Renouncing Turkish Citizenship
Citizenship right is an inviolable and indispensable right that individuals possess from the moment of their birth. This right, which protects individuals in their relationship with society and the state to which they are bound by citizenship, is recognized and protected in the Turkish Constitution.
The 3rd paragraph of Article 66 of our Constitution regulates that citizenship acquired under the conditions specified by the law can only be lost under the conditions specified by the law.
According to the current Turkish Citizenship Law No. 5901, reference is made to the European Convention on Nationality, indicating the adherence to this convention. Article 4 of the European Convention on Nationality states, “No one shall be arbitrarily deprived of his or her nationality,” emphasizing that the loss of citizenship should not be arbitrary.
Furthermore, Article 7 of the same convention lists the justifiable reasons for the loss of citizenship, including “acquiring another nationality voluntarily.” This is considered one of the reasons for the loss of citizenship.
Conditions for Renouncing Turkish Citizenship
The conditions for renouncing Turkish citizenship are regulated in Article 25 of the Turkish Citizenship Law. Individuals who meet these conditions may be granted permission or a certificate of renunciation by the Ministry. The conditions for renouncing Turkish citizenship are as follows:
Being of legal age and sound mind.
Having acquired or showing credible indications of acquiring the citizenship of another country.
Not being wanted for any crime or military service.
Not having any financial or criminal restrictions.
An individual who wishes to renounce Turkish citizenship must meet all of these conditions. If any of these conditions are not met, it is not possible to renounce Turkish citizenship.
Obtaining Documents for Renouncing Turkish Citizenship
The documents to be given to those who wish to renounce Turkish citizenship by acquiring the citizenship of another country vary depending on the individual’s situation. This matter is regulated in Article 26 of the Turkish Citizenship Law. The article defines two different documents: the Renunciation Permit Document and the Renunciation Document.
The Renunciation Permit Document is given by the Ministry to those who request permission to renounce Turkish citizenship in order to acquire the citizenship of another country. The validity period is two years from the date of the decision.
sDuring this period, information and documents proving the acquisition of citizenship of another country must be provided to the relevant provincial authority or, if abroad, to the diplomatic missions, consulate generals, or consulates. Failure to do so will render the Renunciation Permit Document invalid.
The Renunciation Document is given to individuals who can prove that they have acquired or will definitely acquire the citizenship of another country as a result of obtaining the renunciation permit. As mentioned above, it is essential for the person renouncing citizenship to have acquired or definitely demonstrated the acquisition of another country’s citizenship.
In summary, an individual will initially receive a Renunciation Permit Document if they are eligible, and if the conditions for renunciation are met within the following two years, a Renunciation Document will be issued. To obtain the Renunciation Document, it must be demonstrated that the citizenship of another country has been acquired or will definitely be acquired.
Validity and Consequences of Renouncing Turkish Citizenship
According to Article 27 of the Turkish Citizenship Law, the individual who fulfills the necessary conditions to renounce Turkish citizenship will be given a Renunciation Document in exchange for their signature. With the delivery of this document, the person loses Turkish citizenship, their registration in the population records is closed, and they are subject to foreign treatment from the date of this loss.
If a person renouncing Turkish citizenship is married, the renunciation will not affect their spouse’s citizenship unless the renouncing individual is the parent. In such cases, if the parent who renounces citizenship requests it and the other parent agrees, the children will also lose their Turkish citizenship along with their parents.
If the other parent does not give consent, the citizenship status of the children will be determined by a court decision.
If renouncing citizenship would leave the children stateless, the aforementioned provisions will not be applied, and permission to renounce citizenship will not be granted for the children.
Conclusion
Renouncing citizenship is a way for an individual to lose citizenship through an authorized decision, but fulfilling the specified conditions does not guarantee an absolute right to renounce citizenship.
As mentioned above, the interested party must apply to the relevant authority for a renunciation permit, and the Ministry may grant permission to renounce Turkish citizenship if the conditions stipulated by the law are met.
The Ministry is not obligated to grant permission, but it must not act arbitrarily and must establish reasoned administrative procedures. Therefore, if the required conditions are met and there are no other unlawful circumstances, the applicant may be granted permission to renounce citizenship.
In cases where renunciation applications are rejected by the administration, individuals have the right to file an annulment lawsuit against the administrative decision.
Finally, it is possible for individuals who have lost Turkish citizenship by fulfilling the necessary conditions, as explained in this article, to regain Turkish citizenship later. For detailed information on this matter, please refer to our article titled “Regaining Turkish Citizenship for Blue Card Holders.”
Where Should I Apply to Renounce Turkish Citizenship?
An individual who wishes to renounce Turkish citizenship must personally apply to the Provincial Population and Citizenship Directorates. If the person wishing to renounce Turkish citizenship is abroad, they can apply to the Turkish diplomatic missions or consulates in their country of residence.
I Obtained a Renunciation Permit Document. Later, I Acquired Foreign Citizenship. Does This Mean I Have Automatically Lost Turkish Citizenship?
After obtaining a renunciation permit document, acquiring foreign citizenship does not automatically mean that an individual has lost Turkish citizenship. To prove the acquisition of foreign citizenship after applying for a renunciation permit, the document indicating the acquisition of foreign citizenship must be presented to the relevant authority (Provincial Population and Citizenship Directorates within Turkey). Only then, upon signing the Renunciation Document, will the person be considered to have renounced Turkish citizenship.
Can I Still Benefit from the Rights Granted to Turkish Citizens After Renouncing Turkish Citizenship?
Individuals who were born Turkish citizens but renounced their citizenship by obtaining a renunciation permit and meet certain exceptions can still benefit from the rights granted to Turkish citizens, with a few exceptions.
These individuals are known as “Blue Card holders.” Notable differences between Blue Card holders and Turkish citizens include the absence of the right to vote and be elected, as well as the exemption from military obligations. Additionally, they are not allowed to hold permanent positions in public service, but they may work in positions such as employees, temporary or contractual personnel in public institutions.
However, they may not enjoy the privileges of importing vehicles or household goods duty-free. To be eligible for these rights, Blue Card holders must present the Blue Card, which is explained in detail in our article titled “Regaining Turkish Citizenship for Blue Card Holders.”
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