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Turkish Citizenship Law

Article 1

The 1st article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been changed as follows:

Article 1. Children who are born to a Turkish citizen mother and a Turkish citizen father in or outside of Turkey are Turkish citizens effective from birth.

Article 2

The 20th article, Section (c) of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been changed as follows:

c) To have acquired the citizenship of a foreign state or to possess convincing indications that one will acquire the citizenship of a foreign state.

Article 3

The 21st article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been changed as follows:

Article 21. The intention of renunciation of Turkish citizenship or acquisition of citizenship of another state, is submitted by a petition when in Turkey to the highest administrative official in the concerned person's place of residence and when overseas to the Turkish consulates.

The documents processed by these authorities are forwarded to the Ministry of Interior for appropriate action.

Article 4

The 22nd Article and the title of the article of the Turkish Citizenship Law, No. 403, dated 11 Februay 1964 has been changed as following:

C) Renunciation

Article 22. If the person who intends to renounce his/her citizenship is at the same time a citizen of another state, he/she is issued the renunciation document immediately.

If the person who intends to renounce his citizenship is not the citizen of another state, he/she is given a document of permission by the Minstry of Interior and upon submission of the document of acquisition of foreign citizenship, he/she is given the renunciation document.

A document of permission in accordance with the principles established by the Council of Minsiters may be granted to a person who wants to acquire the citizenship of a foreign state by the Ministry of Interior.

The permission document is valid for three years. Those who obtain the permission document are required to provide the competent Turkish authorities with the necessary information and document, within this period.

Article 5

The 23rd article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has

been changed as following.

Article 23. In accordance with the Article 22, Turkish citizenship is lost by the granting of the renunciation document.

If those who are granted the permission document mentioned in the second and third paragraphs of the 22nd Article fail to provide the competent Turkish authorities with the necessary information and documents within the period indicated in the same article, the Council of Ministers upon suggestion of the Ministry of Interior will decide whether or not they have lost their Turkish citizenship.

Article 6

The 25th Article of the Turkish Citizenship Law, No. 403, dated 11 February 1964, paragraph (a) of the first section has been changed as follows, paragraphs (g) and (h) have been added to the section, and a third section as follows has been added to the article.

a) Those who acquire the citizenship of a foreign state intentionally without permission.

g) Persons who engage in activities against the internal and external security or economic and financial security of the Republic of Turkey in violation of laws while abroad, or who have gone abroad by any means after having engaged in similar activities, and against whom it is thus impossible to begin a public trial or prosecute or implement a sentence in Turkey and who despite the issuance of a call to do so do not return to the country within three months, or one month during periods of martial law or extraordinary conditions (state of siege).

h) Those who reside abroad without interruption for seven years after acquiring the citizenship of a foreign state in any manner and who do not make any official effort or application to document that they have not severed their interest and ties to Turkey and to show their intent to maintain their Turkish citizenship.

During martial law periods and under extraordinary conditions (state of siege) regarding those who lost their Turkish citizenship in accordance with paragraph (g) a decision may also be made to apply Article 35, section (1).

Article 7

The 26th Article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been amended as follows:

Article 26. Naturalized Turkish citizens who engage in activities against the internal and external security, or economic and financial security, or economic and financial security of the Republic of Turkey in violation of laws while abroad, of who have gone abroad by any means after having been engaged in similar activities, and against whom it is thus impossible to begin a public trial or presecution or implement a sentence in Turkey, and who despite the issuance of call to do so do not return to the country within three months or within one month during extraordinary conditions, (martial law periods and war) may be deprived of Turkish citizenship by the decision of the Council of Ministers.

This judgement may also be enforced for those who are Turkish citizens by birth when Turkey is in war.

Article 8

The paragraph (a) of the 27th Article of the Turkish Citizenship Law, No. 403, dated 22 February 1964 is amended as follows:

a) Persons who although Turkish citizens by birth because of their mothers, acquire their foreign father's citizenship at birth or afterwards.

Article 9

Section (1) of the 32nd Article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been amended as following:

The minor children of the father who forsakes his Turkish citizenship, lose their citizenship due to the father's status under the following circumstances:

a) the mother is deceased

b) the mother is a foreigner

c) the father has the custody

Article 10

The subtitle "I. Renunciation of Citizenship" under Part II and the title "II. LOSS BY THE DECISION OF COMPETENT AUTHORITY" of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been changed as "I. Renunciation of Citizenship and Permission for acquisition of the Citizenship of Another State"

Article 11

Paragraph (a) of the 12th Article of the Turkish Citizenship Law, No. 403, dated 11 February 1964 has been rescinded.

Article 12

The following annex provisional articles have been added to the Turkish Citizenship Law, No. 403, dated 11 February 1964

PROVISIONAL ANNEX ARTICLE 1. The Council of Ministers is authorised to implement Article 8 of the Law No. 403 with regard to those persons who where Turkish citizens by birth and who were deprived of Turkish citizenship in accordance with the Turkish Citizenship Law, No. 1312, or due to other reasons, provided they show their intent to reacquire Turkish citizenship within two years from the effective date of this law and there is no objection seen to their being readmitted to Turkish citizenship.

TEMPORARY ANNEX ARTICLE 2. Those minors born to Turkish mothers between 22 May 1964 and the effective date of this law and who were not able to acquire Turkish citizenship become Turkish citizens by birth through their mothers upon application of the mother, father or the legal representatives.

In the event that the mother, father or the legal representatives do ot apply the child's right to acquire Turkish citizenship through choice for three years after reaching majority according to the Turkish Civil Code, is reserved.

Article 13

The law is effective upon its publication.

Article 14

Council of Ministers enforces the provisions of this law.

NATURALIZATION

The procedure for gaining Turkish citizenship is given below.

The applicant should be of full age according to his own national legal system.

The applicant must have resided in Turkey for 5 years, without any interruptions.

The applicant must have the intention of settling in Turkey. The foreigner should confirm his intention of settling in Turkey with behaviors such as acquiring immovable property, marrying and so on.

The applicant must have good moral standing, and having no relation to theft, smuggling, swindling etc...

The applicant should have no sickness or disease that threats the public.

The applicant must have the means to provide financially for himself/herself and his/her dependents.

There is an exceptional way of obtaining Turkish Citizenship in which all conditions of acceptance to citizenship are essential except the 5-years-residence period and the confirmation of will by behavior. In this kind of acceptance, the conditions of residence in Turkey for five years and the intention of settlement in Turkey shall not be necessary. This right has been given to:

The children of full age of those who have lost Turkish Citizenship.

Those who have married Turkish citizens and have children who have reached two years of age.

Those that are of Turkish origin and their wives/husbands and children of full age.

Those who have settled in Turkey with the intention of living in Turkey.

Those that are thought to import into Turkey new developments in social, economics, science, technology and art matters.

Those whose acceptances are deemed essential by “The Cabinet”.

According to Turkish Citizenship Law, marrying a foreigner does not influence the citizenship of the husband. Foreigner wife marrying a Turkish husband has the right to choose her own citizenship. But in some exceptions such as “having no citizenship”, the foreigner automatically shall gain the Turkish citizenship due to the principle of “having at least one citizenship”.There is no condition as resigning from the other citizenship for the wife who has married a Turkish citizen. Therefore, the Turkish Laws allow the wife to hold both of the citizenships implicitly.

Eligibility for citizenship is conditional upon the validity of the marriage. If one of the couple is already married at the time of the new marriage contract or is not mentally healthy or capable of understanding, the marriage is deemed null and void. Null and void marriages can be cancelled by a court decree. At the end of such a case, the wife may either lose or keep her citizenship, depending on her "good will" which means whether or not she was aware of the "cause" that would prevent the validity of the marriage with the husband.

The Fictitious Marriage

There is no provision in Turkish Laws that enables fictitious marriages to be readily cancelled. So, marriages built upon the aim of gaining Turkish citizenship are no subject to cancellation. If the marriage occurs before Turkish Authorities (which are consulates in foreign countries or the Turkish Marrying officers in Turkey), the notification should be done to the authorities married before.

If the marriage occurs before foreign authorities, which have the authority for marrying, the notice should be done to the Turkish registration authorities and The Ministry of Interior Affairs shall also be informed.The wife should make the citizenship claim, herself. The authority, which has received the claim that is made in accordance with the procedure, shall forward this claim to the security authorities and Census Directorate (Nüfus Müdürlüğü).