In Turkey, marrying a Turkish citizen does not automatically entitle the foreign spouse to acquire Turkish citizenship. Instead, the process is subject to a discretionary decision by the relevant administrative authority. This discretion, while lawful, often leads to questions: Can a rejection be challenged? Is it final?

In this article, we explore how Turkish authorities exercise discretion in citizenship applications based on marriage, and under what conditions such a rejection can be legally contested.

Marriage Does Not Guarantee Citizenship

Under Article 16 of the Turkish Citizenship Law (Law No. 5901), a foreigner who has been married to a Turkish citizen for at least three years and continues to live in a genuine marital union may apply for Turkish citizenship. However, fulfilling these conditions does not automatically grant citizenship. The Ministry of Interior evaluates whether the applicant poses any risk to national security or public order — broad and somewhat undefined legal concepts.

What Is “Administrative Discretion”?

Administrative discretion allows Turkish authorities to make evaluative judgments when considering citizenship applications. While the law outlines minimum eligibility conditions, it also grants the state wide authority to accept or reject applications depending on the specific circumstances.

This discretion is not arbitrary. It must align with the public interest and legal certainty principles under the Turkish Constitution. If an authority’s decision appears to lack a rational basis or is not supported by concrete evidence, courts may intervene.

National Security and Public Order: Vague Yet Powerful

One of the most frequently cited reasons for rejecting a marriage-based citizenship application is a supposed threat to national security or public order. However, these terms are not explicitly defined in the law. In practice, this means that a rejection could be based on:

• Intelligence reports (e.g. from the National Intelligence Organization or Police)

• Criminal background checks

• The spouse’s prior convictions

• Allegations of sham marriages or immoral conduct

However, courts have repeatedly emphasized that administrative bodies cannot rely solely on vague or unsubstantiated allegations. For instance, a citizenship denial based solely on a general intelligence note — without specific evidence — may be overturned by the judiciary.

Can the Rejection Be Challenged in Court?

Yes. Marriage-based citizenship rejections can be reviewed in Administrative Courts. Turkish jurisprudence recognizes that while the state holds discretion, it must be exercised within legal boundaries. If a court finds that the decision:

• Is not based on any real threat or evidence

• Violates the principle of proportionality

• Relies on discriminatory or irrelevant grounds

then the decision can be annulled.

For example, courts have annulled rejections where the applicant had no criminal record, lived in a genuine marital union, and there were no credible national security risks — despite the ministry’s claim to the contrary.

Conclusion: A Rejection Is Not the End

Being denied Turkish citizenship based on marriage does not necessarily mean you are out of options. The law allows for judicial review, and many applicants have successfully appealed administrative decisions. If your application has been rejected, a qualified Turkish citizenship lawyer can assess your case, evaluate the reasoning behind the rejection, and represent you in court if necessary.