Obtaining Turkish Citizenship Through Property Purchase

Obtaining Turkish Citizenship Through Property Purchase

1. Introduction

Acquiring Turkish citizenship has become an attractive option for many foreign investors, particularly through real estate investment. Yilmaz Attorneys, led by Attorney Mert Veysel Yilmaz, specializes in guiding foreign nationals through this process. In this comprehensive guide, we explain the requirements, procedures, and essential considerations for obtaining Turkish citizenship by property purchase.

2. Regulations

The primary legal frameworks that govern the process of obtaining Turkish citizenship through property purchase include:

• Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law (Turkish Citizenship Regulation)

• Presidential Decree No. 106 issued on September 19, 2018

• Presidential Decree No. 418 issued on December 7, 2018

These legal amendments have significantly reduced the minimum investment amounts required for foreign nationals to qualify for Turkish citizenship through various investment avenues, particularly through property purchase.

3. Criteria for Citizenship by Property Purchase

Under the regulations:

• A foreign investor must purchase one or multiple properties in Türkiye with a total value of at least 400,000 USD (or equivalent in another currency or Turkish Lira).

• The purchased property or properties must have a 3-year sale restriction (annotated on the title deed) stating they cannot be sold or transferred during this period.

• The property (or properties) should either have condominium title deeds or be under construction with a floor easement (kat irtifaki) established.

• There is no limit to the number of properties you can purchase as long as the total investment amount meets the minimum threshold of 400,000 USD. All purchased properties must have a three-year no-sale annotation on their title deeds.

4. Eligible Property Types and Limitations

Types of Properties: Foreign nationals can purchase residential, commercial, land, or farmland properties. However, if they purchase an empty plot of land, they must submit a development plan for the property to the relevant Ministry within two years.

Legal Limitations:

• Foreign nationals from most countries can purchase property in Türkiye without any reciprocity conditions.

• The total area of properties purchased by a foreign national can't exceed 30 hectares nationally.

• Property purchased must not be located in military zones or other restricted areas.

Owner Based Restrictions: Certain restrictions apply to ensure the transparency and legality of the property purchase process for citizenship acquisition:

• Foreign Ownership: The property must not be registered under the names of other foreign individuals.

• Family Transfers: The property must not have been transferred by first-degree relatives (either by blood or marriage) of the buyer, whether they are Turkish or foreign nationals.

• Recent Foreign Ownership: The property must not have been owned by a foreigner and then transferred to a Turkish citizen or company in the last three years (except for properties acquired via contracts).

• Special Citizenship Acquisitions: The property must not be registered to individuals who obtained Turkish citizenship through other investment or exceptional means, excluding property acquisition.

• Related Companies: The property must not be registered to companies in which the buyer or their first-degree relatives are shareholders or managers.

• Single-Use Restriction: A property can only be used once for citizenship acquisition purposes.

Note: Blue Card holders, Northern Cyprus citizens, and dual nationals with Turkish citizenship are not considered foreign nationals under these guidelines.

5. Step-by-Step Procedure for Citizenship by Property Purchase

5.1. Obtain a Property Valuation Report

Before finalizing a property purchase:

• The investor should obtain an SPK (Capital Markets Board) licensed property valuation report, determining the property's market value. This report ensures that the investment meets the minimum threshold of 400,000 USD.

• The valuation report must be less than three (3) months old at the time of the title deed transfer and remain valid through the completion of the process.

5.2. Purchase the Property and Annotate the Title Deed

• The property must be purchased in full, and the payment must be made via bank transfer. Proof of payment (such as bank receipts) must be submitted during the citizenship application.

• A restriction stating that the property cannot be sold or transferred to another person for at least three (3) years must be placed (annotated) on the title deed at the relevant Land Registry Office.

5.3. Apply for a Certificate of Eligibility

After purchasing the property:

• The investor applies to the Land Registry Office to request a Certificate of Eligibility. This certificate confirms that the property purchase meets the criteria specified in the Turkish Citizenship Regulation.

• The Land Registry Office reviews the application and, if all criteria are satisfied, issues the Certificate of Eligibility. This usually takes around seven (7) working days if all documents are complete.

5.4. Obtain Short-Term Residence Permit

With the Certificate of Eligibility:

• The investor must apply for a short-term residence permit under Article 31/1 (j) of the Law on Foreigners and International Protection No. 6458.

• The residence permit application can be submitted online or in person at the Provincial Directorate of Migration Management. Once approved, the permit is usually granted for up to two (2) years and can be extended.

5.5. Apply for Turkish Citizenship

Once the short-term residence permit is obtained:

• The investor applies for Turkish citizenship to the General Directorate of Civil Registration and Citizenship Affairs.

• Required documents include the Certificate of Eligibility, proof of property purchase, valuation reports, residence permit, passport, biometric photographs, and certified translations of all documents.

• The application goes through a three-stage review process involving the relevant ministries and is then sent to the President's Office for the final decision.

6. Required Documents for Citizenship Application

• Title Deed (Tapu) or notarized contract for property purchase

• SPK licensed valuation report of the property

• Bank receipts confirming the transfer of funds used for the property purchase

• Certificate of Eligibility from the Ministry of Environment and Urbanization

• Valid passport and notarized Turkish translation

• Four (4) biometric passport photos

• Proof of residence permit application or existing permit

• Marital status document and birth certificates (if applicable)

• Power of Attorney (if the application is submitted by a lawyer on behalf of the investor)

7. Processing Time

• The short-term residence permit application typically takes about four to eight (4-8) weeks.

• The Turkish citizenship application process generally takes 6-8 months.

8. Benefits of Obtaining Turkish Citizenship by Property Investment

• Visa-Free Travel: Turkish citizens enjoy visa-free or visa-on-arrival travel to over 110 countries, including Japan and Singapore.

• Dual Citizenship: Türkiye allows dual citizenship, so investors don't need to renounce their original citizenship.

• Education and Healthcare: Access to free healthcare and education in Türkiye for the investor and their family.

• Permanent Residency: Once citizenship is acquired, there is no need for a residence permit.

• No Minimum Stay Requirement: The investor isn't required to reside in Türkiye before or after obtaining citizenship.

9. Important Considerations

• Ensure that the property purchased is compliant with the conditions set out in the regulations to avoid legal issues.

• Due Diligence: Perform thorough due diligence before purchasing a property to confirm it meets all the necessary criteria and to mitigate any potential risks.

• Legal Representation: Hiring an experienced English-speaking lawyer in Antalya is highly recommended to ensure a smooth process and handle all legal complexities.

• Estate Inheritance: Once the investor obtains Turkish citizenship, their property and estate in Türkiye will be subject to Turkish inheritance laws.

• Family Eligibility: When one family member qualifies for Turkish citizenship through investment, the applicant's spouse and children under the age of 18 also automatically become eligible for citizenship.

• Military Service: Those who have already completed their military service in their previous country of citizenship or who are 22 years or older at the time of acquiring Turkish citizenship are exempt from military service in Türkiye.

10. Recommendations and Key Terms

• Avoid Unfinished Properties: We recommend being cautious with unfinished properties, especially those sold by contractors who are not the landowners. There could be ongoing conflicts between landowners and contractors, and lawsuits can have retroactive effects that might interfere with your ownership rights.

• Land Status: Be wary of lands without proper zoning (Imar) or occupancy permits (Iskan), as well as lands designated as agricultural or forestry areas, as they may come with usage restrictions or legal complications.

• Yapi Kayit Belgesi Validity: If a property has a Yapi Kayit Belgesi, ensure the building's registration is legitimate. Properties built without a legal permit might face issues in the future, even if they currently have this certificate.

• Title Deed Color: Understanding whether a property has a pink or blue title deed is crucial. A pink title deed indicates recognized independent units, while a blue title deed may require further legal processes to obtain full ownership rights of independent units.

Understanding these key terms will help foreign investors navigate the property purchase process more effectively:

• Imar (Zoning Plan): This refers to the land's zoning status. It outlines how the land can be used -- whether for residential, commercial, or other purposes -- and specifies building permissions and restrictions.

• Iskan (Occupancy Permit): An official document certifying that a building has been constructed according to approved plans and building regulations. It confirms that the property is fit for occupancy.

• Yapi Kayit Belgesi (Building Registration Certificate): A certificate issued for buildings constructed without proper permits but later registered during a governmental amnesty. It provides legal recognition to such properties. While it's acceptable to buy properties with a Yapi Kayit Belgesi, due diligence is necessary to ensure the document's legitimacy and eligibility.

• Pink Tapu (Pink Title Deed): A pink-colored title deed signifies that the property's construction plans have been approved after obtaining a building license. It indicates that the independent units within the building are recognized and that ownership shares are clearly defined.

• Mavi Tapu (Blue Title Deed): A blue-colored title deed represents a land deed that has not transitioned to full property ownership (Kat Mulkiyeti). It usually indicates that the property is still considered land rather than individual units.

11. Conclusion

Obtaining Turkish citizenship through property purchase is a popular route for foreign investors due to the country's economic opportunities and vibrant lifestyle. While the process is straightforward, it requires meticulous compliance with regulations and accurate submission of required documentation. The experienced team at Yilmaz Attorneys can guide you every step of the way, ensuring your application is handled efficiently and with the utmost care.

For personalized assistance or more detailed advice on your eligibility and application process, please contact Attorney Mert Veysel Yilmaz at Yilmaz Attorneys.