According to the Turkish Citizenshıp Law No. 5901 Evaluation of the Polygamy Problem in Acquıring Turkish Citizenshıp Through Investment with the Recent Decision of the 2nd Supreme Court Dated 04.26.2022

Authors : Burcu İrge Erdoğan

Pages : 224-240

Doi:/neuhfd.1372093

View : 51 | Download : 75

Publication Date : 2024-06-30

Article Type : Research Paper

Abstract :According to the Turkish Citizenship Law (TCL) article 12/1-b, in the literature, there are many insightful studies about the conditions and features required for citizenship acquisition and various criticisms. In light of article 12/1-b, this study aimed to shed light on the problem of what will happen if the foreigner who applied for citizenship is validly married more than once according to his own country and tackle a very serious issue regarding the Turkish public order in the long run. The acquisition of citizenship later in the rules of Turkish citizenship law does not affect the spouse\'s citizenship. However, the innovation brought to TCL article 12/1-b is an exception to this rule. It is against the principles of Turkish citizenship law to acquire citizenship to the spouse without seeking any conditions. Important issues arise in acquiring Turkish citizenship by the spouses of polygamous investors. Unfortunately, the legislator revealed that he did not consider the drawbacks in his regulation on this issue. While there are strict conditions to be sought in the case of later acquisition of citizenship, it is more flexible in investment citizenship. This reduces the value given to citizenship acquisition. In this study, if the person applying for citizenship by investment has more than one marriage, the current Supreme Court decision on the nullity of these marriages is also mentioned. In the aforementioned decision, it is about the fact that more than one spouse of the person who acquired Turkish citizenship later is a Turkish citizen and that these marriages are null and void. Necessary arrangements should be made to prevent this situation, which will clearly affect the Turkish public order. Although we have verbally expressed it in various scientific meetings, this study has been prepared with the belief that it is crucial to be included as a written source and has been finalized with the recent supportive Supreme Court decision.
Keywords : vatandaşlık, yatırım, eşin vatandaşlığı, kamu düzeni, çok eşlilik