In the ordinary route to Turkish citizenship, the most common ground of application is that the foreign national has lived lawfully in Türkiye for a certain period. The Turkish Citizenship Act No. 5901 sets that period at five years and attaches a number of further conditions to it.
A misconception frequently encountered in practice is that the expiry of the five years is in itself sufficient. In fact the period is only one of the criteria sought; a series of conditions ranging from legal majority to Turkish language proficiency, and from means of subsistence to the security assessment, must all be satisfied at the same time. The absence of any one of them results in the rejection of the application.
In this briefing note we examine one by one the conditions sought in the acquisition of citizenship by residence; we address how the period is calculated, the documents that must be present in the file, the administrative course of the application, the expected assessment period, the remedies available against a decision of refusal, and the effect of acquisition on family members.
Conditions for Acquiring Citizenship by Residence
Article 11 of the Turkish Citizenship Act No. 5901 makes the acquisition of citizenship by this route subject to several conditions. In summary, the criteria sought by the Act are as follows: that the applicant has attained legal majority and possesses the capacity of discernment under the legislation of his or her own State; that he or she has spent five years uninterruptedly in Türkiye; that he or she displays conduct demonstrating an intention to settle in the country; that he or she has no illness posing a threat in terms of public health; that he or she is of good moral character; that he or she is able to speak Turkish; that he or she has an occupation or income sufficient to provide for his or her own subsistence and that of any dependants; and finally that there is no impediment concerning him or her in terms of national security and public order.
The failure to satisfy any one of these criteria removes the possibility of applying, even where the residence period has been completed. For this reason it should be separately confirmed, before the file is prepared, that all of the conditions are met.
Legal Majority and Capacity of Discernment
The first condition of the application is that the foreign national making the request has attained legal majority and possesses the capacity of discernment. The existence of these two attributes is determined not according to Turkish law but according to the foreign national’s own national law.
The age of majority may vary from country to country; while in Türkiye that age is 18, the legislation of some States sets it at 21. A national of a country where the age of majority is 21 cannot apply before reaching that age. Where, on the other hand, the applicant holds no State nationality, the assessment is made according to Turkish law.
Spending the Five Years Uninterruptedly in Türkiye
The second fundamental condition is that the five-year period has not been interrupted and that throughout that period the foreign national has resided in Türkiye. The period is calculated backwards, taking the date of application as the basis.
What is meant by residence here is presence in the country with a lawful status. Periods spent by the foreign national in Türkiye without any legal basis are not taken into account in the calculation of the five-year period.
NOTE: The requirement of continuity does not mean that the country may never be left. Being abroad for a total not exceeding 12 months within the five-year period does not prevent the residence condition from being satisfied.
Conduct Demonstrating an Intention to Settle in Türkiye
That the applicant holds an intention to settle in the country is also among the conditions sought. How that intention is to be established, and which forms of conduct will count as an intention to settle, have been clarified in the Regulation.
The conduct given in Article 15 of the Regulation as examples of an intention to settle includes working at a workplace on the basis of a work permit, making an investment, establishing a business in Türkiye, moving a commercial or business centre located abroad to Türkiye, and acquiring immovable property in the country.
A foreign national who displays one of these forms of conduct is deemed to have fulfilled the condition of an intention to settle. Even where none of those listed has been carried out, the foreign national is accepted as having an intention to settle if one of the following circumstances is present:
- Having completed his or her education in Türkiye,
- Having a mother, father, sibling or child who has acquired Turkish citizenship,
- Making the application together as a family,
- Having married a Turkish citizen.
Absence of an Illness Threatening Public Health
Another criterion sought for admission to citizenship is that the applicant does not carry an illness posing a risk in terms of public health. The condition sought by the Act is expressed as follows:
Turkish Citizenship Act No. 5901, Art. 11
“Not to have an illness constituting a danger in terms of public health”
In practice this condition predominantly covers infectious diseases. By way of example, the HIV virus or AIDS may constitute an impediment to the acquisition of citizenship.
Being of Good Moral Character
One of the conditions sought in applications based on five years’ residence is also that of being of good moral character. The content of the concept is not defined in the text of the Act; it has been left to judicial decisions and to the discretion of the administrative authorities. In practice, criteria such as the applicant not having committed an offence in the past, there being no complaint against him or her or any penalty imposed upon him or her, and his or her attitude and conduct at the application and interview stages are taken into account.
In the Regulation the concept is rendered as follows:
Regulation on the Implementation of the Turkish Citizenship Act
“To show that one is of good moral character by acting with the sense of responsibility required by living together in society, to inspire confidence in one’s surroundings through one’s conduct, and to have no bad habits that are frowned upon by society and contrary to the values of society.”
Turkish Language Proficiency
Knowing Turkish to a sufficient level is among the decisive conditions of applications made by this route. The level sought is determined in Article 15(1)(e) of the Regulation in the following terms:
Regulation on the Implementation of the Turkish Citizenship Act, Art. 15(1)(e)
“To be able to speak Turkish at a level sufficient to adapt to social life.”
Whether that level has been attained is as a rule established by the interview commission. If the applicant so wishes, he or she may also satisfy this condition with a document obtained from the Directorates of National Education showing his or her proficiency in Turkish.
Income or Occupation Sufficient for Subsistence
A foreign national living alone in Türkiye must have an occupation or income sufficient to maintain his or her own subsistence. Where there are dependants, the income is required to provide for their subsistence as well. The requests of foreign nationals who are not working in any employment and have no income are not accepted.
No Impediment in Terms of National Security and Public Order
The final condition is that no circumstance constituting an impediment in terms of national security and public order has been established concerning the applicant. Smuggling activities, the manufacture of or trade in narcotic substances, acting as an intermediary in the dispatch and transport of such substances, and participation in acts of terrorism or acting as an intermediary in such acts are examples of situations that may be assessed within this scope.
All of the criteria listed above must be present together; otherwise the request is refused. That said, the Act No. 5901 does not provide for a single route to the acquisition of citizenship. The other grounds of acquisition are dealt with collectively in our note entitled how Turkish citizenship is acquired.
How the Five-Year Period Is Calculated
In order to apply by this route, the foreign national is required to have been present in Türkiye uninterruptedly for five years. Continuity is not, however, absolute: the foreign national may be abroad for a total not exceeding 12 months throughout the five-year period. Departures abroad remaining within this limit do not constitute an impediment to the acquisition of citizenship.
Where and How Is the Application Made?
The application is made by submitting the documents prepared to the governorships within the country, and to Türkiye’s foreign missions abroad. The documents submitted are subsequently examined by the Ministry of the Interior and the request is taken into assessment.
Documents Required in the File
The complete compilation of the documents is decisive for the sound progress of the process. The documents sought are listed as follows in Article 17 of the Regulation on the Implementation of the Turkish Citizenship Act:
- The form petition containing the request, together with 2 biometric photographs,
- A passport or similar document establishing the applicant’s nationality; where the person is stateless, a document showing this,
- A document containing identity details, such as a birth certificate or civil registry extract; for those who are married, a document proving the family tie with the spouse and children,
- A document showing marital status; for those who are divorced, a document proving this, and for those who are widowed, the death certificate of the spouse,
- A document showing first- and second-degree relatives who are Turkish citizens; this document is not requested from those who have no such relative,
- A health report stating that no illness endangering public health is carried,
- Documents in the nature of proof of income or employment, such as a work permit, tax certificate, letter of undertaking and the like,
- Entry and exit records to be obtained from the provincial police headquarters so that the five years’ residence may be verified,
- A residence permit with a period of validity sufficient for the citizenship proceedings to be concluded after the application,
- Where the applicant has committed an offence in the past, a certified copy of the final court decision relating to it,
- A receipt showing that the service fee has been paid into the treasury cashier’s office.
Where there is a deficiency in the documents, either their completion is requested or the application is refused. Both possibilities lead to the process being unnecessarily prolonged. In order not to encounter such setbacks, it is appropriate for the file to be prepared under the supervision of a lawyer experienced in the field.
Stages of the Application
The process consists of stages carried out partly by the applicant and partly by the administration. In order for a decision admitting the person to citizenship to be given, all of these stages must be completed.
The steps falling to the applicant are, in order, as follows:
- Satisfying in full the conditions sought for citizenship,
- Preparing the application documents correctly and completely,
- Paying the service fee into the treasury cashier’s office,
- Applying to the governorship together with the file prepared,
- Remedying any deficiencies identified,
- Successfully passing the interview stage.
The acts carried out by the administration follow this order: the receipt of the application, the taking and scanning of fingerprints and the conclusion of the provincial investigation form the first link. The documents are then transmitted to the commission, the file is sent to the directorate general and a preliminary examination is made. Once the examination is completed, the archive research begins and the findings obtained are subjected to assessment. At the final stage the file is placed in the section of those to be added to the list, entered from there onto the list, and the final decision is given.
Each of these steps must be carried out meticulously and the acts taken by the administration must be closely followed. Such monitoring contributes to the process being concluded more quickly and without difficulty.
How Long Does the Assessment Take?
Applications for citizenship based on residence are concluded on average within 1 to 3 years.
This range is not a firm undertaking. The administration’s workload, the applicant’s personal situation and whether the documents were submitted complete from the outset may shorten the period as well as extend it. A realistic forecast can therefore only be made on the basis of the circumstances of the particular file.
Objection and Action for Annulment Against a Refusal
The application may be refused by the Commission on various grounds. Foremost among these is that the applicant does not meet the conditions sought in the Act. In addition, deficiencies in the documents or the failure to conduct the application process in accordance with procedure may also be grounds for refusal.
If the Commission refuses the request as a result of its assessment, that decision is notified to the applicant. Starting from the day following notification, an objection may be lodged against the decision or an action for annulment may be brought within 60 days.
Objections are directed to the Directorate General of Civil Registration and Nationality; the action, on the other hand, is heard before the administrative courts. Both routes have many details requiring attention. The details of the objection and the action for annulment against a refusal are dealt with in our note entitled objection to the refusal of a Turkish citizenship application and the action for annulment.
Consequences of Acquisition for Spouse and Children
The acquisition of citizenship by way of residence does not affect the citizenship status of the spouse. The spouse retains his or her own status independently of that development.
For children the picture is different. A minor child of the person who acquires citizenship may acquire citizenship where the consent of the other spouse is present. If consent is not given, the dispute is resolved by decision of a judge; for this purpose an application is made to the judge at the place of habitual residence.
Where both the mother and the father are Turkish citizens, the minor child also acquires citizenship. If one of the spouses has died or if custody rests with one of them alone, the citizenship acquired by that person is directly reflected onto the child. Where the child has attained legal majority, the acquisition by the mother or the father does not affect the child’s status.
Acquiring Citizenship with a Work Permit
It is possible to acquire citizenship on the basis of a work permit; here too, however, all the conditions provided for acquisition based on residence must be satisfied. Within that framework the applicant is required to have been present in Türkiye uninterruptedly with a work permit for five years. Here as well, the five-year period is calculated backwards from the date of application.
Matters such as how a work permit is to be obtained, what the types of permit are, which documents are required and how the process is to be conducted are explained in detail in our note entitled work permits for foreign nationals.
Conclusion
The acquisition of citizenship based on residence is a process with several stages and a detailed documentary regime. Care must be taken particularly in obtaining the documents and in the applications to be made to the administrative authorities. Otherwise the process may be prolonged and the request may be refused entirely. It is therefore of benefit for the process to be conducted with legal support from the outset.
Independent Legal Assessment
In applications based on residence, the greater part of disputes in fact arises from the calculation of the period and from the documentary regime. The inclusion in the period of periods of residence without a legal basis, or the total of days spent abroad exceeding 12 months, may lead to the file being refused without the merits being reached. For this reason, obtaining the entry and exit records before the application and verifying the residence statuses chronologically is the most critical preparatory step of the process.
In a particular file we recommend that the following matters be addressed first:
- Calculating the five-year period and the 12-month limit on time abroad from the entry and exit records
- Checking whether the residence permits form an uninterrupted chain, against gaps in status
- Documenting legal majority and the capacity of discernment on the basis of the applicant’s national law
- Supporting the income or occupation condition with documents, having regard also to dependants
- Securing Turkish language proficiency in advance by document rather than leaving it to the interview
- Renewing the residence permit so that it remains valid until the proceedings are concluded
Independent Legal provides advisory services in the residence and citizenship proceedings of foreign nationals, from the preparation of the file to the interview process and, where necessary, the conduct of an action for annulment.