Turkish Citizenship Through Residency

Acquiring Turkish citizenship represents a significant legal undertaking, one that involves a complex web of legal requirements and procedures. As Viridis Legal Partners, we aim to serve you with this article as a legal guide, outlining the requirements of how to get Turkish citizenship through residency and elucidating the complicated process that governs its acquisition.

Turkish Citizenship Naturalization: Turkish Citizenship By Residency

Embarking on the path to Turkish citizenship entails satisfying a spectrum of legal prerequisites, encompassing diverse facets of an individual’s personal, financial, and legal status. Below, we meticulously dissect the intricate framework of Turkish citizenship requirements:

To begin with, it will be useful to explain various types of gaining Turkish citizenship. Some of the general criteria are applicable for the acquisition of Turkish citizenship with the decision of the competent authority. In this article, we advert the types of acquiring Turkish citizenship and mainly examine the criteria for the general acquisition of Turkish citizenship and the other types related to these criteria. 

According to Turkish Citizenship Law No. 5901;

Turkish citizenship may be attained by birth or after birth. So firstly there are two main categories of acquiring Turkish Citizenship. In epitome, Turkish citizenship by birth can be acquired by place of birth and/or descent. Turkish citizenship shall be acquired after birth with a decision of the competent authority, by adoption or by choice. Then, there are three main types of gaining Turkish citizenship after birth.

The acquisition of Turkish citizenship by decision of a competent authority can be made in the following ways:  

• General acquisition of Turkish citizenship  
• Exceptional acquisition of Turkish citizenship  
• Re-acquisition of Turkish citizenship  
• Acquisition of Turkish citizenship by marriage.
• Acquisition of Turkish citizenship by adoption. 

According to Article 10 of the Turkish Citizenship Law No. 5901;

“Acquisition of Turkish citizenship with the decision of the competent authority

An alien who wishes to acquire Turkish citizenship can obtain Turkish citizenship with the decision of the competent authority, provided that he/she fulfils the conditions stipulated by this Law. However, fulfilling the conditions required does not grant an absolute right to the person to acquire Turkish citizenship.”

1. Eligibility Criteria for Turkish Citizenship By Residency

Eligibility for Turkish citizenship hinges on meeting specific legal criteria, serving as benchmarks for genuine association with the nation. In Turkey capacity, residency and its period, the intention of settling, morals, an adequate level of Turkish, etc… Since the residency and its period are requirements for this kind of Turkish citizenship acquisition, it is most commonly known as Turkish citizenship through residency.

In accordance with Article 11 of the Turkish Citizenship Law No. 5901

Conditions Required for Application 

An alien who wishes to be received into citizenship shall; 

• be of the age of consent possessing the distinguishing power according to his/her own national legal system, or according to the Turkish law if s/he is stateless; 
• have been resident in Turkey for five years, without interruption, prior to her/his date of application; 
• have the intention of settling in Turkey and prove this intention with action; 
• not have any disease that constitutes a danger to public health; 
• be a person of good morals; 
• speak an adequate level of Turkish; 
• have an income or profession to provide for his own livelihood and those of his/her dependants in Turkey; 
• not pose a threat to national security and public order. 

2. Mandated Residency Period

Pursuant to Article 11 of the Turkish Citizenship Law No. 5901, five years of continuous residency in Turkey is mandated for general acquisition, and must be adhered to. 

There are also various durations required contingent upon the nature of the application, be it re-acquisition or via investment or marriage, but not related to this specific subject.

The Duration of residency is calculated according to Article 15 of the Turkish Citizenship Law No. 5901;

For an alien, residence means residing in Turkey with due respect to Turkish laws. An alien who applies for the acquisition of Turkish Citizenship may stay abroad, without exceeding six months, within the residence period required for application. The period which she/he spends outside of Turkey shall be evaluated within the period of residence foreseen in this Law.

The residency period is calculated by pursuing certain criteria;

• If the foreigner spends more than six months in total outside of Turkey during the residence period or stays in Turkey for more than six months without a valid residence permit or without obtaining a residence permit, the residence period is cut off and the residence period before this date are not taken into account. 

• On the other hand, without a legal residence permit or a legal residence permit which does not display the intention to settle in Turkey obtained for purposes such as asylum or asylum applicant, asylum seeker, education, touristic, accompanying and treatment children, or a foreign mission personnel identity card that provides immunity with diplomatic or consular privileges is not considered a valid residence in the acquisition of Turkish citizenship. 

• However, If the person residing in Turkey for reasons of residence that are not accepted in the acquisition of Turkish citizenship is subsequently settled for a reason deemed valid, the previous residence periods are also taken into account. This provision does not apply to those who are in Turkey with a residence permit for touristic purposes.

3. Confirming Intention to Settlement in Turkey with Behaviors and Financial Viability

Establishing one’s financial stability is of paramount importance in accordance with the above-mentioned laws and regulations in the pursuit of Turkish citizenship. This entails demonstrating the ability to sustain oneself and dependents during the tenure of residency. In addition, Article 15/c of ​​the Regulation on the Implementation of the Turkish Citizenship Law; Acquiring real estate in Turkey, establishing a business, investing, transferring the trade and business centre to Turkey, obtaining a job subject to a work permit and similar behaviours accepts as a presumption in proving the intention to settle in Turkey.

4. Comprehensive Documentation

An exhaustive array of documentation is mandated, encompassing essentials such as:

• Application Form (VAT-3), 
• 2 x 50×60 mm, white background, unpatterned, machine-readable biometric photographs determined by ICAO
• Passport or similar document showing which state the person is a citizen of if the person is stateless, the document related to it, if it is possible to obtain it.
• A document showing the identity of the person, such as a birth certificate or an identity register copy and if married, a copy of the birth certificate or similar proving the family ties of the spouse and children document.
• Marital status certificate and marriage certificate if married, if divorced, proof of divorce document, if widowed, spouse’s death certificate,
• A health report, the procedures and principles of which are determined by the Ministry of Health, states that the person does not have a disease that will pose a danger to general health.
• A work permit, tax plate, undertaking or similar document proving his income or profession, indicating that he and his dependents make a living in Turkey.
• A document showing the dates of entry and exit to the dormitory to be obtained from the Provincial Directorate of Security, stating that he has been residing in Turkey for five years without interruption, backwards from the date of application.
• A residence permit for a period of time sufficient for the completion of the citizenship procedures from the date of application.
• A certified copy of the finalized court decision about any crime if there is,
• A document obtained from the competent authorities of the country to complete the date of birth if the person’s date of birth does not have a month and day, and if the document cannot be obtained, a signed declaration of consent which action is taken in accordance with Article 39 of the Population Services Law No. 5490.
• A receipt showing that the service fee has been paid to the Finance cashier.

How To Apply For Turkish Citizenship By Residency

The expedition towards Turkish citizenship entails traversing a series of strategic steps. As Viridis Legal Partners, we are ready to assist you in every step from the preparation of the application to obtaining the decision of the authorities. Below, we outline the pivotal junctures of this journey:

1. Application Submission

Compiling all requisite documentation we mentioned above culminates in the submission of the application to relevant Turkish authorities, which could encompass the Ministry of Interior or the Directorate General of Migration Management.

There are also some key points that must be mentioned about the application. 

Firstly According to Article 37th of the Turkish Citizenship Law no. 5901;

“Applications regarding the acquisition and loss of Turkish citizenship are made to the governorship of the place of residence in the country, and to foreign representations abroad, in person or with a power of attorney regarding the exercise of this right. “

With reference to the mentioned provision application can be made personally or with an attorney, in Turkey to the governship where the applicant’s place of residence is or to foreign representation abroad.  

2. Scrutiny and Evaluation

As explained above; among the conditions for acquiring Turkish citizenship in general, there are essentials such as not having a disease that may pose a danger to general health, having good morals, and not posing a danger to national security and public order. Whether the applicant fulfils these conditions is determined by the investigation to be carried out by the relevant provincial police directorates, as stated in Article 18 of the Regulation on the Implementation of the Turkish Citizenship Law.

It is also specified within the scope of this investigation whether the applicant meets the residence duration requirement.

3. Interview and Appraisal

Pursuant to Article 19 of the relevant Regulation, issues such as the applicant’s ability to speak Turkish, how he makes a living, and whether s/he can adapt to social life in Turkey, are evaluated by the Citizenship Application Review Commission as a result of the interview with the applicant. The application of the one observed by the commission that he does not meet the requested conditions is declined and this matter is notified to the applicant.

4. Legal Remedies for Refusal of Citizenship Application

Upon comprehensive review, applicants receive either approval or rejection notifications. Positive outcomes yield Turkish ID cards and certificates of citizenship.

On the other hand, the applicant whose citizenship application is rejected can apply to the relevant administration for the annulment of the refusal decision within 60 days from the notification of the decision, or s/he can file a lawsuit directly at the administrative court for the annulment of the rejection decision within the same period. Again, the applicant whose application is rejected by the administration or whose application for annulment is not answered within 30 days can also file a lawsuit in the administrative court for the annulment of the rejection.

In case of refusal, it is strongly recommended to seek legal assistance from a lawyer.  

Viridis Legal Partners: Your Turkish Citizenship Lawyer  

Legal consultancy and support will be crucial both in the preparation, legal processes and follow-up of your citizenship application, or in the case of rejection and your application to administration or administrative court against refusal. As Viridis Legal Partners, we are dedicated to assisting you with our comprehensive knowledge and experience in broad legislation and legal practices, we can provide comprehensive legal consultancy tailored to your precise necessities. As your immigration lawyer in Turkey, we are well-versed in the intricacies of the application process and can guide you through every step, ensuring that your documentation is complete, accurate, and in compliance with the relevant regulations. 

Contact us today to benefit from our Turkish citizenship application services and all legal services related to all issues a foreign can encounter such as acquiring citizenship and also criminal law, real estate law or labour law issues.

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