One of the most challenging situations for foreigners who apply for Turkish citizenship is the rejection of the application, either with or without stated reasons. Many people who have lived in Türkiye for a long time, made investments, married, or wish to benefit from the right to exceptional citizenship do not know what steps to take when they face a rejection decision. However, appealing the rejection of Turkish citizenship is legally possible, and results can be obtained when the process is conducted correctly [1].
Why Is a Turkish Citizenship Application Rejected?
The rejection of citizenship applications is often not based on a single reason. The administration evaluates the application within the scope of general security, public order, and discretionary authority [2]. The most common grounds for rejection are as follows:
- The security investigation resulting negatively
- The application not being deemed suitable within the scope of administrative discretion
- Documents being incomplete or contradictory
- Failure to meet the condition of sufficient and regular residence in Türkiye
- An allegation of a concern in terms of public order or public security
- The conditions for exceptional citizenship not being met
A particularly important point to note is that some rejection decisions do not provide a concrete reason. This situation provides an important legal advantage during the appeal process.
What Does the Rejection of Turkish Citizenship Mean?
The rejection of a citizenship application does not mean that the applicant cannot stay in Türkiye. A rejection decision:
- Does not automatically cancel the residence permit
- Does not lead to a deportation decision
- Does not eliminate the right to reapply or appeal
Therefore, a rejection decision does not mean that the process has completely ended. The most important point is choosing the correct legal path in a timely manner.
Can a Turkish Citizenship Rejection Decision Be Appealed?
Yes. It is possible to appeal through administrative jurisdiction against the rejection of Turkish citizenship. Since the rejection decision is an administrative act, an annulment lawsuit may be filed before the administrative court [3].
The purpose of this lawsuit is:
- To establish that the rejection decision is unlawful
- To review the unjustified or disproportionate use of discretion
- To ensure that the application is re-evaluated
Time Limit for Appealing a Citizenship Rejection Decision
The time limit for filing a lawsuit against a Turkish citizenship rejection decision is 60 days. This period starts from the date on which the decision is notified to the person. If the time limit is missed, the right to file a lawsuit is lost [3].
“In annulment lawsuits to be filed against administrative acts, the time limit is sixty days from the date of notification.”
— Administrative Procedure Law No. 2577, Article 7 [3]
Therefore, when a rejection decision is received, it is extremely important to conduct a legal assessment without delay.
How Is an Appeal, namely an Annulment Lawsuit, Filed?
The appeal process proceeds as follows:
The rejection decision regarding the citizenship application is examined in detail. If there is a reason for rejection, its legality is assessed. If no reason is provided, the limits of the administration’s discretionary authority are analysed. An annulment lawsuit is filed before the competent administrative court. The court reviews whether the act is lawful. If the decision is annulled, the file is sent back to the administration and the application is re-evaluated.
The court does not decide whether citizenship will be granted; however, it removes the unlawful rejection decision.
Appealing Rejections of Exceptional Citizenship
In citizenship applications made through investment or exceptional grounds, rejection decisions are frequently encountered. The administration has broad discretionary authority in such applications. However, this authority is not unlimited [2].
Legal note: Although the administration has discretionary authority in citizenship applications, this authority is not unlimited. Administrative acts are subject to judicial review in terms of authority, form, reason, subject, and purpose [3], [4].
In exceptional citizenship files, courts particularly examine:
- Whether an arbitrary assessment was made
- Whether the security grounds are concrete
- Whether the principle of equality was violated
The Importance of a Lawyer in Turkish Citizenship Rejection Cases
Citizenship cases differ from classic administrative cases. They are conducted through abstract concepts such as security, public order, and discretionary authority. Therefore, the language of the petition, legal arguments, and strategy directly affect the outcome of the case.
In this field, Esra Aslan, who has experience in foreigners law and citizenship cases, carefully manages the process in lawsuits filed against citizenship rejection decisions. Attorney Esra Aslan aims to have the application re-evaluated by creating strong defences that review the administration’s discretionary authority within legal limits.
Can a New Citizenship Application Be Made After Rejection?
Yes. After a rejection decision, a new citizenship application may be made if:
- The conditions have changed
- The missing documents have been completed
- New legal circumstances have arisen
However, making a new application while an ongoing lawsuit exists should be strategically assessed.
Citizenship Annulment Cases
After Turkish citizenship has been acquired, the administration may pursue the annulment of citizenship if certain conditions exist. Citizenship annulment cases are generally based on allegations that false statements were made or that the application conditions were fulfilled contrary to the truth.
Acts related to the annulment of citizenship are also administrative acts and may be subject to lawsuits before administrative courts. In these cases, whether the administration’s allegations are concrete and lawful is examined in detail. Not every annulment decision is considered lawful; the principles of proportionality and acquired rights are subject to judicial review [4].
Problems in Citizenship Through Investment
Turkish citizenship through investment has been one of the most preferred exceptional citizenship routes in recent years [5]. However, in practice, applications may be rejected or problems may arise later due to the suitability of the investment amount, whether the investment has been maintained, or security assessments.
Problems experienced in citizenship through investment generally appear as follows:
- Rejection of the application
- The process not being concluded for a long time
- The risk of citizenship annulment
In such cases, the administration’s discretionary authority is not unlimited and is subject to legal review [2].
Residence Permit Rejection and Annulment Cases
The Turkish citizenship process is often directly connected with residence permits. The rejection of a residence permit application or the annulment of an existing permit affects both the citizenship process and the foreigner’s legal status in Türkiye [1].
In residence permit rejection and annulment cases, the following are examined:
- The legality of the reason for rejection or annulment
- Whether the personal and family situation was evaluated
- The concreteness of public order and security allegations
These cases are filed before administrative courts and are of great importance for protecting the foreigner’s right to remain in Türkiye.
The Most Common Mistakes in Citizenship Cases
The mistakes frequently made in practice are as follows:
- Missing the 60-day lawsuit period
- Not filing a lawsuit against an unjustified rejection decision
- Preparing the legal petition superficially
- Managing the process without obtaining lawyer support
- Confusing reapplication with litigation routes
These mistakes may lead to losses of rights that are difficult to remedy.
Overall Assessment
Appealing the rejection of Turkish citizenship is a legal path that can produce effective results when conducted correctly. A rejection decision is not final and unchangeable. The administration’s discretionary authority is subject to judicial review, and unlawful acts may be annulled.
If your Turkish citizenship application has been rejected, the most appropriate approach is to proceed with professional legal support rather than leaving the process to chance. At this point, Attorney Esra Aslan’s experience in citizenship law provides a strong advantage for the application to be re-evaluated fairly.
Comparison of Legal Remedies
| Legal Remedy | Application Authority | Time Limit | Possible Result | Legal Basis |
|---|---|---|---|---|
| Annulment lawsuit against rejection decision | Administrative Court | 60 days from notification | Annulment of the rejection decision, re-evaluation | İYUK Article 7 / TVK Article 43 |
| Citizenship annulment lawsuit | Administrative Court | 60 days from notification | Removal of the annulment decision | TVK Article 44 / İYUK Article 7 |
| Appeal against annulment of residence permit | Administrative Court | 60 days from notification | Restoration of the permit, protection of legal status | YUKK Article 34 / İYUK Article 7 |
| New citizenship application | Provincial Directorate of Population and Citizenship / General Directorate of Population and Citizenship Affairs | No time limit | Start of a new evaluation process | TVK Articles 11-12-16 |
Frequently Asked Questions
My Turkish citizenship application was rejected. Can I appeal?
Yes. The rejection of Turkish citizenship applications is an administrative act, and you have the right to file an annulment lawsuit before the administrative court against this decision. The rejection decision is not final [3].
What is the time limit for appealing a citizenship rejection?
You must file a lawsuit before the administrative court within 60 days from the date the rejection decision is notified to you. If this time limit is missed, the right to file a lawsuit is lost [3].
Can a lawsuit be filed if no reason is written in the rejection decision?
Yes. Rejection decisions that contain no reason or only abstract statements may show that the administration used its discretionary authority unlawfully. This creates a strong ground of appeal in an annulment lawsuit [4].
Does the court decide to grant citizenship?
No. The court does not directly decide to grant citizenship. However, if it annuls the rejection decision, the file is sent back to the administration and the application is re-evaluated [3].
Can rejection of exceptional citizenship also be appealed?
Yes. In exceptional citizenship applications, the administration’s discretionary authority is broader; however, this authority is not unlimited. Arbitrary or disproportionate rejection decisions are subject to judicial review [4].
Can I reapply after a citizenship rejection?
Yes. If the conditions have changed, deficiencies have been remedied, or new legal circumstances have arisen, a new application may be made. However, reapplying while an ongoing lawsuit exists should be strategically assessed [2].
Can a case be won if the security investigation is negative?
Not every negative security assessment is automatically considered lawful. Security allegations that are not concrete and reasoned may be annulled by the courts [4].
How long does a citizenship case take?
The duration of the case varies depending on the workload of the court. On average, it may be concluded within a period ranging from several months to one year. The scope of the file and the evidence submitted affect the process.
Can I appeal the citizenship rejection without being in Türkiye?
Yes. You are not required to be in Türkiye. The lawsuit and all procedures may be carried out remotely through a lawyer.
Is it mandatory to work with a lawyer to appeal a citizenship rejection?
It is not mandatory; however, citizenship cases are technical and strategic cases. Therefore, working with a lawyer experienced in foreigners law and citizenship law significantly increases the chance of success. In this field, Esra Aslan provides professional legal support in citizenship rejection cases.
References
- General Directorate of Population and Citizenship Affairs. Acquisition of Turkish Citizenship. https://www.nvi.gov.tr/turk-vatandasliginin-kazanilmasi
- Turkish Citizenship Law No. 5901. Legislation Information System. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.5901.pdf
- Administrative Procedure Law No. 2577. Legislation Information System. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.2577.pdf
- Constitution of the Republic of Türkiye. Legislation Information System. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.2709.pdf
- General Directorate of Population and Citizenship Affairs. Frequently Asked Questions on Citizenship Services. https://www.nvi.gov.tr/sss-vatandaslik-hizmetleri
- Republic of Türkiye Investment Office. Acquiring Property and Citizenship. https://www.invest.gov.tr/en/investmentguide/pages/acquiring-property-and-citizenship.aspx
- Law No. 6458 on Foreigners and International Protection. Legislation Information System. https://www.mevzuat.gov.tr/mevzuatmetin/1.5.6458.pdf
- Presidency of Migration Management. Residence. https://www.goc.gov.tr/ikamet