What Are the General Principles and Application Procedures Regarding Turkish Citizenship?

The Regulation on the Implementation of the Turkish Citizenship Law is one of the principal secondary legislative instruments governing the implementation of Law No. 5901 on Turkish Citizenship. The Regulation sets out detailed rules concerning the acquisition and loss of Turkish citizenship, reacquisition of citizenship, proof of citizenship, application procedures, competent authorities, and various procedural matters relating to citizenship transactions.

When assessing matters concerning Turkish citizenship, it is necessary to consider not only the provisions of the Regulation but also, primarily, Law No. 5901 on Turkish Citizenship, the relevant provisions of the Constitution, and international treaties to which Türkiye is a party. The Regulation is complementary in nature and provides the administrative framework for implementing the fundamental principles established by the Law.

This section examines, in particular, the general provisions of the Regulation, the administration of citizenship services, the acquisition of citizenship by birth, citizenship based on descent and place of birth, as well as application and notification procedures.

Purpose and Scope of the Regulation

The primary purpose of the Regulation is to establish the procedures and principles governing the acquisition and loss of Turkish citizenship and other transactions relating to citizenship.

Turkish citizenship is not merely a legal status held by an individual. Citizenship represents a permanent legal and political bond between an individual and the Republic of Türkiye and forms the basis of numerous rights and obligations arising under public law. Therefore, the acquisition and loss of citizenship are subject to specific legal requirements and administrative procedures.

The Regulation aims to ensure legal certainty and administrative consistency in citizenship procedures by determining which authorities are responsible for carrying out such procedures, how applications are to be submitted, which documents must be provided, and how applications are to be assessed.

The principal legal basis for the Regulation is Law No. 5901 on Turkish Citizenship. Accordingly, the provisions of the Regulation cannot be interpreted in a manner that contradicts the Law or creates a new condition for the acquisition of citizenship that is not provided for by the Law.

Fundamental Concepts Relating to Turkish Citizenship

In order to properly understand the provisions concerning the acquisition and loss of Turkish citizenship, it is necessary to be familiar with the fundamental concepts used in citizenship law.

A Turkish citizen is a person who has a citizenship bond with the Republic of Türkiye. This citizenship bond demonstrates that the individual possesses Turkish citizenship as a legal status.

With regard to the acquisition of citizenship, a fundamental distinction is made between acquisition by birth and acquisition after birth.

Acquisition by birth is primarily based on the principles of descent and, under certain circumstances, place of birth. Acquisition after birth, on the other hand, occurs when a person obtains Turkish citizenship after birth by fulfilling the conditions prescribed by law and completing the required administrative procedures.

This distinction is important in determining the date from which citizenship is acquired and the legal nature of the relevant citizenship transaction.

Administration of Citizenship Services

Transactions relating to Turkish citizenship are carried out by competent administrative authorities operating within the central and provincial administrative structures.

The Ministry of Interior plays a central role in citizenship procedures. The relevant units within the Ministry are responsible for conducting citizenship procedures, examining applications, and coordinating with the relevant public authorities.

Depending on the nature of the application, provincial directorates and Turkish diplomatic missions abroad may also perform duties in connection with citizenship procedures.

This system makes it possible to receive and process citizenship applications both from foreigners residing in Türkiye and from persons living abroad.

Since citizenship procedures are administrative in nature, applications must be submitted through the competent authorities and in accordance with the procedures established by the Regulation.

Acquisition of Turkish Citizenship by Birth

Acquisition of Turkish citizenship by birth is one of the fundamental subjects of citizenship law.

Under Turkish law, acquisition of citizenship by birth is primarily based on the principle of descent. Accordingly, a child may acquire Turkish citizenship by birth if the child has a Turkish citizen mother or father, subject to the conditions established by law.

The acquisition of citizenship by a child depends not merely on where the child was born, but on the existence of a legally established relationship of descent between the child and a Turkish citizen parent.

Therefore, the child’s date of birth, the citizenship status of the parents, and whether the legal relationship of descent has been duly established are important when determining citizenship acquired by birth.

Acquisition of Turkish Citizenship Based on Descent

The principle of descent constitutes the principal method of acquiring Turkish citizenship by birth.

A child born to a Turkish citizen mother or father may acquire Turkish citizenship by birth in accordance with the rules governing descent established under Turkish law.

Citizenship may also be acquired where the parents have different nationalities. For example, a child may acquire Turkish citizenship where the mother is a Turkish citizen and the father is a foreign national, or where the father is a Turkish citizen and the mother is a foreign national, provided that the statutory requirements are satisfied.

The fundamental purpose of this system is to protect the legal bond between a Turkish citizen and the child for purposes of citizenship status.

In cases of citizenship based on descent, the country in which the child was born is not necessarily determinative. A child born in a foreign country may acquire Turkish citizenship by birth through the legally established relationship of descent with a Turkish citizen mother or father.

Descent in Respect of Children Born Out of Wedlock

When determining the citizenship status of children born out of wedlock, it is important to establish with which parent and through which legal procedure the relationship of descent has been established.

In particular, where the legal relationship between the father and the child is not automatically established at birth, descent may be established through recognition, a paternity judgment, or other legally recognized means.

The establishment of a legally valid relationship of descent is important in determining the child’s Turkish citizenship.

Accordingly, the existence of a biological relationship alone may not always be sufficient; the relationship of descent must also be legally recognized and valid.

Acquisition of Turkish Citizenship Based on Place of Birth

Under Turkish law, place of birth is a secondary basis for acquiring citizenship compared with descent.

Not every child born in Türkiye automatically becomes a Turkish citizen. The fundamental principle under Turkish law is citizenship based on descent rather than place of birth.

Nevertheless, the Law provides, under certain conditions, that a child born in Türkiye who cannot acquire the citizenship of any state, or who cannot acquire another state’s citizenship by birth, may acquire Turkish citizenship.

This provision is particularly important in terms of preventing statelessness.

Accordingly, birth in Türkiye alone does not automatically result in Turkish citizenship in every case. The specific conditions prescribed by law for citizenship based on place of birth must be satisfied.

Protection of Stateless Children

Statelessness refers to a situation in which a person is not considered a citizen by any state.

Preventing statelessness is one of the important objectives of modern citizenship law. Turkish citizenship legislation also provides, under certain circumstances, for children born in Türkiye who do not acquire the citizenship of another state by birth to acquire Turkish citizenship.

This approach aims to prevent children from being left without any citizenship status.

When determining citizenship, factors such as the citizenship status of the child’s parents, place of birth, whether the law of a foreign state grants citizenship to the child, and the existence of a legal relationship of descent may be assessed together.

Application Procedures for the Acquisition of Turkish Citizenship

The application procedure is of particular importance in cases where Turkish citizenship is acquired after birth.

Applications must be submitted to the competent authority, the necessary documents must be provided, and the identity information of the applicant must be verified.

For foreigners residing in Türkiye, applications are generally made through the competent administrative authorities in the relevant locality, whereas persons residing abroad may submit applications through Turkish diplomatic missions.

The submission of an application does not itself mean that Turkish citizenship has been acquired. The application merely initiates the citizenship acquisition process.

The competent authority examines whether the applicant satisfies the statutory requirements and conducts the necessary inquiries before the relevant decision-making process is completed.

Documents Required for Citizenship Applications

The documents required for a citizenship application may vary depending on the legal basis of the application.

In general, documents establishing the applicant’s identity, marital status, birth details, legal status in Türkiye, and other conditions relevant to the application may be required.

With regard to documents issued by foreign authorities, matters such as the validity of the document, apostille procedures where applicable, and Turkish translations may also become relevant.

Additional documents may be required depending on the type of application. For example, applications based on marriage may require documents establishing the marriage and family relationship, whereas applications based on investment may require documents demonstrating that the relevant investment requirement has been satisfied.

Accordingly, rather than referring to a single uniform list of documents, it is necessary to determine the documents required according to the legal basis of the particular citizenship application.

Examination and Conclusion of Applications

Following the submission of a citizenship application, the competent authorities examine whether the applicant satisfies the relevant conditions.

This examination does not consist merely of checking the documents formally. Depending on the type of application, the applicant’s legal status in Türkiye, period of residence, family relationships, and, where relevant, matters concerning public order and national security may be assessed.

The fact that an applicant satisfies the conditions established by law does not necessarily produce the same legal result for every type of citizenship application. Particularly where citizenship is acquired by decision of the competent authority, the relevant administrative authorities assess whether the statutory requirements have been fulfilled.

Therefore, a distinction must be made between submitting a citizenship application and actually acquiring citizenship.

Examination Powers of the Competent Authorities

Various public authorities may have responsibilities in the assessment of citizenship applications.

Depending on the type of application, information and documents may be requested from the relevant public institutions. This is particularly important in applications where the applicant must be assessed with regard to public order and national security.

Due to the nature of citizenship procedures, the documents submitted by the applicant may be evaluated together with information obtained from public authorities.

This system ensures that citizenship status is not determined solely on the basis of an individual’s application but following an administrative examination of whether the statutory requirements have genuinely been fulfilled.

Importance of Personal Information in Citizenship Procedures

The accuracy and currency of an individual’s identity and civil status information are of great importance in citizenship procedures.

Personal information such as the applicant’s name, surname, date of birth, place of birth, parents’ identities, marriage and divorce records may be relevant when determining citizenship status.

Where inconsistencies exist between documents, the processing of the application may be delayed or additional inquiries may be required.

Therefore, it is important that the information contained in the documents submitted by the applicant is consistent and that documents issued by foreign authorities are prepared and authenticated in accordance with the procedures required for their use in Türkiye.

Status of Children in Citizenship Procedures

The legal status of children must be separately assessed in citizenship procedures.

Factors such as the citizenship status of the mother and father, the nature of the relationship of descent, the child’s date of birth, and any other citizenships held by the child may be relevant.

Certain citizenship acquisition or loss procedures may also produce legal consequences for spouses and children. However, such consequences arise only where the relevant statutory requirements are satisfied.

Particularly where citizenship is acquired or lost through a family relationship, the citizenship status of each family member should be examined separately.

General Principles Regarding Multiple Citizenship

Under Turkish law, an individual may, under certain circumstances, hold citizenship of another state simultaneously with Turkish citizenship.

The possession of citizenship of more than one state is referred to as multiple citizenship.

The fact that a person holds the citizenship of another state does not, by itself, mean that the person has lost Turkish citizenship. The individual’s Turkish citizenship status is determined in accordance with Turkish citizenship legislation.

Accordingly, the acquisition of foreign citizenship should not automatically be equated with the loss of Turkish citizenship.

Determination of Citizenship Status

Where it is necessary to determine whether an individual is a Turkish citizen, population records, citizenship files, official documents, and, where necessary, other evidence may be taken into consideration.

Determining citizenship status may require an examination of the individual’s legal history from birth onwards.

In particular, old citizenship records, documents concerning descent, or records relating to citizenship of another state may require investigation by the competent administrative authorities.

Therefore, citizenship status is not determined solely on the basis of an individual’s statement but on the basis of their legally established status supported by official records and documents.

Individual Nature of Citizenship Applications

One of the fundamental principles in citizenship applications is that the legal basis on which the applicant seeks to acquire citizenship must be clearly established.

The conditions for acquiring citizenship through the general procedure, through marriage, through reacquisition, or through exceptional naturalization differ from one another.

Therefore, it is important that the application is submitted under the correct legal category.

At the same time, where an applicant may qualify for citizenship through more than one legal route, determining which legal route is more appropriate may be important with regard to the procedure and legal consequences of the application.

Importance of Administrative Procedure in Citizenship Matters

Since Turkish citizenship procedures are carried out by administrative authorities, administrative procedure constitutes an important element of citizenship law.

The application must be submitted to the competent authority, the required documents must be provided, the necessary investigations must be conducted, and the decision must be issued by the competent authority.

The applicant’s belief that they satisfy the requirements for citizenship and the administration’s completion of the citizenship procedure are not legally identical matters. The administration must conduct the necessary assessments within the framework of the Law and the Regulation and complete the relevant decision-making procedure.

Accordingly, both substantive requirements and procedural rules must be taken into consideration in citizenship procedures.

General Assessment

The Regulation on the Implementation of the Turkish Citizenship Law establishes an important implementation framework for the acquisition of Turkish citizenship and the administration of citizenship procedures.

For the acquisition of Turkish citizenship by birth, the principle of descent is primarily adopted, while the principle of place of birth is recognized under certain circumstances. The citizenship status of children born to Turkish citizen mothers or fathers is determined within the framework of the rules concerning descent. For children born in Türkiye who cannot acquire the citizenship of any other state, specific provisions aimed at preventing statelessness are also provided.

With regard to the acquisition of citizenship after birth, the legal basis of the application, whether the statutory requirements have been satisfied, the submission of the required documents, and the examination conducted by the competent authorities are particularly important.

In citizenship procedures, the applicant’s statement alone is not sufficient. Official documents, population records, and, where necessary, information obtained from other public authorities may be assessed together.

In conclusion, transactions concerning Turkish citizenship constitute a multi-stage legal and administrative process requiring the Turkish Citizenship Law No. 5901 and the Regulation on the Implementation of the Turkish Citizenship Law to be considered together. The Regulation serves as a complementary instrument explaining how the principles established by the Law are to be implemented in practice.

Therefore, particularly for foreigners, when assessing a citizenship application, it is necessary to consider together the legal route through which the person may acquire Turkish citizenship, whether the statutory requirements have been satisfied, which authority the application should be submitted to, which documents must be provided, and how the administrative examination will be conducted.