The Supreme Court: marriage to a Cypriot citizen does not entail the automatic grant of Cypriot citizenship.
The Supreme Constitutional Court delivered an important judgment with broader implications for migration policy and the naturalisation regime, holding that the marriage of a foreign national to a Cypriot citizen does not in itself create an automatic entitlement to the grant of Cypriot citizenship.
By a unanimous judgment dated 10 December 2025, the Court dismissed the appeal of a foreign applicant against the judgment of the Administrative Court, which had rejected his application for registration as a citizen of the Republic of Cyprus under section 110 of Law No. 141(I)/2002 by virtue of his marriage to a Cypriot citizen.
The State’s broad discretionary powers
In its judgment, the Supreme Constitutional Court confirmed that section 110 does not confer an entitlement to naturalisation, but merely governs the procedure under which a foreign national may apply for registration as a citizen of the Republic.
The final decision, the Court stated, falls exclusively within the discretionary powers of the Minister of the Interior, who is required to assess each case on the basis of specific and objective criteria.
The decisive significance of the applicant’s history and conduct
The Court attached particular importance to the fact that the Administrative Court had comprehensively examined the applicant’s administrative file and had taken into account his overall background and conduct.
The judgment notes that there were problematic aspects, including matters connected with incidents of domestic violence, which were regarded as material to the final decision to refuse the application.
Compliance with European and international law
The Supreme Constitutional Court held that the refusal to register the applicant did not infringe either Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms (the right to respect for private and family life), or the applicable law of the European Union, or Article 15 of the Constitution of the Republic of Cyprus.
As emphasised in the judgment, the determination of the conditions for the acquisition and loss of nationality, in accordance with international law and the case-law of both the Court of Justice of the European Union and the European Court of Human Rights, falls within the sovereign competence of each Member State.
Provided that the refusal is based on objective and reasonable criteria aimed at safeguarding the interests of the State, and does not introduce discriminatory distinctions, it is regarded as lawful.
A precedent for future cases
This judgment is regarded as particularly significant, as it clearly clarifies the legal framework governing the registration of foreign nationals as citizens of the Republic of Cyprus on the basis of marriage and is expected to serve as guidance for similar cases in the future, reinforcing the State’s position as regards its discretionary powers in matters of citizenship.
Author: Georgios Kosasvili
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