ACQUIRING TURKISH CITIZENSHIP BY ORIGINAL MEANS

The current legislation regarding the acquisition of Turkish citizenship is the Turkish Citizenship Law No. 5901, and within the framework of these regulations, the acquisition of Turkish citizenship will be examined by making a dual distinction. Here, the original acquisition of citizenship is based on the principle of descent and place of birth, while the subsequent acquisition of citizenship is based on a decision by the competent authority, adoption, or the acquisition of the right to choose. The original acquisition of citizenship is distinguished from the subsequent acquisition of citizenship because it is acquired by birth.[1]

  1. a) Acquisition of Turkish Citizenship by Original Means

There are two principles accepted for the original acquisition of citizenship. These are the principle of descent and the principle of birthplace.[2] According to the principle of descent, citizenship is based on descent from the mother and father. According to the principle of birthplace, citizenship is acquired according to the laws of the place where the person was born, regardless of their mother and father. For example, individuals born in the United States acquire American citizenship based on the place of birth principle. In contrast, under the TVK, citizenship is acquired based on the principle of descent, not the place of birth principle.[3]

Original citizenship in Turkey can be acquired through descent, as per Article 7 of the TVK, and through birthplace, as per Article 8 of the TVK. Original citizenship is different from citizenship acquired later in life. This is because no official decision is required, and the wishes of the mother, father, or any other person are not taken into consideration.

The definition of acquiring citizenship through the primary route is the citizenship acquired at birth and by virtue of birth.[4] No decision by an authorized authority is required for acquiring citizenship through the primary route; it is an automatic acquisition. Here, there is a situation and right arising from the law.[5]

  1. aa) Acquisition of Turkish Citizenship by Descent

Article 7 of the TVK regulates the original acquisition of Turkish citizenship by descent. According to the article, children born within or outside Turkey to a Turkish mother or father acquire Turkish citizenship by birth. If the child is born within a marriage, it is sufficient for either the mother or father to be a Turkish citizen for the child to be a Turkish citizen.

If the child is born outside of a marital union, the child born to a Turkish mother and a foreign father is a Turkish citizen. Here, the child may acquire citizenship if born within or outside Turkey, outside of a marital union but to a Turkish mother. If the mother holds multiple citizenships, and one of these is Turkish citizenship, the child is deemed to have been born to a Turkish mother and may thus acquire Turkish citizenship.

If a child is born outside of marriage to a Turkish father and a foreign mother, the child acquires Turkish citizenship by fulfilling the conditions that establish the parentage. The parentage with the father can be established through marriage, recognition, or a court decision.[6]

Procedures for acquiring Turkish citizenship through family ties can be carried out at the population directorates in Turkey or through Turkish consulates or embassies abroad. For procedures to be carried out at Turkish consulates or embassies abroad and at population directorates in Turkey, the birth certificate of the child must be apostilled in countries that are parties to the 1961 Hague Convention or the birth certificate of the child must be presented with the approval of the competent authorities of the country where it was issued and the Ministry of Foreign Affairs, Turkish Embassies, and the presence of the mother or father, and the citizenship procedures of the child can be carried out.

  1. bb) Acquisition of Turkish Citizenship Based on Place of Birth

Article 8 of the TVK regulates the original acquisition of Turkish citizenship based on place of birth. This provision stipulates that children born in Turkey who cannot acquire citizenship of any country by birth due to having foreign parents shall be Turkish citizens from birth. The place of birth is significant in terms of acquiring citizenship through birth, and the assessment is made accordingly.[7] Citizenship acquired at birth, i.e., by origin, is based on lineage, and although citizenship acquired through the principle of territory is considered a second way of acquiring citizenship after birth, it is a form of acquiring citizenship by origin.[8]

In order to acquire Turkish citizenship based on the place of birth, the child must have a foreign mother or father and be born within the borders of Turkey.[9] The place of birth principle is an exceptional system that serves the purpose of preventing statelessness.[10]

Article 8/2 of the TVK establishes a presumption, stating that children present in Turkey shall be deemed to have been born in Turkey unless proven otherwise. In this context, if it cannot be determined that a child present in Turkey was born in another country, it shall be presumed to have been born in Turkey. Since this is an exceptional case, the person may acquire Turkish citizenship if the conditions specified in the article are met.

 

Year: 2025

Application: Acquiring Turkish Citizenship By Original Means

Lawyers: Mehmet Said Sarıbaş & Bilal Akbaba

E-mail: info@saribasakbaba.av.tr

Website: saribasakbaba.av.tr

[1] Rona Aybay, Citizenship Law, Istanbul, Aybay Publications, 2001, p. 64.

[2] Doğan, p. 31.

[3] Erdem, p. 99.

[4] Doğan, p. 30; Güngör, Nationality Law, p. 57; Erdem, p. 98; Nomer, p. 50.

[5] Nomer, p. 51.

[6] Eda Aydemir, Acquisition of Turkish Citizenship by Exceptional Means, Master’s Thesis, Antalya, 2022, p. 23.[7] Doğan, p. 33.

[8] Erdem, p. 99.

[9] Erdem, p. 99.

[10] Eda Aydemir, Acquisition of Turkish Citizenship by Exceptional Means, Master’s Thesis, Antalya, 2022, p. 23