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The new Citizenship Law has included immigrants who are not included in the Law No. 403 among foreigners who can acquire Turkish citizenship within the scope of exceptional circumstances with the expression “persons accepted as immigrants”. In the regulation on the implementation of the Citizenship Law No. 5901, 3 articles express the scope of the application of the said regulation, and it is very important to understand who is meant by the term “Immigrant” in our Law. Here in the G clause; “Immigrant: A person of Turkish descent and Turkish culture who came to Turkey alone or collectively to settle down and accepted as an immigrant pursuant to the Settlement Law No. 5543”. Following this, other Immigrant statuses are also mentioned:
Article 20, which is the continuation of the Regulation, mentions the necessary documents and procedures for the exceptional acquisition of Turkish citizenship, and in Article 21, the subject comes to Immigration Procedures.
ARTICLE 21 – (1) Citizenship files of individuals who are accepted as immigrants in accordance with the Settlement Law No. 5543 are prepared by the public works and resettlement directorate of the province and sent to the relevant Ministry. The file of the foreigner sent to the Ministry to acquire Turkish citizenship is examined and a proposal is made to the Council of Ministers for the person to acquire Turkish citizenship. The person can acquire Turkish citizenship with the decision of the Council of Ministers.
(2) For foreign spouses and children who cannot acquire Turkish citizenship as a migrant, the provisions of article 37 are applied. (For detailed information on this issue, see: Article 37: The consequences of later acquisition of Turkish citizenship in terms of spouse and children.)
Which foreign nationals will be granted “immigrant” status is regulated in the Settlement Law No. 5543 in 2006. In the Settlement Law, the conditions and procedure for acquiring Turkish citizenship of immigrants are also regulated.
Who Is Called “Turkish Descent”?
In various legal regulations in Turkish law, concepts such as “persons of Turkish ancestry”, “foreigners of Turkish descent” are encountered. However, the legislation does not define “Turkish ancestry” or “Turkish descent”, there are no clear statements on the basis of which “Turkish descent” will be determined. Therefore, the competent authorities decide who is of Turkish descent.
Although citizenship refers to a legal bond between a person and a state; concepts such as nationality and ancestry; non-legal in technical terms, covering items such as race, religion, language, and culture are sociological concepts. For this reason, there is no precise criterion that can be applied to the determination of the Turkish descent. “Being a Turkish descent” is a sociological phenomenon. In this case determination, many factors such as the person’s name and surname, language, country of birth, region of residence, noteworthy documents and population records are used.
A Turkish descendant is required to benefit from Law no. 2527, but it is not sufficient by itself. Due to the fact that the admission of immigrants has both political and economic aspects, it is necessary for the competent authorities to decide who will be deemed to be of Turkish descent. Since being a Turkish descent is a sociological phenomenon, it is not correct to give a definition on this subject. In the doctrine, some definitions are given for the concept of Turkish descent foreigner. However, in these definitions, there is no clarity on the basis of which “being a Turkish descent” will be determined.
Turkish Citizenship Transactions of Turkish Ancestry Persons …
Exceptionally, VAT-4 application form called Acquisition of Turkish Citizenship is used for Turkish citizenship applications to be made by Turkish ancestry people as immigrants. All documents requested in the application are as follows:
Citizenship files of individuals who are accepted as immigrant after completing their procedures in accordance with the Settlement Law No. 5543 are prepared by the provincial directorate of migration management and sent to the relevant Ministry. The documents of the foreigner whose file is sent to the Ministry to acquire Turkish citizenship are examined and a proposal is made to the Council of Ministers to acquire Turkish citizenship. A person can acquire Turkish citizenship with the decision of the Council of Ministers. In accordance with Article 12 of the Citizenship Law No.5901: Provided that they do not have an obstacle in terms of national security and public order, the following foreigners can acquire Turkish citizenship with the Ministry’s proposal and the decision of the Council of Ministers: d – Persons accepted as immigrants.
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