How Do Foreign Nationals Get Married in Turkey? Required Documents and Legal Process

Foreign nationals can officially marry a Turkish citizen or another foreign national in Turkey. To do so, the spouses must have the legal capacity to marry, there must be no legal impediment to the marriage, and the documents requested by the marriage office must be duly submitted. For the foreign spouse, passports or identity documents, certificates of capacity to marry, documents proving the dissolution of previous marriages, health reports, and, where necessary, apostilles or consular authentications, as well as Turkish translations, are of significant importance.

A marriage solemnized in Turkey does not automatically grant the foreign spouse a residence permit, work permit, or Turkish citizenship. Although family residence permit or citizenship applications can be made following the marriage, each process is separately evaluated by the administration within its own conditions.

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Can Foreign Nationals Marry in Turkey?

Marriage procedures in Turkey can be performed before Turkish authorities, regardless of the citizenship of the spouses. A Turkish citizen and a foreign national, or two foreign nationals, may contract an official marriage in Turkey provided they meet the requisite conditions.

Pursuant to Article 134 of the Turkish Civil Code (TMK) the persons to be married shall jointly apply to the marriage office of the place of residence of either of them. In places where there is a municipality, the marriage officer is the mayor or an officer assigned to this duty.

The municipality or marriage office where the application will be filed may request additional documents depending on the foreign spouse's citizenship, document regulations, and the characteristics of the application. Therefore, it is important to obtain an up-to-date document list from the marriage unit of the relevant municipality prior to the application.

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According to Which Law is Capacity to Marry Determined?

Pursuant to Article 13 of the Code on Private International Law and Procedural Law (MÖHUK) No. 5718, capacity to marry and the conditions for marriage are subject to the national law of each party at the time of marriage. Conversely, the form of marriage is determined by the law of the country where the marriage is celebrated.

This distinction means that:

• The marriage capacity of the spouse who is a Turkish citizen is evaluated in accordance with Turkish law.
• The conditions regarding the marriage capacity and marital status of the foreign spouse are, as a rule, examined in accordance with their own national law.
• The marriage application, the review by the marriage office, the official ceremony, and the registration procedures in Turkey are subject to Turkish law.

Pursuant to the TMK, the principal conditions for marriage are as follows:

• As a rule, having attained the age of 17,
• Having the capacity to act with discernment,
• Obtaining the consent of the legal representative where necessary in the case of minors or incapacitated persons,
• The prior marriage having been legally terminated,
• The absence of kinship and other marriage impediments specified by law.

According to TMK Art. 124’e göre under extraordinary circumstances and for very important reasons, a judge may permit a person who has completed the age of 16 to marry. According to TMK m.125, persons lacking the capacity to act with discernment cannot marry.

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What Are the Required Documents for the Foreign Spouse?

Although the list of documents may vary depending on the country of which the foreigner is a citizen and the practice of the marriage office where the application will be made, the following documents are generally required for foreign nationals:

Document	Function
Passport or valid identity document	Determination of identity, citizenship, and birth information
Certificate of legal capacity to marry	Indicating that there is no impediment to the foreigner marrying according to their own national law
Certificate of celibacy or marital status	Indicating whether the person is married and their eligibility for marriage
Birth certificate or civil registry record	Can be used for determining age, place of birth, and family ties
Divorce decree or death certificate	Demonstrating the termination of the previous marriage
Medical report	Within the scope of TMK Art. 136 is among the application documents
Apostille or consular legalization	Ensures the usability of the foreign official document in Turkey
Turkish translation	Enables the examination of the foreign-language document by Turkish authorities
Photograph and other documents requested by the municipality	Required for the purpose of completing the marriage file

In TMK Art. 136’da it is stipulated that the spouses shall submit their identity cards and population registration samples, the document regarding the termination of the previous marriage if applicable, legal representative consent where necessary, and a health report to the marriage office. With respect to a foreign spouse, the equivalents of these documents may be documents issued by the competent authorities in their home country.

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What is a Certificate of Capacity to Marry?

The certificate of capacity to marry is an official document demonstrating that there is no impediment to the foreign national getting married according to their national law. This document may be issued in some countries together with a certificate of celibacy or a civil status certificate.

The content of the document generally includes the person's:

• Name and surname,
• Date and place of birth,
• Nationality,
• Marital status,
• Whether there is any impediment to marriage.

shall be included.

Documents obtained from foreign authorities must be issued in a format accepted by the marriage office where the application will be made. The currency of the document is also important. In practice, the marriage office may request the submission of a new document depending on the date of issuance.

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Apostille, Consular Legalization, and Turkish Translation

For documents issued by foreign authorities to be used in Turkey, an apostille or consular legalization may be required, depending on the issuing country.

In countries where the apostille procedure applies, an apostille certificate must be appended to the document. An apostille is a certification issued by the competent authority in the country where the document was executed, which verifies the official status of the document internationally.

With respect to countries where the apostille system is not applied, the document may need to be certified by the authorities of the relevant country, Turkish diplomatic missions, or other required bodies.

A Turkish translation is also required for documents issued in a foreign language. It may be requested that the translation be notarized or prepared in accordance with the procedure required by the marriage office.

The following checks must be performed before submitting the document:

• Whether the authority issuing the document is competent,
• Whether an apostille or legalization is required,
• Whether the document is up-to-date,
• Whether the name, date of birth, and passport details match the other documents,
• Whether the Turkish translation is complete,
• Whether previous marriage and divorce details are clearly indicated.

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Can the Marriage Office Reject the Application?

Pursuant to Article 137 of the TMK the marriage officer shall examine the marriage application and the accompanying documents. If any deficiencies are found in the application, such deficiencies may be required to be completed.

If it is understood that the application has not been made in due form, that one of the parties lacks the capacity to marry, or that there is a legal impediment to marriage, the marriage application shall be rejected, and the situation shall be notified to the prospective spouses in writing.

The main situations that may lead to the rejection of the application are as follows:

• The absence of a certificate of capacity to marry or its unacceptability,
• Discrepancies in passport or identification information,
• Failure to prove the termination of a previous marriage,
• Lack of apostille, certification, or translation,
• Failure to meet the legal age of marriage or capacity requirements,
• Existence of a statutory impediment to marriage.

If the missing document is rectifiable, a re-application can be made in most cases by completing the missing document. The grounds for refusal and the date of service must be retained.

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How is a Marriage Performed in Turkey Registered in the Civil Registry?

Pursuant to Article 23/1 of the Civil Registry Services Law No. 5490, pursuant to Article 22, the authorities performing the marriage are obligated to submit the marriage notification to the civil registry office within 10 days from the date of marriage. The civil registry office performs the necessary registration based on this notification.

Upon the registration of the official marriage performed in Turkey, the population registry record of the Turkish citizen spouse is updated. The marriage record is significant in terms of family residence permits, citizenship applications, children's civil registry procedures, and other consequences arising from family law.

As for marriages performed abroad, the provisions of Article 24 of the Civil Registry Services Law shall apply. In order for a marriage performed before foreign authorities to be recorded in Turkey, the document must be translated into Turkish and the duly required certification procedures must be completed.

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Does Marrying a Turkish Citizen Automatically Grant a Residence Permit?

Marriage to a Turkish citizen may establish the legal basis for the foreign spouse to apply for a family residence permit. However, marriage does not mean that a residence permit is granted solely and automatically.

Article 37 of the Law on Foreigners and International Protection (YUKK), in the event of reasonable suspicion before a family residence permit is issued or extended, regulates that governorates may investigate whether the marriage was entered into solely for the purpose of obtaining a residence permit.

If, as a result of the investigation, it is determined that the marriage was contracted solely for the purpose of obtaining a residence permit, the family residence permit shall not be granted, and any permit already issued may be revoked.

Therefore, facts demonstrating that the spouses live within a genuine family unity are significant in the family residence permit application. Common residence, lease agreements, address registrations, documents evidencing cohabitation, consistent statements, and data showing the actual establishment of family life may be taken into consideration during the administrative review.

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Does Marrying a Turkish Citizen Automatically Grant Citizenship?

Pursuant to Article 16 of the Turkish Citizenship Law (TVK), marrying a Turkish citizen does not directly grant Turkish citizenship.

In order for a foreign national to apply for Turkish citizenship, as a rule, it is required that they:

• Have been married to a Turkish citizen for at least three years,
• The marriage is ongoing,
• Live within a marital union,
• Not engage in activities incompatible with the marital union,
• Not pose any impediment in terms of national security and public order

.

The existence of these conditions does not mean that citizenship is acquired automatically. An application must be made, and an examination regarding the legal conditions is conducted by the administrative authorities.

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What Criteria Are Used in Marriages of Convenience Investigations?

A sham or fraudulent marriage refers to the allegation that a formally valid marriage is, in reality, devoid of the purpose of establishing a marital union and is conducted solely for the purpose of obtaining a residence permit or similar legal advantages.

This assessment is distinct from whether the marriage was officially performed. Even if the marriage is formally valid, the existence of a genuine marital union may be additionally examined with respect to family residence permits.

Matters that may be significant in administrative practice include:

• Whether the spouses live together at the same address,
• The conformity between address registration and the actual living arrangement,
• The consistency of the statements made by the spouses regarding each other,
• Whether there is a shared social and economic life,
• Whether there is tangible data indicating that a benefit was provided in exchange for marriage,
• Whether the investigation conducted by the administration is up-to-date, sufficient, and pertinent to the individual.

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Council of State Decisions – On the Subject of Marriages of Convenience

Council of State decisions, are binding for each specific dispute and do not automatically produce results for all applications. Nevertheless, they demonstrate which facts are significant in the review of family residence permits.

Ruling	Conclusion Aspect	Brief Rationale
Council of State 10th Chamber, E. 2021/6348, K. 2023/2970, D. 01.06.2023	In favor of the foreign spouse	The administration's assessment that the marriage was concluded solely for the purpose of obtaining a residence permit was deemed insufficient, and the decision regarding the annulment of the administrative act was upheld.
Council of State 10th Chamber, E. 2017/3964, K. 2022/1199, D. 08.03.2022	Against the foreign spouse	It has been assessed that the spouses do not live together, there are inconsistencies in their statements, the foreign spouse resides at the same address with other individuals, and there are findings indicating a marriage of convenience for financial gain.
Council of State 10th Chamber, E. 2021/6704, K. 2022/5421, D. 24.11.2022	Against the foreign spouse	The administrative action was found to be lawful upon the evaluation that the marriage was a fraudulent marriage of convenience aimed at obtaining a residence permit.
Council of State 10th Chamber, E. 2021/6380, K. 2023/9079, D. 27.12.2023	Against the foreign spouse	The action regarding the shortening of the duration of the family residence permit was upheld, accepting that the marriage with a Turkish citizen was fraudulent.

This The common conclusion of the decisions of the Council of State is as follows: The existence of a formal marriage is important; however, whether the spouses have established a genuine and de facto family life can also be subject to separate examination in terms of the family residence permit.

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Common Mistakes Made During the Process of Marrying a Foreign Spouse

In applications for marriage with a foreign national, the following errors may lead to prolonged processing times or the rejection of the application:

• Attempting to obtain a marriage date without a certificate of capacity to marry,
• Submitting foreign official documents without an apostille or the required certification,
• Using documents without a Turkish translation,
• Failure to submit the document regarding the termination of the previous marriage,
• Failure to explain name discrepancies between the passport, birth certificate, and civil status certificate,
• Failing to consider the validity period of the document,
• Assuming that marriage automatically grants citizenship or a residence permit,
• Providing conflicting information regarding the spouses' addresses and living arrangements during the family residence permit process.

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Frequently Asked Questions

Is a residence permit required to marry a foreign national in Turkey?

The conditions for a marriage application and residence permit requirements are evaluated separately. It is of fundamental importance that the foreign spouse submits identification and certificate of capacity to marry documents. In specific applications, the residence status may need to be assessed separately.

Where can the certificate of capacity to marry for a foreign spouse be obtained?

As a rule, the document is obtained from the competent authority of the foreign national's home country or, in certain cases, from the consular representation of that country in Turkey.

Is a certificate of capacity to marry without an apostille accepted?

Depending on the country where the document was issued and the nature of the document, an apostille or another legalization method may be required. Whether an apostille is required must be verified with the relevant marriage registry office and with respect to the country of issuance.

Is a notary-certified translation required for foreign documents?

Documents in a foreign language require a Turkish translation. Whether the translation is subject to notary approval may vary depending on the nature of the document and the practice of the marriage office.

Can a divorced foreigner remarry in Turkey?

Yes. However, the divorce decree or other official documents demonstrating that the previous marriage has legally ended must be submitted along with the required approvals and translations.

Does marrying a foreign spouse grant Turkish citizenship?

Pursuant to TVK art. 16, marriage does not automatically confer Turkish citizenship. As a rule, an ongoing marriage of at least three years and compliance with other statutory conditions are required for the application.

Can a foreigner who marries a Turkish citizen immediately obtain a family residence permit?

Marriage may serve as the basis for a family residence permit application; however, the permit is not granted automatically. The administration additionally evaluates the statutory conditions and, where necessary, whether the marriage is based on a genuine family union.

When is a marriage solemnized in Turkey registered in the civil registry?

Pursuant to Article 23/1 of the Civil Registry Services Law No. 5490 the authority that performs the marriage procedure has the obligation to send the marriage notification to the civil registry office within 10 days from the date of marriage. The civil registry office performs the necessary registration based on the submitted marriage notification.

Can two foreigners marry in Turkey?

Yes. Two foreign nationals may also marry in Turkey, provided they submit the required documents and fulfill the conditions for marriage.

What should be done if the marriage office (evlendirme memurluğu) rejects a marriage application?

The grounds for rejection and the date of service must be obtained. If the deficiency pertains to a document, a re-application may be made once the deficiency is remedied. Furthermore, the lawfulness of the rejection procedure must be evaluated separately based on the specific grounds.

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Conclusion

It is possible for foreign nationals to marry in Turkey; however, the procedure is not limited to merely obtaining a marriage date. The foreign spouse's identity, marital status, capacity to marry, the termination of any prior marriage, and the usability of foreign documents in Turkey must be duly established.

The capacity to marry is governed by the national law of the parties, whereas the form of the marriage is governed by Turkish law, as the marriage takes place in Turkey. Following the marriage, there are distinct and independent administrative procedures regarding family residence permits or Turkish citizenship. In these procedures, the existence of a genuine family union, the authenticity of the documents, and whether the statutory conditions are met in the specific case are of paramount importance.

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Atty. Batın YILMAZ

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