Significance and background of Naturalization for Turkish citizens
The history of the integration of Turkish citizens in Germany goes back several decades. This shared history has created a connection. It is important to know this shared history and the important role that Turkish citizens play in Germany. This helps us to understand why dual citizenship in Turkey plays such an important role for many people of Turkish origin in Germany.
History of guest worker families
The origins of immigration of Turkish citizens to Germany date back to the last century. In the 1960s, many guest workers from Turkey came to Germany and many of them stayed in the country and built a life in Germany with their families.
It all started with an agreement between the Federal Republic of Germany and Turkey on the recruitment of guest workers in 1961. According to the Federal Agency for Civic Education, 900,000 people immigrated to Germany from Turkey in the 12 years following 1961.
That was the beginning of the story of how the Turkish community in Germany became the largest foreign group in Germany.
Integration of Turkish citizens in Germany
Many Turkish citizens living in Germany have been in Germany for a very long time and are part of German society.
Some of them were born in Germany and have parents or grandparents who were born in Turkey and came to Germany. Due to this long history, the integration of Turkish citizens in Germany is a functioning and close story in itself.
Turkish citizens have been working in a wide variety of professions in Germany as employers for many years, making the Turkish community important and significant for Germany economically and, due to its large numbers, also culturally and socially.
One of the motivations of the current federal government for planning the renewal of the Naturalization Act is that they want to give something back to these people who have shaped Germany for decades and make it easier for them to Naturalization .
Current naturalization procedure for Turkish citizens
The current naturalization process for Turkish citizens is comparable to the process for many other foreign citizens. There are clear requirements for a Turkish citizen to apply to Naturalization and become German. The figures show that the number of people with a Turkish background who have been naturalized in recent years is high.
The current conditions for becoming a German citizen as a Turk
According to the current naturalization law, Turkish citizens must meet various conditions. Firstly, they must have been legally resident in Germany for at least 8 years and have a Residence permit with which they can apply for Naturalization .
As a Turkish citizen, you must also prove that you can support yourself and your family and sign a declaration of loyalty.
In addition, you must successfully complete a naturalization test (unless you have a German school-leaving certificate, a German university degree or a degree in administration or law). You must have at least a B1 language certificate as a language requirement.
The clarification of identity must also be proven. The current law is bound by § 10 para. 4 StAG. It means giving up the citizenship of your home country. Turkey does not prohibit the renunciation of Turkish citizenship.
So if you were born in Turkey and apply for Naturalization , as a Turkish citizen you will have to give up your Turkish citizenship under the current German naturalization law. This sticking point is a reason for some Turkish citizens to decide against Naturalization , as they do not want to lose the citizenship of their home country.
Dual citizenship for children born in Germany
Since December 2014, a change in citizenship law means that it is no longer necessary for children of Turkish nationals born in Germany after January 1, 1990 to choose between German and Turkish citizenship from the age of 23.
For Turkish citizens born before January 1, 1990, however, the old regulations continue to apply. They had to make a decision. Dual citizenship was not possible for these people.
The option obligation continues to apply to Turkish citizens who were not born in Germany. They must choose between the two citizenships at Naturalization and cannot become dual citizens. For people born before January 1, 1990, the option obligation applied anyway.
Figures on the Naturalization of Turks in the past
From 2009 to 2020, Turkey was always one of the countries from which most people who were naturalized in Germany originated. There were particularly many Naturalization Turkish citizens in 2012 (33,000). This is shown by statistics from the Federal Statistical Office for the years 2005-2020. In the years 2013-2020, the number then fell from 28,000 naturalizations to 12,000 naturalizations.
Another statistic from the Federal Statistical Office shows that the number of naturalizations of Turkish citizens in Germany in 2022 was 14,230. This put Turkey in second place in 2022. Syria was in first place with 48,320 naturalizations and Romania came in third place in this statistic with 6965 naturalizations. In fourth place was Iraq with 6810 and in fifth place Ukraine with 5560 naturalizations.
The same statistics also show how long the respective people have already lived in Germany. With 9945 naturalized citizens, Turkey has the highest number of people who have lived in Germany for more than 20 years.
In second place in this category is Italy with 3060 naturalized citizens and in third place Greece with 1658 naturalized citizens. In 4th place is Kosovo with 1495 naturalized citizens and in 5th place Poland with 1050 naturalized citizens who have been resident for 20 years.
Dual citizenship Turkey: The Naturalization with the planned new law
The naturalization law planned by the German government would bring several major changes for Turks, but also for other groups of foreigners who live in Germany and wish to be naturalized. Dual citizenship and the duration of residence are particularly affected.
These changes are planned
The most important change in the planned new naturalization law would affect dual citizenship in Turkey. In future, dual citizenship Turkey 2023 will not require citizenship to be surrendered to Naturalization .
As a Turkish citizen, you no longer have to give up your Turkish citizenship in order to become German. Until now, as a Turkish citizen, you still have to renounce your dual citizenship at Naturalization in Germany.
Another change concerns the duration of residence. Instead of the current 8 years, they can also be naturalized after 5 years and with special integration achievements after just 3 years. The planned new law is therefore intended to reduce the length of stay.
Why the federal government wants to introduce the law
The background as to why the federal government wants to introduce the new law varies. The aim is to make it easier for people who have lived in Germany for years as foreign nationals and have left their mark on the country Naturalization . This is also the reason for the change regarding dual citizenship.
Another point is that the aim is to make Germany more attractive as an immigration country and, above all, to offer skilled workers who come to Germany long-term prospects. Hence the possibility of being naturalized after 5 years and after 3 years in the case of special integration performance.
The new law would have this effect on Turkish citizens
With the planned new law of the Federal Government, you as a Turkish citizen would no longer have to give up your Turkish citizenship at Naturalization . Dual citizenship would be possible with the planned new law and you could become a German citizen and retain your Turkish citizenship at the same time.
Furthermore, with the planned new law, you can be naturalized after 5 years of legal residence in Germany instead of the current 8 years. If you can prove language skills at C1-C2 level and special integration achievements such as voluntary work or special achievements at work, then Naturalization is also possible after 3 years.
Naturalization as a Turkish citizen with a planned new law ?
Dual citizenship Turkey: these are the conditions
Dual citizenship with the planned new law has certain conditions. In some current provisions, the conditions will change and in one particular case they will no longer apply. If you are planning to apply for Naturalization at the time of the planned new law, you should know what you need to submit.
Naturalization without giving up Turkish citizenship
According to the current provisions of § 10 Para. 4 StAG, it is necessary to give up your Turkish citizenship in order to be naturalized. As § 12 StAG functions as an exception in rare cases, as a Turkish citizen you still have to decide between both citizenships.
The planned new law will abolish the obligation to opt for citizenship for all Turkish citizens. This means that regardless of whether you were born in Turkey or Germany or not, you can have both citizenships and do not have to give up your Turkish citizenship.
Language and integration certificates with planned new law
Even with the planned new law, proof of language proficiency at B1 level must be provided. Alternatively, you must prove that you have the B1 language level. You can only be naturalized in Germany with this language level.
The declaration of loyalty is important as proof of integration. The declaration of loyalty must be signed by you. With the declaration of loyalty, you declare your allegiance to the German state.
The naturalization test is also required as proof of integration under the new law. If you want to obtain dual citizenship in Turkey under the new law, you must present this test.
You are only exempt if you have a German school-leaving certificate, a German university or university of applied sciences degree or a qualification in administration or law.
Legal duration of residence for Turks
Currently, as a Turkish citizen, you must have 8 years of legal residence in Germany. The planned new law on dual citizenship in Turkey would make this no longer necessary.
With the planned new naturalization law, Naturalization can be obtained after 5 years and with special integration achievements after 3 years. It is important that your Residence permit entitles you to Naturalization . With an Residence permit that does not entitle you to Naturalization , Naturalization will of course not work.
Proof of livelihood with the planned new law
The planned new law also includes proof of livelihood as one of the requirements for Naturalization. To obtain dual citizenship in Turkey, you must prove that you are able to support yourself and your family and that you can provide for yourself and your family.
The naturalization authority receives your supporting documents and then decides whether the prognosis for securing your livelihood is positive or negative. Evidence includes rental contracts, housing costs, proof of wages and other costs. The more evidence the authorities have, the easier it is to calculate your prognosis.
Dual citizenship Turkey: This is how the naturalization process works
Dual citizenship Turkey has a specific procedure with the planned new naturalization law. It is good to know the order of the naturalization process. This makes it easier to organize the application and you always have a precise plan for an overview.
Collection of the required documents
To start the naturalization process, the required documents for dual citizenship Turkey must be collected.
You must therefore have your B1 language certificate, the signed declaration of loyalty, proof of your identity (Turkish passport), proof that you have passed the naturalization test, proof of livelihood and proof of your legal residence status.
Completing and submitting the naturalization application
You must now complete the organized naturalization application in full. Attach the completed form to all the other documents and sort the documents for the naturalization application and check whether the application is complete. You then submit the complete application to the naturalization authority responsible for you
Checking and reviewing the application
Now it's time to wait. The naturalization authorities have 12 weeks to process your application for dual citizenship Turkey. Currently, we can say from experience and many years of working with the authorities that there are more and more applications that the employees are processing and therefore long waiting times are the norm.
Lawsuit for failure of act with planned naturalization law
If the naturalization authority has not responded to your application after 12 weeks and has not processed it, you have the right to file an Lawsuit for failure of act appeal. The Lawsuit for failure of act serves as a reminder to the naturalization authorities to process your naturalization application.
The authorities are obliged to do this. The administrative court then sets a deadline for the naturalization authority and the authority processes your application. You will then receive the result of your application.
The granting of naturalization
Your naturalization application is successful and the naturalization authority will now arrange an appointment with you. At this appointment, you will receive your naturalization certificate and thus officially become a German citizen. You will also receive a German passport and a German identity card. You now have the same rights and obligations as any other German.
Turkey's position on dual citizenship
An important reason why it is so difficult for many Turkish citizens to obtain dual citizenship is how Turkey proceeds with § 10 para. 4 StAG, which provides for the withdrawal of Turkish citizenship in order to become a German citizen. It is also important to know what the Turkish citizenship law says about dual citizenship.
Dual citizenship under Turkish citizenship law
The problem in recent years has been the regulation in German citizenship law provided for in Section 10 (4) StAG.
The Turkish Citizenship Law has no problem with dual citizenship. Article 44 of the Turkish Citizenship Law (Madde 44) states that every citizen who has acquired a foreign citizenship for any reason must present the status documents.
These documents are checked by the Turkish authorities and a declaration is then made that the person has multiple citizenships. The determination of multiple citizenship is then recorded in the civil family register.
Surrender of Turkish citizenship
The transfer of Turkish citizenship is not prohibited by Turkish citizenship law. This right is laid down in Art. 20 - 26 (Madde) of the Turkish Citizenship Law. The renunciation must be applied for at the Council of Ministers.
The applicant receives an approval document for release from the Ministry of the Interior. Upon presentation of the naturalization certificate of the state (in this case, the German naturalization certificate), the applicant receives the certificate of release.
Before the amendment to the German Citizenship Act was made at the end of 2014, children born in Germany to Turkish parents were required to opt for citizenship until the age of 23.
This is defined under Art. 27 (Madde) of the Turkish Citizenship Law is laid down. This is also the only reason why a withdrawal is not approved: If the Turkish national would be stateless upon leaving.
While the new law applied to people born on January 1, 1990 with the amendment to the Citizenship Act at the end of 2014, this was not the case for Turkish citizens born in Germany before that date.
They had to choose between the two citizenships at the age of 23. The planned amendment to the Naturalization Act and the associated dual citizenship of Turkey would make it possible for these people to also become dual citizens.
Dual citizenship Turkey: This is what the future looks like
The planned new naturalization law and dual Turkish citizenship would bring changes for parts of the Turkish community in Germany. Even if it sounds like a quick procedure at first glance, the process of obtaining dual citizenship can take a long time.
The changes brought about by the simplified Naturalization for Turks
The simplified Naturalization mainly affects Turkish citizens who were born in Germany before January 1, 1990 and people who were born in Turkey and came to Germany. For them, the option obligation no longer applies and they can apply for German citizenship or do it the other way around with Turkish citizenship.
Since not only Turkish citizens, but all foreign citizens in Germany can make use of this option, long waiting times for the Naturalization are inevitable.
In addition, there are also foreigners who came to Germany from Syria in 2015 with the refugee crisis and are now entitled to apply for a Naturalization have. Anything other than a lengthy naturalization process would therefore be a surprise. This makes it all the more important to organize the preparation of the papers as quickly as possible so that the application can be submitted at the start of the planned new law
It is also helpful to submit the application with legal assistance. In our experience, Naturalization works faster with a lawyer than without support. It therefore makes sense to go through the naturalization process with the help of a lawyer.
The future of the naturalization process for Turkish citizens
The planned amendment to the Naturalization Act would be a great help and also a gesture of recognition, especially for people who have lived in Germany for many years and some of whom were born here. For Turkish citizens born in Germany after January 1, 1990, it is not a change. They were already able to retain dual citizenship from December 2014 and were no longer affected by the option requirement.
The dual citizenship Turkey in the planned new naturalization law would mean the end of the option obligation and bring an additional identification factor for people who have lived in Germany for years and already contribute a great deal to Germany's social and economic development.
The planned new law does not yet apply
The federal government has planned the new law, got it through the coalition and reached an agreement there. However, it has not yet come into force and is therefore not yet valid! The law has to be discussed in the Bundestag and changes are possible in all different directions. Implementation of the law is planned for summer 2024.
Summary
As you can see, the issue of dual citizenship in Turkey is very complex. We have summarized the most important points for you here:
- The planned new law should make dual citizenship possible for all foreign nationals who apply to Naturalization and can be naturalized.
- The option obligation for Turkish citizens would no longer apply with the new law. This also applies to people who were born in Germany before January 1, 1990 and opted for Turkey at that time. The same also applies to people who were born in Turkey and for whom the option obligation currently still applies.
- Under the planned new law, Naturalization can also be applied for after 5 years of legal residence instead of 8 years.
- By providing special integration services, Naturalization can also be applied for after 3 years of legal residence.
- In addition to Clarification of identity (proof of valid passport), the signed declaration of loyalty, the B1 certificate, the naturalization test, proof of length of stay and Residence permit, the signed naturalization form and proof of livelihood are required for Naturalization .
- With Naturalization , Turkish citizens as dual nationals would have the same rights and obligations as any other German citizen.
Do you still have questions about dual citizenship in Turkey with the planned new law?
FAQ - The most important questions and answers about dual citizenship for Turkish citizens
Yes, this applies to some Turkish citizens and, with the planned new law, to all Turkish citizens.
If you are a Turkish citizen born in Germany after January 1, 1990, then dual citizenship is not a problem. The current situation is different for people born before 1990 and people born in Turkey. For people born before January 1990, the option obligation still applied. They were not subject to the regulation that has applied since December 2014. Citizens born in Turkey are affected by the option obligation anyway. With the planned new naturalization law, the option requirement would no longer apply and dual citizenship would be possible in principle.
The current Citizenship Act allows dual citizenship for all Turks born in Germany after 1 January 1990. Turkish citizens born before 1 January 1990 could become dual citizens under the planned new Naturalization Act. Dual citizenship would then be available to all foreign citizens who are eligible for naturalization and the option requirement would no longer apply.
Turks born in Turkey currently have to renounce their Turkish citizenship at Naturalization in order to become German citizens under Section 10 (4) StAG. As Turkey allows citizenship to be renounced, these people are subject to the option obligation. With the planned new naturalization law, the option obligation would finally be abolished and all foreign applicants to Naturalization could become dual citizens.
You must meet the requirements for Naturalization with the planned new Naturalization Act. These are: No previous convictions that make the Naturalization impossible, a signed declaration of loyalty, the successful naturalization test, the B1 language certificate, proof of livelihood, proof of residence title and legal residence in Germany for 5 years. Furthermore, the Clarification of identity must be available (valid Turkish passport) and the application form must have been completed in full.
Yes, Turkish citizenship law allows you to renounce your Turkish citizenship under Articles 20-26. You must apply to the Turkish Council of Ministers to be released from Turkish citizenship and if you present your naturalization certificate from Germany, you will receive the certificate of release from Turkish citizenship.
Dual citizenship is recognized in Turkish citizenship law. Article 44 of the Citizenship Law states that citizens must inform the authorities of their status. This is then checked with the documents by the Turkish authorities and you must declare that you are a dual citizen. The change is then entered in the civil family register.
