CITIZENSHIP, EMIGRATION AND IMMIGRATION LAW
If you are willing to acquire Turkish citizenship through investment, this article our immigration lawyers in Turkey prepared is just for you. Under this article, we will be briefly explaining to our client candidates ways to obtain Turkish citizenship through exceptional means. Nationality Law can be defined generally as a legal discipline that covers and examines various legal procedures regarding transfer, loss and acquisition of nationality and citizenship.
Rules regarding acquisition of Turkish Citizenship are regulated mainly under 5901 numbered Turkish Citizenship Code. Every foreigner who is willing to become a Turkish citizen shall be legally major and have mental competence, shall reside in Turkey for five years prior to the application, shall constitute no threat to the public health, shall have good moral character, shall adequate command of the Turkish language, shall have sufficient funds to take care of his or her own livelihood and that of any dependents, shall confirm with his or her actions that he/she has decided to settle in Turkey and shall constitute no threat to national security or public order. In other words foreigners willing to be a Turkish citizen shall fulfill the conditions required under relevant law. Foreigners applied to acquire Turkish citizenship are permitted to stay outside of Turkey within the five year residence period sought for the application, provided that it does not exceed a total period of 12 months. Time spent outside of Turkey are evaluated within the residence period stipulated in the Law.
Pursuant to the Turkish Citizenship Code, it is also possible to obtain Turkish citizenship through marriage and adoption. We would like to state that Turkish citizenship shall not automatically be acquired by marriage with a Turkish citizen. Aliens who have been married with a Turkish citizens at least for 3 years and whose marriage still continues can apply for the acquisition of Turkish citizenship if they are meeting the requirements stated under Law.
It is also possible to acquire Turkish citizenship through exceptional means. These exceptional states are regulated under Article 12 of 5901 numbered code. Persons who have brought industrial plants into Turkey or have rendered or are being considered to render in future outstanding services in the scientific, technological, economic, social, sporting, cultural and artistic fields and about whom a reasoned offer has been made by the ministries relevant; foreigners obtained residence permit pursuant to 1/j paragraph of Article 31 of the Law on Foreigners and International Protection numbered 6458 and their spouses and dependent children; persons whose naturalization has been considered necessary; persons who have been recognized as immigrants under 5543 numbered Settlement Law, can acquire Turkish citizenship by decision of the Council of Ministers acting on a proposal from the Ministry.
According to the Law on Foreigners and International Protection Code numbered 6458, Article 31/1-j, short-term residence permits can be granted to those who do not work in Turkey but will make investments within the scope and amount to be determined by the President. And as stated in the previous paragraph, these foreigner investors that obtained residence permit, their spouses and dependent children can acquire Turkish citizenship as per Article 12 of 5901 numbered Code. Foreigners who make an investment in Turkey within the scope and amounts determined by the President can acquire Turkish citizenship exceptionally. Cases in which Turkish citizenship can be acquired exceptionally through investment as per 13 May 2022 dated and 5554 numbered Presidential Decree, Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law Numbered 5901 has been amended as follows:
- Foreigners who make a fixed capital investment amounting USD 500.000 or equivalent foreign currency or Turkish Liras to a legal entity that is determined by the Ministry of Industry and Technology (Article 20/2-a),
- Foreigners who purchase a real estate property with a minimum value of USD 400.000 or equivalent foreign currency or equivalent amount of Turkish Liras with a title deed restriction on its resale for at least 3 years, that is determined by the Ministry of Environment and Urbanization (Article 20/2-b),
- Foreigners who generate employment for at least 50 real persons that is determined by the Ministry of Family, Labor and Urbanization (Article 20/2-c),
- Foreigners who deposit a minimum of USD 500.000 or equivalent foreign currency or Turkish Lira in banks operating in Turkey with the condition not to withdraw the same amount for at least three years, that is determined by the Banking Regulation and Supervision Agency (Article 20/2-ç),
- Foreigners who invest in treasury bonds or any type of government loan instruments in the amount of USD 500,000 or its’ equivalent value in Turkish Lira or in foreign currency and holds them for 3 years, under the supervision of the Ministry of Treasury and Finance (Article 20/2-d),
- Foreigners who purchase real estate participation fund share and capital investment trusts fund share with a minimum value of USD 500.000 or equivalent amount of foreign currency or Turkish Lira on the condition to keep those in reserve for at least 3 years that is determined by the Capital Markets Board of Turkey (Article/20-e),
- Foreignors who invest at least USD 500,000 or equivalent in foreign currency in the private pension system, provided that they keep their contribution in the funds determined by the Institution and Private Pensions Regulation and Supervision Agency on the condition to keep those in the system reserved for at least 3 years that is determined by the Insurance and Private Pensions Regulation and Supervision Agency (Article/20-f)
may be eligible for Turkish citizenship through investment. In this context, foreigners who are willing to acquire Turkish citizenship through investment are required to obtain a certificate of conformity certifying that their investments meets the conditions specified in the Law. Institutions where the foreigner will obtain a certificate of conformity differ according to the type of investment to be made. In addition, it is obligatory for foreigners who will stay in Turkey for more than 90 days or the period granted by the visa or visa exemption, to obtain a residence permit. It will be sufficient for foreign investors who will apply for Turkish citizenship to obtain a short-term residence permit. Procedural steps to be followed for the Turkish citizenship application following acquiziton of the short-term residence permit vary depending on the type of citizenship application you will make. In this respect, depending on the type of citizenship application you will make in Turkey, it will be useful for you to obtain information about the complex process and required documents from MESCI Law Firm’s immigration lawyers in Turkey.
Citizenship applications shall be made to Provincial Immigration Administrations for the cities Istanbul and Ankara. After the citizenship application is made, the information regarding the relevant citizenship application and the status of the citizenship application are shared with the applicant via the link https://vatan.nvi.gov.tr/moduller/basvuru/basvurudurumbilgi.aspx by the General Directorate of Population and Citizenship Affairs. Our lawyers who are specially assigned to handle and follow up your citizenship application, also frequently check the status of the application and inform you. Following the approval of the application, if the family is in Turkey, an application should be made to the General Directorate of Population and Citizenship Affairs and if the family is not in Turkey, an application should be made to Turkish Consulate General in order to obtain and receive a Turkish Identity Card and passport.
MESCI Law Firm, with her team consisting of professional lawyers specialized in Turkish citizenship, residence and work permits determines the most suitable application types for her clients, informs her client about the application process in details, carries out the Turkish citizenship application processes and reports every step to their clients. The legal procedure for acquiring Turkish citizenship is quite complex. In particular, the acquisition of Turkish citizenship through investment is often intertwined with real estate purchase and sale, tax exemptions and obligations, company establishment and employment. Our team of experts specially formed for acquiring Turkish citizenship consists of English speaking attorneys who have years of experience in opening bank accounts for foreigners and legal entities, real estate purchase and sale procedures, tax law and company establishment so any problems that may occur during the application are being minimized, a unique pathway is being drawn for clients as per case and strategic movements are planned and brought forward.
Immigration lawyers in Turkey of our law firm are also specialized in following the legal process regarding deport decisions issued by the General Directorate of Immigration Management or the relevant governorships, obtaining annotated visa, and appealing the deport decision in order to cancel the administrative action. At this point, we would like to emphasize that there is a 7 day period of deprivation in order to file this administrative case, which actually is an objection to the deport decision. In other words, a lawsuit regarding cancellation of the administrative act must be filed within 7 days from the notification of the deport decision to the foreigner. As a result of the lawsuit being filed within the time limit, foreigner cannot be deported and can continue to stay in Turkey. Please don’t hesitate to contact us if you are willing to obtain Turkish citizenship.