WAYS TO ACQUIRE TURKISH CITIZENSHIP AND LEGAL PROCEDURES

Questions

• How is Turkish citizenship acquired by birth?
• How is Turkish citizenship acquired by descent?
• If the mother is a Turkish citizen and the father is a foreigner, can the child acquire Turkish citizenship?
• If the father is a Turkish citizen and the mother is a foreigner, can the child acquire Turkish citizenship?
• Can children born out of wedlock acquire Turkish citizenship?
• What happens if a birth is not reported after the age of 18?
• Can Turkish citizenship be acquired after the age of 18 by applying from abroad?
• How is Turkish citizenship acquired by birth in Turkey?
• Can children born in Turkey who do not acquire the citizenship of any country become Turkish citizens?
• Can children whose parents are unknown acquire Turkish citizenship?
• How is Turkish citizenship acquired under general provisions?
• Can Turkish citizenship be acquired without fulfilling the five-year residence requirement?
• Can an adopted foreign child acquire Turkish citizenship?
• How is the citizenship application process for adoption carried out?
• How can citizens of the Turkish Republic of Northern Cyprus (TRNC) become Turkish citizens?
• What is the effect of TRNC citizenship on acquiring Turkish citizenship?
• What is the right of choice, and how is it used?
• What happens to the children of those who acquire citizenship through the right of choice?
• How is Turkish citizenship acquired by exceptional circumstances?
• How is Turkish citizenship acquired as an immigrant?

Acquisition of Turkish Citizenship

The acquisition of Turkish citizenship occurs under two main categories according to Law No. 5901 on Turkish Citizenship: acquisition of Turkish citizenship by birth and acquisition of Turkish citizenship later on. The law regulates how Turkish citizenship can be acquired and lost, and there are differences between rights obtained at birth and those acquired later under certain conditions. For those considering Turkish citizenship, consulting a Turkish citizenship lawyer can be an important step to ensure a smooth legal process.

1. Acquisition of Turkish Citizenship by Birth

Turkish citizenship by birth can be automatically acquired based on descent (bloodline) or place of birth. This acquisition takes effect from the moment of birth and directly determines the individual's citizenship status. Especially for families with complex legal situations, it is advisable to work with an Izmir citizenship lawyer to navigate the procedures efficiently.

• Acquisition of Citizenship by Descent: Citizenship by descent means that a child acquires Turkish citizenship at birth if either the mother or father is a Turkish citizen at the time of the child's birth. It makes no difference whether the child is born in Turkey or abroad. It is sufficient for only one of the parents to be a Turkish citizen for the child to acquire Turkish citizenship. Additionally, children born out of wedlock can also acquire Turkish citizenship by descent if paternity is established.

• Acquisition of Citizenship by Place of Birth: A child born in Turkey, whose parents are stateless or unable to pass on their nationality according to the laws of their home country, automatically acquires Turkish citizenship. Similarly, children found within Turkey whose place of birth is unknown are considered born in Turkey unless proven otherwise. In such cases, it is beneficial to seek advice from an experienced Izmir lawyer.

2. Acquisition of Turkish Citizenship Later On

Turkish citizenship can be acquired later through various means. The law provides different pathways for foreigners to acquire Turkish citizenship, such as by fulfilling certain conditions over time. For individuals interested in settling in Turkey, working with a professional Turkish citizenship lawyer can provide valuable legal guidance.

• Acquisition of Turkish Citizenship by General Provisions: A foreigner may acquire Turkish citizenship by a decision of the competent authority if certain conditions are met. These conditions include five years of uninterrupted residence in Turkey, the intent to settle in Turkey, meeting health, morality, and language requirements, and having no impediments concerning national security and public order.

• Acquisition of Turkish Citizenship through Adoption: A minor foreign child adopted by a Turkish citizen can acquire Turkish citizenship, provided there are no obstacles concerning national security or public order. A specialized Izmir citizenship lawyer can assist families in navigating the adoption process and citizenship application.

• Acquisition of Turkish Citizenship by KKTC Nationals: Individuals born as citizens of the Turkish Republic of Northern Cyprus (KKTC) may acquire Turkish citizenship if they declare their intention to do so. This process, facilitated by the Ministry, does not affect the citizenship status of their spouses, but the regulations regarding children are applied as per Article 20 of the law.

• Acquisition of Turkish Citizenship by Choice: Individuals who lost Turkish citizenship due to their parents' renunciation can reacquire Turkish citizenship by choice within three years of reaching adulthood. This process involves filing a written application and can benefit from the expertise of a Turkish citizenship lawyer to ensure timely and accurate submission.

• Acquisition of Turkish Citizenship by Exception: Foreign nationals who contribute to Turkey in fields such as science, technology, or culture, or who are considered to provide exceptional benefits to the country, can acquire Turkish citizenship by decision of the President, without needing to meet the general requirements. In such cases, guidance from an Izmir lawyer familiar with exceptional cases is recommended.

• Acquisition of Turkish Citizenship as a Migrant: Individuals who are accepted as migrants under the Settlement Law (No. 5543) can apply for Turkish citizenship. Once their settlement process is complete, their citizenship application is submitted to the Ministry for approval by the Council of Ministers.

• Reacquisition of Turkish Citizenship after Losing it: Those who have lost Turkish citizenship can reacquire it by residing in Turkey for three years, provided there are no concerns regarding national security. Assistance from an Izmir lawyer can streamline this process.

• Acquisition of Turkish Citizenship by Marriage: Marriage to a Turkish citizen does not automatically grant citizenship. However, a foreign spouse can apply for citizenship after at least three years of marriage, provided the marriage is still ongoing. If the marriage ends due to the death of the Turkish spouse, the applicant can retain Turkish citizenship if they meet the necessary conditions.

Acquisition of Turkish Citizenship by Birth

How is Turkish citizenship acquired by birth?
Turkish citizenship is automatically acquired at birth based on the principles of descent (bloodline) or place of birth. If the child is born to at least one Turkish citizen parent or under certain conditions is born in Turkey, they are considered a Turkish citizen by birth. This acquisition is valid from the moment of birth (Article 6 of Law No. 5901). Consulting with a Turkish citizenship lawyer can help clarify specific situations.

Acquisition of Turkish Citizenship by Descent

How is Turkish citizenship acquired by descent?
If either the mother or father is a Turkish citizen at the time of birth, the child automatically becomes a Turkish citizen. This applies to children born both in Turkey and abroad. The other parent's citizenship status is irrelevant; it is sufficient that one parent is Turkish for the child to acquire Turkish citizenship. It is advisable to seek guidance from an Izmir citizenship lawyer for cases involving international births.

If the mother is Turkish and the father is foreign, can the child become a Turkish citizen?
Yes, if the mother is Turkish and the father is foreign, the child automatically qualifies for Turkish citizenship. In this case, the father's nationality does not affect the child's right to Turkish citizenship.

If the father is Turkish and the mother is foreign, can the child become a Turkish citizen?
Yes, if the father is Turkish, the child is considered a Turkish citizen. However, if the child is born out of wedlock, the legal establishment of paternity is required.

Can children born out of wedlock acquire Turkish citizenship?
If the mother is Turkish, a child born out of wedlock automatically acquires Turkish citizenship. If the father is Turkish but the child is born out of wedlock, the child can acquire Turkish citizenship through the legal establishment of paternity.

Notifications of Birth from Abroad After Reaching the Age of 18

What happens if a birth is not registered before the age of 18?
A child born abroad can still acquire Turkish citizenship through their Turkish citizen parent even after turning 18. If the birth is not registered, citizenship can be granted upon registration in the family registry following a review by the Ministry. In such cases, consulting with an Izmir lawyer specialized in citizenship matters is recommended.

Can Turkish citizenship be acquired after the age of 18 by applying from abroad?
Yes, if your birth was not registered and one or both of your parents are Turkish citizens, you can apply to be registered in the family registry, and after an official review, you may acquire Turkish citizenship.

Acquisition of Turkish Citizenship by Birthplace Principle

Turkish citizenship can be acquired not only by descent but also by the birthplace principle. This provision is particularly important for protecting children at risk of statelessness. According to Article 8 of the Turkish Citizenship Law No. 5901, children born in Turkey under certain conditions can acquire Turkish citizenship based on their place of birth.

Can children born in Turkey who cannot acquire any other nationality become Turkish citizens?
Yes, a child born in Turkey whose parents are stateless or who cannot acquire any other nationality automatically becomes a Turkish citizen. This rule is designed to prevent the child from becoming stateless. For such cases, it is advisable to consult with a Turkish citizenship lawyer to ensure a smooth process.

Can children whose parents are unknown become Turkish citizens?
If a child is found in Turkey and the place of birth is unknown, that child is considered to have been born in Turkey unless proven otherwise. In such cases, the child acquires Turkish citizenship based on the birthplace principle. This is particularly relevant for abandoned or found children. Those who cannot express themselves due to age will be registered in the civil registry based on reports from relevant authorities and statements. Consulting an Izmir lawyer in such cases can ensure that the legal process is followed correctly.

Acquisition of Turkish Citizenship Later in Life

Turkish citizenship can also be acquired later in life under certain conditions. According to the relevant provisions of Turkish Citizenship Law No. 5901, a foreign national who meets specific criteria can be granted Turkish citizenship by decision of the competent authorities. There are several paths to acquiring citizenship after birth.

Acquisition of Turkish Citizenship under General Conditions

How can Turkish citizenship be acquired under general conditions?
According to Article 11 of Law No. 5901, a foreigner can acquire Turkish citizenship under general conditions if they meet the following requirements:

• Being of legal age and having the capacity to act
• Having resided in Turkey continuously for five years prior to the application
• Intending to settle in Turkey, proven by actions such as purchasing property, starting a business, investing, marrying a Turkish citizen, or similar indicators
• Being free from any disease that poses a danger to public health
• Having good moral character
• Being able to speak Turkish at a sufficient level
• Having sufficient income or a profession to support oneself and any dependents
• Not posing a threat to national security or public order

Can Turkish citizenship be acquired without meeting the five-year residency requirement?
In addition to the general requirements, individuals who do not meet the five-year continuous residency condition in Turkey can still acquire Turkish citizenship under exceptional circumstances. These cases will be covered in more detail under the acquisition of citizenship through exceptional circumstances. For such cases, a consultation with an Izmir citizenship lawyer is recommended to navigate the legal requirements.

Acquisition of Turkish Citizenship Through Adoption

Turkish citizenship can also be acquired through adoption. Article 17 of the Turkish Citizenship Law No. 5901 regulates that foreign minors adopted by a Turkish citizen may acquire Turkish citizenship under certain conditions.

Can an adopted foreign child become a Turkish citizen?
Yes, a foreign child adopted by a Turkish citizen can acquire Turkish citizenship, provided that there is no situation posing a threat to national security or public order. In this case, the age of the child is important; minors can acquire citizenship through adoption. Consulting a Turkish citizenship lawyer ensures that all legal requirements are met during the process.

How is the citizenship application for adoption made?
Once the adoption process is complete, the application for the adopted child to acquire Turkish citizenship is evaluated by the relevant authorities. The citizenship of the adopted child becomes effective as of the date of the decision. It is advisable to seek assistance from an Izmir lawyer specializing in citizenship matters to navigate the process smoothly.

Acquisition of Turkish Citizenship by TRNC Citizens

The acquisition of Turkish citizenship by citizens of the Turkish Republic of Northern Cyprus (TRNC) is regulated by Article 42 of the Turkish Citizenship Law No. 5901. According to this article, TRNC citizens can obtain Turkish citizenship under specific conditions.

How can TRNC citizens become Turkish citizens?
TRNC citizens who acquire their citizenship by birth can obtain Turkish citizenship by filing a written declaration stating their desire to become a Turkish citizen. There is no residency requirement or other specific conditions for this application process. Once the application is submitted, the individual is granted Turkish citizenship following the decision of the Ministry.

What is the impact of TRNC citizenship on acquiring Turkish citizenship?
TRNC citizens who acquire Turkish citizenship by birth do not influence the citizenship status of their spouses. However, for their children, the provisions of Article 20 of Law No. 5901 apply. This means that the children’s citizenship status is evaluated separately, and under certain conditions, they may also acquire Turkish citizenship.

Acquisition of Turkish Citizenship Through the Right of Choice

Individuals who have lost their Turkish citizenship or those who have lost it due to their parents can regain it through the right of choice. This process is particularly applicable to those who lost their Turkish citizenship after obtaining permission to renounce it. Article 21 of the Turkish Citizenship Law No. 5901 regulates how individuals can use their right of choice to reacquire Turkish citizenship.

What is the right of choice, and how can it be exercised?
Children of parents who have renounced their Turkish citizenship can apply in writing to regain Turkish citizenship within three years after reaching adulthood. This process is known as exercising the right of choice, allowing the individual to become a Turkish citizen once again. If you are unsure about the procedure or legal requirements, consulting an Izmir citizenship lawyer can be a helpful step.

What happens to the children of those who regain citizenship through the right of choice?
For individuals who regain Turkish citizenship through the right of choice, the provisions of Article 20 of Law No. 5901 apply to their children. Under these provisions, the children may also acquire Turkish citizenship under certain conditions. An attorney specializing in Turkish citizenship can guide you through these legal intricacies.

When does the citizenship acquired through the right of choice become effective?
The acquisition of Turkish citizenship through the right of choice becomes effective from the date the Ministry determines that the conditions for exercising the right are met. Once the application is approved, the individual is officially recognized as a Turkish citizen from that date. For assistance with the documentation or the legal process, it’s recommended to seek advice from a professional, such as an Izmir citizenship lawyer.

Acquisition of Turkish Citizenship by Exception

The acquisition of Turkish citizenship is not always subject to general conditions. Article 12 of the Turkish Citizenship Law No. 5901 regulates the acquisition of Turkish citizenship in exceptional cases. Citizenship by exception is typically granted to individuals who make significant scientific, technological, economic, social, sporting, or artistic contributions to Turkey, or for those considered important in terms of national security and public order. In such cases, Turkish citizenship may be granted without the usual requirements.

How can Turkish citizenship be acquired by exception?
Foreigners who do not pose a threat to national security or public order can acquire Turkish citizenship by a decision of the President of Turkey. Individuals who qualify for exceptional citizenship include those who:

• Bring or are expected to bring industrial facilities to Turkey,
• Provide or are expected to provide extraordinary services in scientific, technological, economic, social, sporting, cultural, or artistic fields,
• Hold a Turquoise Card (Turkuaz Kart) and their dependent minors,
• Are deemed necessary for citizenship by the Turkish government.

How to apply for exceptional Turkish citizenship?
This type of citizenship is granted upon the recommendation of the Ministry and the approval of the President. The applicant is usually recommended by relevant ministries, and after a thorough review, the individual is accepted as a Turkish citizen by the President's decision. Consulting with an Izmir citizenship lawyer is often advised for a smooth application process.

Can individuals posing a threat to national security or public order apply?
No, individuals who pose a threat to national security or public order are not eligible to apply for exceptional Turkish citizenship. Such applications are typically denied during the review process. For those considering applying, seeking advice from an experienced citizenship attorney in Izmir can be beneficial to ensure all requirements are met.

Acquisition of Turkish Citizenship as an Immigrant

Foreigners accepted as immigrants to Turkey can acquire Turkish citizenship under Article 12 of the Turkish Citizenship Law No. 5901. This process is carried out within the framework of the Settlement Law No. 5543, and individuals with immigrant status must complete certain procedures to obtain Turkish citizenship. This can be a complex process, and seeking assistance from an Izmir citizenship lawyer may help to navigate the legal requirements smoothly.

How can one acquire Turkish citizenship as an immigrant?
To acquire Turkish citizenship as an immigrant, one must first be accepted as an immigrant under the Settlement Law No. 5543. The citizenship application of those accepted as immigrants is prepared by the provincial immigration administration and then submitted to the Ministry for review. For those unsure of how to proceed, an experienced Izmir lawyer can provide crucial guidance throughout the application process.

How does the process for immigrants to acquire Turkish citizenship work?
Once the necessary reviews are completed, the Ministry submits a proposal to the President of the Republic for the immigrant's acquisition of Turkish citizenship. With the approval of this proposal, the individual is granted Turkish citizenship. During this process, there must be no issues related to national security or public order. To avoid any complications, many applicants choose to work with a citizenship lawyer who understands the process in detail.

What are the conditions for acquiring citizenship as an immigrant?
For immigrants, general requirements such as residency duration do not apply. However, there must be no issues concerning national security or public order. The immigrant’s acquisition of Turkish citizenship is finalized with the President's approval. Those looking for expert legal advice often consult an Izmir citizenship lawyer to ensure their applications are properly completed and meet all legal standards.

Re-acquisition of Turkish Citizenship Based on Residency

Individuals who have previously lost their Turkish citizenship can regain it by fulfilling certain conditions. Article 14 of the Turkish Citizenship Law No. 5901 outlines the criteria for re-acquiring Turkish citizenship based on residency. According to this article, individuals who have lost their Turkish citizenship may regain it under specific circumstances.

Who can regain Turkish citizenship?
Individuals who lost their Turkish citizenship under Article 29 may regain it by presidential decree, and those who renounced it under Article 34 can regain it by a decision of the Ministry. However, to re-acquire Turkish citizenship, these individuals must reside in Turkey for three years and must not pose any threat to national security.

What are the residency requirements?
Applicants who wish to regain Turkish citizenship must reside continuously in Turkey for three years. During this period, they must demonstrate that they have lived regularly in Turkey and established their life there. Additionally, there must be no security threats that would prevent their presence in the country. It is highly recommended to consult with an Izmir citizenship lawyer to navigate this complex process smoothly.

Can one apply for Turkish citizenship before completing the residency period?
Although the general rule is that applicants must complete the three-year residency requirement, certain exceptional cases may be considered by presidential decree. However, without these exceptions, those who have not completed the full residency period cannot re-acquire Turkish citizenship. Consulting with an Izmir lawyer specializing in Turkish citizenship can help applicants better understand any potential exceptions and legal pathways.

Acquisition of Turkish Citizenship Through Marriage

Marriage to a Turkish citizen does not automatically grant Turkish citizenship. However, Article 16 of the Turkish Citizenship Law No. 5901 outlines the regulations for acquiring Turkish citizenship through marriage. Foreigners married to a Turkish citizen may apply for citizenship under specific conditions.

How is Turkish citizenship acquired through marriage?
Foreigners who have been married to a Turkish citizen for at least three years and whose marriage is still ongoing may apply for Turkish citizenship. The applicant must meet the following requirements during the application process:

• Living together as a family unit,
• Not engaging in activities incompatible with the marriage,
• Not posing a threat to national security and public order.

If you meet these criteria, the process of applying for Turkish citizenship through marriage can begin. Consulting an Izmir citizenship lawyer might be helpful to ensure all necessary steps are followed.

Can Turkish citizenship be obtained if the marriage ends?
In cases where the marriage ends due to the death of the Turkish spouse, the requirement to live as a family unit is waived. However, the applicant must still fulfill the other conditions. If the marriage is dissolved due to activities incompatible with the union, the application may be deemed invalid. It’s advisable to seek advice from a Turkish citizenship lawyer in such cases.

What happens if the marriage is annulled (declared invalid)?
If the marriage is annulled, the applicant may retain Turkish citizenship if they can prove good faith during the marriage. Whether the applicant acted in good faith is assessed during the application process, and seeking legal guidance from an experienced citizenship lawyer in Izmir may improve the outcome of the case.

Conclusion

The acquisition of Turkish citizenship is carried out in accordance with the conditions and procedures outlined in the Turkish Citizenship Law No. 5901. Citizenship can be acquired automatically by birth through descent or place of birth, or later through various methods. In processes for acquiring citizenship after birth, general provisions, adoption, exceptional circumstances, marriage, and residency are key factors.

Each method of acquiring citizenship discussed in the article is subject to different conditions and application processes depending on individual circumstances. A fundamental requirement is that there must be no national security or public order concerns. Therefore, it is crucial for individuals wishing to apply for citizenship to carefully follow the legal requirements and submit their applications accordingly.

Given the complexity of these processes, individuals seeking to acquire Turkish citizenship may achieve more accurate and faster results by obtaining professional legal counsel. Citizenship lawyer Alparslan LEVENT, who specializes in citizenship law, offers comprehensive advice and provides legal assistance at every stage of the process for clients wishing to obtain Turkish citizenship.