In this post, we include updated information on how to acquire Turkish citizenship, what are the conditions for acquiring it originally and acquiring it later, and how to acquire Turkish citizenship through marriage or investment.
Introduction
States provide some rights, protections or obligations to their citizens by separating the person or things that are connected to them by citizenship (nationality) from others. In Turkish law, the rights and obligations of citizenship and theissues related to the acquisition of citizenship in the homeland are regulated in detail in the Constitution and other laws. According to these regulations, the acquisition of Turkish citizenship can take place in two ways: primary (by birth) and subsequent acquisition (acquired).
Acquiring Turkish Citizenship Originally
Acquisition is regulated in Article 6 of the Turkish Citizenship Law, and if the conditions here are met, citizenship is automatically acquired by the provision of the law, so the procedures made after birth are declarative, not constructive.
1. Acquisition of Citizenship on the Basis of Descent
Children born in a marriage union and whose parents are Turkish citizens acquire Turkish citizenship from the moment of birth due to their ancestry. This issue is regulated in Article 7 of the TVK and Article 7/2 of the TVKUY.
In thecase of children born outside of marriage, if the mother is a Turkish citizen and the father is a foreigner, then Turkish citizenship will be acquired at the time of birth. The genealogical bond between the mother and the child is acquired by birth, and this genealogical bond is both legal and natural descent. Gaining in this way is regulated in the provisions of Article 7/2 of the TVK and Article 7/3 of the TVKUY.
Apart from the marriage union, if the father is a Turkish citizen and the mother is a foreigner, then the child acquires citizenship from the moment of birth with the establishment of a legal paternity bond between the child and the father. A natural paternity bond between the child and the child is not sufficient, and a legal paternity bond must be established. The establishment of the paternity can take place by marriage or administratively. If the natural parents of the child marry, the paternity bond between the child and the father is established in accordance with Article 292 of the TMK, without the need for any other procedure. The establishment of an administrative paternity bond can be realized with recognition (TMK art. 295) and paternity provision (TMK art. 301).
2. Acquisition of citizenship on the basis of place of birth
Earning on the basis of place of birthshould be examined in two ways:
a. The birth took place in Turkey (Article 8 of the TVK)
Although this issue is regulated by Article 8, some conditions are stipulated in the Regulation for the acquisition of citizenship in this way. Accordingly:
The birth took place in Turkey
Citizenship has not been acquired from the mother and/or father on the basis of descent
Citizenship of a foreign country was not acquired at the time of birth
If these conditions are met, the child acquires citizenship on the basis of place of birth.
b. Children who have been in Turkey (Article 8/2 of the Turkish Civil Code)
In the law, a presumption has been accepted that children who have been in Turkey were born in Turkey. Therefore, children in Turkey will actually acquire citizenship on the basis of land. However, if it is proven that they were not born in Turkey, such an achievement will not be possible.
Subsequent Acquisition of Turkish Citizenship
A. Acquisition of Turkish Citizenship by Decision of the Competent Authority
The acquisition of Turkish citizenship by the decision of the competent authority is also referred to as "telsik". There are three important elements in the acquisition of citizenship by "telsik";
Close liaison, integration and desire to acquire citizenship
Person's request
Decision of the competent authority
In cases of acquiring citizenship with the decision of the competent authority, although the person has fulfilled all the conditions sought in the law, this situation does not give the person a right to acquire citizenship. The authorities have discretion in naturalization. Of course, the competent authorities cannot use this discretion arbitrarily (Article 125 of the AY).
1. General Naturalization
It is regulated in Article 10 of the Turkish Citizenship Law . Conditions;
a. Driver's license requirement (TVK art. 11, TVKUY art. 15/1-a): The person must be adult and have the power of discrimination.
b. Residence requirement (TVK art. 11/1-b): To have resided in Turkey for 5 years without interruption from the date of application
c. Intention to settle (TVK art. 11/1-c, TVKUY art. 15/1-c)
d. Being healthy (TVK art. 11/1-ç): It is the absence of a disease that poses a danger to general health.
e. To have good morals (TVK art. 11/1-d)
f. To be able to speak Turkish (TVKUY art. 15/1-e): To know Turkish enough to meet current needs
g. To have an income or profession that can provide a living (TVK art. 11/1-f, TVKUY art. 15/1-f)
h. Not to be in a situation that will constitute an obstacle in terms of national security and public order
2. Exceptional Naturalization
In this way, citizenship is acquired by the decision of the president, to be included in one of the groups of persons mentioned in the law, to be included in one of the groups of persons mentioned in the law, to make a request by the person concerned, not to pose a danger in terms of national security and public order.
a. Persons who have brought industrial facilities to Turkey or who have passed or are thought to have passed extraordinary service in scientific, technological, economic, social, sports, cultural and artistic fields and for whom a justified offer has been made by the relevant ministries(Article 12/1-a of the TVK)
b. Pursuant to subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection No. 6458 dated 4.4.2013, foreigners who have a residence permit and foreigners who have a Turquoise card and their spouses, minor or dependent foreign children of themselves and their spouses (Article 12/1-b of the TVK)
Foreigners who will invest a certain amount in Turkey:
It has been determined by the Ministry of Industry and Technology that it has made a fixed capital investment of at least 500,000 USD or its equivalent in foreign currency,
Where the immovable property of at least 400,000 USD or equivalent foreign currency is purchased on the condition that an annotation is placed in the land registry records that it will not be sold for three years, or where a condominium or floor easement has been established, at least 400,000 US dollars or equivalent foreign currency has beendeposited in advance, and the sale of the immovable is promised with a contract drawn up in the notary public, which gives an annotation to the land registry that it will not transfer or abandon it for three years, Determined by the Ministry of Environment, Urbanization and Climate,
It hasbeen determined by the Ministry of Labor and Social Security that it has created employment for at least 5 0 people,
It has been determined by the BDKK that it has deposited deposits of at least 500,000 USD or its equivalent in foreign currency in banks operating in Turkey, provided that it is kept for three years,
It is determined by the Ministry of Treasury and Finance that it has purchased State debt instruments in the amount of at least 500,000 USD or equivalent in foreign currency, provided that it is kept for three years,
It has been determined by the CMB that it has purchased a real estate investment fund participation share of at least 500,000 USD or its equivalent in foreign currency, provided that it holds a participation share or a venture capital investment fund participation share for at least three years,
It is determined by the Insurance and Private Pension Regulation and Supervision Agency that it has deposited its contribution of at least USD 500,000 or its equivalent in foreign currency into the private pension system, provided that it is kept in the funds determined by the Insurance and Private Pension Regulation and Supervision Agency and remains in the system for three years.
Individuals and their foreign spouses, minor or dependent foreign children of themselves and their spouses can be obtained Turkish citizenship in an exceptional way by the decision of the President.
3. Renaturalization
It is a method that allows people who have lost their Turkish citizenship in any way to be re-admitted to the homeland. There is a dual distinction between conditional residence (Article 14 of the TVK) and unconditional of residence (Article 13 of the TVK).
4. Acquisition of Citizenship by Marriage
In order to acquire citizenship through marriage, a Turkish citizen must be married to a foreigner.
In order for marriage to affect citizenship, there must be a legally valid marriage. The material conditions of marriagecan be counted as having the power to discern, reaching the age of marriage, and not having definite obstacles to marriage. The condition of the form of marriage is the declaration of the will to marry in front of the authorized officer.
The acquisition of Turkish citizenship through marriage is regulated in Article 16 of the TVK. According to this provision, persons must have fulfilled the following conditions;
Living in family unity
Not engaging in an activity that is incompatible with the marriage union
Not having an obstacle in terms of national security and public order
Have been married for three years and the marriage is ongoing
Turkish citizenship is acquired with the acquisition of these conditions and the decision of the competent authority.
The acquisition of Turkish citizenship does not directly affect the other existing citizenship.
5. Acquisition of Citizenship by Adoption
This issue is regulated in Article 17 of the TVK. According to the provision, the necessary conditions are as follows;
Minor adoption
Not having an obstacle in terms of national security and public order
If there is a valid adoptive relationship and these conditions are met, the adoptee will be able to acquire Turkish citizenship with the decision of the competent authority.
Please feel free to send us your questions or add comments.
Writer: Aslı Doğan
Editor: Mustafa Aykanat
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