In our legal system, a citizenship lawyer provides legal consultancy and representation services for foreign nationals in matters related to acquiring citizenship, as well as in disputes, transactions, and lawsuits concerning citizenship law. While offering services in this field, citizenship lawyers also utilize other areas of law and possess extensive legal knowledge and experience. A citizenship lawyer works in connection with Constitutional Law, Civil Law, and International Law when addressing citizenship-related issues. Therefore, the most critical factor to consider when selecting a citizenship lawyer is to work with someone who has comprehensive knowledge and experience in various fields of law.
Citizenship law is a branch of law that regulates an individual’s allegiance to a state and, as a result of this allegiance, their various rights and obligations. In our country, particularly in recent years, acquiring Turkish citizenship has become a highly valuable goal for foreign nationals. However, the processes and methods involved in citizenship transactions are highly complex and time-consuming. Working with a lawyer who is experienced and knowledgeable in this area can both accelerate the process and prevent potential rights violations.
In our law firm, with our team of expert lawyers, we have successfully addressed and resolved numerous issues in the field of citizenship law for many years. Some of these matters include:
- Acquiring citizenship through the general process – Citizenship acquisition by decision of the competent authority,
- Procedures for acquiring Turkish citizenship through 5 years of residence,
- Procedures for acquiring Turkish citizenship through marriage,
- Procedures for acquiring Turkish citizenship through investment,
- Procedures for acquiring Turkish citizenship through parentage (mother or father),
- Procedures for acquiring Turkish citizenship through adoption,
- Procedures for acquiring Turkish citizenship through the Turquoise Card,
- Procedures for revocation of Turkish citizenship,
- Following up on the process and filing lawsuits for the annulment of decisions in cases where citizenship applications are rejected,
- Resolving legal disputes related to dual or multiple citizenship.
WAYS TO ACQUIRE CITIZENSHIP IN TURKISH LAW
The methods and conditions for acquiring citizenship in Turkish law are regulated under the Turkish Citizenship Law No. 5901. According to this law, Turkish citizenship can fundamentally be acquired in two ways: by birth or descent, and secondly, through subsequent acquisition. As per the provisions of the Turkish Citizenship Law:
Citizenship Acquired by Birth
ARTICLE 6 – (1) Turkish citizenship acquired by birth is automatically granted based on descent or place of birth. Citizenship acquired by birth is effective from the moment of birth.
Descent
ARTICLE 7 – (1) A child born within the marriage to a Turkish citizen mother or father, whether in Turkey or abroad, is a Turkish citizen.
(2) A child born out of wedlock to a Turkish citizen mother and a foreign father is a Turkish citizen.
(3) A child born out of wedlock to a Turkish citizen father and a foreign mother acquires Turkish citizenship if the procedures and requirements for establishing the line of descent are fulfilled.
Place of birth
ARTICLE 8 – (1) A child born in Turkey who cannot acquire the citizenship of any country due to their foreign mother and father is a Turkish citizen from the moment of birth.
(2) A child who has been present in Turkey is considered to be born in Turkey unless proven otherwise.
Naturalized Citizenship
ARTICLE 9 – (1) Acquired Turkish citizenship occurs through a decision of the competent authority, adoption, or the exercise of the right to choose.
Acquiring Turkish citizenship through the decision of the competent authority.
ARTICLE 10 – (1) A foreigner who wishes to acquire Turkish citizenship may gain Turkish citizenship through the decision of the competent authority, provided that they meet the conditions specified in this Law.
However, meeting the required conditions does not grant an absolute right to acquire citizenship.
(2) (Added: 19/10/2017-7039/28th article) The fundamental principles and rules to be applied in acquiring Turkish citizenship later under this Law are determined by the Ministry, after consulting the opinions of the relevant public institutions and organizations.
Conditions for Acquiring Citizenship under Turkish Law
The general conditions for acquiring Turkish citizenship are also outlined in the Turkish Citizenship Law No. 5901. According to the relevant provision of the law, the conditions are as follows:
Article 11 – (1) Foreigners who wish to acquire Turkish citizenship must meet the following conditions:
a) To be of legal age and have the mental capacity to make decisions according to their own national laws, or if stateless, according to Turkish laws,
b) To have resided in Turkey continuously for five years prior to the application date,
c) To confirm through their behavior that they have decided to settle in Turkey,
ç) To not have a disease that poses a threat to public health,
d) To be of good moral character,
e) To be able to speak Turkish sufficiently,
f) To have an income or profession sufficient to support themselves and those dependent on them in Turkey,
g) To not have a condition that would pose a threat to national security or public order.
Exceptions to Acquiring Citizenship in Turkish Law
In Turkish law, exceptional cases for acquiring Turkish citizenship do not require the 5-year residence condition. However, certain conditions must still be met. These conditions, which are also regulated under the Turkish Citizenship Law, include:
ARTICLE 12 – (1) Provided that there is no situation that would pose an obstacle in terms of national security and public order, the following foreigners may acquire Turkish citizenship by a decision of the President.
- Individuals who bring industrial facilities to Turkey or who have made or are expected to make extraordinary contributions in the fields of science, technology, economy, social, sports, cultural, and artistic areas, and who have been recommended for citizenship by the relevant ministries with justifiable proposals.
- Foreigners who have obtained residence permits under Article 31(1)(j) of the Law on Foreigners and International Protection No. 6458 dated 4/4/2013, as well as holders of the Turquoise Card and their foreign spouses, and their minor or dependent foreign children.
- Individuals deemed necessary for naturalization.
- Persons accepted as immigrants.
(2) (Added: 19/10/2017-7039/29) Applications from individuals who have circumstances that pose a threat to national security and public order shall be rejected by the Ministry.
What is the Turquoise Card in Turkish Law?
The Turquoise Card, which came into effect on March 17, 2017, in Turkey, is a card that grants foreign nationals the right to work and reside in Turkey indefinitely. Additionally, holders of the Turquoise Card also have the right to reside indefinitely. However, it is important to note that individuals holding a Turquoise Card are exempt from military service obligations and do not have the right to vote or be elected.
The scope of this card is regulated in the Regulation on the Turquoise Card No. 30007, and Article 5 of the regulation specifies who can hold a Turquoise Card. According to this article, qualified workers, investors, scientists, successful individuals in cultural, artistic, and sports fields, and those contributing to the recognition of Turkish culture internationally, or individuals working in the interests of the Turkish state, are eligible to obtain the Turquoise Card. Furthermore, these individuals must not pose a threat to Turkish public order and national security.
Another important point to note about the Turquoise Card is that it does not directly grant citizenship rights. Therefore, individuals holding the card must also apply for citizenship if they wish to acquire it.
Acquiring citizenship through real estate and investment in Turkish law.
In Turkish law, foreign nationals can acquire citizenship through investment. If foreign nationals meet certain requirements, they can acquire Turkish citizenship by purchasing real estate in accordance with the procedures. The conditions for acquiring citizenship in this way include being among the foreigners eligible for exceptional citizenship acquisition and not having any issues that would pose a threat to national security or public order.
According to Article 31/j of the Law on Foreigners and International Protection No. 6458, foreigners listed in the article can acquire Turkish citizenship by purchasing a property worth 400,000 USD. Additionally, the foreign spouse and minor children of these individuals can also acquire Turkish citizenship through their connection to the primary applicant. The Turkish Citizenship Implementation Regulation lists the types of investments that can lead to citizenship acquisition through investment. According to Article 20 of this regulation, citizenship can be acquired through investment methods such as fixed foreign currency investment, bond investment, or creating employment.
According to the regulation on acquiring Turkish citizenship, acquiring citizenship through these exceptional methods is not subject to the general conditions. Article 2 of the regulation outlines the exceptional paths and conditions for citizenship acquisition. According to this provision, those who can acquire citizenship include:
- At least 500,000 US Dollars or the equivalent in foreign currency invested as fixed capital, as determined by the Ministry of Industry and Technology.
- At least 400,000 US Dollars or the equivalent in foreign currency for purchasing a property with condominium or floor ownership, or land with a structure, with the condition that the property is not sold for three years, as recorded in the land registry, or for purchasing a property with condominium or floor ownership, where at least 400,000 US Dollars or its equivalent is paid in full, and the sale of the property is promised through a contract signed in front of a notary, with the condition that the property cannot be transferred or abandoned for three years, as determined by the Ministry of Environment, Urbanization, and Climate Change.
- Creating employment for at least 50 people, as determined by the Ministry of Labor and Social Security.
- Depositing at least 500,000 US Dollars or the equivalent in foreign currency in Turkish banks, with the condition that the deposit is maintained for three years, as determined by the Banking Regulation and Supervision Agency.
- Purchasing State debt instruments worth at least 500,000 US Dollars or the equivalent, with the condition that they are held for three years, as determined by the Ministry of Treasury and Finance.
- Purchasing participation shares in a real estate investment fund or venture capital investment fund worth at least 500,000 US Dollars or its equivalent, with the condition of holding them for at least three years, as determined by the Capital Markets Board.
- Depositing at least 500,000 US Dollars or the equivalent in contribution shares in funds identified by the Insurance and Private Pension Regulation and Supervision Agency, and maintaining them in the individual pension system for three years, as determined by the Insurance and Private Pension Regulation and Supervision Agency.
How to Apply for Turkish Citizenship by Purchasing Real Estate under Turkish Law
Foreign nationals who wish to acquire citizenship by purchasing real estate must first buy property worth at least 400,000 USD and obtain a short-term residence permit. After purchasing the property, it is necessary to obtain a conformity certificate from the relevant authority, the General Directorate of Land Registry and Cadastre, to ensure the property meets the requirements for citizenship application. Once the conformity certificate is obtained, an application for a short-term residence permit is made to the provincial immigration office.
Next, the required documents for the citizenship application are compiled and submitted to the Population Directorate within the governor’s office. The application is then evaluated by the relevant authorities, and if deemed appropriate, a file is created in the name of the applicant. Subsequently, the decision regarding the acquisition of Turkish citizenship is sent for approval by the President, and ultimately, Turkish citizenship is granted through a presidential decree.
Necessary Documents for Applying for Turkish Citizenship by Purchasing Real Estate Worth 400,000 USD in Turkish Law
In the Turkish legal system, the necessary documents for applying for Turkish citizenship through the purchase of real estate are clearly listed in the Regulation on the Implementation of the Turkish Citizenship Law. According to Article 20/3 of the Regulation, the required documents are as follows:
- A petition form indicating the request,
- A passport or similar document showing the person’s nationality, or if stateless, a document related to this status if obtainable,
- A civil status certificate and, if married, a marriage certificate; if divorced, a divorce certificate; if widowed, a death certificate of the spouse,
- A document showing the person’s identity details such as a birth certificate or population registration copy, and if married, a population registration copy or similar document proving the family ties of the spouse and children,
- If the person has Turkish citizen first or second degree relatives, a population registration copy obtained from the relevant authorities for these individuals,
- If the person’s birth date does not include the month and day, a document from the competent authorities of their country of origin to complete the birth date; if the document cannot be obtained, a signed declaration agreeing to proceed with the process according to Article 39 of the Population Services Law No. 5490,
- A receipt showing that the service fee has been paid to the Ministry of Finance’s cashier.
Documents to be submitted in the application, such as a passport and population registration copy, which are to be obtained from abroad, must be notarized and submitted along with a notarized Turkish translation. Additionally, if the citizenship application is made through a representative, such as a lawyer, a power of attorney containing special authorization must also be submitted to the competent authority.
Gaining Citizenship through Marriage in Turkish Law
In Turkish law, foreign nationals may have the right to acquire Turkish citizenship through marriage. However, there are certain conditions for this. These conditions are regulated in Article 16 of the Turkish Citizenship Law. According to this legal provision, the conditions are as follows:
ARTICLE 16 – (1) Marriage to a Turkish citizen does not automatically grant Turkish citizenship. However, foreign nationals who have been married to a Turkish citizen for at least three years and whose marriage is ongoing may apply for Turkish citizenship. Applicants must meet the following conditions:
- Live together in marital unity,
- Not engage in any activity incompatible with the marriage union,
- Not have any condition that would pose an obstacle to national security and public order.
(2) If the marriage ends due to the death of the Turkish citizen spouse after the application, the condition specified in paragraph (a) of the first paragraph is not required.
(3) Foreigners who acquire Turkish citizenship through marriage will retain their citizenship if a decision is made regarding the annulment of the marriage, provided they acted in good faith during the marriage.
Antalya Citizenship Law Attorney
In our country, it has become increasingly common for foreign nationals to apply for Turkish citizenship through real estate or investment. The process of acquiring Turkish citizenship or dealing with citizenship law cases is quite complex and time-consuming. Furthermore, since foreign nationals may not be familiar with the Turkish legal system and its procedures, it is essential to seek legal assistance.
Lawyers specializing in citizenship law will not only rely on citizenship law but also on expertise in constitutional law, international law, and civil law. Therefore, working with an attorney who has extensive knowledge and experience in these areas will expedite the process and prevent any loss of rights.
In our law office located in Antalya, we provide legal consulting and representation services with our team of attorneys who are specialized and highly knowledgeable in these fields. You can contact us through the communication section and make an appointment for any legal matters and procedures.
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