How to Acquire Turkish Citizenship with 5 Years Residence in Turkey?

Acquiring Turkish citizenship with 5 years of residence in Turkey is one of the basic conditions for acquiring Turkish citizenship in general with the decision of the competent authority. Residence in Turkey for 5 years means a long-term residence permit.

In this article prepared by our lawyers specialised in foreigners’ law and residence in Turkey, you can find comprehensive information about the acquisition of Turkish citizenship by residing in Turkey for 5 years.

Acquisition of Turkish Citizenship

According to the explanation in the Turkish Citizenship Law No. 5901, Turkish citizenship is acquired in 2 different ways: acquisition by birth and subsequent acquisition.

Turkish citizenship acquired by birth is acquired automatically on the basis of lineage or place of birth. Citizenship acquired by birth is effective from birth.

Turkish citizenship acquired later,

1. By decision of the competent authority
2. By adoption
3. With the exercise of the right to choose

It is divided into 3 main headings. In this article, we will examine the way of acquiring citizenship with the condition of residence in Turkey for 5 years with the decision of the competent authority. Thus, we will try to find answers to questions such as ‘I have been living in Turkey for 5 years, can I get citizenship?’, ‘I have been in Turkey for 3 years, what do I need to do to get citizenship?’, ‘I have entered and left the country at intervals, how can I get citizenship’. Nevertheless, it will be beneficial for you to work with an expert lawyer to gain citizenship in Turkey.

How to gain citizenship by staying in Turkey for 5 years?

In order to find out whether the person meets this condition, we need to look at the calculation of the residence periods in Article 15 of the Turkish Citizenship Law.

According to the relevant article, the foreigner in question must reside in Turkey in accordance with Turkish law. In addition, the foreigner must have entered the country duly. This procedure is briefly as follows:

1. To have entered through border gates
2. Presenting a passport or passport substitute at the border crossing
3. If there is a visa requirement, to have a visa
4. Not to be a person who is not allowed to enter the country

As stated above, the person must have duly entered the country and reside in Turkey in accordance with Turkish law. In addition, the foreigner applying for acquisition of Turkish citizenship may stay outside Turkey for a total period not exceeding 12 months within the residence period required for the application. The periods spent outside Turkey shall be considered within the residence periods stipulated in this Law.

Article 11 of the Turkish Citizenship Law No. 5910 stipulates that the 5-year residence requirement alone is not sufficient for the acquisition of Turkish citizenship. If the person wants to acquire Turkish citizenship based on this condition, he/she must also meet the other conditions specified in the article. It is necessary to pay attention to this issue when making an application.

How to Apply for Citizenship with 5 Years Residence Requirement in Turkey?

In order to learn how to apply for Turkish citizenship with the condition of 5 years of uninterrupted residence in Turkey, we need to examine the application procedure in the acquisition of Turkish citizenship in general.

The application authority in case of acquisition of Turkish citizenship in general;

• In the country, the governorship of the place of residence
• Abroad, foreign representative offices.

The application authority is the same for all cases of acquisition of Turkish citizenship. However, there are procedural differences.

Firstly, the application authority examines whether the application is duly made. If there is an application that is not in accordance with the procedure, it returns it to the person concerned. If it is a proper application, it sends this application to the ‘Citizenship Application Review Commission’.

In general, the determination of whether foreigners who wish to acquire Turkish citizenship fulfil the necessary conditions for the application is made by the ‘Citizenship Application Review Commission’ established in the provinces.

The Commission returns the file to the relevant person if the conditions are not fulfilled. If there are deficiencies, the relevant person completes these deficiencies and sends it to the commission again. The Commission is not authorised to decide on the merits of the application. This authority belongs to the Ministry of Interior.

The file is sent to the Ministry of Interior for a decision. Those who are found eligible as a result of the examination and research to be carried out by the Ministry will be able to acquire Turkish citizenship with the decision of the Ministry. Otherwise, their applications are rejected.

What are the documents required for the acquisition of Turkish citizenship in general?

1. Form petition stating the request.
2. Passport or similar document showing which state the person is a citizen of, and if it is possible to obtain it if he/she is stateless, the relevant document.
3. Two biometric photographs.
4. A document such as a birth certificate or civil registry sample showing the identity information of the person and, if married, a civil registry sample or similar document proving the family ties of the spouse and children.
5. Marital status certificate and marriage certificate if married, document proving divorce if divorced, and death certificate of the spouse if widowed.
6. If the applicant has first or second degree relatives who are Turkish citizens, a copy of the civil registration taken from the system by the application authorities.
7. A health report, the procedures and principles of which are determined by the Ministry of Health, stating that the person does not have a disease that would pose a danger to general health.
8. A work permit, tax certificate, letter of undertaking or similar document proving the income or occupation of the person who provides for himself/herself and his/her dependents in Turkey.
9. A document from the provincial security directorate showing the dates of entry and exit to and from the country that he/she has resided in Turkey for five years without interruption retrospectively from the date of application.
10. A residence permit for a period sufficient to finalise the citizenship procedures going forward from the date of application.
11. If there is a finalised court decision for any crime, a certified copy.
12. If there is no month and day of the person’s date of birth, a document obtained from the competent authorities of his/her country to complete the date of birth, and if the document cannot be obtained, a signed statement that he/she accepts to be processed in accordance with Article 39 of the Population Services Law No. 5490.
13. Receipt showing that the service fee has been deposited to the Treasury.

The application form and requested documents can be viewed in detail on the page of the General Directorate of Population and Citizenship Affairs.

An investigation is requested from the provincial police directorate about the foreigner whose file is completed.

The file of the foreigner whose investigation is completed is returned to the provincial directorate. The file is sent to the commission by the provincial directorate.

What are the Procedures and Principles to be Applied by the Commission?

The foreigner who wants to acquire Turkish citizenship in this way is subject to an interview by the commission. The points to be considered in the interview are as follows:

Person,

a) Whether it meets the conditions sought in the application,

b) Ancestry status, (determined as Turkish ancestry, foreign ancestry or unidentified ancestry)

c) Turkish speaking proficiency,

ç) How he/she earns his/her living,

d) whether the applicant has adapted to the social life in Turkey.

The Commission also checks whether the documents required for the application are available.

If it is determined by a doctor’s report, the interviews of those who cannot speak or hear shall be conducted through those who understand their signs or in writing if they can read and write.

As a result of the examination and research carried out by the Commission, the file of the foreigner who does not meet the required conditions is not sent to the Ministry and the necessary notification is made to the person concerned by the provincial directorate.

As a result of the examination and research carried out by the Commission, the file of the foreigner who is found to have the required conditions is sent to the Ministry by the provincial directorate for a decision.

What are the provisions and consequences of acquiring Turkish citizenship with the condition of 5 years residence in Turkey?

This acquisition does not affect the citizenship of the spouse (even if stateless).

Children of the mother and father who acquire Turkish citizenship together also acquire Turkish citizenship.

The children of the mother or father, whose custody is in their custody, acquire Turkish citizenship if the other spouse gives consent. If the consent is not given, the procedure is carried out according to the decision of the judge in the place where the mother or father is located.

If one of the parents is deceased, the child acquires Turkish citizenship depending on the mother or father who acquired Turkish citizenship.

Children whose parents did not acquire Turkish citizenship at the time of acquisition of Turkish citizenship may acquire Turkish citizenship by applying to the way of acquisition of Turkish citizenship in general as set out in Article 11 after they reach puberty.

The decision regarding the acquisition of Turkish citizenship shall take effect as of the date of the decision.

Objection and Cancellation Case Against the Decision of Rejection of Citizenship Application

The State’s reserved power on citizenship is not an arbitrary power. This reserved power is limited to the public interest.

Objecting to the rejection decision of the administration or filing an action for annulment against the decision constitutes the subject matter of the Administrative Judiciary. If the applicant does not think that the rejection decision given to his/her application is appropriate, he/she may exercise his/her right to appeal against this rejection decision or to file an action for annulment.

The person may file an action for annulment before the Administrative Court of the place that rejected the application within 60 days. This period starts from the day following the day the decision is notified to the person.

The person may also appeal to the administration that issued the rejection decision within 60 days. In this case, the time period for the cancellation lawsuit stops and the 30-day period starts for the administration to respond. If the administration explicitly rejects the objection or does not give a penalty within 30 days, the person can file an action for cancellation by complying with the 60-day period.

Why Us?

Güneş & Güneş Law Office is a reputable law firm that stands out with the services it offers with its team of lawyers specialised in foreigners’ law and citizenship issues in the process of foreigners acquiring Turkish citizenship. This process involves complex legal procedures and documents that need to be meticulously managed. Güneş & Güneş Law Office provides guidance in the legal difficulties faced by foreigners who have acquired the right to apply for Turkish citizenship by residing in Turkey for 5 years. The Firm provides reliable support to its clients at every stage of the citizenship application process, with accurate and complete document preparation, proper application, and command of the examination processes at the commission and ministry stages. Not only that, we manage all legal processes with lawyers who are experts in citizenship in solving the problems encountered and in possible cancellation and objection cases that may be opened later.

Güneş & Güneş Law Office plays a major role in guiding clients correctly to fulfil the conditions specified in the Turkish Citizenship Law, preparing documents and filing objection or cancellation lawsuits against possible problems in the application process. The Office also provides successful results to its clients in managing the appeal processes against administrative rejection decisions. This legal support is critical in protecting clients’ rights at every stage of the application and ensuring the successful completion of the process. For all these reasons, we will be happy to provide you with legal support on the acquisition of citizenship and other foreigners’ law issues with the condition of residence in Turkey for 5 years with our expert team of lawyers and experience in 4 languages as Russian, German, English and Turkish.

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