Turkish Citizenship Through 5-Year Residence: Conditions, Procedure, Rejection and Annulment Lawsuits

Introduction

For many foreigners residing in Turkey for a long time, acquiring Turkish citizenship through residence is an important goal. However, the application process depends on detailed legal conditions, and when an application is rejected, appeal and annulment proceedings become relevant.
In this article, we will examine together:

1. The conditions for acquiring Turkish citizenship through residence
2. The application process
3. The appeal and lawsuit procedures in case of rejection
4. The possibility of annulment of citizenship decisions
5. Practical legal recommendations

1. Legal Basis and Method

The acquisition of Turkish citizenship is regulated under Law No. 5901 on Turkish Citizenship and its related regulations. This law governs both the ways of directly acquiring citizenship and the conditions under which acquired citizenship may be annulled.

The term “citizenship through residence” generally refers to foreigners who have lawfully resided in Turkey for a certain period and, after meeting specific requirements, become eligible to apply for citizenship.
In other words, it applies to individuals who have resided legally in Turkey for a sufficient period and fulfilled the other statutory criteria necessary for naturalization.

2. Conditions for Citizenship Through Residence

The conditions required for applying for citizenship through residence are detailed in the relevant legislation and judicial practice. Below are the general requirements and important notes to consider:

Condition	Explanation / Notes
Legal capacity	The applicant must be of legal age and possess full legal capacity according to the laws of their home country.
Duration and continuity of residence	A minimum of 5 years of uninterrupted residence is required, calculated retrospectively from the application date.
Legality of residence	Only valid residence permits are counted; periods of stay on a visa or irregular residence are excluded.
Continuity of residence	The applicant should not have spent more than a total of 12 months abroad during the 5-year period.
Intention to settle in Turkey	The applicant must demonstrate an intention to settle in Turkey—for example, through property ownership, employment, investment, or family ties.
General health condition	The applicant must not have any contagious or dangerous disease posing a threat to public health.
Moral character / criminal record	The applicant must not have committed any crime or pose a threat to public order or security.
Ability to speak Turkish	The applicant must be able to speak Turkish at a level sufficient for daily life and social integration.
Means of livelihood	The applicant must have sufficient income or a stable financial source to support themselves and their dependents.
No national security or public order restriction	Applicants with deportation orders, criminal investigations, or links to terrorism cannot be granted citizenship.

3. Application Process

Below are the typical stages of the citizenship application through residence:

1. Fulfilling the requirements
   Before applying, ensure all above-mentioned conditions are fully met. Any missing or uncertain conditions should be properly documented.
2. Application authority
   Applications are generally submitted to the Provincial Directorate of Population and Citizenship Affairs. In certain cases, other departments under the Ministry of Interior may be involved.
3. Preparation of required documents
   Documents such as residence permit copies, criminal record, health report, income proof, Turkish language certificate, and evidence of intent to settle must be complete and up to date.
4. Examination and evaluation
   The application file is reviewed by relevant authorities (including security and criminal record checks). The applicant may be invited for an interview.
5. Decision and notification
   The decision is issued as acceptance or rejection and officially notified to the applicant.
6. Citizenship certificate / oath procedure
   If approved, the applicant takes the citizenship oath and officially becomes a Turkish citizen.

Processing Times:

• Application review and security checks may take 1 to 3 years depending on workload and completeness of the file.
• Once the decision is notified, the legal deadlines for appeals and lawsuits begin to run.

4. What Happens If the Application Is Rejected? (Appeal and Annulment Lawsuits)

A rejected citizenship application is an administrative decision, and as such, it can be challenged through legal means. The possible remedies are as follows:

A. Administrative Appeal

• An objection may be filed within 60 days from the date the rejection decision is notified, addressed to the Directorate General of Population and Citizenship Affairs.
• This allows the administration to review the decision for possible errors.
• The appeal process suspends the litigation deadline; however, if the administration maintains its rejection, the 60-day period for filing a lawsuit resumes from the date of notification.
• The appeal is evaluated by the administrative authority, not by a court.

Note: In practice, this appeal rarely changes the outcome and may cause loss of time and even missing the litigation deadline.

B. Annulment Lawsuit

The strongest legal remedy against a rejection is to file an annulment lawsuit before the competent administrative court.

• Type of lawsuit: Action for annulment of the administrative act rejecting the citizenship application.
• Deadline: Must be filed within 60 days from the date the decision is notified. Late filings are dismissed.
• The petition must include:
  1. Applicant’s personal details
  2. Date, reference number, and notification date of the decision
  3. Request for annulment of the rejection
  4. Legal grounds for illegality (such as compliance with requirements, procedural errors, misjudgment)
  5. Supporting documents and evidence
  6. Request for suspension of execution (to prevent enforcement during trial)
  7. Payment of fees and court charges
• Suspension of execution: May be requested within the lawsuit petition; if accepted, the rejection is suspended until the case is concluded.
• Trial process: The administration submits its defense and supporting documents; the applicant responds; hearings may be held if necessary.
• Outcome: If the court finds the decision unlawful, it annuls it and obliges the administration to re-evaluate the application.
• Duration: Typically between 8 to 12 months, but may vary depending on court workload and the complexity of the case.

Example:
A foreigner completes the 5-year residence period but is rejected on the grounds of “insufficient financial means.” After receiving the decision, they file an objection within 45 days; if it is rejected, they have 15 days left to file a lawsuit. The lawsuit must include details on residence duration, income documentation, and Turkish proficiency. A request for suspension of execution may also be included.

In practice, administrative objections rarely succeed; therefore, filing a direct annulment lawsuit is often the more effective option.

5. Annulment of Citizenship (After Citizenship Has Been Granted)

If the application is approved and the person acquires Turkish citizenship, the decision may still be annulled under certain conditions.
Article 31 of Law No. 5901 regulates this situation.

Grounds for Annulment

A citizenship decision may be annulled by the authorities if it was obtained through false statements or concealment of essential facts.

For example:

• Concealing assets or financial sources
• Omitting or misrepresenting a criminal record
• Submitting forged or misleading documents

Time Limitation

There is no specific time limit for annulment in the law.
Even years after citizenship has been granted, if false statements or concealed information are discovered, the decision may be annulled.
This provision has been the subject of legal debate as it challenges the principle of legal stability.

Legal Remedies

• The annulment of citizenship is also an administrative act.
• Once the annulment decision is notified, the individual may file an annulment lawsuit before the competent administrative court.
• Since the Directorate General of Population and Citizenship Affairs is based in Ankara, such lawsuits are usually filed before the Ankara Administrative Courts.

6. Practical Recommendations and Risks

• Check documents carefully: Missing or inconsistent documentation can lead to rejection.
• Provide solid financial proof: Bank statements, tax documents, or lease contracts should demonstrate stable income.
• Prove Turkish proficiency: Submit certificates or course documents showing language competence.
• Show settlement intention: Attach evidence of property ownership, business activity, or family life in Turkey.
• Analyze the rejection reason: Understand which condition was deemed unsatisfied and address it in your lawsuit.
• Seek legal assistance: Administrative law and procedural deadlines are highly technical. Since lawsuits are usually filed in Ankara, consulting an attorney based in Ankara is recommended.
• Do not miss deadlines: Legal time limits (usually 60 days) are peremptory.
• Always request suspension of execution in lawsuits to prevent the rejection decision from taking effect before the case is resolved.

7. Summary / Conclusion

• Citizenship through residence is a valuable opportunity for foreigners wishing to establish long-term ties in Turkey, but it requires full compliance with all legal conditions.
• In case of rejection, administrative objection and subsequently annulment lawsuit are available remedies, provided deadlines are strictly followed.
• Citizenship obtained by false or misleading information may be annulled even years later.
• Careful planning, proper documentation, and professional legal support are key to success.

Frequently Asked Questions (FAQ) on Citizenship Through Residence

1. What is Turkish citizenship through residence?

It refers to the process allowing foreigners who have resided lawfully and continuously in Turkey for a certain period to acquire Turkish citizenship, pursuant to Article 11 of Law No. 5901.
Unlike citizenship by birth, marriage, or investment, this method is based on long-term residence and an intention to settle in Turkey.

2. How many years of residence are required?

Generally, the applicant must have lawfully and continuously resided in Turkey for 5 years prior to the application.
During this period, time spent abroad must not exceed 12 months in total.
In some cases (e.g., marriage, Turkish descent, investment), shorter periods may apply.

3. Which types of residence permits are valid for this 5-year period?

Only valid residence permits are counted.
Student or short-term residence permits (such as those based on property ownership) may be included, but visa periods, international protection, or administrative detention are excluded.
Interruptions in residence may reset the 5-year requirement.

4. What documents are required for application?

The usual required documents include:

• Citizenship application form
• Passport and notarized Turkish translation
• Birth certificate
• Residence permit card and history
• Criminal record from Turkey and the applicant’s home country
• Income or financial proof
• Health report
• Turkish language certificate or interview record
• Two biometric photographs

Incomplete or outdated documentation may result in rejection.

5. How and where is the application submitted?

Applications must be submitted in person to the Provincial Directorate of Population and Citizenship Affairs.
After security and document checks, the Ministry of Interior issues the final decision.
Applicants may be called for an interview.
The process can take 6 months to 3 years depending on case complexity.

6. What can I do if my application is rejected?

The rejection is an administrative act, so appeal and annulment are available.
An objection can be filed within 60 days, but in practice this rarely changes the result and may delay court proceedings.
If rejected or unanswered, you may file an annulment lawsuit within 60 days before the competent administrative court.
You can request suspension of execution to temporarily halt the enforcement of the decision.

7. Can citizenship be revoked after it has been granted?

Yes.
Under Article 31 of the Turkish Citizenship Law, if citizenship was obtained through fraud, false information, or concealment, the Ministry of Interior may annul it.
The person will then be deemed “never to have been a Turkish citizen.”
The decision can be challenged before the Ankara Administrative Courts.

8. Does revocation affect family members?

Generally, the revocation of one person’s citizenship does not automatically affect their spouse or children.
However, if family members were involved in the same false statements or fraudulent acts, separate annulment decisions may also be issued for them.

9. Does acquiring Turkish citizenship terminate the previous nationality?

This depends on the laws of the applicant’s home country.
Turkey allows dual citizenship, so the applicant is not required to renounce their previous nationality.
However, some countries (e.g., Germany, the Netherlands) prohibit dual nationality.

10. Why is professional legal support important before filing a lawsuit?

Citizenship rejection or annulment lawsuits involve strict procedural and deadline rules under administrative law.
A missed or incorrectly filed application may be dismissed.
Proper argumentation and evidence presentation (residence history, income records, settlement proof) require professional preparation.
Therefore, legal assistance from an immigration or administrative lawyer significantly increases the chances of success.

11. How long does the lawsuit process take?

These lawsuits usually take 6 to 12 months.
The duration depends on court workload, the complexity of the case, and whether expert reports are needed.
If the court annuls the rejection, the administration must reassess the citizenship application and may grant citizenship accordingly.

12. What are the most common mistakes in applications?

• Submitting incomplete or incorrect documents
• Interruptions in residence
• Failure to prove sufficient income
• Lack of Turkish language proficiency
• Providing inaccurate information on forms
• Missing the 60-day litigation deadline

Avoiding these errors greatly improves the chances of approval and success in possible legal proceedings.

Conclusion

Citizenship through residence, when properly managed, provides a stable and permanent legal status in Turkey.
However, in cases of rejection or annulment, it is essential to take prompt, well-documented, and professional legal action.
Accurate guidance at every stage is crucial, both during administrative objections and annulment lawsuits.