Most applications for Turkish citizenship are concluded within a period ranging from a few months to about a year, depending on the type of file. However, in reviews conducted under Turkish Citizenship Law No. 5901, the security investigation and inter-agency correspondence stages can significantly extend this timeline in certain cases. For someone whose application has not been concluded for months, the real question becomes “where in the normal course of the process things currently stand” and “when a legal step can be taken.” This article outlines, within the general principles of administrative law, a roadmap that can be followed in cases of prolonged citizenship applications.
How Does the Evaluation Process Work for Turkish Citizenship Applications?
Regardless of the route through which it is filed (ordinary residence period, marriage, exceptional citizenship, or investment), a citizenship application is first submitted to the provincial Directorate of Population and Citizenship Affairs, after which the file is reviewed by the Ministry of Interior. At this stage, the security investigation conducted by police units, opinions from relevant authorities, and in some cases confirmation correspondence with institutions such as MASAK (the Financial Crimes Investigation Board) or the General Directorate of Land Registry and Cadastre (TAPU) come into play.
For instance, the file of a person who has lived in Istanbul on a residence permit for years and applies through the ordinary route is typically concluded within six to twelve months. However, in a file evaluated under exceptional citizenship, particularly one proceeding through a real estate investment for a citizenship by investment application, inter-agency confirmation of the appraisal report and title deed (TAPU) records can take additional time.
The Reasons Behind Delays in the Process
In most delayed files, the cause is rarely a single factor but rather several factors overlapping. These include a missing or outdated document surfacing during the security investigation, inconsistencies in address or identity information, or a heavy workload in the province where the applicant is located.
Suppose that in an applicant’s file, a discrepancy is identified between the address given in a previous residence permit application and the applicant’s current address. In such a case, the file may be put on hold pending a request for additional documents or clarification; however, this request is not always communicated to the applicant clearly and in writing. This makes it difficult for the person to understand why their file is not moving forward.
What Is an Implicit (Tacit) Rejection, and When Does the Process Become a Legal Matter?
Under Turkish administrative law, the administration’s failure to respond to an application within a reasonable period is addressed under Article 10 of the Administrative Procedure Law (İYUK). Under this provision, if the applicant does not receive a response within sixty days of applying to the administration, the request is deemed to have been implicitly (tacitly) rejected. Practitioners differ on how to handle this: some recommend filing a lawsuit as soon as this period expires, while others prefer to continue monitoring the matter through administrative channels a while longer.
In our view, the correct approach is to strike a balance between these two extremes. Filing a lawsuit immediately once the sixty-day period expires may trigger an unnecessary judicial process in cases where the file is, in fact, progressing administratively. On the other hand, waiting indefinitely risks missing the deadline for filing suit, since once a tacit rejection occurs, the statutory period for filing a lawsuit begins to run, and this period is a strict limitation period. For this reason, a sounder strategy is to submit a written status inquiry shortly before the sixty-day period expires, and then, if necessary, proceed to litigation.
By way of example, an applicant who still has not received any response eight months after submitting their file to the provincial directorate should first submit a written application to the higher authority inquiring about the status of the process; since a new period will begin to run following this application, the applicant should plan their calendar accordingly.
Concrete Steps Available to the Applicant While Waiting
There are several administrative steps that can be tried before resorting to litigation. These are often the most practical and least costly solutions available during the process:
- Regularly checking the status of the application through the e-Devlet (e-Government) portal
- Submitting a written request for information to the provincial directorate where the file was filed
- If deemed necessary, applying to the higher authority at the Ministry of Interior
- Confirming whether any documents are missing or out of date
For example, an applicant pursuing exceptional citizenship through real estate who is awaiting confirmation of the appraisal report related to the USD 400,000 real estate requirement should first clarify which institution that confirmation is pending from; in most cases, the delay stems not from the applicant but from the pace of inter-agency correspondence.
What to Consider Before Filing a Lawsuit
Once a tacit rejection has occurred and no result has been obtained through administrative channels, the applicant gains the right to file an annulment action before the competent administrative court. Two points are critical here: not missing the deadline for filing suit, and clearly demonstrating in the petition how long the process has actually been pending.
For example, an applicant who still has not received any response forty-five days after their written application to the higher authority should not overlook the fact that the deadline for filing suit has begun to run. This is precisely the most delicate part of the process: acting without unnecessarily prolonging the administrative process, yet without missing the statutory limitation period.
In such files, since the content of the security investigation or the details of inter-agency correspondence are not directly disclosed to the applicant, transparently tracking the process can be difficult. For this reason, making the administrative application in writing and dated provides an important basis for proving, should litigation later become necessary, when and how the process actually unfolded.
Conclusion: The Roadmap to Follow
The roadmap available to a person whose citizenship application has not been concluded for a long time generally follows this sequence: first, the status of the file should be checked regularly; then, once a reasonable period has passed, a written request for information should be submitted to the relevant provincial directorate. If this step yields no result, an application should be made to the higher authority, and the timeline running from that application should be tracked. If a tacit rejection occurs and a reasonable waiting period has also passed, the option of applying to the administrative court, without missing the filing deadline, should be considered.
Each file has its own particular circumstances, and the type of application (ordinary, exceptional, or investment-based) and the specific grounds encountered during the administrative stage can vary. For this reason, in any specific file, which step should be taken and when must be determined by evaluating current legislation together with the file’s actual progress.
Legal Disclaimer
