I. Introduction
This article examines the acquisition of Turkish citizenship through marriage, which is one of the ways in which Turkish citizenship may be acquired subsequently.
In this context, the conditions required for a citizenship application are first addressed. The notification and registration of marriages concluded abroad in the Turkish civil register are then assessed. Finally, the procedure to be followed in applications made from within Türkiye and from abroad, and the documents required for the application, are explained.
II. Conditions for Applying for Citizenship
The provision governing the acquisition of Turkish citizenship through marriage is set out in Article 16 of Turkish Citizenship Law No. 5901 (“TCL”).
“(1) Marriage to a Turkish citizen does not directly 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. In respect of applicants, the conditions of
a) living in family unity,
b) not engaging in any activity incompatible with the marital union,
c) not having any circumstance constituting an obstacle in terms of national security and public order
are required.
(2) If, after the application, the marriage ends due to the death of the Turkish citizen spouse, the condition in subparagraph (a) of the first paragraph shall not be required.
(3) Foreigners who have acquired Turkish citizenship through marriage shall retain Turkish citizenship in the event that the marriage is declared null and void, provided that they were in good faith in concluding the marriage.”
Under this Article, there are certain preconditions and substantive conditions. As preconditions, the applicant must be married to a Turkish citizen and the marriage must have continued for at least three years. In addition, the substantive conditions are living in family unity, not engaging in any activity incompatible with the marital union, and not having any circumstance constituting an obstacle in terms of national security and public order.
A. Being Married to a Turkish Citizen
First, the applicant foreign spouse must be married to a Turkish citizen. The marriage need not take place in Türkiye, and Turkish citizenship may also be acquired through a valid marriage concluded in a foreign country.
It is irrelevant whether the Turkish citizen spouse holds Turkish citizenship by birth or acquired it subsequently. Where the Turkish citizen spouse acquired citizenship subsequently, this will be taken into account in calculating the duration of the marriage. In that case, the date on which Turkish citizenship was subsequently acquired will be taken as the starting point of the period of marriage.
B. The Marriage Having Continued for Three Years
If the marriage has continued for at least three years, the foreign spouse may apply for Turkish citizenship.
As regards the starting date of the three-year period, if the spouse is a Turkish citizen at the time of the marriage, the date of the civil marriage ceremony is taken as the basis.
Under Article 13 of Code No. 5718 on Private International and Procedural Law (“PIL Code”), the substantive conditions of marriage are governed by the national law of each party at the time of the marriage. Accordingly, with regard to the substantive conditions of marriage, it will be determined, for the spouse who is a Turkish citizen at the time of the marriage, whether there is a valid marriage under the provisions of the Turkish Civil Code (“TCC”).
The law applicable to the form of marriage is determined under Article 13/2 of the PIL Code. Accordingly, the form of marriage is governed by the law of the country in which it is concluded. A marriage concluded abroad must have been validly formed under the applicable law. De facto partnerships that do not qualify as marriage are not taken into account in calculating the three-year period of marriage required under Article 16 of the TCL.
Where one of the spouses subsequently acquires Turkish citizenship, the duration requirement is governed by Article 25/3 of the Regulation on the Implementation of the Turkish Citizenship Law (“Regulation”). Accordingly, the date of acquisition of Turkish citizenship is taken as the basis in calculating the duration of the marriage.
Article 25/3- “If the spouse of the foreigner wishing to acquire Turkish citizenship has subsequently acquired Turkish citizenship, the date of acquisition of Turkish citizenship shall be taken as the basis in calculating the duration of the marriage.”
For the acquisition of Turkish citizenship through marriage, there is no requirement that the foreign spouse live or reside in Türkiye during the three-year period of marriage. Accordingly, a foreign spouse wishing to acquire Turkish citizenship may be living in Türkiye or abroad. In this respect, the legislator focuses not on the foreigner’s residence in Türkiye but on the foreigner having been married to a Turkish citizen for a certain period and on the continuation of the marital union[1].
C. Living in Family Unity
Living in family unity, as a rule, means that the spouses live together. However, temporarily living apart for compelling reasons does not, by itself, eliminate this condition. Therefore, the condition does not merely mean living under the same roof, and the spouses’ intention to maintain the family unity comes to the fore rather than actual cohabitation.
Furthermore, the fulfilment of this condition must be demonstrated concretely and beyond any doubt[2].
D. Not Engaging in Any Activity Incompatible with the Marital Union
The condition of not engaging in any activity incompatible with the marital union refers to the obligation not to commit immoral or unlawful acts that are incompatible with the purpose and nature of a genuine marital relationship[3].
These acts are not listed on a numerus clausus basis. In this context, the administration has discretion, depending on the particulars of the specific case, in assessing which conduct is incompatible with the marital union. In legal doctrine, there are views that conduct capable of constituting grounds for divorce may be assessed within this scope[4].
E. Not Having Any Circumstance Constituting an Obstacle in terms of National Security and Public Order
Through this condition, the State aims to protect its own structure and society.
The purpose of this condition is explained in the legislative preamble as follows:
“By introducing this condition, persons who pose a threat to national security and who act against national interests and the territorial integrity of the country, those who support such activities, those who are in contact with such persons or organisations, and those who engage in activities disrupting public order, such as any rebellion, sabotage, espionage, arms and drug trafficking and forgery of documents, are prevented from acquiring Turkish citizenship.”
In addition, under Article 25/2-c of the Regulation, the application of a foreigner whose trial for any offence is ongoing, or who has been convicted or is detained, is not accepted by the application authority. This precondition is not provided for in Article 16 of the TCL and is regulated only in the Regulation.
III. Notification of Marriages Concluded Abroad
A Turkish citizen and a foreigner may also marry outside Türkiye by complying with the formal rules of the State in which the marriage is concluded[5]. Where the marriage contract is concluded abroad, the parties must make a marriage notification.
Article 24 of Civil Registration Services Law No. 5490 provides that marriages concluded abroad before foreign authorities must be notified to the Turkish diplomatic or consular missions within thirty days. If, for any reason, a marriage concluded abroad cannot be notified to the Turkish diplomatic or consular missions, the marriage notification may be made by submitting the original of the duly certified marriage certificate obtained from the foreign authorities, together with one notarised copy of its Turkish translation, to the civil registry office of the place where the person is located in Türkiye[6].
Article 24- “(1) Marriages concluded by Turkish citizens abroad before competent foreign authorities are valid provided that they comply with the provisions of the Turkish Civil Code No. 4721 dated 22/11/2001 and that there is no ground rendering them null and void. Notification of such marriages shall be made by the husband, or by the wife if the husband is a foreigner, within thirty days at the latest, by submitting or sending the document obtained from the foreign authority that performed the marriage to the Turkish diplomatic or consular mission in that place. The Turkish diplomatic or consular mission receiving the declaration is obliged to duly prepare the marriage notification and send it to the civil registry offices.
(2) Where there is no Turkish diplomatic or consular mission in that place or the notification cannot be made to the Turkish diplomatic or consular mission, the marriage notification may also be made by submitting the marriage certificate obtained from the foreign authorities to a civil registry office in Türkiye, provided that it has been translated into Turkish, duly certified and authenticated by the Ministry of Foreign Affairs. Registration in the register shall be carried out on the basis of the marriage notification prepared on the basis of this document.”
Failure to notify the marriage within the thirty-day period does not, by itself, render a validly formed marriage invalid or result in the nullity of the marriage[7]. The subsequent registration of the marriage in the civil register is an act separate from the date on which the marriage took place[8].
IV. Procedure for Acquiring Turkish Citizenship through Marriage
A. Competent Authority
Under Article 37 of the TCL, applications for the acquisition of Turkish citizenship are made to the governorship of the place of residence in Türkiye, and to the Turkish diplomatic or consular missions abroad. The application may be made by the person concerned in person or by means of a power of attorney for the exercise of this right.
Article 37- “(1) Applications concerning the acquisition and loss of Turkish citizenship shall be made, in person or by means of a power of attorney for the exercise of this right, to the governorship of the place of residence in Türkiye, and to the Turkish diplomatic or consular missions abroad.”
Article 64 of the Regulation on the Implementation of the Turkish Citizenship Law also provides that applications abroad may be made to the Turkish diplomatic or consular missions in person or by means of a special power of attorney for the exercise of this right. Under the same provision, applications made by post are not accepted.
B. Preliminary Examination Stage
Upon the application of a foreigner wishing to acquire Turkish citizenship through marriage, the application authority will first examine whether the conditions for application are met. Under Article 25/2 of the Regulation, the matters to be examined are:
- Having been married to a Turkish citizen for three years,
- The marriage not having ended before the date of application,
- The foreigner not being on trial for any offence and not being a convict or detainee,
- The submission of the documents required under Article 26 of the Regulation.
If any of these is lacking, the application of the person concerned is not accepted and the necessary notification to that effect is served on the person concerned.
C. Documents Required for the Application
Under Article 26 of the Regulation, the application authorities prepare, on behalf of the foreigner applying to acquire Turkish citizenship through marriage, a file consisting of the following documents:
- A form petition stating the request[9],
- The civil registry record of the Turkish citizen spouse, obtained from the system by the application authorities,
- A passport or similar document showing the applicant’s nationality or, if the person is stateless, a document to that effect, provided that it can be obtained,
- A document showing the applicant’s identity details, such as a birth certificate or civil registry record,
- If the applicant’s domicile is in Türkiye, the most recent residence card (residence permit document),
- If there is a final court decision against the applicant for any offence, a certified copy of that decision,
- If the month and day of the applicant’s date of birth are missing, a document obtained from the competent authorities of the applicant’s country to complete the date of birth or, if this document cannot be obtained, a signed statement accepting that action be taken under Article 39 of Civil Registration Services Law No. 5490,
- A receipt showing that the service fee has been paid to the Treasury cash office.
The relevant Turkish diplomatic or consular missions may also request, during the application, documents in addition to those listed in the Regulation, as well as translations of the existing documents.
D. Examination of the Application and Interview
The procedures to be followed in applications for the acquisition of Turkish citizenship through marriage are governed by separate provisions of the Regulation, depending on whether the application is made from within Türkiye or from abroad. The procedure for applications made from within Türkiye is set out in Articles 27–29 of the Regulation, and the procedure for applications made from abroad is set out in Article 30 of the Regulation.
1. Applications Made from within Türkiye
For a foreigner found to meet the conditions for applying for Turkish citizenship through marriage, an application file is prepared with the documents listed in Article 26, and the Provincial Police Department is requested to conduct an investigation concerning the foreigner.
In the investigation conducted by the Provincial Police Department, it is examined whether the foreigner lives in family unity, whether the foreigner engages in activities incompatible with the marital union, and whether there is any circumstance constituting an obstacle to the foreigner’s acquisition of Turkish citizenship in terms of national security and public order. The positive or negative opinion reached as a result of the investigation is entered in the investigation form, and the file is sent, together with the relevant records, to the Provincial Directorate of Civil Registration and Citizenship.
The file is forwarded to the Citizenship Application Review Commission for the necessary examination and inquiry. In order to examine whether the marriage is genuine, the Commission interviews the foreigner and the Turkish citizen spouse separately and together. The opinion reached as a result of the interview is entered in the relevant form, and the file is sent to the Ministry of Interior for a decision.
2. Applications Made from Abroad
In applications made from abroad, the examination and interview procedures carried out in Türkiye by the Citizenship Application Review Commission are performed by the vice-consul responsible for consular affairs or by a higher-ranking official. After it is determined that the applicant meets the necessary conditions and the application is accepted, an interview is held at the Turkish diplomatic or consular mission. The competent official, as in the procedure within Türkiye, hears the foreigner wishing to acquire Turkish citizenship and the Turkish citizen spouse both separately and together, and examines whether the marriage is genuine or whether it was concluded for the purpose of obtaining Turkish citizenship. If the legislation of the State in which the foreigner is located so permits, a criminal record is requested. In addition, it is examined whether the marriage between the foreigner and the Turkish citizen spouse is entered in the records of the official authorities[10].
E. Decision Stage
Under Article 19 of the TCL, for foreigners who wish to acquire Turkish citizenship by decision of the competent authority and who meet the conditions required for the application, a citizenship file is prepared and sent to the Ministry for a decision. Persons whose situation is found appropriate as a result of the examination and inquiry conducted by the Ministry may acquire Turkish citizenship by decision of the Ministry. The requests of those not found appropriate are rejected[11].
Under Article 10 of the TCL, meeting the conditions required by law does not grant the person concerned an absolute right to acquire citizenship. Therefore, the existence of the conditions required for acquiring citizenship through marriage does not result in the applicant automatically acquiring Turkish citizenship.
Under Article 20/1 of the TCL, decisions on the acquisition of Turkish citizenship take effect as of the date of the decision. Fulfilling the application conditions does not directly confer citizenship, and a decision of the Ministry of Interior is required for this purpose[12].
V. Conclusion
The acquisition of Turkish citizenship through marriage is subject to the conditions of having been married to a Turkish citizen for at least three years with the marriage continuing, living in family unity, not engaging in any activity incompatible with the marital union, and not having any circumstance constituting an obstacle in terms of national security and public order.
In calculating the three-year period, the date on which the valid marriage was formed is taken as the basis if the spouse was a Turkish citizen on the date of the marriage, and the date of acquisition of citizenship is taken as the basis if the spouse subsequently acquired Turkish citizenship. Late notification of a marriage concluded abroad to the Turkish civil register does not invalidate the marriage, and the three-year period runs from the date of the marriage, not from the date of registration. However, since the civil registry record of the Turkish citizen spouse is required in the application file, the marriage must have been registered in the civil register before the application.
Upon an application for citizenship through marriage, a file consisting of the required documents is prepared, and the marital union and the other application conditions are examined. Although the authorities conducting the examination differ for applications made from within Türkiye and from abroad, in both cases the foreign spouse and the Turkish citizen spouse are interviewed and the file is sent to the Ministry of Interior for a decision. Fulfilling the application conditions does not directly result in the acquisition of citizenship, and citizenship is acquired by a positive decision of the competent authority.
This information note has been prepared for general information purposes on the basis of the legislation in force as of the date of publication. It does not constitute a legal opinion or legal advice. In applications for citizenship through marriage, the outcome depends on factors that vary from case to case, such as the place and date on which the marriage was concluded, the citizenship status of the spouses, whether the application is made from within Türkiye or from abroad and, ultimately, the discretion of the administration. Each application should be assessed separately in light of its own particular facts and documents. Applying the explanations in this note directly to a specific case may lead to incorrect or incomplete results. We therefore recommend consulting a lawyer before making any application or taking any action.
[1] Özge Bilge, Thesis, “Evlenme Yoluyla Türk Vatandaşlığının Kazanılması”, 2020, p. 216.
[2] Council of State, 1st Chamber, Docket No. 2017/145, Decision No. 2021/5759.
[3] Bahadır Erdem, Türk Vatandaşlık Hukuku, 2016, p. 164.
[4] Ergin Nomer, Türk Vatandaşlık Hukuku, p. 98.
[5] PIL Code, Art. 13/2.
[6] https://www.nvi.gov.tr/sss-nufus-hizmetleri.
[7] Court of Cassation, Assembly of Civil Chambers, Docket No. 2023/470, Decision No. 2024/295.
[8] Court of Cassation, Assembly of Civil Chambers, Docket No. 1993/949, Decision No. 1994/189.
[9] Form Vat-6: https://www.nvi.gov.tr/kurumlar/nvi.gov.tr/mevzuat/nufusmevzuat/Formlar/Vatandaslik/Vat6_Evlenme.pdf.
[10] Regulation, Art. 30/1, 2 and 4.
[11] Regulation, Art. 30/4; Richard Feld, Thesis, “Çifte Vatandaşların Evlenme ve Boşanmalarının Hukuki Sonuçları”, 2023, p. 57.
[12] Aylin Azarkan, Thesis, “Türk Vatandaşlığının Evlilik Yoluyla Kazanılması”, 2024, p. 114.