Can I obtain Turkish citizenship through creating employment?
Yes, Turkish law and regulations make it possible for foreigners to obtain Turkish citizenship through creating employment in other words through hiring Turkish real persons. A foreigner who meets any of the conditions stated within Article 20(2) of the Regulation on the Implementation of the Turkish Citizenship Law can acquire Turkish citizenship through a presidential decree under scope of Article 12(1)(b) of the Turkish Citizenship Law. One of these conditions, the employment condition, is listed in Article 20(2)(c) of the Regulation. Accordingly, a foreigner who hired at least 50 Turkish real persons, as determined by the Ministry of Labor and Social Security, can acquire Turkish citizenship upon application. Under Article 12 of the Turkish Citizenship Law, foreigners who have a residence permit pursuant to Article 31(1)(j) of the Law on Foreigners and International Protection No. 6458 and dated 4/4/2013, and their foreign spouses, can acquire Turkish citizenship through a presidential decree, provided that they do not pose a threat to national security and public order.
Therefore, when both articles are interpreted together, it is concluded that three basic requirements must be met in order to acquire Turkish citizenship through creating employment as an investment type. These are making one of the investments with the type specified in the Regulation (Article 20/2-c) and obtaining the eligibility certificate from the institution responsible for monitoring the relevant investment; and applying to the relevant authority (the Provincial Directorate of Immigration Administration where the foreigner resides or the Private Joint Offices operating in Istanbul or Ankara) for citizenship; and having obtained a short-term residence permit pursuant to Article 31/1-j of the Law on Foreigners and International Protection No. 6458.
According to Article 31/1-j of the Law on Foreigners and International Protection, foreigners who will make an investment in Turkey in a scope and amount to be determined by the Presidency and their spouses, as well as their non-adult and dependent foreign children, who are not working in Turkey, can be granted a short-term residence permit.
What are the conditions for acquiring Turkish citizenship through creating employment?
In order to obtain Turkish citizenship through creating employment, it is required to create employment for at least 50 real person and apply to the Ministry of Family, Labor and Social Services with the necessary documents to obtain an eligibility certificate. In eligibility certificate applications, it is required that at least 50 Turkish citizens have been employed uninterruptedly for at least 6 months retroactively from the date of application and that the said employment is maintained for at least 2 years as a condition. If the foreign natural person who will apply for Turkish citizenship through creating employment is the owner or partner of a company, the existence of the company and, if the foreign natural person is a partner of the company, the partnership in the company and the partnership share must have been maintained for 1 year before the citizenship application. In additional to these conditions, it is also recommended that the applicant foreign real person has fulfilled their financial obligations for the company they own or are a partner in, such as capital commitment debt. The Ministry will evaluate whether the capital share and percentage in the company or companies owned or partnered by the applicant are at a sufficient level or not.
One of the key conditions for obtaining Turkish citizenship through creating employment is the share ratio, although it is not stated how much the minimum share ratio should be, and it is not clear which criteria will be used to evaluate whether the share ratio is sufficient, which can negatively affect many applications. To prevent this, it is necessary for the partner to have an employer status regardless of the share ratio. In its decision of 2003/9-208 E., 2003/303 K., dated April 16, 2003, the General Assembly of the Supreme Court clearly stated that, “A limited company partner is generally considered as a self-employed person and is not considered as an employee. It is not possible for a person to be both a partner of a profit-making company and to be considered as an employee of this company.” For acceptance of the employment of the company partner as an employee, firstly, the dependency element must be examined. The person who works under the authority of the employer and is obliged to work according to his orders and instructions and who is employed by an employment contract should be considered as an employee, not an employer. On the other hand, a limited company partner who is not a manager and a joint stock company partner who does not sit on the board of directors and has a symbolic and non-influential share in the decisions can be considered as an employee. Therefore, before applying for Turkish citizenship through creating employment, it is recommended to follow our suggestions in line with the decisions of the Supreme Courts, regardless of the ratio of partners’ share.
- It is recommended that the partner holds a position in the management and representation organ, and has the title of manager or director.
- It is recommended that the partner is a founder and dominant shareholder, has the authority to represent and bind the company as a member of the board of directors with signature authority,.
- It is recommended that the partner does not have a symbolic or nominal share in the company.
- It is recommended that the partner has a shareholding that affects the companies’ decision-making mechanisms.
- It is recommended that the partner is not employed under an employment contract with instructions and orders, and that their economic and sociological status is above that of the employees.
- It should be understood that the partners’ purpose is to earn profit for commercial purposes, and goal for serving under an employment relationship and taking salary shall not exist or be dominant.
How to obtain a certificate of eligibility for Turkish citizenship through creating employment?
Foreign individuals who claim to have created at least 50 jobs and who apply for a certificate of eligibility must submit the required documents for the application in writing to the Ministry of Labor and Social Security. The applications are evaluated by the International Labor General Directorate of the Ministry of Labor and Social Security. If an application is made with incomplete information and/or lacking documents, the applicant is given a period of 30 days to complete the missing parts, and if the deficiency is not remedied within the specified period, the application is rejected. The results of the applications regarding foreigners who have been found to meet the necessary conditions are notified to the applicant together with the Ministry of Interior.
The necessary documents for the application to obtain a certificate of eligibility, which are published by the International Labor General Directorate of the Ministry of Labor and Social Security, are as follows:
• Application letter signed by the foreign individual applicant
• Signature declaration obtained from a notary for the applicant
• Completed Employment Information Form
• Copy of passport pages containing identity information, and Turkish translation
• 4 biometric photographs
• Trade Registry Gazette records and current date Trade Registry Certificate indicating the partnership and share capital of the company or companies with at least 50 Turkish citizen employees in total.
• List of employees who are insured by the Social Security Institution working in the workplace(s) where the foreign individual is the owner or partner, taken from the Social Security Institution system, and dated
• Current date document obtained from the Revenue Administration showing the tax debt situation of the workplace(s) where the foreign individual is the owner or partner
• Current date document obtained from the Social Security Institution system showing the social security premium debt situation of the workplace(s) where the foreign individual is the owner or partner
• Written statement on whether administrative fines have been imposed on the Company in the last six months in administrative audits conducted by public institutions, and if a fine has been imposed, the relevant documents must be attached.
Foreigners who meet the eligibility criteria must apply for a short-term residence permit in the second stage. As we mentioned above, the second requirement for obtaining Turkish citizenship through investment is to have obtained a short-term residence permit in accordance with Article 31/1-j of the Law on Foreigners and International Protection No. 6458. The conditions for obtaining a short-term residence permit are clearly regulated in Article 32 of the same Law. Therefore, in order for a foreigner to be granted a short-term residence permit, he/she must claim that the reason mentioned in Article 31/1-j of the same law exists and submit the relevant information and documents (such as the eligibility certificate); provide address information in where he/she will reside in; shall meet the accommodation requirements in accordance with general health and public security standards; and lastly if requested by Turkish government as an additional document, to present the criminal record issued by the authorized legal entity based in his/her country.
How to apply for a residence permit for acquiring Turkish citizenship through creating employment?
Residence permit applications are made online though the website of the Directorate General of Migration Management. Once the application is received, a residence permit application document is given to the applicant, which allows them to legally stay in Turkey for 90 days from the application date. Along with documents proving the reason for the residence permit, such as health insurance, biometric photograph, residence permit application form, translated and notarized passport, and some documents demonstrating sufficient financial means during the residence permit period shall be presented. You can find a list of the documents required for a residence permit application through our web page ( https://mescilaw.com/tr/uluslararasi-yabanci-yatirim-hukuku/ ). After obtaining an appointment and signing the printed form, the other necessary documents for obtaining the residence permit must be sent to the Provincial Directorate of Migration Management, and the applicant must be physically present during the physical application process.
How to apply for Turkish citizenship through creating employment?
The application form, required documents for the application, application authority and procedure for Turkish citizenship acquisition are explained on the web page of the General Directorate of Population and Citizenship Affairs. The relevant application for citizenship acquisition should be made to the governorate (Provincial Population and Citizenship Directorate) where the applicant resides in Turkey, or through a representative who is specially authorized for this purpose, if the person is abroad. Applications made by post are not accepted. The documents submitted by foreigners who want to acquire Turkish citizenship must be translated into Turkish and notarized. The following documents are required for citizenship application:
- Completed application form VAT-4 signed by the applicant or the representative,
- Two biometric photographs that are 50×60 mm in size, taken on a white background and are ICAO compliant,
- Passport or similar document showing the persons’ nationality, or if stateless, a document proving this if available,
- Civil status certificate and marriage certificate if married, divorce certificate if divorced, death certificate of spouse if widowed,
- Birth certificate or population registration copy showing the persons’ identity information, and a similar document showing the family ties of the spouse and children if married,
- If the persons date of birth is not known, a document from the authorized authorities of the persons’ country for completing the birth date, or if the document cannot be obtained, a signed declaration that they accept processing in accordance with Article 39 of the Population Services Law No. 5490.
- Documents showing the investment made.
- Receipt showing that the service fee has been paid to the Treasury. (The citizenship application services fee, which will be paid separately for each individual whose application is filed, is 15,00 TL per person and will be paid to the Accounting Department of the Provincial Treasury or the Property Department of the District Governorship.)
Turkish Citizenship Lawyers
Mesci law firm is a globally recognized Turkish law firm that specializes in providing legal services to individuals and businesses with Turkish citizenship, residence permit, work permit, bank account opening, obtaining tax ID number, opening a company in Turkey, setting up a business in Turkey and purchase of property in Turkey. The firm is committed to providing its clients with high-quality legal services and has earned a reputation as a leading law firm in Turkey. One of the primary areas of expertise for Mesci Law Firm is Turkish citizenship and immigration law. The firm has a team of highly experienced Turkish citizenship lawyers who have in depth knowledge of the Turkish citizenship law and can provide their clients with comprehensive legal advice on all matters related to citizenship. The Turkish immigration law provides for different types of citizenship, including citizenship by birth, citizenship by descent, citizenship by marriage, and citizenship by investment. Mesci law firm can assist clients with any of these types of citizenship applications and guide them through the process of obtaining Turkish citizenship. The firm is known to be collaboration with other law firms, agencies and individual Turkish citizenship lawyers specialized in acquisition of Turkish citizenship and immigration. The firm also places a strong emphasis on client communication and keeps clients informed throughout the legal process. Clients can expect to receive regular updates on the status on their case and can easily reach out to the firms Turkish citizenship lawyers if they have any questions or concerns. If you are willing to work with Mesci Law Firm for obtaining Turkish citizenship, please reach us through our contact page.