What Should Foreigners Whose Turkish Citizenship Application Has Been Rejected Do?

Foreigners whose Turkish citizenship application is rejected should re-examine their files after receiving the rejection decision and choose the appropriate legal remedy within the time limit. An administrative application can be made against the rejection decision, an annulment lawsuit can be filed in the administrative court, or a citizenship application can be made again by correcting the deficiencies. In connection with this topic Citizenship Law You can also review the content titled.

Which way is more appropriate depends on the reason for refusal. The file rejected due to incomplete documentation should not be handled in the same way as the file based on an unlawful security assessment, incorrect residence calculation or incorrect examination of the investment condition.

First Things to Do After the Rejection Decision

Upon learning of the rejection decision, the written or electronic notification date of the decision must first be determined. Because the period for filing a lawsuit in the administrative court starts to run from the day following the date of legal notification of the rejection decision.

In the first stage, the following documents should be brought together:

• Full copy of the rejection decision and notification,
• Citizenship application form and application number,
• All documents submitted during the application,
• Missing document requests and answers given,
• Documents related to commission or interview records,
• Residence permits, entry-exit records and address documents,
• Title deed, bank and conformity documents in investment application,
• Correspondence with the administration and application receipts.

One should not act solely on the result of the citizenship application inquiry screen. In the calculation of the duration of the lawsuit, the date and method of the notification should also be checked.

The Reason for Rejection Must First Be Classified

When determining the path to be followed against the rejection decision, it should be investigated whether the problem arises from a remediable deficiency or a legal evaluation.

Lack of documentation or records

It may have been rejected due to lack of apostille, translation, birth certificate, marital status registration, name equivalence certificate or current passport. If the deficiency can be remedied, re-application may be a more practical option.

Failure to meet legal conditions

Interruption of five-year residency in general citizenship application, absence of family unity in marriage application, or failure to meet minimum investment requirements in investment application may be grounds for refusal. Also The Importance of Lawyer Support in Turkish Citizenship Application should be evaluated together with the concrete case.

Material error or misjudgment

The applicant's entry-exit records, marriage period, investment amount or family relationships may have been misjudged. If the documents in the file show that the conditions are met, an administrative objection or annulment lawsuit may be raised.

National security and public order assessment

If the rejection decision is based on security or public order reasons, the foreigner's criminal record, restriction records, ongoing investigations and the legal nature of the information relied on by the administration should be examined.

It is possible that the details of the security assessment will not be fully disclosed to the applicant. However, this does not mean that the rejection decision is excluded from judicial review.

Three Ways After Rejection

1. Re-application by eliminating deficiencies

A person whose application for Turkish citizenship has been rejected can apply again if he meets the conditions in the law. In all cases, a specific waiting period for reapplication is not stipulated. About the relevant aspect of the process Conditions for Applying for Turkish Citizenship by Marriage There is detailed information on the page.

However, the new file must not be submitted as the same as the rejected application. The previous reason for rejection should be eliminated and the changed situation should be explained with documents. Things to Consider in Turkish Citizenship Application its content explains other legal points related to this stage.

For example, the missing residence period can be completed, the family registration in the foreign country can be corrected, or the investment transaction can be restructured in accordance with the citizenship requirements.

2. Application to the administrative authority

Before filing a lawsuit against the rejection decision, from the higher authority within the scope of the Administrative Trial Procedure Law; If there is no higher authority, the authority that made the decision may be requested to repeal, reverse, change or make a new decision.

This application is not mandatory. The person can also file a direct annulment lawsuit without making an administrative objection.

The administrative application must be made within the period for filing a lawsuit. A duly applied suspension the litigation period that has started to run. If the administration does not respond within 30 days, the request is deemed to have been rejected and the remaining litigation period starts to run again.

It should not be assumed that CIMER, information acquisition or general complaint applications stop the litigation period in all cases. The content of the application, the authority to which it is directed and the explicitly requested action are important.

3. Filing an annulment lawsuit

The rejection of the citizenship application is an administrative action. If the rejection decision is thought to be unlawful, an annulment lawsuit can be filed in the competent administrative court.

The general period for filing a lawsuit is 60 days from the day following the written notification, unless there is a special period. The competent court should be determined according to the authority establishing the rejection process and the jurisdiction rules in the administrative judiciary.

It is possible to file a lawsuit directly without objecting to the administrative authority. However, a new application or CIMER application made after the expiration of the period does not automatically restart the expired litigation period.

What Does the Court Examine in an Annulment Case?

The administrative court does not decide to grant citizenship directly by evaluating the citizenship conditions from the beginning. It examines whether the rejection process is in accordance with the law.

Judicial review is carried out on the following elements:

• Authority: Was the decision made by the competent administrative authority?
• Shape: Were mandatory procedures applied in the application and decision process?
• Reason: Are the material and legal reasons on which the rejection decision is based correct?
• Subject: Is the legal result of the decision in accordance with the legislation?
• Purpose: Was the administrative authority used for the purpose of public interest?

The fact that the administration has discretionary power regarding citizenship does not mean that this authority is unlimited. The decision must be based on concrete information, the application file must be evaluated correctly and the discretion must be used in accordance with the law.

If the Case is Won, Does the Person Become a Citizen Directly?

Usually no. The annulment of the rejection decision by the administrative court does not mean that the foreigner is directly a Turkish citizen by a court decision.

Upon the annulment decision, the administration should re-evaluate the application by taking into account the legal reasons of the court. The administration has to remedy the illegality determined by the court and establish a new transaction.

If it is decided that the conditions are met at the end of the new evaluation, the citizenship process can continue. If the administration establishes a new rejection process contrary to the court decision, this action may also be the subject of litigation.

Re-application or Litigation?

If the problem with the file is clearly a lack of documents or time that can be fixed, reapplication may be more appropriate. However, if the file is rejected based on incorrect information, material error or unlawful evaluation even though all the conditions are met, the annulment action becomes important.

In some files, it may be sufficient to submit new documents with an administrative objection. In some cases, it is necessary to apply directly to the judiciary in order not to lose the litigation period.

Re-application does not automatically stop the ongoing litigation period against the previous rejection decision. Both processes should be evaluated independently of each other.

Does the Rejection Decision Terminate the Residence Permit?

The rejection of the citizenship application does not automatically revoke the valid residence permit on its own and does not directly mean a deportation decision.

However, the conditions of the residence permit based on investment, family or other status should be checked separately. If the residence permit expires regardless of the citizenship application, the extension procedures must be done in a timely manner.

The Most Common Mistakes in the Rejection File

• Not recording the date of notification of the rejection decision,
• To object after the 60-day period has passed,
• To think that the CIMER application definitely stops the litigation period,
• To re-apply with the same documents without eliminating the reason for rejection,
• To think that the court will directly grant citizenship,
• Missing the residence permit period while the citizenship file is ongoing.

Frequently Asked Questions

Can a person whose citizenship application has been rejected reapply?

Yes. If he meets the legal conditions and resolves the reason for refusal, he can apply for citizenship again.

Is it obligatory to object to the rejection decision?

An administrative objection can be made or an annulment lawsuit can be filed directly in the administrative court.

How many days does it take to file a citizenship refusal case?

In cases where there is no special period, a lawsuit must be filed within 60 days from the day following the written notification of the rejection decision.

What happens if the administrative objection is not answered?

If the administration does not respond within 30 days, the application is deemed to have been implicitly rejected and the remaining part of the suspended litigation period continues to run.

If the case is won, will citizenship be granted immediately?

If the rejection decision is annulled, the administration re-evaluates the file in accordance with the reasons in the court decision.

Does the rejection decision automatically cancel the residence permit?

Citizenship and residence permit are separate administrative procedures. However, the conditions and duration of the residence permit must be followed separately.

Legal information: This content has been prepared for general information purposes. Litigation and administrative application periods should be calculated separately according to the form of notification, the authority that made the rejection decision and the previous applications made in the file.