WHAT DOES TURKISH NOBLE MEAN?

In accordance with the Law No. 2527 on the ability of Turkish Noble Foreigners to freely practice their profession and arts in Turkey, and to be employed in public, private institutions, organizations or workplaces, and in accordance with the provisions of the Regulation on the Implementation of this Law, a register of foreign nationals is kept at the General Directorate.

Foreigners of Turkish origin, who are subject to the provisions of this law and regulation, are obliged to establish foreign population records. Foreigners of Turkish origin must apply to the Provincial Directorate of Population and Citizenship or the District Population Directorate of their place of residence in order to be registered in the population register.

The notification forms prepared for this purpose should be filled and signed according to the available documents of the relevant persons (passport, identity card, international family card). Your documents:

The photocopy of the residence permit must be legible and notarized,

1. The passport or its photocopy has been translated and notarized,
2. The original diploma or the equivalence certificate, if taken from foreign countries, must be certified by the notary public or the faculty,
3. Original or notarized certificate of Turkish descent from the Consulate of the State of which she is a citizen,
4. If married, the photocopy of the international family card must be notarized
5. The photograph to be attached to the form must be taken within the last six months and the two additional photographs to be sent must be the same.

 The file to be prepared is sent directly to the General Directorate by the Provincial Directorate of Population and Citizenship. The “Foreigners’ Identity Document” issued to be given to them after the registration of the population is sent to the relevant Governor’s Office and delivered to the relevant person. Foreigners are obliged to notify the Population Directorates of any changes that may occur. Foreigners can apply to the relevant Population Directorate with a petition for the expiration of the “Foreigners-Specific Identity Document” issued to them or to renew it for other reasons.

To the petition;

1. A notarized copy of the extended, legible residence permit,
2. Original of old identity document,
3. Two photos taken within the last six months,

must be sent with attachments.

Census records of foreigners of Turkish descent do not constitute a presumption that the person is a Turkish citizen and do not create a right for citizenship. 

THE CONCEPT OF TURKISH NOBLE FOREIGN
In various legal regulations in Turkish law, concepts such as “people of Turkish descent”, “people of Turkish descent”, “foreigners of Turkish descent” are encountered[11]. However, in our legislation, “being of Turkish descent” or “Turkish nobility” is not defined, and there is no clarity on the basis of which “Turkish nobility” will be determined. For this reason, the competent authorities will decide who is of Turkish descent.

While citizenship expresses the legal bond between a person and a certain state[12]; the concepts of nationality and ancestry include elements such as race, language, religion and culture, which are technically not legal; they are sociological concepts[13]. For this reason, there is no definite criterion that can be applied in the determination of Turkish nobility. “Being of Turkish descent” is a sociological phenomenon. Many factors such as the person’s name-surname, language, country of birth, region of residence, and population records can be used in the determination of this phenomenon.

Turkish descent is necessary, but not sufficient, to benefit from Law No. 2527. Due to the political and economic aspects of immigration, the competent authorities[14] should decide who will be considered as Turkish noble.

Since being of Turkish ancestry is a sociological phenomenon, it is not correct to give a definition about it. In the doctrine[15], some definitions are given for the concept of foreigner of Turkish origin; However, in these definitions, there is no clarity on the basis of which “being of Turkish ancestry” will be determined.

In Turkish law, besides foreigners of Turkish origin, people who are “connected to Turkish culture” are also mentioned. The Settlement Law defined as “muhacir” (immigrants) the residents or nomads of Turkish descent[16] who want to come to Turkey collectively or individually for the purpose of settling, and the residents or nomads of the Turkish culture, and it was determined that who and the people of which countries would be deemed to be dependent on the Turkish culture. It envisages that it will be determined by the decision of the Board (art. 3/1-2). In the 4th article of the Settlement Law, it is forbidden to take “people who are not affiliated with Turkish culture” to Turkey as immigrants. In the face of this situation, won’t those who are not affiliated with Turkish culture but who are of Turkish descent not be accepted as immigrants? Although the definition in the 3rd article of the Settlement Law means that people of Turkish descent are considered immigrants, even if they are not affiliated with Turkish culture, it is not possible to consider people who are not affiliated with Turkish culture as immigrants in the face of the clear provision of Article 4[17]. It is possible to get rid of this result, which complicates the situation of the immigrants of Turkish descent, even partially, by making use of the presumption that those of Turkish descent are connected to Turkish culture[18].

In the Law No. 2527, unlike the Settlement Law, the condition of being connected to the Turkish culture was not sought in order for foreigners of Turkish descent to benefit from the right to work. The Law No. 2527 used the concept of “foreigner of Turkish origin” instead of “citizen of a foreign state of Turkish origin”, enabling those who are not citizens of any state to benefit from the right to work. In other words, the scope of the law was deliberately broad in terms of foreigners of Turkish descent.

There is no provision in the Law No. 2527 and the Regulation on the proof of being of Turkish descent. Accordingly, it should be accepted that the proof of Turkish nobility is not subject to a mandatory form requirement. The person claiming Turkish nobility can benefit from all kinds of evidence. However, the competent authority (Ministry of the Interior) will decide whether this evidence is sufficient or not[19]. Being of Turkish ancestry does not give a person a “right” to benefit from this Law.