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Appeal and Cancellation Lawsuit for the Loss of Turkish Citizenship

  The cancellation of a Turkish citizenship decision is a serious legal process that often happens for national security or administrative reasons. Under the Turkish Citizenship Law No. 5901, the government may cancel citizenship if they decide that the legal requirements were not met when it was first granted. This situation affects many foreign citizens and their families.

   Once you gain Turkish citizenship, it is a right that is usually protected. However, for citizenships gained through special routes—especially by presidential decree—the government may review the file later. If they find that the legal conditions were not fully met, they can withdraw the decision. This is known as a ‘Cancellation of Citizenship’ and is officially notified to you by the Provincial Directorate of Population and Citizenship Affairs. 

What Are the Reasons for the Cancellation of Turkish Citizenship?

  According to the relevant articles of Law No. 5901, the cancellation of citizenship is generally based on two main reasons:

1. Cancellation of the Citizenship Decision

   This is most common in cases of citizenship granted through special routes (exceptional citizenship). If the government discovers that a person provided false information, hid important facts, or did not meet the legal requirements during their application, the decision can be canceled.

2. Acts Inconsistent with Loyalty to the Country (Article 29)
  • Engaging in activities against the interests of Turkey.
  • Serving in a foreign military without official permission.
  • Failing to return to Turkey upon an official call due to serious crimes.”

What Are the Legal Consequences of a Citizenship Cancellation?

  Although the cancellation (revocation) of Turkish citizenship is an administrative decision, it has serious consequences that deeply affect a person’s life, legal status, and family. These effects are especially significant for those who gained citizenship through special routes (exceptional citizenship).

  • Retroactive Effect: The cancellation is applied retroactively. This means you are considered as if you never held Turkish citizenship from the date it was originally granted.
  • Invalidation of Documents: Your Turkish ID card and passport will be canceled and seized by the authorities.
  • Impact on Children: Children who were included in the original citizenship application are directly affected by this cancellation decision.
  • Impact on Spouse: The situation for a spouse is more complex and is evaluated individually. However, as a general rule in exceptional citizenship cases, family unity is the priority. Therefore, the citizenship granted to the spouse is usually canceled as well.
  • Loss of Status: The individual returns to the status of a foreign national. Your right to stay in Turkey will depend on a residence permit. If you do not have a valid residence permit, you may be considered an illegal resident.

What Is the Deadline to Appeal a Citizenship Cancellation?

   After you are officially notified of the decision to cancel your citizenship, you have 60 days to file an annulment lawsuit. The court will examine the reasons for cancellation, the administration’s discretion, and the specific facts of your case to decide if the decision is lawful.

Where Should the Lawsuit Be Filed?

   The authorized court for challenging a citizenship cancellation is the Ankara Administrative Court. It is very important to file the case in the correct court. Filing in the wrong court may result in your case being sent elsewhere, which causes unnecessary delays and extra costs.

How Long Does the Lawsuit Take?

  The duration depends on the complexity of your case, the administration’s response time, and the court’s workload. Generally, these cases take between 4 and 18 months to conclude.
   Note: You may also request a “stay of execution” (yürütmeyi durdurma) during the process. If the court accepts this, the cancellation decision is temporarily suspended, which is critical for your right to stay, reside, and work in Turkey.

Frequently Asked Questions (FAQ)

What happens after my passport and ID are seized?
  • You return to the status of a foreign national. You may need to apply for a new residence permit or work permit immediately. If you do not do this, you might exceed your legal stay.
Do I have to file a lawsuit, or can I just reapply for citizenship?
  • You have the right to file a lawsuit against the cancellation, and you may also be eligible to reapply for citizenship if you meet the requirements. However, we strongly recommend filing a lawsuit as soon as possible to protect your legal rights.
Is it mandatory to hire a lawyer?
  • It is not legally mandatory, but we strongly recommend working with an experienced lawyer. Citizenship cancellation cases are highly technical, and procedural mistakes can cause you to permanently lose your right to appeal.
What does it mean if the reason for cancellation is “Decision granted without legal requirements”?
  • This means the authorities believe that you did not fully meet the legal requirements at the time of your application or that new information has surfaced. You have the right to challenge this decision in administrative court.

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