Turkish Citizenship Through Immigration
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The New Citizenship Law has included immigrant persons, who are not included in Law No. 403, among the foreigners who can acquire Turkish citizenship under exceptional circumstances, with the expression 'persons accepted as immigrants'. Article 3 of the regulation on the implementation of the Citizenship Law No. 5901 expresses the scope of the implementation of the said regulation, and is very important to understand who is meant by the expression "Immigrant" in our Law. In clause G here; "Immigrant: A person of Turkish descent and Turkish culture who comes to Turkey alone or in groups for the purpose of settlement and is accepted as an immigrant in accordance with the Settlement Law No. 5543." Other Immigration statuses are also mentioned in the following:
e) Free immigration: Those who are of Turkish descent and are committed to Turkish culture, come to Turkey alone or in groups for settlement purposes and are accepted into the country on the condition that they do not want to be settled by the State.
f) Immigration with settlement: People who are of Turkish descent and are affiliated with Turkish culture, brought from abroad by special laws and settled by giving immovable property in accordance with the provisions of these Laws.
g) Individual immigration: People who are of Turkish ancestry and are affiliated with Turkish culture and come to our country as a family for the purpose of settling.
g) Mass immigration: Families of Turkish ancestry and Turkish culture who come to our country collectively for the purpose of settling, according to an agreement made between the two countries.
In the following article 20 of the regulation, the necessary documents and procedures for the exceptional acquisition of Turkish citizenship are mentioned, and in the 21st article, the subject comes to Immigration Procedures.

ARTICLE 21 – (1) Citizenship files of persons accepted as immigrants in accordance with the Settlement Law No. 5543 are prepared by the provincial public works and settlement directorate and sent to the relevant Ministry. The file of the foreign person 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. A person can acquire Turkish citizenship by the decision of the Council of Ministers.
(2) The provisions of Article 37 apply to foreign spouses and children who cannot acquire Turkish citizenship as immigrants. (For detailed information on this subject, see Article 37: Consequences of subsequent acquisition of Turkish citizenship for spouse and children.)
Which foreign nationals will be given "immigrant" status is regulated in the Settlement Law No. 5543 in 2006. The Settlement Law also regulates the conditions and procedures for immigrant persons to acquire Turkish citizenship.

Who is called "Turkish Noble"?
In various legal regulations in Turkish law, concepts such as "persons of Turkish ancestry", "those of Turkish ancestry", "foreigners of Turkish ancestry" are encountered. However, "being of Turkish descent" or "Turkish nobility" is not defined in the legislation, and there are no clear statements on the basis on which "Turkish nobility" will be determined. For this reason, the competent authorities decide who is of Turkish descent.
Although citizenship expresses the legal bond between a person and a state; concepts such as nationality and descent; Technically non-legal, covering elements such as race, religion, language and culture; are sociological concepts. For this reason, there is no definitive criterion that can be applied in determining Turkish nobility. “Being of Turkish descent” is a sociological phenomenon. In determining this case, many factors such as the person's name and surname, language, country of birth, region of residence, significant documents and population records are used.
Turkish descent is necessary to benefit from Law No. 2527, but it is not sufficient on its own. Since accepting immigrants has both political and economic aspects, the competent authorities must decide who will be considered Turkish noble. Since being of Turkish descent is a sociological phenomenon, it is not right to give a definition on this subject. In the doctrine, a number of definitions are given for the concept of foreigner of Turkish origin; However, in these definitions, there is no clarity on the basis on which the status of "being of Turkish nobility" will be determined.

 

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