TURKISH REPUBLIC OF NORTHERN CYPRUS

TURKISH REPUBLIC OF NORTHERN CYPRUS

OFFICIALGAZETTE

SUPPLEMENT I

No. 52 27 May 1993

LAWS

PART I

“Turkish Republic of Northern Cyprus Citizenship Law” which was accepted by the Republican Assembly of the Turkish Republic of Northern Cyprus during its session on 21 May 1993 is hereby promulgated by the Deputy President of the Turkish Republic of Northern Cyprus, by publication in the Official Gazette in accordance with article 94 (2) of the Constitution.

No. 25/1993

CITIZENSHIP LAW

The Republican Assembly of the Turkish Republic of Northern Cyprus enacts as follows:

1. This law shall be cited as the Turkish Republic of Northern Cyprus Citizenship Law.

PART ONE

General Provisions

2 (1) In this Law, unless the context otherwise requires:

“Alien” means a person who is not a citizen of the Turkish Republic of Northern Cyprus;

“Child” means a child born during the marriage union;

“Council of Ministers” means the Council of Ministers of the Turkish Republic of Northern Cyprus;

“Minister” means the Minister responsible for Internal Affairs;

“Minor” means any person under the age of eighteen;

“Person accepted to Citizenship” means any person who in virtue of a certificate granted under this Law is a citizen of the Turkish Republic of Northern Cyprus;

“Turkish Cypriot Father” means a Turkish father who is a citizen of the Turkish Republic of Northern Cyprus;

“Turkish Cypriot Mother” means a Turkish mother who is a citizen of the Turkish Republic of Northern Cyprus.

(2) Any person born aboard a registered or unregistered ship or aircraft, is deemed, for the purposes of this Law, to have been born in the place where the ship or aircraft is registered or in the country concerned.

(3) For the purposes of this Law “a person of full age who has completed the age of 18” is deemed to have attained full capacity, provided he is not of unsound mind.

For purposes of this Law, completion of the age of 18 requires the attainment of a person’s19th anniversary.

3. The purpose of this Law is to lay down the provisions as to acquisition and loss of citizenship.

PART TWO

Acquisition of Citizenship by Law

4 (1) Children born within or outside the borders of the Turkish Republic of Northern Cyprus of a Turkish Cypriot father or to a Turkish Cypriot mother, are citizens of the Turkish Republic of Northern Cyprus, as from their birth.

Provided, that a person born outside the borders of the Turkish Republic of Northern Cyprus who by virtue of this sub-section is a citizen of the Turkish Republic of Northern Cyprus, and is of full capacity and has completed the age of 18, but is not residing within the Turkish Republic of Northern Cyprus, shall lose the Turkish Republic of Northern Cyprus citizenship, irrespective of the conditions in section 13, by communicating to the Minister his intention to renounce his citizenship, through the Embassy, Consular Office or the Office of the Turkish Republic of Northern Cyprus in the country where he is residing. The proceedings relating to loss of citizenship shall be carried out in accordance with the provisions of section 15.

(2) Persons who have acquired citizenship subject to article 67 of the Constitution of the Turkish Republic of Northern Cyprus and were resident in North Cyprus on 15 November 1983, are citizens of the Turkish Republic of Northern Cyprus.

5 (1) Adoption does not affect the citizenship of the adopted:

Provided that, if the adopted minor is

(A) stateless; or

(B) has no mother and father; or

he shall be deemed to have acquired citizenship of the Turkish Republic of Northern Cyprus, by having been adopted by a citizen of the Turkish Republic of Northern Cyprus.

(2) For the purposes of this section, “minor” has the same meaning attributed to it under section 2 of the Adoption Law.

6 (1) Children born in the Turkish Republic of Northern Cyprus to an alien mother or father will be deemed citizens of the Turkish Republic of Northern Cyprus as from time of birth in accordance with principles of reciprocity between the countries concerned. The Council of Ministers shall prescribe the countries which will not be subject to reciprocity.

(2) Children found in the Turkish Republic of Northern Cyprus whose mothers and fathers are unknown, shall, unless the contrary is established, be deemed tohave been born in the Turkish Republic of Northern Cyprus.

7 (1) (A) A woman married to a man who is a citizen of the Turkish Republic of Northern Cyprus; or

(B) A woman married to a man who has the right to become a citizen of the Turkish Republic of Northern Cyprus, shall upon application acquire the citizenship of the Turkish Republic of Northern Cyprus if she can establish cohabitation with her husband for a period of not less than one year.

Provided, that the period of cohabitation for one year may be reduced by the Minister.

(2) A man having been married for more than one year, and cohabiting with a woman who is a citizen of the Turkish Republic of Northern Cyprus shall acquire citizenship of the Turkish Republic of Northern Cyprus without the requirement of residence qualification.

(3) Apart from acquiring citizenship under sub-sections (1) and (2), above, a man or a woman shall acquire citizenship of the Turkish Republic of Northern Cyprus if

(A) he or she was stateless at the time of marriage; or

(B) by having married he or she lost his or her former citizenship.

(4) Upon a decision for annulment of marriage, a man or a woman who is of good conduct shall continue to preserve his or her citizenship.

(5) Children of an annulled marriage shall continue to preserve their citizenship of the Turkish Republic of Northern Cyprus irrespective of lack of good conduct of the mother or father.

PART THREE

Acquisition of Citizenship by Decision of the Council of Ministers

8 (1) Any alien person wishing to acquire citizenship may acquire citizenship of the Turkish Republic of Northern Cyprus by decision of the Minister provided he satisfies the following conditions:

(A) He must be of full age in accordance with his national law, or in case he is stateless, in accordance with the laws in force in the Turkish Republic of Northern Cyprus;

(B) He must have resided in the Turkish Republic of Northern Cyprus continuously for five years preceding the date of his application. Any interruption for less than forty days in a year shall not affect the continuity of residence;

(D) He must be of good conduct;

(E) As to general health, he should not have any dangerous disease;

(F) He must have income and work in the Turkish Republic of Northern Cyprus to support himself and his dependants.

(2) The spouse and minor children of an alien who has acquired the citizenship of the Turkish Republic of Northern Cyprus in accordance with the provisions of sub-section (1) above shall automatically acquire citizenship of the Turkish Republic of Northern Cyprus, and the necessary proceedings shall be completed upon application.

9 (1) Aliens who apply for citizenship may, in the following cases, become citizens of the Turkish Republic of Northern Cyprus by decision of the Council of Ministers taken upon the proposal of the Minister, without requiring the satisfaction of conditions under paragraphs (B) and (C)of section 8 of the Law:

(A) Children of full age who had been born to persons subsequent to loss, for any reason whatsoever, of citizenship of the Turkish Republic of Northern Cyprus;

(B) Persons who have made investment in industrial, trade, tourism, social and economic fields in the Turkish Republic of Northern Cyprus and have performed, or are likely to perform, extraordinary services in science, politics and cultural sectors;

(D) Persons who have taken part in the 1974 Peace Operation and their spouses and children; and the widows and children of those killed in the Peace Operation;

(E) Persons who have rendered services after 1 August 1958 in the cadres of the Turkish Resistance Organization in the Turkish Republic of Northern Cyprus.

(2) The spouse and minor children of an alien who is granted citizenship of the Turkish Republic of Northern Cyprus under sub-section (1) above automatically become citizens of the Turkish Republic of Northern Cyprus and the necessary proceedings shall be completed upon application.

PART FOUR

Status of Aliens and Citizenship Application

10. “Residence” in respect of an alien, means residence in the Turkish Republic of Northern Cyprus in accordance with the laws of the Turkish Republic of Northern Cyprus. The absence from the Turkish Republic of Northern Cyprus of an alien does not interrupt the period of residence if it does not exceed an aggregate of six months.

Provided, that the period of absence from the Turkish Republic of Northern Cyprus shall not form part of the period of residence.

11 (1) Applications for the grant of citizenship of the Turkish Republic of Northern Cyprus shall, in the Turkish Republic of Northern Cyprus, be made to the Directorate of Immigration Office or its sub-offices; in countries abroad they should be made to the embassies, consular offices, or the office of the representative of the Turkish Republic of Northern Cyprus.

(2) Documents completed by the above described authorities shall be forwarded to the Ministry for appropriate action.

12. Inquiry in respect of a person who has applied to be granted citizenship shall be carried out in accordance with principles laid down by the rules made under section 25 of this Law to determine whether the necessary conditions exist.

PART FIVE

Renunciation of Citizenship and Loss of Citizenship

13. Renunciation of citizenship of the Turkish Republic of Northern Cyprus is subject to permission to be granted by the Council of Ministers subject to the following conditions:

(1) Applicant should be of full age and capacity;

(2) He should have performed his military service.

14 (1) Applications for the renunciation of citizenship of the Turkish Republic of Northern Cyprus shall, in the Turkish Republic of Northern Cyprus, be made to the Directorate of the Migration Office or its sub-offices; in countries abroad, to the embassies, consular offices, or the offices of the representative of the Turkish Republic of Northern Cyprus.

(2) Documents completed by the authorities shall be forwarded with their recommendations to the Ministry for action.

15 (1) If a person wishing to renounce his citizenship is also a citizen of another state, a certificate of renunciation of citizenship shall be granted to him forthwith.

(2) If a person wishing to renounce his citizenship is not a citizen of another state, the certificate of renunciation of citizenship shall be granted to him upon production of a certificate showing that he has acquired citizenship of the state concerned.

(3) The certificate of renunciation of citizenship shall be prepared by the Directorate of the Immigration Office and the endorsement “renounced” shall be entered on the register of census, thereby canceling the registration.

(4) The citizenship of the Turkish Republic of Northern Cyprus is lost upon the issue of a certificate of renunciation under this section.

16 (1) The decision granting citizenship may be cancelled by the Council of Ministers if its acquisition was the result of false declaration or the concealment of material facts by the person concerned.

(2) Cancellation is registered by the entry of an endorsement on the census register in which citizenship was entered upon its acquisition.

(3) The spouse and children of a person who has lost the citizenship of the Turkish Republic of Northern Cyprus by cancellation shall not be entitled to preserve their citizenship and the acquisition of citizenship shall be cancelled in the same way, and the necessary entry shall be effected.

Provided, that if the children have acquired citizenship by birth, their right to citizenship is reserved.

17 (1) In cases of subsequent acquisition of citizenship of the Turkish Republic of Northern Cyprus, the Council of Ministers shall decide as to loss of citizenship of the following persons:

(A) Persons who, being in the service of a foreign state, which is incompatible with the interests of the Turkish Republic of Northern Cyprus, fail to withdraw voluntarily after notice to this effect by the Council of Ministers, allowing a reasonable period for withdrawal which should be of not less than three months, served outside the country through the embassy, consular office, or the office of the representative abroad of the Turkish Republic of Northern Cyprus, and within the country, through the Directorate of the Immigration Office;

(B) Those persons who voluntarily continue in any service of a state, which is at a state of war with the Turkish Republic of Northern Cyprus, without permission from the Council of Ministers;

(C) Those persons outside the country who without excuse, fail to comply within three months with the notice of the competent authority calling upon such persons to perform their compulsory military duty, or being abroad, fail to join the defence of the country upon declaration of war.

(2) Before taking a decision under this section the Council of Ministers shall serve upon the person concerned the necessary notice.

(3) No person can be deprived of the citizenship of the Turkish Republic of Northern Cyprus which was acquired by birth to a citizen of the Turkish Republic of Northern Cyprus, or to a Turkish Cypriot mother or a Turkish Cypriot father.

(4) The date of loss of citizenship shall not be taken to be that of service which has been duly effected; the date of loss of citizenship shall be the date of publication of the decision in the Official Gazette.

(5) The spouse and children of a person who loses his citizenship of the Turkish Republic of Northern Cyprus under this section shall be considered to be of alien status, vis-à-vis benefits accorded to citizens of the Turkish Republic of Northern Cyprus.

18 (1) The following persons who had subsequently acquired Turkish Republic of Northern Cyprus citizenship may be deprived of citizenship by decision of the Council of Ministers:

(A) Persons who, being abroad, are engaged in activities against the internal and external security of the Turkish Republic of Northern Cyprus, and it is not possible to bring criminal proceedings against them in the Turkish Republic of Northern Cyprus, and who, without excuse, refuse to comply within three months with notice calling upon them to return to the country;

(B) Persons who obtain asylum in a foreign country;

(C) Persons who, in the country or abroad, are engaged in activities likely to upset the existing good relations between the Turkish Republic of Northern Cyprus and another state or states.

(2) Service will be effected

(A) by way of publication; or

(B) in the normal way,

upon the person in respect of whom a deprivation decision has been taken.

(3) Deprivation proceedings shall be stopped in respect of persons who return to the Turkish Republic of Northern Cyprus before the service of the deprivation decision or before its publication in the Official Gazette.

Provided, that this will not affect criminal proceedings.

(4) Loss of citizenship is valid only in respect of the person who has been deprived of citizenship. Deprivation decision does not affect the citizenship of the spouse and children of the person concerned.

(5) A person who is deprived of citizenship cannot enjoy the rights recognized for aliens.

19. A woman citizen of the Turkish Republic of Northern Cyprus, even though she may acquire the citizenship of her husband, will continue to preserve her citizenship of the Turkish Republic of Northern Cyprus.

20. Persons who lose the citizenship of the Turkish Republic of Northern Cyprus under this Law are subjected to the status of aliens as from the date of loss of citizenship, and may enjoy the rights recognized to aliens under the laws of the Turkish Republic of Northern Cyprus, such as those relating to residence, acquisition and transfer of immovable property, inheritance and work.

Provided, that persons who lose the citizenship of the Turkish Republic of Northern Cyprus by way of deprivation and cancellation shall not enjoy the rights recognized to aliens.

PART SIX

Proof of Citizenship and Application to Cout

21 (1) Proof of citizenship of the Turkish Republic of Northern Cyprus shall not be syubject to any particular form of evidence.

(2) The following, and similar, formal entries and documents shall, unless the contrary is proved, constitute a presumption in favour of citizenship:

(A) Certificate of birth;

(B) Identity card of the Turkish Republic of Northern Cyprus;

(D) Formal documents issued by embassy, consular office and office of the representative abroad of the Turkish Republic of Northern Cyprus.

(3) All persons affected by decisions of administrative authorities as to citizenship of the Turkish Republic of Northern Cyprus shall have the right to apply to the court.

PART SEVEN

Transitional and Final Provisions

23. All decisions as to acquisition and loss of citizenship of the Turkish Republic of Northern Cyprus shall be published in the Official Gazette.

24. Any person who knowingly and by fraudulent means misleads the competent authorities by false declaration shall be guilty of an offence and upon conviction may be liable to imprisonment for one year or a fine not exceeding 10,000,000.— TL (ten million Turkish liras), or both.

25. The Council of Ministers may make Rules for the purpose of facilitating the application of this law relating to the following matters:

(1) The format of official certificate, forms and documents to be regulated under this Law providing for acquisition and loss of citizenship;

(2) The giving of any notice provided for under this Law;

(3) The regulation of matters and documents relating to persons who are to lose the citizenship of the Turkish Republic of Northern Cyprus;

(4) The registration of births and deaths occurring in a foreign country of citizens of the Turkish Republic of Northern Cyprus by:

(A) Embassy, consular office or representative office abroad of the Turkish Republic of Northern Cyprus, or by other officials in the service of the Turkish Republic of Northern Cyprus;

(B) In cases where the Turkish Republic of Northern Cyprus has no diplomatic representative or consul in the country concerned, persons who perform services in the diplomatic, consular or other services abroad of the country that in accordance with agreement with the Turkish Republic of Northern Cyprus has undertaken to represent the interests of the Turkish Republic of Northern Cyprus;

(5) For the prescribing and recovery of fees for applications under this Law and for registration, declaration and matters like issuing of certified copies of entries in the register, not being below 100,000.— TL (one hundred thousand Turkish liras) and not exceeding 200,000.— TL (two hundred thousand Turkish liras) for each item.

(6) For prescribing the procedures relating to inquiry and subsequent matters for the acquisition and loss of citizenship.

26. The 1975 Citizenship Law is hereby repealed as from the coming into operation of this Law, without prejudice to anything done under this Law.

27. This Law shall be carried into effect by the Minister responsible for Internal Affairs.

1. Persons who were born outside the borders of the Turkish Republic of Northern Cyprus and are not ordinarily resident within the borders of the Turkish Republic of Northern Cyprus and who, on the coming into operation of this Law have completed their 18th year of age, may cease to be citizens of the Turkish Republic of Northern Cyprus upon application in accordance with section 4 of this Law, within 6 months from the date of the coming into operation of this Law.

28. This Law shall come into operation as from the date of publication in the Official Gazette.