Introduction

Marriage to a Turkish citizen constitutes one of the ways for foreign nationals to acquire citizenship of the Republic of Turkey. However, this right is not obtained automatically and solely through the bond of marriage. Article 16 of the Turkish Citizenship Law No. 5901 and Articles 25 to 30 of the Regulation on its implementation meticulously regulate the specific conditions, application procedures, and important details regarding the acquisition of Turkish citizenship by marriage. In this article, as SKF Vision Law, we will comprehensively cover the conditions that foreigners wishing to acquire Turkish citizenship through marriage to a Turkish citizen must meet, how the application process works, and which documents are required in this process.

What are the Basic Requirements for Turkish Citizenship by Marriage?

A foreign national married to a Turkish citizen must fully meet the following basic requirements to be eligible to apply for Turkish citizenship:

Marriage Duration and Actual Continuity:

As of the application date, it is mandatory to have been officially married to the Turkish spouse for at least three (3) years. This period is calculated from the date the marriage was officially solemnized. In addition to this three-year period, the marriage must be de facto ongoing at the time of application and during the evaluation process. It is not considered sufficient for the marriage to exist merely as a legal bond; it is required that the spouses maintain a genuine union.

Living Together in a Family Union:

It is essential that the spouses are living a common life within a family union. This is considered an indicator of the sincerity and continuity of the marriage. The application authorities may try to confirm this situation through various methods (e.g., interviews, inquiries with neighbors or the village headman). Living apart for temporary and reasonable causes (such as for work or education in different cities or countries) may not mean the family union is broken and is evaluated on a case-by-case basis.

Not Engaging in Activities Incompatible with the Marital Union:

The applicant foreign spouse must not engage in behaviors contrary to the dignity of the marital union and societal values, which are incompatible with the bond of marriage. The Regulation specifically exemplifies this with acts such as "engaging in prostitution or mediating for prostitution." In general, it is expected that any action that would harm the sanctity of the institution of marriage be avoided.

No Obstacle in Terms of National Security and Public Order:

It is of vital importance that the applicant does not pose any threat to the national security or public order of the Republic of Turkey, is not in a questionable situation, and has no record or intelligence to that effect. In this context, as with all citizenship applications, a detailed security investigation and archive search are conducted on the applicant.

Special Situation in Case of Death of the Turkish Spouse After Application

The second paragraph of Article 16 of the Turkish Citizenship Law introduces an important exception: If the Turkish spouse passes away after the citizenship application has been made but before a decision is rendered, the "living together in a family union" requirement is waived. If all other conditions (at least three years of marriage, good faith, no obstacle to national security, etc.) are met, the application process continues and can result in a positive outcome.

Preservation of Good Faith in Case of Marriage Annulment (Legal Invalidity)

Pursuant to the third paragraph of Article 16 of the Law and Article 31 of the Regulation, if the marriage of a foreigner who acquired Turkish citizenship through marriage is later annulled by a court decision (deemed legally void from the beginning), the foreign spouse does not lose their Turkish citizenship if they acted in good faith at the time of marriage (i.e., they did not know or could not have known about the reason for the marriage's invalidity). This is directly related to the determination of the person's good faith. Children born from an annulled marriage, however, retain their Turkish citizenship regardless of their parents' good faith in the marriage.

How Does the Citizenship by Marriage Application Process Work Step-by-Step?

The application process for Turkish citizenship by marriage is a formal procedure involving specific stages:

1. Checking Conditions and Document Preparation: The applicant must first ensure they meet all the legal requirements detailed above. Then, the necessary documents specified in Article 26 of the Regulation, which we will list below, are prepared completely and properly.
2. Application to the Competent Authority: Applications are made in person by the foreign spouse or through an attorney with a special power of attorney for this right, to the following authorities:
   • Within Turkey: To the governor's office (usually the Provincial Directorate of Population and Citizenship) in the legal place of residence of the foreign spouse in Turkey.
   • Abroad: To the Turkish Republic's foreign missions (Embassy or Consulate General) in the country where the foreign spouse legally resides.
3. Preliminary Examination and Investigation: The application authority (governor's office or foreign mission) checks whether the submitted documents are complete and in proper order. A detailed investigation is initiated regarding whether the marriage is a genuine union, whether the spouses live together in a family union, and whether the foreign spouse engages in any activity incompatible with the marital union. This investigation may include separate and joint interviews with the spouses, hearing witnesses, and other necessary examinations.
4. Police Investigation (for applications within Turkey): The governor's office requests an investigation of the foreign spouse from the Provincial Police Department. This investigation aims to determine whether the foreign spouse poses an obstacle in terms of national security and public order, whether they live in a family union, and whether they engage in activities incompatible with marriage (Regulation Article 28).
5. Citizenship Application Review Commission Interview (for applications within Turkey): The file, along with the investigation results and other collected information, is submitted to the Citizenship Application Review Commission established within the governor's office. The commission interviews both spouses (separately and together) to assess the sincerity and continuity of the marriage and whether it is aimed at acquiring citizenship (Regulation Article 29).
6. Submission of the File to the Ministry of Interior and Final Decision: The application file, created based on the commission's positive opinion and all completed investigations, is sent to the General Directorate of Population and Citizenship Affairs of the Ministry of Interior for a final decision. As a result of the final evaluation by the Ministry, it is decided that individuals who are found to meet all the conditions and have no objection in terms of national security will acquire Turkish citizenship. The requests of those found not to meet the conditions are rejected with justification.
7. Notification of the Decision and Registration in the Civil Registry: The decision to grant citizenship is officially notified to the applicant. Following the decision, the person is registered in the civil registry as a Turkish citizen, and the necessary procedures are initiated for them to obtain a Republic of Turkey identity card and passport.

What are the Basic Documents Required for a Citizenship by Marriage Application?

Pursuant to Article 26 of the Regulation, the basic documents required for a Turkish citizenship application by marriage are as follows (it should be noted that the application authority always reserves the right to request additional documents depending on the specifics of the situation):

• Petition Form Stating the Request: A standard application form containing the citizenship request, duly filled out and signed.
• Civil Registry Extract of the Turkish Spouse: An updated and certified civil registry extract showing all events (birth, marriage, divorce, etc.), which will be obtained by the application authorities through the system.
• Passport or Similar Document: The foreign spouse's valid passport or an official travel document that serves as a passport, showing their citizenship. If the person is stateless, a document proving this status, if obtainable.
• Official Document Showing Identity Information: An official document from the competent authorities of the foreign spouse's own country containing their identity information (such as date of birth, place of birth, mother's and father's names, e.g., a birth certificate). It is generally mandatory for this document to be apostilled or certified by a Turkish consulate and to be submitted with a notarized Turkish translation.
• Residence Permit (If Legally Residing in Turkey): The most recent and valid residence permit document showing that the foreign spouse is legally residing in Turkey as of the application date.
• Criminal Record: If there is a final court decision against the foreign spouse for any crime, a certified copy of this decision. Updated criminal records from both their home country and (if residing in Turkey for a long time) from Turkey may generally be requested.
• Document for Determining the Month and Day of Birth (If Necessary): If the date of birth is only specified as a year in identity documents, an official document from the competent authorities of their country to clarify the month and day, or a signed declaration from the applicant accepting that this action will be taken.
• International Marriage Certificate: The original and a legible photocopy of the international marriage certificate, which is the official proof of the marriage (the original to be presented).
• Biometric Photograph: Passport-sized photographs of the applicant foreign spouse, taken within the last six months, compliant with biometric standards, on a white background.
• Service Fee Receipt: The official receipt showing that the service fee determined by the state for that year for the citizenship application has been paid to the relevant tax office.

Points to Pay Special Attention to During the Application Process

To ensure a successful application, special attention should be paid to the following points:

• Authenticity and Sincerity of the Marriage: The most emphasized issue by the authorities during the application process is that the marriage is not a sham but is based on a genuine union and the purpose of a shared life. Marriages that raise strong suspicions of being solely for acquiring citizenship or are found to be so can lead to the definite rejection of the application or even the subsequent revocation of acquired citizenship.
• Providing Accurate and Complete Information: It is vitally important that the information provided in the application forms and all submitted documents is absolutely correct, current, and complete. Intentionally false or misleading statements can not only lead to the rejection of the application but also to serious legal sanctions in the future.
• Being Prepared for Investigations and Interviews: The police investigation and especially the commission interviews at the governor's offices are important and decisive stages of the process. Being prepared for these stages, and giving honest, sincere, consistent, and non-contradictory answers to the questions asked, contributes to leaving a positive impression on the authorities and to the sound evaluation of the application.
• The Importance of Professional Legal Support: The citizenship application by marriage is a process that requires more legal detail and diligence than it may seem. Obtaining professional support from a law firm experienced in this field, such as SKF Vision Law, for the correct and complete preparation of the application, proper follow-up of the process, and the early identification and resolution of potential problems, significantly increases the chances of success and prevents potential loss of rights.

Conclusion

Acquiring Turkish citizenship through marriage to a Turkish citizen is an important and meaningful path that opens the doors for foreign nationals to establish a deep-rooted and secure life in Turkey and to become an integral part of Turkish society. However, for this journey to be completed successfully and smoothly, it is necessary to fully understand the legal requirements, to prepare all necessary documents with great care, to strictly and carefully adhere to the application procedures, and to act consciously at every stage of the process. Wrong or incomplete steps can cause the process to be unnecessarily prolonged or, unfortunately, lead to a negative outcome. Therefore, to avoid any loss of rights and to manage the process in the most correct and effective way, obtaining professional legal consultancy from experts in this field is of great importance.