Marrying a Turkish citizen is more than just a personal union for foreigners; it opens the door to a significant range of legal rights and advantages in Turkey. However, these rights are not automatically granted as one might assume and often require completing specific processes. This guide comprehensively and simply explains the fundamental rights of foreigners married to Turkish citizens, the processes for acquiring them, and critical points to be aware of, offering you a resource you can refer to for years.

1. Right to Residence: The First Step to Legal Stay in Turkey

For foreigners married to Turkish citizens, the most basic and first acquired right is the legal right to reside in Turkey.

A. Family Residence Permit

• How it’s Acquired: Obtained through the invitation and sponsorship of the Turkish citizen spouse. The marriage must be officially registered, and the spouses must reside together.
• Advantages: Grants the right to a long-term and uninterrupted legal stay in Turkey. Initially, it’s typically issued for 1 or 2 years and can be extended as long as the marriage continues. Children can also benefit from this residence permit.
• Important Note: A family residence permit is not a work permit by itself. However, holders of a family residence permit who meet certain conditions can apply separately for a work permit to work in Turkey.

2. Right to Work: Opening the Doors to Legal Employment

Foreigners married to Turkish citizens may benefit from some facilitations when obtaining a work permit in Turkey.

• Work Permit Application: Foreigners holding a family residence permit who wish to work for an employer or independently in Turkey must apply for a work permit to the Ministry of Family, Labour and Social Services.
• Streamlined Process: Compared to other foreign nationals, work permit applications for foreigners married to Turkish citizens may be evaluated with a more flexible approach regarding certain assessment criteria, such as the labor market survey. For instance, in some cases, an exemption from the requirement for a specific ratio of Turkish citizen employees might be granted.
• Independent Work: Married foreigners who wish to establish their own business or engage in self-employment can also apply for an independent work permit.

3. Social Security Rights: Health and Retirement Assurance

Foreigners married to Turkish citizens have the right to benefit from the social security system in Turkey.

• General Health Insurance (GSS): Foreigners with a family residence permit can be included under the General Health Insurance (GSS) scheme through their spouse or by paying certain premiums. This allows them to benefit from healthcare services in Turkey under favorable conditions.
• SGK Coverage Through Employment: If the foreign spouse obtains a work permit and starts working for an employer in Turkey, they will be insured under the Social Security Institution (SGK), just like Turkish citizens. They will then benefit from healthcare services, as well as social rights such as retirement, occupational accidents, and occupational diseases.

4. Right to Acquire Turkish Citizenship: The Biggest Advantage

One of the most significant rights for foreigners married to Turkish citizens is the possibility of acquiring Turkish citizenship, provided they meet certain conditions.

• Conditions:
  • Married to a Turkish Citizen for at least Three Years: The marriage must have officially continued for at least three years at the time of application.
  • Marriage Must Still Be Ongoing: The marriage must be continuing both de facto and legally at the time of application.
  • Living within a Family Unit: Beyond the official marriage, the spouses must prove they genuinely live together within a family unit. (Sham marriages are not accepted.)
  • Not Engaged in Activities Incompatible with the Marital Union: The foreigner must not be involved in any activities contrary to the purpose of the marriage or unlawful.
  • No Obstacle in Terms of National Security and Public Order: The foreigner must not pose a threat to Turkey’s national security or public order. This is determined through security investigations.
• Application Process: Applications are made to the Directorates of Population and Citizenship Affairs in Turkey or to Turkish foreign representative offices (embassies or consulates) abroad. Security investigations and interviews to verify the authenticity of the marriage are crucial steps in this process.
• Important Note: This right may be lost if the marriage ends (except in the case of the spouse’s death). If the foreigner divorces before acquiring citizenship, they lose the right to apply for citizenship through marriage.

5. Inheritance and Property Acquisition Rights: Principle of Equality

Foreigners married to Turkish citizens are largely entitled to equal rights with Turkish citizens regarding inheritance and property acquisition.

• Inheritance Rights: According to the Turkish Civil Code, spouses are legal heirs to each other. Therefore, a foreign spouse married to a Turkish citizen has a legal share in the inheritance upon the death of their Turkish spouse. No distinction is made based on nationality in this regard.
• Acquisition of Immovable Property: Foreigners married in Turkey can acquire immovable property (housing, land, etc.), just like Turkish citizens, except for legal restrictions (e.g., limitations imposed on citizens of certain countries or military restricted zones). Their status within the marital union is considered in land registry records.

6. Right to Education: For Children and the Foreign Spouse

Children of foreigners married to Turkish citizens have the same educational rights as children of Turkish citizens.

• For Children: They face no discrimination in terms of enrolling in Turkish schools or benefiting from scholarships.
• For the Foreign Spouse: The foreign spouse themselves also has the right to pursue education in Turkish educational institutions (universities, language courses, etc.). The family residence permit facilitates this process.

Important Notes and Things to Consider

• Sham (Fictitious) Marriages: Marriages entered into solely for the purpose of acquiring citizenship or a residence permit, without a genuine family unit, are illegal. If such a situation is detected, acquired rights will be revoked, and legal sanctions may be applied to the individuals involved.
• Accuracy and Up-to-dateness of Documents: It is crucial that all documents submitted during the application processes are complete, up-to-date, and accurate. The use of forged documents leads to serious legal consequences.
• Professional Support: Residence, work, or citizenship processes can be complex and require detailed legal knowledge. To ensure a smooth process and avoid loss of rights, it is always advisable to seek support from a lawyer specialized in immigration law and citizenship law.

Being married to a Turkish citizen is an important step for foreigners in establishing roots and building a full life in Turkey. Knowing these rights and utilizing them correctly will help secure your future in Turkey.