Legal Action Against Revocation of Turkish Citizenship

Citizenship Is Not Always Permanent

Act before the 60-day deadline expires. Let us protect your rights and secure your future.

Obtaining Turkish citizenship can be a life-changing achievement for many foreign nationals. It opens the door to residency, business opportunities, visa-free travel, and a sense of belonging. However, many are unaware that under Turkish law, even citizenship acquired legally may be subject to revocation under certain conditions.

In recent years, especially with the rise of Citizenship by Investment (CBI) programs, Turkey has seen a growing number of revocation cases. These are often linked to alleged fraud, national security concerns, procedural irregularities, or incomplete declarations during the application process.

If you are facing a revocation of citizenship or suspect you might be at risk, this guide will walk you through everything you need to know:

  • Legal grounds for revocation under Turkish law

  • Procedure of revocation and who can initiate it

  • Your rights as a foreign-born Turkish citizen

  • How to file a lawsuit and why it’s always necessary, regardless of outcome

  • Common mistakes and how to avoid them

  • Strategic legal considerations and how to defend your status

II. The Legal Framework of Turkish Citizenship

1. Sources of Law

The acquisition and revocation of Turkish citizenship are regulated by:

  • Turkish Citizenship Law No. 5901

  • Regulation on the Implementation of Turkish Citizenship Law

  • Constitution of the Republic of Turkey (especially Articles 66 & 76)

  • Various international agreements and human rights conventions (e.g., ECHR)

2. Types of Citizenship Acquisition

Under Law No. 5901, Turkish citizenship may be acquired through:

  • Birth (by descent or place of birth)

  • Marriage (after 3 years of union under certain conditions)

  • Adoption

  • Naturalization (standard, discretionary process)

  • Exceptional circumstances (including investment-based acquisition)

Each of these pathways may be subject to scrutiny or revocation if it is later discovered that the acquisition did not comply with the law.

III. Revocation of Citizenship: Who Is At Risk?

1. What Is Citizenship Revocation?

Citizenship revocation is the unilateral annulment of Turkish citizenship granted to an individual, typically by a decision of the Ministry of Interior and approved by Presidential Decree. It is distinct from loss of citizenship by application, which occurs voluntarily.

2. Who Can Lose Their Citizenship?

Revocation usually applies to:

  • Naturalized citizens (by investment, marriage, or discretionary grant)

  • Individuals accused of providing false or misleading information during their application

  • Persons who are considered a threat to national security or public order

  • Individuals who fail to fulfill post-acquisition obligations (such as living in Turkey for a specified time or maintaining investments)

IV. Legal Grounds for Citizenship Revocation

Under Turkish Citizenship Law No. 5901, there are several key grounds upon which revocation can be initiated:

1. Misrepresentation or Fraud (Article 31)

If citizenship was acquired through false documents, misleading declarations, or concealment of critical facts, the Ministry may propose revocation. This is the most common basis for cancelling investment-based citizenships.

Examples:

  • Submitting fake property valuation reports

  • Using nominee investors to bypass investment requirements

  • Concealing criminal records or deportation history

Important: Even if the individual was unaware of the fraud (e.g., manipulated by a consultant), they are still personally responsible under Turkish law.

2. Threat to National Security or Public Order (Article 29)

Citizenship may be revoked from individuals:

  • Involved in terrorism or espionage

  • Affiliated with organizations banned in Turkey (e.g., FETÖ)

  • Found to have committed serious crimes undermining public order

This applies even after citizenship has been held for many years.

3. Failure to Fulfill Conditions of Exceptional Acquisition (e.g., Investment Citizenship)

  • Not maintaining the investment (e.g., selling the property or liquidating funds before the 3-year minimum)

  • Transferring assets in a way that breaches the integrity of the investment

  • Using forged or inflated real estate documents

4. Procedural Irregularities or Mistakes by Authorities

Even if the applicant is not at fault, revocation may be initiated if public officials made errors during the approval process. In such cases, the state may argue the citizenship was null from the beginning (“butlan”).

V. The Revocation Procedure: Step-by-Step

  1. Investigation by the Directorate General of Population and Citizenship Affairs (NVI):
    Authorities begin by examining the application documents and, in suspicious cases, initiate a formal inquiry.

  2. Proposal by the Ministry of Interior:
    If misrepresentation or irregularity is found, the Ministry recommends revocation to the Presidency.

  3. Presidential Decision:
    If approved, the decision is published in the Official Gazette and becomes effective.

  4. Notification to the Individual:
    The person is notified via mail or electronic means. This starts the clock for legal action.

  5. Legal Right to Sue:
    The individual has 60 days from the date of notification to file an administrative lawsuit.

VI. Can You Fight a Revocation Decision? YES – And You Must.

Regardless of whether the case looks weak or strong, every revocation decision should be challenged in court. Here’s why:

  • Revocation carries severe consequences, including loss of legal status, deportation risk, family disruption, and reputational harm.

  • Administrative courts have overturned many unjust decisions, especially when due process was violated.

  • Inaction will result in the decision becoming final — and nearly impossible to reverse later.

Even if your chances of winning seem low, the legal process itself can reveal weaknesses in the government’s case and open doors for settlement or reconsideration.

VII. How to File a Lawsuit Against Citizenship Revocation

1. Which Court Has Jurisdiction?

Revocation of citizenship is considered an administrative act under Turkish law. Therefore, the proper legal remedy is a suit filed before the:

  • Administrative Court (İdare Mahkemesi) in the province where the individual resides or where the Ministry is located (Ankara).

This is not a civil or criminal case — it follows administrative procedural law (Law No. 2577).

2. Deadline to File a Lawsuit

You must initiate legal proceedings:

  • Within 60 days of receiving official notification of the revocation decision.

  • This deadline is strict. Late submissions are automatically rejected unless extraordinary conditions apply (force majeure, misinformation).

3. Who Can File?

  • The individual subject to revocation

  • Their legal representative or attorney

  • In case of a minor, the legal guardian

4. Documents Required

  • Copy of the revocation decision (Official Gazette or notification)

  • Turkish identity number or passport copy

  • Evidence supporting your claim (e.g., tax receipts, property documents, emails, correspondence)

  • Power of attorney for legal counsel (if represented)

VIII. Legal Defenses and Strategic Considerations

The most effective way to challenge a revocation decision is to build a solid factual and legal case. Common defenses include:

1. Lack of Fraud or Misrepresentation

Arguing that:

  • Documents were accurate and verified

  • Any error was clerical or committed by a third party (e.g., translator, consultant)

  • There was no intentional deception

2. Procedural Violations

Such as:

  • Not being granted the right to be heard

  • Failure to notify properly

  • Retroactive application of new rules

  • Unlawful investigation methods

3. Disproportionality

Under the principles of European Convention on Human Rights:

  • Revocation must not be arbitrary or disproportionate

  • Especially if it affects family unity, minor children, or statelessness

IX. Case Law from Turkish Courts

Turkish courts have issued key decisions on this matter:

Example 1: Council of State (Danıştay) Ruling on Investment Fraud

“Where the investor was not involved in the forged valuation, the revocation of citizenship solely based on the document, without further inquiry, violates principles of fairness.”

Example 2: Administrative Court Reversal on National Security Claim

“The state failed to provide clear evidence that the applicant posed a security risk. Revocation based on assumptions is unlawful.”

These rulings demonstrate that not all revocation decisions hold up in court, and well-prepared challenges can succeed.

X. International Protections and Appeals

Even if national courts reject your case, you may explore:

1. European Court of Human Rights (ECtHR)

If your rights under the European Convention are violated — especially:

  • Right to a fair trial

  • Protection of private and family life

  • Protection from arbitrary treatment

2. UN Human Rights Committee

Though less frequently used, this is another option for statelessness cases or where discrimination is alleged.

XI. Common Mistakes to Avoid

  • Not acting within 60 days

  • Failing to hire a qualified attorney

  • Underestimating the seriousness of revocation

  • Providing incomplete or contradictory documents

  • Not attending court hearings or submitting defense properly

Citizenship revocation is not a “formality.” It's a life-altering administrative penalty — treat it as such.

XII. Why You Must File a Lawsuit — No Matter What

Even if:

  • You think your case is weak

  • You believe the government has “final say”

  • You’ve been advised not to “bother”

You must file a lawsuit. Here's why:

  • Inaction = irreversible loss. After 60 days, you lose all rights to challenge the decision.

  • Court proceedings expose flaws in the state's case.

  • It creates a legal record that may help in future applications, appeals, or international procedures.

  • Silence may be perceived as acceptance.

“Even if the outcome is uncertain, the act of filing is itself a form of protection.” — Attorney Ensari Yiğitcan Çakmak

XIII. Final Words: Protect Your Citizenship – Act Now

The loss of Turkish citizenship can lead to:

  • Deportation or loss of residence

  • Ineligibility for visas, banking, or property

  • Family separation

  • Irreversible reputational harm

But you are not defenseless.

Turkish law provides legal remedies, and Turkish courts have a history of overturning unjust revocation decisions — but only for those who act in time.

📌 Need Immediate Legal Help? We’re Here for You

If you or a family member is facing a revocation case, contact our office without delay.

We offer:

  • Full legal representation in court

  • Emergency appeal filing

  • Document review and defense strategy

  • Bilingual support and international coordination

Contact Ensari Yiğitcan Çakmak – Attorney at Law

🌐 www.ensariyigitcancakmak.av.tr
📧 info@ensariyigitcancakmak.av.tr
📞 +90 533 194 52 14

Act before the 60-day deadline expires. Let us protect your rights and secure your future.

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