Legal Process Following the Application for Exceptional Acquisition of Turkish Citizenship

Introduction

The exceptional acquisition of Turkish citizenship is regulated within the scope of Article 12 of the Turkish Citizenship Law No. 5901, serving as a special pathway to citizenship granted to foreigners who are deemed important in terms of the national security, public order, and economic and social interests of the Republic of Turkey. In this context, making an application does not alone mean that citizenship has been acquired; multiple administrative and legal stages are implemented following the application.

In this article, the stages followed after applying for exceptional Turkish citizenship, the evaluation of the application, the decision-making process, and the applicant's legal status are addressed in detail.

1. Entry of the Application into the System and Preliminary Review

Once the exceptional citizenship application is received through the Provincial Directorate of Civil Registration and Citizenship or authorized institutions, Citizenship Application Systemit is registered into. At this stage:

• Whether the application file complies with procedural rules,
• Whether the mandatory documents have been submitted in full,
• Whether the application is made within the scope of exceptional citizenship

is checked.

In the event of missing or incorrect documents, supplementary documents may be requested from the applicant. This stage is of great importance for the smooth progression of the proceedings.

Individuals who apply for Turkish citizenship and whose applications are pending frequently complain that their files remain stuck for a long time at the stage of 'The research and evaluation process regarding your application for the Exceptional Acquisition of Turkish Citizenship is ongoing.' and that their files are not progressing. If the file remains at this stage for a period exceeding 8 months, it can be said that there is a deficiency or an issue in the Turkish Citizenship Application file.  In this regard, the applicant must obtain necessary and adequate information regarding their application.

2. Security and Archive Investigation Stage

Following the procedural acceptance of the application, one of the most critical stages is security and archive investigation process is initiated. At this stage, the relevant public institutions conduct a detailed review regarding:

• National security,
• Public order,
• Affiliation or connection with terrorist organizations,
• Criminal record and archive records

detailed review is carried out.

This investigation plays a decisive role in whether the application results positively or negatively. The duration of the security investigation may vary depending on the nature of the file and the workload of the relevant institutions.

At this stage, when a query is made through the system, the phrase '  Your application for Exceptional Turkish Citizenship has been sent to the relevant institutions for archive research.  ' appears. At this stage, the relevant archive research is conducted separately by both the National Intelligence Organization and the Intelligence Department of the Directorate General of Security. 

3. Commission and Institutional Evaluation Process

After the security investigation is completed, the application file is evaluated by the relevant commissions and Ministry units . In this evaluation:

• The applicant's contribution provided or to be provided to Turkey,
• Their status in economic, social, scientific, athletic, or cultural fields,
• Public interest criteria

are taken into consideration.

Since exceptional citizenship is a discretionary administrative act, the administration has broad discretion at this stage.

4. Presidential Decree Stage

The exceptional acquisition of Turkish citizenship Presidential Decree is possible through. Files that receive favorable evaluations from the Commission and the Ministry are submitted to the Presidency.

The President may:

• Approve the application,
• Reject the application

This decision constitutes the final and decisive stage regarding the acquisition of citizenship.

5. Notification of the Decision and Acquisition of Citizenship

In the event that the President approves the application, the decision is notified to the relevant civil registry office, and on behalf of the applicant:

• Turkish citizenship registration procedures are carried out,
• Civil registry records are established,
• The ID card application process is initiated.

Citizenship, as of the decision date, takes effect and produces legal consequences.

6. Rejection Decision and Legal Remedies

In the event that the application is rejected, the rejection decision shall be served to the applicant. Against the rejection decision:

• Administrative appeal remedies,
• an annulment lawsuit before the Administrative Court

may be filed. In exceptional citizenship applications, judicial review is limited to the procedural and lawful compliance of the transaction. You can access the legal proceedings to be initiated against the decision regarding the rejection of the Turkish Citizenship application https://batinyilmaz.av.tr/evlilik-yoluyla-yapilan-turk-vatandasligi-basvurusunun-reddi-cozum-yontemleri/ via our link.

Atty. Batın YILMAZ