Immigrants' Birthplace and Date Correction Applications: Detailed Information

Pursuant to Provisional Article 9 of Law No. 7039 on Amendments to the Population Services Law and Certain Other Laws (Official Gazette: 03.11.2017/30229); "The records of individuals who have acquired Turkish citizenship as immigrants and whose place and date of birth are erroneous shall be corrected by the population directorate, provided they apply with duly approved birth certificates within five years from the effective date of this article." However, the term of this regulation has expired, and how such corrections are to be made in the current situation is explained in detail below.

Application Period and Current Situation

According to the aforementioned regulation, individuals who acquired Turkish citizenship as immigrants had the opportunity to correct their birth date and place of birth if they applied within 5 years from 03.11.2017, i.e., until 03.11.2022. However, after the application period, which expired on 03.11.2022, the population directorates no longer have the authority to correct the records. Therefore, as of this date, population directorates do not have the direct authority to make corrections. Consequently, corrections to birth place and date records must now be made through the courts, by filing a lawsuit.

Lawsuit Process and Required Documents

Lawsuits for the correction of birth place and date are filed to ensure that the identity information of the relevant individuals is correctly entered into the population records. For these lawsuits to be successful, it is of great importance that certain documents are submitted to the court completely and accurately.

Required Documents:

• Birth Certificate (with Apostille): A copy of the original birth certificate issued by the competent authorities of the applicant's country of birth and approved with an apostille (an international form of certification valid for countries party to the Hague Apostille Convention) is required. The apostille confirms the international validity of the document. If the birth certificate is in a foreign language, a notarized Turkish translation must also be attached.

  
  

• Turkish Citizenship Acquisition Documents: All documents related to the individual's Turkish citizenship acquisition process (citizenship decision, citizenship registration certificate, etc.) must be obtained (celbi) from the relevant institutions. These documents prove that the person was granted Turkish citizenship as an immigrant.

  
  

• Identity Documents: The identity card/ID card and other identity documents of the person requesting the correction.

  
  

Persons Who Can File a Lawsuit

Lawsuits for the correction of birth place and date can be filed by individuals whose records contain errors, or by their heirs if they have passed away.

Those Who Can File:

• The Person Whose Record is to be Corrected: The person whose birth place or date is erroneous can personally file the lawsuit.

  
  

• Heirs: If the person whose record is to be corrected has passed away, their heirs can also file a lawsuit for the correction of the population record, along with the necessary documents. In this case, a certificate of inheritance must also be submitted to the court.

  
  

• Public Prosecutors: Lawsuits for the correction of population records can be filed not only by the individuals requesting the correction but also by public prosecutors upon the necessity shown by the relevant official authority.

  
  

Lawsuit Process

Population record correction lawsuits are heard and decided under a special procedure.

• Filing the Lawsuit: The lawsuit is filed by applying to the competent Civil Court of First Instance with the petition and attached documents.

  
  

• Presence of the Population Director or Authorized Population Officer: Population record correction lawsuits are heard and decided in the presence of the population director or a population officer appointed by them. This is an important procedure to ensure the official nature and accuracy of population records. The population administration assists the court in the lawsuit process by providing necessary information and records.

  
  

• Decision: The court evaluates the evidence presented and the opinions of the population administration and renders a decision. Upon the finalization of the decision, the corrections in the population records become official."