Av. Gülüzar ÇİLTAŞ

Acquiring Turkish Citizenship

Acquisition of Turkish Citizenship

As provided in Article 5(1) of Law No. 5901 on Turkish Citizenship, “Turkish citizenship is acquired either by birth or subsequently.” Thus, citizenship can be acquired in two ways.

Acquisition by Birth

Citizenship is acquired through the parent-child relationship arising at birth or by place of birth. This citizenship is acquired from the moment of birth.

A child born in wedlock to a Turkish mother or father is Turkish. A child born out of wedlock to a Turkish mother and a foreign father is Turkish. A child born out of wedlock to a Turkish father and a foreign mother acquires Turkish citizenship once paternity is established.

A child who cannot acquire the citizenship of any other country by birth to foreign parents and who is born in Turkey acquires Turkish citizenship from birth.

Subsequent Acquisition of Citizenship

Subsequent acquisition occurs by a decision of the competent authority, by adoption, or by exercising the right of choice.

Acquisition by Decision of the Competent Authority

General acquisition: The process begins with an application by the concerned person to the governorate of their place of residence within Turkey, or, if abroad, to a diplomatic mission. After the application, the competent authorities assess whether the applicant meets all the conditions required by law to acquire Turkish citizenship. Even if the applicant satisfies all statutory conditions, the decision to grant or deny citizenship remains within the discretionary power of the competent authority. Since judicial review is open against all acts and procedures of the administration (Constitution, Art. 125/1), an applicant whose application is rejected may seek cancellation of the refusal.

The conditions required include: uninterrupted residence in Turkey for five years; a decision to settle in Turkey with actions proving this (such as establishing a business or acquiring real estate in Turkey); sufficient command of Turkish; and sufficient income and occupation to support the applicant and those for whom they are legally responsible.

Exceptional acquisition: The statute lists exceptional cases for acquiring citizenship, as follows:

a) Persons who bring industrial facilities to Turkey or provide extraordinary services or are expected to provide such services in the scientific, technological, economic, social, sporting, cultural, or artistic fields, and for whom the relevant ministries submit reasoned proposals.

Foreigners who hold a residence permit under subparagraph (j) of the first paragraph of Article 31 of Law No. 6458 on Foreigners and International Protection, dated 4/4/2013, and Turquoise Card holders, as well as their foreign spouses and their minor or dependent foreign children.

Persons whose acquisition of citizenship is deemed necessary.

Persons accepted as immigrants.

Provided there is no circumstance that constitutes an obstacle from the standpoint of national security and public order, persons satisfying the conditions listed above may acquire citizenship by decision of the President.

Reacquisition: The persons below may, upon application, reacquire Turkish citizenship by Ministry decision regardless of the duration of their residence in Turkey:

Persons who lost Turkish citizenship by obtaining an expatriation permit.
Persons who lost Turkish citizenship as dependents of their mother or father and who did not exercise the right of choice within the period prescribed in Article 21.

Furthermore, under Article 29 of the Turkish Citizenship Law, persons who were deprived of Turkish citizenship may reacquire it by Presidential decree; under Article 34, persons who lost Turkish citizenship may reacquire it by Ministry decree, provided there is no circumstance that constitutes an obstacle from the standpoint of national security and they have resided in Turkey for three years.

Marriage: Marriage to a Turkish citizen does not directly grant Turkish citizenship. To acquire citizenship by marriage, the following conditions must be met: the marriage must have lasted at least three years; the spouses must have lived in a marital union; and no activity incompatible with the marital union must have been carried out. After application, if the Turkish spouse dies, the condition to continue living in a marital union is not required. As with other acquisition methods, satisfying these conditions is not sufficient for acquiring citizenship. Unless there is a circumstance that constitutes an obstacle from the standpoint of national security and public order, the decision to grant or deny citizenship follows the competent authority’s review.

Acquisition by Adoption

A person who is a minor at the time of application and is adopted by a Turkish citizen may acquire Turkish citizenship by Ministry decision, provided there is no circumstance that constitutes an obstacle from the standpoint of national security and public order. Upon acquiring citizenship by adoption, the person is considered a Turkish citizen from the date of the decision.

Acquisition by Exercising the Right of Choice

Using the right of choice is the final method of subsequent acquisition. No decision or discretion of a competent authority is required; a statement by the concerned person to the effect that they wish to acquire Turkish citizenship, made in accordance with procedures, is necessary and sufficient. Thus, children who lost Turkish citizenship as dependents of their mother or father may acquire Turkish citizenship by exercising the right of choice within three years of reaching adulthood.