KÜHEYLAN HUKUK
Acquiring Turkish Citizenship through Marriage: Three-Year Marriage Requirement, Interview and Case in Case of Rejection Turkish Citizenship Law No. 5901, art.16-20, art.37; Regulation on the Implementation of the Turkish Citizenship Law articles 28-30 was prepared based on the legislation in force as of 2026 and official sources dated October 2026.
Marrying a Turkish citizen does not directly grant citizenship to a foreigner. In order for a foreigner to apply, he/she must have been married to a Turkish citizen for at least three years and the marriage must continue. In addition, the conditions of living in family unity, not engaging in any activity that is incompatible with marital unity, and not being an obstacle in terms of national security and public order are required. The law does not specifically stipulate five-year residence, knowledge of Turkish and income conditions for this route; In contrast, the reality of marriage is intensely scrutinized.
What is Citizenship by Marriage?
Article 16 of the Turkish Citizenship Law regulates citizenship through marriage as a special application method. Marriage does not automatically give rise to citizenship; It gives the foreigner the right to apply, and the application results in the decision of the competent authority. Article 10 of the Law clearly states that meeting the required conditions does not provide an absolute right to the person.
TVK article 16/2 After the application, in case of death of the Turkish spouse, family unity is not required.
TVK article 16/3 In case of marriage annulment, a bona fide foreigner retains his citizenship.
TVK art.18 and art.19 Determination of the conditions in the provincial commission; Sending the file to the Ministry and the authority to reject it
Regulation art.28-30 Police investigation, commission interview, overseas application procedures
What Requirements Are Required for Application?
At the application date, the foreigner must have been married to a Turkish citizen for at least three years and the marriage must continue. The three-year period is calculated from the date of marriage to the date of application. If the marriage ends later (other than death), the fate of the file is evaluated separately.
It is required that the spouses actually live together and establish a de facto life at the same address. If the marriage ends with the death of the Turkish spouse after the application, this condition is not required (Art. 16/2).
The regulation exemplifies this condition with the foreigner's behavior such as engaging in prostitution and mediating prostitution in a way that is incompatible with the marriage union (Article 28).
The foreigner's criminal and security records are examined. Article 72/5 of the Regulation counts those who are sentenced to imprisonment for more than six months, even if the sentence is postponed or the announcement of the sentence is postponed, except for negligent crimes, as well as activities aimed at subverting the state order, terrorism, espionage, arms and drug smuggling, human trafficking, among those who cannot acquire citizenship. This requirement is one of the most common and most discussed reasons for application rejection.
Are General Road Conditions Searched Here?
In the general way (TVK article 11), five years of uninterrupted residence, the will to settle in Türkiye, good morals, sufficient Turkish and income conditions are required. These conditions are not included in Article 16, which regulates the path to marriage. Therefore, statements such as "Turkish language exam is mandatory for citizenship through marriage" or "five years of residence is required" are incompatible with the text of the law. On the other hand, if the foreigner has not lived lawfully in Türkiye during the marriage, this may create negative data in the family unity and security investigation.
How Does the Application Process Work?
The application must be submitted to the governorship of the place of residence within the country; If it is abroad, it is made to the foreign representative in person or by proxy (Art. 37).
The provincial police department investigates whether the foreigner lives in a family unit, whether there is any behavior incompatible with the marital union, and whether there is an obstacle in terms of national security and public order. Positive or negative opinions are written in the investigation form and minutes are attached (Regulation Art. 28).
The determination of the conditions is made by the citizenship application review commission in the provinces (TVK article 18). The commission interviews the foreigner and the Turkish spouse separately and together; The purpose is to determine whether the marriage is a real marriage or a marriage made for the purpose of gaining citizenship (Regulation Art. 29). The opinion resulting from the interview is written in the interview form and the file is sent to the Ministry.
Investigation and archive research are also carried out in accordance with Article 72 of the Regulation; The research is valid for one year. If there is no consensus on the purpose of the marriage, the periodic investigation can be continued by taking the statements of the Turkish spouse's relatives.
The file comes to the Ministry; The requests of those who are deemed inappropriate are rejected by the Ministry (TVK article 19). Citizenship is acquired depending on the decision of the Ministry.
For applications made abroad, the foreigner and his/her spouse are interviewed separately and together by the vice consul or higher official responsible for consular operations; A criminal record is requested and it is investigated whether the marriage record is available in official authorities (Regulation Art. 30).
How Are Spouses and Children Affected?
Acquisition of citizenship through marriage does not affect the citizenship of one's own spouse; Minor children who have custody of themselves benefit from this benefit with the consent of the other spouse (TVK article 20). Children who are not treated together become subject to general conditions when they reach adulthood. Custody and consent documents for child care must be prepared before application.
Does the nullity of marriage affect citizenship?
If the marriage is declared null and void for a foreigner who has acquired citizenship through marriage, the foreigner retains his citizenship if he is in good faith in marrying (Art. 16/3). Proof of good faith gains additional importance in the trial and administrative process.
If the citizenship decision is made as a result of false declaration or concealment of important issues, it is annulled by the authority that made the decision in accordance with Article 31 of the TVK. Claiming a fake marriage therefore poses a risk not only at the application stage but also after acquisition. This topic is examined in a separate guide.
What to do if the application is rejected?
The rejection process is an administrative process. In accordance with Article 7 of the IYUK, the period for filing a lawsuit is 60 days from the written notification; Application to a higher authority stops this period (Art. 11). The competent court is the administrative court where the authority performing the transaction is located (Art. 32).
In its decision dated 26 October 2022 and numbered E.2022/2304, K.2022/4755, the 10th Chamber of the Council of State found it unlawful to reject the application of a foreigner married to a Turkish citizen on the grounds of national security and public order obstacles due to the six months and twenty days' imprisonment given for the crime of wounding and the announcement of the verdict was postponed, and annulled the transaction. The Chamber stated that the will of the legislator is to prevent those who commit crimes that seriously disrupt public order, aimed at the existence and functioning of the state, from becoming citizens, and that the crime in question is not of this nature. The decision shows that the reason for rejection is concretely checked according to the nature of the crime.
application authority Governorship of the place of residence; Foreign representation abroad (Art.37)
Decision Ministry; Requests that are not deemed appropriate are rejected (Art. 19).
Case Summary Form: Fictional example: A foreigner who has been married to a Turkish citizen for four years is applying for citizenship. In the commission interview, spouses give different answers about home order, daily routine and family members; There is no joint address record because one spouse stays in another province for business reasons. Process: The police investigation gives a negative opinion that family unity has been disrupted. The application is rejected. The applicant files a lawsuit against the rejection in the administrative court; In the petition, it is documented that the separation due to work is temporary, with invoices, photographs and witness statements showing the joint life. Result: The court decides by examining whether the evidence shows actual cohabitation. Preparing the spouses' address, document and statement consistency before the interview prevents such disputes.
Is it necessary to live in Türkiye for five years to obtain citizenship through marriage?
No. The five-year uninterrupted residence requirement is for the general route within the scope of TVK article 11. Three years of marriage and the three conditions in Article 16 are required for marriage.
Is it necessary for the foreigner to have a residence permit at the time of application?
Article 16 of the law does not require a residence permit. However, the lawful presence of the foreigner in Türkiye is important in the security and family unity review; Residence permit and stay status should be checked before application.
If the interview result is negative, will the application be definitely rejected?
The opinion of the interview enters the file; However, the decision is made by the Ministry. A lawsuit can be filed in the administrative court against the rejection decision.
What happens if the Turkish spouse dies after the application?
If the marriage ends due to the death of the Turkish citizen spouse, the condition of living in family unity is not required (Art. 16/2). Other conditions are also evaluated.
Can an application be made while the divorce case is ongoing?
The law seeks the continuation of marriage and living in family unity. It is difficult to argue that these conditions exist in a marriage for which a divorce case has been filed; The file should be evaluated by a lawyer before application.
Application is made before the three-year period expires and the file is rejected outright.
Spouses giving inconsistent statements regarding their address, daily life and family information during the interview.
Failure to check criminal records and investigation history before application.
Leaving missing custody and consent documents for children.
Failure to record the notification date of the rejection decision and missing the sixty-day trial period.
Citizenship through marriage is a process based on legal proof of the reality of marriage. Time, documents, interview preparation and security records should be managed separately. Küheylan Law Firm carries out a preliminary legal analysis of the file in applications for citizenship through marriage; In case of rejection, the annulment case and subsequent stages are followed in the administrative court.
Important Legal Notice: The legal explanations contained in this guide have been prepared by Küheylan Law Firm for general information purposes and do not constitute legal advice. The unique conditions of each file may change the outcome. In order not to miss the application, objection and lawsuit deadlines, it is recommended to get legal support from a lawyer before the process begins. © 2026 Küheylan Law Firm. All rights reserved.
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