Germany has largely lifted its strict restrictions on dual citizenship by enacting a new citizenship law as of 2024. This regulation has brought along the opportunity of dual citizenship, especially for immigrants of Turkish origin living in Germany. With the new law, the opportunity to retain Turkish citizenship during the process of transition to German citizenship was offered. In this article, the effects of Germany’s new citizenship law on Turks, application processes, advantages and legal points to be considered will be discussed in detail.
1. Summary of the New Citizenship Law
Germany’s new citizenship law includes comprehensive reforms aimed at facilitating the naturalisation of immigrants. Under the old legislation, most individuals seeking German citizenship had to renounce their existing citizenship. However, the new law adopts a more flexible approach to dual citizenship, allowing immigrants to retain both German and home country citizenship.
2. Dual Citizenship Opportunities for Turkish Citizens
The biggest change for the nearly 3 million people of Turkish origin living in Germany is that they no longer have to lose their Turkish citizenship in order to acquire German citizenship. With the new law, Turkish citizens can become dual citizens in the following cases:
Turks who reside in Germany for a long time will be able to retain their Turkish citizenship when applying for German citizenship.
An important opportunity has arisen for those who do not want to lose their current citizenship but want to have full citizenship rights in Germany.
Individuals of Turkish origin born in Germany will be able to have citizenship rights of both Germany and Turkey.
3. Application Process and Requirements
The new citizenship law contains provisions that accelerate and facilitate the transition to German citizenship. Turkish citizens who wish to apply for dual citizenship must fulfil the following requirements:
– Residence Period: The residence period of 8 years, which was required under the previous law, has been reduced to 5 years with the new law. In addition, this period can be reduced to 3 years in cases where German language skills are sufficient and integration into the society is ensured.
– German Language Skills: People who will apply for citizenship must have German language skills at the B1 level.
– Livelihood Guarantee: Applicants must prove that they are self-supporting. In other words, it is important that they can live their lives independently of social assistance.
– Criminal Record: Applicants for German citizenship must not have a serious criminal record.
4. Advantages of Dual Citizenship
The fact that Germany recognises the right to dual citizenship provides many advantages for Turkish citizens:
Freedom of Travel: People with dual citizenship will be able to travel visa-free in both European Union countries and Turkey. They will also have the opportunity to hold passports of both countries.
Right of Choice: Having full citizenship rights in Germany will provide the opportunity to vote in federal elections and participate in political processes.
Social Rights: With German citizenship, it will be possible to fully benefit from the social security, pension rights and health system offered by Germany.
Benefiting from the Advantages of Two Countries: Dual citizens can benefit from the economic and legal advantages of both Germany and Turkey simultaneously.
5. Legal Process and Considerations
There are some legal points to be considered in the process of transition to German citizenship:
Military Service Status: Turkey requires military service for its male citizens. The military service status of male dual citizens may be subject to different regulations between the two countries. It is important to get legal counselling on this issue.
Tax Status: Being subject to taxation in both Germany and Turkey may arise. Since dual citizenship may bring tax obligations in both countries, it will be useful to get tax counselling.
Documents in Citizenship Application: It is of critical importance that the documents requested during the application process are submitted completely and correctly in order for the process to proceed smoothly.
Passport or similar document showing which state the person is a citizen of, and if the person is stateless, the document and its certified Turkish translation, if it is possible to obtain it
Certificate of marital status – Erweiterte Meldebescheinigung for Germany – (with a notarised Turkish translation translated by a sworn translator registered in the sworn translator list of our Consulate General)
In addition to the marital status certificate, a document regarding the changes in the marital status of the person after losing Turkish citizenship (marriage certificate if married, divorce certificate if divorced, death certificate of the spouse if widowed) and its certified translation
If married, a copy of the civil registration certificate or similar document showing the family ties of the spouse and children and a certified translation
If there has been a change in the identity information of the person after losing Turkish citizenship, the document showing this and its certified translation
Pursuant to Article 14 of the Law (depending on the residence condition), the person who wishes to regain Turkish citizenship, a document from the provincial police directorate showing the entry and exit dates of the person who has been residing in Turkey for three years without interruption and a residence permit for a period sufficient to finalise the citizenship procedures going forward from the date of application.
A biometric photograph taken within the last six months, 50×60 mm in size, on a white background, without pattern and machine-readable as determined by ICAO
Receipt showing that the service fee has been paid. (Citizenship service fee is not charged for the acquisition of Turkish citizenship for children registered in the Blue Card Registry who lost Turkish citizenship together with their parents and for children registered in the Blue Card Registry who were born after the parents renounced Turkish citizenship)
Certificate of Marital Status (Erweiterte Meldebescheinigung) and its Turkish translation certified by a sworn translator. The names of the spouse and children should also be included in the document.
6. Conclusion
Germany’s reform on dual citizenship offers important opportunities for Turkish citizens. With the new law, Turks living in Germany will be able to acquire both German citizenship and retain Turkish citizenship. This will strengthen the ties between the two countries and enable migrants to fully benefit from the rights offered by both countries.
1. Rights of Blue Card Holders and Their Descendants;
As stated above, blue card holders are persons who have lost their Turkish citizenship by obtaining an exit permit. In order to preserve the bond of loyalty between the state and persons who have lost Turkish citizenship by obtaining an exit permit, these persons are allowed to benefit from the rights granted to Turkish citizens, with some exceptions. Article 28 of the Citizenship Law No. 5901 shows what these rights are by specifying the exceptions. According to the aforementioned provision, blue card holders can fully benefit from all other rights granted to Turkish citizens, except for the following rights The right to vote and be elected. The right to perform military service. The right to import vehicles or household goods with exemption. The right to work in the public service. The descendants of the blue card holder up to the third degree can also benefit from these rights granted to blue card holders. However, the descendant who will benefit from these rights must document his/her lineage relation with his/her parent.
2. Reacquisition of Turkish Citizenship by Blue Card Holders
The conditions for the acquisition of Turkish citizenship through the general route are listed in Article 11 of the Turkish Citizenship Law No. 5901 (shortly TVK). Accordingly, foreigners who wish to acquire Turkish citizenship without any special reason must fulfil the following conditions To be an adult and have the power of discernment according to his/her national law, or if he/she is stateless, according to Turkish law. To reside in Turkey for five years without interruption retrospectively to the date of application. Confirm by their behaviour that they have decided to settle in Turkey. Not having a disease that poses a danger to general health. To have good morals. To speak Turkish sufficiently. To have an income or occupation that will ensure the livelihood of himself/herself and his/her dependents in Turkey. Not having any condition that would constitute an obstacle in terms of national security and public order. Article 13 of the same law stipulates that the duration of residence in Turkey shall not be taken into consideration for the re-acquisition of Turkish citizenship by persons who have obtained a blue card by obtaining an exit permit. Therefore, it will not be taken into consideration whether the persons who have a blue card and want to return to Turkish citizenship have lived in Turkey for an uninterrupted period of five years retrospectively from the date of application. However, other specified conditions must also be fulfilled by these persons. In addition, this person will be bound by the procedural procedures specified in the law for the acquisition of citizenship.
3. Reacquisition of Turkish Citizenship by the Children of a Blue Card Holder
Children of blue card holders who are minors at the time of loss of citizenship may renounce Turkish citizenship together with their parents, provided that the conditions set forth in the legislation are met. In a sense, a separate regulation has been introduced in the legislation for these children, who do not have the opportunity to show any will to lose their citizenship, to regain Turkish citizenship. Accordingly, children who have lost Turkish citizenship due to their parents may regain Turkish citizenship by exercising their right to choose within three years from the date they reach puberty. As can be seen, there is no need for other conditions required for the acquisition of citizenship, nor is there any need for the approval of the Ministry. Those who do not exercise their right to choose within three years from the date they become adults can acquire Turkish citizenship through the procedure of acquisition of Turkish citizenship without the requirement of residence, which is available for blue card holders. Therefore, these children are subject to the same rules as blue card holders after the expiry of 3 years from the date they become adults.
4. The Right of Action against the Rejection Decision of Blue Card Holders’ Re-Application for Turkish Citizenship Right to Citizenship
It is the result of the individual being bound to the state by the bond of citizenship. Therefore, the state has the discretion to determine whether this bond will be formed or not, or if it will be formed, under which conditions it will be formed. Although the administration has a discretionary authority when making decisions, it also has various obligations that it must comply with. For detailed information on the subject, you can review our article ‘Objection to Administrative Actions and Cancellation Case’. In summary, the decision to accept or reject the application to be made by the Ministry receiving the citizenship application will be in the nature of an administrative act. In case the application of March card holders who want to return to Turkish citizenship is rejected, they have the right and opportunity to file an action for annulment against the ministry that made the decision.
Why us?
It is important to get legal counselling in this process both to be successful in citizenship applications and to make the best use of the advantages and obligations of dual citizenship. As Güneş & Güneş Law Office, we are at your side in dual citizenship applications and in solving legal problems in this process.
