🔹 1. Legal Framework (Yasal Çerçeve)
According to Turkish Civil Law, the right to marry is considered a fundamental civil right and applies to all individuals, regardless of their nationality or immigration status — including refugees, asylum seekers, and stateless persons.
The legal basis comes from:
- Turkish Civil Code (Law No. 4721)
- Regulates the conditions of a valid marriage, such as age, consent, and absence of legal impediments.
- Law on Foreigners and International Protection (Law No. 6458)
- Defines the legal statuses and residency rights of foreigners, including those under international or temporary protection.
- Provides the administrative framework for the Directorate General of Migration Management (DGMM), which plays a key role in issuing identity documents to refugees and others under protection.
🔹 2. Key Conditions for Marriage
To get married in Turkey, all individuals (regardless of nationality or immigration status) must meet the general legal requirements:
- ✅ Minimum Age:
The individual must be at least 18 years old.- Exceptionally, those aged 17 can marry with parental consent.
- Those aged 16 need both parental consent and a court order.
- ✅ Mental Capacity:
Must be mentally competent and capable of giving free and informed consent. - ❌ Not Already Married:
Polygamy is prohibited in Turkey. Marriage is only possible if both parties are legally single, divorced, or widowed. - ❌ No Close Kinship:
Marriages between close blood relatives (siblings, parents, uncles/aunts, nephews/nieces) are strictly forbidden.
🔹 3. Required Documents
To legally register a marriage in Turkey, the following documents are generally required for refugees, asylum seekers, or stateless persons:
- Identity or Registration Card
- Issued by the Directorate General of Migration Management (Göç İdaresi).
- Should reflect the individual’s current legal status (international protection, temporary protection, or stateless person).
- Certificate of No Impediment to Marriage (Evlenme Ehliyet Belgesi)
- This document confirms that the individual is not currently married and legally permitted to marry.
- Normally issued by the foreign national’s home country consulate.
- For refugees/stateless persons, this is often unobtainable, in which case a court decision in Turkey can replace it.
- Health Report
- Must be obtained from a government/state hospital in Turkey.
- Confirms that neither party carries contagious or marriage-prohibiting diseases.
- Photos and Declarations
- Passport-sized photos (usually 4–6 copies).
- Written declaration of intent to marry.
- Document Translation and Notarization
- All documents in a foreign language must be officially translated into Turkish and notarized.
- In some cases, documents may require Apostille certification (if applicable under the Hague Convention).
🔹 4. Additional Notes and Practical Considerations
- ⚖️ Court Approval for Stateless or Undocumented Individuals
- If an individual lacks any legal identity document or cannot obtain a certificate of no impediment, they may need to apply to a civil court in Turkey.
- The court may issue a judicial permission to marry after verifying the person’s eligibility.
- 🏛️ Municipality Discretion
- Civil marriages are registered by municipal marriage offices (evlendirme daireleri).
- Each municipality may have specific administrative requirements or ask for additional documentation, especially in cases involving refugees or stateless persons.
- 🔍 Verification Process
- The marriage office may carry out identity and document checks to ensure the authenticity of the marriage and rule out marriage fraud (e.g., for immigration benefits).
- 🚫 Risk of Rejection or Delay
- Lack of valid documentation or incomplete paperwork can delay or prevent the marriage registration.
- It’s advisable to contact the local municipality in advance to confirm requirements.
🔹 5. Why Legal Assistance is Recommended
Marriage involving foreign nationals with complex immigration statuses can be legally sensitive and may require:
- Navigating Turkish administrative procedures,
- Preparing or legalizing foreign documents,
- Addressing legal incapacity or documentation issues.
✅ Therefore, it is highly recommended that individuals in such situations consult a qualified lawyer in Turkey to avoid legal complications and ensure their marriage is properly registered.
Legal Framework:
- Under Turkish law, everyone has the right to marry, including refugees, asylum seekers, and stateless individuals, provided they meet certain legal requirements.
- Governed primarily by:
- Turkish Civil Code (Law No. 4721) – Marriage conditions.
- Law on Foreigners and International Protection (Law No. 6458) – Legal status of refugees/asylum seekers/stateless persons.
Key Requirements:
- Must be over 18 and mentally competent.
- Must not be already married (bigamy is illegal).
- Must not be closely related to the spouse.
Required Documents:
- Identity or registration card issued by the Directorate General of Migration Management (Göç İdaresi).
- Certificate of no impediment to marriage (can be replaced with a court decision if unobtainable).
- Health report from a state hospital in Turkey.
- Translations of documents into Turkish, with notarization.
Notes:
- Stateless or undocumented individuals may need to seek a court ruling allowing them to marry.
- Local municipalities may require additional verification.
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