Rejection of the application for Turkish citizenship through marriage the primary legal remedy is to file an annulment lawsuit within the statutory period after determining the legal basis and the date of service of the rejection act. Marrying a Turkish citizen does not automatically confer citizenship; however, the administration also cannot reject the application based on abstract, non-personalized, or non-judicial reviewable grounds. As a general rule, starting from the day following the date on which the rejection decision is notified in writing a 60-day litigation period begins to run. While it is possible to make an administrative application pursuant to Article 11 of the İYUK, it is not mandatory.

In this guide, the grounds for rejecting a citizenship application through marriage, how family unity is investigated, the limits of public order and national security assessments, the limitation period for lawsuits, the competent court, available evidence, and Council of State (Danıştay) precedents are examined together. To compare all types of rejections in citizenship applications Rejection of Turkish citizenship application and annulment lawsuit you may also refer to our guide.

What Does the Rejection of a Citizenship Application Through Marriage Mean?

A rejection decision is an individual administrative act indicating that the applicant does not meet the conditions set forth in Article 16 of the Turkish Citizenship Law No. 5901 or that their acquisition of citizenship is not deemed appropriate as a result of the administration's review. Rejection does not mean that the foreigner loses their current citizenship, nor does it automatically terminate their residence permit. However, the foreigner's right to stay in Turkey must additionally rely on residence or work permit legislation.

The rejection procedure is not the same as the annulment or revocation of subsequently acquired Turkish citizenship. Rejection is a negative decision rendered before citizenship is acquired. For proceedings that arise after the acquisition of citizenship revocation and cancellation of Turkish citizenship our article may be reviewed.

Proceeding	When does it become an issue?	Primary legal consequence
Rejection of application	Before the acquisition of citizenship	If the application is rejected, the administrative act may be subject to an annulment lawsuit.
Removal of the application from the proceedings	Due to missing documents, failure to follow up, or procedural reasons in the process	The process may be terminated without examining the merits of the case; the nature of the notification must be reviewed.
Annulment of the citizenship decision	In the allegation that citizenship was acquired through false statements or concealment of material facts	The acquisition decision may be revoked with retroactive effect.
Deprivation of citizenship	In the event that acts specifically enumerated in the law occur after the acquisition of citizenship	Citizenship may be terminated prospectively by a decision of the competent authority.

Legal Conditions for Turkish Citizenship Through Marriage

Turkish Citizenship Law No. 5901 Pursuant to Article 16, marriage to a Turkish citizen does not automatically confer citizenship. A foreigner who has been married to a Turkish citizen for at least three years as of the application date and whose marriage is ongoing may apply. Directorate General of Civil Registration and Nationality also explains the application conditions within the same framework.

An ongoing marriage of at least three years

The three-year period represents the minimum threshold for the accrual of the right to apply. The marriage must legally continue at the time of application. Simply completing the marriage duration is not sufficient for naturalization; other substantive conditions are also investigated separately.

Living within a family unit

It is evaluated whether the spouses maintain a genuine family life. Living in the same residence is a significant indicator; however, living apart for certain periods due to work, education, health, temporary assignment, or other justified reasons does not solely prove that the marriage is a sham. The administration must evaluate all facts together and in a personalized manner.

Not engaging in activities incompatible with the marital union

The law has not defined this concept with an exhaustive list of acts. Therefore, the administration must substantiate the nature, timing, connection to the marriage, and actuality of the alleged activity. Every behavior or administrative violation of the foreigner prior to the marriage cannot be automatically evaluated within this scope.

Not posing an obstacle in terms of national security and public order

A record, investigation, conviction, restriction code, or intelligence information in the security clearance may be taken into account in the application. However, a concrete and current link must be established between the existence of the record and the obstacle to naturalization. The nature of the criminal record, its finalization status, the severity of the act, the elapsed time, and the applicant's subsequent life must be examined together.

Regarding the meaning of restriction codes and the remedies against them what is a restriction code and how is it removed? you can benefit from our guide.

How is the Application Reviewed? Interview and Law Enforcement Investigation

Applications are submitted to the governorate of the place of residence domestically, and to foreign representations abroad. The current document list includes the VAT-6 application form, biometric photograph, passport or similar document, document showing identity information, residence permit if residing in Turkey, finalized court judgment if any, and the service fee receipt. Current list and application procedure From NVİ's official application document for citizenship through marriage must be verified.

During the file review, it is investigated whether the spouses live within a family unit, whether the marriage appears to have been contracted for the purpose of acquiring citizenship, and whether the other conditions stipulated by the law are met. In practice, interviews may be conducted with the spouses; law enforcement investigations regarding address, neighborhood relations, shared life, and consistency of statements may be utilized.

A single conflicting answer in the interview or absence from the home during a compliance check should not, by itself, be considered sufficient grounds for rejection. The spouses' work schedules, health conditions, travels, cultural differences, and marital life as a whole must be taken into consideration. Conversely, the appearance of spouses who do not know each other at all, prolonged and unexplained separate living, forged documents, or other concrete evidence supporting contradictions may strengthen the rejection decision.

Why is a Citizenship Application Through Marriage Rejected?

The claim that the marital union does not continue de facto

Spouses continually appearing at separate addresses, the inability to verify that they live together through law enforcement investigations, the social circle not being aware of the marriage, or material contradictions in the interview may be used as grounds for rejection. However, each finding must be evaluated within its own context. Temporary separate living and the termination of the marital union are not the same.

Suspicion of a sham or marriage of convenience

In marriages alleged to have been formed solely for the purpose of acquiring citizenship, the administration jointly examines the manner in which the spouses met, their shared life, family relations, address, economic sharing, and marital history. Suspicion must be supported by concrete findings. The presence of a restriction code such as V-70 must be additionally investigated; the legal basis of the code and its effect on the applicant must be evaluated on a case-by-case basis.

Contradictions in interview responses or address investigations

The spouses providing mutually exclusive answers regarding fundamental family life may lead to a negative assessment. Nevertheless, discrepancies in secondary details directly resulting in a sham marriage conclusion may be debatable in terms of proportionality and material truth.

Criminal record, investigation, or security record

Depending on the characteristics of the applicant or the file, the records in the Turkish spouse's past may be investigated by the administration. However, every investigation, file resulting in acquittal, deferred sentencing decision (HAGB), or minor conviction does not constitute an automatic ground for rejection. The legality of the administrative act is reviewed based on whose record it belongs to, whether it has been finalized, its currency, and its genuine connection to public order.

Previous visa violation, deportation order, or restriction code

Past immigration violations may be taken into consideration during citizenship reviews; however, each violation cannot be deemed an obstacle to citizenship on its own and indefinitely. The revocation of a deportation or entry ban order, its annulment by a court, or the finding that the record belongs to the wrong person may carry importance in the citizenship file. For the separate legal regime governing deportation procedures, deportation decision and annulment lawsuit you can review our article.

Incomplete, contradictory, or misleading documents

The lack of documents regarding identity, marital status, birth, residence, or court decisions may prevent the completion of the file. False statements and forged documents, on the other hand, may lead not only to a rejection but also to other administrative and criminal law consequences. Deficiencies must be distinguished from forgery; the opportunities granted to the applicant and the notifications made for rectifiable deficiencies must be checked from the file.

Is the Administration's Discretionary Power Unlimited?

No. Naturalization is linked to the sovereign authority of the state, and meeting the statutory conditions does not grant a person an automatic right to citizenship. However, discretionary power is not the authority to make arbitrary decisions. Pursuant to Article 125 of the Constitution, acts of the administration are subject to judicial review. The rejection act must be lawful in terms of authority, form, reason, subject matter, and purpose, and must not be used for purposes other than public interest and service requirements.

In particular, a general expression such as an “impediment in terms of national security and public order” may not be sufficient on its own when there is no verifiable data in the administrative file showing how this relates to the individual. The presence of confidential documents does not mean that the administrative judiciary cannot conduct a review. The court may request the submission of information and documents in the administrative file within the scope of the ex officio investigation principle under Article 20 of the İYUK (Administrative Procedure Law).

Legal Path to Follow After the Rejection Decision

Stage	Action to be taken	Critical point
1. Notification	The rejection letter, notification envelope, and electronic notification records are retained.	As a rule, the 60-day period begins on the day following the written notification.
2. File analysis	The issuing authority, grounds, investigation minutes, and application documents are examined.	The competent court and grounds for the lawsuit are determined based on this examination.
3. Administrative application	If deemed appropriate, revocation, withdrawal, or amendment is requested pursuant to Article 11 of the İYUK.	It is not mandatory; the suspension of the period and the calculation of the remaining period are carefully carried out.
4. Annulment Action	The lawsuit shall be filed before the competent and jurisdictionally authorized administrative court within the statutory period.	Evidence must be directly matched with the grounds for denial.
5. Enforcement of the Decision	The annulment decision shall be executed by the administration without delay, and the file shall be reassessed.	The court does not directly grant citizenship.

Administrative application pursuant to Article 11 of the İYUK

Abditory Procedure Law No. 2577 Pursuant to Article 11, before filing a lawsuit, interested parties may request the superior authority—or the authority that issued the act, if there is no superior authority—to revoke, withdraw, amend, or issue a new administrative act. If the application is filed within the statutory limitation period for filing a lawsuit, it pauses the running limitation period. If no response is given within thirty days, the request shall be deemed rejected; upon an explicit or implied rejection, the remaining limitation period for filing a lawsuit shall resume running.

This application is not mandatory. Whether an administrative application will be beneficial must be determined based on the clarity of the grounds for denial, the presence of curable documents, and the risk regarding the limitation period for filing a lawsuit. Submitting an application arbitrarily may lead to errors in calculating the statutory periods.

Annulment action and the 60-day period

As a rule, an annulment action against acts denying citizenship, for which no special period is prescribed, must be filed within 60 days following the day after written notification. Situations such as the last day of the period falling on a judicial recess or official holiday must also be evaluated accordingly. If there is any ambiguity regarding the date of service, the limitation period for filing the lawsuit must be calculated based on the most prudent date.

Competent and authorized court

The competent court is the administrative court. The venue, rather than the place where the application was made, must be determined by examining the authority that issued the rejection act, any delegation of authority, and the legal nature of the decision. If the final act was issued by the Ministry of Interior, Ankara Administrative Courts will have jurisdiction in most cases; however, it is not accurate to state a definitive city for every dispute without examining the rejection letter.

Can a stay of execution be requested?

A request for a stay of execution is not mandatory in every citizenship lawsuit, and filing a lawsuit does not automatically stay the rejection act. Pursuant to Article 27 of the İYUK (Administrative Procedure Law), the conditions of clear unlawfulness and damages that are difficult or impossible to compensate must be demonstrated together. Merely not being accepted into citizenship may not constitute these conditions in every case. The request should be asserted if the current damages arising from the specific file can be explained.

Does the annulment decision directly grant citizenship?

No. The administrative court does not replace the administration and directly grant Turkish citizenship to the applicant. The court annuls the unlawful rejection act. The administration is obliged to re-evaluate the file by taking into account the reasoning of the decision and to execute the court ruling. The act to be established upon re-evaluation must also comply with the court ruling and the law.

Can a new application be made?

A rejection decision does not prevent a new application in every case. In the event that missing documents are completed or material conditions change, a new application may be considered. However, a new application does not revive the litigation period of the previous rejection act and does not automatically eliminate the ongoing unlawfulness. The options of filing a lawsuit and making a new application should be compared according to the specifics of the file.

What Evidence Can Be Used in the Annulment Lawsuit?

The principle of ex officio investigation applies in administrative jurisdiction. Nevertheless, the plaintiff must substantiate their claims with documents within their access, and the administration must submit the administrative file and legal grounds upon which the rejection is based to the court. The list of evidence must be prepared in accordance with the grounds for rejection.

Claim of rejection	Examples of relevant evidence
Allegation of the absence of family unity	Joint address documents, lease agreement or title deed, utility bills, joint children records, family health and education records
Allegation that the spouses live apart	Work assignments, travel records, medical documents, and records explaining temporary separation
Suspicion of a marriage of convenience	Marriage history, joint travels, family photographs, and records demonstrating a shared economic life and social circle
Interview discrepancies	Interview transcripts, interpreter records, documents explaining the nature of the questions and that the discrepancy is immaterial
Criminal or security record	Judicial decisions bearing a finality endorsement, acquittal or non-prosecution decisions, clarification of archive records, and decisions for the annulment of related administrative actions
Restriction or deportation record	Basis of the code, removal notification, stay of execution or annulment decision, and current entry-exit records

The legal status of the foreign spouse in Turkey is of additional importance. Regarding residence conditions based on the Turkish citizen spouse and children family residence permit requirements and application process you may review our guide.

What Do Precedent Council of State (Danıştay) Decisions Say?

Court decisions are applied based on the specific facts of each case. The following decisions serve as guidance to demonstrate which types of evidence are significant. Case citations may also be Danıştay Case Search searched from the screen.

Council of State 10th Chamber, E. 2024/3107, K. 2024/2430, 05.06.2024

The dispute concerns the rejection decision rendered on the grounds that the condition of living within a marital union was not met. In the decision, it was evaluated with all the evidence of the specific case whether the marital union continued de facto; the first instance approach holding that the rejection procedure cannot be based on abstract assumptions was upheld. Review the text of the decision.

Council of State 10th Chamber, E. 2022/3968, K. 2024/3794, 08.10.2024

This decision emphasizes the connection between past acts and the current family life following the marriage. The mere existence of a past event was not deemed sufficient by itself; it was accepted that the regular life and personal status after the date of marriage must be evaluated. Review the text of the decision.

Council of State 10th Chamber, E. 2021/5769, K. 2023/9075, 27.12.2023

In this dispute resulting against the applicant, the investigation and file findings regarding the spouses not living de facto within a marital union were decisive. The decision demonstrates that not every rejection procedure will be annulled; in the presence of concrete and corroborating findings, the administration's action may be deemed lawful. Review the text of the decision.

Annulment Decision Rendered in the Lawsuit Filed by Our Office

In a dispute handled by our office, an application for citizenship through marriage was rejected on the grounds of national security and public order; in the annulment action filed by us, the Ankara 12th Administrative Court examined whether the negative assessments in the administrative file were supported by concrete and verifiable evidence. Taking into account the positive findings regarding the marital union and the evaluation of the citizenship commission, a decision was rendered to annul the rejection procedure.

This decision does not constitute a guarantee of results for all applications on its own. Nonetheless, it serves as a practical example demonstrating that the discretionary power of the administration must be exercised with concrete facts and in a manner amenable to judicial review. For the detailed evaluation of the anonymized decision, from our review of the decision annulling the rejection of citizenship through marriage, you can access.

Death of Spouse, Divorce, and Residency Status

If the Turkish citizen spouse passes away after the application

If the marriage terminates due to the death of the Turkish citizen spouse after the application, the condition of living within a marital union shall not be required pursuant to Article 16/2 of the Law. The evaluation of other conditions shall continue.

If a divorce occurs while the application is pending

Marriage-based citizenship applications require the marriage to continue. The finalization of a divorce may eliminate the application conditions. Simply filing for divorce is not the same as a finalized divorce; however, de facto separation carries additional importance in the examination of family unity.

Does a rejection decision terminate the residence permit?

The rejection of a citizenship application does not constitute the revocation of a residence permit on its own. Nevertheless, the foreign national must continue to meet the conditions for a family residence permit or other status of stay. Filing an annulment lawsuit does not automatically grant the right of residence either.

Frequently Asked Questions

What is the statutory period in days to file a lawsuit against the rejection of marriage-based citizenship?

As a rule, it is 60 days starting from the day following the written notification. The service document must be retained, and the period must be calculated based on the specific case file.

Is it mandatory to file an administrative appeal with the Ministry before filing a lawsuit?

No. An application under Article 11 of the İYUK is optional. An annulment action may be filed directly. If an administrative application is to be made, the suspended and remaining litigation periods must be calculated accurately.

Must the lawsuit necessarily be filed in Ankara?

If the final administrative act has been executed by the Ministry of Interior, Ankara Administrative Courts have jurisdiction in most disputes. However, a definitive determination should not be made without reviewing the authority that executed the act and any delegation of authority from the rejection letter.

Can the court directly grant Turkish citizenship?

No. The court annuls the unlawful rejection decision; the administration re-evaluates the file in accordance with the court's reasoning.

Is failing to be present at home during a police inspection solely grounds for rejection?

Being absent from the address during a single inspection does not definitively prove the absence of a marital union. The timing of the inspection, employment and travel status, and other evidence must be evaluated together.

Is the absence of a joint child grounds for rejection?

No. Having a joint child can be a strong factor supporting the marital union; however, having children is not a legal requirement for application. The absence of a child does not, by itself, lead to the conclusion that the marriage is not genuine.

Is a criminal record or a past investigation a definitive ground for rejection?

Not every record is an automatic ground for rejection. The nature of the act, its finalization status, its connection to public order, its recency, and personal circumstances must be evaluated.

Can a reapplication be made after a rejection?

If the conditions persist and the grounds for rejection can be remedied, reapplication is possible. However, a new application does not suspend or restart the 60-day statutory period for filing a lawsuit against the prior rejection decision.

How long does an annulment action take?

There is no definitive and universally applicable timeframe. The court's workload, interim decisions, requests for confidential information and documents, as well as the appellate and supreme court stages, may alter the total duration.

Conclusion

The rejection of an application for Turkish citizenship through marriage cannot be accepted as lawful or definitive in every case. The notification date of the rejection notice, the authority issuing the transaction, the marital union investigation, interview and law enforcement reports, security records, and the applicant's evidence must be examined together. Although the administration has discretionary power in the field of citizenship, this power must be based on concrete, current, proportionate, and judicially reviewable grounds.

For general information regarding application and lawsuit types in the field of citizenship law our citizenship law service page you may review.

Author Information

Attorney Batın YILMAZ
Istanbul Bar Association Bar Registry No: 77008

Compliance Statement with TBB Professional Rules and Advertising Prohibition

This content is for informational purposes only. It does not aim to advertise, secure business, acquire clients, solicit, claim professional superiority, or guarantee results for any person or institution.

While preparing the content the Professional Rules of the Union of Turkish Bar Associations and the provisions regarding the prohibition of advertising for the legal profession has been taken into consideration. The information in the article does not constitute legal advice or a definitive legal opinion regarding a specific case. The examined court decisions produce results solely for the specific dispute and do not constitute a guarantee of results for similar applications.

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