Objection and Annulment Lawsuit Against Rejection of Turkish Citizenship Application – Step-by-Step Guide

Foreign nationals whose applications for Turkish citizenship are rejected often wonder what legal remedies they can pursue. In this article, we explain the administrative objection process and the administrative court annulment lawsuit, including deadlines, competent authorities, strategies, and sample case precedents — all step by step.

1. Introduction

In Turkey, a foreign national who applies for citizenship — whether through long-term residence, marriage, or other legal grounds — may face rejection even if all requirements seem to have been met.
In such cases, understanding what to do next — namely the administrative objection and judicial review (annulment lawsuit) — is crucial.

This guide covers in detail:

• The meaning of application and rejection,
• Common grounds for rejection,
• Administrative objection process,
• Annulment lawsuit before administrative courts,
• Deadlines, competent authorities,
• Practical advice and key points to consider.

2. Citizenship Application and Rejection Decision

2.1. Which applications are covered?

Under Law No. 5901 (Turkish Citizenship Law), foreigners may apply for Turkish citizenship, for example:

• Foreigners who have resided in Turkey for a specific period,
• Applicants through marriage to a Turkish citizen,
• Citizenship through adoption or other special circumstances.

Each application must satisfy the legal requirements set forth in the Law — such as “family unity” in marriage-based applications or minimum residence periods for general applications.

2.2. What is a Rejection Decision?

Even if an applicant appears to meet all formal conditions, the administration has discretionary power to reject the application.
In other words, applying for Turkish citizenship does not grant an absolute right; the administration may find the applicant “unsuitable” upon evaluation.

A rejection decision is an administrative act and therefore subject to judicial review before the administrative courts.

2.3. Common Grounds for Rejection

Applications may be rejected for various reasons, such as:

• Insufficient residence period,
• Lack of genuine “family unity” in marriage-based applications (e.g., spouses living at different addresses),
• Public order or national security concerns (e.g., criminal record, document forgery),
• Missing or incomplete documents, procedural errors, or late submission.

However, the law requires that such discretionary power be exercised within legal limits and for valid reasons.

3. Administrative Objection Procedure

A rejected applicant (or their attorney) may file an administrative objection to the relevant authority. This step may not always be mandatory but is often beneficial.

3.1. Where and when to file an objection

The objection must be submitted within 60 days of receiving the rejection notice, usually to the General Directorate of Population and Citizenship Affairs or through the local Directorate of Population and Citizenship.

Once received, the authority must evaluate and respond within 30 days.
If no response is given or the objection is rejected, the lawsuit period begins.
Tracking these deadlines is crucial.

3.2. Legal effect of objection

• Filing an objection suspends the time limit for filing a lawsuit until the authority responds.
• If the objection is accepted, the administration may withdraw or reconsider the rejection decision.
• If rejected or left unanswered for 30 days, the applicant can then proceed to court.

3.3. Advantages of objection

• Provides a chance to have the decision reconsidered without litigation,
• Suspends the judicial deadline,
• May resolve the matter faster and more economically.

3.4. Limitations of objection

• If the authority denies or ignores the objection, court proceedings become the only remedy.
• Acceptance of the objection does not guarantee citizenship — it only reopens administrative review.

4. Annulment Lawsuit (Administrative Court Process)

If the administrative objection fails or is skipped, the next legal remedy is an annulment lawsuit challenging the rejection decision.

4.1. Competent and authorized court

• Such cases fall under administrative jurisdiction.
• The competent court is generally the Ankara Administrative Court, since citizenship decisions are issued by the Ministry of Interior.
• The defendant is usually the Ministry of Interior – General Directorate of Population and Citizenship Affairs.

4.2. Deadline for filing the lawsuit

• The lawsuit must be filed within 60 days from the date of notification (tebligat).
• If an administrative objection has been filed, the 60-day period starts after the 30-day review period or upon receipt of a negative reply.
• Missing this deadline results in loss of the right to sue.

4.3. Lawsuit petition and content

The petition should clearly explain why the rejection is unlawful, and include:

• Date and number of the rejection decision,
• Legal grounds and relevant provisions,
• Evidence that the applicant fulfilled all legal conditions,
• Arguments showing the administration’s discretion was abused or arbitrary.

Supporting evidence may include documents, witness statements, or previous administrative correspondences.

4.4. Court procedure and judgment

The court will examine:

• Authority – whether the decision was made by a competent body,
• Procedure – whether due process was followed,
• Reason and justification – whether the decision is reasoned and supported by facts,
• Use of discretion – whether it was exercised lawfully or arbitrarily.

If the court finds the rejection unlawful, it will annul the decision and order the administration to re-evaluate the application.
An annulment judgment has retroactive effect.

4.5. Subsequent stages

• Either party may file an appeal (istinaf) or cassation (temyiz) before the Council of State (Danıştay).
• Once the judgment becomes final, the administration must re-assess the citizenship file.
• Note: Annulment of the rejection does not automatically grant citizenship; it merely reopens the evaluation process.
  Failure to file suit within the deadline may bar future applications based on the same facts.

5. Practical Points to Consider

5.1. Monitor all deadlines

• 60 days for objection and 60 days for lawsuit are strict and crucial.
• If the administration does not respond within 30 days to your objection, you may immediately proceed to court.

5.2. Verify completeness of your file

• Ensure all required documents (residence permit, criminal record, income proof, marriage certificate, etc.) are complete and up to date.
• Any missing or outdated document can cause rejection.
• Remember: Even if all conditions are met, the administration still has discretion — but it cannot be arbitrary.

5.3. Analyze the rejection grounds

• Carefully read the rejection notice to identify the cited reason.
• If the reason is vague (e.g., “public order concerns”) and lacks supporting evidence, this strengthens your case in court.
• The absence of concrete reasoning can be a strong argument for annulment.

5.4. Seek legal assistance

• Administrative and citizenship litigation involves complex rules and strict deadlines.
• It is strongly advised to consult an attorney specialized in immigration and citizenship law.
• Professional guidance ensures accurate petitions and prevents procedural errors.

5.5. Consider reapplication

• After annulment or if the rejection grounds are later eliminated (e.g., missing document completed, new residence period fulfilled), a new application can be filed.
• However, do not reapply with the same file and issues; correct the previous deficiencies first.
• Strategic coordination between new applications and ongoing lawsuits may be beneficial.

Citizenship Rejection Post-Decision Checklist

Follow these steps carefully after receiving a rejection to protect your rights and strengthen your position:

1. Check Document Completeness
   Review all documents (residence, income, marriage, criminal record). Fix any missing or invalid translations or signatures.
2. Respect Deadlines
   File objection or lawsuit within 60 days of notification.
   If an objection was filed, note that the 30-day waiting period restarts the litigation deadline.
3. Request a Written Reason
   If the rejection letter lacks explanation, formally request the reasoned decision.
   Question vague phrases like “national security concern” unless supported by evidence.
4. Use Your Right to Object
   Submit your written objection to the General Directorate of Population and Citizenship Affairs, with detailed arguments and evidence.
   If no reply in 30 days, proceed to file a lawsuit.
5. Prepare for the Lawsuit
   Include in your petition:
   • Grounds of the rejection,
   • How the discretion was misused,
   • Which legal requirements you met,
   • All relevant supporting documents.
6. Consult a Specialist Lawyer
   A qualified immigration lawyer in Ankara is advisable since the responsible institutions and courts are located there.
   Legal representation reduces procedural risks and improves outcomes.
7. Evaluate Reapplication Possibility
   If the reasons for rejection have been resolved, you may reapply. Ensure the previous issues have been fully corrected first.

6. Summary and Conclusion

• A rejected applicant may either file an administrative objection or directly bring an annulment lawsuit.
• Deadlines are strict and non-extendable.
• The competent court is typically the Ankara Administrative Court.
• Petitions must clearly show why the decision is unlawful.
• Administrative discretion must be justified, not arbitrary.
• Proper documentation and legal support greatly increase success.
• Annulment of a rejection leads to re-evaluation, not automatic citizenship.

Frequently Asked Questions (FAQ)

1. What happens if my Turkish citizenship application is rejected?
You remain a foreign national with your existing residence status. The rejection does not end your stay, but it denies citizenship. You may file an administrative objection or an annulment lawsuit.

2. What is the legal basis for rejection?
Rejection decisions rely on Articles 11 and 46 of Law No. 5901 and the Regulation on the Implementation of the Turkish Citizenship Law.
Article 11 defines the general conditions and gives the administration discretion to accept or reject applications.

3. What are the most common reasons for rejection?

• Incomplete residence period,
• Insufficient income or financial means,
• Lack of genuine family life in marriage-based applications,
• Public order or national security concerns,
• Missing or incorrect documentation,
• Suspicion of fake marriage or forgery,
• Procedural delay or irregularity.

4. How will I be notified of the rejection?
The decision is served in writing by official notification (tebligat).
The date of notification marks the start of the 60-day objection or lawsuit period.
Keep your address updated; otherwise, it may be deemed legally served.

5. What is the deadline to object?
You have 60 days from notification to file an objection with the General Directorate of Population and Citizenship Affairs.
If rejected or unanswered within 30 days, you may proceed to court.

6. How should the objection petition be drafted?
It must be concise, legally reasoned, and supported by documents. Include:

• Date of notification,
• Reason cited for rejection,
• Why this reason is wrong,
• How you met legal conditions.
  Attach all relevant and updated documents.

7. What if I don’t receive a reply to my objection?
If no response is given within 30 days, the objection is deemed rejected.
You can then file a lawsuit, and the 60-day court deadline begins from that date.

8. Which court has jurisdiction over citizenship rejections?
Generally, the Ankara Administrative Court, since the Ministry of Interior is headquartered there.
In some cases, the local court of the applicant’s province may also have jurisdiction.

9. Who is the defendant in the lawsuit?
The Ministry of Interior – General Directorate of Population and Citizenship Affairs, as the authority issuing the decision.

10. What is the time limit to file the lawsuit?
The lawsuit must be filed within 60 days of notification.
If an objection was filed, the deadline resumes after the 30-day review period.

11. How long does the lawsuit take?
Average durations are:

• First instance: 6–12 months,
• Appeal (Regional Administrative Court): 3–6 months,
• Council of State (Danıştay): 6–12 months.
  In total, 1–2 years on average.

12. Does a favorable court decision automatically grant citizenship?
No. The court only annuls the rejection; it does not confer citizenship directly.
The administration must re-evaluate and issue a new decision.

13. Do I need to reapply after winning the lawsuit?
Usually not. The same application is re-examined.
However, if much time has passed or new documents are required, the authority may request updated materials.

14. Why is professional legal assistance important?
This process involves both administrative and judicial stages, with strict deadlines and technical details.
A specialized citizenship and immigration lawyer ensures:

• Proper tracking of deadlines,
• Correct preparation of evidence and petitions,
• Stronger legal arguments and compliance with procedure.

 In summary:
Filing an objection or an annulment lawsuit promptly and properly — with legal representation if possible — is the most effective way to protect your rights after a citizenship rejection in Turkey.