Turkish Law 5901 as the Main Framework for Granting Citizenship
Law 5901 of Turkey is recognized as the primary framework for defining the conditions and regulations for granting citizenship in the country. This law specifies who can acquire Turkish citizenship, under what conditions, and by which methods. From birth and descent to marriage, long-term residence, and investment — all these pathways are clearly and precisely defined within Law 5901.
In this article, we intend to take a comprehensive look at the implementation of this law and examine all its important points. Stay with Negin Group to learn the details of this important law and its impact on the process of acquiring Turkish citizenship.
If you do not intend to work in Turkey but have the ability to invest in the country’s real estate market, you can immediately apply for citizenship by purchasing property in Turkey valued at $200,000. Negin Group, by providing a professional team of experienced consultants, will handle the entire process of your residence and citizenship acquisition. Our consultants will evaluate your situation and suggest the best options for obtaining Turkish residency.
Law 5901 of the Republic of Turkey
Law No. 5901, titled the “Turkish Citizenship Law,” was enacted in Turkey in 2009 and provides the most up-to-date legal framework for granting citizenship to different individuals. This law not only defines the conditions for acquiring citizenship but also addresses various methods such as birth, marriage, residence, adoption, and exceptional cases.
1. Turkish Citizenship by Birth
Citizenship Based on Lineage
According to Law 5901 of Turkey, a child who has a Turkish father or mother at birth automatically acquires Turkish citizenship, whether born inside or outside the country.
If one parent is a Turkish citizen, the child automatically receives citizenship.
Marriage or non-marriage of the parents affects this law, but both scenarios are covered.
Children Born Within Legal Marriage
Law 5901 of Turkey states that a child born from a legal marriage between a Turkish woman or man and their spouse (whether Turkish or foreign) acquires Turkish citizenship.
Child Born Out of Wedlock to a Turkish Mother
The child is considered a Turkish citizen from birth.
Child Born Out of Wedlock to a Turkish Father
If paternity is proven under Turkish Civil Law (Code 4721), the child can acquire Turkish citizenship. This proof can be through parents’ marriage or the father’s acknowledgment.
Delay in Reporting Birth Abroad
Law 5901 states that if a person born abroad has not declared their citizenship by age 18, they must submit specific documents to the relevant authorities for their Turkish citizenship registration.
Citizenship by Place of Birth
Law 5901 states that a child born in Turkey whose parents are unknown or unable to obtain citizenship from any country (stateless) is recognized as a Turkish citizen from birth.
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2. Turkish Citizenship After Birth
According to Law 5901 of Turkey, citizenship after birth can be obtained through three main methods:
Acquisition of Citizenship by Decision of the Competent Authority
This includes several cases as follows:
a) General Turkish Citizenship
Foreign nationals who meet certain conditions can apply for citizenship through a formal request.
Required Conditions:
Legal adulthood and mental capacity
Continuous residence in Turkey for at least 5 years (or 2 years for those of Turkish descent)
Proof of intent to reside permanently (for example, through marriage to a Turkish citizen, investment, property purchase in Turkey, company registration, etc.)
No contagious diseases threatening public health
Good moral character
Ability to speak Turkish
Ability to support oneself and family financially
No security threat to the country
b) Exceptional Citizenship
Granted to those who have rendered special services to the country or have outstanding achievements in scientific, cultural, economic, or sports fields.
c) Restoration of Previous Citizenship
Available to individuals who previously lost Turkish citizenship and wish to request its restoration.
d) Citizenship Through Marriage
According to Law 5901, a person who marries a Turkish citizen can apply for citizenship after three years of genuine cohabitation, provided they meet conditions such as maintaining a real family life, posing no threat to national security, and not abusing the marriage for citizenship purposes.
3. Adoption
A child under 18 years old who is adopted by a Turkish citizen can obtain Turkish citizenship with the approval of the adoptive parents and the consent of the child (if the child’s age permits).
4. Right of Option (Right to Reclaim Turkish Citizenship)
Individuals who have lost Turkish citizenship for various reasons can apply to regain citizenship if they meet certain conditions.
Required Documents for Obtaining Turkish Citizenship (General)
Official application form (VAT-3)
Valid passport or document proving current citizenship
Notarized translation of identity documents
Marriage documents (if married)
Birth certificate or documents related to family relationships
Health report from official Turkish health centers
Proof of ability to speak Turkish
Proof of employment, income, or financial capability
Certificate of good conduct (in some cases)
Passport photos and residency documents
Exceptional Opportunity at Negin Group for Those Without Sufficient Capital:
You can obtain residency in Turkey by pre-purchasing property. This method allows you to benefit from residency advantages through an initial investment and easily start the residency process.
Reclaiming Turkish Citizenship: Ways to Restore Citizenship for Stateless Individuals
Restoring Turkish citizenship is possible for individuals who previously lost their citizenship for various reasons. According to Turkish Law 5901, there are two main methods to regain citizenship: without the need for residence and conditional on residence. This article reviews the conditions, procedures, and eligible groups for reclaiming Turkish citizenship.
1. Reclaiming Citizenship Without Residence Requirement
According to Article 13 of Turkish Law 5901, certain individuals can regain Turkish citizenship without residing in Turkey, solely by decision of the Ministry of Interior, provided there is no threat to national security. Eligible individuals include:
a) Those who renounced citizenship with official exit permission
This group includes persons who, under legal regulations and having obtained an official “exit permit,” renounced their citizenship. They can regain citizenship without residing again in Turkey.
b) Individuals who lost citizenship involuntarily due to their parents’ status
People who involuntarily lost Turkish citizenship because of their parents’ citizenship status, and who did not exercise their right to reclaim citizenship within three years after reaching legal age, can still apply to reclaim it. The decision lies with the Ministry of Interior, with national security being the main consideration.
2. Reclaiming Citizenship Conditional on Three Years Residence
Another group of individuals needs to reside continuously in Turkey for three years to regain citizenship. According to the second clause of Article 13 of Law 5901, the Council of Ministers has the authority to decide in this matter. This group includes:
a) Those who lost citizenship by exercising the right of option
Some individuals who renounced Turkish citizenship through the “right of option” (the right to determine citizenship following changes in parents’ status) may apply to regain citizenship if they have legally and continuously resided in Turkey for three years. The application is reviewed by the Ministry of Interior, and the applicant must not pose a security threat.
b) Others who lost citizenship without exit permission
In specific cases where citizenship was revoked for other reasons, restoration is possible. However, the three-year residence requirement remains in effect, and the final decision is made by the Council of Ministers.
3. Special Conditions for Individuals Covered by the Repealed Law No. 403
Previously, Law No. 403 was the legal basis for citizenship decisions. After its repeal and the enactment of Law 5901, some provisions of the former law are still considered in the citizenship restoration process.
Individuals who lost their citizenship under clauses (a), (c), (d), and (e) of Article 25 of the repealed Law No. 403 may regain citizenship without residing in Turkey if there is no national security obstacle. The final decision rests with the Council of Ministers.
Reclaiming Turkish citizenship is not only a chance to restore citizenship rights but can also open doors to investment and access to the broad benefits of the country. In recent years, many individuals who regained citizenship have purchased property in Alanya to enjoy the advantages of residency and living in Turkey.
Effects of Obtaining Turkish Citizenship on Spouse and Children
Turkish Law No. 5901 is based on specific principles including birth, residence, decisions by competent authorities, adoption, and the right of option. According to Law No. 5901, obtaining citizenship by one of the parents or through the decision of a competent authority always has consequences for the spouse and children of the applicant. This article provides a detailed examination of these effects, the required documents, and the legal procedures involved.
Impact of One Parent Obtaining Turkish Citizenship on Family Members
According to Article 2.5 of Law No. 5901, if one of the parents acquires Turkish citizenship through the decision of the competent authority, this does not directly affect the spouse’s citizenship status. The spouse must apply separately to obtain citizenship.
However, the situation of the children dependent on these parents differs. In this case, children may obtain Turkish citizenship depending on custody status and the consent of the other parent:
If both parents acquire citizenship simultaneously, the children born within a legitimate relationship will also obtain Turkish citizenship.
If only one parent acquires citizenship, and there is written consent from the other spouse, the children will also acquire Turkish citizenship.
If the other parent’s consent is not given, the final decision rests with the judge in the jurisdiction where the parents normally reside.
In the event of the death of one parent, custody and citizenship of the children belong to the surviving parent, and the children will receive Turkish citizenship.
Additionally, children born out of wedlock and under the custody of the mother will directly receive Turkish citizenship if the mother acquires citizenship.
Required Documents for Obtaining Citizenship for Children Dependent on Parents
The required documents for children’s citizenship application depend on the parents’ marital status and custody situation. The documents are categorized as follows:
a) Child born within a marriage and under custody of one parent:
Notarized Turkish translation of valid birth certificate
Birth report based on birth certificate (Form VGF-01)
Notarized consent document from the non-applicant parent (if applied from abroad, notarized translation is also required)
Parents’ marriage certificate
b) Child born from a marriage ended by divorce:
Notarized Turkish translation of valid birth certificate
Birth report (VGF-01)
Notarized translation of custody order
Notarized translation of divorce decree
Notarized consent from the non-applicant parent
c) Child born from a marriage ended by death of a parent:
Notarized Turkish translation of valid birth certificate
Birth report (VGF-01)
Notarized translation of parents’ marriage certificate
Notarized translation of death certificate of one parent
d) Child born out of wedlock and under custody of the mother:
Notarized Turkish translation of valid birth certificate
Birth report (VGF-01)
Notarized translation of document proving the mother’s new marital status
Important Note: Children who were not processed at the time of the parents’ citizenship acquisition can apply independently for citizenship after reaching legal age. In this case, the provisions of Article 2.5 still apply.
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Obtaining Turkish Citizenship Through Adoption
According to Article 2.6 of Turkish Law No. 5901, minor foreign nationals who are adopted by a Turkish citizen, provided there are no security obstacles or conflicts with public order, are eligible to receive Turkish citizenship.
Required Documents for Obtaining Citizenship Through Adoption:
Application form (VAT-7) submitted by the adoptee or legal guardian
Notarized Turkish translation of a valid birth certificate
Birth report (VGF-01)
Copy of the civil registration of the adopting parents
Payment receipt for service fees
After approval, these documents are sent by the competent authority to the Ministry of Interior.
Obtaining Turkish Citizenship by Right of Option
Based on Article 2.7 of Law No. 5901, individuals who have previously lost Turkish citizenship for legal reasons may exercise their right of option to regain Turkish citizenship by submitting a written notification within three years after reaching legal age.
Required Documents to Exercise the Right of Option:
Relevant petition form (VAT-8)
Notarized Turkish translation of the new citizenship document obtained after losing Turkish citizenship
Notarized Turkish translation of civil status certificate
Copy of civil registration
Payment receipt for service fees
The spouse of an individual who obtains Turkish citizenship through this method is not affected by this process. However, regarding children, the provisions of Article 2.5 still apply.
Additional Note Regarding Banking Procedures
Individuals who acquire Turkish citizenship through any of the above methods can open a bank account in Turkey and benefit from the country’s banking and financial services after obtaining citizenship. This facilitates investment, commercial activities, and personal citizenship-related affairs.
Loss of Turkish Citizenship: Conditions and Consequences
According to Turkish Law No. 5901, citizenship of the country can be lost by decision of the competent authorities under certain specified conditions. This process is usually carried out at the individual’s request and with official authorization. Below are the key stages and consequences:
1. Ways to Lose Turkish Citizenship
a) Voluntary Renunciation (With Permission)
Turkish citizens may renounce their citizenship with permission from the Ministry of Interior if they hold another nationality or have guaranteed acceptance of citizenship by another country.
b) Revocation of Citizenship (Compulsory)
In certain cases, citizenship may be revoked by the Turkish government, for example, if it is found that citizenship was obtained through false information.
c) Cancellation of Citizenship Grant Decision
In cases of fraud, forgery, or non-compliance with citizenship laws, the government may annul the granted citizenship.
2. Conditions for Renunciation with Permission
The individual must be over 18 years old and have legal capacity.
Must hold citizenship of another country or have official guarantee to obtain one.
Must not be under legal prosecution or evading military service.
Must not be subject to travel bans or legal/financial restrictions.
3. Required Documents for Renunciation Application
Official application form (VAT-9)
Civil registry extract
Official translated documents proving foreign citizenship or guarantee of citizenship acquisition
Official notarized Turkish translations of documents
4. Issuance of Permission and Certificate of Renunciation
If foreign citizenship is already obtained: only a certificate of renunciation is issued.
If only a guarantee of obtaining citizenship is provided: both permission and certificate of renunciation are issued.
These documents are valid for two years; if no action is taken or conditions change within this period, the documents and decisions become invalid.
5. Impact on Spouse and Children
Renunciation by one parent does not affect the spouse’s citizenship.
Children lose Turkish citizenship only if the request is made by the custodial parent and the other parent consents.
In case of death of a parent, the child’s citizenship depends on the surviving parent.
If renunciation would render a child stateless, the child’s citizenship remains valid.
6. Consequences of Losing Turkish Citizenship
Individuals who have lost Turkish citizenship with permission are recognized as foreigners but:
They retain most civil rights (residence, inheritance, education, employment, property ownership, etc.)
They do not have the right to vote, military service, public office, or vehicle importation.
Their social security rights remain intact.
7. Amendment and Revocation of Decisions
In case of death, voluntary renunciation, or changes in family status (such as divorce or adoption), permission and renunciation documents may be revoked or amended.
Turkish Citizenship Laws | General Regulations
This section introduces the main legal regulations related to Turkish citizenship. If you intend to become a Turkish citizen or check your citizenship status, understanding these laws is essential.
1. Proof of Turkish Citizenship
No special form is required to prove Turkish citizenship. The following official documents suffice unless proven otherwise:
Turkish civil registry records
Turkish identity card or family register booklet
Turkish passport or substitute documents
2. Citizenship Disputes
If there is any ambiguity regarding an individual’s Turkish citizenship, the Turkish Ministry of Interior is responsible for investigation. Medical documents and judicial decisions may be reviewed if necessary.
3. Procedures and Authorities for Citizenship Applications
Applications for acquiring or losing citizenship must be submitted in person or via authorized proxy at the local governorate in Turkey or official Turkish representations abroad.
For persons under 18 or legally incapacitated, applications are submitted by parents or legal guardians.
4. Notification of Citizenship Decisions
The results of citizenship acceptance or rejection are communicated to the applicant. In cases such as declaration of loss of citizenship, the decisions are published in the official gazette.
5. Validation of Foreign Documents
Documents issued outside Turkey must be certified according to regulations. Official Turkish translations and notarization are required.
6. Citizenship Review Commission
Citizenship applications are reviewed by a commission consisting of officials from the civil registry office, police, gendarmerie, education, and other related institutions. The commission is chaired by the governor or his representative.
7. Decision-Making Process of the Commission
Commission meetings require the attendance of at least two-thirds of members. Decisions are made by majority vote. In case of a tie, the chairman’s vote prevails.
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8. Residency Requirements for Citizenship Application
According to Turkish Law No. 5901, to apply for Turkish citizenship, the applicant must have legal residence in the country. Residencies granted for tourism or studies without legal residence status are not valid.
If the applicant’s stay in Turkey is interrupted for more than 6 months or if they stay without a residence permit, the entire previous residence period will be considered void.
9. Citizenship Case File
An official case file is created for each citizenship applicant. If the application is rejected, the file is archived. If approved, only essential information about the spouse is retained for five years.
10. Citizens of the Turkish Republic of Northern Cyprus
Individuals who are citizens of the Turkish Republic of Northern Cyprus by birth may apply for Turkish citizenship by written declaration. This decision does not affect the citizenship of their spouse.
Required Documents:
Application form (VAT-11)
Proof of citizenship of the Turkish Republic of Northern Cyprus
Marriage certificate
Identification documents of spouse and children (if any)
11. Multiple Citizenship
Turkish citizens who acquire citizenship of another country for various reasons are required to report this to the civil registry office. The new citizenship information must be submitted with official documents and notarized translations.
The civil registry offices verify the identity information against the foreign documents, record the multiple citizenship status in the system, and issue an official confirmation.
Summary
Familiarity with Turkish Law No. 5901 is essential for those intending to obtain citizenship in Turkey. As we have seen, conditions such as legal residence, valid identity documents, the review process by the citizenship commission, and regulations regarding dual citizenship are among the important points to consider.
Moreover, the citizenship review process in Turkey is based on transparency, official documents, and the presence of the applicant. If there are missing documents or interruptions in residency, the application process may face delays or rejection.
You can benefit from the consultation and services of the professional Negin Group team for purchasing property in Alanya and Turkey. Our team is available around the clock to offer you free advice. For more information and to start your consultation, visit https://alanyahome.co/ or call +90 553 861 2234.