Acquiring Citizenship Through Marriage

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Acquiring Citizenship Through Marriage

As Uzunpınar & Tüfek International Law Office, we provide comprehensive and professional legal consultancy to our domestic and foreign clients in the fields of acquisition of Turkish citizenship, immigration law, and citizenship applications. One of the most commonly encountered ways of acquiring citizenship in practice is the acquisition of Turkish citizenship through marriage, which is an exceptional right granted to foreign nationals provided that certain conditions are met. However, this process may often be prolonged or result in rejection due to misinformation or incomplete applications.

Citizenship through marriage is not a right that is acquired automatically. The marriage of a foreign national to a Turkish citizen alone is not sufficient for acquiring Turkish citizenship. Pursuant to Article 16 of the Turkish Citizenship Law No. 5901; it is required that the foreign spouse has been married for a certain period of time, that the marriage is actually ongoing, and that it is proven that the marriage was not entered into solely for the purpose of acquiring citizenship. Within this scope, security investigations conducted by the administration, interviews, and examinations of the marital union are of great importance.

In practice, applications may be rejected due to the absence of an actual marital union, address inconsistencies, suspicion of a formal (sham) marriage, or reasons related to public order and national security. Therefore, conducting the process in a lawful and complete manner from the very beginning is of critical importance to prevent loss of rights for the applicant. As Uzunpınar & Tüfek International Law Office, we provide effective legal support in the preparation of citizenship applications through marriage, preparation for interviews, annulment lawsuits against rejection decisions, and administrative application processes.

FREQUENTLY ASKED QUESTIONS (FAQ)

  1. What is Turkish citizenship through marriage?

Turkish citizenship through marriage refers to the ability of a foreign national to acquire Turkish citizenship after marrying a Turkish citizen, provided that the conditions stipulated by law are met. This method is an exceptional form of acquiring citizenship and the administration has discretionary authority. The application is not an automatic result of marriage; it may be accepted as a result of examination and evaluation.

  1. Is citizenship automatically acquired by marrying a Turkish citizen?

No. Marrying a Turkish citizen does not automatically result in the acquisition of Turkish citizenship. The foreign spouse must have been married for at least 3 years, the marriage must still be ongoing, and the spouses must be living within a family unity. In addition, it must be proven that the marriage was not entered into for the purpose of acquiring citizenship.

  1. How many years must one be married to apply for citizenship through marriage?

Legally, the foreign spouse must have been married to a Turkish citizen for at least three years, and this period must have continued uninterrupted as of the application date. An application may be made after the three-year period has elapsed; however, applications made before the completion of this period are rejected.

  1. What happens if the marriage does not continue?

If the marital union has ended at the time of application or it is determined that the spouses do not actually live together, the application is rejected. Even after citizenship has been acquired, if it is later determined that the marriage was sham, the acquired citizenship may be revoked. Therefore, the authenticity of the marital union is extremely important.

  1. What conditions are required for an application for citizenship through marriage?

The applicant must;

Be married for at least 3 years
The marriage must actually be ongoing
Not pose an obstacle in terms of public order and national security
Live within a family unity
Not have entered into a sham marriage

These conditions are examined meticulously by the administration.

  1. What can be done if the application for citizenship through marriage is rejected?

In the event of rejection, an annulment lawsuit may be filed before the administrative court within 60 days from the notification of the rejection decision. In practice, many rejection decisions may be annulled due to unlawful assessments. Therefore, it is of great importance that the process is followed by an immigration and citizenship law attorney.

  1. How does the interview process work?

During the application process, the spouses may be interviewed separately by the competent authorities. During the interviews, questions are asked regarding the date of marriage, living arrangements, family structure, daily life, and information about each other. Contradictory statements may lead to rejection of the application. Therefore, it is important to prepare consciously for the interview process.

  1. Is a security investigation conducted in citizenship through marriage?

Yes. A security investigation and archive research are conducted regarding the applicant. Terrorism, organized crime, activities threatening public security, or suspicion of a sham marriage may lead to rejection of the application. This assessment falls within the discretionary authority of the administration.

  1. Is it possible to acquire citizenship through marriage if the marriage took place abroad?

Yes. The fact that the marriage took place abroad does not prevent the acquisition of Turkish citizenship through marriage. However, the marriage must be registered in the Turkish population registry. Citizenship applications are not accepted without such registration.

  1. Why is attorney support important in applications for citizenship through marriage?

This process has a complex structure involving administrative discretion, interviews, security investigations, and legal evaluations. Missing documents, incorrect statements, or procedural violations may lead to rejection of the application. An experienced immigration and citizenship law attorney ensures that the process is managed correctly. As Uzunpınar & Tüfek International Law Office, we provide effective and result-oriented legal support to our clients throughout the entire citizenship application process through marriage.