ACQUIRING CITIZENSHIP BY GENERAL WAY ( BY RESIDENCE ) IN TURKEY

ACQUIRING CITIZENSHIP BY GENERAL WAY ( BY RESIDENCE )

In our law, eight basic conditions are specified in the Citizenship Law for foreigners (or stateless persons) to gain Turkish citizenship later. According to the 9th article of the Law; Acquisition of Turkish citizenship takes place by the decision of the competent authority or by adoption or by exercising the right to choose. Citizenship in the general way is also acquired by the decision of the competent authority. Acquisition of citizenship in this way is also called “acquiring Turkish citizenship by way of residence”.

Here, the point clearly stated and important in the law is this; If the foreigner who wants to acquire Turkish citizenship meets all the conditions specified in the law, he / she can acquire citizenship with the decision of the competent authority. However, having these conditions does not provide an absolute right to acquire citizenship. In other words, the fact that eight of the eight conditions, which will be announced presently, belong to a foreign person does not indicate that person will gain Turkish citizenship. Here, the administration is given a discretionary right.

WHAT ARE THE REQUIREMENTS FOR APPLICATION?

If the foreigner who meets the eight conditions specified in the law is approved by the competent authority after applying, this person acquires Turkish citizenship. In addition to these conditions, some conditions may be sought by public institutions and organizations.

WHICH AUTHORITY APPROVES THE CITIZENSHIP APPLICATION?

The competent authority that will decide on the acquisition of citizenship by general means is the Ministry of Internal Affairs.

STATICTICS

Citizenship Application Figures in General by Years!

If the foreigner who meets the eight conditions specified in the law is approved by the competent authority after applying, this person acquires Turkish citizenship. In addition to these conditions, some conditions may be sought by public institutions and organizations. Because in the law article; “In accordance with this Law, the basic principles and basis to be applied in the acquisition of Turkish citizenship later are determined by the Ministry by taking the opinions of the relevant public institutions and organizations“. Therefore, even if all of these conditions are fulfilled, Turkish authorities do not have to decide on Turkish citizenship. The competent authority that will decide on the acquisition of citizenship by general means is the Ministry of Internal Affairs. There is a discretion here. The decision of the Ministry of Interior is needed.

 

In order to acquire Turkish citizenship in the general way, the person must have their own will such as “I want to be a Turkish citizen”. In addition to the will of the person, the competent authority must also decide. In other words, the foreigner should both want to be a Turkish citizen and the competent Turkish authority should accept on this.

 

Another point that needs to be stated is from since when decisions regarding the acquisition of citizenship will have an effect. According to the law, it becomes effective from the date of the decision. In other words, since from the naturalization decision of the Ministry of Interior, the person will acquire Turkish citizenship. 

 

Security Authorities can inform the competent authority with making research when the process of making a decision about the existence of the necessary conditions for the acquisition of Turkish citizenship. Security authorities have been assigned in this regard. The accuracy of the documents and declarations about the applications can be asked from Security Authorities and other necessary institutions. Applicants and their spouse who is a Turkish citizen are interviewed.

 

Documents submitted by those concerned and obtained from institutions and the file consisting of the interview results, if any, are sent to the General Directorate of Population and Citizenship Affairs of the Ministry of Interior for review and decision. Those who apply for citizenship can track the stage of the application electronically.

 

The application made for the acquisition of Turkish Citizenship is transferred to the General Directorate of Population and Citizenship Affairs of the Ministry of Interior by the authority applied for. Ministry of Interior General Directorate of Population and Citizenship Affairs  ensures that if there is any deficiency is completed, After the necessary examination and research, it evaluates the request and sends the positive or negative result to the application authorities. Applicants are informed during the process via SMS or e-mail. Applications may  conclude in a period of 6 months to 24 months.

 

Every foreigner applying for Turkish Citizenship has the right to choose Turkish name and surname. Provided that it is in accordance with the foreign Turkish alphabet, it can use this right when filling out the application forms, that is, during the application. Once citizenship has been acquired, such requests are not taken into account and a court order may be required.

REQUIREMENTS FOR APPLICATION IN ACQUISITION OF CITIZENSHIP BY RESIDENCE

In the 11th article of the Citizenship Law, eight conditions that foreigners who want to acquire Turkish citizenship must bear are listed. Foreigners who want to acquire Turkish citizenship must meet all of these eight conditions. However, it should be noted again that; Having all these conditions does not mean that citizenship will definitely be acquired. The decision of the Ministry of Interior, which is the competent authority, is required.

 

If we need to examine the terms one by one;

 

Being an adult having a mental competence according to their own national law or Turkish law if they are stateless

 

If the person has applied to acquire Turkish citizenship in addition to the citizenship of a foreign state, it is checked whether he / she is mature according to the current citizenship and whether he / she has a mental competence. However, if the applicant is stateless, it is checked whether she is mature and has mental competence under Turkish law.

 

To reside in Turkey for five uninterrupted years backwards from the application date 

 

It is one of the most important conditions for the acquisition of Turkish citizenship from later. The reason for seeking such a period is the integration of social life, the life of the country and the life of the person in terms of harmony. The law found the five-year period sufficient for this.

 

The legislator has made a special definition in Article 15 of the Citizenship Law regarding the calculation of residence and residence time. According to the law; residing for a foreigner is to live in Turkey in accordance with Turkish laws. A foreigner requesting to acquire Turkish citizenship can stay outside of Turkey for a total of twelve months during the residence period sought for the application. Periods spent outside of Turkey are evaluated within the residence periods foreseen in this Law.

 

As it can be understood from here, first of all, the person must have entered Turkey legally. (Must be entered in accordance with the Passport Law). The fact that she/he has entered Turkey illegally or has not extended her/him residence after the end of her residence, although she has entered legally, puts the person in the illegal position. The legislator explicitly stated that for a foreigner, residing is to live in accordance with Turkish law.

 

Secondly, according to the law, foreigners must legally reside in Turkey for at least 5 years. Foreigners have the right not to be in Turkey for a total of 12 months within this 5-year period. This period can be used individually, it can be used as a whole. One year spent outside of Turkey within these five years does not cut the period sought for the residence requirement. However, if one day of 12 months is spent, the period is interrupted and it starts again.

 

As a result, in order for this condition to be met; The person who wants to acquire Turkish citizenship must have entered Turkey in accordance with the Passport Law and the Law on International Protection of Foreigners and legally resided in Turkey for five years back from the date of application. 

 

In addition, about terms of providing the residence, it is accepted that some issues in the Turkish Citizenship Law Implementation Regulation do not meet the residence requirement. According to the regulation; “Those who do not show the intention to settle in Turkey without legal residence permit or legal those who are understood to have been residing for purposes such as asylum seeker or asylum applicant, refugee, education, touristic, accompanying their children who are studying, and treatment are not deemed to fulfill the residence requirement required to acquire Turkish citizenship.” Therefore, if such persons fall under these headings although their residence is legal, they are not deemed to have met the residence requirement in acquiring citizenship in general.

 

Confirming that you decide to settle in Turkey with behaviors

 

This condition has been explained in the 15th article of the Regulation on the Implementation of Turkish Citizenship: “That she/he has decided to settle in Turkey; to acquire immovable property in Turkey, to start a business, to invest, to transfer the trade and business center to Turkey, to work with work permit in a workplace and to confirm by similar behaviors or to marry with Turkish citizen, to apply as a family, to have a mother, father, sibling or child who previously acquired Turkish citizenship or to complete his education in Turkey. ” 

 

All these are signs that the person who wants to acquire Turkish citizenship intends to settle in Turkey with their activities and behaviors.

 

Not to have a disease that poses a danger to general health

 

This term has been set in terms of public health and public health. Diseases such as AIDS are mentioned. 

 

To have good morals

 

Here again, there is one of the situations where the administration has the discretion right. It is mentioned to have morality according to the moral understanding of the Turkish society. Again, this condition is explained in the Regulation on the Implementation of Turkish Citizenship:

 

“To show that you have good morals by acting with a sense of responsibility required to live together in a foreign society, to give confidence to their environment with their behavior, should not have bad habits that are not welcomed by the society and contrary to social values.”

 

Generally, they are considered as acts that are not welcome in Turkish society.

 

To speak Turkish enough

 

The foreigner just needs to be able to introduce herself/himself, express where she/he lives. This is important in terms of being able to adapt to social life.

 

To have an income or a profession in Turkey to provide for himself and his dependents

 

This requirement must be documented. It is expressed in the Regulation on the Implementation of Turkish Citizenship as follows; 

 

“Foreigner has to  document with a work permit, tax plate, undertaking or similar document that proves her income or profession about to provide for herself/himself and her/im dependents.” 

 

The foreigners’ persons liable for alimony are determined according to the Turkish Civil Code. The aim is that the person who wants to acquire Turkish citizenship can earn a living without burdening the society. 

 

Not to have a situation that would constitute an obstacle in terms of national security and public order

 

This condition is definitely required in all cases of acquisition of citizenship: “Not to have a situation that would constitute an obstacle in terms of national security and public order.” This has been put as a common condition in all of them. The aim is to leave room for the discretion of the administration here.

 

It is stated in the Regulation on the Implementation of the Turkish Citizenship Law as follows; 

 

“If acts to demolish the state order established by the Constitution, cooperates with those involved in these activities or supports them financially, carries out activities related to crimes within the scope of the fight against terrorism at home or abroad against the indivisible integrity of the country and nation of the Republic of Turkey, participates in espionage, treason crimes, makes smuggling weapons and drugs, human trafficking, human trafficking or those who are found to have a relationship with them, the requests to acquire Turkish citizenship of those who have been sentenced to more than 6 months, even if they have been converted into money or pardoned, will be rejected on this condition.” 

 

Additional article

 

In the past, there was another optional condition required in the 2nd paragraph of the Citizenship Law. If Turkey want a foreigner to become a Turkish citizen, it could demand that she renounce her other citizenship. However, this requirement was required not for every foreigner, but for some foreigners as exceptional, optional. This requirement is a requirement that has been transposed into the regulation, although it has been removed from the law because we accept multiple citizenships. Therefore, it is still valid.

 

Although the condition of “renunciation of other state citizenship” in the old law is no longer in the law, it still exists in article 15/2 of the regulation. Although this issue has been removed from the law as it is within the scope of the discretionary authority of the competent authority, it is not contrary to the principle of legality. Therefore, the conditions sought in the acquisition of Turkish citizenship can be considered as 8 + 1 conditions due to the condition in the regulation. In other words, the competent authority may also request that  leaves the current citizenship of the other state. This is usually a requirement in countries that do not accept dual or multiple citizenship. It is a situation at the sole discretion of the competent authority.

 

As a result, the most important thing to know after these eight conditions are carried is that the carrying of these eight conditions in Article 10, does not grant absolute rights in acquiring citizenship. An ordinary foreign citizen who does not have any qualifications can acquire Turkish citizenship by general means by carrying these conditions and obtaining the approval of the administration. While this is a long road, it is the most common way.

Can I Become a Turkish Citizen with Residence?

Eligibility conditions for Turkish citizenship are quite simple: You must be of adult age (according to your country of origin) and you must have lived in Turkey for at least 5 years, with a total interruption of less than twelve months.

If I am in Turkey with a 5-year residence permit, can I get citizenship?

Providing all the necessary conditions to apply for citizenship with the general route (5 Years Residence) does not mean that you will definitely gain Turkish Citizenship. Meeting the necessary conditions only gives you the right to apply. The discretionary power lies with the Ministry of Internal Affairs.

Is The Periods I Stay In Turkey With A Tourist Residence Permit Valid For A 5-Year Residence Permit?

The periods of stay in Turkey with a Short-Term Tourist Permit are not counted as 5-year residence periods, which are types of Citizenship Acquisition by General Road.

Do I have to be in Turkey uninterruptedly during the 5-year residence permit?

During the 5-year residence permit period, you have the right to stay abroad for up to a lame 12 months. However, your residence permit must continue in Turkey during your stay abroad.