In Which Cases Is Turkish Citizenship Lost and How Are Procedures for Renouncing Turkish Citizenship Carried Out?

The loss of Turkish citizenship means the termination of a person’s citizenship bond with the Republic of Türkiye. Citizenship is not an ordinary legal relationship that a person may terminate solely at their own discretion. The loss of citizenship is an act that changes a person’s fundamental legal status and has significant consequences under public law. Therefore, the loss of Turkish citizenship is subject to certain conditions and procedures under Law No. 5901 on Turkish Citizenship and the Regulation on the Implementation of the Turkish Citizenship Law, which regulates the implementation of that Law.

Chapter Three of the Regulation, under the heading “Loss of Turkish Citizenship,” regulates Articles 40 to 51. These provisions govern the ways in which citizenship may be lost, loss of citizenship by decision of the competent authorities, renunciation of Turkish citizenship by obtaining permission, the documents required to be submitted during the application, the legal nature of the renunciation permit document and renunciation document, the effects of renunciation of citizenship on spouses and children, and the cancellation or correction of a decision granting permission to renounce citizenship.

Fundamental System Regarding the Loss of Turkish Citizenship

According to Article 40 of the Regulation, Turkish citizenship may be lost in two principal ways. The first is loss of citizenship by decision of the competent authorities, and the second is loss of citizenship through the exercise of the right of choice.

Loss of citizenship by decision of the competent authorities may itself be based on different legal grounds. In this context, Article 41 of the Regulation provides that Turkish citizenship may be lost through renunciation of Turkish citizenship by obtaining permission, deprivation of Turkish citizenship, and cancellation of the decision concerning the acquisition of Turkish citizenship.

Within this system, renunciation of citizenship by obtaining permission must be distinguished from the loss of citizenship against the person’s will or as a result of a decision taken by public authorities.

Renunciation of citizenship by obtaining permission refers to an application by a person who wishes to leave Turkish citizenship, provided that the person satisfies the prescribed conditions. In contrast, deprivation of citizenship or cancellation of a decision concerning the acquisition of citizenship may arise independently of the person’s request when certain legal grounds are established.

Renunciation of Turkish Citizenship by Obtaining Permission

Renunciation of Turkish citizenship by obtaining permission is based on the principle that a Turkish citizen may apply to the competent authorities with the intention of terminating their citizenship bond and may be permitted to renounce citizenship if the conditions prescribed by law are satisfied.

An important point here is that merely declaring the intention to leave Turkish citizenship is not sufficient by itself. The conditions prescribed by the relevant legislation must be fulfilled and the required documents must be submitted in order for renunciation to take place.

Article 42 of the Regulation provides that, with respect to persons who request permission to renounce Turkish citizenship and satisfy the conditions set forth in Article 25 of the Law, an application file shall be prepared by the application authorities and submitted to the Ministry for a decision. This file includes the form petition expressing the person’s intention to renounce citizenship, a civil registry record, and documents demonstrating that the person already possesses or will acquire the citizenship of another state.

The primary purpose of this regulation is to prevent the person’s legal status from becoming uncertain after renouncing Turkish citizenship.

Possession or Future Acquisition of the Citizenship of Another State

One of the most important elements of the renunciation procedure is determining whether the person will possess the citizenship of another state after renouncing Turkish citizenship.

If the person has already acquired the citizenship of another state, a document proving this must be included in the file. If the person has not yet acquired foreign citizenship, a document providing assurance that the person will be admitted to the citizenship of the relevant state must be submitted.

This system is important in preventing the person from becoming stateless as a result of renunciation. Renunciation of citizenship should not be viewed merely as the termination of the person’s Turkish citizenship bond; the citizenship status that the person will have after renunciation must also be taken into consideration.

Accordingly, applications for renunciation take into account not only the person’s intention but also the consequences of renunciation for the person’s legal status.

Preparation of the Application File for Renunciation of Citizenship

Following an application to renounce Turkish citizenship, the application authorities prepare a file consisting of documents demonstrating the person’s circumstances.

The file essentially contains the form petition expressing the person’s request to renounce citizenship, a civil registry record obtained through the relevant system, and documents concerning the citizenship of another state.

These documents make it possible to establish the person’s identity, current citizenship status, and compliance with the conditions for renunciation.

Conducting citizenship procedures on the basis of documentary evidence is important for ensuring legal certainty when a person’s citizenship status is being changed. The Regulation aims to ensure that the application is processed through a structured file system and that complete information is transmitted to the authority responsible for making the decision.

Procedures Concerning Permission to Renounce Citizenship and the Competent Authority

After an application for permission to renounce citizenship is submitted, the application authorities conduct the necessary examination and forward the file to the Ministry for a decision.

At this stage, it is assessed whether the applicant satisfies the conditions prescribed by the Law.

Completion of the renunciation procedure requires more than merely submitting a formal application. The competent authority examines whether the statutory conditions for renunciation have been fulfilled.

Therefore, renunciation of citizenship should not be regarded as an entirely automatic procedure. Although the person’s request constitutes the starting point of the renunciation process, the administrative procedures prescribed by the legislation must be completed for the citizenship bond to be legally terminated.

Distinction Between the Renunciation Permit Document and the Renunciation Document

During the citizenship renunciation process, the renunciation permit document and the Turkish citizenship renunciation document must be distinguished from one another.

The renunciation permit document is issued at a particular stage of the process and demonstrates that the legal conditions required for the person to renounce citizenship have been fulfilled.

The renunciation document, on the other hand, represents a later stage in the process concerning the actual termination of the citizenship bond.

Accordingly, the granting of permission to renounce citizenship and the legal termination of citizenship should not be regarded as transactions occurring simultaneously.

The Regulation separately regulates the issuance and delivery of these two documents, their periods of validity, and the procedures to be carried out by the relevant authorities, thereby dividing the renunciation process into distinct stages.

Delivery of the Renunciation Permit and Renunciation Documents

For the renunciation procedure to be completed, the documents issued in the course of the process must be delivered to the relevant person or competent authorities in accordance with the procedures prescribed by the legislation.

Delivery of the document is also important for reflecting the change in citizenship status in the civil registry records.

Therefore, the renunciation procedure does not consist solely of a decision issued by the Ministry. Notification of the decision to the relevant person, issuance of the necessary documents, and updating of the civil registry records are also parts of the process.

This system ensures that changes in citizenship status are reflected clearly and reliably in official records.

Periods of Validity of the Renunciation Permit and Renunciation Documents

Article 46 of the Regulation regulates the periods of validity of renunciation permits and renunciation documents.

The primary purpose of this regulation is to prevent the renunciation procedure from remaining pending indefinitely. It aims to ensure that the renunciation procedure is completed within specified periods and that the person’s citizenship status is accurately recorded in the official records.

Failure to complete the necessary procedures within the validity period of the document may have legal consequences for the renunciation process. Therefore, a person applying to renounce citizenship must take into account not only the decision granting permission but also the validity period of the relevant permit or renunciation document and the procedures that must be completed within that period.

Legal Consequences of Permission to Renounce Citizenship

The granting of permission to renounce citizenship does not, by itself, mean that all legal ties between the person and Turkish citizenship terminate simultaneously.

Once the renunciation procedure has been completed, the person’s citizenship status changes and this change is entered into the civil registry records.

Following the termination of citizenship, certain rights and obligations arising from being a Turkish citizen may also cease. However, Turkish law contains special provisions allowing former Turkish citizens to continue benefiting from certain rights.

In particular, the Blue Card system applicable to persons falling within the scope of Article 28 of the Law is important. Therefore, it should not be concluded that all legal ties of a person with Turkish citizenship necessarily cease in the same manner following renunciation.

Recording the Loss of Citizenship in the Civil Registry

One of the important consequences of the renunciation procedure is the updating of the person’s civil registry records.

Recording the change in citizenship status in the civil registry establishes the person’s official identity and citizenship status in legal terms.

Articles 48 and 49 of the Regulation regulate the procedures to be carried out by the relevant authorities and civil registry offices following the delivery of the renunciation document. In this way, consistency is ensured between the administrative decision and the civil registry record.

These registration procedures are particularly important for determining which citizenship status the person possesses in subsequent legal transactions.

Effect of Loss of Turkish Citizenship on the Spouse

Renunciation of Turkish citizenship does not automatically affect the citizenship status of the person’s spouse.

According to Article 50 of the Regulation, the loss of Turkish citizenship through obtaining permission to renounce citizenship does not affect the citizenship of the spouse.

This regulation is an important consequence of the individual nature of citizenship.

The renunciation of citizenship by one spouse does not automatically cause the other spouse to lose Turkish citizenship. The citizenship status of the other spouse is assessed independently according to that person’s own legal circumstances.

Accordingly, no direct and automatic connection has been established between the marital relationship and citizenship status.

Effect of Renunciation of Citizenship on Children

The consequences of renunciation of citizenship for children are subject to certain conditions.

If both the mother and father lose Turkish citizenship, the child may also lose Turkish citizenship subject to the conditions prescribed by law.

Where only one of the parents renounces citizenship, additional conditions are required for the child’s citizenship status to change. Article 50 of the Regulation provides that, where the person who renounces citizenship makes a request and the other spouse gives consent, the child may lose Turkish citizenship through the parent. If consent is not given, the procedure is carried out in accordance with a judicial decision.

This regulation serves as a safeguard against changing a child’s citizenship status solely on the basis of the unilateral intention of one parent.

Loss of Turkish Citizenship by Only One Parent

Where only one of the parents loses Turkish citizenship, determining the child’s citizenship status requires a more detailed assessment.

The consent of the other spouse is an important element in determining whether the child’s citizenship status will change. If the other spouse does not give consent, judicial consideration may arise in order to protect the child’s best interests and legal status.

Article 50 of the Regulation also contains provisions concerning special circumstances, such as the death of one of the parents or the other spouse being a foreign national.

This system prevents the renunciation procedure from producing automatic and unlimited consequences for the child and ensures that the citizenship status of family members is assessed individually.

Cancellation and Correction of a Decision Granting Permission to Renounce Citizenship

Article 51 of the Regulation regulates the cancellation and correction of decisions granting permission to renounce citizenship.

As with administrative acts generally, illegality or material errors may arise during the citizenship renunciation process. It is therefore important to have a specific regulation governing circumstances in which a decision must subsequently be cancelled or corrected.

Cancellation or correction of a decision affecting citizenship status may also require the official records of the person to be amended accordingly.

At this point, due to the nature of citizenship procedures, importance is attached not only to the applicant’s request but also to the legality of the administrative act and the accuracy of the official records.

Deprivation of Turkish Citizenship

Another institution distinct from renunciation by obtaining permission in the context of the loss of citizenship is deprivation of citizenship.

Deprivation differs from renunciation at the person’s own request in that it is a method of losing citizenship imposed by the competent authority when the grounds specified by law arise.

The fundamental characteristic of this institution is that the person’s intention to leave citizenship is not required.

Accordingly, there is a fundamental distinction in terms of intent between renunciation and deprivation of citizenship. In renunciation, the person’s request constitutes the starting point of the process, whereas in deprivation, the decision of the public authorities is decisive.

Cancellation of a Decision Concerning the Acquisition of Citizenship

Another important institution concerning the loss of citizenship is the cancellation of a decision concerning the acquisition of Turkish citizenship.

Article 41 of the Regulation expressly lists the cancellation of a decision concerning the acquisition of citizenship among the methods by which citizenship may be lost.

If it is subsequently determined that a decision granting citizenship was issued as a result of the person’s making a false statement or concealing material facts that formed the basis for the acquisition of citizenship, cancellation of the decision granting citizenship may arise.

For this reason, it is of great importance that the information and documents provided during a citizenship application be accurate and complete. Article 39 of the Regulation also provides that, where certain documents cannot be obtained, a written declaration may be taken, and that if it is subsequently established that citizenship was acquired as a result of a false statement or concealment of material facts, the decision admitting the person to citizenship may be cancelled.

Loss of Citizenship Through the Exercise of the Right of Choice

Article 40 of the Regulation also identifies the exercise of the right of choice as one of the methods by which Turkish citizenship may be lost.

The right of choice is a special mechanism allowing persons who satisfy certain conditions to leave Turkish citizenship within the framework of the requirements prescribed by law.

This institution is based on a legal foundation different from the general procedure for renouncing citizenship. Accordingly, the loss of citizenship under citizenship law does not consist of a single method; different mechanisms may apply depending on the person’s circumstances, the manner in which citizenship was acquired, and the specific conditions prescribed by the Law.

Protection of Family Unity in the Loss of Citizenship

The provisions of the Regulation concerning the loss of citizenship attach particular importance to protecting the citizenship status of family members.

In particular, the fact that the citizenship of one spouse is not automatically affected by the other spouse’s renunciation of citizenship, and that the citizenship status of children is subject to specific conditions, demonstrates that the regulations seek not only to preserve the individual nature of citizenship but also to protect family unity.

Requiring the consent of the other parent when changing a child’s citizenship status, or requiring a judicial decision in certain circumstances, constitutes an important legal safeguard for protecting the child’s citizenship status.

Importance of the Loss of Citizenship in Terms of Legal Certainty

Since the loss of citizenship changes a person’s status under public law, the relevant procedures must be carried out in a clear, predictable, and legally compliant manner.

For this reason, the Regulation governs not only the substantive conditions for the loss of citizenship but also the application, documentation, examination, decision-making, delivery of documents, and updating of civil registry records in detail.

This system ensures that citizenship status is accurately maintained in administrative records and that it can be established on what date and as a result of which legal act the person’s citizenship status changed.

Conclusion

Chapter Three of the Regulation on the Implementation of the Turkish Citizenship Law regulates the procedures and principles concerning the loss of Turkish citizenship. Article 40 of the Regulation establishes that Turkish citizenship may be lost by decision of the competent authorities or through the exercise of the right of choice. Loss by decision of the competent authorities encompasses different legal mechanisms, including renunciation of citizenship by obtaining permission, deprivation of citizenship, and cancellation of a decision concerning the acquisition of citizenship.

For renunciation of citizenship by obtaining permission, the person must satisfy the prescribed conditions and submit the required documents. Following the application, the competent authorities prepare the relevant file and conduct the necessary examinations. The renunciation permit document and the renunciation document are distinguished from one another, and the change in citizenship status is entered into the civil registry records.

The consequences of renunciation for spouses and children are also regulated separately. In particular, the fact that the spouse’s citizenship is not automatically affected and that the citizenship status of children is subject to specific conditions demonstrates the individual nature of citizenship and the protection of the legal status of family members.

In conclusion, the loss of Turkish citizenship does not consist merely of a person’s desire to leave citizenship. The loss of citizenship is a process consisting of interconnected legal and administrative stages, including the fulfilment of statutory conditions, examination by the competent authorities, preparation of the necessary documents, issuance of a decision, and updating of the civil registry records.

Therefore, when assessing a dispute or application concerning the loss of citizenship, it is necessary to consider not only the person’s intention to renounce citizenship but also the legal ground on which citizenship is being lost, the authority competent to make the decision, whether the decision was duly issued, and the consequences of the loss of citizenship for the spouse and children. Chapter Three of the Regulation establishes the fundamental procedural framework for this process.