Naturalisation and citizenship in Turkey

Hello.

Thanks to mention such a good topic for fellow members.



Turkey has been party to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) since 1985, as well as to its Optional Protocol since 2002.

Article 9 of the CEDAW regarding “Nationality” reads as follows:

“1. States Parties shall grant women equal rights with men to acquire, change or retain their nationality. They shall ensure in particular that neither marriage to an alien nor change of nationality by the husband during marriage shall automatically change the nationality of the wife, render her stateless or force upon her the nationality of the husband.

   2. States Parties shall grant women equal rights with men with respect to the nationality of their children.”

It should be noted that Article 90/3 of the Turkish Constitution in 2004 ensures that the provisions of the international agreements in the area of fundamental rights and freedoms are superior in case of a conflict with national law.

In Turkey, equal regulations have been made applicable for women and men in terms of acquisition of Turkish citizenship.

With an amendment made in 2001 in Article 66 of the Turkish Constitution, it is possible for a child to acquire Turkish citizenship if either of his/her parents is Turkish.


Article 66 entitled “Turkish Citizenship” reads as follows: 
“The child of a Turkish father or a Turkish mother is a Turk.”

The Turkish Citizenship Law (No. 5901), adopted in 29.05.2009, defines the procedures of acquiring, changing and loosing nationality for women and men.


Article 16 of the Law No. 5901 entitled “Acquisition of Turkish Citizenship by marriage” reads as follows:

1. Turkish citizenship is not acquired automatically upon marriage to a Turkish Citizen. However, aliens who have been married to a Turkish citizen at least for three years and who are still married, can apply to acquire Turkish citizenship. Applicant married to a Turkish citizen is required to fulfill the following conditions. The applicant:

a) shall live in family unity;
b) shall avoid acts not compatible with the marriage unity;
c) shall not pose a threat on national security and public order.

In case the spouse who is a Turkish citizen dies after the application is lodged, then
the applicant is not required to fulfill clause (a) of the first paragraph.

In decision of annulment of marriage, aliens who acquired Turkish citizenship with marriage can preserve their Turkish citizenship, if two sides have entered the marriage contract in good faith.”


2. No differences exist between the mother and father who have been granted Turkish citizenship in terms of their children's acquiring citizenship.

The consequences for children of acquiring Turkish citizenship through naturalization are stated below:

a) The children of parents who have simultaneously acquired Turkish citizenship are granted Turkish citizenship depending on their parents.

b) In the event that any parent acquires Turkish citizenship, their children are granted Turkish citizenship depending on the parent, provided that the non-Turkish spouse consents.

c) A child who was under the guardianship of a parent at the time when that parent has acquired citizenship shall also be granted Turkish citizenship depending on the parent, provided that the non-Turkish spouse consents.

d) In case there is no consent, the judge serving in the country where the mother or father regularly resides shall decide on the procedure to be applied.

e) In case one parent had died, the child shall be granted Turkish citizenship depending on the parent who has acquired Turkish citizenship.

f) Children who were born out of wedlock by a mother who has acquired Turkish citizenship shall also be granted Turkish citizenship depending on the mother.

3. No discrimination exists against women in respect of the wording or application of the Turkish Citizenship Law. Turkish Citizenship Law contains provisions to prevent statelessness, regardless of women, men and children. For instance, a child born in Turkey, but acquiring no citizenship from his/her alien mother or alien father acquires Turkish citizenship by birth (Art. 8 of Law No.5901).

So insightful. Thanks so much for the tremendous insight of this topic.

Don't know if different now-- but when I got Turk vatandas, it was 3 years residency if married to a Turk & 5 years if not.  I've heard that if you're married to Turk, your Turkish doesn't need to be very good.

After all the paperwork-- everything needs to be PERFECT and ORIGINAL, there was a panel interview-- with half dozen people paying attention & several more wandering around, but listening & shuffling forms.  I answered with whatever I thought they were asking with a "good answer" to probably a different question. 

Seemed they were most interested WHY I wanted citizenship-- for some it is obvious, but I'm retired, so not for employment-- and have USA citizenship, so not for travel ease.  After me, they had my Turkish wife come in & I left.  They blamed her for why my Turkish was not good-- but I got citizenship anyway.

I live together with my turkish partner. We are not married (and we don't intend to). Our daughter was born in 2013 in Turkey. She has dual citizenship per birth they say and a Turkish kimlik. Now I read that the mother had give the permission, if the Turkish citizenship was granted to our child. But no one asked me, not when she was born, not at nufüs or elsewhere.

I have normal RP (two years until 2018).I prefer our daughter DOESN'T have Turkish citizenship, only EU one of mine. Her dad would agree. It's about school and other things.

Can I delete her Turkish citizenship, can I take her out of Turkish citizenship. Veliyat is with me (as a non married mother). Or can she get mavi card?

We've been living in Turkey for 5 years, not sure if we remain or repatriate.

Hi guys, I would like to draw your attention for a few minutes. I was previously married to a Turkish lady for a period of 5 years, had a child during our wedlock, a few things years ago we went through a divorce. I'm now considering moving to Turkey in order to spend time with my child. Would Turkish law ever permit a foreign parent to attain a Turkish citizenship ?

ariyai wrote:

I live together with my turkish partner. We are not married (and we don't intend to). Our daughter was born in 2013 in Turkey. She has dual citizenship per birth they say and a Turkish kimlik. Now I read that the mother had give the permission, if the Turkish citizenship was granted to our child. But no one asked me, not when she was born, not at nufüs or elsewhere.

The Turkish law states that all children born in Turkey, whether born out of wedlock (of parents not legally married to each other), that were acknowledged by the Turkish father enjoys the same legal rights, including the right to share in citizenship.

Thanks for your comment. You say the right to share Turkish citizenship. I was not ask. She was granted without my permission. The right means, i can withdraw her Turkish citizenship? I want to, because of school and other reasons. How can I do that, where I have to declare that?

Hi bhavna....if you are an Indian citizen then you cannot have dual nationality....I'm not interested in taking Turkish citizenship...

It states that the child of a Turk is also a Turk but no age limits or restrictions are given. Are there any age restrictions or limitations of the child who would become a Turk?