateless as a result of leaving citizenship. The Act is constructed on a logic designed to prevent persons from becoming stateless. Accordingly, the child’s ability to leave citizenship depends on being able to become the citizen of another state.
In short, the minor child of a parent leaving citizenship may leave if the other spouse consents; where consent is not given, the judge determines the matter. These provisions apply only to minor children. Adult children wishing to leave citizenship must apply in their own name.
Objection and Action for Annulment Against a Rejection Decision
A renunciation request is rejected where the conditions required by the Act cannot be satisfied. The existence of a financial or criminal restriction in respect of the person is a typical example. In addition, the identification of a deficiency or error in the documents is also a ground for rejection.
Two avenues are open against a rejection decision: objecting to the administration or bringing an action for annulment before the administrative courts.
Both avenues are subject to a common time limit. That period is 60 days and begins to run from the day following notification of the rejection decision. An action may be brought where an objection has first been lodged against the decision and no result obtained, but recourse may equally be had directly to the courts. Where an objection is lodged with the administration, the time limit for bringing an action is suspended; if the objection produces no result, the period resumes running from where it stopped.
Objection
The applicant may lodge an objection by petition with the General Directorate of Civil Registration and Citizenship Affairs within 60 days starting from the day following notification of the rejection decision. The petition explains in which respects the rejection decision is considered unlawful. Upon the lodging of the objection, the 60-day period running for the bringing of an action is suspended.
The Ministry decides the objection within 30 days and notifies the outcome to the person concerned. If the objection is upheld, the renunciation formalities are carried out and the person loses Turkish citizenship. Where the objection is rejected or no response whatsoever is given for 30 days, an action for annulment may be brought within the remaining part of the 60-day period.
Action for Annulment
A person whose request is rejected has the right to bring an action for annulment within 60 days following notification of the rejection decision. The action is brought against the Ministry of the Interior.
Where the court of first instance dismisses the action, an appeal may be lodged within 30 days from the day following notification of the dismissal decision. The decision to be given by the regional administrative court as the appellate authority is final; no appeal on points of law lies against that decision.
The objection and litigation processes conducted against a rejection decision require technical legal knowledge. The details of the matter are addressed in our note on objection and the action for annulment against the rejection of a Turkish citizenship application.
Blue Card
A Blue Card is issued to persons who were Turkish citizens by birth and leave citizenship with renunciation permission. Those referred to as Blue Card holders are not Turkish citizens; they are, however, in a different status from other foreigners. Although they do not hold all of the rights enjoyed by Turkish citizens, they benefit from many opportunities not granted to foreigners.
This status is of particular importance for expatriates living in Europe. Those living in countries that do not accept dual citizenship, notably Germany, France and the Netherlands, leave Turkish citizenship in order to be able to acquire the citizenship of that country and become Blue Card holders.
Blue Card holders and their descendants up to the third degree — their children, grandchildren and great-grandchildren — benefit from all rights granted to Turkish citizens save for the exceptions in Article 28 of the Turkish Citizenship Act No. 5901.
Those exceptions are as follows:
- They may not benefit from the right to vote and to stand for election.
- They have no possibility of importing a vehicle or household goods free of duty.
- They may not be public officials in the capacity of civil servants; they may, on the other hand, be employed in public services as contracted personnel.
- They are under no obligation to perform military service.
Apart from these limitations, Blue Card holders have, as a rule, the same rights as Turkish citizens. They do not need to obtain a separate work or residence permit in order to work or reside in Türkiye.
No distinction is drawn in inheritance law either: Blue Card holders inherit from Turkish citizens, and Turkish citizens from Blue Card holders, under the same provisions. Nor are they subject to a regime different from that applying to Turkish citizens as regards the acquisition of movable and immovable property, obligations arising from contractual and non-contractual relationships, and commercial activities.
In order to benefit from these rights, a Blue Card must be requested. The Blue Card is an official document showing the person’s status and that they may benefit from the rights listed. Persons within this scope are given an identification number according to the principles to be determined by the Ministry, and that number is used wherever a Republic of Türkiye identification number is required.
An important facility granted to Blue Card holders is that they are afforded a simplified route should they wish to become Turkish citizens again. The details of that process and of the other aspects of the Blue Card are set out in our note on the acquisition of Turkish citizenship by Blue Card holders; the explanations concerning all the situations permitting the acquisition of citizenship are set out in our note on how Turkish citizenship is acquired.
Conclusion
Leaving citizenship by permission is a procedure made subject to a considerable number of conditions. Those who apply before having acquired foreign state citizenship in particular need to conduct the process with greater care. Where there is a deficiency in the required conditions or in the documents, the request may be rejected. To avoid encountering such outcomes, it is advisable to obtain support from a lawyer specialised in the law on foreigners.
Independent Legal Assessment
The problem most frequently encountered in renunciation files is that the difference between the two documents is overlooked. A person who receives the renunciation permission document is still a Turkish citizen and, if unable to use the two-year period at their disposal productively, will be obliged to begin the process afresh. The foreign state’s citizenship timetable and the period of the permission document therefore need to be planned together from the outset.
Another critical point is the indirect effect of renunciation on the rest of the family. Where there is a foreign spouse with a residence permit tied to the Turkish spouse or an expectation of citizenship, the decision to renounce affects that person’s status in practice, if not directly; equally, the question of consent must be resolved from the outset as regards minor children.
In a specific file, the following headings should be examined first:
- querying and clearing financial and criminal restrictions before the application,
- confirming the military service position and whether there is an ongoing investigation,
- obtaining the assurance document from the foreign authority in due form and duly certified,
- scheduling the two-year period of the permission document and carrying out a reassessment as the end of that period approaches,
- determining in advance the need for consent or a court decision in respect of minor children,
- managing together the 60-day objection and litigation periods against the possibility of rejection.
Independent Legal provides advisory services and conducts litigation throughout the entire process, from the preparation of applications for renunciation of citizenship to the exercise of the rights arising from Blue Card status.