How to Obtain Turkish Citizenship by Descent?
Do you want to become a Turkish citizen? Maybe you already are. As your immigration lawyers in Istanbul, we are here to assist you in obtaining Turkish citizenship through origins and all immigration law related services.
In order to clarify the issue in general, it would be appropriate to share the following information first;
Turkish citizenship can be obtained by birth or later. Acquisition of Turkish citizenship by descent is one of the situations in which Turkish citizenship is acquired by birth. The other one is the acquisition of Turkish citizenship by place of birth. Later acquisition of Turkish citizenship includes several methods such as Turkish citizenship naturalization (acquisition of Turkish citizenship by residency), exceptional acquisition of Turkish citizenship, re-acquisition of Turkish citizenship, acquisition of Turkish citizenship by marriage, and acquisition of Turkish citizenship by adoption.
What Is Turkish Citizenship By Descent?
Acquisition of Turkish citizenship by descent can be defined as the acquisition of Turkish citizenship spontaneously at birth, without the need for any other procedure, due to the fact that the child’s mother or father or both of them are Turkish citizens.
Acquisition of Turkish citizenship by descent is regulated in the Turkish Citizenship Law No. 5901 as follows
Descent
ARTICLE 7 – (1) A child born within or outside Turkey to a Turkish citizen mother or father within the union of marriage 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 shall acquire Turkish citizenship if the procedures and principles for the establishment of paternity are fulfilled.
The notification of a person’s birth event and its addition to the population record and the acquisition of Turkish citizenship accordingly are regulated in Article 7 and the following articles of the Regulation on the Implementation of the Turkish Citizenship Law No. 5901, considering various possibilities.
Citizenship acquired on the basis of descent
ARTICLE 7 – (1) Turkish citizenship acquired on the basis of patrilineal descent is the citizenship acquired automatically upon the establishment of patrilineal descent from a Turkish citizen mother or father. Upon notification, Turkish citizenship is acquired from birth.
(2) A child born to a Turkish citizen mother or father in a marital union within or outside Turkey acquires Turkish citizenship from the date of birth.
(3) A child born in or outside Turkey out of wedlock to a Turkish citizen mother and a foreign father shall acquire Turkish citizenship from the date of birth.
(4) A child born in or outside Turkey to a Turkish citizen father and a foreign mother outside the union of marriage shall acquire Turkish citizenship from the date of his birth if he is related to the Turkish citizen father by descent in accordance with the provisions of the Law No. 5718 on Private International Civil and Procedural Law.
Notifications made from abroad regarding birth after completing the age of eighteen
ARTICLE 8 – (1) The registration in the family register of persons living abroad who have completed the age of eighteen but have not been notified of their birth is possible if it is determined as a result of the examination to be carried out by the Ministry that they have acquired Turkish citizenship through Turkish citizen mother or father.
Application and procedures to be performed in notifications made from abroad regarding birth after completing the age of eighteen
ARTICLE 9 – (1) A file consisting of the following documents shall be prepared by the application authorities on behalf of the applicant claiming that he/she has acquired Turkish citizenship due to a Turkish citizen mother or father and sent to the Ministry for a decision:
- a) Form petition stating the request.
- b) A copy of the birth registration of the Turkish citizen mother or father taken from the system by the application authorities.
- c) If one or both of the Turkish citizen mother or father is also a citizen of a foreign state, a document to prove his/her identity.
ç) If the person making the request is also a citizen of a foreign state, a document to prove his/her identity.
- d) Civil status certificate and marriage certificate if married, document proving divorce if divorced, death certificate of the spouse if widowed.
- e) A statement report to be taken by the application authorities from the mother and father of the person, or if one or both of them are dead, from his/her siblings, if any, or from his/her third-degree relatives, if he/she does not have siblings, indicating the degree of closeness.
- f) Birth certificate.
- g) The birth report issued on the basis of the birth certificate.
(2) In cases deemed necessary by the Ministry, in addition to the documents specified in the first paragraph of this Article, other documents that may be the basis for proving the citizenship of the person concerned may be requested to be submitted.
Decision on notifications made from abroad regarding birth after completing the age of eighteen
ARTICLE 10 – (1) A person who is determined to be born of a Turkish citizen mother or father as a result of the examination and research to be carried out by the Ministry shall be registered in the family register as a Turkish citizen as of his birth.
(2) In the absence of sufficient information and documents to prove that the person was born of a Turkish citizen mother or father, the request of the relevant person in this respect shall be rejected by the Ministry.
Two important issues for the acquisition of Turkish citizenship on the basis of patrilineal descent are also mentioned in the aforementioned articles of the Regulation. The first of these is the acquisition of Turkish citizenship by a child born out of wedlock to a Turkish citizen father. The other is that the birth notification of the child born abroad has not been made. The acquisition of Turkish citizenship by the child born out of wedlock to a Turkish citizen father will only be possible with the completion of legal proceedings establishing paternity between the child and the father, such as a declaration of recognition or a paternity lawsuit. Another case is the failure to notify the Turkish consulate of the birth of a child born abroad. In the notifications to be made after the child turns 18, both the registration in the family registry and the acquisition of citizenship are determined as a result of the examination carried out by the Ministry of Internal Affairs.
How To Obtain Turkish Citizenship By Descent?
Eligibility Criteria To Acquire Turkish Citizenship By Descent
A person born to a Turkish citizen mother or father is entitled to Turkish citizenship regardless of his/her age. It should also be noted here that Turkish legislation allows dual citizenship. In other words, Turkish citizens do not need to apply for prior permission or protection in order to acquire the citizenship of another country.
Required Documents To Acquire Turkish Citizenship By Descent
In order to prove that Turkish citizenship is acquired through paternity and to obtain a Turkish passport for those who have a population record in Turkey, they must apply to consulates abroad and to Population Directorates in Turkey with documents such as birth certificates, identity documents of the mother and father, population record samples.
Persons who apply by claiming that they have acquired Turkish citizenship due to a Turkish citizen mother or father must submit the following documents.
- 2 biometric photographs,
- In case one of the mother or father is a citizen of a foreign state, duly certified Turkish translations of the duly certified document to prove the identity of the applicant and the duly certified document to determine whether the applicant has acquired the citizenship of that state due to the foreign mother or father,
- Signed statements from the applicant’s parents or, if one of them is deceased, from his/her siblings, if any, indicating their degree of closeness, to be obtained by the application authorities,
- If the applicant’s parents are deceased, signed statements from the applicant’s siblings and third-degree relatives, if any, indicating their degree of closeness, to be obtained by the application authorities,
- Notarised Turkish translation of the duly certified birth certificate,
- Birth report to be issued based on the birth certificate (VGF-10-01).
How To Apply for Turkish Citizenship By Descent
A person who has Turkish citizen parents and whose birth was registered before the age of 18 does not need to make any application to acquire Turkish citizenship. However, as stated above, the determination of the Turkish citizenship of those who were born abroad and have not been registered in the civil registry although they have passed the age of 18 is made by applying to the Ministry of Internal Affairs. For this purpose, it is necessary to apply to the Population and Citizenship Directorates in Turkey and consulates abroad. These applications are forwarded to the Ministry of Interior by the application authorities.
If the application is rejected by the Ministry of Interior, it is possible to object to this decision and file a lawsuit for its ca
Benefits of Acquiring Turkish Citizenship
Turkish citizenship comes with many benefits such as the ease of traveling with a Turkish passport, and social and economic rights in Turkey.
With a Turkish passport, it is possible to travel visa-free to 126 countries, including Japan, Singapore, and South Korea. It is also possible to obtain a dual-purpose B-1/B-2 US tourist and business visa with a validity of 10 years with a Turkish passport. After the visa expires, it is possible to extend the visa remotely. Turkish citizens are also eligible for a C-2 Schengen visa, which is valid for 5 years. With this visa, it is possible to stay in the Schengen Area, i.e. the European Union countries, for up to 90 days within a period of 180 days. The most prominent advantage of being a Turkish citizen is that it provides unlimited entry to Turkey and unlimited stay in Turkey.
It is possible for an investor holding a Turkish passport to obtain an E-2 visa, which allows them to reside in the United States. With this visa, the investor undertakes to invest in an existing business or establish a new business in the United States. The E-2 visa also covers the investor’s spouse and unmarried children under the age of 21. In addition, Turkey is home to multiple free trade zones.
How We Can Assist You?
It is essential that you seek the assistance of a Turkish immigration and citizenship lawyer to prepare your application for Turkish citizenship by descent, to conduct the necessary research, and to file for cancellation in case of rejection. As Viridis Legal Partners, we are here to support you with our knowledge and experience in a wide range of legislation and legal practice. As your English speaking lawyers in Istanbul, we can guide you through the application process and ensure that your documents are complete, accurate and in compliance with the relevant regulations.
Contact us today to benefit from our Turkish citizenship lawyer services.
Frequently Asked Questions (FAQs)
Can I apply for Turkish citizenship if only my grandparents were Turkish?
Yes, it is sufficient for your mother or father to be a Turkish citizen at the time of birth to obtain Turkish citizenship by descent and this citizenship does not need to be registered or registered.
What if I cannot find all the required documents?
It is also possible to apply if you cannot complete the listed documents. According to Article 36 of Law No. 5901, “Proof of Turkish citizenship is not subject to any form.” A person born to a Turkish mother or father is automatically entitled to Turkish citizenship at birth.
How long does it take to finalize Turkish citizenship by descent application?
This period varies depending on the workload of the Ministry.
Do I need to renounce my current citizenship?
Since Turkey allows dual citizenship, you do not have to renounce your current citizenship in order to register your Turkish citizenship by birth
