Will Your Citizenship Application Be Rejected If You Have a Pending Criminal Case?

A foreigner who has lived in Turkey for years on a work permit and has more than satisfied the uninterrupted-residence requirement may find their Turkish citizenship application unexpectedly rejected because of a pending criminal case. This situation brings the tension between the "presumption of innocence" and the "public order" ground to the fore. In this article, we examine the effect of a pending criminal trial on a citizenship application, what changes in the event of a conviction, and the legal path to follow in this process, in light of Council of State (Danıştay) case law.

Summary of the Situation

A person who has resided in Turkey for many years on a work permit and more than meets the five-year uninterrupted-residence requirement has applied for Turkish citizenship. However, the applicant has a pending criminal trial on a charge of "forgery of official documents." This creates significant uncertainty as to whether the application can be assessed at the administrative stage and how a possible conviction would affect the right to citizenship.

The Legal Issue

Under Article 11 of the Turkish Citizenship Law No. 5901, a foreigner wishing to acquire Turkish citizenship must have resided in Turkey without interruption for five years, be of good moral character, and have no condition constituting an obstacle in terms of national security or public order. The problem is this: can a criminal case that has not yet been finalized — that is, one in which the presumption of innocence still applies — be treated as falling within this "obstacle" and halt the application?

What Does the Council of State (Danıştay) Say?

A Pending Trial Is a Direct Obstacle

Article 25, paragraph 2, subparagraph (c) of the Regulation on the Implementation of the Turkish Citizenship Law contains an explicit provision on this point: "Where it is established that the person is being tried for any offense... the application shall not be accepted." This provision has been confirmed repeatedly by the following Council of State decisions:

• Council of State, 10th Chamber (E. 2020/993, K. 2020/5486, dated 2020): Emphasized that, under Article 25/2-c of the Regulation, applications by persons whose trials are pending shall not be accepted.
• Council of State, 10th Chamber (E. 2016/15866, K. 2021/1046, dated 2021): Stated that pending trials and convictions of a certain length provide a legal basis for rejecting a citizenship application.
• Council of State, 10th Chamber (E. 2023/5620, K. 2025/4552, dated 2025): While emphasizing the presumption of innocence, the court accepted that, pursuant to the relevant regulation provision, a pending trial constitutes an obstacle to the acceptance of the application. This decision is an important precedent showing that the presumption of innocence does not provide automatic protection in the administrative process.

The Nature of the Offense Matters

The Council of State, 10th Chamber (E. 2022/2304, K. 2022/4755, dated 2022) stated that offenses such as forgery of official documents are treated as "offenses against public trust" and seriously disturb public order. Charges of this kind can adversely affect the administration's discretionary assessment not only through the "more than 6 months' sentence" criterion but also by virtue of the very nature of the offense.

In the Event of a Conviction, the Situation Becomes Even Clearer

While the possibility of applying may arise again if the trial ends in acquittal, in the event of a conviction Article 72/5 of the Regulation comes into play: "With the exception of negligent offenses, persons sentenced to more than six months' imprisonment cannot acquire Turkish citizenship, even if the sentence has been suspended, become time-barred, made subject to deferral of the announcement of the verdict (HAGB), converted to a fine, or pardoned."

The striking aspect of this rule is that the sentence having been suspended or made subject to an HAGB decision does not change the outcome. In other words, if a prison sentence of more than 6 months has been imposed, the citizenship obstacle arises even if the sentence is never executed.

Exceptional Assessments Also Exist

In some Council of State decisions (e.g. E. 2017/1053, K. 2022/1213, dated 2022 and E. 2020/6745, K. 2023/7962, dated 2023), exceptional rulings have been made to the effect that HAGB decisions rendered for forgery of official documents may, depending on the circumstances of the specific case, not constitute an obstacle to citizenship. However, the general trend and the explicit wording of the legislation point in the direction that a pending case will halt the application.

Points to Watch

• Clarify any pending trial before applying. If your criminal case is ongoing, assess the course of the trial and its possible outcomes before filing a citizenship application.
• Do not forget the 6-month threshold. In the event of a conviction, whether the prison sentence exceeds 6 months is a critical threshold; suspension or HAGB does not remove this limit.
• Assess negligent offenses separately. The Regulation excludes negligent offenses from this 6-month limitation.
• Be prepared for the administration's broad discretion. Since naturalization falls within the state's sovereign powers, the administration enjoys a very wide margin of discretion in this area.
• Do not overlook the possibility of acquittal. If the trial ends in acquittal, the application can be reconsidered; the defense strategy in the criminal case is therefore directly linked to the citizenship process.

Conclusion: What Should You Do?

The citizenship application of a foreigner with a pending criminal case faces the risk of not being accepted under Article 25/2-c of the Regulation, no matter how long their residence and work permit history. The primary goal should therefore be securing a favorable outcome in the criminal case, since an acquittal reopens the path to citizenship. Rather than filing a citizenship application while the trial is ongoing, focusing first on the defense in the criminal proceedings and planning the application process after the case concludes reduces both the time lost and the risk of a negative administrative record that a rejection would create. Obtaining support from a lawyer able to manage both processes together — criminal law and foreigners law — is of great importance.