Citizenship and Immigration Law

Citizenship and immigration law is a branch of law that regulates how to gain and lose citizenship, proof of citizenship and the rights of immigrants. Every state has the right to decide in full freedom to whom it will grant or deprive of citizenship in accordance with its authority. In accordance with the citizenship law, citizenship can be acquired by birth or acquired later. Istanbul Citizenship Lawyer provides full support to its clients in this matter. Istanbul Citizenship Lawyer provides support in all matters in order to acquire citizenship for its clients. Turkish Citizenship can be acquired at birth or later.

 

1- Acquisition of Turkish Citizenship by Birth

According to the Turkish Citizenship Law, the main way to acquire Turkish citizenship is by birth. Citizenship acquired by birth is based on paternity. In other words, a child from a Turkish citizen mother or father acquires Turkish citizenship at birth. Citizenship acquired by birth takes effect from the moment of birth.

By being born only from a Turkish mother or father, without the will or permission of any other person or institution, including himself, he earns legally and spontaneously by being born only from a Turkish citizen.

In the case of acquisition of citizenship by lineage based on blood, regardless of the place of birth, the person automatically acquires the citizenship they have, depending on their parents, just by being born from those people.

According to the Turkish Citizenship Law, a child born in or out of Turkey from a Turkish citizen mother or father is a Turkish citizen. In other words, in terms of children born within marriage, even if only one of the parents is a Turkish citizen, it is sufficient for the born child to acquire citizenship. Place of birth is not important.

A child born out of wedlock to a Turkish citizen mother and a foreign father is a Turkish citizen.

In order for a child born to a foreign mother outside of marriage to acquire the citizenship of a Turkish father, first of all, the paternity bond between the child and the father must be established. After establishing a paternity relationship between the child from a foreign mother outside of marriage and his Turkish father, the child will be able to acquire Turkish citizenship, which is his father’s citizenship, from the moment of birth.

Istanbul Citizenship Lawyer provides full support to its Clients regarding the acquisition of citizenship by birth and provides information on every subject.

 

2- Acquisition of Turkish Citizenship by Place of Birth

A child born in Turkey who cannot acquire citizenship of any country by birth due to foreign parents is a Turkish citizen from birth.

  • The first condition for obtaining citizenship by place of birth is that the birth must take place in Turkey.
  • The second condition is that at the time of birth, the child must not be able to acquire the citizenship of any other country due to his foreign parents, that is, he must be stateless.

 

3- Acquiring Turkish Citizenship by Marriage

Marrying a Turkish citizen does not give Turkish citizenship. The foreign person must stay married to a Turkish citizen for at least 3 years. At the end of 3 years, the foreign person has the right to apply for citizenship. However, the foreigner must meet the following conditions.

  • It is required to be married to a Turkish citizen for 3 years.
  • Turkish citizen and foreign person are required to live in family unity.
  • The foreign person must not engage in any activity incompatible with the marriage union.
  • The conditions are sought for the foreign person not to have a situation that would constitute an obstacle in terms of national security and public order.

After the citizenship application is made, the above conditions are checked by the civil servants. Istanbul citizenship lawyer makes the application for Turkish citizenship by marriage on behalf of his clients and controls the status of the application and the whole process. You can apply to the Istanbul Citizenship Lawyer regarding the required documents and the application process.

 

4- Acquiring Turkish Citizenship According to General Provisions

Foreigners who have resided in Turkey continuously for 5 years with a residence permit can acquire Turkish citizenship if they meet the following conditions.

  • The foreign person must have the power to discriminate according to his/her national law.
  • The foreigner must have resided continuously for 5 years before the application date.
  • The foreign person has decided to settle in Turkey; To acquire property in Turkey, to establish a business, to invest, to transfer the trade and business center to Turkey, to work in a workplace subject to a work permit and to have confirmed by similar behaviors or to marry a Turkish citizen, to apply as a family, to obtain Turkish citizenship before have a mother, father, sibling or child or have completed their education in Turkey.
  • The foreigner must not have a disease that poses a danger to general health.
  • The foreigner should show that he has good morals by acting with the sense of responsibility required by living together in the society, should give confidence to his environment with his behaviors, and should not have bad habits that are not welcomed by the society and contrary to the values ​​of the society.
  • The foreign person must be able to speak Turkish at a level that can adapt to social life.
  • The foreign person must have an income or a profession to provide for himself and his dependents in Turkey.
  • The foreigner should not be in a situation that would constitute an obstacle in terms of national security and public order.

Istanbul citizenship lawyer provides full support to its clients in acquiring Turkish citizenship in accordance with the general provisions. Istanbul citizenship lawyer provides support to his clients in preparing their documents, making the application and meeting all the conditions. In case the application is rejected, as the state has a wide authority to acquire Turkish citizenship according to the general provisions, we, as an Istanbul citizenship lawyer, file an action for annulment against this decision of the state.

 

5- Acquiring Turkish Citizenship by Adoption

Foreigners who are adopted by a Turkish citizen under the age of 18 can acquire Turkish citizenship, provided that they do not have a situation that would constitute an obstacle in terms of national security and public order. Istanbul citizenship lawyer provides full support to his clients in the acquisition of Turkish citizenship through adoption. Istanbul citizenship lawyer provides support to his clients in preparing their documents, making the application and meeting all the conditions.

 

6- Acquisition of Turkish Citizenship by Investment

Individuals who want to acquire Turkish citizenship through investment are subject to many conditions. Acquiring Turkish citizenship through investment is the important thing to do. These conditions are subject to new regulations. These regulations and “How to acquire Turkish citizenship?” The answer to the question is given below by investment.

Foreign nationals who invest with a capital of 500,000 USD as the minimum limit,

Foreign nationals who have purchased a property with a minimum limit of 250,000 USD, committing not to sell the real estate within three years after the real estate purchase,

Foreigners who deposit 500,000 USD in a Turkish bank without withdrawing within three years can acquire Turkish citizenship.

Foreigners who have a business with a minimum capacity of 50 workers can benefit from the right to obtain Turkish citizenship.

Detailed information on this subject can be obtained by applying to an Istanbul citizenship lawyer.

  • LEGAL BASIS

With the Presidential Decision No. 106 in the Official Gazette No. 30540 dated 19.09.2018, changes were made regarding the Exceptional Acquisition of Turkish Citizenship.

Based on these regulations, the investment amounts for the acquisition of Turkish Citizenship have been rearranged and the foreigners have been provided with facilities for the application of Turkish Citizenship and the investment amounts have been reduced. In this way, it has been made easier for foreigners to invest in Turkey and it has become easier to obtain the Turkish Passport, which is strong in the world.

  • INVESTMENT TYPES

“a) It is determined by the Ministry of Industry and Technology that it has made a fixed capital investment of at least 500.000 USD or equivalent in foreign currency or equivalent in Turkish Lira;

  1. b) At least 250.000 American Dollars or equivalent in foreign currency or equivalent, for the property purchased or for which a condominium or floor servitude has been established, provided that it is not sold for three (3) years in the title deed records, at least 250.000 USD or equivalent in foreign currency or its equivalent in Turkish Lira. It has been determined by the Ministry of Environment and Urbanization that the contract drawn up by the notary public stating that the sale of the property, for which the Turkish Lira amount is deposited in advance, has been annotated in the land registry with the commitment that it will not be transferred or canceled for a period of three (3) years,
  2. c) It has been determined by the Ministry of Family, Labor and Social Services that it employs at least 50 people,
  3. d) It has been determined by the Banking Regulation and Supervision Agency that he has deposited at least 500,000 USD or equivalent foreign currency or equivalent Turkish lira deposits in banks operating in Turkey for three (3) years,
  4. e) It is determined by the Ministry of Treasury and Finance that it has purchased government debt instruments worth at least 500,000 US Dollars or equivalent in foreign currency or Turkish Lira, provided that they are kept for three (3) years,
  5. f) It has been determined by the Capital Markets Board that it has purchased real estate investment fund participation shares or venture capital investment fund participation shares in the amount of at least 500.000 USD or its equivalent in foreign currency or equivalent Turkish Lira, on the condition that it holds at least three (3) years.

Foreign nationals will be entitled to Turkish Citizenship as a result of the regulation.

Calculations are made for investment amounts using the effective selling rate and/or cross exchange rate available in the Central Bank of the Republic of Turkey.

  • WHO CAN APPLY WITH THE KEY APPLICANT?

With the investment made, the applicant, the applicant’s spouse, children under the age of 18 or dependent children can gain the right to apply for Turkish citizenship.

The main applicant’s children over the age of 18 cannot apply for Turkish citizenship together with the applicant.

In order for the main applicant’s children over the age of 18 to acquire Turkish Citizenship;

Making a new investment

Or

Must reside in Turkey with a residence permit for 5 years.

  • REQUIRED DOCUMENTS FOR ACQUISITION OF TURKISH CITIZENSHIP THROUGH INVESTMENT

Required documents to apply for Turkish Citizenship;

For the Main Application;

Valid Passport

Biometric Photo

Birth Certificate

The content must clearly state the mother’s name, father’s name, date of birth, place of birth and nationality. (The birth certificate must be approved by the apostille or the Turkish consulate.)

Marital Status Document

This document is a marriage certificate if the person is married, a document showing that he is single if he is single, and a divorced document if he is divorced. (The document showing the marital status must be approved by the apostille or the Turkish consulate.)

Power of Attorney (The power of attorney must be approved by the apostille or the Turkish consulate.)

For the Applicant’s Spouse;

Valid Passport

Biometric Photo

Birth Certificate

The content must clearly state the mother’s name, father’s name, date of birth, place of birth and nationality. (The birth certificate must be approved by the apostille or the Turkish consulate.)

Power of Attorney (The power of attorney must be approved by the apostille or the Turkish consulate.)

For the applicant’s children under the age of 18;

Valid Passport

Biometric Photo

Birth Certificate

The content must clearly state the mother’s name, father’s name, date of birth, place of birth and nationality. (The birth certificate must be approved by the apostille or the Turkish consulate.)

If the parents are divorced, the mother/father’s consent for the joint child to acquire Turkish citizenship, and the parents’ marriage and divorce certificate (These documents must be approved by the Turkish consulate).

All of these documents are basic documents, if they are missing, no application can be made.

All of the documents required during the application process must be approved by the Ministry of Foreign Affairs of the country of residence, then approved by the Turkish Consulate in the country of residence or must have an Apostille annotation.

No transaction or application can be made with documents that do not have the approval of the Turkish Consulate or an Apostille annotation.

  • POWER OF ATTORNEY

With the power of attorney authorized by the main applicant and her spouse; Obtaining the potential tax number, property purchase, bank account opening, residence application and citizenship application processes are all carried out by Istanbul citizenship lawyers.

With the Power of Attorney, all transactions of bank account opening, property purchase, residence permit application and Turkish citizenship application can be made without the need for the Main Applicant and his family to come to Turkey.

The content of the power of attorney to be given has been prepared by Istanbul citizenship lawyers. The draft power of attorney prepared by the lawyers is sent to the applicant and his spouse. This power of attorney must be signed by both the applicant and his spouse. This power of attorney must be made by the Turkish consulate or the Turkish notary public.

In all Land Registry Directorates in Turkey, it is obligatory for the power of attorney to be a “Power of Attorney in the Form of Arrangement” in order to act with a power of attorney. The power of attorney required for the purchase of property must be arranged with a photograph.

This power of attorney must be issued in one of the following three ways;

  • Can be issued at local notaries located in the borders of Turkey,
  • Apostille approval can be added after it is issued by the local notary publics of your country and approved by the Ministry of Foreign Affairs,
  • It can be arranged in the presence of a sworn translator from the Turkish Consulate of the country you are in.

A sworn translator and Consular appointment are made by lawyers for clients who want to issue a power of attorney through the Turkish Consulate. Then, the clients can go to the Consulate on the set day and time and complete the power of attorney process.

  • POTENTIAL TAX ID NUMBER

The process is started when the power of attorney is received by the Istanbul Citizenship lawyers.

The first thing to do is to apply for a Potential Tax Identity Number to the Tax Office on behalf of the Main Applicant.

The potential TIN is required to complete the process required for property purchase and bank account opening.

Lawyers obtain a Potential Tax Number by applying to the Tax Office with their special authority in the power of attorney. Then, the Potential Tax Identification Number is shared with the Main Applicant.

  • THE MOST PREFERRED INVESTMENT TYPES IN ACQUISITION OF TURKISH CITIZENSHIP THROUGH INVESTMENT

 

PROPERTY INVESTMENT

If the Main Applicant wishes to make a property investment, the investment must be over 250.000 USD or equivalent in Turkish Lira or foreign currency. Considering the said regulation in the law;

“At least 250.000 American Dollars or equivalent in foreign currency or Turkish Lira in foreign currency or equivalent in Turkish Lira or at least 250.000 American Dollars or equivalent in foreign currency or equivalent in Turkish Lira or foreign currency or Turkish Lira equivalent of at least 250.000 American Dollars or equivalent, provided that it is not sold for three (3) years. It has been determined by the Ministry of Environment and Urbanization that the contract issued by the notary public stating that the sale of the property, of which TL has been deposited in advance, has been annotated in the land registry with the commitment that it will not be transferred or canceled for a period of three (3) years.

It is organized as

The other condition is that the purchased property/properties are annotated not to be sold for 3 years. For a period of 3 years, the said property(s) must remain registered in the name of the Main Applicant and must not be sold or transferred in any form or form.

The property/properties in question may be of the nature of residence, land, workplace and similar property.

In addition, the Lead Applicant may purchase more than one property.

For instance; “The Main Applicant can buy 3 flats from different locations. The sales prices, valuation reports and sales price payments of the 3 flats purchased must be over 250,000 USD.”

It can carry out all property transfer transactions with a power of attorney specially issued by Istanbul Citizenship Lawyers.

Bank account opening procedures on behalf of the main applicant are completed by Istanbul Citizenship lawyers.

 

LIMITATIONS SUBJECT TO FOREIGNERS ON ACQUISITION OF PROPERTY

Foreign nationals are subject to certain restrictions regulated by relevant laws in the process of acquiring property from Turkey.

In the acquisition of property by foreign citizens in Turkey, first of all, the surface measurement of the property is restricted. According to this regulation, normally 30 Hectares and maximum 60 Hectares of property are allowed to be acquired by the decision of the Council of Ministers.

In addition, military prohibition and security zones are also inspected. It is inspected whether the region in which the foreign citizen requests to acquire property is in military zones or security zones.

FOREIGN COUNTRY CITIZENS WHO CAN OBTAIN PROPERTY IN TURKEY

Regarding this issue, we should specify that; All citizens of 183 countries, subject to the approval of the Presidency, can acquire property in Turkey.

There is no published full list of countries that can acquire property. However, according to the request, inquiries are made by us from the relevant Land Registry Offices.

In addition, Syrian Citizens and Taiwan Citizens are prohibited from acquiring property.

 

SELECTION OF PROPERTY

Property selection is one of the most important steps in the citizenship process. So much so that many locations in Turkey are evaluated in this process. The most important issue in property selection is the rental income of the property. All these issues are evaluated separately in the valuation report.

In addition to these issues, the selected properties must be checked by the Istanbul Citizenship Lawyer. Some properties that are intended to be sold to foreign nationals are mortgaged or foreclosed. For this reason, necessary checks should be made by the Istanbul Citizenship Lawyer.

In particular, we would like to point out that; In the property selection process, the Main Applicant can find the real estate agent, the project and the property through their own research, or they can be guided by Istanbul citizenship lawyers.

 

PROPERTY CONTROL

After the main applicant determines the property he would like to invest in, the current title deed is shared with the Istanbul Citizenship lawyer. Then, the title deed is checked by Istanbul Citizenship lawyers and it is investigated whether there is any encumbrance (mortgage, lien) on the deed. In addition to this, it is checked whether the property/properties have condominium servitude and condominium in the title deed.

Properties on which there are encumbrances (mortgages, liens) and records are not suitable for Turkish Citizenship.

In particular, if we specify; Properties on which there are mortgages, liens and similar records are not eligible during the application for Turkish Citizenship.

In addition, the contracts to be signed are examined and all legal rights of the Main Applicant are protected by the Istanbul citizenship lawyer.

 

ASSESSMENT REPORT

Valuation of the property(s) should be made by the Real Estate Appraisal Agency approved by the Capital Markets Board, and an Appraisal Report should be prepared.

It is obligatory to submit the Valuation Report prepared by the Real Estate Appraisal Agency to the Land Registry Directorate before the sale, in all property sales transactions at the Land Registry Directorates in Turkey.

Real Estate Valuation Agency is organized by Istanbul Citizenship Lawyers and Valuation Report is prepared and the valuation report is sent to the land registry office where the sale will be made.

In this process, lawyers need contact number and title deed information.

PROPERTY PAYMENT

The most important issue in the payment of the property/properties is that all payments must be transferred directly from the buyer’s bank account to the seller’s bank account.

In addition, while paying the sale price of the property/properties, all deed information must be written in the receipt statement.

As a result, the name of the Buyer and Seller, and for which property the payment has been made, must be clearly displayed on the receipt showing that the sale price of the property/properties has been paid.

Because the Ministry of Environment and Urbanization requests all details about the property, buyer and seller from the receipt in compliance audits. Otherwise, it does not issue the certificate of conformity.

 

SALE IN INSTALLMENTS

During the citizenship application process, sales in installments are accepted.

However, the point to be noted here is; The amount paid in installments or in advance must meet 250,000 USD.

Example: Considering a sale in 8 installments, each installment amounting to 50,000 US Dollars;

With the payment of the 5th installment, the amount of 250,000 USD is covered. Thus, at the end of the 5th month, the way to apply for citizenship is opened.

 

PROPERTY SALE PROMISE AGREEMENT

It is possible to apply for citizenship with the Promising Property Sale Contract to be signed.

This Agreement must be signed in the presence of a notary public.

The property must have a condominium or condominium.

An appraisal report is required.

250,000 US dollars must be paid.

An annotation regarding the contract must be entered in the Land Registry.

 

CERTIFICATE OF CONFORMITY ISSUED BY THE MINISTRY OF ENVIRONMENT AND URBAN

To make an investment suitable for Turkish Citizenship; The Title Deed Sale Price, the amount in the Valuation Report and the Paid amount must be above $250,000. There should not be a large difference between the property value specified in the appraisal report and the sale price.

Upon meeting the investment requirement of 250,000 USD, the necessary documents are collected and an application is made to the Ministry of Environment and Urbanization with a request for an Investment Conformity Certificate.

After the Investment Conformity Certificate is received, the procedures for the Turkish Citizenship Application process can be started.

 

BANK INVESTMENT

The Main Applicant can perform all the transactions requested from the bank account, together with the opening of the bank account.

By activating internet banking, he can manage all transactions in his account.

For bank investment;

“Determined by the Banking Regulation and Supervision Agency, that he deposited at least 500,000 US Dollars or equivalent foreign currency or equivalent Turkish Lira deposits to banks operating in Turkey for three (3) years,”

It is organized.

Pursuant to the regulation, the Main Applicant may be a Turkish Citizen who keeps 500,000 US Dollars or equivalent in foreign currency or Turkish Lira in his bank account for 3 years.

The Main Applicant can benefit from the interest or participation fee for the period of 3 years that the said investment is in the bank account.

 

BANK ACCOUNT OPENING

Istanbul Citizenship Lawyers can carry out all bank account opening transactions with a power of attorney. In particular, we would like to point out that; In this power of attorney, there is no authority to withdraw or transfer money. Only bank account opening and bank investment are authorized for the necessary transactions.

Passport, power of attorney, address document, Potential Tax Identity Number documents are required for bank account opening.

Afterwards, the necessary documents for account opening are signed and the bank account opening process is completed. After the bank account is opened, all information required for internet banking, such as account information and customer number, is shared with the Main Applicant.

 

CERTIFICATE OF CONFORMITY ISSUED BY THE BANKING REGULATORY AND SUPERVISION AUTHORITY

If the Main Applicant’s investment is found appropriate as a result of the audits carried out by the Banking Regulation and Supervision Agency by examining the bank account, who the account belongs to, the investment amount and the power of attorney, an Investment Compliance Certificate is issued.

It does not matter from which account the investment amount is sent to the bank account opened by the Main Applicant. The Banking Regulation and Supervision Agency does not control who, from which country and from what type of account, 500,000 US Dollars or equivalent foreign currency or Turkish Lira came to the main applicant’s bank account in the bank located in Turkey. The main thing to be checked here is whether the amount in question is available in the Main Applicant’s account at the date of the determination request.

In addition, as long as the investment amount covers 500.000 USD, the Main Applicant is free to keep the investment in a bank account in any foreign currency at any rate.

Sample; 250,000 USD can be invested as 250,000 EURO.

The main issue that the Banking Regulation and Supervision Agency supervises is the full and complete finding of the investment amount in the account in the Turkish Banks opened in the name of the Main Applicant at the time the Investment Compliance Certificate is requested.

 

RESIDENCE PERMIT

Residence permit application is made within the scope of Article 31/j of the Foreigners and International Protection Law No. 6458.

The residence permit we have mentioned is a special type of residence permit for the application process for Turkish Citizenship.

This residence permit is only required for the Main Application. For this reason, the residence permit application is made only on behalf of the Main Applicant. However, if the main applicant requests and accepts the costs, a residence permit application can be made within her family.

If the main applicant wishes, he/she can benefit from this residence permit when he/she enters and exits Turkey.

 

HEALTH INSURANCE

A valid health insurance is required for a residence permit. Because the Provincial Immigration Administration makes it compulsory to have health insurance on behalf of the applicants in residence permit applications. Therefore, it is obligatory to present the said health insurance policy.

In addition, the health insurance to be made must have valid phrases for the residence permit.

Istanbul Citizenship Lawyers carry out the entire health insurance process required for the Main Applicant.

 

RESIDENTIAL PERMIT APPLICATION

After obtaining valid health insurance, it is possible to proceed to the residence application stage.

The Residence Permit application is first made online. The fee payments determined by the Provincial Immigration Administration are completed and then the necessary documents are sent to the Provincial Directorate of Migration Administration and the documents are delivered. The residence permit is approved within a few days.

Unlike a normal residence permit application,

With this type of residence permit, the residence permit process is completed without the main applicant having to enter Turkey,

Appointments made through the online system take a very long time, but with this residence permit, appointments are made in a much shorter time.

  • CITIZENSHIP APPLICATION

After receiving the Investment Conformity Certificate and residence permit by the lawyers, a Turkish Citizenship Application is made.

The main applicant and her family choose Turkish names and surnames for their Republic of Turkey Identity and Passport. There are certain limitations determined by the State and the relevant legislation in the choice of name and surname.

Names and surnames must be completely selected from the names and surnames of the Turkish language.

Or

The main applicant and his family use the same names on the passport they used during the Turkish Citizenship Application process, in the same way as in their Turkish Identity and Passports.

they can apply.

In addition, in accordance with the Turkish Civil Code, the family is required to use a single surname. Wife – Husband – Children must have a common surname.

After deciding on the main applicant’s name and surname, an application is made to the relevant authorities by Istanbul Citizenship lawyers.

 

CITIZENSHIP APPROVAL PROCESS

After the Citizenship Application is made, the information about the Citizenship Application is shared by the General Directorate of Population and Citizenship. Through this information;

https://vatan.nvi.gov.tr/moduller/basvuru/basvurudurumbilgi.aspx

From the link, you can check the stage of the Citizenship Application.

In addition, Istanbul citizenship lawyers receive direct information from the relevant ministry at regular intervals, check the stage of the Citizenship Application and inform the family.

After the documents are completely submitted and the application is completed, the steps are as follows;

  • Send to the Authorized Authority,
  • Doing Archive Research
  • Submission to the Authorized Authority for approval
  • Authorized Authority Approval
  • Obtaining the necessary documents from the General Directorate of Population and Citizenship
  • Application for Passport and Identity Card

After Acquiring Turkish Citizenship;

If the family is in Turkey, they can apply for the Republic of Turkey Identity Card and Passports by making an application to the relevant Population and Citizenship Directorate,

Or

With an appointment to be arranged by Istanbul Citizenship lawyers, the family can apply for the Republic of Turkey Identity Card and Passports from the Turkish Consulate where they are located.

Afterwards, they can receive the Republic of Turkey Identity Cards and Passports from the relevant authorities.