Acquiring Turkish Citizenship Through Marriage: Legal Framework, Practical Issues and Judicial Review

1. Introduction

One of the ways for foreigners to acquire Turkish citizenship is through marriage to a Turkish citizen. However, contrary to popular belief, this does not grant automatic citizenship; certain conditions must be met, and the administration must give a favorable evaluation. In practice, this process involves both legal and practical challenges and can sometimes result in arbitrary decisions. This article examines the citizenship process through marriage in both legal terms and in light of judicial decisions, explaining key problems, solutions, and important points for applicants.

2. Legal Basis

Turkish Citizenship Law No. 5901

According to Article 16:- A foreigner who has been married to a Turkish citizen for at least three years,- Whose marriage is still ongoing,- Lives in a family unity,- Has not engaged in activities incompatible with the marital union, and- Does not pose a threat to national security or public order,may apply for Turkish citizenship.

Implementation Regulation

According to the regulation published in the Official Gazette dated 06.04.2010:- An interview is conducted, and an evaluation form is filled out by the commission.- The authenticity of the marriage, cohabitation status, presence of children, lifestyle, and neighborhood inquiries are taken into consideration.- Security investigations by the police, intelligence, and other authorities are decisive.

3. Common Problems in Practice

3.1. Broad Discretion of the Administration

The administration holds broad discretion during the evaluation of applications. This discretion is sometimes exercised without concrete justification, based solely on suspicion or possibility.

3.2. National Security and Public Order Concerns

Applications may be rejected on the grounds of 'security risk,' especially when one spouse works in the public sector. However, the vague definition of these concepts creates unpredictability for applicants.

3.3. Assessment of Genuine Marital Union

Applicants may be subjected to investigations or interviews and face allegations of sham marriages based on their responses, without objective criteria.

4. Judicial Review (Anonymized)

Relevant Court: Ankara 21st Administrative Court

Case No: 2023/993Decision No: 2024/409A foreign national who had been married to a Turkish citizen woman for more than three years applied for citizenship. The application was rejected by the Ministry of Interior on the grounds that the applicant’s spouse worked in a sensitive public institution, they lived in military housing, and the General Directorate of Security issued an adverse opinion. However, the National Intelligence Organization (MIT) gave a favorable opinion.

Court’s Reasoning

The court found that the couple had a genuine marriage, were living together, and there was no evidence to the contrary. It concluded that the rejection based solely on the police’s vague concern without concrete evidence was unlawful and ruled for the annulment of the administrative act.

5. Frequently Asked Questions (FAQs)

• Does marriage to a Turkish citizen grant automatic citizenship?No. Marriage alone does not provide citizenship rights.

• Will I lose my citizenship if I divorce after naturalization?No, but if the marriage was found to be fraudulent, citizenship may be revoked.

• What does the security investigation involve?Police and intelligence authorities check your background, criminal record, residence, and social connections.

• What can I do if my application is rejected?You may file an annulment lawsuit in administrative court.

6. Expert Advice

• Submit complete documentation.

• Prepare carefully for the interview.

• Get legal assistance when needed.

• Do not underestimate the importance of the security check.

7. Conclusion

Marriage-based Turkish citizenship is an administrative process tied to strict conditions. However, real-world implementation often creates difficulties for applicants. Judicial decisions provide essential oversight against arbitrary rejections. For a smooth process, legal compliance and professional support are highly recommended.