If your Turkish citizenship has been revoked, it is important to know that this decision is not always final. In many cases, citizenship revocation decisions can be challenged before administrative courts in Turkey.
Citizenship revocation cases often involve serious consequences such as loss of legal status, cancellation of identity documents and passports, and the risk of deportation. For this reason, taking legal action without delay is extremely important.
Under Turkish law, individuals generally have the right to file an annulment lawsuit against citizenship revocation decisions and request suspension of execution in order to prevent irreversible legal consequences.
This guide explains the legal process, filing deadlines, deportation risks, suspension of execution requests, and the rights of individuals facing the revocation of Turkish citizenship.
In Turkish law, the revocation or deprivation of citizenship is subject to judicial review. The Turkish Citizenship Law and the Administrative Procedure Law provide strong legal protection to individuals against such administrative acts.
Why Is Citizenship Revoked?
The Turkish Citizenship Law regulates the termination of citizenship by the administration under two separate headings. The correct answer to the question “what should a person whose citizenship has been revoked do” depends primarily on understanding this distinction.
1) Revocation of Citizenship (TCL Art. 31)
According to Article 31 of the Turkish Citizenship Law, if a person has obtained Turkish citizenship through false declaration or by concealing an important fact that was effective in acquiring citizenship, the administration may subsequently revoke this citizenship decision.
In practice, the most frequently encountered answer to the question “what should a person whose citizenship has been revoked do” relates precisely to this article. Because the administration often revokes citizenship years later, following archival research or security investigation, claiming that the person presented incomplete information during the application or did not declare certain facts at all.
This situation is generally based on the following grounds:
Failure to report an ongoing investigation in a foreign country during the application, failure to declare existing judicial records or security notes, incomplete presentation of information regarding identity, nationality, or background, intelligence or archival records that emerged subsequently.
The most severe consequence of a revocation decision issued under this article is as follows:
The decision has retroactive effect (ex tunc). That is, from a legal perspective, the person is deemed never to have acquired Turkish citizenship.
Therefore, revocation decisions based on TCL Art. 31 do not only result in the cancellation of identity documents and passport; they also immediately convert the person’s entire legal status in Turkey to that of a foreigner and often trigger the deportation process.
2) Deprivation of Citizenship (TCL Art. 29)
In cases where a person works without permission in the service of a foreign state, engages in activities against state security, or has security investigation records or objectionable records, citizenship may be deprived by Presidential decree.
In both cases, there is an administrative act. Pursuant to Article 125 of the Constitution, there is a right to file a lawsuit in administrative courts against these acts of the administration.
4 Critical Steps a Person Whose Citizenship Has Been Revoked Must Take
The practical answer to the question “what should a person whose citizenship has been revoked do” is to take the following four steps without delay. These steps both protect your legal status and prevent irreparable consequences.
1) Filing an Annulment Lawsuit (Most Critical Step)
The revocation or deprivation of citizenship is an administrative act and is subject to judicial review. Therefore, an annulment lawsuit must be filed in administrative courts against the decision.
According to the Administrative Procedure Law, the deadline for filing a lawsuit is 60 days, and if this deadline is missed, the decision becomes final. Once the decision becomes final, the person legally falls into “foreigner” status and the risk of deportation arises.
2) Requesting Suspension of Execution
Filing a lawsuit does not automatically suspend the implementation of the citizenship revocation decision. Therefore, suspension of execution must be requested in the petition.
Citizenship revocation causes irreparable damages such as invalidation of identity documents and passport, loss of social and legal rights, and the danger of deportation, making this request of vital importance.
3) Stopping the Liquidation of Assets
Article 33/2 of the Turkish Citizenship Law provides very important protection:
If a lawsuit is filed against the citizenship revocation decision, the liquidation of the person’s assets in Turkey is postponed until the end of the lawsuit. That is, filing a lawsuit automatically creates a guarantee for the protection of property rights.
4) Checking the Legal Status of Spouse and Children
The effect of citizenship revocation (Art. 31) and deprivation (Art. 29) decisions on spouse and children differs. Particularly, revocation decisions issued under Art. 31 may also put at risk the status of spouse and children who acquired citizenship dependent on the person. Therefore, the legal status of family members must be separately evaluated.
Deadline for Filing a Lawsuit Against Citizenship Revocation
The most critical answer to the question “what should a person whose citizenship has been revoked do” is not to miss the deadline. Because the annulment lawsuit to be filed against citizenship revocation is strictly bound by time limits.
According to the Administrative Procedure Law, the deadline for filing a lawsuit against administrative acts is 60 days. This period begins from the date the citizenship revocation decision is officially notified. If official notification has not been made, the date when the person learned of the decision is taken as the basis.
In practice, many people unknowingly miss this deadline because the decision reached them late or was never officially notified. However, in administrative acts that produce severe consequences such as citizenship revocation, the date of learning can also be accepted as the beginning of the lawsuit period.
If a lawsuit is not filed within this 60-day period: The citizenship revocation decision becomes final, the person legally falls into foreigner status, the deportation process can be initiated, identity documents and passport become invalid.
Therefore, applying to administrative courts without delay against the citizenship revocation decision is the only way to prevent loss of rights.
Why Is Suspension of Execution Vital?
One of the most important answers to the question “what should a person whose citizenship has been revoked do” is to request suspension of execution in the lawsuit petition. Because the fact that a lawsuit has been filed against citizenship revocation does not automatically suspend the implementation of this decision.
According to Article 27 of the Administrative Procedure Law, for a suspension of execution decision to be issued, it is necessary that the implementation of the act would cause difficult or impossible damages to remedy and that the act is clearly contrary to law.
Citizenship revocation precisely contains both of these conditions together. Because if this decision is implemented: The person’s identity documents and passport become invalid, their legal status in Turkey turns into that of a foreigner, the risk of deportation arises, and their rights to work, reside, access healthcare, and social rights effectively disappear.
Therefore, requesting suspension of execution from the court is of vital importance for the person to be able to remain in Turkey during the lawsuit process and to exercise their fundamental rights. In practice, requests for suspension of execution in citizenship revocation lawsuits are seriously evaluated by judicial authorities due to the severe consequences they would cause.
What Happens to Spouse and Children?
Another issue as important as the question “what should a person whose citizenship has been revoked do” is whether this decision affects spouse and children. Because the effect of citizenship revocation and deprivation decisions on family members differs from each other.
The Turkish Citizenship Law clearly regulates this distinction:
In revocation decisions issued under TCL Art. 31 (false declaration / concealment):
If spouse and children acquired Turkish citizenship dependent on the person whose citizenship was revoked, this revocation decision may also affect their citizenship. Because the revocation decision has retroactive effect and legally the person is deemed never to have been a citizen. In this case, the citizenship status of spouse and children also becomes subject to legal dispute.
In deprivation decisions issued under TCL Art. 29:
These decisions are personal. That is, the deprivation of a person’s citizenship does not affect the citizenship status of spouse and children.
The most overlooked issue in practice is the consequences that revocation decisions based on Art. 31 may cause for family members. Therefore, in the citizenship revocation process, not only the person’s but also the legal status of spouse and children must be separately evaluated.
How to Stop the Liquidation of Assets?
One of the most critical topics of the question “what should a person whose citizenship has been revoked do” is the protection of property rights. Because the citizenship revocation decision can have consequences not only on identity and legal status but also on the person’s assets in Turkey.
According to Article 33 of the Turkish Citizenship Law, the provisions applicable to foreigners come into effect regarding persons whose citizenship has been revoked, and if deemed necessary, liquidation of their assets may be requested. In this case, the person is given a maximum of one year to liquidate their assets in Turkey. Otherwise, the assets are sold by the Treasury and the proceeds are deposited in a public bank in the person’s name.
However, paragraph 2 of the same article provides very important legal guarantee:
If a lawsuit is filed against the citizenship revocation decision, the liquidation of assets is postponed until the end of the lawsuit.
That is, filing a lawsuit in administrative courts against citizenship revocation automatically protects not only the citizenship status but also the person’s property rights in Turkey. Therefore, filing a lawsuit is of vital importance also for the protection of assets.
Risk of Statelessness and International Law
One of the most important issues that should not be overlooked when evaluating the question “what should a person whose citizenship has been revoked do” is the risk of the person becoming stateless (heimatlos). Because some citizenship revocation decisions, in cases where the person does not have citizenship of another state, can push them into a status legally not belonging to any state.
This situation produces serious consequences not only from the perspective of domestic law but also in terms of international law and human rights law. Pursuant to international conventions to which Turkey is a party and constitutional principles, not leaving persons stateless is a fundamental principle.
In cases where there is a risk of statelessness, the following legal arguments should be particularly emphasized regarding the citizenship revocation decision: That it is contrary to the principle of proportionality, that it damages family unity, that it eliminates fundamental rights and freedoms, that it constitutes a violation of international obligations.
In such cases, administrative judicial authorities evaluate the citizenship revocation decision not only formally but also from the perspective of human rights and international law. Therefore, clearly and concretely presenting the risk of statelessness in the lawsuit petition is of great importance for the course of the lawsuit.
In Which Court Should the Lawsuit Be Filed?
The part where the most mistakes are made in practice regarding the question “what should a person whose citizenship has been revoked do” is filing the lawsuit in the wrong court. However, the competent and authorized court in the lawsuit to be filed against citizenship revocation is determined according to the authority that issued the decision.
If the citizenship revocation or deprivation decision was issued by Presidential decree, the lawsuit is filed directly in the Council of State.
If the decision was issued by the Ministry, Governorate, or relevant administrative commission, the competent court is the Administrative Court.
This distinction is extremely important. Because if the lawsuit is filed in the wrong place, the court issues a decision of lack of jurisdiction and sends the file to the competent court. Therefore, before filing a lawsuit against citizenship revocation, which authority issued the decision must be carefully examined and the lawsuit must be filed in the correct judicial venue.
Frequently Asked Questions
My citizenship was revoked, can I stay in Turkey?
Yes. By filing a lawsuit against citizenship revocation and requesting suspension of execution in the lawsuit petition, it is possible for you to remain in Turkey during the judicial process.
What should a person whose citizenship has been revoked do?
They must file an annulment lawsuit in administrative courts within 60 days at the latest, request suspension of execution, and conduct the process with an expert attorney.
Are identity documents and passport valid after citizenship revocation?
With the revocation decision, identity documents and passport become legally invalid. Therefore, filing a lawsuit and requesting suspension of execution are of great importance.
Is citizenship revocation a ground for deportation?
In practice, yes. Since the person falls into foreigner status, the deportation process can be initiated. The way to stop this risk is through lawsuit and request for suspension of execution.
How many days is the deadline for filing a lawsuit against citizenship revocation?
It is 60 days from the notification or learning of the decision.
Does citizenship revocation affect my spouse and children?
If the revocation decision is based on TCL Art. 31 and spouse and children acquired citizenship dependent on you, their status may also be affected. Deprivation decisions are personal.
Will my assets be sold after citizenship revocation?
If a lawsuit is not filed, liquidation of assets may come into question pursuant to TCL Art. 33. However, if a lawsuit is filed, liquidation is postponed until the end of the lawsuit.
Where is the citizenship revocation lawsuit filed?
It varies according to the authority that issued the decision. If it is a Presidential decree, it is filed in the Council of State; if it is a Ministry or Governorate decision, it is filed in the Administrative Court.
Can the citizenship revocation decision be reversed?
Yes. If the annulment lawsuit filed in administrative courts is won, the citizenship is legally deemed never to have been revoked and all rights are restored.
Why Should You Choose Us?
As important as the correct answer to the question “what should a person whose citizenship has been revoked do” is who conducts this process. Because citizenship revocation lawsuits are technical files requiring expertise with dimensions of administrative law, immigration law, security investigations, archival records, and international law.
Lawsuits conducted in this field are different from classic administrative lawsuits. The success of the file often depends on refuting the administration’s abstract claims such as “false declaration,” “concealment,” “security record” with concrete documents.
In this process, we: Technically analyze the citizenship revocation grounds, legally evaluate claims arising from archival and security investigations, substantiate the request for suspension of execution with strong grounds, jointly address the legal status of spouse and children, and place the risk of statelessness and deportation at the center of the lawsuit strategy.
Particularly, citizenship revocation decisions issued under TCL Art. 31 on grounds of false declaration are among the most frequently encountered and most frequently annulled administrative acts in practice. Successfully conducting these files requires mastery of both legislation and judicial precedents.
The correct strategy in citizenship revocation lawsuits is not just filing a lawsuit; it is constructing the file in a way that will refute the administration’s grounds. Therefore, conducting the process by an attorney experienced in administrative and immigration law in this field prevents loss of rights and significantly increases the chances of success in the lawsuit.
For detailed information about the conditions and application process for acquiring Turkish citizenship, you can also review our guide “Citizenship Application in Turkey: Steps and Conditions“.