Introduction
Nationality is usually acquired by birth, marriage, residence, or investment. However, in certain circumstances, states may grant citizenship directly as an exception, bypassing standard requirements. In Turkey, this mechanism is called citizenship by exceptional cases (istisnai yoldan Türk vatandaşlığı). It is governed by Article 12 of Law No. 5901 on Turkish Citizenship, which gives the President discretionary power to naturalise foreigners who contribute significantly to the country or who meet certain strategic criteria.
This article explains the legal framework of citizenship by exceptional cases in Turkey, outlines the categories of eligible applicants, and provides a practical guide for foreigners.
Legal Framework
1. Governing Legislation
- Law No. 5901 on Turkish Citizenship, Article 12.
- Regulation on the Implementation of the Turkish Citizenship Law.
- Presidential decrees and ministerial circulars setting conditions for different categories (e.g., investment, talent, humanitarian cases).
2. Discretionary Nature
- Unlike standard naturalisation, citizenship by exceptional cases is not a right but a privilege.
- The President of Turkey has final authority to approve or reject applications, even if conditions are met.
Categories of Exceptional Citizenship
According to Article 12, the following groups may be granted Turkish citizenship:
- Persons Contributing to Science, Technology, Economy, Culture, or Sports
- Foreign scientists, entrepreneurs, artists, or athletes who make internationally recognised contributions.
- Example: A world-renowned footballer granted citizenship to play in Turkish leagues.
- Persons Providing Extraordinary Services to Turkey
- Individuals who enhance Turkey’s international reputation, security, or strategic interests.
- Foreigners Married to Turkish Citizens (Shortened Path)
- Although marriage normally requires 3 years, in exceptional humanitarian cases, earlier citizenship may be granted.
- Foreigners Admitted as Immigrants
- Persons of Turkish origin or those closely connected with Turkish culture may be naturalised without the standard residence period.
- Investors (Citizenship by Investment Program)
- Foreigners investing at least USD 400,000 in real estate, USD 500,000 in capital or deposits, or creating 50 jobs.
- These cases are processed under the exceptional citizenship route.
- Humanitarian and Refugee Cases
- In extraordinary humanitarian situations, such as statelessness, refugees or asylum seekers may be considered for citizenship.
Practical Guide for Foreigners
Step 1: Determine Eligibility
- Identify under which category you may qualify (investment, professional talent, humanitarian need).
Step 2: Prepare Application Documents
Common documents include:
- Valid passport and notarised Turkish translation.
- Birth certificate.
- Biometric photos.
- Criminal record (both home country and Turkey).
- Proof of extraordinary contribution (contracts, awards, patents, investment certificates).
Step 3: Application Submission
- Applications are filed at the Provincial Directorate of Population and Citizenship (Nüfus ve Vatandaşlık İşleri Müdürlüğü) or at Turkish consulates abroad.
- Investment cases require confirmation from the relevant ministries (e.g., Ministry of Environment and Urbanisation for real estate, Ministry of Industry and Technology for capital investments).
Step 4: Review and Presidential Approval
- Applications are reviewed by the Ministry of Interior and submitted to the Presidency.
- The final decision is made by the President.
Real Life Applications
- Investor Case
A Lebanese businessman invests USD 600,000 in Turkish real estate. After certification from the Land Registry and Banking authorities, his application is processed and approved as an exceptional case. - Athlete Case
An African-born runner with international records is invited to compete for Turkey. He is granted Turkish citizenship by Presidential decree in recognition of his sporting achievements. - Humanitarian Case
A stateless child born in Turkey is granted Turkish citizenship exceptionally to ensure legal identity and human rights protection. - Turkish Origin Case
A Kazakh citizen of Turkish descent resettles in Anatolia and is granted citizenship under exceptional immigrant status.
Challenges in Practice
- Uncertainty: Even with full documentation, approval depends on Presidential discretion.
- Proof of Contribution: Applicants must demonstrate tangible benefit to Turkey.
- Bureaucracy: Multiple ministries may be involved in verification.
- Legal Misguidance: Some applicants may be misled by unlicensed consultants. Professional legal assistance is essential.
Comparative Perspective
- USA: Exceptional citizenship (naturalisation by Act of Congress) is extremely rare, usually for individuals with extraordinary contributions.
- UK: The Home Secretary may grant nationality exceptionally to persons of outstanding benefit to the country.
- Turkey: More widely applies exceptional citizenship, especially through investment, talent acquisition, and humanitarian policies.
Conclusion
The legal framework of citizenship by exceptional cases in Turkey provides a unique and flexible pathway for foreigners who can demonstrate extraordinary contributions or meet strategic criteria. From global investors to world-class athletes and humanitarian cases, this route reflects Turkey’s efforts to integrate valuable individuals into its society. However, as the process is discretionary, applicants must prepare strong documentation and often require professional guidance. For foreigners, exceptional citizenship represents not only a legal status but also a recognition of their value to Turkey’s future.
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