TURKISH CITIZENSHIP ACT

Law Number : 5901

Date of Adoption : May 29,2009

Date and No. of Publication in the Official Gazette : June 12,2009 - 27256


NOTE: This translation is unofficial and for information purposes only. Read this page first, please. Click "TÜRK VATANDAŞLIĞI KANUNU" for full Turkish text of the Act.

 

PART ONE
Objective, Scope, Definitions and Implementation of Citizenship Services

Objective

ARTICLE 1- (1) The objective of this Act; is to determine the principles and procedures related to implementation of the operations and transactions of the acquisition and loss of Turkish citizenship.

 

Scope

ARTICLE 2- (1) This Act includes regulation of principles related to the acquisition and loss of Turkish citizenship and procedures concerning the implementation of citizenship services.

 

Definitions

ARTICLE 3- (1) In the application of this Act;

a) “Ministry” means the Ministry of Internal Affairs,

b) “Multiple citizenship” means having more than one citizenship of a Turkish citizen at the same time,

c) “General Directorate” means the General Directorate of Population and Citizenship Affairs,

ç) “Turkish citizen” means any person who is bound with the Republic of Turkey with citizenship bond,

d) “Alien” means any person who has no citizenship bond with the Republic of Turkey.

 

Implementation of citizenship services

ARTICLE 4- (1) Services related the acquisition and loss of Turkish citizenship are implemented by the Ministry within Turkey, and by the external representation offices abroad.

 

PART TWO
Acquisition of Turkish Citizenship

Cases of acquiring Turkish citizenship

ARTICLE 5- (1) Turkish citizenship is acquired by birth or afterwards.

 

Citizenship acquired by birth

ARTICLE 6- (1) Turkish citizenship by birth can be acquired by the basis of place of birth or lineage automatically. Citizenship acquired by birth shall have legal effect beginning from the moment of birth.

 

Lineage

ARTICLE 7- (1) A child born to a Turkish citizen father or mother in marriage union, whether in Turkey or abroad, is a Turkish citizen.

(2) A child born to a Turkish citizen mother and an alien father out of marriage union is a Turkish citizen.

(3) A child born to a Turkish citizen father and an alien mother out of marriage union acquires Turkish citizenship in case the principles and procedures providing establishment of lineage are fulfilled.

 

Place of birth

ARTICLE 8- (1) A child born in Turkey, but can not acquire citizenship of any country through his/her alien mother or alien father, shall be a Turkish citizen beginning from birth.

(2) A child found in Turkey is deemed born in Turkey unless specified otherwise.

 

Citizenship acquired later

ARTICLE 9- (1) Turkish citizenship acquired later shall be actualized by a decision of competent authority, by adoption or by the exercise of right to choice.

 

Acquisition of Turkish citizenship by decision of competent authority

ARTICLE 10- (1) Any alien who wishes to acquire Turkish citizenship may acquire Turkish citizenship by the decision of the competent authority, provided that he/she possesses the conditions stipulated by this Act. However, having the conditions required, do not grant an absolute right to the person for acquisition of Turkish citizenship.

 

Conditions required for application

ARTICLE 11- (1) At aliens who wish to acquire Turkish citizenship, the conditions in the following are required;

a) To be major and have distinguishing power according to his or her own national law, or according to the Turkish law if he or she is stateless,

b) To have been resided in Turkey for five years without interruption, backward from his or her date of application,

c) To confirm through his or her behaviours that he or she has decided settling in Turkey,

ç) Not to have any disease that constitutes a danger in respect to public health,

d) To have a good morals,

e) To able to speak Turkish adequately,

f) To have an income or profession in Turkey to provide for his or her own livelihood and those of the people who he or she is responsible for looking after of,

g) Not to have any condition which may pose an obstacle in respect to national security and public order,

(2) At aliens who wish to acquire Turkish citizenship, there may be required the condition of renunciation of the citizenship of the state which they have, together with the requirements mentioned above.

 

Exceptional cases in acquisiton of Turkish citizenship

ARTICLE 12- (1) Provided that there is no any condition of them which may constitute an impediment in respect to national security and public order, aliens, specified below, may acquire Turkish citizenship upon proposal of the Ministry of Interior and the decision of the Council of Ministers.

a) The persons who bring industrial facilities into Turkey or have rendered or believed them to render an outstanding service in the social, technological, economical, social, sportive, cultural or artistic fields and regarding whom a reasoned proposal has been made by the relevant Ministries.

b) The persons whose naturalisation have been deemed indispensable.

c) Those persons who have been accepted as immigrants.

 

Re-acquisition of Turkish citizenship unless required residence permit condition

ARTICLE 13- (1) The persons specified below, can re-acquire Turkish citizenship through decision of the Ministry regardless of their residence period in Turkey, provided there is not any condition of them which may constitute an impediment in respect to national security.

a) The persons who have lost Turkish citizenship by obtaining permission to cease Turkish nationality.

b) Those who have not exercised the right of choice within the period specified in Article 21 of the persons who lost their Turkish citizenship depended upon their mothers or fathers.

 

Re-acquisition of Turkish Citizenship depending on residence permit condition

ARTICLE 14- (1) Those whose Turkish citizenship have been lost pursuant to Article 29, can be re-naturalized upon the decision of the Council of Ministers; and those who have lost Turkish citizenship pursuant to Article 34 cen be the same upon the decision of the Ministry provided that they have been resided in Turkey for three years and there has not been any condition of them which may constitute an impediment in respect to national security.
 

Calculation of residence and periods

ARTICLE 15- (1) Residence for an alien means residing in Turkey with due respect to the Turkish laws. An alien who applies for acquisition of Turkish citizenship, may stay abroad within the residence period required for application, provided that not exceeding six months totally. Periods which have been spent outside of Turkey, shall be considered within the period of residence specified in this Act.
 

Acquisition of Turkish citizenship by way of marriage

ARTICLE 16- (1) Marriage to a Turkish citizen, shall not grant Turkish citizenship automatically. However, aliens who have been married to a Turkish citizen at least for three years and whose marriages still go on, may apply to acquire Turkish citizenship. The conditions of;

a) To live in family union,

b) Not to be in any activity in conflict with marriage union,

c) Not to have any circumstance of which constitutes an impediment in respect to national security and public order,

shall be required at the applicants.

(2) In case where the marriage ceases since the spouse who is a Turkish citizen dies after the application is lodged, there shall not be required the condition specified at (a) subparagraph of the first paragraph.

(3) Aliens who acquired Turkish citizenship by marriage, shall maintain Turkish citizenship if they have been in good faith in entering it in case there has been decided to nullity of marriage.

 

Acquisition of Turkish citizenship by being adopted

ARTICLE 17-(1) Any person who is not major and has been adopted by a Turkish citizen, shall acquire Turkish citizenship beginning from the day of decision, provided that there is not any condition of him or her which may constitute an impediment in respect to national security and public order.

 

Commission of investigation for citizenship applications

ARTICLE 18- (1) There shall be made determination of whether or not the aliens who wants to acquire Turkish citizenship pursuant to Article 11 and Article 16 have required conditions for application. There shall be specified constitution and working principles of the comission, by a by-law.

 

Principles and procedures in acquisition of Turkish citizenship by decision of competent authority

ARTICLE 19- (1) There shall be compiled citizenship file in the name of the persons who possess the required qualifications from among the aliens who wish to acquire Turkish citizenship by the decision of competent authority, and sent to the Ministry so as to be decided. Those whose conditions have been deemed appropriate as a result of an inquiry and investigation performed by the Ministry, may acquire Turkish citizenship upon the decision of the Council of Ministers, however, demands of those which have not been deemed appropriate, shall be rejected by the Ministry.

(2) Procedures of acquisition of Turkish citizenship pursuant to Article 12, shall be performed by the Ministry.

 

Validity and consequences of acquisition of Turkish citizenship by decision of competent authority

ARTICLE 20- (1) Decisions regarding the acquisition of Turkish citizenship shall become valid beginning from the date of the decision.

(2) Acquisition of Turkish citizenship upon the decision of competent authority shall not affect the citizenship of the spouse. Children whose guardianships belong to the mother or father who acquired Turkish citizenship on the date of acquisition, may acquire Turkish citizenship in case the other spouse gives consent. In case the consent has not been given, there shall be taken action according to the decision of judge of the country where habitual residence of mother or father is located. There shall also acquire Turkish citizenship children of mother and father who acquire Turkish citizenship together.

(3) In case where children of mother or father who have not been processed along with them on the date which they acquired Turkish citizenship have made application after they become major, the provisions of Article 11 shall be applied about them.

 

Acquisition of Turkish citizenship by right of choice

ARTICLE 21-(1) Children who have lost their Turkish citizenship depending upon their mother or father pursuant to Article 27, may acquire Turkish citizenship by means of exercising their right of choice within three years beginning from the day on which they become major.

 

Validity and consequences of acquisition of Turkish citizenship by means of right of choice

ARTICLE 22- (1) Acquisition of Turkish citizenship by means of right of choice, shall become valid beginning from the date of decision which is related to the determination of the conditions of exercising of this right.

(2) There shall be applied the provisions of Article 20 concerning spouses and children of the persons who acquire Turkish citizenship by exercising right of choice.

 

PART THREE
Loss of Turkish Citizenship

Circumstances of loss of Turkish citizenship

ARTICLE 23- (1) Turkish citizenship is lost by decision of competent authority or by being used right of choice.

 

Ways of loss of Turkish citizenship by decision of competent authority

ARTICLE 24- (1) Loss of Turkish citizenship by decision of competent authority occurs by renunciation, revocation and cancellation of naturalization.

 

Renunciation of Turkish citizenship

ARTICLE 25- (1) Persons, who request permission to renounce Turkish citizenship, may be given renunciation permit or renunciation document by the Ministry, provided that they possess the following conditions;

a) To be major or to have distinguishing power.

b) To be acquired the citizenship of a foreign state or to have convincing indications that it will be acquired.

c) Not to be from among the persons being sought because of any crime or military service.

ç) Not to be any financial or penal limitation about him or her.

 

Documents for renunciation of Turkish citizenship

ARTICLE 26- (1) To those whose claims have been deemed appropriate from among the persons who request permission for renunciation of Turkish citizenship in order to acquire the citizenship of any foreign state, shall be granted renunciation permit from Turkish citizenship, as to those who certificated that they have acquired citizenship of a foreign state previously or as a result of the permission given, there shall be granted them a cerificate of renunciation of Turkish citizenship, by the Ministry.

(2) Renunciation of citizenship permit shall be valid for a term of two years beginning from the date of the decision. Those who obtained document of permission shall have to give information and documents regarding that they have acquired the citizenship of a foreign state, to the Governorate of the province where being resided within the country or to the diplomatic missions of Turkey as to outside of the country within the same period. In case the citizenship of a foreign state could not have been acquired within its due period, the certificate of renunciation permit shall become invalid.

 

Validity and consequences of renunciation of Turkish Citizenship

ARTICLE 27-(1) Turkish citizenship is lost, upon delivery of the renunciation certificate to the relevant person in consideration of his or her signature. Records in family trees of those persons who lose Turkish citizenship in the civil registry office shall be closed and be treated as aliens beginning from the date of loss.

(2) Loss of Turkish citizenship of one of spouses by means of obtaining renunciation permission, shall not affect the citizenship of the other spouse. If there has been demand of the mother or father who has lost Turkish citizenship and the other spouse has given consent, their children shall also lose citizenship together with them as well. In case the consent has not been given, there shall be taken action according to the decision of the judge. Children of mother and father who lose Turkish citizenship together by obtaining renunciation permit shall also lose Turkish citizenship.

(3) If the loss of citizenship would render the children stateless, there shall not be applied the provisions of this Article.

 

Rights vested to persons who have lost their Turkish citizenship by means of obtaining renunciation permit

ARTICLE 28 - (As Amended: May 9, 2012 - 6304 / 14 Art.)

(1) Persons who were Turkish citizen by birth and who lose Turkish citizenship by means of obtaining renunciation permit and descendants of them up to third degree, continue to benefit from the rights granted to Turkish citizens exactly other than the exceptions mentioned in this Article. Provisions relating to national security and public order are reserved.

(2) Persons who are within the scope of this article, have no rights to vote and to be elected, rights to import car or household goods as exempted and obligation to perform military service. Vested rights of these people concerning social security are reserved and they shall be subject to the provisions of the relevant laws in the exercise of these rights.

(3) The persons who are within the scope of this article, may not be in the public service duty principally and permanently based on a staff, and subject to public law regime. However, hey may be employed as worker, temporary or contracted personnel in public institutions and organizations.

(4) The Council of Ministers may determine to what degree of the descendants beginning from the third degree could benefit from the rights recognized in this Article, if deemed necessary.

(5) It is imperative for the descendants who will benefit from the provisions of this article, to certify the lineage tie with their ascendants.

(6) To the persons who are under the scope of this Article, the Blue Card is drawn up showing that they can benefit from the rights mentioned in this article in case requested by them. This card is in the scope of the Law of Valuable Papers dated February 21,1963 and numbered 210.

(7) Presentation of the Blue Card is sufficient in the exercise of the rights provided by this Article. In case of failure to submit the card, there shall be done process by the registration example provided from the Registry of the Persons Having Blue Card through the instrument of Identity Sharing System and document showing identity information bestowed by the authorities of the country of which has been its nationality. In case any change has occured in the identity information of those persons, it is compulsory for those persons to submit the certificate showing old and new identity information obtained from the authority of the country of which they have been its nationality, together with its Turkish translation attested in due form.

(8) There shall be given identification number to the persons falling under the scope of this Article within the frame of principles to be determined by the Ministry. In the places where the identification number of the Republic of Turkey is sought, this identification number shall be used.

(9) Principles and procedures concerning regulation and distribution of the Blue Card and keeping electronically of the Registry of the Persons Having Blue Card, shall be determined by the Ministry.

(10) Public institutions and organizations, takes all the necessary measures for the implementation of these provisions and make the necessary arrangements.

 

Revocation of Turkish citizenship

ARTICLE 29 - (1) Turkish citizenship of the persons who have been determined by the official authorities that they have been involved in the acts specified below, may be revoked upon proposal of the Ministry and the decision of the Council of Ministers.

a) The persons who have been in any service of an alien State which is contradicting with the interests of Turkey and who do not voluntarily terminate this duty within a reasonable period so as to be not less than three months, despite a notification issued by Diplomatic Representations abroad or local administrative authorities within Turkey.

b) The persons who continue to work with their own request in every kind of service of a state which is at war with Turkey without the permission of the Council of Ministers.

c) The persons who render military service voluntarily in the service of a foreign state without receiving permission.

 

Validity and consequences of renunciation of Turkish citizenship

ARTICLE 30- (1) Renunciation of Turkish citizenship shall take effect beginning from the date on which the Council of Minister’s decision is published in the Official Gazette.

(2) Decisions of renunciation are individual, there shall not affect the spouse and children of the person concerned.

 

Cancellation of Turkish citizenship

ARTICLE 31- (1) If the decision of acquisition of Turkish citizenship has taken place a result of false statement of the person concerned or being hidden important matters which form a basis for acquisition of Turkish citizenship by him or her, it shall be cancelled by the authority that issued the decision.

 

Validity and consequences of the decision of cancellation

ARTICLE 32 - (1) The decision of cancellation shall be effective beginning from the date of decision. Decision of cancellation shall also be applied about the spouse and children who acquired Turkish citizenship by being depended upon the person concerned.

 

Liquidation of assets

ARTICLE 33 - (1) Provisions of the Law on Residence and Travel of Foreigners in Turkey dated July 15,1950 and numbered 5683 shall be applied about the persons whose citizenship are cancelled. When deemed necessery liquidation of assets of those from among these persons, this mattes is specified in the decision of cancellation. These people are obliged to liquidate their assets existing in Turkey within one year. Otherwise, their assets are sold by the Treasury and value of them are deposited to a public bank which is included in the public treasurership system, in their name and account.

(2) In case these people applied for judicial review against decision of cancellation, liquidation proceedings shall be left to the conclusion of the lawsuit.

 

Loss of Turkish citizenship by right of choice

ARTICLE 34 - (1) Those of whose situations are mentioned below, may renounce Turkish citizenship within three years beginning from the date on which they become major.

a) Those from among the persons who acquire Turkish citizenship by birth because of lineage tie to mother or father, who acquire the citizenship of an alien mother or father by birth or afterwards.

b) Those from among the persons who become Turkish citizenship by lineage tie by virtue of mother and father, who acquire citizenship of a foreign state according to the basis of place of birth.

c) Those who acquire Turkish citizenship by means of being adopted.

ç) Those who acquire citizenship of their alien mother or father afterwards, although they have been Turkish citizen according to the basis of place of birth.

d) Those who acquire Turkish citizenship by being dependent upon the mother or father who acquired Turkish citizenship in any way.

(2) If loss of citizenship would render the person stateless pursuant to the provisions above, the right of choice may not be exercised.

 

Validity and consequences of losing citizenship by right of choice

ARTICLE 35- (1) Loss of Turkish citizenship by right of choice, shall be effective beginning from the date of the decision regarding the determination of the existence of conditions concerning the exercise of this right.

(2) The provisions of Article 27 shall be applied about the spouse and children of the persons who renounced Turkish citizenship by right of choice.

 

PART FOUR
Common Provisions

Proving of Turkish Citizenship

Article 36- (1) Proving of Turkish citizenship shall not be subfect to any form.

(2) The official records and documents mentioned below shall constitute a presumption that the person concerned is a Turkish citizen, until the contrary is proved.

a) Birth records.

b) National identification cards.

c) Passport or the documents which substitute for passport.

(3) In case there has been a doubt as to whether a person is a Turkish citizen or not, that issue shall be consulted with the Ministry.

 

Authority to be applied for actions regarding citizenship and procedure

ARTICLE 37- (1) Applications regarding acquisition or loss of Turkish citizenship should be made to the Governorate of the province where being resided or to the Diplomatic Representations abroad in person or with a power of attorney concerning exercise of this right.

 

Requesting of information and document

ARTICLE 38- (1) Information and documents on the investigations and inquiries regarding citizenship procedures shall be provided by public organizations and institutions without giving rise to any delay.

 

Correction of material errors

ARTICLE 39- (1) If it is subsequently understood that there has been a material error in the decisions taken pursuant to this Act, there shall be made correction or alteration of decision by the authority which rendered decision.

 

Withdrawal of citizenship decisions

ARTICLE 40- (1) Decisions regarding acquisition or loss of Turkish citizenship, shall be withdrawn if it is subsequently understood that it has been given repetitiously or without having legal conditions constituted.

 

Notification

ARTICLE 41- (1) Decisions regarding acquisition or loss of Turkish citizenship shall be notified to the concerned person and the authorities of application. The decisions of loss made pursuant to Article 29 shall be published in the Official Gazette and shall be deemed notified on the date which it is published.

 

PART FIVE
Miscellaneous Provisions

Citizens of Turkish Republic of Northern Cyprus

ARTICLE 42- (1) Citizens of Turkish Republic of Northern Cyprus who applid to acquire Turkish citizenship shall acquire citizenship provided that they declare that they wish to become Turkish citizen in written.

(2) The provisions stipulated in Article 11 shall be applied for those who acquired citizenship of Turkish Republic of Northern Cyprus later.

 

Those who lost citizenship according to the Law Numbered 403

ARTICLE 43- (1) The persons who lost Turkish citizenship pursuant to subparagraphs of (a), (ç), (d), and (e) of Article 25 of Turkish Citizenship Law numbered 403, may be re-naturalized in case they applied by the decision of the Council of Ministers regardless of seeking the condition to reside in Turkey, provided that there is not any circumstance of them which constitutes an impediment to national security.

 

Multiple citizenship

ARTICLE 44- (1) In case the persons who acquired the citizenship of a foreign state for any reason have submitted the documents regarding these situations of them and determined that they have been the same persons as recorded as a result of an inquiry made, there shall be made an explanation to the records of birth registry book of them stating that they have multiple citizenship.

 

Service cost for citizenship procedures

ARTICLE 45- (1) Consideration of service costs regarding acquisition of Turkish citizenship later shall be determined jointly by the Ministry and the Ministry of Finance. Total amount of service costs collected, shall be registered as revenue in the budget.

(2) There shall not be collected any service cost determined pursuant to the paragraph one from those who do not have any income according to the Income Tax Law Numbered 193 and for their children processed with them and who are not major.

 

By-law

ARTICLE 46- (1) Procedures and principles regarding the implementation of this Act shall be regulated by a by-law to be issued by the Council of Ministers.

 

Legislation and references repealed

ARTICLE 47- (1) Turkish Citizenship Law dated February 11,1964 and Numbered 403 and the phrase of “province and district” used in the second paragraph of Article 22 of the Civil Registration Services Law dated April 24,2006 and Numbered 5490 are annulled.

(2) References made to the Turkish Citizenship Law dated February 11,1964 and Numbered 403 in the other legislation, shall be considered to be made to this Act.

 

Aliens who are of Turkish descent

PROVISIONAL ARTICLE 1 - (1) Residence period which stipulated in (b) subparagraph of the first paragraph of Article 11, shall be applied for two years until the date of December 31, 2010 for aliens who are of Turkish descent.

 

Implementation of existing by-law

PROVISIONAL ARTICLE 2 - (1) The by-law stipulated in Article 46 shall be prepared and put into force within six months. There shall be continued to apply provisions of existing by-laws that are not contrary to this Act until this by-law enters into force.

 

Entry into force

ARTICLE 48 - (1) This Act shall enter into force on the date of its publication.

 

Enforcement

ARTICLE 49 - (1) Provisions of this Act shall be enforced by the Council of Ministers.