Türk Vatandaşlığının Genel Olarak Kazanılması

The acquisition of citizenship in Turkey is regulated in the Turkish Citizenship Law No. 5901 and the related regulations. Turkish authorities grant citizenship to foreigners who meet the conditions specified in these regulations.

Acquisition of Turkish citizenship is divided into various categories in the Turkish Citizenship Law No. 5901. The General Naturalization Procedure, which is a type of acquisition of Turkish Citizenship by the decision of the competent authority, is a path preferred by foreigners who have various conditions but do not benefit from special provisions. The General Naturalization Procedure is regulated in the eleventh article of the Turkish Citizenship Law No. 5901.

INTRODUCTION
All states of the world have different conditions for foreigners to acquire citizenship. If these conditions are fulfilled, citizenship is acquired. In some states, the permission of the competent authorities is also sought. Many foreigners apply for citizenship in order to become citizens of Turkey. Foreigners who fulfill the conditions stipulated in the Turkish Citizenship Law can become Turkish citizens upon the approval of the competent authorities. These foreigners, who have to comply with one of the various categories of naturalization under the Turkish Citizenship Law, cannot acquire Turkish citizenship if they do not comply with one of these categories. One of these categories is naturalization in general. General naturalization, which is the usual way of acquiring citizenship with the decision of the competent authority, is a frequently preferred way, and it is also the way of acquiring Turkish citizenship with the most conditions. In our article, after mentioning the systematics of the subsequent acquisition of Turkish citizenship and the general characteristics of the acquisition of Turkish citizenship with the decision of the competent authority, naturalization in general and its conditions will be discussed.

ACQUISITION OF TURKISH CITIZENSHIP IN GENERAL TERMS AND ACQUISITION OF TURKISH CITIZENSHIP WITH THE DECISION OF THE COMPETENT AUTHORITY
The main source for citizenship law is the Turkish Citizenship Law No. 5901 (TCC). The purpose of the Law is explained in Article 1 as “to determine the procedures and principles regarding the execution of works and procedures regarding the acquisition and loss of Turkish citizenship”. The TWC consists of three sections: “Purpose, Scope, Definitions and Execution of Citizenship Services”, “Acquisition of Turkish Citizenship”, “Loss of Turkish Citizenship”, “Common Provisions” and “Miscellaneous Provisions”. (1) Acquisition of Turkish citizenship is categorized into two groups: “by birth” or “subsequently”. (2)

Citizenship acquired by a person after birth or for a reason other than birth is called acquired citizenship or acquired citizenship. (3) It is permanent like primary citizenship. There is no difference in terms of rights and obligations. According to the TCC, acquired Turkish citizenship may be acquired “by decision of the competent authority”, “by adoption” or “by exercising the right to vote”. (4) Acquisition of Turkish citizenship through the general route is the normal way of acquiring citizenship by a decision of the competent authority. It is regulated under the heading “Requirements for application”. In the TVK No. 5901

Nomer, E.: Turkish Citizenship Law, Ankara 2018, 65-66.
Erdem, B.: Turkish Citizenship Law, Ankara 2016, p. 74.
Fişek, H.: Turkish Citizenship Law, Ankara 1959, p. 52.
Erten, F.: “Evaluations on the Provisions of the Draft Turkish Citizenship Law on the Acquisition of Turkish Citizenship”, Ankara Bar Association Journal, 2008, S.4, p. 41.
First of all, after the general principles regarding the acquisition of Turkish citizenship by the decision of the competent authority are regulated in Article 10, (5) Article 11 regulates the general acquisition of Turkish citizenship. (6) The Article lists the conditions that a foreigner must have in order to apply for Turkish citizenship by the decision of the competent authority. These conditions are listed in seven paragraphs. (7) With the amendment numbered 7039, the second paragraph of the Article was repealed. In this paragraph, a condition that the Council of Ministers may seek in the foreigner applying for citizenship was added at its discretion. (8)

Law No. 403 on Turkish Citizenship (Law No. 403 TCC) has a similar provision. (9) Article 6 of the Law, under the heading “naturalization in general”, has a provision parallel to the provision in Article 11 of TCC No. 5901. (10)

Acquisition of citizenship by decision of the competent authority takes place at the request of individuals. The desire of persons to be naturalized and the state’s desire to grant citizenship to persons who lead a certain way of life go hand in hand. Reasons such as long-term residence, birth, etc. constitute evidence of a certain lifestyle. (11) In addition, the fact that the person has close material or moral ties with the state with which he/she will be naturalized is also one of these reasons. (12)

Article 10 of the TCC No. 5901 stipulates that “A foreigner who wishes to acquire Turkish citizenship may acquire Turkish citizenship by the decision of the competent authority if he/she meets the conditions specified in this Law. However, fulfillment of the required conditions shall not confer an absolute right to acquire Turkish citizenship”.
Article 11 of the TWC No. 5901 stipulates that “Foreigners who wish to acquire Turkish citizenship shall;
a) Being an adult and having the power of discernment according to his/her national law or Turkish law if he/she is stateless,
b) To reside in Turkey for an uninterrupted period of five years prior to the date of application,
c) confirming by their behavior that they have decided to settle in Turkey,
ç) Not having a disease that poses a danger to general health,

d) Having good morals,
e) To speak Turkish sufficiently,
f) Have an income or occupation in Turkey that will provide a livelihood for oneself and one’s dependents,
g) Not having any situation that would constitute an obstacle in terms of national security and public order,
conditions are sought.”

Doğan, V.: Turkish Citizenship Law, Ankara 2018, p. 64.
Erdem, p. 92.
Tiryakioğlu, B.: “Acquisition of Citizenship with the Decision of the Competent Authority According to the Draft Turkish Citizenship Law”, Symposium on the Draft Turkish Citizenship Law, 2008, p. 82.
Seviğ, M.: Private Law of States, Istanbul 1983, p.100.
Nomer, p. 75.
Doğan, p. 65.
However, the mutual compatibility of these desires is not sufficient for a person to acquire citizenship, as certain obligations must also be fulfilled. (13) Acquisition of citizenship is an important issue. The existence of a bond of loyalty is clear. It creates significant changes in people’s lives. Moreover, it not only affects the lives of individuals, but also has important international implications. Therefore, it is objectionable to ignore the conditions imposed by States on naturalization. (14) The State has the power to determine its citizens. This is related to the state’s sovereignty and sovereignty over its territory. (15) The discretion of the administration should be evaluated within the limits of its authority. (16) Therefore, the fulfillment of the minimum legal requirements does not mean that citizenship is acquired absolutely. (17) This conclusion is also reached from Article 10 of the TCC No. 5901. Therefore, the existence of discretionary power of the administration is clear. However, the right of discretionary power of the administration is not unlimited and outside the scope of judicial review. (18) It is a right that is subject to the conditions set by the law and the general principles of law and must be exercised “in accordance with the public interest” and “according to objective principles.” (19) However, it should be emphasized that the courts may not conduct an appropriateness review against the decisions of the administration. (20) It would be a correct approach to express the discretionary power of the administration as an assessment of expediency. (21) The competent authority should use its discretionary power with its justification and should not depart from the principle of legality, in other words, it should not reject the requests of individuals on grounds that are not in the law. (22) It is also unacceptable to introduce a condition that is not in the law by regulation. The purpose of the regulation is to clarify the provisions of the law. (23)

Nomer, p. 75.
Nomer, p. 76.
Berki, Ş: “Devletler Hususi Hukukunda Tabiiyet, Yabancıların Kanunlar İhtilafı ve Yargılama Usülünün Tatbiki Prensipleri”, Ankara Üniversitesi Hukuk Fakültesi Dergisi, 1950, C.7, S.1, p.222.
Alan, N: “Türk İdari Yargında Yerindelik ve Takdir Yetkisi Değerlendirmesi”, Türkiye İdari Yargıda Son Gelişmeler Sempozyumu, Ankara 1982, p.10 -12.
Güngör, G: Nationality Law, Ankara 2018, p. 77.
Ekşi, N: “Cases Regarding the Turkish Citizenship Law in the Light of the Decisions of the Council of State”, Istanbul 2008, p. 73.
Nomer, p. 79.
Doğan, p. 61.
Güngör, p. 78.
Atay, E: Administrative Law, Ankara 2006, 399- 406.
Doğan, p. 62.
There are also systems in which naturalization is compulsory for persons who fulfill the conditions required by law. In these systems, the judicial bodies determine whether the conditions required for naturalization are fulfilled in the person. (24)

There is a problem to be addressed at this point. The question of whether the conditions set forth in Article 11 of the TCC are required in other types of acquisition by decision of the competent authority needs to be resolved. (25) We observe that these conditions are also required in other types of acquisition by decision of the competent authority under the TCC No. 403. In exceptional naturalization and re-naturalization, the conditions for naturalization in general are mostly sought. In the Turkish Citizenship Law No. 5901, although Article 11 gives the impression of common application conditions

It is seen that the provisions following the article are independent and have separate conditions. The general regulation on the acquisition of Turkish citizenship by the decision of the competent authority is found in Article 15 of the TCCPR. In the article titled “Acquisition of Turkish citizenship in general”, the general framework for all articles is drawn. (26)
Compared to other forms of acquisition, the most requirements are sought for ordinary acquisition. Persons who have never been a Turkish citizen and who cannot benefit from other special provisions, persons who have acquired TRNC citizenship as regulated in Article 42, and children who are not under the custody of their parents or who have not been treated with them for some reason, the provisions on acquisition of citizenship in general apply to them in order for them to acquire Turkish citizenship after they become adults. (27)

Article 19 (28) of the Turkish Citizenship Law is a general provision and names the Ministry of Interior as the competent authority for decisions to acquire Turkish Citizenship by decision of the competent authority

Doğan, p. 61.
Güngör, p. 85.
Güngör, p. 86.
Güngör, p. 86.
According to Article 19 of the TCC No. 5901, “A citizenship file is prepared on behalf of foreigners who wish to acquire Turkish citizenship with the decision of the competent authority and who meet the necessary conditions for the application and sent to the Ministry for a decision. As a result of the examination and research to be carried out by the Ministry, those whose situation is deemed appropriate may acquire Turkish citizenship with the decision of the Ministry, and the requests of those who are not deemed appropriate shall be rejected by the Ministry.”
(29). (29) Pursuant to Article 20 of the TCC, a person who applies for Turkish citizenship becomes a Turkish citizen as of the date of the decision of the competent authority. This decision is not retroactive. (30)

Article 18 of the TWC regulates Citizenship Application Commissions. (31) Citizenship Application Commissions established separately in each province will examine whether the conditions required by the Law are met. The reports prepared are sent to the Ministry of Interior. The persons who will constitute the Commission and its working method shall be determined by regulation. (32)

In the part of my article so far, we have touched upon the systematics of Acquiring Turkish Citizenship, Acquiring Turkish Citizenship Subsequently and the general features of Acquiring Turkish Citizenship with the Decision of the Competent Authority. In the continuation of the article, naturalization in general and its conditions regulated in the eleventh article of the TWC No. 5901 will be discussed.

THE CONDITION OF BEING ADULT AND HAVING THE POWER TO DISTINGUISH
In order to acquire Turkish citizenship in a general way, the person must first be an adult (legal age) and have the power of discernment. A person who has the power of appeal can have rights and obligations with his/her own actions. (33) According to the TVK and the Regulation on the Implementation of the TVK No. 5901 (TVKUY), whether a person is an adult and has the power of discernment is determined according to his/her national law. If he/she is stateless, he/she is subject to Turkish law. (34)

Güngör, p.86.
Nomer, p.79
Article 18 of the TWC No. 5901 reads as follows: “The determination of whether foreigners who wish to acquire Turkish citizenship pursuant to Articles 11 and 16 fulfill the conditions required for the application is made by the citizenship application examination commission established in the provinces. The composition and working principles of the commission shall be determined by regulation.”
Erdem, p. 97-98.
Erdem, p. 98.
Güngör, p. 87.
In Turkish Law, in accordance with the Civil Code, persons are categorized as fully competent, incompetent, limited competent and unlimited incompetent in terms of exercising rights. (35)

It is not possible for full incompetents and those who do not have the power of discernment to apply for acquisition of Turkish citizenship. (36) Foreigners who are not restricted, who are adults and have the power of discernment may apply for acquisition of Turkish citizenship themselves. Limited incapacitated persons, i.e. minors and restricted persons who have the power of discernment (37) must obtain permission from the guardianship authority and the supervisory authority in order to apply for citizenship.(38) Persons to whom a legal advisor has been appointed can make their applications themselves (39) without obtaining the permission of their legal advisors, just like those with full capacity.(40)

This provision of the TPL differs from the International Code of Private International Law and Procedure (41). This is because, the IPPL does not bind Turkish law to the determination of whether stateless persons are adults and have the capacity to distinguish. (42) Article 4 of the IPPL stipulates that stateless persons and refugees shall have their domicile, or if there is no domicile, their habitual residence, and if there is no domicile, their habitual residence, and if there is no habitual residence, then the lawsuit

Akıntürk, T. – Ateş Karaman, D.: Dersleri Medeni Hukuk Dersleri, Ankara 2009, p. 128 – 135.
Nomer, p. 81.
Article 16 of the Civil Code reads as follows: “Minors and restricted persons who have the power of discernment may not incur debts by their own actions without the consent of their legal representatives. This consent is not required for gratuitous acquisition and the exercise of rights strictly attached to the person.”
Article 463/2 of the Civil Code is regulated as “Naturalization or renaturalization of the person under guardianship”.
Article 429 of the Civil Code is regulated as “A legal advisor is appointed to an adult person who is deemed necessary to limit his/her capacity to act for his/her protection, although there is no sufficient reason for his/her restriction, to be consulted in the following matters:
Filing a lawsuit and making a settlement,
Purchase, sale, pledge and other real rights on immovable property,
Purchase, sale and pledging of negotiable instruments,
Construction works outside the boundaries of ordinary administration,
Lending and receiving,
Don’t take the principal,
Forgiveness
Foreign exchange commitments,
Becoming a surety.
Under the same conditions, the authority to manage a person’s assets may be revoked, without prejudice to the right to dispose of their income as they wish.”

Nomer, p. 81.
Article 4/a of the Law on Private International Law and Procedure is regulated as “For stateless persons and refugees, the law of the place of residence, or in the absence thereof, the law of the habitual residence, or in the absence thereof, the law of the country where the person is located at the date of the lawsuit”.
Nomer, E.: Private Law of States, Istanbul 2011, p. 287.
the law of the country where it is located on the date of the lawsuit shall apply. (43) Therefore, since the domicile of a stateless person who has resided in Turkey for five years with the intention of settling in Turkey is Turkey, Turkish law shall apply to him. The determination of whether he/she is an adult and has the capacity to distinguish will be resolved in accordance with the Turkish Civil Code. The provisions regarding this situation are found under Articles 10 and 13 of the TCC. It can be said that persons who have reached the age of eighteen or who comply with the special regulations for marriage and minors who have reached the age of fifteen are considered adults. According to the Civil Code, the power of discernment exists in cases where the person is not deprived of the ability to act rationally due to minority, mental illness, intoxication or any of these reasons.

III. RESIDENCE REQUIREMENT IN TURKEY
According to the TCC, in order to acquire Turkish citizenship through the general procedure, the applicant must reside in Turkey for a period of five years retroactive to the date of application. (44) This is also regulated in the TCCPR. (45) The rationale of the provision is to ensure the adaptation of the applicant foreigner to the country and society to which he/she applies. (46) Different states stipulate different periods, but the five-year period is in line with international law. (47)

The five-year period must be spent in compliance with Turkish law. The foreigner must comply with the Passport Law and the Law on Residence and Travel of Foreigners. The foreigner must have entered Turkey by obtaining a visa in accordance with the Passport Law and obtained a residence permit, i.e. a residence permit, in accordance with the Law on the Residence and Travel of Foreigners. (48) If a foreigner has entered Turkey by any other means or has not renewed his/her residence permit even though it has expired, his/her stay in Turkey may be in violation of Turkish law. (49) In case of violation of these regulations

Erdem, p. 99.
Article 11.b of the TVK No. 5901 is regulated as “to have resided in Turkey for five years without interruption retrospectively from the date of application”.
Güngör, p. 88.; Article 15/1 -b of the TWCIP is regulated as “To have resided in Turkey for five years without interruption retrospectively from the date of application.”
Erdem, p. 101.
Güngör, p. 89.
Erdem, p. 102.
Doğan, p. 69.
Furthermore, since the applicant will be in breach of Article 15(50) of the TCC, it will not be possible for him/her to acquire Turkish citizenship pursuant to Article 11 of the TCC. (51) The issue of residence permit is also regulated in the TVKUY. (52) It is also stated in Article 16 of the regulation that the application of persons without a residence permit will not be accepted. The residence of an applicant who has a residence permit but does not show an intention to settle in Turkey shall not be deemed as a valid residence. (53) Article 71 of the TWCIP also makes a parallel provision. Accordingly, “Residence in Turkey without a legal residence permit or with a residence permit obtained for purposes such as asylum or asylum applicant, refugee, asylum seeker, education, tourism, accompanying a child in education, treatment, or with an identity card of the personnel of a foreign mission granting diplomatic or consular immunity shall not be considered as valid residence for the acquisition of Turkish citizenship. ” (54) However, the continuation of the article stipulates that residence permits, except for persons who obtain a residence permit for touristic purposes, may be linked to residence for a reason deemed valid afterwards and that the previous periods will be included in the calculation of the duration of residence. (55) Another issue that needs to be addressed here is the situation of foreign students and their parents, who are Turkish citizens or holders of residence rights and who have the purpose of residing in Turkey with them. The issue of whether the period of study of these foreign students will be counted as the period of residence is problematic. This issue is a mystery in the legislation. It is not clearly regulated. In a 2014 case before the Council of State Court, a foreign student who had been residing in Turkey with his Turkish citizen mother for five years applied to become a Turkish citizen.

Article 15 of the TCC No. 5901 states that “Residence for a foreigner is to reside in Turkey in accordance with Turkish law. A foreigner who requests to acquire Turkish citizenship may reside outside Turkey for a total period not exceeding six months within the period of residence required for the application. The periods spent outside Turkey shall be considered within the residence periods stipulated in this Law.”
Erdem, p. 102.
Article 3/1-h of the TFEU reads as follows: “Residence: The presence of the foreigner in Turkey with a legal residence permit”.
Article 16/2-c of the TFEU is regulated as “Residence: The presence of a foreigner in Turkey without a legal residence permit, or with a legal residence permit but without the intention to settle in Turkey, and for purposes such as asylum or asylum applicant, asylum seeker, education, tourism, accompanying a child in education, treatment”.
Article 71/1-ç of the TFEU reads as follows: “Residence in Turkey without a legal residence permit or with a residence permit obtained for purposes such as asylum or asylum applicant, refugee, asylum seeker, education, touristic, accompanying a child in education, treatment, etc. or with the identity card of the personnel of a foreign mission that provides immunity with diplomatic or consular privileges, which is legal but does not show the intention to settle in Turkey, shall not be accepted as valid residence for the acquisition of Turkish citizenship.”
Article 71/1-d of the TWCIP stipulates that “The reasons for residence that are not accepted for the acquisition of Turkish citizenship and the previous periods of residence shall also be taken into account in the event that the person in Turkey is subsequently connected to the residence for a reason deemed valid. This provision does not apply to those who are in Turkey with a residence permit for touristic purposes.”
The Administration rejected the applicant’s application on the grounds that the applicant was a Turkish citizen. (56) The Court’s decision is as follows: “Since the plaintiff’s mother is a Turkish citizen and resides in Turkey, it is clear that there is no obstacle to taking into account the periods during which the plaintiff, who resides with his mother, receives education in the calculation of the residence period, while the periods during which other foreigners who are not in a similar situation with the plaintiff are in Turkey for education purposes will not be taken into account in the calculation of the residence period.” Therefore, the fact that foreigners whose parents are Turkish citizens or who have the right of residence indicating the purpose of settlement in Turkey are in Turkey for the purpose of education does not prevent the time spent in Turkey for the purpose of education from being included in the duration calculation. Another provision of the TVKUY stipulates that the residence permit must remain valid until the completion of the citizenship application procedures. The TFEU and the regulation also stipulate that this period must be uninterrupted. Moreover, this period is calculated retrospectively from the date of application and the five-year period must be completed on the date of application. Within this five-year period, the law allows the foreigner to leave Turkey for a period not exceeding twelve months in total. This twelve-month period was introduced by the amendment numbered 7039. Before this amendment, this period was six months. This twelve-month period does not interrupt the five-year residence period. Moreover, this period is counted within the period of residence in Turkey. (57) This is a regulation in favor of the applicant. The repealed Law No. 403 stipulates that the applicant may spend six months abroad, this period will not interrupt the five-year residence period, but this period cannot be considered within the five-year residence period. (58)

Residence in Turkey does not mean that the foreigner has a domicile or a residence; it is sufficient for the foreigner to reside in Turkey. The purpose of residence is essential. Refugees or a scientist who is in Turkey for scientific research or an entrepreneur who comes to Turkey for a short period of time to establish a business cannot be said to have come to Turkey for the purpose of residence. Therefore, they are not considered valid residents. (59)

10 D, 03.04.2014 T and E2013/5623- K.2014/2100
Güngör, p. 91.
Dal, K.: No. 403 Turkish Citizenship Law, Ankara 1965, p.32; Article 9 of the Regulation on the Implementation of the Turkish Citizenship Law No. 403: “Residence for a foreigner is to reside in Turkey in accordance with Turkish law. If the foreigner is outside Turkey for a period not exceeding six months in total, this does not interrupt the period of residence. However, the time spent outside Turkey shall not be counted from the period of residence”.
Ekşi, N. : Foreigners and International Protection Law, Istanbul 2018, p.165.
Law No. 6458 on Foreigners and International Protection (LFIP) regulates how foreigners should enter and reside in Turkey between Article 5 and Article 49 of the Law. According to Article 19 of the Law, those who wish to stay in Turkey for more than ninety days or who wish to exceed the period granted by visa or visa exemption are required to obtain a residence permit. (60) Residence permit applications are made to consulates. (61) In special cases, it is also possible to apply to governorships. (62)

Temporary and emergency protection (63), which is granted on a mass basis to temporary protection holders, i.e. people who have been forced to leave their country and cannot return to the country they left, provides the right to stay only in Turkey. These persons are issued a temporary protection identity document. Their presence in Turkey cannot be counted as a residence permit, which is a condition for them to apply for citizenship. It also does not grant them the right to transition to a residence permit. (64) Therefore, they cannot apply for Turkish citizenship. (65)

The applicant’s file must include “documents showing the dates of entry into and exit from the country to be obtained from the provincial police directorate that he/she has been residing in Turkey for five years without interruption from the date of application” (66).

Although there is no regulation in the Law in the event that the period of stay abroad exceeds twelve months; in the event that this period exceeds twelve months, the period should be deducted

Article 19 of the LFIP reads as follows: “Foreigners who will stay in Turkey for longer than the period granted by a visa or visa exemption or for more than ninety days must obtain a residence permit. The residence permit loses its validity if it is not used within six months.”
Article 21/1 of the LFIP reads as follows: “The application for a residence permit shall be made to the consulates in the country where the foreigner is a citizen or legally resides.”
Article 22/1 of the LFIP reads as follows: “Residence permit applications may exceptionally be submitted to governorates in the following cases.”
Article 91/1 of the LFIP reads as follows: “Temporary protection may be granted to foreigners who have been forced to leave their country, who are unable to return to the country from which they left, who arrive at or cross our borders en masse in search of urgent and temporary protection.”
Article 25 of the Temporary Protection Regulation states that “Temporary protection identity document provides the right to stay in Turkey. However, this document is not considered equivalent to a residence permit or a document substituting for a residence permit as regulated in the Law, does not grant the right to transition to a long-term residence permit, its duration is not taken into account in the total duration of the residence permit and does not provide the holder with the right to apply for Turkish citizenship.”
Nomer, p. 84.
Article 17/1 of the TWCIP is regulated as “A file consisting of the following documents shall be prepared by the application authority on behalf of the foreigner who wishes to acquire Turkish citizenship and meets the necessary conditions for the application”.
It can be said that it means. The Regulation stipulates that spending more than six months abroad within the period of residence will interrupt the period of residence.(67) Article 16 of the Regulation also stipulates that citizenship applications of persons who have not resided for five years without interruption will not be accepted.(68) Therefore, it should be said that the period spent abroad should not exceed twelve months.

The Regulation regulates that the periods before the interruption shall not be taken into account. (69) This is important for the subsequent application. These dates will be taken into account when calculating the period of residence required for the subsequent application.(70)

There was a special provision regarding the calculation of the residence period if the applicant was of Turkish descent. According to the provisional Article 1/b of the TPL, the period of residence in Turkey for such persons was two years. However, this regulation was applicable for applications made until 31. 12. 2010. (71) Therefore, there is no longer such a special situation.

CONDITION FOR DECIDING TO SETTLE IN TURKEY
The TCC stipulates that the foreigner applying for citizenship must confirm his/her intention to settle in Turkey through his/her behavior. (72) This regulation is in line with international law. This is because the intention to settle is considered by some countries to be a stronger bond than being born in the country. (73) Therefore, the foreigner who wishes to acquire Turkish citizenship must not only reside in Turkey, but must also demonstrate by his/her behavior that he/she has decided to settle in Turkey.

67 Article 71/1- c of the TFEU reads as follows: “If the foreigner spends more than a total of six months outside Turkey within the period of residence, or if he/she stays in Turkey for more than six months without a valid residence permit or without obtaining a residence permit, the period of residence shall cease and the periods of residence before this date shall not be taken into consideration.”

68 Article 16/2 of the TWCIP is regulated as “A preliminary examination shall be conducted by the application authority on the foreigner who wishes to acquire Turkish citizenship”.

69 Article 71/1-c of the TFEU reads as follows: “If the foreigner spends more than six months in total outside Turkey within his/her residence period, or if he/she stays in Turkey for more than six months without a valid residence permit or without obtaining a residence permit, the residence period is interrupted and the residence periods before this date are not taken into consideration.”

70 Güngör, p. 90.

71 Provisional Article 1 of the TPL stipulates that “The residence period stipulated in subparagraph (b) of the first paragraph of Article 11 shall be applied as two years for foreigners of Turkish descent until 31/12/2010.”

72 11.1.c) Confirming with their behavior that they have decided to settle in Turkey,

73 Güngör, p. 93.

As with the residence requirement, the purpose of this provision is to confirm the applicant’s adaptation to Turkish society and his/her determination to maintain this adaptation. Therefore, the foreigner must confirm this adaptation and his/her determination to maintain this adaptation through his/her behavior. (74) The law does not regulate what kind of behavior confirms that the foreigner has decided to settle in Turkey. (75) However, there is a provision in the regulation to determine these behaviors. However, the cases specified in this provision are not limited in number, but are in the form of sampling. The provision of the law states that “the decision to settle in Turkey must be confirmed by acquiring immovable property in Turkey, establishing a business, making an investment, transferring the center of trade and business to Turkey, working in a workplace subject to a work permit, and similar acts, or marrying a Turkish citizen, applying as a family, having a parent, father, sibling or child who has previously acquired Turkish citizenship, or completing their education in Turkey. ” (15/1.c) as evidence that the applicant foreigner intends to settle in Turkey.(76) In other words, these behaviors constitute a presumption that the person who wants to acquire Turkish citizenship intends to live in Turkey.(77) These examples can be multiplied.

Article 16 of the Regulation accepts as a presumption that foreigners who have a residence permit but reside in Turkey for purposes such as asylum, education, tourism, accompanying their children who are studying, treatment, etc. (78) Therefore, it states that the applications of these persons will not be accepted. In this case, the regulation both regulates the fact that the foreigner has completed his/her education in Turkey as a behavior indicating the intention to settle in Turkey and states that their applications will not be accepted. At this point, the law makes contradictory statements. According to Gülin Güngör

Aybay, R: Citizenship Law, Ankara 1982, p.124.
Erdem, p. 103.
Güngör, p. 93.
Doğan, p. 71.
Article 16 of the TCC states that “Marriage to a Turkish citizen does not directly confer Turkish citizenship. However, foreigners who have been married to a Turkish citizen for at least three years and whose marriage continues may apply to acquire Turkish citizenship. The applicants shall have
a) Living in family unity,
b) Not engaging in an activity incompatible with the marriage union,
c) Not having any condition that would constitute an obstacle in terms of national security and public order.”
He argues that “regardless of the type of education received in Turkey, when supported by other factors, depending on the nature of the case, it may appear as behaviors indicating that the applicant has decided to settle.” (79)

NO DANGEROUS DISEASES
Another condition imposed by the TCC for the acceptance of a foreigner’s application to acquire Turkish citizenship through the general route is that the foreigner does not have a disease that would pose a danger to public health. (80) Public health is in the special category of public interest such as national security and public morality. (81) The aim of the provision is not that the applicant does not have a disease, but that he/she does not have a disease that would pose a danger to those with whom he/she would come into contact in society. (82) Aids or tuberculosis would be a good example in this context. Which diseases constitute a danger to public health should be determined according to the developments in medical science at the time of the applicant’s application. (83) According to Bahadır Erdem, Article 11(ç) of the TPC is a provision whose legality in terms of human rights is open to debate. (84) Furthermore, Gülin Güngör questions the benefit to be derived from the purpose of the provision and argues that it is open to debate because the provision requires persons who have lived in Turkey for at least five years in contact with Turkish society not to have a disease that would pose a danger to public health. (85)

In contrast to the Regulation on the Implementation of the Turkish Citizenship Law No. 403, the TWCIP does not include explanatory statements on what constitutes a disease that constitutes a danger to general health. While the TWCIP found it sufficient to use the phrase “a disease that constitutes a danger to general health” (86), the Regulation on the Implementation of Turkish Citizenship Law No. 403 states that “a disease that constitutes a danger to general health is a disease that will pose a danger to the applicant himself/herself, the persons he/she comes into contact with and his/her neighborhood,

Güngör, p. 93.
Article 11/ç of the TCC stipulates that “the child has the citizenship of any state by virtue of his/her parents
document proving that he/she is unable to win.”

Gözler, K – Kaplan, G: Introduction to Administrative Law, Bursa 2012, p. 242.
Erdem, p. 104.
Doğan, V: Turkish Citizenship Law, Ankara 2004, p. 80.
Erdem, p. 104.
Güngör, p. 94.
Article 15/1-ç of TWKUY “Not having a disease that poses a danger to general health”
(87) In contrast, according to the TVKUY, the health status of the person

It was required to be documented by an official medical board report that the person concerned did not have a disease of this nature.” (87) On the other hand, according to the TVKUY, the health status of the person must be documented by a medical report determined by the Ministry of Health.

THE REQUIREMENT OF GOOD MORAL CHARACTER
Another requirement for foreigners applying for acquisition of Turkish citizenship through the general route pursuant to the TCC is that the applicant must have good morals. (11.1.d.) This requirement can be expressed as maintaining a lifestyle in accordance with Turkish customs and traditions and the values of Turkish society. (88) His/her behavior must be welcomed by society. Benefiting oneself and the society in which one lives through one’s art and profession are examples of behaviors that are likely to be exhibited by people with good morals. (89) The Regulation explains what it means to have good morals. According to the TVKUY, a person with good morals is one who “shows that he/she has good morals by behaving with the sense of responsibility required by living together in society, reassures his/her environment with his/her behavior, and does not have bad habits that are not welcomed by the society and contrary to the values of the society.” (90) Based on the explanations of the Regulation, it is quite difficult to identify people with good morals. The concept is extremely vague and variable. A behavior that may be considered good morals in a certain period of time may be perceived as the opposite in the future. In addition, how to determine the Turkish society, which is the decision mechanism in the expression of good morals accepted in terms of Turkish society, creates confusion. Under these circumstances, the most appropriate expression that can be said about good morals would be “a condition that provides the right of discretion of the administration.” (91)

Having good morals is related to the special public interest categories of public morals and public order. It is also stated in the Regulation on the Implementation of the TVK No. 403 that acts such as theft, smuggling, fraud, and forgery are behaviors that a person of good morals would not do.

87 Güngör, p. 94

88 Nomer, p. 85.

89 Doğan, p. 72.

90 Article 15/1 of the TCCPR states that “Residence for a foreigner is to reside in Turkey in accordance with Turkish law. A foreigner who requests to acquire Turkish citizenship may stay outside Turkey for a total period not exceeding six months within the period of residence required for the application. The periods spent outside Turkey shall be considered within the residence periods stipulated in this Law.”

91 Erdem, p. 105.

(92) It is clear that these behaviors are incompatible with the principle of good morals. While mentioning the requirement of good morals, subparagraph ç of Article 16 of the TCCPR should also be mentioned. According to this article, the applications of persons who “are being prosecuted for any offense or who are convicted or detained” (93) are not accepted. (94)

It is the duty of the Provincial Security Directorate to determine whether the person has good morals or not. (95) In addition, persons who have committed crimes against sexual freedom cannot be considered to have good morals even if the consequences of the acts they have committed have been eliminated by amnesty. (96) Because the fact that the convictions and consequences of the acts committed by these persons have been eliminated does not remove the fact that these persons have exhibited these behaviors against public morals.

VII. THE REQUIREMENT OF BEING ABLE TO SPEAK TURKISH SUFFICIENTLY
Pursuant to the TWC, in order for an application for acquisition of citizenship through the general route to be accepted, the applicant must be able to speak Turkish sufficiently. (97) The ability to speak the language of the country of which one wishes to become a citizen is a presumption that one will be able to adapt to the society living in that country. (98) Here, the applicant must have sufficient knowledge of Turkish to be able to understand what is being said and to be able to express oneself. (99) Article 15 of the TWCIP defines the requirement of being able to speak Turkish sufficiently as “being able to speak Turkish sufficiently to adapt to social life”. In contrast, the Regulation on the Implementation of Law No. 403 defines Turkish as “being able to speak Turkish at least sufficiently to make one’s point and to understand what is being said.” (100) Article 19 of the TVCIP stipulates that applicants must be able to speak Turkish at a level sufficient to enable the commission

Article 16/ç of the Regulation on the Implementation of the Turkish Citizenship Law No. 403 states that “Must have good morals. In other words, he/she should not be a person who is harmful to the society and neighborhood where he/she resides, he/she should not have made crimes and acts such as theft, smuggling, forgery, and fraud, which are not recognized by the public, into a habit and profession, and he/she should be a person who works as a useful element for himself/herself, his/her family and the society where he/she resides, both in the country where he/she resides and in Turkey.”
Article 16/ç of the TVKUY is regulated as “who is being tried for any offense or is convicted or detained”.
Güngör, p. 92.
Article 18/1 – b of the TWCIP is regulated as “whether he/she has good morals or not”.
Nomer, p. 85.
Article 11/1-e of the TCC No. 5901 is regulated as “being able to speak Turkish sufficiently”.
Doğan, p. 73.
Güngör, p. 97.
Article 10/e of the TVKUY stipulates that “The applicant must be able to speak Turkish at least enough to make his/her point and understand what is being said. This is documented by the Directorates of National Education.”
(101) The authority given to the Commission is important in terms of evaluating individuals according to their specific situation, as each person’s participation in life is realized at different levels. It is not possible for different generations to participate in society at the same level.(102) Applicants with speech and hearing impairments may have their interviews in writing, provided that they have a doctor’s certificate proving their disability.(103) This condition was frequently violated when the TVK No. 403 was in force. Especially during the naturalization of foreign athletes, this condition was often violated.(104) It is important to pay attention to this condition and not to ignore it in terms of the harmony of foreigners who will acquire citizenship with Turkish society.

VIII. THE REQUIREMENT OF HAVING A LIVELIHOOD OR OCCUPATION
Another condition to be fulfilled by foreigners wishing to be naturalized through the general route is that they “have an income or occupation in Turkey that will enable them and their dependents to make a living.” (105) The Law does not consider it appropriate for persons who do not have an occupation, who do not have an income that will enable them to make a living, to meet the needs of their relatives, such as their children, spouse or parents, and who are dependent on the assistance of others for their livelihood to acquire Turkish citizenship. It is clear that the purpose here is to prevent these persons from becoming a burden on the state. (106) A file containing documents proving that they have an income that will ensure their livelihood or occupation is prepared by the application authorities on behalf of the applicants.(107) The dependents of the foreigner are determined in accordance with the provisions of the Turkish Civil Code.(108)

Article 19/ç of the TVKUY is regulated as “Turkish speaking proficiency”.
Güngör, p. 97.
Article 19 of the TVKUY stipulates that “If it is determined by a doctor’s report, the interviews of those who cannot speak or hear shall be conducted by those who understand their signs or in writing if they can read and write.”
Doğan, p. 73.
Paragraph 11/1-f of the TPL No. 5901 reads as follows: “Having an income or occupation in Turkey that will ensure the subsistence of oneself and one’s dependents.”
Güngör, pp. 97-98.
Paragraph 18/1 of the TVKUY is regulated as “A file consisting of the following documents shall be prepared by the application authority on behalf of the foreigner who wishes to acquire Turkish citizenship and who meets the necessary conditions for the application”.
Erdem, p. 107.
(109) The application of the provisions of the Turkish Civil Code, i.e. Turkish Law, in determining who the foreigner is obliged to support within the scope of this condition is also in accordance with the rules of Private International Law, since the law of the habitual residence of the alimony creditor is applied in Private International Law. (110)

NO DISABILITY FOR NATIONAL SECURITY AND PUBLIC ORDER
The common condition for acquired citizenship is that the applicant does not have a condition that constitutes an obstacle in terms of national security and public order. (Article 16.C, 17, 11, 12, 13, 43 of the TCC) This condition is also regulated in the case of acquisition of Turkish citizenship in a general way in subparagraph g of Article 11 of the TCC.(111) This common condition is also included in the second and third paragraphs of Article 35 of the Regulation. It is also added that archive research may be requested from the Undersecretariat of the National Intelligence Organization and the General Directorate of Security in order to determine any situation that may constitute an obstacle in terms of national security and public order.(112) . With the regulation of subparagraph g in Article 11 of the TCC, it is aimed that the persons to be naturalized as Turkish citizens should not have dangerous characteristics in terms of national security and public order. In fact, the Ministry of Interior has a discretionary power to determine the acquisition of citizenship by foreigners who constitute such objectionable situations.

Therefore, it is not necessary to regulate such a condition in the law. (113) Even if this condition is not explicitly regulated in the law, it should be examined. This is because this condition is not explicitly stated in Law No. 403. However, this condition was also examined under the TCC No. 403. Although this condition was not explicitly regulated in the TWC No. 403, it was also being examined during the period of the aforementioned law, the explicit regulation of this issue in the TWC No. 5901 is a violation of Article 66 of the Constitution.

Doğan, p. 73.
Çelikel, A. – Erdem, B.: Private International Law, Istanbul 2016, p. 293.
Article 11/g of the TCC No. 5901 reads as follows: “Not having any condition that may constitute an obstacle in terms of national security and public order”.
112 Article 35/2 of the TVKUY stipulates that “An archive search is requested from the Undersecretariat of the National Intelligence Organization and the General Directorate of Security in order to determine whether the foreigner does not have a situation that would constitute an obstacle in terms of national security and public order in acquiring Turkish citizenship according to Articles 11, 12, 16 and 17 of the Law.

Nomer, p. 87.
According to Article 66 of the Constitution, “Citizenship is acquired in accordance with the conditions laid down by law and is lost only in cases specified in the law.”

The preamble to the Article explains the conditions that constitute a danger to national security and public order more comprehensively. According to the preamble, “The imposition of this condition prevents those who pose a danger to national security and those who engage in activities against the interests and integrity of the country, those who support such activities, those who are in relations with such persons or organizations, and those who engage in activities that disrupt public order, such as riots, sabotage, espionage, arms and drug trafficking, forgery of documents, from acquiring Turkish citizenship.” The preamble exemplifies the situations that pose a danger to national security and public order. However, it should be noted that the situations in this justification address the situations that pose a danger to national security and public order at a minimum level. (115)

The TVKUY regulates how to investigate situations that pose a threat to national security and public order. According to the Regulation, the Undersecretariat of the National Intelligence Organization and the General Directorate of Security shall determine whether the foreigner has a situation that constitutes an obstacle in terms of national security and public order. If necessary, an archive search is also conducted. Public officials may also conduct an investigation, provided that permission is granted by the Commission. The validity period of the investigation is one year, but a new investigation is conducted if necessary. The procedure of the investigation shall be determined by the relevant institutions and the Ministry.(72; 1, 3, 4) The result of the investigation should be clearly reported.(35.4) However, it should be noted that the results of the investigation should be based on concrete data and abstract evidence should not be used.(116) Because otherwise, investigations based on abstract evidence will lead to subjective and objectionable results. Moreover, the regulation on the implementation of Law No. 403 is in a similar direction. The Regulation stipulates that “the General Directorate of Security shall be asked whether the person is considered objectionable in terms of security within the framework of the principles set out in the Implementation Protocol on the Scope of the Term “objectionable” adopted by the Ministry of Interior.

Erdem, p. 109.
Erdem, p. 109.
Doğan, p. 75.
The General Directorate of Population and Citizenship Affairs shall request the Undersecretariat of the National Intelligence Organization. The information and opinions to be provided from here may be taken as a basis for the finalization of the procedures.”

During the TVK No. 403, a top secret directive was also issued. Foreigners were not naturalized on the basis of this directive even if they fulfilled the conditions stipulated in the law and the regulation. The Council of State has generally upheld decisions based on this directive because it is appropriate not to grant Turkish citizenship to foreigners if their behavior is incompatible with the political, social and legal interests of the state. However, it is also contrary to the principle of legality. This is because the conditions set in the law lose their meaning in practice. In our current law, the administration is authorized to identify and deny citizenship to persons whose behavior conflicts with the political, social and legal interests of the state. (117)

The fifth subparagraph of Article 72 of the Regulation regulates the situations that constitute a danger to national security and public order, and states that persons who exhibit these behaviors cannot acquire Turkish citizenship. According to the article, “he/she has engaged in activities aimed at overthrowing the state order established by the Constitution, has cooperated with or materially supported those engaged in such activities, has engaged in activities against the indivisible integrity of the Republic of Turkey with its country and nation, at home or abroad, in relation to crimes falling within the scope of the Anti-Terror Law No. 3713, has participated in rebellion, espionage and treason, Those who have been found to be involved in arms and drug trafficking, human trafficking, human smuggling and human trafficking, and those who have been sentenced to imprisonment for more than six months, even if it has been postponed, expired, the announcement of the verdict has been postponed, deferred, converted into money or pardoned, except for negligent crimes, will not be able to acquire Turkish citizenship”. (118)

Doğan, p. 75.

5 (5) As a result of the research carried out by the relevant institutions, it is found that he/she has been engaged in activities aimed at overthrowing the state order established by the Constitution, cooperated with or materially supported those engaged in these activities, has been engaged in activities related to crimes against the indivisible integrity of the Republic of Turkey with its country and nation, at home or abroad, within the scope of the Anti-Terror Law No. 3713, Those who are found to have participated in espionage and treason crimes, arms and narcotics smuggling, human smuggling and human trafficking, or to have been in contact with them, and those who have been sentenced to imprisonment for more than six months, even if the sentence has been postponed, expired, suspended, deferred pronouncement of the verdict, converted into money or pardoned, except for negligent crimes, cannot acquire Turkish citizenship.
Another point to be noted is the ambiguity of the concepts of “national security and public order”. Many situations other than those mentioned above may constitute a danger to national security and public order. In this case, as in the previous conditions, it is necessary to talk about the discretionary power of the administration. (119)

However, the administration must justify its decisions on naturalization requests. (120) This is a requirement of the principle of legality. Moreover, otherwise, the exercise of this power by the administration will become a favor granted to individuals by the administration and will lose its characteristic of being a rule of law. Therefore, we cannot say with absolute certainty that foreigners who fulfill the conditions set forth in the law will acquire Turkish citizenship, because although the administration should not use its discretionary power as a favor, the existence of the discretionary power of the administration regarding the acceptance of citizenship applications is present. According to Vahit Doğan, this discretionary power of the administration is incompatible with the principle of legality, because according to Article 66 of the Constitution, citizenship is acquired subject to the conditions stipulated by the law, and this power granted to the administration imposes additional conditions. (121)

One last point to be emphasized here is the harmonization of the provisions of the LFIP and the TVK. According to the LFIP, foreigners must not have any inconvenient conditions in terms of national security and public order in order to enter the country (122) or they must not have any dangerous conditions in terms of national security and public order in order to obtain a visa.(123) The reason why this condition is re-regulated for foreigners who meet the condition of not having dangerous conditions in terms of national security and public order in the LFIP for the acceptance of citizenship applications according to the TWC is that these applicants must maintain these conditions for five years.(124) Otherwise, the conditions sought in the LFIP will have no meaning.

Erdem, p. 108.
Ekşi, N: Decisions of the 10th Chamber of the Council of State on Foreigners and Refugee Law, Istanbul 2012, p. 74.
Doğan p. 75.
Article 9/7 of the LFIP reads as follows: “For reasons of public order or public security, the General Directorate may condition the admission of certain foreigners to the country on prior authorization.”
Article 15.ç of the LFIP is regulated as “Those who carry one of the diseases considered as a threat to public health”.
Doğan, p. 75.
CONCLUSION
The conditions for foreigners to acquire citizenship in Turkey through naturalization in general, i.e. by ordinary naturalization, have been examined in detail above. These conditions are regulated in Article 11 of the Turkish Citizenship Law No. 5901 under the heading of Conditions for Application. These conditions, such as the general conditions of naturalization from the title, are in fact only valid for the way of naturalization of Turkish citizenship in general. Citizenship is acquired if the foreigner who fulfills these conditions is approved by the competent authority to acquire Turkish citizenship. These conditions are listed in eight clauses. Being an adult and having the power of discernment, residing in Turkey for five years without interruption, demonstrating his/her decision to settle in Turkey by his/her behavior, not having a disease that poses a danger in terms of general health, being an individual with good morals, being able to speak Turkish sufficiently, having an income or occupation that will sustain the life of himself/herself and his/her dependent relatives in Turkey, Under the main headings of not having a situation that would constitute an obstacle in terms of national security and public order, Turkish citizenship is accepted for foreigners provided that they meet the conditions in the Regulation on the Implementation of the Turkish Citizenship Law No. 5901 and other relevant laws, but as we have stated, it is within the discretion of the administration whether these persons will be naturalized or not. As we mentioned at the beginning of our article when explaining the systematics of the law, acquisition of Turkish citizenship through citizenship in general is a form of acquisition of Turkish citizenship by the decision of the competent authority. Although the most comprehensive conditions for the acquisition of Turkish citizenship are included in this article, since it is a state of general acquisition, foreigners in many categories regulated in the law, such as those who have never been Turkish citizens, those who do not benefit from special provisions, try to acquire Turkish citizenship in this way. However, this does not mean that everyone can acquire Turkish citizenship through this route, because as mentioned above, foreigners under temporary protection status, for example, do not apply to acquire Turkish citizenship through this route. As a result, as detailed above, foreigners who fulfill the conditions regulated by the Turkish authorities regarding the acquisition of citizenship can acquire Turkish citizenship.

BIBLIOGRAPHY
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Ekşi, N: “Cases on Turkish Citizenship Law in the Light of Council of State Decisions”, Istanbul 2008. Ekşi, N: “Decisions of the 10th Chamber of the Council of State on Foreigners and Refugee Law, Istanbul 2012.

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Erdem, B.: Turkish Citizenship Law, Ankara 2016. Nomer, E.: Turkish Citizenship Law, Ankara 2018. Seviğ, M.: Private Law of States, Istanbul 1The issues regarding the acquisition of citizenship in Turkey are regulated in the Turkish Citizenship Law No. 5901 and the related regulation. Turkish authorities grant citizenship to foreigners who meet the conditions specified in these regulations.

Acquisition of Turkish citizenship is divided into various categories in the Turkish Citizenship Law No. 5901. The Path of Naturalization in General, which is a type of acquisition of Turkish citizenship by the decision of the competent authority, is a path preferred by foreigners who have various conditions but do not benefit from special provisions. The General Naturalization Procedure is regulated in the eleventh article of the Turkish Citizenship Law No. 5901.