Acquiring Turkish Citizenship through Marriage and the Examination of "Sham Marriage"

Foreign nationals who marry a Turkish citizen may acquire Turkish citizenship on certain conditions; the administration, however, separately examines whether the marriage was entered into solely in order to obtain citizenship (a sham marriage). This article explains the conditions required and how the sham-marriage examination works.

The legal basis of citizenship through marriage

Article 16 of Turkish Citizenship Law No. 5901 allows a foreign national who marries a Turkish citizen to acquire Turkish citizenship where certain conditions are met. The system it establishes is one in which marriage does not confer citizenship automatically; it gives rise to a right to apply provided that the marriage genuinely continues for a certain period.

The conditions required

Under the Law and the relevant regulation, the following conditions must be met together for an application for citizenship through marriage to be accepted:

• At least three years of marriage: as at the date of application, the marriage to the Turkish citizen must have lasted for at least three years.
• Living in family union: the applicant must continue to live with the spouse, in fact under the same roof and in a manner consistent with family union.
• Not engaging in activity incompatible with the marital union: the applicant must not behave contrary to the purpose of the marital union (for example living separately in fact, or extramarital relationships).
• No obstacle in terms of national security and public order: there must be no circumstance concerning the applicant that threatens national security or public order.

The application process

Applications are made to the provincial directorates attached to the General Directorate of Civil Registration and Nationality of the Ministry of the Interior. The file contains the marriage certificate, identity documents, criminal record certificate, documents showing that the couple live together (address registration system data, utility bills, a lease agreement and the like) and a biometric photograph. An important stage of the process is the interview, in which the parties take part separately and/or together. Questions are put about the genuineness of the marriage; consistent and mutually supporting statements are expected on matters such as how the couple met before the marriage, daily habits and relations with family members.

The concept of sham marriage and the mechanisms of scrutiny

A sham marriage means the conclusion of an official marriage without any intention of establishing a genuine marital union, solely so that the foreign party may obtain citizenship, a residence permit or a similar legal status. The administration applies various mechanisms to identify such marriages:

• Police inquiries: checks by police units at the address where the parties live together, and statements taken from neighbours and the neighbourhood headman.
• Comparison of interview records: identifying inconsistencies between the statements each spouse gives separately.
• Examination of social and financial data: assessing whether documents such as joint accounts, utility bills and insurance records support a shared life.
• Examinations following reports or complaints: inquiries opened of the administration's own motion on the basis of notifications by third parties.

Consequences where a sham marriage is established

Where the inquiry leads to the conclusion that the marriage is a sham, a citizenship application that has not yet been concluded is refused. More importantly, where it emerges after citizenship has been acquired through marriage that the marriage was a sham, then under Article 31 of Law No. 5901, if it is established that the act conferring citizenship was based on a forged document or a false statement, citizenship may be annulled by decision of the competent authority. Since annulment of citizenship directly affects the person's right to be in Türkiye, it may also lead to consequences extending as far as administrative detention or deportation proceedings.

Remedies against an annulment decision

The person concerned may bring annulment proceedings before the administrative courts against the administrative decision annulling citizenship. In such proceedings it is very important to submit concrete evidence showing that the marriage was genuine (photographs, witness statements, documents showing a shared life, communication records). Given the complexity of the process and the breadth of the administration's discretion, working with an experienced lawyer is advisable both at the application stage and in any proceedings against an annulment.

Conclusion

Acquiring Turkish citizenship through marriage is a legally secure route so long as it rests on a genuine marital union; but the administration's scrutiny for sham marriages is serious and thorough. Preparing the application file completely, preparing well for the interview and supporting the continuity of the marital union with concrete documents are decisive both for the acceptance of the application and for eliminating the risk of later annulment.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.