Citizenship Law

Citizenship Law

Citizenship law, nationality and citizenship and their acquisition, transmission and loss. law is a branch.

In the constitutional recognition, “Everyone who is bound to the Turkish State by the bond of citizenship is a Turk. The child of a Turkish father or a Turkish mother is a Turk. Citizenship is acquired in accordance with the conditions laid down by law and is lost only in cases specified in the law.” (Article 66 of the 1982 Constitution). The 1982 Constitution, as in the 1924 and 1961 Constitutions, defines citizenship as a legal bond between the state and the individual.

Within this framework, the Turkish Citizenship Law No. 5901 dated 25.09.2009 was published in the official gazette and entered into force in accordance with the Constitutional regulation in order to determine the procedures and principles regarding the execution of the works and procedures regarding the acquisition and loss of Turkish citizenship, and in accordance with this basic regulation, the Regulation on the Implementation of the Turkish Citizenship Law dated 11.02.2010 on the implementation of this Law was published and entered into force.

According to the systematics of the Law, the acquisition of citizenship is divided into two groups: acquisition by birth and acquisition after birth. Acquisition by birth is also divided into two as acquisition by descent and acquisition on the basis of place of birth.

It is seen that the acquisition of citizenship afterwards is grouped under the main headings of acquisition by decision of the competent authority, exceptional acquisition of citizenship, re-acquisition of Turkish citizenship, acquisition of citizenship through marriage, acquisition of citizenship through adoption and acquisition of Turkish citizenship through the exercise of the right to vote.

The subject to be examined here will be the exceptional acquisition of Turkish citizenship through investment, which is a type of acquisition of citizenship that has been much discussed and debated in recent days. Today, many countries have been regulating the acquisition of citizenship in this way in their laws in recent years, especially for the purposes of encouraging foreign investment, providing an advanced labor force and economic development.

When the legal legislation on the subject is examined, the acquisition of citizenship through the exceptional means specified in the Turkish Citizenship Law, which is the basic norm, has been regulated, and according to Article 12, those who do not constitute an obstacle in terms of national security and public order;

a) Persons who have brought industrial facilities to Turkey or who have rendered or are expected to render extraordinary services in scientific, technological, economic, social, sportive, cultural, artistic fields and for whom a reasoned proposal is made by the relevant ministries.
b) Foreigners who have a residence permit pursuant to subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection, and foreigners holding Turquoise Cards and their foreign spouses, their and their spouses' minor or dependent foreign children.
c) Persons deemed necessary to be naturalized.
d) Persons recognized as migrants.

With the amendments made by the Presidential Decree No. 418 published in the Official Gazette dated 7.12.2018, foreigners will be able to acquire Turkish citizenship if they meet one of the following conditions:

a) It has been determined by the Ministry of Industry and Technology that it has realized a fixed capital investment of at least 500,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira,
b) It has been determined by the Ministry of Environment and Urbanization that it has purchased immovable property amounting to at least 250,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira on the condition that it is annotated not to be sold for three years in the land registry records, or that the notarized contract stating that the sale of the immovable property in which condominium or condominium easement has been established and at least 250,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira amount has been deposited in advance has been annotated in the land registry with the commitment that it will not be transferred and abandoned for three years,
c) Determined by the Ministry of Family, Labor and Social Services to create employment for at least 50 people,
ç) It has been determined by the Banking Regulation and Supervision Agency that it has deposited at least USD 500,000 or its equivalent in foreign currency or Turkish Lira in banks operating in Turkey, provided that it has been kept for three years,
d) It is determined by the Ministry of Treasury and Finance that it has purchased Government debt instruments amounting to at least USD 500,000 or its equivalent in foreign currency or its equivalent in Turkish Lira, provided that it holds such instruments for three years.
e) It is determined by the Capital Markets Board that the Capital Markets Board has purchased real estate investment fund participation shares or venture capital investment fund participation shares amounting to at least USD 500,000 or its equivalent in foreign currency or its equivalent in Turkish Lira, provided that it has held for at least three years.

Upon the written instruction of the Ministry, a file consisting of the following documents shall be prepared by the application authorities for the foreigner who wishes to acquire Turkish citizenship exceptionally:
a) Form petition stating the request.
b) A passport or similar document showing the state of citizenship of the person, or if stateless, a relevant document if it is possible to obtain one.
c) Civil status certificate and marriage certificate if married, divorce certificate if divorced, death certificate of the spouse if widowed.
ç) A document such as a birth certificate or a copy of the population register showing the identity information of the person and, if married, a copy of the population register or a similar document proving the family ties of the spouse and children.
d) If they have first or second degree relatives who are Turkish citizens, a copy of the population record taken from the system by the application authorities.
e) If the month and day of the person's date of birth are not available, a document obtained from the competent authorities of the country to complete the date of birth, or if the document cannot be obtained, a signed statement that the person agrees to be processed in accordance with Article 39 of the Population Services Law No. 5490.
f) Receipt showing that the service fee has been deposited to the Finance cashier.

The completed file shall be sent to the Ministry for a decision. The applications of persons to be naturalized according to subparagraphs (b) and (c) of the first paragraph of Article 12 of the Law shall be received by the Ministry when deemed necessary and a file consisting of the documents specified in the third paragraph shall be prepared. In determining the monetary values specified in the second paragraph, the effective selling rate of the Central Bank of the Republic of Turkey on the date of determination and/or the cross exchange rate shall be taken as basis. A commission consisting of representatives of the Ministry of Family, Labor and Social Services, the Ministry of Environment and Urbanization, the Ministry of Treasury and Finance, the Ministry of Industry and Technology, the Ministry of Family, Labor and Social Services, the Ministry of Environment and Urbanization, the Ministry of Treasury and Finance may be established within the Ministry of Interior in order to follow up the process related to the applications to be made within the scope of the second paragraph. Transitivity is possible between the types of investments to be made within the scope of the second paragraph in order to complete the specified period.

Obtaining a Short-Term Residence Permit
▪ Valid visa or a period of exemption that has not expired after the date of entry of the foreigner on the date of application
▪ Valid passport (valid for the duration of the residence permit applied for) and notarized Turkish translation
▪ Four (4) passport size photos
▪ Private health insurance [This health insurance must be obtained in Turkey and the duration of the policy must cover the duration of the residence permit applied for].
The cost of private health insurance varies, including taxes and charges, depending on the age, health, etc. of the foreign investor.
▪ Address information [During the online application, the foreigner's residence address in Turkey is requested. A hotel address declaration may be sufficient for the initial application, but the foreigner may also submit a notarized rental agreement (if available) or a business address. Address information is important as the residence permit card will be delivered to the address provided by the foreigner].
▪ Certificate of conformity according to the investment made
▪ Receipt of payment of the fee and card fee (The fee and card fee varies according to the nationality of the foreigner)
▪ Special Power of Attorney (optional) - issued to obtain professional assistance in the execution of these procedures. If the foreigner issues a special power of attorney for the execution of the relevant application, the applications can be concluded remotely with the power of attorney without requiring the foreigner to enter Turkey.

Documents Required for Obtaining a Certificate of Conformity:
▪ Valid passport and notarized Turkish translation of the passport
▪ Four (4) color photographs suitable for passport
▪ Official deed or notarized immovable sale promise agreement regarding the sale transaction
▪ Real estate valuation report
▪ A receipt certified by the banks that the price has been deposited by the buyer or related persons into the account of the seller or related persons (receipt with money order, EFT or blocked check).
▪ Putting an annotation on the immovable property in the relevant land registry office that it will not be sold for three (3) years
▪ Applications are evaluated by the Ministry of Environment and Urbanization, General Directorate of Land Registry and Cadastre, Department of Foreign Affairs. Applications that do not have any deficiencies are finalized within seven (7) business days.

The most important issues in terms of the procedure to be carried out for the application procedures for foreigners who meet the conditions specified in the above-mentioned articles of law and regulation for the acquisition of citizenship through the exceptional way of acquiring citizenship through investment are the foreigner's short-term residence permit in accordance with Article 31/1-j of Law No. 6458, the provision of the certificate of conformity required for the investment, and the creation of a citizenship file that meets the conditions specified in the regulation and the application is important for the result to be positive. The applicant whose file is prepared in this way can also make this application for his/her spouse and minor child.