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Nationality Law No. 5901 of Turkey (2009) – 3: Loss of Turkish Citizenship

Loss of Turkish Citizenship
Article 23-(1) Turkish citizenship shall be lost by the decision of the competent authority or by using right of choice.

Ways of Loss of Turkish Citizenship by decision of competent authorities
Article 24 (1) Loss of Turkish citizenship by the decision of the competent authority shall happen by renunciation, revocation and cancellation of the citizenship.

Renunciation of Turkish Citizenship
Article 25(1) Persons, who request permission to renounce Turkish citizenship shall be given renunciation permit or renunciation document by the Ministry, provided that they fulfill the following conditions;

a. Shall be of the age of consent possessing the distinguishing power
b. must have acquired the citizenship of a foreign State or have convincing evidences which are showing that the person is likely to acquire the citizenship of a foreign State. c. shall not be a person searched as a perpetrator of a crime or as a draft evader.
d. shall not have any financial or penal limitation.

Documents for renunciation of Turkish citizenship
Article 26-(1) Among the persons who request permission for renunciation of Turkish citizenship in order to acquire the citizenship of an foreign State, those whose claims are deemed appropriate shall be issued Turkish citizenship renunciation permit by the Ministry. Those who document that they had acquired citizenship of a foreign state after or before the permission was given, shall be issued a Turkish citizenship renunciation document by the Ministry.

(2) Citizenship renunciation permit shall be valid for a term of two years from the date of the decision. Those who obtained citizenship renunciation permission shall forward the information and documents showing their acquisition of citizenship of a foreign state to the Governorate of the province where he/she resides or to the diplomatic missions of Turkey if she/he is abroad. In case a person cannot acquire the citizenship of a foreign state before the citizenship renunciation permit expires, the permit becomes invalid.

Validity and consequences of renunciation of Turkish Citizenship
Article 27-(1) After the renunciation document is submitted upon signature of the document to the relevant person, he/she loses Turkish citizenship. Records in civil registry office of those who lose Turkish citizenship are closed and shall be treated as alien from the date of loss.

(2) Loss of Turkish Citizenship of one of the spouses by obtaining renunciation permission shall not affect the other spouse’s citizenship. In case of a demand by the mother or father who lost Turkish citizenship and the other spouse gives consent, their children also loses citizenship. In case of the disagreement of the spouse, action shall be taken upon the decision of the judge. Children of mother and father who lose Turkish citizenship together by taking renunciation permit shall also lose Turkish citizenship.

(3) If the loss of citizenship would render the children stateless, the provisions of this Article shall not be applied.

Rights accorded to those who lost Turkish citizenship by obtaining renunciation permit
Article 28-(1) Provided that the provisions concerning national security and public order are reserved; the Turkish citizens by birth and lost citizenship by obtaining renunciation permit and their children are ensured to hold the right to benefit from the same rights accorded to Turkish citizens, except for the military service obligation, the right to vote and be elected, the right to be employed in public services, right to import exempted vehicles and household goods; provided that their acquired rights of social insurance are reserved and they shall be subject to the provisions of the relevant laws applied while enjoying those rights.

Revocation of Turkish Citizenship
Article 29- (1) Those persons who are determined to be involved in the acts written below by the official authorities, may lose Turkish citizenship upon proposal of the Ministry and the decision of the Council of Ministers.

a. Those persons who render services for an alien State which is contradicting with the interests of the Turkish state and who do not voluntarily terminate the services within a reasonable period not less than three months, despite a notification issued by Diplomatic Representations abroad or by local administrative authorities within Turkey.

b. Those persons who render any kind of service voluntarily for the State in war with Turkey without the permission of Council of Ministers.

c. Those persons rendering military service voluntarily for an alien State without obtaining permission.

Validity and consequences of renunciation of Turkish Citizenship
Article 30- (1) Renunciation of Turkish citizenship shall be in effect at the date when the Council of Minister’s decision is published in the Official Gazette.

(2) Decisions of renunciation are individual; it shall not affect the spouse and children of the concerned person.

Annulment of Turkish Citizenship
Article 31-(1) The decision of acquisition of Turkish citizenship shall be annulled by the decision making authority if the concerned person acquires citizenship by hiding the key issues, which form a basis for acquisition of Turkish citizenship or by misrepresentation.

Validity and consequences of the decision of annulment
Article 32-(1) Decision of annulment shall be in effect from the date of the decision. Decision of cancellation shall be applied to spouse and children who acquired Turkish citizenship for having links with the concerned person.

Liquidation of Belongings
Article 33- (1) The provisions of the Law No. 5683 and dated 15/7/1950 on the Travel and Residence of Foreigners are applied to the persons whose citizenship is annulled. If liquidation of belongings is deemed necessary, this shall be mentioned in the cancellation decision. Such persons shall liquidate their belongings in Turkey within one year at the latest. Otherwise, their belongings shall be sold off by the Treasury and the proceeds shall be deposited in their name and account in a state bank.

(2) If those persons apply to the judiciary against the decision of cancellation, the procedure to liquidate their belongings shall be suspended until the case is concluded.

Loss of Turkish citizenship by Right of Choice
Article 34-(1) The persons fulfilling the conditions below can renounce Turkish citizenship within three years after they become adults.

a) From among persons who acquire Turkish citizenship by birth because of kinship tie to mother or father; those who acquire the citizenship of an alien mother or a father by birth or afterwards
b) From among persons who are Turkish citizens by kinship tie to (by descent of) mother and father; those who acquire citizenship of an alien state by place of birth

c) Those who acquires Turkish citizenship by adoption
ç) Those persons who acquire citizenship of their alien mother or father afterwards, although s/he acquired Turkish citizenship by place of birth
d) Those who acquire Turkish citizenship, because of (as dependant of) the mother or father who acquired Turkish citizenship somehow.

(2) If the provisions mentioned above would render the person stateless, the right of choice shall not be applied.

Validity and consequences of loss of citizenship by right of choice
Article 35-(1) Loss of Turkish citizenship by right of choice shall be in effect from the date of the decision regarding the determination of the existence of the conditions concerning the using of this right.

(2) The provisions of Article 27 shall be applicable for the spouse and children of those who are renounced Turkish citizenship by right of choice.

Next: Chapter 4 – Common Provisions