Discover how to handle Turkish citizenship application rejections for children turning 18 and learn the legal steps to protect your family's investment rights.
Understanding Turkish Citizenship by Investment for Families
The Turkish citizenship by investment program is a fast way for families to get a second passport. You can invest in real estate or bank deposits to get citizenship for your spouse and kids. But Turkish Law No. 5901 says a "child" must be under 18. This age limit causes big problems if the process takes too long. If your child turns 18 during the wait, you might face a legal battle.
If you need a closer look here, see Understanding Turkish Military Service Law.
The Age 18 Limit: Why Timing Matters for Turkish Citizenship by Investment
Only children under 18 when you apply can join your application as dependents. If your child is 17 during the application but turns 18 before the final decision, the government might reject them. Officials often claim the child must be a minor when the citizenship is actually granted. This creates a stressful race against the clock for many families.
Why the Government Rejects Older Children
Several things can lead to a rejection for a child who becomes an adult during the process:
- Processing Delays: Security checks can take many months. If these delays push your child past their 18th birthday, the file gets flagged.
- Different Interpretations: Some regional offices look at the age when you started. Others look at the age when they finish the work.
- Missing Papers: If you miss a document, your official start date might move forward. This could move your child into the adult category and lead to a denial.
Your Legal Rights and "Acquired Rights"
Turkish administrative law protects your "acquired rights." If you filed a full application while your child was a minor, you have a strong case. Turkish courts, like the Council of State, usually agree with this. They say the date you applied should be the deciding factor. It's not fair to punish your family just because the state took too long to process the file.
What to Do if Your Child is Rejected
Don't give up if the ministry rejects your child's application. You have legal options to fix this situation. But you must act quickly to meet court deadlines.
1. Filing a Lawsuit to Cancel the Decision
The best way to fight a rejection is to file an annulment lawsuit in the Administrative Court. You must do this within 60 days of getting the rejection notice. Your lawyer will show that the child was eligible when you first applied. And they will argue that the delay was the government's fault, not yours.
2. Asking for a Stay of Execution
Your lawyer can also ask the court to pause the rejection. This keeps your child's legal status safe while the judge looks at the case. It's a vital step to prevent deportation or other visa issues.
3. Making an Administrative Appeal
You can also object directly to the Ministry of Interior. This is faster than a court case. But the ministry rarely changes its mind unless there was a simple clerical error on their part.
How to Avoid Age Problems
It's always better to avoid a court case if you can. To keep your kids safe, follow these simple tips:
- Apply Early: Don't wait until your child is 17 and a half. Start the process at least a year before they turn 18.
- Check Your Papers: Errors in birth certificates cause long delays. These delays can be very costly for older children.
- Watch the File: Have your lawyer track the security checks. Don't let your file sit on a desk for months without an update.
Getting Turkish citizenship by investment requires careful planning and quick action. If your child faces a rejection because of their age, you need expert help to protect your family's future. So, make sure you have a legal team that understands these specific age rules.
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About Hamit Ekşi
Expert real estate consultant specializing in Turkish Citizenship by Investment programs. Helping international investors find their dream properties in Turkey.
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