Marriage-Based Turkish Citizenship: Conditions, Process, Revocation and Legal Remedies

Introduction

Marriage-based Turkish citizenship is an attractive option for many foreign nationals. However, marriage does not automatically grant citizenship; the conditions set by law must be met, the application process must be conducted properly, and possible appeal or lawsuit procedures must be known. In addition, in certain cases after obtaining citizenship, this right may be revoked. This article comprehensively examines both the acquisition of citizenship and the risks of revocation, along with the relevant judicial remedies.

1. Marriage-Based Turkish Citizenship: Legal Framework

1.1. Legal Basis

• Article 16 of the Turkish Citizenship Law No. 5901 regulates the acquisition of Turkish citizenship through marriage.
• According to this provision, the act of marriage alone does not grant citizenship; certain legal requirements must be fulfilled.

1.2. Required Conditions

To be eligible to apply for citizenship through marriage, the following conditions prescribed by law must be met:

Condition	Explanation	Notes / Details
Being married for at least 3 years	The foreigner and their Turkish citizen spouse must have been married for at least 3 years at the time of application.	The duration need not be entirely uninterrupted; temporary separations may be subject to review.
Marriage still continuing	The marriage must not have been terminated at the time of application.	In case the Turkish spouse dies after the application, a special regulation may apply.
Living together as a family	The couple must live together and have a shared household.	Temporary separations do not always lead to rejection.
Not engaging in activities incompatible with marriage	The applicant must not behave in a way that undermines the marital relationship.	What constitutes “incompatibility” is subject to administrative and judicial discretion.
No threat to national security or public order	The applicant’s criminal record, intelligence background, and security status are examined.	This criterion is applied under administrative discretion but remains open to judicial review.

Additionally:

• The marriage must be officially valid and properly registered in the civil registry or consulate (especially for marriages abroad).
• The applicant must not have engaged in acts contrary to Turkish citizenship, have a criminal record, or have caused harm to public order.

2. Application Process and Stages

2.1. Application Authority

• Marriage-based citizenship applications are carried out through the Ministry of Interior, Directorate General of Civil Registration and Citizenship Affairs.
• In Turkey, applications are evaluated by provincial citizenship examination commissions.
• For applications abroad, Turkish embassies or consulates handle the process, and documents must be submitted with certified translations.
• Applications are usually made in person by appointment.

2.2. Required Documents

Requested documents may vary, but commonly include:

1. Application form / petition
2. Population registration certificate of the Turkish citizen spouse
3. Applicant’s passport / ID / birth certificate
4. Marriage certificate / marriage registration document
5. Residence permit (if residing in Turkey)
6. Turkish language proficiency certificate (if required)
7. Criminal record certificate
8. Biometric photographs
9. Proof of joint residence
10. Additional documents (interview form, commission reports, security investigation, etc.)

2.3. Evaluation, Investigation and Decision

• The authority reviews the documents and may request completion if any are missing.
• Security and intelligence checks are carried out through Provincial Police Directorates.
• The commission evaluates the sincerity of the marriage, cohabitation status, and risk factors.
• If the result is positive, citizenship registration is completed; if negative, a rejection decision is issued.
• The decision and its reasons are notified to the applicant.

2.4. Duration

The processing time varies; in cases with complete documentation, applications are generally concluded within 1 to 2.5 years.

3. After Acquiring Citizenship: Divorce and Invalid Marriages

3.1. Divorce

• After acquiring Turkish citizenship through marriage, divorce does not automatically revoke citizenship. Citizenship is a “vested right.”
• However, if allegations arise that the marriage was fake, a revocation lawsuit may be filed.

3.2. Invalid (Annulled) Marriage

• If a court declares the marriage null and void (annulment), the person who obtained citizenship through that marriage may lose it.
• Important exception: if the parties acted in good faith, unaware of the invalidity of the marriage, citizenship may be retained.
• In summary: if there is both annulment and bad faith, revocation may occur; otherwise, citizenship remains valid.

4. Revocation of Citizenship: Grounds and Procedures

Revocation of citizenship can only occur under legal grounds and administrative discretion. For citizenship acquired through marriage, revocation conditions are more limited.

4.1. Grounds for Revocation

Possible grounds include:

• Fake marriage: If it is determined that the marriage was entered into solely to obtain citizenship.
• Loss of good faith: Concealed circumstances or false information during marriage (e.g., forged documents).
• Threat to national security or public order: Engaging in activities harmful to the state after obtaining citizenship.
• False statements or forged documents: Using fake or misleading information during application.
• Emergence of new facts: Later discovery of crimes or intelligence information unknown at the time of application.

4.2. Procedure and Effects

• The decision to revoke citizenship is an administrative act.
• The revocation takes effect from the date of the decision; actions performed while the person was a citizen remain valid.
• Revocation generally does not affect the citizenship of the spouse or children, except in specific cases.
• Revocation does not automatically result in deportation; however, the individual reverts to “foreigner” status, and residence permit or deportation procedures may follow.

5. Rejection of Application and Legal Remedies

During the process, rejection of citizenship applications is common; therefore, it is important to know the available appeal and legal remedies.

5.1. Administrative Objection

• An objection may be filed within 60 days of notification of the rejection decision.
• This forces the administration to review the decision again.
• However, the objection process is not mandatory; one may directly file a lawsuit before the administrative court.
• Filing an objection suspends the lawsuit period; if the objection is rejected or unanswered, the time limit resumes.
• In practice, objections are rarely effective and often cause loss of time or even missed litigation deadlines.

5.2. Annulment Lawsuit

• A rejection decision may be challenged before the administrative court through an annulment lawsuit.
• The lawsuit must be filed within 60 days from the notification date.
• The competent court is the Ankara Administrative Court (as the Ministry of Interior and Directorate General are based in Ankara).
• The petition may argue that the decision is unlawful, exceeds administrative discretion, is based on incomplete examination, or lacks justification despite complete documentation.
• The court reviews investigation reports, security assessments, and the reasoning of the administration.
• The court may annul the rejection or dismiss the case.

5.3. Important Points During Litigation

• Missing deadlines can have serious consequences; the notification date should be documented.
• The petition should emphasize procedural errors, deficiencies in the public order or security assessments, and concrete evidence of the marriage’s genuineness.
• Judgments may be appealed to the Regional Administrative Court or the Council of State (Danıştay).
• The administrative decision must be adequately reasoned and justified.

Marriage-Based Turkish Citizenship – Frequently Asked Questions (FAQ)

1. What is marriage-based Turkish citizenship?

It allows a foreigner who has been married to a Turkish citizen for at least three years and is still living in a genuine marriage to acquire Turkish citizenship under Article 16 of Law No. 5901.

2. Does marriage automatically grant citizenship?

No. Marrying a Turkish citizen does not automatically confer citizenship.
A formal application to the Ministry of Interior is required, and it must pass administrative and security review.

3. How long must one be married to apply?

At least three years of marriage are required at the time of application, and the marriage must still continue.
Applications from couples not living together are usually rejected.

4. What are the validity requirements for the marriage?

The marriage must be legally valid under Turkish law.
A religious marriage alone has no legal effect.
Marriages performed abroad must be registered with a Turkish consulate or civil registry.

5. What documents are required?

Commonly requested documents include:

• Application form
• Marriage certificate or registration record
• Applicant’s passport and ID
• Turkish spouse’s population registration
• Joint residence proof
• Biometric photos, criminal record, medical report
• Residence permit (if living in Turkey)

6. Where to apply?

Applications are made to the Provincial Directorates of Civil Registration and Citizenship in Turkey.
Applicants must appear in person; applications through representatives are not accepted.

7. How long does the process take?

It typically takes 1–2.5 years, depending on security checks, document completeness, and workload.
In some cases, it may take up to 3 years.

8. What happens if the marriage is found to be fake?

If the marriage was made solely to obtain citizenship, the application is rejected.
Even if citizenship has been granted, it can later be revoked upon discovery of a fake marriage.

9. Does divorce after citizenship lead to loss of citizenship?

No. Divorce does not cancel citizenship since it becomes a vested right.
However, if later investigations reveal that the marriage was fake from the start, revocation may occur.

10. Does annulment of marriage cause loss of citizenship?

Yes, if a court declares the marriage invalid from the beginning, citizenship may be revoked.
But if the person entered into marriage in good faith, unaware of the invalidity, citizenship remains valid.

11. What are the main reasons for revocation of citizenship?

• Fake marriage
• False statement or forged document
• Violation of public order or national security
• Marriage lacking genuine intent
  In these cases, the Ministry of Interior has the authority to revoke citizenship.

12. Is a person deported if citizenship is revoked?

Not automatically.
However, since the person reverts to “foreigner” status, lacking a valid residence permit may result in deportation or administrative detention.

13. What can be done if the citizenship application is rejected?

Two remedies exist:

1. Administrative objection within 60 days of notification.
2. Annulment lawsuit before the Ankara Administrative Court within 60 days.

14. What is the time limit for filing a lawsuit?

A lawsuit must be filed within 60 days from the notification date.
Missing this deadline results in dismissal; thus, the notification date must be proven.

15. What kind of lawsuit is filed against revocation?

Revocation is an administrative act.
Therefore, an annulment lawsuit is filed before the Ankara Administrative Court.

16. How long does a revocation case take?

It usually takes 8 months to 1.5 years to conclude.
With appeal and cassation stages, the total duration may reach 2 years.

17. Do children of those who acquire citizenship through marriage also become Turkish citizens?

Yes. Children born during the marriage are considered Turkish citizens.
If citizenship is later revoked, children’s status is assessed separately — generally, their citizenship is preserved.

18. Can one apply if the Turkish spouse dies?

Yes. If the marriage lasted at least 3 years and the spouse passed away during the marriage, the surviving foreign spouse can still apply, provided the marriage was genuine.

19. Can a person reapply if citizenship is revoked?

Yes, but only if the reason for revocation has been eliminated.
For example, if it was due to a fake marriage or false documents, corrective evidence must be provided before reapplying.

20. What should applicants pay attention to?

• The marriage must be genuine.
• Proof of cohabitation should be presented.
• Residence permits must be continuous.
• No criminal record.
• Complete and timely submission of documents.
  These factors are crucial for a successful outcome.