Acquisition Of Turkish Citizenship By Marriage
As Viridis Legal Partners, your immigration lawyers in Turkey, with this comprehensive article, we aim to provide valuable insights and guidance for expatriates in Turkey and foreign individuals interested in marrying Turkish citizens, Turkish marriage laws, as well as those seeking information about obtaining Turkish citizenship through marriage. As your English speaking Turkish lawyers we offer legal services to acquire Turkish citizenship through marriage.
What You Need To Know About Turkish Marriage Laws
To ensure a legally valid and binding marriage in Turkey, it is imperative to have a comprehensive understanding of the legal framework governing marriage. The Turkish Civil Code No. 4721 presides over Turkish family law including the marriage laws in the country. The legal age for marriage is 17 for both men and women, although with judicial permission, men or women can marry at 16 under exceptional circumstances or for a very important reason, with the permission of their legal representatives and the allowing of the judge. Notably, polygamous marriages are strictly prohibited under Turkish law.
For more detailed knowledge, you can check our article on the marriage process and its specifications for foreigners.
For foreigners seeking to marry Turkish citizens, there are specific legal requirements, including the submission of relevant documents, such as a valid passport and a certificate of eligibility to marry, which can be obtained from the individual’s embassy or consulate in Turkey.
Process Of Marrying A Turkish Woman Or Man
Marrying a Turkish woman or man involves legal procedures while being mindful of cultural considerations. As a family lawyer in Turkey, it is essential to advise foreign individuals on the step-by-step process of marrying a Turkish woman or man, ensuring compliance with all legal requirements and the acquisition of necessary documentation for a legally recognized marriage.
Turkish Citizenship By Marriage
For foreign individuals aspiring to acquire Turkish citizenship through marriage, it is essential to be well-informed about the eligibility criteria and application processes.
According to Article 16. Turkish Citizenship Law No. 5901
Acquisition of Turkish Citizenship by marriage
Turkish citizenship is not acquired automatically upon marriage to a Turkish Citizen. However, foreigners who have been married to a Turkish citizen at least for three years and who are still married can apply to acquire Turkish citizenship. Applicant married to a Turkish citizen is required to satisfy the following conditions.
The applicant:
a) shall live in family unity;
b) shall avoid acts not compatible with the marriage unity;
c) shall not pose a threat to national security and public order.
In case the spouse who is a Turkish citizen dies after the application is lodged, then the applicant is not required to fulfil clause (a) of the first paragraph.
(3) In the decision of nullity of marriage, aliens who acquired Turkish citizenship with marriage can preserve their Turkish citizenship, if two sides have entered the marriage contract in good faith.
Pursuant to Turkish law, foreigners married to Turkish citizens for at least three years can apply for Turkish citizenship. During these three years, the couple must demonstrate a harmonious marriage and the foreign spouse who wishes to gain Turkish citizenship must not pose a threat to national security and public order.
Under Turkish Law especially the Turkish Civil Code, there are some absolute and relative nullity situations such as one of the spouses is already married at the time of marriage, does not have mental competence due to a persistent reason, has mental illness to the degree that it poses an obstacle to marriage, temporary deprivation of mental ability at the time of marriage, consanguinity between the spouses to the degree that it poses an obstacle to marriage.
Additionally, Since the acquisition of Turkish citizenship through marriage is one of the cases of later acquisition with the decision of the competent authority, articles 9, 10 and 11 of Law No. 5901 will also find application in the case of acquiring Turkish citizenship through marriage. Therefore, the applicant must require the following conditions such as be of the age of consent possessing the distinguishing power according to his/her own national legal system, or according to the Turkish law if s/he is stateless; not have any disease that constitutes a danger to public health; be a person of good morals; speak an adequate level of Turkish; have an income or profession to provide for his own livelihood and those of his/her dependants in Turkey; not pose a threat to national security and public order.
Marrying In Turkey As A Foreigner
As a lawyer, guiding non-Turkish citizens intending to marry in Turkey requires offering clear insights into the legal procedures and requisite paperwork.
According to Article 13 of International Private Law and Procedural Law No. 5718;
Marriage and the General Provisions Thereof
The legal capacity to marry and the conditions thereof shall be governed by the respective national laws of the parties at the time of the marriage.
The form of marriage shall be governed by the law of the state where the marriage is solemnized.
The general provisions of marriage shall be governed by the common national law of the spouses. If the spouses are of different nationalities, the law of their common habitual residence shall govern and in the absence of a common habitual residence, Turkish law shall govern.
With reference to the above-mentioned provision; the intended spouses must have the legal capacity of marriage according to their own state but the valid legal form of marriage will be determined by Turkish Law.
According to the Turkish Civil Code;
Venue of ceremony
Article 141- The marriage ceremony shall be performed in the presence of two witnesses who are of age and have mental competence by the marriage officer. However, upon request of the parties, the ceremony can also be performed in other venues deemed appropriate by the marriage officer.
Form of the ceremony
Article 142- The marriage officer asks the parties the same question, that is, whether they are willing to marry each other. Upon hearing affirmative answers, the marriage shall be enacted. The officer shall declare the marriage to be enacted as per law with the consent of both parties.
Certificate of marriage and religious ceremony
Article 143- After completion of the ceremony, the marriage officer provides the parties with a marriage certificate. A religious ceremony shall not be performed without showing the civil marriage certificate. The validity of marriage shall not depend on any religious ceremony.
Regarding the above-mentioned provisions, according to Turkish Law; The oral form clearly indicated by the law is one of the founding elements of the marriage contract. A marriage that is not made as prescribed by law is void by absence. However, any primitive, religious or local ceremony cannot lead to the conclusion and consequences of a legal marriage.
Documents Required for Acquisition of Turkish Citizenship through Marriage
- Application Form (VAT-6),
- 2 pieces 50×60 mm in size, on a white background, without pattern, as determined by ICAO and machine-readable biometric photograph,
- Passport or similar document showing the state of citizenship, if stateless a notarised Turkish translation of a duly certified document in this regard,
- Duly certified documents showing all identity information as a basis for registration notarised Turkish translation of the document,
- If the place of residence is in Turkey, the most recent residence permit,
- Certified if there is a finalised court decision for any offence an example,
- If there is no month and day of the applicant’s date of birth, it is necessary to prove this situation with a duly authenticated document issued by the competent authorities of his/her country a notarised Turkish translation or a notarised Turkish translation of the Population Services Law No. 5490 No. 39 to be completed on the first day of July, in accordance with Article 1 of the Constitution signed declaration that he/she has done so.
- Receipt showing that the service fee has been deposited to the Treasury cashier.
Where To Apply for Acquisition of Turkish Citizenship through Marriage
Applications for Turkish citizenship by marriage are submitted to the governorate of the place of the applicant’s residence in Turkey and abroad to the foreign governorate to the representative offices in person or with a special power of attorney for the exercise of this right by post. Applications made by post are not accepted by the administration. Citizenship of minors or persons deprived of the power of discernment applications are made by their parents or guardians.
Does Turkish Citizenship End In Case Of Divorce?
If a person who has become a Turkish citizen through marriage wants to divorce his/her Turkish spouse for any reason, his/her citizenship continues. Termination of marriage does not affect citizenship.
Navigating Challenges And Consideration
Gaining Turkish Citizenship by marrying a Turkish citizen as a foreigner necessitates expert legal counsel. As Viridis Legal Partners, your Turkish immigration lawyers we are ready to assist you throughout the process of becoming a Turkish citizen by marriage. We offer our expertise on Turkish citizenship laws and can provide personalized solutions tailored to your specific needs.
Contact us today to overcome the difficulties of marrying in Turkey or marrying a Turkish citizen and obtaining Turkish citizenship by marriage and becoming a Turkish citizen.
FAQ
- Can I automatically acquire Turkish citizenship by marrying a Turkish citizen?
- No, you can not. Turkish citizenship is not acquired automatically upon marriage to a Turkish citizen. Foreigners can apply for citizenship after being married for at least three years, meeting specific conditions related to family unity, conduct, and national security.
- What are the legal requirements for foreigners marrying Turkish citizens?
- Legal requirements include submitting relevant documents such as a valid passport, certificate of eligibility to marry, and complying with the Turkish Civil Code No. 4721. The legal age for marriage is 17, and polygamous marriages are strictly prohibited.
- How do I apply for Turkish citizenship through marriage?
- To apply for Turkish citizenship through marriage, foreigners must be married to a Turkish citizen for at least three years, live in family unity, avoid actions incompatible with marriage, and not pose a threat to national security. Applications are submitted with the required documentation to the local governorate.
- What is the process for non-Turkish citizens to marry in Turkey?
- Non-Turkish citizens must have the legal capacity to marry according to their state’s laws. The valid legal form of marriage in Turkey is determined by Turkish law. The marriage ceremony is performed in the presence of two witnesses, and a civil marriage certificate is provided.
- Does divorce affect Turkish citizenship obtained through marriage?
- No, it does not. The termination of marriage through divorce does not affect Turkish citizenship obtained through marriage. Once citizenship is acquired, it continues even if the marriage is later dissolved.
