Thanks to the investor citizenship programs that we frequently encounter in recent years, many countries aim to attract new investors, contribute to employment and achieve economic value. On the other hand, investors can benefit from residence in a different country, taking a passport and visa-free travel with that country passport.
Recognition of the right to citizenship to foreigners through investment is not a new issue for our country. Pursuant to paragraph (d) of Article 7 of the Turkish Citizenship Act No. 403 of 11.02.1964; The right to acquire citizenship of a proposed way will pass anyone to exceptional or extraordinary service history of service in social and economic fields by establishing industrial facilities in Turkey was recognized. This regulation was also included in the sub-clause (a) of Article 12 (1) of the Turkish Citizenship Law no. 5901 which is in force. However, these laws do not provide clear limits on nature, content and minimum amount of such investments.
In order to overcome the deficiency in this matter, by the Turkish Grand National Assembly;
- Sub-clause of (b) is added to Article 27 of the International Labour Force Act No. 6735 on 28.07.2016 and article 12 of the Turkish Citizenship Law no. 5901. According to the 1st paragraph of sub-clause (j) of Article 31 of The Law on Foreigners and International Protection no. 6458 dated on 4/4/2013, foreigners and their families with residence permits and Turkuaz Cardholders are covered by those who can benefit from this right.
Following this legal regulation;- With the amendment made by the council of ministers decision no. 2016/9601 in the Article 20 of the “Regulation on the Implementation of Turkish Citizenship Law” which entered into force on the date of 2010, by the council of ministers decision no 2010/139, Clear and concrete arrangements have been made for the first time in terms of the nature, content and amount of the investments to be made by foreigners who will invest in our country in order to gain citizenship rights through exceptional means.
In accordance with the Regulation Amended in the Official Gazette dated January 12, 2017;
a) A fixed capital investment of at least US $ 2,000,000 which is detected by the Ministry of Economy,
b) Purchase of at least USD 1,000,000 of immovable property with the condition that for three years have not been sold which is detected by the Ministry of Environment and Urbanization,
c) Creating employment for at least 100 people which are detected by the Ministry of Labour and Social Security,
d) Holding at least 3,000,000 US dollars for three years in Turkish Banks which is detected by the Banking Regulation and Supervision Agency,
e) To purchase at least USD 3.000.000 of government debt instruments for a period of three years which is detected by the Undersecretariat of Treasury,
f) To obtain a real estate investment fund participation share or venture capital investment fund participation share amounting to USD 1.500.000 and keep it in the hands with a period of three years which is detected by the Capital Markets Board (Annex: 13/3 / 2017-2017 / 10008 BK Decision),
Foreign investors are granted the opportunity to acquire Turkish citizenship in exceptional ways within the framework of Article 12 of the Turkish Citizenship Law No. 5901.
Such investment types and minimum investment amounts have been replaced by Article 1 of President Resolution 106 published in the Official Gazette No 30540 dated 19.9.2018. With this change made previously;
a) The fixed capital investment of at least US $ 2,000,000 is US $ 500,000,
b) The purchase of immovable property of at least USD 1,000,000 is the US $ 250,000,
c) Number of persons identified as employment of at least 100 people is 50 people,
d) The deposit amount of USD 3,000,000 is determined as USD 500,000,
e) The amount of government debt instruments of at least USD 3,000,000 is USD 500,000,
f) Real estate investment participation fund or venture capital investment fund amount of USD 1.500.000 is determined as USD 500.000.
With the above updates, it is aimed to make the investments to be made from abroad by these methods more attractive. In accordance with the same amendment, some changes have been made in the Ministry and public institutions.
One of the most important points to be highlighted here is the increasing spread of the perception that a foreigner who invests in one of the six different types of investment specified in Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law will acquire Turkish citizenship directly or automatically. This situation does not reflect the reality. Investments to be made in the mentioned types of investment and minimum amounts are the first step of the ladder.
In the electronic document titled “ Application for foreign investors/citizenship process steps” published by the Ministry of Interior, General Directorate of Population and Citizenship Affairs, the process is clearly and clearly summarized. According to this;
1) For the different types of investment to be made, a Certificate of Conformity shall be provided from the relevant ministry or public institution, as defined in Article 20 of the TVKUİY. For example, a Certificate of Conformity should be received by contacting the General Directorate of Land Registry and Cadaster of the Ministry of Environment and Urbanization to document the purchase of the immovable property, which is worth at least US $ 250.000 and has not been sold for three years.
2) After obtaining the Certificate of Conformity, the Ministry of Interior Provincial Directorate of Migration Management should be consulted and a short term residence permit should be obtained in accordance with the paragraph (j) of Article 31 of the Law on Foreigners and International Protection No. 6458. In Article 32 of the Law, the requirements of the short term residence permit are counted as follows;
a) to make a claim by submitting one or more of the grounds listed in the first paragraph of Article 31 and to submit information and documents related to this request,
b) not to be covered by Article 7,
c) To have housing conditions in accordance with general health and safety standards,
d) f requested, to provide the document indicating the judicial record which is issued by the competent authorities of the country in which he/she is a citizen or legal resident,
e) give the address information will remain in Turkey.
f) Therefore, foreign investors who wish to gain Turkish citizenship in exceptional ways should have the conditions stated in the mentioned Law.
3) After obtaining the short-term residence permit, the Directorate General of Population and Citizenship Affairs of the Ministry of Interior or the Provincial Directorate of Citizenship and Citizenship shall be applied directly for the citizenship procedures. The mentioned application documents are determined as follows in TVKUİY 20 article:
a) Request petition form.
b) A document showing the state of the person in which a passport or similar document is available if it is stateless.
c) Certificate of civil status and marriage certificate if married, divorce document if divorced, the widow's death certificate if he/she is the widow.
d) A certificate of birth, such as a birth certificate or population record showing the identity of the person;
e) A sample of the population taken from the system by the application authorities of these persons if they have first or second-degree relatives of a Turkish citizen.
f) If the person does not have a month and day of birth, a document issued by the competent authorities of his country for the completion of his date of birth or in case that this document cannot be taken, the signed declaration of acceptance of the transaction pursuant to Article 39 of the Law on Population Services.
g) A receipt showing that the service fee has been deposited in the Ministry of Finance.
h) If there is no deficiency in the file submitted to the relevant authority, the application file is sent to the relevant security institutions for the applicants to determine whether there is an obstacle in terms of national security and public order.
4) When the results of the archive screening are positive and the foreigners who apply by the Ministry of Interior have no objection to the Turkish Citizenship to win the right, the related file is transferred to the Presidency for the final decision. Upon the decision made by the President to win Turkish citizenship, the applicant shall acquire Turkish citizenship.
Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law provides six different types of investment, but we think that it will be useful to examine the issue of the application of Turkish citizenship through the acquisition of real estate through the acquisition, which is the most preferred method by the foreigners as well as the most well-known. We will try to consider this in detail in our next article.
Related Legislation:
1. Turkish Citizenship Law no. 5901 dated 29.05.2009
2. Regulation on the Implementation of the Turkish Citizenship Law, which entered into force on 6.4.2010 with the Council of Ministers Decision no 2010/139
3. Law No. 6458 on Foreigners and International Protection
4. International Labor Law No. 6735 dated 28.07.2016
You can reach the updated formations of these laws and regulations from this website: http://www.mevzuat.gov.tr/, the original versions of the related materials and text can be reached in the archive of this website: http://www.resmigazete.gov.tr/default.asp.
