The fundamental principles governing the establishment of the bond of citizenship are set out in the Turkish Citizenship Act No. 5901 (TVK). Under this legislation, foreign nationals who have resided in Türkiye without interruption for at least five years may be admitted to citizenship where they also satisfy the other conditions required by the legislation. There is, however, an important limit here: satisfying the conditions listed does not of itself confer on a person a right to become a citizen; the administrative authorities must assess the application favourably. A person wishing to acquire citizenship may apply to the Provincial Governorship of the place where they reside, either in person or through a representative. The governorship first examines whether there has been residence based on a residence permit throughout the five-year period, and then assesses whether the other conditions listed in the Act have been met. For instance, a person who has lived in Türkiye for five years counting back from the application will have their request refused if, within that period, they have spent a total of more than twelve months abroad. Furthermore, the Turkish Citizenship Act confers on the administrative authorities a discretionary power as to whether or not a person is to be admitted to citizenship, even where all the conditions are satisfied.
The conditions for acquiring citizenship by way of a long-term residence permit, otherwise known as the general route, are laid down in Article 11 of the Turkish Citizenship Act No. 5901.
The Concept of Citizenship through a Long-Term Residence Permit
Where the applicant has resided in Türkiye without interruption for the five years counting back from the date of application, it is possible for them to acquire citizenship. This route is referred to as the acquisition of Turkish citizenship by way of a long-term residence permit, or as the acquisition of citizenship by the general route.
In order for the criterion of “five years of uninterrupted residence” to be satisfied, the foreign national must be present in the country under a long-term residence permit or a family residence permit. Having remained in the country for five years or longer without any residence permit does not give rise to a right to citizenship. That is because the other types of permit are not regarded as permits that demonstrate an intention to settle in Türkiye. Indeed, the Regulation on the Turkish Citizenship Act divides residence into two, drawing a distinction between residence that demonstrates an intention to settle in Türkiye and residence that does not. Within this framework, certain types of residence presumed not to reflect an intention to settle are not counted as residence capable of forming the basis for acquiring citizenship by the general route.
The Act requires this residence to be uninterrupted for a period of five years. What is meant by the criterion of uninterruptedness is the following: the foreign national must not have remained outside the country for a total exceeding twelve months within that five-year period. In other words, the sum of the days spent abroad within that period must not exceed twelve months. Otherwise, since the condition of five years of uninterrupted residence is not fulfilled, refusal of the application may arise.
For the general framework governing residence permit applications, our article entitled “How Is a Residence Permit Application Made? What Are the Application Requirements?” may be consulted.
Conditions Required for the Application
The conditions for acquiring citizenship by the general route are laid down in Article 11 of the Turkish Citizenship Act No. 5901. The criteria that the foreign national must satisfy are explained separately below.
Being of Age and Having the Capacity of Discernment
The foreign applicant must be of age under their own national law and must possess the capacity of discernment. As in Türkiye, the age of majority in many countries is eighteen. By contrast, in certain states such as Kazakhstan, Pakistan and Vietnam, that age has been set at sixteen. Accordingly, a Vietnamese national may apply for Turkish citizenship upon completing their sixteenth year, provided that they possess the capacity of discernment. On the other hand, in places such as the United Arab Emirates, Nigeria, Kuwait, Mississippi and Puerto Rico, the age of majority is twenty-one. A national of one of these countries will be unable to apply even if they have completed their eighteenth year, since they are not yet regarded as being of age under the law of their own country. Where the foreign national is stateless, majority and the capacity of discernment are assessed under Turkish law.
Holding an Intention to Settle in Türkiye
A person wishing to acquire citizenship by this route is expected to demonstrate through their conduct that they have decided to settle in Türkiye. That is to say, the applicant must show an intention to continue their life in the country; applications made solely for the purpose of obtaining citizenship are not accepted.
Article 15 of the Regulation on the Implementation of the Turkish Citizenship Act lists the circumstances that indicate an intention to settle. Accordingly, the acquisition of immovable property in Türkiye by the foreign national, establishing a business and making an investment, transferring their commercial and business centre to Türkiye, working at a workplace subject to a work permit, being married to a Turkish citizen, applying as a family, having a mother, father, sibling or child who has previously acquired Turkish citizenship, and completing their education in Türkiye are among the circumstances listed as demonstrating an intention to live in the country.
Posing No Threat in Terms of Public Health
A foreign national wishing to acquire citizenship by this route must not carry a disease that poses a threat in terms of public health. Communicable diseases such as tuberculosis and AIDS may be given as examples in this context.
Being of Good Moral Character
Article 11 of the TVK requires the applicant to be of good moral character. The criterion here is that the foreign national be regarded as of good character within the framework of the value judgements of Turkish society, and that they have not made a profession of activities disapproved of by society, such as theft, fraud and forgery.
Being Able to Speak Turkish to a Sufficient Standard
A foreign national requesting citizenship by the general route must know Turkish to a sufficient degree. The principal purpose of this condition is to enable the person to sustain their life in the country and to integrate into society. Indeed, the Regulation on the Implementation of the Turkish Citizenship Act expresses this condition as being able to speak Turkish at a level permitting integration into social life. Whether such proficiency exists is assessed by the Application Review Commission.
Having Sufficient Income or an Occupation
The foreign national must have an income or an occupation sufficient to provide for their own subsistence and that of their dependants in Türkiye. The application of a person with no income and no employment may be refused, since sustaining life in the country depends on the existence of a sufficient level of income or of an occupation.
No Impediment in Terms of National Security or Public Order
The applicant must not be in a situation constituting an impediment in terms of national security and public order. The purpose of this condition is to prevent the acquisition of citizenship by persons engaged in activities aimed at disrupting public order, such as narcotics and arms trafficking.
How Is the Application Made?
In the acquisition of citizenship by way of a long-term residence permit, the applicant must complete a form and prepare the documents requested. The Turkish foreign identity number is taken as the basis in the process. Accordingly, a person who holds no foreign identity number and has no residence in Türkiye will be unable to apply. The application may be made, in person or through a representative, to the governorship of the place where the foreign national has their domicile.
Objection and Action for Annulment against a Refusal Decision
The requests of foreign nationals meeting the conditions listed above are examined and determined by the administration. In certain cases the administration may issue a refusal decision on various grounds. That ground may be a failure to satisfy the conditions in the legislation, or an application made with missing or incorrect documents; equally, the decision may be taken within the scope of the administration’s discretionary power.
In whichever of these scenarios, a foreign national whose application has been refused may bring an action for annulment if they consider the decision unlawful. That is because a refusal decision is in the nature of an administrative act and is therefore subject to judicial review. The options open to a foreign national whose request has been refused may be summarised as follows:
- They may bring an action for annulment directly before the administrative courts within 60 days from notification of the refusal decision.
- Before resorting to litigation, they may make an administrative application, likewise within 60 days, requesting that the decision be withdrawn.
- That application suspends the time limit for bringing an action which has already begun to run; if no reply is given within 30 days, the request is deemed to have been refused, and an action for annulment may be brought in that case as well.
- The court with subject-matter jurisdiction is the administrative court, pursuant to Article 1 of the Administrative Procedure Act No. 2577.
- As to territorial jurisdiction, the action is brought before the administrative court of the place where the administration that refused the application is located.
- As stated, the action must be brought within 60 days from the date on which the refusal decision is notified to the person concerned; actions not brought within that period are rejected by the judge of their own motion.
For details of the procedures for objecting to administrative acts and for annulment, our article entitled “Objection to Administrative Acts and the Action for Annulment” may be consulted.
Frequently Asked Questions
Is representation by a lawyer mandatory in this process?
Turkish law allows parties to defend and represent themselves before the courts; save for limited exceptions, representation by counsel is not mandatory. Nor is there any obligation to instruct an administrative law lawyer before the Administrative Courts. That said, the complex structure of administrative law legislation and the short and strict time limits in the Administrative Procedure Act may give rise to irremediable errors of form or of substance in proceedings conducted by persons who are not lawyers. For this reason, we recommend that support be obtained from lawyers practising in the field of Administrative Law before any step is taken.
May a refused application be renewed?
Even where an application has previously been refused, provided that the conditions required by the legislation are satisfied, an application may be made to the governorship of the place of residence requesting that the citizenship position be reassessed.
Does the acquisition of citizenship affect the spouse and children?
The acquisition of Turkish citizenship has no effect on the citizenship of the spouse. For the outcome to extend to a child, the consent of the other parent holding custody is required. Where both the mother and the father have acquired Turkish citizenship, their children will also acquire it.
How is uninterruptedness measured?
In order to acquire citizenship by this route, a person must have resided in Türkiye without interruption for the five years counting back from the date of application. Time may be spent abroad within that five-year period provided that it does not exceed twelve months in total. Where that period exceeds twelve months, an interruption is deemed to have occurred; as the residence condition is not satisfied, an application by this route cannot be made.
May citizenship once acquired be annulled at a later date?
Under the Turkish Citizenship Act No. 5901, where the decision on the acquisition of citizenship has come about as a result of the person’s false declaration or of their concealment of material matters bearing on the acquisition, it may be annulled by the authority that issued it.
Which authority receives the application?
Citizenship applications are made to the governorship to which the person’s place of residence in Türkiye is attached. For those abroad, it is possible for the application to be made to Turkish missions abroad.
May the application be made through a representative?
The application may also be made by persons authorised under a special power of attorney; the applicant is therefore under no obligation to be present in Türkiye. However, where the administrative authority summons the applicant to a face-to-face interview, attendance at that interview is compulsory, so the applicant must be in the country at least for that stage.
Is it also necessary to be of age under Turkish law?
One of the conditions required for the acquisition of citizenship is that the applicant be of age under their own national law. If the person is of age under their own national law, it is not additionally required that they be of age under Turkish law.
The Independent Legal Assessment
In citizenship applications made by the general route, the greater part of files are determined unfavourably without the merits being reached, on the ground that the residence condition has not been satisfied. There are two typical reasons for this: the time spent abroad within the five-year period exceeding twelve months, and the residence being based on a type of permit that is not accepted as reflecting an intention to settle. Where these two points are not checked before the application, the outcome does not change even if the other conditions are fully met.
In a specific file, we recommend that the following matters be addressed in advance:
- Determining whether the type of permit on which the residence is based is capable of forming the basis of the general route
- Adding up the periods spent abroad from the entry and exit records and testing them against the twelve-month limit
- Adding to the file the immovable property, investment, employment or education documents that support the intention to settle
- Assessing majority under the applicant’s national law and, where necessary, supporting it with a foreign law document
- Preparing for the interview stage with regard to Turkish language proficiency and integration criteria
- Where the objection route is preferred, calendaring the points at which the 60-day period is suspended and begins to run again
Independent Legal provides advisory services and conducts litigation in the structuring of residence permit and citizenship applications and in proceedings to be pursued before the administrative courts against refusal decisions.