The Effects of Revocation of Turkish Citizenship on Spouses and Children

yazarı lawyerfbc

açık Kasım 17, 2025

1. Introduction

Citizenship is not only a legal status; it is the core of a person’s identity, political belonging, and legal bond with the state. Acquiring citizenship can open the door to residence, work, social security, inheritance, and political rights. However, under Turkish law as in many other jurisdictions, citizenship may in certain exceptional situations be revoked or cancelled — especially where it was obtained by fraud, concealment, or abuse of law.

When the revocation of Turkish citizenship is on the agenda, the first reaction of many clients is to ask:

“What will happen to my spouse and my children if my Turkish citizenship is cancelled?”

This question is not only emotionally sensitive but also legally complex. The revocation of citizenship primarily targets the person who obtained it unlawfully or abusively. Yet that person often acquired citizenship together with family members or later enabled a spouse and children to obtain Turkish citizenship based on the same legal ground. This raises serious issues about the legal fate of the family members, the continuity of family life, and the protection of children’s best interests.

This article provides a comprehensive, practitioner-oriented analysis of:

the legal framework on revocation (cancellation) of Turkish citizenship,
the grounds and procedures for revocation,
the direct consequences for the person whose citizenship is revoked, and
most importantly, the impact on spouses and children under Turkish Nationality Law, read together with constitutional guarantees and international human-rights standards.

The focus is on revocation / cancellation of citizenship due to defects in acquisition (fraud, sham marriage, misrepresentation, etc.), not on ordinary automatic loss of citizenship or voluntary renunciation.

2. Legal Framework: Revocation of Turkish Citizenship

2.1. Types of Loss of Citizenship under Turkish Law

Turkish Nationality Law (Law No. 5901) distinguishes between several mechanisms by which a person may cease to be a Turkish citizen. In simplified terms, these mechanisms include:

Losing citizenship by decision of the competent authority (for example, deprivation due to acts against national security or failure to fulfill certain obligations),
Permission to renounce citizenship,
Loss of citizenship through exercise of a right of choice, and
Cancellation (revocation) of acquisition of citizenship, where the initial acquisition is later deemed invalid because it was based on fraud, concealment of material facts, or similar defects.

While all of these mechanisms result in the individual no longer being a Turkish citizen, revocation has a particular legal character: it targets the initial acquisition itself.

2.2. Concept of Revocation (Cancellation) of Citizenship Acquisition

Revocation (often referred to as cancellation of citizenship acquisition) is an administrative decision that declares the original acquisition of Turkish citizenship to be invalid from the outset, because of serious defects in the process. Typical examples include:

Obtaining citizenship by concealing important facts (e.g., criminal records, existing marriage, or security-related information),
Providing false statements or forged documents,
Sham marriages concluded solely to obtain citizenship, without a genuine marital relationship, and
Other forms of abuse of legal procedures regarding citizenship.

In legal theory, such a cancellation decision has an ex tunc effect: it treats the person as if they had never validly acquired Turkish citizenship in the first place, subject to certain protective rules for third parties and family members.

2.3. Guiding Principles

Any assessment of how revocation affects spouses and children must be guided by several fundamental principles:

Legality and legal certainty: Conditions for revocation must be clearly regulated in law, and the scope of the decision must be foreseeable.
Non-collective punishment: Citizenship sanctions should not automatically punish family members who had no involvement in the fraudulent or abusive conduct.
Protection of acquired rights and good-faith third parties: Spouses and children who acted in good faith should, as a rule, not be placed in a worse position than necessary.
Best interests of the child: In all decisions affecting children’s citizenship and residence status, their best interests must be a primary consideration.
Prevention of statelessness: Although not absolute, Turkish and international law seek to avoid leaving individuals stateless whenever reasonably possible.

These principles are crucial for understanding the scope and limits of a revocation decision and its ripple effects on family members.

3. Grounds for Revocation and Their Family Dimension

3.1. Fraud and Misrepresentation

One of the most frequent grounds for revocation of Turkish citizenship is fraud. Fraud can take many forms:

Submitting forged identity documents,
Hiding a serious criminal conviction,
Misstating personal status (e.g., claiming to be single while actually married),
Concealing activities that may be considered a threat to public order or national security.

In many cases, the fraudulent statements relate to personal circumstances that were also used as a basis to bring the spouse and children into the process (for example, false information about family composition, residence, or income). This connection may later raise doubts about whether the spouse and children themselves were in good faith or knowingly participated in the fraud.

3.2. Sham Marriages

A significant category concerns citizenship by marriage. Under Turkish law, a foreign spouse may acquire Turkish citizenship after a certain period of genuine marital union with a Turkish citizen. If it later emerges that the marriage was fictitious and concluded solely to obtain citizenship, authorities may:

revoke the citizenship acquired by the foreign spouse, and
scrutinize any subsequent derivative acquisitions, such as children or other family members who obtained Turkish citizenship based on that marriage.

This is particularly relevant where the marriage ended quickly after citizenship was granted, or where spouses never lived together as a family.

3.3. Security-Related Grounds

In some cases, citizenship may be revoked due to serious threats to national security, involvement in terrorist organizations, or participation in activities directed against the fundamental interests of the state. These situations are legally and politically sensitive. When the state considers such measures, it must balance national security considerations with the rights of family members, especially minor children who are not responsible for the actions of the parent.

4. Direct Consequences for the Person Whose Citizenship Is Revoked

Before analyzing the situation of spouses and children, it is useful to outline the direct consequences for the individual whose citizenship is cancelled.

4.1. Loss of Citizenship Status and Identity Documents

Revocation results in:

loss of Turkish nationality status,
invalidation of Turkish identity card and passport, and
termination of the rights and duties linked to Turkish citizenship (political rights, certain employment rights reserved for citizens, etc.).

The person reverts to their previous nationality, if any. If they do not hold another nationality, there is a serious risk of statelessness, subject to any protective rules that may apply.

4.2. Residence and Deportation Risks

Once Turkish citizenship is cancelled, the individual becomes a foreign national in Turkey. Their future lawful stay may require:

obtaining a residence permit,
securing another legal basis for stay (e.g., work permit, family residence permit), or
facing the risk of an administrative deportation order, especially if there are security-related concerns or unlawful stay.

The existence of Turkish citizen children or a Turkish citizen spouse is an important factor in the assessment of family life and proportionality, but it does not automatically guarantee a right to remain.

4.3. Social Security, Property and Inheritance

Revocation can have knock-on effects on:

entitlement to certain public services and social security benefits (which may be conditional on citizenship),
eligibility for public employment or professional activities reserved for Turkish citizens,
participation in elections and referenda, and
sometimes the tax status of the person.

However, property rights, contractual rights, and vested interests that arose and were lawfully acquired are not automatically extinguished solely because citizenship is revoked. Confiscation or deprivation of property would require separate legal grounds and procedures.

5. Impact on Spouses: Core Legal Issues

The central question for many families is whether revocation of one spouse’s Turkish citizenship automatically extends to the other spouse who acquired citizenship based on that marriage.

5.1. Independence of the Spouse’s Citizenship Status

A key principle is that the spouse’s citizenship status is not automatically extinguished just because the other spouse’s citizenship is revoked. Authorities must examine:

On what legal basis did the spouse obtain Turkish citizenship?
- Directly and exclusively via the fraudulent or sham marriage?
- Through a separate individual application (for example, exceptional acquisition, long-term residence, investors’ program)?
Did the spouse act in good faith?
- Was the spouse aware of the fraud or misrepresentation?
- Did the spouse participate in providing false evidence?

If the spouse independently fulfilled the legal conditions and acted in good faith, the general approach is protective: their citizenship should not be revoked solely because of the other spouse’s misconduct, unless there is direct evidence implicating them.

5.2. Spouses Acquiring Citizenship by Marriage

In practice, many foreign spouses acquire Turkish citizenship by virtue of marriage to a Turkish citizen, based on conditions such as:

a specific duration of marriage,
cohabitation as a family,
absence of conduct incompatible with family unity and national security.

Where the Turkish citizenship of the original Turkish spouse is later cancelled, the issue becomes: what happens to the foreign spouse who previously relied on the other spouse’s Turkish nationality?

Key considerations include:

Timing:
- Did the foreign spouse already complete the required residence and cohabitation period and receive citizenship in their own name?
- Or is the process still ongoing when the revocation occurs?
Good Faith:
- If the foreign spouse genuinely believed in the authenticity and legality of the marriage and did not participate in fraud, authorities should avoid collective punishment.
Nature of the Revocation Ground:
- If the revocation is based solely on circumstances personal to the original spouse (e.g., later-discovered security issues unrelated to the marriage), it is less justifiable to affect the other spouse’s citizenship.
- If the revocation is based on the sham nature of the marriage itself, authorities may consider whether the foreign spouse also engaged in sham behaviour.

In many legal systems, where the marriage is declared as sham, the foreign spouse’s citizenship can also be subject to revocation proceedings, but only after an individual assessment of their conduct.

5.3. Protection of Good-Faith Spouses

The good-faith spouse — who neither knew nor should have known about the fraud — is generally protected through:

the principle of legal certainty,
the prohibition of arbitrary deprivation of citizenship, and
the obligation to respect family life under international human-rights instruments.

In assessing whether to revoke their citizenship, administration and courts must ask:

Did the spouse personally provide any false information or forged document?
Would revocation of the spouse’s citizenship be proportionate in light of the length of residence, integration, and existence of Turkish citizen children?
Is there a risk of statelessness for the spouse?

Where the answers favour the spouse, they should retain their Turkish citizenship even if their partner’s citizenship has been cancelled.

5.4. Spouses Who Are Still Foreigners

If the spouse has not yet acquired Turkish citizenship and remains a foreign national at the time of the other spouse’s revocation, the impact is different. In such cases:

The spouse may lose the future opportunity to acquire Turkish citizenship by marriage, because the legal bond of “marriage with a Turkish citizen” no longer exists.
They may still apply for a residence permit on other grounds (for example, through Turkish citizen children or long-term residence).
If they have built their entire life in Turkey, authorities must take family unity and proportionality into account when considering expulsion or refusal of residence.

6. Effects on Children: Citizenship, Residence and Rights

The situation of children is often the most sensitive and complex part of revocation cases. Children may have obtained Turkish citizenship:

at birth, if one parent was a Turkish citizen,
through inclusion in the parent’s naturalisation process, or
through later declarations or decisions linked to the parent’s status.

6.1. Basic Principles

Several basic principles govern decisions affecting children:

Best interests of the child: In any administrative or judicial decision concerning children’s nationality, residence or family life, the child’s best interests are a primary consideration.
Non-responsibility: Children cannot be held responsible for their parents’ fraudulent actions or political activities.
Prevention of statelessness: Where possible, children should not be left without any nationality.
Protection of family unity: Authorities should avoid measures that unnecessarily split families or destroy family life.

These principles influence whether children’s citizenship is maintained or whether loss of citizenship may exceptionally extend to them.

6.2. Children Who Acquired Citizenship with the Parent by Naturalisation

In many cases, minor children acquire Turkish citizenship as dependent beneficiaries when a parent is naturalised. If the parent’s acquisition is later revoked, the legal question arises: does the revocation automatically extend to the children?

In the absence of clear individual wrongdoing by the children, the trend in modern nationality law is to avoid automatic loss for minors, particularly where:

the children have lived for a long time in Turkey,
they are integrated (school, language, social connections), and
they may not have a strong legal link to another country.

Even if the law allows revocation to formally extend to family members, administrative authorities must apply it in a manner that respects children’s rights and avoids disproportionate consequences.

6.3. Children Who Acquired Citizenship by Birth from a Parent Later Found to Have Obtained Citizenship Fraudulently

A more delicate situation arises when:

a parent acquired Turkish citizenship (perhaps by fraud),
later had children who automatically obtained Turkish citizenship by descent, and
years later the parent’s citizenship is cancelled.

Here, the children’s claim to Turkish citizenship does not rest directly on the fraudulent act but on blood relationship with a person recorded as a Turkish citizen at the time of their birth. The legal and ethical question is whether the child’s citizenship can be considered “infected” by the parent’s fraud.

From the perspective of the best interests of the child and legal certainty, there are strong arguments that:

children born when their parent was officially registered as Turkish should be able to retain their citizenship, particularly if they have grown up in Turkey, and
any interference with that status must be subject to strict proportionality review, with serious justification.

In practice, courts tend to be extremely cautious about depriving such children of citizenship.

6.4. Children’s Residence and Deportation Risks

Even where children retain Turkish citizenship, the revocation of their parent’s citizenship may affect:

the parent’s right to reside with them,
family reunification possibilities,
social and financial stability.

Where children are Turkish citizens and the parent becomes a foreign national, it would be highly problematic to deport the parent without carefully assessing:

the child’s dependence on that parent,
availability of alternative caregivers in Turkey, and
potential harm to the child’s development if separated.

International human-rights bodies consistently stress that a child should not be forced to leave their own country because of measures taken against a parent. Authorities must therefore seek less intrusive solutions, such as granting or renewing residence permits, unless compelling reasons exist to exclude the parent from the territory.

7. Procedural Safeguards and Judicial Review

7.1. Administrative Procedure

Revocation of citizenship is carried out by administrative decision of the competent authorities (typically after investigation and cross-checking of data from various institutions). Before a decision is taken, the person concerned should, as a matter of due process:

be informed of the allegations,
be given an opportunity to submit observations and evidence,
be able to challenge the accuracy of documents and testimonies used against them.

This is particularly important where the alleged fraud or sham marriage is contested.

7.2. Right to Judicial Review

Because revocation of citizenship is a far-reaching measure affecting identity, family life and legal status, the person concerned has the right to seek judicial review of the decision before administrative courts. The courts will examine:

whether the legal conditions for revocation existed,
whether the administration’s investigation was adequate and fair,
whether the decision respects proportionality, especially in light of its effects on family members, and
whether fundamental rights (such as respect for family and private life) were properly weighed.

Spouses and children whose legal status is directly affected may also have a legitimate interest to participate in the proceedings or bring related actions.

7.3. Role of International Human-Rights Law

Turkey is a party to various human-rights instruments, including the European Convention on Human Rights (ECHR) and the UN Convention on the Rights of the Child. While nationality is primarily within the state’s discretion, these treaties impose constraints:

Revocation of citizenship and subsequent deportation must not result in inhuman or degrading treatment,
Interference with family life must be necessary and proportionate,
Decisions affecting children must seriously consider their best interests and their right to maintain a relationship with both parents, where possible.

These norms provide additional legal arguments in litigation concerning the impact of revocation on spouses and children.

8. Practical Scenarios and Risk Analysis for Families

To better understand how these principles work in practice, it is helpful to consider some typical scenarios.

8.1. Scenario 1: Sham Marriage with No Children

A foreign national marries a Turkish citizen solely to obtain citizenship, and the couple never lives together in a genuine family union.
After a short period, they divorce.
The foreign spouse is naturalised as a Turkish citizen based on that marriage.
Later, authorities discover that the marriage was sham and revoke the foreign spouse’s citizenship.

In such a case:

The original Turkish spouse is generally unaffected in terms of citizenship, because their Turkish nationality is not derived from the sham arrangement.
There are no children, so the effects on family members are limited.
The foreign spouse may be subject to deportation or required to obtain a different legal basis for stay if they want to remain in Turkey.

8.2. Scenario 2: Sham Marriage with Children Born in Turkey

A foreign national enters a sham marriage with a Turkish citizen but over time a genuine relationship develops, and children are born.
The foreign spouse acquires citizenship; the children are considered Turkish citizens by birth.
Years later, the marriage’s original fraudulent purpose comes to light, and the foreign spouse’s citizenship is revoked.

Here, authorities must carefully balance:

the historic sham element, and
the current reality of family life and the children’s integration.

Even if the foreign spouse’s citizenship is cancelled, the children’s citizenship should not lightly be removed, particularly if they have known no other country. The parent may seek a residence permit as the parent of Turkish citizen children, and the family may argue that deportation would severely harm the children’s best interests.

8.3. Scenario 3: Fraudulent Naturalisation Used to Bring Spouse and Children

A person acquires Turkish citizenship through exceptional means (investment, high-level contribution, etc.) but hides a serious criminal past.
After naturalisation, the person applies for their spouse and children to obtain Turkish citizenship by family reunification.
The whole family becomes Turkish.
Later, the authorities discover the concealed criminal history and decide to revoke the initial naturalisation.

The legal question is whether the spouse and children, who themselves may be entirely innocent, should lose their citizenship as well. Here, the principles of good faith, acquired rights, and best interests of the child are central. A strong argument can be made that, unless they personally committed fraud or pose a security threat, the spouse and children’s Turkish citizenship should remain intact, even if the original applicant loses theirs.

9. Strategic Considerations and Recommendations for Affected Families

For lawyers and families facing potential or actual revocation of Turkish citizenship, several strategic points are crucial.

9.1. Early Legal Advice and Evidence Collection

Once there is any indication that authorities are investigating the manner in which citizenship was acquired, individuals should:

seek early legal advice from a practitioner experienced in Turkish citizenship and foreigners’ law,
collect all documents and evidence supporting the genuineness of their marriage, residence, and integration (e.g., joint leases, photos, communication records, school enrolment of children, social support in Turkey),
demonstrate that the spouse and children acted in good faith, especially where the main allegations concern the conduct of one family member.

Prompt preparation can significantly influence the outcome of administrative and judicial processes.

9.2. Focusing on the Independent Position of Spouses

Where the spouse has:

lived in Turkey for many years,
built their own professional and social life, and
fulfilled legal conditions for citizenship on an individual basis,

the defence strategy should highlight that their citizenship has an independent foundation and should not automatically fall because of the other spouse’s misconduct.

Arguments can include:

the spouse’s separate integration into Turkish society,
absence of any personal involvement in fraud, and
possible violation of legal certainty and proportionality if their citizenship is revoked.

9.3. Emphasising Children’s Rights

In cases involving children, legal submissions should:

clearly set out the age, schooling, language skills, and social ties of each child,
show how Turkey is the centre of the child’s life,
explain the psychological and developmental harm that would result from loss of citizenship or forced relocation, and
invoke the best interests of the child as a decisive factor.

Courts and authorities are generally more receptive when the argument is framed around concrete child-focused consequences rather than abstract legal formulas.

9.4. Alternative Residence Paths if Revocation Is Inevitable

Even where revocation of an adult’s citizenship proves inevitable, it may still be possible to regularise their stay in Turkey through:

family residence permits (for parents of Turkish citizen children or spouses of Turkish citizens),
long-term residence permits if previous lawful stay conditions are met,
other specific categories (work permits, humanitarian residence, etc.).

A thorough analysis of foreigner law options is essential to mitigate the impact of losing citizenship, especially for maintaining family unity.

10. Conclusion

Revocation of Turkish citizenship is one of the most severe measures the state can take in the nationality field. It not only affects the legal identity of the person concerned but also has profound repercussions on family members, particularly spouses and children who may have acquired their own Turkish citizenship or lawful residence status through that person.

Under the structure of Turkish Nationality Law and the guidance of constitutional and international human-rights principles, the following key conclusions emerge:

Revocation targets the individual’s defective acquisition, not the family as a whole. Any extension to spouses and children must be carefully justified and individually assessed.
Spouses do not automatically lose their citizenship when the other spouse’s citizenship is revoked. Their good faith, independent fulfilment of legal conditions, and personal integration into Turkey are crucial factors.
Children enjoy enhanced protection, grounded in the best-interests principle and the prevention of statelessness. Revoking a child’s citizenship because of a parent’s fraud or misconduct is an extreme measure and must pass a strict proportionality test.
Procedural safeguards and judicial review are essential. Affected persons have the right to challenge revocation decisions and to invoke domestic and international human-rights standards.
Even where revocation stands, alternative residence solutions may preserve family unity and protect children’s rights, reducing the disruptive impact of the decision.

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