Didim Today

Citizenship matters can be confusing for those who are not familiar with relevant Turkish laws and regulations, and “those who are not familiar with relevant Turkish laws and regulations” means almost everyone. Today, I will focus on the acquisition of Turkish citizenship as delineated in the Law on Citizenship (Law No. 5901) and regulations on the implementation of this law.

Here is a reader’s question regarding this topic: “Having enjoyed your past writings published on the Today’s Zaman website, I would be grateful if you would consider my situation. “I am an American citizen, 55 years of age, married to a wonderful Turkish woman for almost 22 years now. We spend as much time as possible here in Adana. My work as a freelance contractor finds me traveling quite a lot, so I have settled my wife and our son here in Adana for an extended stay, with me returning for a weekend every month (tourist visa only for me, for the reason of my brief stays).

While we work to figure out how to register my son with the birth office (complicated only by the fact that my wife was previously married and her divorce was not recorded here in Turkey -- so our own marriage is not yet registered here yet), I am curious about the recent changes in law for citizenship through marriage. “I was wondering, specifically, about Law No. 5901 -- are Articles 16 and 11 complimentary? Or are they separate? In other words, while I can clearly meet the three listed requirements for Article 16, I have not lived here in Turkey for five years consecutive (listed as required by Article 11).

Can you clarify? Do the requirements of Articles 11 and 16 combine or can I apply for citizenship under the simple requirements of Article 16 alone?” A brief introduction to the general rules governing the acquisition of Turkish citizenship may be helpful at this stage. According to the relevant provisions of the above-mentioned law, Turkish citizenship is acquired either at the time of birth or after birth. Children born of a Turkish mother or father within the union of marriage, whether in Turkey or abroad, acquire Turkish citizenship automatically upon birth. A child can also acquire Turkish citizenship if born of a Turkish mother and a foreign father out of wedlock.

The child of a Turkish father-foreign mother couple born out of wedlock can also obtain citizenship if requirements regarding the determination of fatherhood are met. The second way to acquire citizenship at birth is through one’s place of birth. If a child is born in Turkey and cannot obtain the citizenship of his/her alien parents, s/he can acquire Turkish citizenship because s/he was born in Turkey. Unless otherwise proven, any minor found in Turkey is deemed to have been born in Turkey. As stated, citizenship can be obtained after birth as well.

There are three ways to do this: (i) by decision of competent authority, (ii) by adoption or (iii) by choice. Articles 10 and 11 regulate the general provisions for acquiring Turkish citizenship by the decision of competent authority. According to these two articles, an alien can acquire citizenship if s/he fulfills the conditions stipulated by the Law on Citizenship.

However, it is important to note that authorities are not required to grant Turkish citizenship to an applicant, so there is no guarantee one will obtain Turkish citizenship. One who fulfills all the requirements of Article 11 is still subject to the discretion of the authorities. Requirements determined in Article 11 are as follows: (i) being at the age of consent and capacity, according to the alien’s own national laws or Turkish laws if s/he is not a citizen of another state at the time of application, (ii) having been a resident of Turkey for five years prior to his/her date of application, (iii) having the intention of settling in Turkey, and (iv) speaking an adequate level of Turkish.

Acquisition of Turkish citizenship by marriage, which is regulated under Article 16, is another way to obtain Turkish citizenship by decision of competent authority. Thus, conditions determined for Article 11 and 16 are separate. Article 16 is valid for those who have married a Turkish citizen. According to Article 16, Turkish citizenship is not acquired automatically upon marrying a Turkish citizen.

A person must have been married to a Turkish citizen for at least three years and must fulfill other conditions stated under the article. Aliens applying for Turkish citizenship (i) shall live in a family unit, (ii) shall not act in a way incompatible with the unity of marriage, and (iii) shall not be associated with any acts that threaten national security and public order.

Berk Cektir http://www.berkcektir.av.tr/ The information provided here is intended to give basic legal information. You should get legal assistance from a licensed attorney at law while conducting legal transactions and not just rely on the information in this corner. http://www.todayszaman.com/ This e-mail address is being protected from spambots. You need JavaScript enabled to view it