ACQUIRING CITIZENSHIP THROUGH MARRIAGE

A. THE STATUS OF ACQUIRING CITIZENSHIP THROUGH MARRIAGE IN TURKISH LEGISLATION
Regulations regarding the acquisition of citizenship through marriage have undergone many changes and developments over time. The initial regulations regarding the acquisition of citizenship through marriage stipulated that only women could acquire citizenship through their husbands. In other words, acquiring citizenship through marriage was a right granted only to women. However, over time and with evolving socio-cultural phenomena, this sexist and discriminatory approach has generally been abandoned, and women and men have been treated equally.
Article 16 of the Turkish Citizenship Law No. 5901 of 2009:
(1) Marriage to a Turkish citizen does not automatically confer Turkish citizenship. However, foreigners who have been married to a Turkish citizen for at least three years and whose marriage continues may apply to acquire Turkish citizenship. Applicants must:
The following conditions are required: a) Living within a family unit,
b) Not engaging in any activity incompatible with the marriage union,
c) Not having any circumstances that would constitute an obstacle to national security and public order.
(2) If the marriage is dissolved due to the death of the Turkish citizen spouse after the application, the condition in subparagraph (a) of the first paragraph shall not be required.
(3) Foreigners who acquire Turkish citizenship through marriage shall retain their Turkish citizenship if the marriage is declared null and void, provided they enter into the marriage in good faith.
B. CONDITIONS FOR ACQUIRING TURKISH CITIZENSHIP THROUGH MARRIAGE
Article 16 of Turkish Citizenship Law No. 5901 regulates the conditions for acquiring Turkish citizenship through marriage.
• The marriage must be at least three years old,
• The spouses must live within a family unit,
• The marriage must continue,
• The foreigner must not engage in any activities incompatible with the marriage,
• He/she must not be in a situation that would constitute an obstacle to national security and public order.

1. Marriage of at least three years
To acquire citizenship through marriage, the marriage must have lasted at least three years.

2. Living in a family unit
In addition to having at least three years of marriage, the spouses must also live in a family unit for the application to be eligible. The existence of this condition is determined through an investigation and research conducted by the Ministry. According to the Regulation, the investigation and investigation in question are conducted by the Provincial Police Department.

3. Continuity of the Marriage
The application is also contingent on the continuance of the marriage. In other words, the marriage must be ongoing at the time of the application. Furthermore, Article 25, Paragraph 2, Subparagraph b of the Regulation states that the application will not be accepted if "the marriage has ended due to reasons such as divorce or death before the application date."

4. Not engaging in any activity incompatible with the union of marriage
Article 28 of the Regulation, titled "Procedures and Principles Regarding the Investigation Conducted by the Provincial Police Department in the Acquisition of Turkish Citizenship through Marriage," states that activities incompatible with the union of marriage include prostitution and facilitating prostitution. One of the conditions is that the foreign applicant must not engage in any activity incompatible with the union of marriage.

5. Not having any circumstances that would constitute an obstacle to national security and public order
A foreigner applying for citizenship through marriage must not have any circumstances that would constitute an obstacle to national security and public order, as stated in Article 16 of the Law. However, there is no provision explaining the content of this requirement.

In addition to these conditions, the 25th article of the Regulation on the Implementation of the Turkish Citizenship Law, titled “Acquisition of Turkish citizenship through marriage and the principles to be applied by the application authorities in processing the application”, includes among the conditions sought for the foreigner applying “not being under trial for any crime or being convicted or detained”.

C. HOW AND WHERE CAN AN APPLICATION BE MADE FOR ACQUIRING CITIZENSHIP THROUGH MARRIAGE?

If a foreign national wishes to acquire Turkish citizenship through marriage and meets the above requirements, they must collect the necessary documents and apply to the General Directorate of Population and Citizenship Affairs (VATAN) of the Ministry of Interior.

The determination of whether individuals applying for Turkish citizenship through marriage meet the legal requirements is made by citizenship application review committees established in the provinces. Abroad, the competent authority responsible for this review is the foreign missions.

A citizenship file is prepared for those who meet the required requirements and sent to the Ministry for a decision. The Ministry rejects the application for those deemed unsuitable and notifies the relevant party.

D. While there are certain documents required for acquisition of citizenship through marriage, the application process may vary.

• Two copies of each document must be submitted: one original and one photocopy.
• All documents prepared in accordance with Turkish Citizenship Law No. 5901 and related legislation must not contain any discrepancies in identity information. If there is a discrepancy in the identity information of a foreign national, a notarized Turkish translation of the duly certified (apostilled) name equivalence certificate must be submitted.
• Documents received from abroad must be apostilled. (Documents received from the consulate are considered apostilled if they are transferred from the district governor's office.)

You must make an appointment for E-Citizenship Procedures. No procedures are processed without an appointment.

STJ. ATTORNEY ECE ÖZALP
U&T Law - U&T Law and Consulting