SUBJECT: It is about the acquisition of Turkish Citizenship in exceptional terms with the Real Estate Purchase and Real Estate Sales Promise.
The Land Registry Law No. 2644 with Law No. 6302 which entered into force on 03/05/2012 according to the different article 35., foreign real persons in real estate acquisition in Turkey must be sought reciprocity was abandoned application. Foreigners may purchase real estate in Turkey for use as a workplace or as a dwelling house, provided that they comply with legal restrictions. However, even in different cities, the total area of real estate that a foreign person can buy in Turkey can not exceed 30 hectares.
Moreover, it should be noted that if the real estate is located within the security zone, it is not possible to sale process to foreigners.
Under the land law, foreigners buy real estate in Turkey to foreigners the possibility of gaining Turkish citizenship after has been recognized, it is easier to. The Turkish citizenship law No. 5901 is the basis related the conduct of business and transactions regarding to the acquisition and loss of Turkish citizenship in the Republic of Turkey. In order to determine the procedures and principles to be applied for the acquisition, loss, proof and execution of multi-citizen transactions, The Regulation on the Implementation of the Turkish Citizenship Law with the Council of Ministers decision dated 11/2/2010 with the aim of establishing unity in practice, entered into force by being published in the Official Gazette dated 06/04/2010. Turkish Citizenship is acquired in two ways, birth and later in accordance with the law. In addition, the legislator has introduced exceptions to the acquisition of Turkish citizenship. In addition, the legislator has introduced exceptions to the acquisition of Turkish citizenship. Acquisition of citizenship by purchasing real estate is among the exceptional regulations.
In this context, in accordance with The Citizenship Law and The Regulations, the explanations related to the acquisition of real estate purchase by Turkish citizens are as follows.
1. Acquisition of Turkish Citizenship through the purchase of real estate is an exceptional situation.
Citizenship Law In Article 20, “exceptional Turkish citizenship can be won” is accepted, Also in Article 20 of The Regulation these exceptional circumstances are explained. With Citizenship Law Article 12. ;
⎫ Provided that there is no obstacle in terms of national security and public order,
⎫ By the president's decision
⎫ It is stated that the persons who bring industrial facilities to Turkey or who are thought to be in exceptional service in scientific, technological, economic, social, sports, cultural, artistic fields or who make a justified offer by the relevant ministries will acquire Turkish citizenship as exceptional.
What should be understood from the phrase “bringing industrial facilities to Turkey or having the exceptional service in scientific, technological, economic, social, sports, cultural, artistic areas” Regulation 20. The Article is listed as exceptional cases. In the Official Gazette numbered 30540 dated 19/29/018, the price has been updated with the addition of Article 1 of the Decision of the President No.106. And with the Decision of the President dated 7/12/2018 and numbered 30618 published in the Official Gazette No. 418 of the article b sub clause of the sale promise contract also paved the way for the acquisition of citizenship.
a) The Ministry of Industry and technology has determined that at least 500,000 USD or equivalent foreign currency or equivalent Turkish lira is invested in fixed capital,
b) A minimum of 250,000 USD or the corresponding amount of foreign currency or equivalent shall be deposited in advance in the amount of 250,000 USD or equivalent in exchange for a period of three years or it has been accepted that the persons determined by the Ministry of Environment and Urbanization, upon which the contract signed with the notary public promises that the sale of the real estate is promulgated will not be transferred and abandoned for a period of three years and that the persons determined by the Ministry of Environment and Urbanization meet the other conditions.
c) Family, labour and Social Services, which employs at least 50 people, determined by the Ministry of Labor and Social Services
d) At least 500.000 USD or equivalent in foreign currency or equivalent in Turkish lira deposits, provided that the banks operating in Turkey to keep three years, The Banking Regulation and Supervision Institution has been determined by
e) The Treasury and the Ministry of Finance purchased the state debt instruments amounting to at least 500,000 USD or equivalent in exchange or equivalent in Turkish lira, provided that they keep them for three years
f) The real estate investment fund participation share or venture capital investment fund participation share amounting to at least 500,000 USD or equivalent in exchange or equivalent in Turkish lira has been accepted to be eligible for Turkish Citizenship with the fulfillment of other requirements determined by the Capital Markets Board that it has purchased provided that it holds at least three years.
Exceptionally acquisition of Turkish citizenship with the purchase of real estate;
a. At least 250,000 U.S. dollars or foreign currency for this money or Turkish lira in the amount of money real property purchase requires.
b. The Ministry of Environment and Urbanization records of land registry for three years not to be sold will be put an annotation.
c. In determining the monetary values, effective selling rate or cross exchange rate of the Central Bank of the Republic of Turkey date of determination it will be taken as a basis.
d. The person applying for citizenship should not have a state of obstacles of in terms of national security and public order.
e. With the written instruction of the ministry, the necessary information and documents by the commission of the foreigner’s application for are collected.
f. With the decision of the presidency, citizenship is acquired.
The real estate will be transferred to the buyer at the next date with a preliminary contract for sale to be signed by the notary public between the buyer and the seller before the transfer of the title deed is decided, Preliminary contract for sale for real estate sale between buyer and seller is signed.
Exceptionally acquisition of Turkish citizenship with the preliminary contract for sale of real estate;
a. For the real estate which is promised to be taken with the preliminary contract for sale, at least USD 250.000 or foreign currency for this money or Turkish lira in the amount of money deposited in cash,
b. Preliminary contract for sale of real estate is required to be transferred to the land registry with a pledge that it will not be abandoned and abandoned for a period of three years. In this regard, a commitment should be put on the transfer and cancelment of the contract.
c. In addition, in the article of the law “Land Registry records not sold for three years provided that the annotation is placed” is placed in the statement of this commitment should be made during the annotation posted on the land registry.
d. In determining the monetary values, effective selling rate or cross exchange rate of the Central Bank of the Republic of Turkey date of determination it will be taken as a basis.
e. The person applying for citizenship should not have a state of obstacles of in terms of national security and public order.
f. With the written instruction of the ministry, the necessary information and documents by the commission of the foreigner’s application for are collected.
g. With the decision of the presidency, citizenship is acquired.
In practice, the acquisition of Turkish citizenship with the purchase of real estate conclude within a period of 6 months to 1 year. After realization of the deed transactions, the acquisition of citizenship is completed by giving the foreigners are given rights such as rights residence permits in a short period of time.
h. Acquisition of the Turkish Citizenship by the foreigner’s spouse is subjected to “Acquisition of the Turkish citizenship by marriage”. As it is understood from the article 20 of the Citizenship Law which is mandatory rule “Acquisition of the Turkish citizenship by decision of the competent authority does not affect the spouse’s citizenship”, therefore citizenship of the spouse is subjected to separate procedure. This procedure is regulated under article 16 of the Citizenship Law and article 25 of the Regulation.
a. Marriage with the Turkish citizenship does not bring the Turkish citizenship directly. So, if a foreigner acquired the Turkish citizenship by the real estate purchase, foreigner who purchased the real estate will not have a right to apply for Turkish citizenship for his/her spouse or his/her spouse will not acquire the Turkish citizenship directly. In this manner, even in case of acquisition of Turkish citizenship by the spouse of the person who acquired Turkish citizenship by birth, Legislator did not take the marriage as only criterion.
b. A person who is married with the person who has Turkish citizenship (Even for the acquisition of Turkish citizenship later) for at least three years and if this marriage is ongoing can apply for acquisition of the Turkish citizenship. In the article 25 paragraph 3 of the Regulation it is accepted that if the spouse of the foreigner who desire to acquire Turkish citizenship, acquired the Turkish citizenship later, acquisition date of the Turkish citizenship will be taken as a basis for the calculation of the elapsed time in marriage. For the mentioned reasons and regulation, spouse of the person who is Turkish citizen (if he/she foreigner formerly and acquired Turkish citizenship later), has to be married with the foreigner who acquired Turkish citizenship for at least three years from the date of the acquisition and this marriage has to be ongoing.
As it can be seen, if the foreigner acquired Turkish citizenship by purchasing real estate, “being married for 3 years and continuity of the marriage” feature which seeking by the Law for spouse to apply for Turkish citizenship, has to be understood as 3 years from the date acquisition of the citizenship by foreigner who is acquired the Turkish citizenship by purchasing real estate. In case of application for citizenship by spouse of the foreigner who acquired Turkish citizenship lately
c. Citizenship Application Examining Commission examines the below-mentioned issues;
• Living in unity of family,
• Not to acting in a manner of contradict to unity of family,
• Acquisition of the Turkish citizenship by this person must not generate a possibility to threat to national security and public order.
d. After the research of the commission foreigner and his/her spouse who desire to acquire Turkish citizenship, commission make a research again to detect that marriage is real or spouses did not married for the acquisition of the Turkish citizenship.
e. If the spouse who wants to win the Turkish citizenship is applying abroad, he / she will collect the necessary documents and make the application through the consulate, and the interview will be made by the consul general or the higher authority responsible for consular procedures instead of the Commission in Turkey. The foreign person and his / her spouse are interviewed separately and together to determine whether the marriage is a real marriage or a marriage intended to gain Turkish citizenship. According to the law of the state in which the foreigner resides, the information and documents obtained by investigating whether the marriage registration with the Turkish spouse and the Turkish citizen is in the official authorities are included in the file if the positive or negative opinion of the interview is given by The Foreigner.
f. The Commission, which manages the process in Turkey, sends the final interview to the Ministry abroad for the final interview.
i.Citizens of foreigners who want to acquire Turkish citizenship as exceptional citizens
In order to obtain the citizenship of the spouse, it is essential that the parents or their children who apply to acquire Turkish citizenship be treated together with the parents, even if the acquisition of Turkish citizenship does not affect the spouse's citizenship by the decision of the competent authority. Therefore, it can also apply for foreign children who wish to acquire Turkish citizenship as exceptional. In this regard, the following principles were adopted in the law and regulation.
a. The children of the parents who won the Turkish citizenship together gain Turkish citizenship depending on their parents.
b. If the other spouse consents, he / she can acquire Turkish citizenship.
⎫ In the case of a marriage union or if one of the parents wins Turkish citizenship, if the spouse who does not have Turkish citizenship consents, the child will acquire Turkish citizenship depending on the mother or father. If the consent is not given, the procedure shall be carried out according to the decision of the judge in the country where the mother or father is located.
⎫ If the child who is a citizen of the Turkish is a citizen of the Turkish , he / she shall be entitled to the citizenship of the Republic of Turkey by the consent of the spouse who is not a citizen of the Republic of Turkey.
c) In the case of death of one of the parents, the child shall acquire the Turkish citizenship depending on the mother or father who has won the Turkish citizenship.
d) The child born out of the union of marriage of the mother who has won Turkish citizenship will acquire Turkish citizenship depending on the mother.
Children who have not been treated together with them at the time of their parents, acquisition of Turkish citizenship are included in the procedures and principles regarding the provisions of citizenship acquired subsequently, not the birth in the Citizenship Law, if they apply to acquire Turkish citizenship after they become adults. The later Turkish citizenship shall be made by the decision of the competent authority or by the adoption or the right to choose, and shall be subject to the provisions of the relevant provision of the law.
J. RULES AND PROCEDURES
1. The application shall be made to the General Directorate of Population and Citizenship Affairs affiliated to our foreign representations or the Ministry of internal affairs by a special power of attorney in person or by the use of this right.
2. The foreign applicants who apply for Turkish citizenship fill in the pre-application form. And The foreigner shall attach the documents required in accordance with the application form specified in the form and apply to the application authority. In the applications made directly to the General Directorate, the pre-application form is checked by the General Directorate, deficiencies are completed if any and sent to the authorized Ministry/Institution in order to determine the conditions required in the regulation.
3. In the applications made to the Civil Registry/foreign representations, the pre-application form is checked by the Civil Registry/foreign representations, if any, deficiencies are completed and sent to the General Directorate. The General Directorate shall be forwarded to the authorized Ministry/institution in order to determine the conditions required in the regulation.
4. A commission consisting of Representatives of the Ministry of family, labour and Social Services, Ministry of Environment and Urbanism, Ministry of Treasury and Finance, Ministry of Industry and Technology has been established within the Ministry of Interior in order to follow the process of application for citizenship.
5. In accordance with the procedures and principles to be determined by the competent Ministry / Agency, it is determined whether the foreigner fulfills the requirements in the second paragraph of Article 20 of the Regulation. The result is notified to the General Directorate of Population.
6. In accordance with the procedures and principles to be determined by the competent Ministry / Agency, it is requested that the citizenship file is created and sent to the General Directorate from the Civil Registry / Foreign Representative where the settlement is located on the foreign and family of the family determined to fulfill the requirements of the second paragraph of Article 20 of the Regulation.
7. Citizenship file from the Directorate of population/foreign representative is made necessary by the Directorate General and the result is communicated to the persons concerned through the Directorate of population/foreign representative.
8. Foreigners who have been found to have the conditions required in the second paragraph of Article 20 of the Regulation should continue to carry these conditions during the period stipulated in the regulation, and the determination of this issue shall be made by the competent Ministry/institution. In case it is determined that the condition of not selling the property for three years stipulated in the regulation has not been fulfilled, this situation shall be notified to the Ministry/institution General Directorate. The Turkish citizenship of this person is cancelled by the Directorate General.
Finally, there is no arrangement that the price to be paid for sale should come from abroad. Therefore, the related amount can be paid from a bank in the country.
Please contact us to arrange a meeting with a legal representive.
Written by Associate Nilgün Solak for YellAli
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