For Turkish nationals who have spent years in Spain and are approaching a citizenship application, the most common question is what will happen to their Turkish citizenship. The answer depends on two separate legal systems: Turkish Citizenship Law No. 5901 in Türkiye and the Civil Code (Código Civil) in Spain. The two systems look at the same question from different angles and produce their effects independently of each other.
Turkish law: multiple citizenship is allowed
Turkish law does not prohibit Turkish nationals from acquiring the citizenship of another country. Under article 44 of Law No. 5901, when a person who has acquired a foreign citizenship reports it with supporting documents, a note is added to their civil registry record stating that they hold multiple citizenships. This can be done abroad through a Turkish consulate.
Turkish citizenship does not end automatically when a foreign citizenship is acquired. Under the Law, it is lost only by decision of the competent authority (renunciation with permission, deprivation, or annulment of naturalisation) or by exercising a right of choice. A declaration made before the authorities of a foreign country is not among the acts that end citizenship under Turkish law.
Spanish law: the renunciation requirement
Article 23 of the Spanish Civil Code sets out the conditions for a valid acquisition of nationality by residence. One of them is that the applicant declares that they renounce their previous nationality. Only nationals of Latin American countries, Andorra, the Philippines, Equatorial Guinea and Portugal, and Sephardic Jews of Spanish origin, are exempt. Türkiye is not on this list.
The declaration is made together with the oath, which must take place within 180 days of notification of the decision granting nationality. This is done at the Civil Registry (Registro Civil) or before a notary, after which the acquisition is entered in the Spanish civil register.
Article 25 of the Civil Code also contains a sanction: Spaniards who are not Spanish by origin, and acquired nationality later, lose Spanish nationality if for three years they use exclusively the nationality they declared they were renouncing.
How the two systems work together
The renunciation declaration made in Spain is a mandatory condition for acquiring nationality under Spanish law. Its effect on Turkish citizenship, however, is governed by Turkish law. Because renouncing Turkish citizenship requires an application to the Ministry of the Interior and a permission granted by it, a declaration made only to the Spanish authorities does not close the Turkish civil registry record.
This can leave a person with two different records: someone who has renounced their previous nationality in the eyes of Spain, but who is still a Turkish citizen in the eyes of Türkiye. This dual position has legal consequences and should be assessed in light of the person's circumstances:
- Spanish documents should be used in Spain and when entering Spain; using the renounced nationality exclusively for three years can lead to the loss of Spanish nationality
- As long as Turkish citizenship continues, the obligations arising from it, such as military service, also continue
- Statements and documents given to different authorities must not contradict each other
Renunciation with permission and the Blue Card
For those who also want to end their Turkish citizenship under Turkish law, the route is renunciation with permission under article 25 of Law No. 5901. The conditions are:
- Being of age and having the capacity to make decisions
- Having acquired a foreign citizenship, or there being convincing indications that one will be acquired
- Not being wanted for any offence or in connection with military service
- Not being subject to any financial or criminal restriction
People who have not yet obtained Spanish citizenship receive a permission certificate to renounce; it is valid for two years, during which they must document that they have acquired the foreign citizenship. People who have already acquired the foreign citizenship receive a renunciation certificate directly. Turkish citizenship ends when the renunciation certificate is handed over against signature. The application can be made abroad through Turkish consulates.
Under article 28 of the Law, people who were Turkish by birth and renounced with permission, and their descendants up to the third degree, continue to enjoy most of the rights granted to Turkish citizens and, if they request it, receive a Blue Card (Mavi Kart). They have the same rights as citizens in matters such as residence, work, property ownership and inheritance in Türkiye. They do not have the right to vote or stand for election or the right to import vehicles or household goods duty-free, and they have no military service obligation; they cannot work as permanent civil servants, although they can be employed by public bodies as workers or contract staff. Their acquired social security rights are preserved.
People who renounced with permission can later apply to reacquire Turkish citizenship without having to reside in Türkiye. The effect of doing so on Spanish nationality, however, needs to be assessed separately.
Points to consider before deciding
- Military service status: a person wanted in connection with military service cannot obtain permission to renounce; this has to be resolved first
- Rights in Türkiye: the Blue Card preserves most property, inheritance and social security rights; since Blue Card holders receive a separate identification number, some records may need updating
- Children: a parent's renunciation does not automatically affect their children's citizenship; for the children to renounce together with the parent, a request and the consent of the other parent are needed, and a judge decides if consent is not given
- Public service: the Blue Card is not enough for anyone considering a permanent civil service post in Türkiye
When to get advice
Because the issue involves the law of two countries at once, it is best to decide before reaching the oath stage. Men with outstanding military service obligations, people with property, company shareholdings or ongoing inheritance proceedings in Türkiye, parents deciding on behalf of their children, and anyone considering public employment in Türkiye in the future should have their situation reviewed by a lawyer before applying to renounce. Procedural questions on the Spanish side can be put to the Civil Registry or notary where the oath will take place.
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This article is for general information and is not legal advice. Legislation and case law may have changed since it was written.