CitizenshipAcquisition of Turkish Citizenship by Marriage

Turkish citizenship can be acquired by birth or acquired subsequently within Turkish legislation within the scope of the Turkish Citizenship Law, the Law on Private International Law and Procedural Law, the Turkish Civil Code and other laws and international conventions. Citizenship consists in the establishment of a political and legal link between a natural person and the state. Each country subjects the acquisition or loss of citizenship to certain conditions in accordance with international conventions and its domestic legislation. Acquisition of Turkish citizenship through marriage is a type of citizenship acquired through the decision of the competent authority. In this article, the acquisition of Turkish citizenship through marriage and the conditions to which it is subject will basically be examined.

What is Turkish citizenship?

Turkish citizenship is defined in the Constitution of the Republic of Turkey as “Everyone who is bound to the Turkish state by the bond of citizenship is a Turk.” A Turkish citizen, by virtue of this status, shall enjoy the rights granted by the Constitution of the Republic of Turkey and the legislation and shall fulfill the obligations expected of him/her. A Turkish citizen may request diplomatic protection from the Republic of Turkey against unjust acts and practices to which he/she is subjected by foreign states in violation of international law.

What is the acquisition of Turkish citizenship?

Turkish Citizenship The Turkish Citizenship Law No. 5901 categorizes the acquisition of Turkish citizenship in two main groups. According to the law, Turkish citizenship can be acquired either by birth or later.

ARTICLE 5: “Turkish citizenship is acquired by birth or later.”

Turkish citizenship acquired by birth is a spontaneous citizenship, either by descent or by place of birth. It is effective from the moment of birth. It is an automatic citizenship by law, not dependent on any person’s request or demand. It is referred to as primary citizenship.

Subsequent citizenship is acquired by decision of the competent authority, by adoption or by exercising the right to vote. Turkish citizenship acquired by the decision of the competent authority becomes valid from the date of the decision, in the case of adoption from the date of the decision, and in the exercise of the right to vote from the date of the decision on the exercise of this right. This type of citizenship is also called acquired citizenship.

What is acquisition of Turkish citizenship by marriage?

Acquisition of Turkish citizenship through marriage is a type of citizenship acquired through the decision of the competent authority. The marriage of a foreigner to a Turkish citizen does not automatically confer Turkish citizenship upon him/her, nor does it give him/her the right to demand Turkish citizenship. The acquisition of Turkish citizenship by a foreigner who marries a Turkish citizen, whether male or female, depends on the fulfillment of certain conditions and on the decision of the Ministry of Interior to acquire Turkish citizenship.

What are the conditions for acquiring Turkish citizenship through marriage?

In order for a foreigner to acquire Turkish citizenship through marriage with a Turkish citizen, four conditions must be met;

  • The foreigner must have been married to a Turkish citizen for at least 3 years. This marriage must be in force at the date of the decision of the Ministry of Interior on the Turkish citizenship of the foreigner. This condition is not required if the marriage is terminated due to the death of the Turkish citizen spouse after the application. If the Turkish citizen spouse of the foreigner who wishes to acquire Turkish citizenship subsequently acquires Turkish citizenship, the date of acquisition of Turkish citizenship shall be taken as the basis for the calculation of the three-year period.
  • There must have been three years of family coexistence. In order for a foreigner who marries a Turkish citizen to acquire Turkish citizenship, it is not enough for the marriage to have lasted for at least 3 years; in addition, the condition of “living in family unity” must also be fulfilled in this marriage, except for force majeure.
  • The foreigner must not be engaged in an activity incompatible with the marriage union. Although the activities incompatible with the union of marriage are not very clear, what is meant is the acts and behaviors of the foreigner that may lead to divorce.
  • The foreigner must not be an obstacle in terms of national security and public order.

A foreigner who fulfills these conditions can apply for Turkish citizenship. 16. The fulfillment of the conditions in the Article does not give the foreigner who marries a Turkish citizen the right to acquire Turkish citizenship. However, as a result of the research and examination to be carried out by the Ministry of Interior, there is the possibility of acquiring Turkish citizenship for those whose situation is deemed appropriate. The applications of foreigners who are deemed ineligible will be rejected by the ministry. It is not clear what is meant by status. The relevant regulation does not consider a foreigner to be eligible for Turkish citizenship if he/she is on trial or convicted or imprisoned for any crime, is not living in a marital union, or engages in behaviors incompatible with a marital union, such as engaging in prostitution or mediating prostitution.

How long does it take to acquire Turkish citizenship through marriage?

The Ministry of Justice has set target times for the judiciary. These periods are determined in accordance with the subject and nature of the case, and the Appeal and Court of Cassation stages are not considered within this period. Looking at practical applications;

  • Petitions must be complete and complete
  • Notification periods
  • Letters from relevant institutions and organizations
  • Processes such as hearing witnesses, if any, vary according to the content of the case, work and transaction.

However, finalizing an application or a case in the shortest possible time is closely related to following the case closely. A good file follow-up prevents unnecessary prolongation of the case, business and proceedings.

How to find a foreign law lawyer?

A lawyer specialized in immigration law provides all necessary legal support to his/her client in resolving disputes between the parties. Within the framework of the dispute in question, the lawyer’s duty is to carry out the necessary work within the scope of the file in order to prevent the person he/she represents from losing his/her rights and to act in the direction of obtaining a positive result from the lawsuits. For this reason, it will be in your favor to work with an expert inheritance lawyer in order to prevent irreversible and irreparable damages and to ensure that there is no doubt that all provisions in your favor are applied.

What is the importance of a lawyer in applying for Turkish citizenship?

Your lawyer will provide you with legal counseling and advocacy services at the point of obtaining the necessary documents for the application you will make, drawing the legal road map, and will ensure that you achieve your goal in the fastest and most cost-effective way.

How much is the attorney fee for a foreign law attorney?

The attorney’s fee is determined on the basis of the proceedings and the case against you. As it is known, every year the Union of Turkish Bar Associations The “Minimum Fee Tariff for Attorneys” prepared by the Ministry of Justice shall enter into force upon enactment. The attorney’s fee in cases under citizenship law cannot be determined as an amount below the fee specified in this tariff. Therefore, the attorney’s fee for a naturalization lawyer is not always fixed and certain. However, it may be possible to set an attorney’s fee above the minimum fee tariff specified by the Bar Association (Click here for 2024 tariff)

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