Court Decision Regarding Acquiring Turkish Citizenship Through Marriage
In the lawsuit filed by the plaintiff, a citizen of the Kingdom of Morocco, seeking the annulment of the Ministry of Interior’s decision dated 19.02.2024 and numbered 2024/388, which was communicated by the Konya Governorship Provincial Directorate of Population and Citizenship Affairs regarding the rejection of her application for Turkish citizenship through marriage on the grounds of “not living within a family unit,” the Preliminary Investigation – Research Form dated 19.01.2022, prepared as a result of the initial investigation concerning the plaintiff, states the following: It was noted that the couple was known to be living together in marriage, that they had neighborly relations as families, and that the foreigner resided at the address he declared as his address with his Turkish citizen spouse. The form prepared as a result of interviews with the couple stated that the marriage was not an arranged marriage for mutual benefit. The minutes dated 26.12.2023 also stated that the plaintiff’s close neighbors declared that he lived with K3 at his address and that they knew him as husband and wife. Although the aforementioned minutes mentioned that it was uncertain whether the plaintiff would return to Türkiye, the same minutes also mentioned that K3 stated that his wife would not return until the summer of 2024. Based on this information; Considering that the plaintiff’s stay in their own country for a period of time does not mean that they did not live within a family unit, and that there is no concrete evidence showing that they married for the purpose of acquiring Turkish citizenship, the defendant administration requests the annulment of the decision of the Ankara 4th Administrative Court dated 09/01/2025, numbered E: 2024/1672, K: 2025/45, which rejected the citizenship application on the grounds that the plaintiff did not live within a family unit, on the grounds that the decision was unlawful. The defendant administration argues that the decision was procedurally and legally sound, that there is no reason to annul it, and requests that the decision be overturned and the case dismissed.
Court Decision Regarding Acquiring Turkish Citizenship Through Marriage (2)
In the lawsuit filed by the plaintiff, a citizen of the Russian Federation, seeking the annulment of the Ministry of Internal Affairs’ decision dated 24/06/2024 and numbered 2024/841, which rejected his application for Turkish citizenship through marriage; although the plaintiff’s citizenship application was rejected based on intelligence information obtained from the General Directorate of Security and the National Intelligence Organization regarding his spouse, the aforementioned intelligence information did not contain any information about the plaintiff. The Investigation Report prepared as a result of the investigation into the plaintiff and his spouse stated that they had been residing as tenants at the specified address for approximately 9 years, were known as a family in the neighborhood, lived together, and had one child from their marriage. The interview form prepared by the Citizenship Review and Investigation Commission also stated the following: The plaintiff and his spouse lived together as a family, and it was stated that neither before nor after the date of marriage did they engage in any activity incompatible with the marital union. The court found that the plaintiff met the conditions for acquiring Turkish citizenship through marriage (although the court found that the plaintiff had a condition that would constitute an impediment from a public order perspective, and that this conclusion was reached based on information about his spouse without providing concrete information or documents about the plaintiff; therefore, the court did not find this reasoning of the administration to be valid). The defendant administration requests the annulment of the decision of the Ankara 4th Administrative Court dated 06/02/2025, numbered E:2024/1714, K:2025/216, which rejected the plaintiff’s application for Turkish citizenship, on the grounds that the decision was unlawful. The defendant administration argues that the decision was procedurally and legally sound, that there is no reason to annul it, and requests that the case be dismissed.
Turkish citizenship requirements
In the lawsuit filed by the plaintiff, who was stripped of his Turkish citizenship by the Council of Ministers’ decision dated 07.05.2001 and numbered 2001/247, pursuant to clause (ç) of article 25 of the repealed Turkish Citizenship Law No. 403, seeking the annulment of the Ministry of Interior’s decision dated 16.04.2024 and numbered 111-4629-1997, regarding the rejection of his application dated 25.03.2022 to regain Turkish citizenship under article 13 of the Turkish Citizenship Law No. 5901; The defendant administration requests the annulment of the decision dated 04/11/2024, numbered E: 2024/920, K: 2024/1695, issued by the Ankara 11th Administrative Court, which rejected the plaintiff’s application for reinstatement of Turkish citizenship on the grounds that the decision lacked legal validity in terms of the causal element, arguing that the decision was procedurally and legally sound and that there was no reason to annul it, and therefore requests that the case be dismissed.
Turkish citizenship requirements (2)
In the lawsuit filed by the plaintiff, a Syrian national, seeking the annulment of the Istanbul Governorship Provincial Directorate of Population and Citizenship’s decision dated 06.11.2023 and numbered 531941, which rejected his application dated 30.10.2023 for the acquisition of Turkish citizenship in general, pursuant to Article 11 of the Turkish Citizenship Law No. 5901; The Istanbul 12th Administrative Court’s decision dated 19/09/2024, numbered E:2024/82, K:2024/1712, rejecting the case on the grounds that the applicant was residing in Turkey based on a temporary protection document, and therefore there was no illegality in the contested action, was appealed by the plaintiff. The decision states that among the necessary documents for an application to acquire Turkish citizenship, if the applicant resides in Turkey, their most recent residence permit must be submitted; that residing in Turkey without a legal residence permit is not considered valid residence for the purpose of acquiring Turkish citizenship; that a temporary protection identity document grants the right to stay in Türkiye, but this document cannot be considered equivalent to residence permits or documents replacing residence permits as regulated by the Law, and does not grant the right to apply for Turkish citizenship; that if the applicant fails to submit the documents required by the Regulation, their application will not be accepted; that a file consisting of the documents specified in the Regulation will be prepared by the application authorities for those who meet the required conditions; however, the plaintiff’s application was rejected on the grounds that there was no illegality in the contested action, as it was understood that the plaintiff was residing in Turkey based on a temporary protection document. The applicant claims that the refusal of citizenship application is unlawful, given that there is no reason for the refusal and that the applicant meets all the conditions stipulated in the law; that the applicant has been living in Türkiye since 2015, speaks Turkish fluently, possesses good moral character, has no illness or health problems, and has no criminal record; and therefore requests that the decision be reviewed and overturned in accordance with Article 45 of the Administrative Procedure Law No. 2577.
Turkish citizenship by investment
In the lawsuit filed seeking the annulment of the decision dated 01.03.2023, which stated that the plaintiff, an Iranian national, could not apply for Turkish citizenship based on the application dated 20.02.2023 and numbered 77830, made by stating that he wanted to apply for Turkish citizenship pursuant to Article 11 of Law No. 5901 and requesting to be informed whether he was eligible to apply by providing a residence calculation form showing his residence periods and entries and exits from the country; Upon examination of the document issued in response to the plaintiff’s application, it was determined that the plaintiff held a tourism-related residence permit for the period 21.12.2017 – 21.12.2018, a tourism-related residence permit for the period 22.12.2018 – 22.12.2019, a “resident due to owning immovable property in Türkiye” for the period 22.12.2019 – 11.12.2021, and a “resident due to owning immovable property in Türkiye” for the period 11.12.2021 – 10.12.2023. The document also indicated that the plaintiff’s valid work permit/residence permit period was 1165 days and the invalid work permit/residence permit period was 730 days within the last 5 years prior to the application date, leading to the contested decision that the plaintiff could not apply for citizenship. The period during which the person held a residence permit for tourism purposes is deemed invalid; Although the defendant administration, taking into account the provisions of the Regulation cited in the decision, accepted that residence permits obtained for “tourist,” “study,” and “accompanying” purposes do not demonstrate an intention to settle in Türkiye and therefore cannot be used as a basis for citizenship applications; considering that the Turkish Citizenship Law No. 5901 does not make any distinction in terms of residence types, and only requires the conditions of residing in Türkiye and the period spent abroad not exceeding twelve months, the defendant administration, on the grounds that the contested decision, which was made by making a distinction between residence types and stating that citizenship applications cannot be made, is not in accordance with the law, challenged the decision of the Istanbul 13th Administrative Court dated 02/07/2024 and numbered E:2023/1043, K:2024/1388, which annulled the contested decision, claiming that it is contrary to law and legislation, pursuant to Article 45 of the Administrative Procedure Law No. 2577. It is requested that the case be reviewed and overturned through an appeal process in accordance with the relevant article.
Turkish citizenship by work permit
In the lawsuit filed seeking the annulment of the Istanbul Governorship Provincial Directorate of Migration Management’s decision dated 03.03.2023 and numbered 770702.101.14.15, which revoked the family residence permit of the plaintiff, a citizen of Kazakhstan, valid between 29.06.2021 and 29.06.2024, effective from 13.02.2023; The plaintiff filed a lawsuit seeking the annulment of the Istanbul Governorship Provincial Directorate of Migration Management’s decision dated 13.02.2023 and numbered 770702.101.18.03.10, which ordered the plaintiff’s deportation pursuant to Article 54/1-(d) of Law No. 6458 on the grounds that the plaintiff’s family residence permit was revoked due to a deportation order issued against him, and that proceedings were initiated against him for making false statements in the preparation of an official document. The court, in its decision dated 28.03.2024 and numbered E:2023/8236, K:2024/1779, definitively dismissed the case. Therefore, since the deportation order forming the basis of the disputed action is still active, the court concluded that there was no illegality in the contested action regarding the revocation of the plaintiff’s family residence permit on the grounds of a deportation order, and dismissed the case on the grounds of this decision by the Istanbul 16th Administrative Court dated 28/03/2024. The plaintiff requests the annulment of decision numbered E:2023/8757, K:2024/1780, pursuant to Article 45 of the Administrative Procedure Law No. 2577, on the grounds that she is married to a Turkish citizen, does not pose a threat to public order and security, that a decision of non-prosecution was issued as a result of the investigation conducted against her, that she was prevented from applying for Turkish citizenship due to the situation, that the unlawful actions taken against her lack a legal basis, that she meets the conditions stipulated in the legislation, and that the contested action and the court decision are contrary to law and legislation.
Turkish citizenship requirements (4)
In the lawsuit filed by the plaintiff, a Syrian national, seeking the annulment of the decision numbered 95216523-2023-126-218, which dismissed the citizenship application file pursuant to Article 19, paragraph 5 of the Regulation on the Implementation of the Law No. 5901 on the Acquisition of Turkish Citizenship, on the grounds that the citizenship application file did not meet the condition of not posing an obstacle in terms of national security and public order as required by Article 11/1-(g) of the said Law on the Acquisition of Turkish Citizenship; Taking into account all the matters stated in the decision, and as a result of the investigation conducted regarding the plaintiff, it was determined that the plaintiff did not meet the condition of “not having a situation that would constitute an obstacle in terms of national security and public order” regulated in Article 11(g) of Law No. 5901; it was accepted that there were sufficient judicial and administrative records and information to justify the use of broad discretionary power in this area, where a high degree of caution could be exercised; in this context, it was understood that the plaintiff’s application file should not have been sent to the Ministry of Interior by the Istanbul Governorship in accordance with Article 19, paragraph 5 of the Regulation on the Implementation of the Turkish Citizenship Law; therefore, the decision of the Istanbul 2nd Administrative Court dated 05/07/2024 and numbered E:2024/801, K:2024/1084, rejecting the case on the grounds that there was no illegality in the contested action, is hereby overturned. The plaintiff argues that the action lacks justification, does not threaten public order and security, that the discretionary power was used unlawfully, that it meets the conditions stipulated in the legislation, that the investigation was incomplete, and that the contested action and the court decision are contrary to law and legislation, and requests that it be reviewed and overturned through appeal pursuant to Article 45 of the Administrative Procedure Law No. 2577.
Turkish citizenship by marriage
The plaintiff, a citizen of the Syrian Arab Republic, seeks the annulment of the Ministry of Interior’s decision dated 08/09/2023 and numbered 2023/672, which rejected her application for Turkish citizenship through marriage. Summary of the First Instance Court Decision: The Ankara 20th Administrative Court, in its decision dated 22/05/2024 and numbered E: 2024/292, K: 2024/841, ruled as follows: The court ruled to dismiss the case on the grounds that the General Directorate of Security’s letter regarding the plaintiff stated that the plaintiff’s spouse could pose a risk to public order and national security; that an examination of the UYAP records concerning the plaintiff’s spouse, Ekrem Okaya, revealed that he was being prosecuted by the Hatay 2nd Criminal Court of First Instance for intentional injury and endangering public safety, and by the Adana 6th High Criminal Court under case number E:2012/28 for forming an organization with the intent to commit a crime; and that, considering that the matter of granting Turkish citizenship falls within the sovereign authority of the State, the defendant administration, within its discretionary power, evaluated the records concerning the plaintiff and his Turkish citizen spouse, and therefore, the contested decision to reject the citizenship application pursuant to Article 16 of Law No. 5901, which grants discretionary power to the administration, was found to be unlawful.
