Turkish nationality law

Turkish nationality law
cover of Turkish passport (maroon with gold letters)
Cover of biometric general-purpose Turkish passport issued in 2010

Turkish nationality law is based primarily on the principle of jus sanguinis. Children who are born to a Turkish mother and a Turkish father in (or outside of) Turkey are Turkish citizens from birth. The intention to renounce Turkish citizenship (or acquire citizenship from another state) is submitted in Turkey by a petition to the highest administrative official in the concerned person's place of residence, and when overseas to the Turkish consulate. Documents processed by these authorities are forwarded to the Ministry of Interior for appropriate action.

Contents

Definition of citizenship

Citizenship is defined in Article 66 of the Turkish constitution:

  • Everyone bound to the Turkish state through the bond of citizenship is a Turk.
  • The child of a Turkish father or a Turkish mother is a Turk.
  • Citizenship can be acquired under the conditions stipulated by law, and shall be forfeited only in cases determined by law.
  • No Turk shall be deprived of citizenship, unless he commits an act incompatible with loyalty to the motherland.
  • Recourse to the courts in appeal against the decisions and proceedings related to the deprivation of citizenship, shall not be denied.

Wikisource-logo.svg 1982 constitution., Article 66 (as amended on October 17, 2001)

Adoption

A child adopted by a Turkish citizen automatically becomes a Turkish citizen if they are under 18 years old on the date the application for adoption was made. In some cases (although it is not required), those who have foreign names and are applying for Turkish citizenship change their name to a Turkish (but not necessarily a Muslim) name. Examples of people who have done this include football players Colin Kazim-Richards and Mehmet Aurélio.[1]

Loss of citizenship

Naturalization and loss of Turkish citizenship is controlled by the Vital Statistics Office (Turkish: Nüfus ve Vatandaşlık İşleri Genel Müdürlüğü), a department of the Ministry of the Interior.

Dual citizenship

Dual citizenship (the simultaneous possession of two citizenships) is possible in Turkey because there are no uniform rules of international law relating to the acquisition of nationality. Each country has its own laws regarding nationality, and its nationality is conferred upon individuals on the basis of its own domestic policy. Individuals may have dual nationality by choice or by the automatic operation of these different (and sometimes conflicting) laws.

The laws of Turkey provide for acquisition of Turkish citizenship based on one's descent—by birth to a Turkish citizen parent (or parents) in Turkey and also by birth abroad to a Turkish citizen parent (or parents)—regardless of the other nationalities a person might acquire at birth. Children born in Turkey to foreign citizens do not have a claim to Turkish citizenship, unless one of the parents is also a Turkish citizen. The automatic acquisition (or retention) of a foreign nationality does not affect Turkish citizenship. Turkish laws have no provisions requiring citizens who are born with dual nationality to choose one nationality over the other when they become adults.

While recognizing the existence of dual nationality and permitting Turkish citizens to have other nationalities, the Turkish government requires that those who apply for another nationality inform the appropriate Turkish officials (the nearest Turkish embassy or consulate abroad) and provide the original Naturalization Certificate, Turkish birth certificate, document showing completion of military service (for males), marriage certificate (if applicable) and four photographs. Dual nationals are not compelled to use a Turkish passport to enter and leave Turkey; it is permitted to travel with a valid foreign passport and the Turkish National ID card.

Turkish Republic of Northern Cyprus

The Turkish Republic Of Northern Cyprus and Republic Of Turkey have similar citizenship laws, and citizens of both nations are permitted to live and work in either nation if basic requirements (such as a job and accommodations) are met. Because the TRNC is only recognized by Turkey, many countries do not allow travel into their country with TRNC passports; the Republic Of Turkey issues passports to citizens of the TRNC, to enable them to travel freely.

The main difference between citizenship in the TRNC and the Republic of Turkey is that in Turkey, a person becomes a citizen (and obtains a national identification card) upon formal application; male children born outside Turkey are not obligated to perform military service. Children automatically become citizens of the TRNC if either one of their parents are a citizen. Therefore, all children born overseas to parents with TRNC citizenship, must perform military service if they wish to reside in Northern Cyprus for more than 90 days in a calendar year (even if they do not formally apply for citizenship). Male children born to parents who are TRNC citizens may buy out their military service (either in full or down to 30 days) under the requirements of the Asal Şube. Children born in the TRNC to parents of Turkish Cypriot citizenship must perform full military service.

See also

References

  1. ^ From Bury to Brazil, the rise of a boy called Colin Kazim-Richards Times Online. Retrieved on 2009-04-13.

Further reading



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