Principles Of Admission To Turkish Citizenship
Citizenship; is a bond between a person and a country that gives rise to the rights and duties established by the constitution and laws of that country, and states are a statute expressing the person’s belonging to the state in terms of law. There are certain rights and responsibilities that Turkish citizens are acquainted with the law. These are; the right to be elected and elect, to give tax, to comply with the law and to do military service. These four titles, as well as other Turkish citizenship rights, have been further elaborated in the section on “Fundamental Rights and Duties” of our Constitution. Status Of Acquisition Of Turkish Citizenship Acquisition of Turkish citizenship is based on the Turkish Citizenship Law. According to the law, the acquisition of citizenship takes place in two ways; to win by birth, win later. The subsequent acquisition of Turkish citizenship takes place in three ways; by the decision of the competent authority, by adoption and by the right of choice. The decision of the competent authority and the acquisition of citizenship; it is up to the discretion of the competent authority to determine the legal requirements of the person. The acquisition of Turkish citizenship by the decision of the competent authority is also examined under four separate headings. These are; obtaining the Turkish citizenship in general, exceptionally, re-acquasition, A)Acquisition Of Turkish Citizenship İn General: The requirements for foreigners seeking to acquire Turkish citizenship in this way are;
- According to their national law or stateless, according to the Turkish Civil Code, being mature and having distinctive power,
- In Turkey, the application made to acquire Turkish citizenship to have resided during the five years backwards,
- To Show the decision of settle in Turkey by behaviours like; to acquire immovable property in Turkey, build a business, investing, trading or move the business center to Turkey, work on business by being subject for a work permit, residing in Turkey as a family or to marry a Turkish citizen, to have father, mother, siblings or child who won the main Turkish citizenship before, or to complete training in Turkey, to live in Turkey by long term residance permit,
- Not having a hazard about the general health,
- Having good morals; not being convicted of offenses against public order, not being punished, even if deferred, or not being in a position to make these behaviors habitual, not using drugs or not engaging in prostitution,
- The ability to speak Turkish enough,
- Not to have an obstacle in terms of national security and public order.
- a) According their own law or if they are stateless, then according to the Turkish Civil Code numbered 4721 not being mature and not having distinctive power,
- c) Legal residence permit or without lawful Although learning that show the settlement intentions in Turkey, temporary accommodation, tourist travel, escorted to studying children\’s asylum request is understood that investigations are connected to the residence for reasons such as foreign or therapeutic purposes,
- B) Exceptionally Acquisition of Turkish Citizenship:
7.To have enough income and occupation for themselves and the person who they have an obligation to take care of them It may be requested from the foreigners who want to go to Turkish citizenship, to belong to the Council of Ministers. The authorities applying for the acquisition of Turkish citizenship are governorships. Preliminary examination of the foreign applicant who wants to acquire Turkish citizenship; b)The person who havent resided Backwards to the date of application without interruption for five years in Turkey ç) Any person who has been tried or convicted or detained for any offense, d)Not submitting the documents required for application, applicants will not be accepted.
- Establishing industrial facilities in Turkey or scientific, technological, economic, social, sporting, cultural and artistic area of outstanding service to the people sooner or later will be considered and reasoned proposals made in the ministries rights
- The necessity of international relations and the benefit of our country or for any other reason necessary to obtain Turkish citizenship by the Council of Ministers,
- The people accepted as immigrants according to the Resettlement Law can acquire Turkish citizenship through the Decision of the Council of Ministers and the proposal of the Ministry, irrespective of other conditions required for the acquisition of Turkish citizenship in general, provided that there is no obstacle in terms of national security and public order.
These people are those who are required to obtain international citizenship, the benefit of our country or the Turkish citizenship of the Council of Ministers for any reason.
- C) Re-acquisition of Turkish Citizenship:
Those who have lost their Turkish citizenship for any reason are entitled to re-acquire Turkish citizenship in two ways: the re-acquisition of Turkish citizenship without regard to the conditions of residence, the re-acquisition of Turkish citizenship according to the condition of residence.
- Re-acquisition regardless to the condition of residence; the people who are mentioned below can acquisite Turkish citizenship by the decision of Ministery without requiring conditions of the residance if they have no situation as obstacle about national security
- Loss of Turkish citizenship by permission to leave,
- The people who have lost their Turkish citizenship with relation of mother or father without intention and the people who cant use their right of choice in 3 years after being adult
- The people who lost their Turkish citizenship according to Turkish Citizenship Law No. 403,
- Re-acquiring of turkish citizenship regard to the condition of residance: According to the 29th dam of the law , the people who have lost their citizenship can acquire the citizenship again by the decision of Council of Ministery if they have no situation as obstacle about national security and if they resided for 3 years in Turkey. The people who have lost their citizenship by using the right of choice can acquire the citizenship if they dont have any situation as obstacle about national security and if they resided in Turkey for 3 years
- D) Acquisition Of Turkish Citizenship By Marriage: Marriage with a Turkish citizen does not directly acquire Turkish citizenship. Foreigners who have been married to a Turkish citizen for at least three years and whose marriage is still continuing can apply to gain Turkish citizenship. After the date of the application, due to the death of a Turkish citizen, marriage is not required to live in the family union. In the case of foreign applicants applying for the acquisition of Turkish citizenship by marriage, the following conditions are required:
- Living in a family union,
- Not to engage in activities such as prostitution, intermediation of prostitution or women\’s trade within ten years from the date of the application, not to engage in activities which is incompatible with the marriage union,
- Not to be an obstacle in terms of national security and public order.
Preliminary examination and investigation are carried out on the foreigner who is applying to acquire Turkish citizenship by marriage. As a result of the research;
- A Turkish citizen has not been married for three years,
- If their marriage ends with reasons such as divorce or death,
- If they are convicted of any offense,
- Failing to submit the required documents,
the application will not be accepted. In case of acquisition of Turkish citizenship through adoption, minor foreigner adopted by a Turkish citizen shall acquire Turkish citizenship if it provided that there is no situation that would constitute as an obstacle in terms of national security and public security. They may acquire Turkish citizenship by using the right to choose who have lost their Turkish citizenship outside their will due to their mother or father and who have given written notification in order to acquire Turkish citizenship within three years of becoming a minor. Abroad, foreign representations are held in person or with a special power of attorney for the use of this right. Applications by mail are not accepted. Citizenship applications by persons who are not mature or who are devoid of discriminating power are made by the parents or the authorities. Mavera Law Office provides counseling and legal aid services about application, in case of disputes that related to the application for the acquisition of Turkish citizenship.’,
