The concept of citizenship today, in the simplest terms, refers to a legal bond that determines the mutual rights, duties and obligations of the individual with a certain state. Citizenship gives certain rights to individuals before the state, as well as some obligations. The difference between citizens of a country and foreign persons is determined by these rights and obligations. The concept of citizenship, in addition to its appearance in domestic law, also gives the state the right to defend its nationals against foreign countries in international law. As can be seen here, citizenship creates a reciprocal bond between the individual and the state.
When we look at it historically, the understanding of citizenship, II. It was based on the ideology of "Ottomanism" until the Constitutional Monarchy. With the establishment of the nation-state understanding in the world and in our country, there was an evolution from community to society, and the concept of citizenship emerged at this stage. With the proclamation of the Republic, "Ottomanism" left its place to the idea of "Turkism". Even though the 61 Constitution tried to move away from this nationalist understanding, these efforts were not enough to bring the understanding of citizenship to the democratic ground it should be.
Today, discussions on the concept of citizenship continue in this sense, and the subject continues to be popular.
Article 66 of the Constitution bears the title of "Turkish Citizenship": "Everyone who is bound to the Turkish State by citizenship is Turkish. The child of a Turkish father or Turkish mother is Turkish. (Abolished sentence: 3/10/2001-4709/23 art.) Citizenship is defined by the law. "It is gained with conditions and is lost only in the cases specified in the law. No Turkish can be expelled from citizenship unless he/she commits an action incompatible with loyalty to the homeland. No judicial remedy can be closed against the decisions and procedures regarding the removal of citizenship." The conditions for the acquisition and loss of citizenship are regulated by the "Turkish Citizenship Law" numbered 5901, which is also stated in the article. The conditions for acquiring citizenship will be examined in detail below.
The Turkish Citizenship Law No. 5901 divides the acquisition of citizenship into two main headings: acquisition by birth and later acquisition. The distinction made in the abrogated Citizenship Law No. 403 was criticized by the doctrine, and a more accurate distinction was made by taking this criticism into account while the new law was being drafted. It is possible to acquire citizenship in three ways: the decision of the competent authority, the way of adoption and the exercise of the right to choose. In addition to these, the law specifically regulates the acquisition of Turkish citizenship by the citizens of the Turkish Republic of Northern Cyprus and those who lost their citizenship according to the abolished law no 403.
Acquisition of Turkish Citizenship by Effective Authority Decision:
Foreigners can acquire Turkish citizenship if they meet the necessary conditions. These terms are TVK. It is listed in Article 11: (1) For foreigners who want to acquire Turkish citizenship;
a) To be mature and capable of distinguishing according to his own national law or, if stateless, according to Turkish laws,
b) To reside in Türkiye for five consecutive years, backwards from the date of application,
c) Confirming with his/her behavior that he/she has decided to settle in Türkiye,
ç) Not to have a disease that poses a danger to general health,
d) To have good morals,
e) Being able to speak Turkish enough,
f) To have an income or profession that will provide for himself and his dependents in Turkey,
g) Not to be in a situation that would constitute an obstacle in terms of national security and public order,
conditions are sought.
(2) In addition to the conditions listed above, foreigners who want to acquire Turkish citizenship may also be required to renounce their state citizenship. The determination of the principles regarding the use of this discretion is under the authority of the Council of Ministers.
Exceptional Circumstances in Acquiring Turkish Citizenship
Unlike the abrogated Law No. 403, it is stated in the TVK that the following persons can acquire Turkish citizenship "with the proposal of the Ministry and the decision of the Council of Ministers, provided that there is no obstacle in terms of national security and public order".
a) Persons who have brought industrial facilities to Turkey or who have passed or are expected to pass extraordinary service in scientific, technological, economic, social, sports, cultural and artistic fields and for whom a justified offer has been made by the relevant ministries.
b) Persons deemed necessary to be naturalized. This provision, which is also included in Law No. 403, has been criticized on the ground that it is not clear in the doctrine in terms of the principle that administrative decisions are subject to judicial review.
c) Persons considered as immigrants. In Article 3 of the Settlement Law No. 5543, immigrants are defined as "those of Turkish descent and Turkish culture, who come to Turkey alone or collectively to settle and are accepted in accordance with this Law".
The competent authority for the general acquisition of Turkish citizenship is the Ministry of Interior (TVK art.19).
Procedure and Application Methods for Acquiring Citizenship by the Decision of the Competent Authority
The procedure for acquiring citizenship by the decision of the competent authority is regulated in Articles 18, 19 and 37 of Law No. 5901. In general, applications are made to the governorship of the place of residence in the country, and to foreign representations abroad, in accordance with Article 37. The application can be made in person or by special power of attorney. In the law, the citizenship application review commission is foreseen for the acquisition of citizenship through marriage and for the acquisition by exceptional means. Accordingly, foreigners who want to acquire citizenship within the scope of Articles 11 and 16 should first apply to these commissions in the provinces to determine whether they meet the requirements for application. The aim here is to reduce the workload by ensuring that the examinations are done from the beginning, and to prevent time loss.
If the first authority (commission, governorship or foreign representative office) determines that the conditions are met, it prepares a citizenship file on behalf of the foreigner and sends it to the ministry for a decision. The Ministry, depending on the situation, is the decision authority specified in the relevant article, making a decision as a result of the examination and research.
Decisions regarding the acquisition of Turkish citizenship take effect from the date of the decision. The spouse does not benefit from this acquisition, but the children under custody can benefit from the acquisition of citizenship with the consent of the spouse. If the children of the mother or father, who were not processed with them on the date of acquisition of Turkish citizenship, apply to acquire Turkish citizenship after they reach adulthood, the conditions for acquiring citizenship are sought by the decision of the general competent authority in Article 11 of the TVK.
