A foreigner wishing to acquire Turkish citizenship can apply through an official decision by the competent authority if they meet the criteria outlined in the Turkish Citizenship Law (T.C.L.). However, the final decision of the competent authority, which is subject to administrative judicial review, is discretionary. Even if all legal conditions are met, the authority is not obligated to grant citizenship. The competent authority overseeing this process is the Ministry of Interior. The legal conditions for acquiring Turkish citizenship are as follows:
- Age and Mental Capacity: The applicant must be of legal age and have the mental capacity to make the application.
- Residency Requirement: The applicant must have resided continuously in Turkey for the past five years as of the application date.
- Decision to Settle: The applicant must demonstrate their intention to settle in Turkey through their actions.
- Health Requirement: The applicant must not have any illness that poses a threat to public health.
- Good Moral Character: The applicant should have good moral character, meaning they must not have engaged in theft, smuggling, fraud, or other criminal activities. Additionally, they should not have a habit or profession associated with such undesirable actions.
- Language Proficiency: The applicant should be able to speak Turkish sufficiently.
- Financial Sufficiency: The applicant must have sufficient income or a profession to support themselves and any dependents in Turkey.
- National Security and Public Order: The applicant must not have any condition that poses a threat to national security or public order.
These conditions aim to ensure that applicants can integrate into Turkish society and contribute positively to the country.
Summary of Acquiring Turkish Citizenship
- Marriage:
- Foreigners married to Turkish citizens for at least three years can apply for citizenship if they are in a family union, have not engaged in actions against the marriage, and pose no public security threat. Required documents include ID, passport, marriage certificate, residence permit, and proof of family unity.
- Real Estate Investment:
- Foreigners who purchase property worth at least $400,000 USD and commit not to sell for three years may apply for citizenship. Relevant documents and a dossier must be prepared for submission.
- General Investment:
- Turkey offers citizenship to foreigners who make qualifying investments. Options include real estate, job creation, fixed deposits, and stock investments, each with minimum amounts and holding periods. Applicants must complete documentation for evaluation, after which citizenship may be granted.
Each path has specific legal conditions and documentation requirements.
Legal Rights of Foreigners with Turkish Citizenship
- Effect of Citizenship Decision:
- The acquisition of Turkish citizenship becomes effective from the date of the official decision.
- Citizenship for Spouses and Children:
- Foreign spouses of Turkish citizens do not automatically acquire citizenship.
- Minor children gain citizenship if both parents acquire it together. If only one parent does, the child can acquire citizenship with the other parent’s consent. If consent is not given, a Turkish court decision can replace it.
- Name and Surname:
- New citizens are not required to adopt Turkish names. However, if they choose to do so, the surname must be in Turkish.
- Military Service:
- Male citizens must complete military service, unless they provide proof of service completed in their country of origin.
Importance of a Foreigners Law Attorney
- Guidance in Legal Processes:
- Attorneys help foreigners navigate complex legal systems, overcoming language barriers and unfamiliar legal terminology.
- Asylum and Immigration Assistance:
- They support clients in asylum and immigration applications, handling documentation and ensuring legal rights are protected.
- Defending Legal Rights:
- Attorneys protect clients’ rights regarding work permits, residence, social rights, and working conditions.
- Facilitating Integration:
- They assist with integration, including guidance on language courses, job opportunities, and community interaction.
- Protection from Unfair Treatment:
- Attorneys defend clients against discrimination, exploitation, and other forms of unfair treatment.
In summary, a foreigners law attorney plays a crucial role in ensuring a fair legal system for foreigners, offering essential guidance, representation, and support.
Guest post written by Orbay Cokgor
