CitizenshipAcquisition of Turkish Citizenship

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Turkish citizenship can be acquired by birth or acquired subsequently within the scope of Turkish legislation under the Turkish Citizenship Law, the Law on Private International Law and Procedural Law, the Turkish Civil Code and other laws and international conventions. Citizenship consists in the establishment of a political and legal link between a natural person and the state. Each country subjects the acquisition or loss of citizenship to certain conditions in accordance with international conventions and its domestic legislation. The content of these concepts and the conditions to which they are subject will be examined in the relevant article.

What is Turkish citizenship?

Turkish citizenship is defined in the Constitution of the Republic of Turkey as “Everyone who is bound to the Turkish state by the bond of citizenship is a Turk.” A Turkish citizen, by virtue of this status, shall enjoy the rights granted by the Constitution of the Republic of Turkey and the legislation and shall fulfill the obligations expected of him/her. A Turkish citizen may request diplomatic protection from the Republic of Turkey against unjust acts and practices to which he/she is subjected by foreign states in violation of international law.

What is the acquisition of Turkish citizenship?

Turkish citizenship can be acquired by birth or acquired later in accordance with the Turkish Citizenship Law No. 5901.

ARTICLE 5: “Turkish citizenship is acquired by birth or later.”

Turkish citizenship acquired by birth arises by law, is based on paternity or place of birth, is acquired automatically and becomes effective from the moment of birth.

Post-acquired citizenship is a type of citizenship that a person acquires after his/her birth, based on a legal reason other than his/her birth.

What is acquisition of Turkish citizenship by birth?

Citizenship by birth is primary citizenship. Citizenship acquired by birth arises by law and is acquired automatically by virtue of the provision of law. Citizenship acquired by birth shall be effective from the moment of birth.

Basis of descent

Turkish citizenship on the basis of paternity Article 7 of the Turkish Citizenship Law states: “(1) A child born in or outside Turkey to a Turkish citizen mother or father within or outside Turkey within the marriage union 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.” It is regulated.

In order to acquire Turkish citizenship on the basis of paternity, a person must be related to a Turkish citizen mother or Turkish citizen father by descent and the relevant mother or father must be a Turkish citizen at the time of birth.

Place of birth basis

Turkish citizenship on the basis of place of birth Article 8 of the Turkish Citizenship Law states: (1) A child born in Turkey who cannot acquire the citizenship of any country by birth due to his/her foreign parents is a Turkish citizen from birth.

(2) A child who was found in Turkey shall be deemed to have been born in Turkey unless the contrary is established.” It is regulated.

It is the principle of acquiring the citizenship of the State of the country where the person was born on the basis of place of birth. The Law on Turkish Citizenship adopts a territorial basis to prevent statelessness. A condition for the acquisition of Turkish citizenship is that the citizenship of any country is not acquired by birth due to foreign parents.

What is the acquisition of Turkish citizenship?

Subsequent acquisition of Turkish citizenship is regulated in Article 9 of the Turkish Citizenship Law as follows: “(1) Subsequent acquisition of Turkish citizenship is realized by the decision of the competent authority or by adoption or by exercising the right to vote.” It is regulated as follows.

Acquisition of Turkish citizenship by decision of the competent authority

Acquisition of Turkish citizenship with the decision of the competent authority refers to the subsequent acquisition of Turkish citizenship with the will of the person concerned and the decision of the competent authority. As this issue is very detailed, you can find our related article here.

Acquisition of Turkish citizenship through adoption

The institution of acquisition of Turkish citizenship through adoption is regulated in Article 17 of the Turkish Citizenship Law as follows: ” (1) A minor adopted by a Turkish citizen may acquire Turkish citizenship as of the date of the decision, provided that he/she does not have any obstacle in terms of national security and public order.” It is regulated as follows.

Acquisition of Turkish citizenship through the right to vote

The institution of acquisition of Turkish citizenship through the right to choose is regulated in Article 21 of the Turkish Citizenship Law as follows: ” (1) Children who lose Turkish citizenship due to their parents pursuant to Article 27 may acquire Turkish citizenship by exercising the right to choose within three years from the date they reach puberty.” It is regulated as follows.

Acquisition of Turkish citizenship by TRNC citizens

The institution of acquisition of Turkish citizenship by TRNC citizens Article 42 of the Turkish Citizenship Law states that “(1) Citizens of the Turkish Republic of Northern Cyprus who apply to acquire Turkish citizenship shall acquire Turkish citizenship if they declare in writing that they wish to become Turkish citizens.

(2) The provisions specified in Article 11 shall apply to those who have acquired Turkish Republic of Northern Cyprus citizenship later on.” It is regulated as follows.

How long does it take to acquire Turkish citizenship?

The Ministry of Justice has set target times for the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Court of Cassation stages are not considered within this period. Looking at practical applications;

  • Petitions must be complete and complete
  • Notification periods
  • Letters from relevant institutions and organizations
  • Processes such as hearing witnesses, if any, vary according to the content of the case, work and transaction.

Looking at the general averages, it can be said that citizenship affairs, procedures and cases are concluded between 1 and 2 years on average. When the stages of Appeal and Court of Cassation that start after the first instance court decision are taken into account, it is possible for a case to drag on for up to 2-3 years.

However, finalizing an application or a case in the shortest possible time is closely related to following the case closely. A good file follow-up prevents unnecessary prolongation of the case, business and proceedings.

How to find the best naturalization lawyer?

A lawyer specialized in citizenship law provides all necessary legal support to his/her client in resolving disputes between the parties. Within the framework of the dispute in question, the lawyer’s duty is to carry out the necessary work within the scope of the file in order to prevent the person he/she represents from losing his/her rights and to act in the direction of obtaining a positive result from the lawsuits. For this reason, it will be in your favor to work with an expert inheritance lawyer in order to prevent irreversible and irreparable damages and to ensure that there is no doubt that all provisions in your favor are applied.

What is the importance of a lawyer in applying for Turkish citizenship?

Your lawyer will provide you with legal counseling and advocacy services at the point of obtaining the necessary documents for the application you will make, drawing the legal road map, and will ensure that you achieve your goal in the fastest and most cost-effective way.

 

How much is the attorney fee for a naturalization lawyer?

The attorney’s fee is determined on the basis of the proceedings and the case against you. As it is known, every year the Union of Turkish Bar Associations The “Minimum Fee Tariff for Attorneys” prepared by the Ministry of Justice shall enter into force upon enactment. The attorney’s fee in cases under citizenship law cannot be determined as an amount below the fee specified in this tariff. Therefore, the attorney’s fee for a naturalization lawyer is not always fixed and certain. However, it may be possible to set an attorney’s fee above the minimum fee tariff specified by the Bar Association (Click here for 2024 tariff)

 

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