Foreign Investment ConsultancyImmigration LawReal Estate LawResidence PermitTurning 18 During a Turkish Citizenship by Investment Application: Legal Assessment and Annulment Actions (2026 Update)

 

Turning 18 During a Turkish Citizenship by Investment Application: Legal Assessment and Annulment Actions (2026 Update)

 

What happens if a child turns 18 during a Turkish Citizenship by Investment application? Analysis of recent administrative rejections and available legal remedies before Administrative Courts.

 

Citizenship by Investment in Turkey and Family Applications

Under Turkish Citizenship Law No. 5901, foreign investors applying for Turkish Citizenship by Investment (including real estate acquisition of at least 400,000 USD) may include:

• Their spouse, and
• Their children under the age of 18

within the same application file.

Applications are evaluated following security clearance and administrative review procedures and finalized by the
General Directorate of Population and Citizenship Affairs.

According to the law, children who are under 18 at the time of application are eligible to be included in the family file.

 

The Practical Issue: Turning 18 During the Evaluation Process

Citizenship applications may remain under review for several months due to background checks and administrative procedures.

A recurring issue has recently emerged:

• The child is under 18 at the time of submission,
• However, during the evaluation stage, the child turns 18,
• The administration rejects the child’s application on the ground that they are no longer a minor at the time of decision.

This practice has generated significant legal debate.

 

Previous vs. Current Administrative Practice

Previous Practice

In earlier cases:

• The administration requested a certificate of unmarried status,
• Opened a separate file for the now-adult child,
• Completed the procedure and granted citizenship accordingly.

This approach was consistent with the principle that eligibility should be assessed based on the application date.

 

Current Practice

Recently, despite no amendment to Law No. 5901:

• Applications of children who turn 18 during the review period are rejected,
• No opportunity for supplementary documentation is provided,
• No separate application process is initiated.

This shift reflects a change in administrative interpretation rather than legislative reform.

 

Legal Evaluation

1. Principle of Application Date Assessment

Under general principles of administrative law, applications should be assessed according to the legal and factual circumstances existing at the time of submission.

If:

• The child was under 18 on the application date, and
• All legal conditions were fulfilled,

subsequent administrative delay should not result in loss of rights.

 

2. Legitimate Expectation and Legal Certainty

When applicants meet all statutory requirements at the time of filing, a legitimate expectation arises.

Administrative delays that lead to the rejection of a previously valid application may conflict with:

• The principle of legal certainty,
• The principle of proportionality.

 

3. Protection of Family Unity

Granting citizenship to parents while excluding a child solely due to reaching the age of 18 during processing raises concerns regarding the protection of family unity and proportional administrative action.

 

Legal Remedy: Annulment Lawsuit Before Administrative Courts

In such cases, applicants may initiate:

• An annulment action before the competent Administrative Court
• Challenging the rejection decision issued by the
  General Directorate of Population and Citizenship Affairs.

Legal arguments commonly include:

• Assessment should be based on the application date,
• Administrative delay cannot result in deprivation of rights,
• The administration cannot introduce additional conditions not foreseen by law,
• Violation of proportionality and legal certainty principles.

Where appropriate, a request for stay of execution may also be filed.

 

Frequently Asked Questions

If the child was 17 at the time of application, does eligibility remain?

Legally, the age requirement is met if the child was under 18 at the time of submission. However, recent administrative practice has relied on the decision date.

Can a new application be submitted after rejection?

Current practice generally does not allow reopening the file administratively, making judicial review the primary remedy.

What is the deadline to file a lawsuit?

An annulment action must generally be filed within 60 days from notification of the rejection decision.

 

Conclusion

The rejection of children who turn 18 during the evaluation of a Turkish Citizenship by Investment application represents a significant shift in administrative practice, despite the absence of legislative change.

Such decisions may be subject to judicial review under principles of administrative law, including legitimate expectation, legal certainty, and proportionality.

Case-specific legal assessment is essential in determining the appropriate course of action.