Acquisition of Turkish Citizenship under the Turkish Citizenship Law
Turkish Citizenship Law
The Turkish Citizenship Law is a comprehensive law that every Turkish citizen should know. This law includes detailed information on the principles, acquisition, and loss of Turkish citizenship. As is known, the Republic of Turkey grants foreigners the right to obtain Turkish citizenship through various different ways. Therefore, every foreigner who wishes to become a Turkish citizen must have a good knowledge of the Turkish Citizenship Law. At this point, in order to provide a guide for Turkish citizens or those who want to become Turkish citizens, we will provide detailed information on the Turkish Citizenship Law in this article.
Historical Development of the Turkish Citizenship Law
Before we start our article, we need to mention a brief history of the Turkish Citizenship Law.
Turkish Citizenship in the 1924 Turkish Citizenship Law
The Turkish Citizenship Law was mentioned for the first time in Article 88 of the 1924 constitution, in its initial form as follows:
“Article 88: – f1 All the inhabitants of Turkey, regardless of religion and race, are called ‘Turks’ in terms of citizenship. f2. Anyone who is born to a Turkish father within the borders of Turkey or who is born within the borders of Turkey to a foreign father of Turkish descent and who resides and reaches the age of maturity within the country and officially chooses Turkishness in terms of nationality according to the Citizenship Law or is accepted as a Turk in accordance with the provisions of the Citizenship Law is a Turk. The loss of Turkishness status is resolved in cases specified by the law.”
It can be seen that in the 1924 constitution, Turkish citizenship was based on the principle of Jus sanguinis (bloodline-based citizenship). Therefore, it can be seen that this principle is still valid today.
Turkish Citizenship in the 1937 Turkish Citizenship Law
In 1937, an amendment was made to this article of the 1924 constitution, and Turkish citizenship was expressed as follows:
“Article 88: – Everyone, regardless of religion and race, is called ‘Turk’ in terms of citizenship in Turkey. Anyone who is born in Turkey to a Turkish father or born in Turkey to a foreign father who has settled in Turkey and resides in the country and officially requests Turkish citizenship when reaching the age of majority or anyone who is accepted as a Turk in accordance with the provisions of the Citizenship Law is a Turk. The loss of Turkishness status is resolved in cases specified by the law.”
The change in 1937 is generally seen in the language structure of the law, not in its scope. The scope of Turkish citizenship generally includes everyone born in Turkish territories and those who have been accepted as Turkish citizens, even if they are foreigners, and their descendants.
Turkish Citizenship in the 1961 Turkish Citizenship Law
The subsequent change in the Turkish Citizenship Law took place in the 1961 constitution. In this amendment, the law was included in Article 54, instead of Article 88, and a regulation was made based on allegiance instead of not distinguishing based on religion and race. The definition of the relevant law is as follows:
“Article 54 – Everyone who is bound to the Turkish state by the bond of citizenship is Turkish. The child of a Turkish father or a Turkish mother is Turkish. The citizenship status of a child born to a foreign father and a Turkish mother is regulated by law. Citizenship is acquired according to the conditions indicated in the law and can only be lost in the cases specified by the law. No Turk can be deprived of citizenship unless they engage in actions inconsistent with loyalty to the homeland. Judicial recourse cannot be prevented against decisions and actions regarding the loss of citizenship.”
The last changes in the Turkish Citizenship Law were made in the 1982 constitution, and it has taken its current form. With the recent changes, the law is as follows:
“Article 66 – Everyone who is bound to the Turkish state by the bond of citizenship is Turkish. The child of a Turkish father or a Turkish mother is Turkish. (Last sentence repealed: 3.10.2001-4709/23 article.) Citizenship is acquired according to the conditions indicated in the law and can only be lost in the cases specified by the law. No Turk can be deprived of citizenship unless they engage in actions inconsistent with loyalty to the homeland. Judicial recourse cannot be prevented against decisions and actions regarding the loss of citizenship.”
The Turkish Citizenship Law has come into its current form as a result of the process briefly explained above. Now let’s examine the Turkish Citizenship Law article by article.
Turkish Citizenship Law Chapter 1
Purpose, Scope, and Services in the Turkish Citizenship Law
The first chapter of the Turkish Citizenship Law focuses on the purpose, scope, definitions, and the execution of citizenship services. The fundamental aim of this law, as stated in Article 1, is to outline the principles and procedures for acquiring and losing Turkish citizenship.
The scope of the relevant Turkish Citizenship Law is specified in Article 2, which pertains to the acquisition and loss of Turkish citizenship.
In the definitions of the respective law (Article 3):
“ARTICLE 3 – (1) In the implementation of this Law; a) Ministry: Ministry of the Interior, b) Multiple citizenship: Refers to a Turkish citizen having multiple citizenships simultaneously, c) General Directorate: Refers to the General Directorate of Population and Citizenship Affairs, d) Turkish citizen: Refers to an individual who is bound to the Republic of Turkey by citizenship, e) Foreigner: Refers to an individual who does not have a citizenship bond with the Republic of Turkey.”
As stated above, the law is expressed in such a manner. Article 4 of the relevant law provides information about the authority responsible for the execution of Turkish citizenship services (acquisition and loss); in Article 4:
“The services related to the acquisition and loss of Turkish citizenship are carried out by the Ministry within the country and by foreign missions abroad.”
The first chapter of the Turkish Citizenship Law, which encompasses citizenship rights, has been provided as mentioned above. The first chapter generally addresses definitions, scope, and services.
Turkish Citizenship Law Chapter 2
Birth and Descent-based Citizenship Right
The second chapter of the Turkish Citizenship Law explains the principles of acquiring Turkish citizenship. In Article 6 of the relevant law, the first principle concerning the acquisition of Turkish citizenship is stated as birth. In the respective article:
“ARTICLE 6 – (1) Turkish citizenship acquired by birth is obtained automatically based on descent or birthplace. Citizenship acquired by birth takes effect from the moment of birth.”
As can be understood from the statement, the right of birth is obtained directly and automatically. Article 7 of the Turkish citizenship law is about acquiring Turkish citizenship based on descent. If we take a detailed look at this article:
“ARTICLE 7 – (1) A child born to a Turkish citizen mother or father within a marriage union, both within or outside of Turkey, is a Turkish citizen. (2) A child born outside of marriage to a Turkish citizen mother and a foreign father is a Turkish citizen. (3) A child born outside of marriage to a Turkish citizen father and a foreign mother acquires Turkish citizenship upon fulfilling the procedure and conditions required for the establishment of descent.”
As indicated in the respective article, descent holds significant importance in the acquisition of Turkish citizenship.
Aside from birth and descent, Article 8 of the Turkish Citizenship Law specifies the principle of birthplace in acquiring Turkish citizenship.
“ARTICLE 8 – (1) A child born in Turkey, who cannot acquire the citizenship of any country due to being born to foreign parents, is a Turkish citizen as of birth. (2) Unless proven otherwise, a child found in Turkey is deemed to have been born in Turkey.”
Naturalization in the Turkish Citizenship Law
The principles of acquiring citizenship through naturalization in the Turkish Citizenship Law are detailed in Article 9 and subsequent articles. If we look at the relevant articles;
Article 9 states, “Naturalization as a Turkish citizen is acquired through the decision of the competent authority, adoption, or exercise of the right to vote.”
Generally, the right to acquire citizenship later is expressed under 3 headings and can be acquired under different circumstances. In this regard, you can refer to our relevant article.
Acquisition of Turkish Citizenship through the Decision of the Competent Authority in the Turkish Citizenship Law
The principles regarding the decision of the competent authority for the acquisition of Turkish citizenship are stated in Article 10 of the relevant law. In the relevant article;
“(1) A foreigner who wants to acquire Turkish citizenship can acquire Turkish citizenship by the decision of the competent authority if he/she meets the conditions specified in this Law. However, meeting the required conditions does not grant an absolute right to acquire citizenship. (2) (Additional: 19/10/2017-7039/28 art.) The basic principles and rules to be applied for the acquisition of Turkish citizenship later in accordance with this Law are determined by the Ministry by taking the views of the relevant public institutions and organizations.”
It is stated as such.
At this point, the conditions required from individuals who want to acquire Turkish citizenship are expressed in Article 11 as follows;
ARTICLE 11 – (1) Foreigners who want to acquire Turkish citizenship:
- Must be of adult age and have the capacity to discern according to their national law or, if stateless, according to Turkish laws,
- Must have resided in Turkey continuously for at least five years as of the application date,
- Must confirm their decision to settle in Turkey through their actions,
- Must not have a disease that poses a danger to public health,
- Must have good moral character,
- Must be able to speak Turkish sufficiently,
- Must have sufficient income or profession to provide for themselves and the dependents they are responsible for in Turkey,
- Must not have a condition that would pose a threat to national security and public order.
Exceptional Cases of Acquiring Turkish Citizenship in the Turkish Nationality Law
The exceptional cases of acquiring Turkish citizenship are specified in Article 12 of the Turkish Nationality Law.
ARTICLE 12 – (1) Foreigners mentioned below can acquire Turkish citizenship by the decision of the President, provided that they do not pose a threat to national security and public order:
- Individuals who bring industrial facilities to Turkey or are considered to have exceptional service in scientific, technological, economic, social, sports, cultural, and artistic fields, and for whom relevant ministries have made justified proposals.
- (Amendment: 28/7/2016-6735/27) Foreigners who have obtained a residence permit in accordance with the first paragraph of Article 31(j) of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013, Turquoise Card holders and their foreign spouse, and their non-adult or dependent foreign child.
- Individuals whose acquisition of citizenship is deemed necessary.
- Persons recognized as refugees.
In addition, it is stated in the supplementary part of the relevant article that the requests of those who pose a threat to national security and public order will be rejected by the Ministry.
Acquisition of Turkish Citizenship Based on Residence Status in Turkish Citizenship Law
The change of Turkish citizenship status based on residence status is stated in the relevant law in Articles 13, 14, and 15, respectively.
The reacquisition of citizenship without the requirement of residence in the Turkish Citizenship Law is specified as follows in Article 13:
“The following individuals can reacquire Turkish citizenship in Turkey regardless of the duration of residence, with the decision of the President, provided that they do not have a condition that would constitute a threat to national security.”
- Those who have lost Turkish citizenship by obtaining permission to leave.
- Those who have lost Turkish citizenship due to being dependent on their parents and have not exercised their right to vote within the period specified in Article 21.”
The principle of reacquiring citizenship based on the residence requirement is expressed as follows in Article 14 of the Turkish Citizenship Law:
“Those who have lost Turkish citizenship according to Article 29 can reacquire Turkish citizenship with the decision of the President, and those who have lost Turkish citizenship according to Article 34 can reacquire Turkish citizenship with the decision of the Ministry, provided that there is no condition that would constitute a threat to national security and by residing in Turkey for three years.”
The calculation of residence and periods is specified as follows in Article 15 of the relevant law:
“Residence for a foreigner means living in Turkey in accordance with Turkish laws. A foreigner who applies to acquire Turkish citizenship must not be outside of Turkey for more than a total of twelve months within the required residence period. The periods spent outside of Turkey are considered within the residence periods specified in this Law.”
Acquisition of Turkish Citizenship by Marriage in the Turkish Citizenship Law
The acquisition of Turkish citizenship by marriage is stated in Article 16 of the relevant law. In the relevant article,“Marriage to a Turkish citizen does not automatically grant Turkish citizenship. However, foreigners who have been married to a Turkish citizen for at least three years and whose marriage is still ongoing can apply to acquire Turkish citizenship.”
- Living within the scope of family unity,
- Not engaging in activities that are incompatible with the marriage union,
- Not having a condition that would constitute a threat to national security and public order.
The condition in subparagraph (a) of the first paragraph is not required if the marriage ends due to the death of the Turkish citizen spouse.
Foreigners who acquire Turkish citizenship through marriage will retain their Turkish citizenship if the marriage is declared null and void, provided that they acted in good faith in the marriage.
Acquisition of Turkish Citizenship through Adoption in the Turkish Citizenship Law
According to Article 17 of the Turkish Citizenship Law, “An adult person adopted by a Turkish citizen can acquire Turkish citizenship as of the date of the decision, provided that there is no condition that would constitute a threat to national security and public order.”
Obtaining Turkish Citizenship through Investment in the Turkish Citizenship Law
Investment can be defined in various ways. Sometimes opening a business, sometimes buying a property, all of these fall under investment. And each of them provides different advantages depending on their capital and function. So, how is Turkish citizenship obtained through investment? When we look at the relevant Turkish Citizenship Law, we see that the following requirements are requested:
- Purchasing immovable property in the amount of at least 400,000 US Dollars (or equivalent in Turkish Lira and foreign currency) and providing an undertaking that it will not be sold for 3 years after the purchase is completed.
- Having made a capital investment in the amount of at least 500,000 US Dollars (or equivalent in Turkish Lira and foreign currency).
- Creating employment for at least 50 people in Turkey through investment.
- Purchasing “real estate investment fund participation shares” or “venture capital investment fund participation shares” in an amount of at least 500,000 US Dollars or its equivalent in foreign currency or Turkish Lira and undertaking to hold them for at least 3 years.
A person who meets at least one of the above-mentioned conditions is eligible to obtain Turkish citizenship. So, how does the procedure work? If you have decided to make one of the above-mentioned investments and obtain Turkish citizenship, what steps do you need to follow?
Required Documents and Procedure to Obtain Turkish Citizenship through Investment
The process and documents required to obtain Turkish citizenship through investment are the most curious. The following documents must be obtained by investors who want to become Turkish citizens:
- Application form,
- Identity document obtained from the country of citizenship,
- If the foreigner is married, the spouse’s identity document; if they have children under the age of 18, their identity documents as well,
- Documents proving the family relationship with family members (marriage certificate, etc.),
- Passport-sized photos of family members,
- Birth certificate,
- If the applicant is divorced, an official document proving the divorce,
- If widowed, a document proving the widowhood (death certificate, etc.),
- Residence permit or tourist visa given to the foreigner,
- If the spouse or other relatives of the applicant who is a foreigner are Turkish citizens, photocopies of their identity documents and residence information,
- Documents regarding the payment made prior to the application, such as proof of payment, receipt, etc.
- In addition to these documents, the necessary documents regarding the country or property where the investment is made are as follows:
- Passport and photocopy of the foreign person who will purchase the property, along with its translation into Turkish,
- Real estate valuation document obtained from an authorized real estate appraisal company,
- If the property is residential or commercial, compulsory earthquake insurance policy,
- One biometric photograph of the person selling the property, two biometric photographs of the foreign person,
- If they do not know Turkish, the presence of a sworn translator is required.
- If the property sale is conducted through a proxy with a power of attorney, the original power of attorney document.
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