Foreigner’s Citizenship Acquiring by Property Acquisition

1.Introduction


In this article, titles which they are Citizenship and Foreigner’s Citizenship Issue, General Acquisition of Citizenship, Exceptional Acquisition of Citizenship and Acquiring Property in Turkey for Foreigners examined under foreigners and their families rights and liabilities.


2.Citizenship and Foreigner’s Citizenship Issue


In accordance with Law no. 5901 on Turkish Citizenship; citizenship and foreigner’s citizenship issues are regulated. The main way of acquiring citizenship in Turkish Law is acquisition by birth. Apart from this way, after birth the citizenship can acquire by decision of the competent authority, by adoption or by choice. The foreigner who wants to acquire
Turkish citizenship by the decision of competent authority, have to execute the conditions specified in the law. However, this is not enough for acquiring Turkish citizenship. As stated in the European Citizenship Convention “Each State shall determine under its own law who are its nationals.”. That’s why the state, which the foreigner apply for citizenship, will be able to decide whose application evaluated as positive or negative. But this discretion have to
use in accordance with international law.
In addition to the general application, there are exceptional applications for the acquisition of Turkish Citizenship.
A.General Acquisition of Citizenship
Conditions Required for General Application in Law no. 5901 on Turkish Citizenship Law:
Article 11- (1) An alien who wishes to be received into citizenship shall;
a) be of the age of consent possessing the distinguishing power according to his/her own
national legal system, or according to the Turkish law if s/he is stateless;
b) have been resident in Turkey for five years, without interruption, prior to her/his date of
application;
c) have the intention of settling in Turkey and prove this intention with action;
d) not have any disease that constitutes a danger to public health;
e) be a person of good morals;
f) speak an adequate level of Turkish;
g) have an income or profession to provide for his own livelihood and those of his/her
dependants in Turkey;
h) not pose a threat to national security and public order.
Foreigners, who fulfill the conditions specified in the law, will be able to acquire Turkish citizenship if they are found suitable as a result of their application.
B.Exceptional Acquisition of Citizenship
Foreigners can also apply for exceptional acquisition of citizenship. This situation regulated in Art. 12 at Law no. 5901 on Turkish Citizenship Law:
ARTICLE 12 – (1) The foreigners stated below may acquire Turkish citizenship by the
President’s decision provided that they do not have an obstacle in terms of national security
and public order.

a) bringing Turkey to industrial facilities or scientific, technological, economic, social,
sporting, cultural and artistic area of outstanding service to the people sooner or later
will be considered and reasoned proposals made in the ministries rights.
b) Those who obtain a residence permit further to (j) of the first paragraph of Article
31 of the Law No. 6458, by investing within the scope and amount determined by the
President and foreigners holding the Turquoise Card
c) Persons deemed essential for citizenship.
d) Persons accepted as immigrants.
(2) Obstacle in terms of national security and public order requests of those who constitute
the form are rejected by the Ministry.

In accordance with Art. 12/1-b at Law no. 5901 on Turkish Citizenship Law, Law no. 6458 Foreigners and International Protection Law allowed that, who have obtained a residence permit may be entitled to citizenship exceptionally :
ARTICLE 31 – (1) Short-term residence permits may be issued to the following foreigners:
.
.
.
j) not working in Turkey, but the scope will be determined by the President and foreign
investment in the amount of them will do with his wife, he and his wife’s minor or dependent
children of foreignersAs can be seen from the laws, the foreigner might acquire Turkish citizenship from exceptional ways. In one of them, the foreigner have to obtain a residence permit further to
(j) of the first paragraph of Article 31 of the Law No. 6458. The important issue about that is scope and amount of the investment have to be made. Scope and amounts determined as per the new regulations published in the Official Gazette on September 18, 2018 are defined below. Foreigners who meet any of the following criteria may be eligible for Turkish citizenship, subject to the decision of the President of the Republic of Turkey:
-Made a minimum fixed capital investment of USD 500,000 or equivalent foreign currency or Turkish lira, as attested by the Ministry of Industry and Technology
-Acquired a property worth a minimum of USD 250,000 or equivalent foreign currency or Turkish lira with a title deed restriction on its resale for at least three years, as attested by the Ministry of Environment and Urbanisation
-Created jobs for at least 50 people, as attested by the Ministry of Family, Labor and Social Service
-Deposited at least USD 500,000 or equivalent foreign currency or Turkish lira in banks operating in Turkey with the condition not to withdraw the same for at least three years, as attested by the Banking Regulation and Supervision Agency

-Bought at least USD 500,000 or equivalent foreign currency or Turkish lira worth of government bonds with the condition that they cannot be sold for at least three years, as attested by the Ministry of Treasury and Finance
-Bought at least USD 500,000 or equivalent foreign currency or Turkish lira worth of real estate investment fund share or venture capital investment fund share with the condition that they cannot be sold for at least three years, as attested by the Capital Markets Board of Turkey

As can be seen in that regulation, it is possible to acquire Turkish citizenship by making a property investment of at least 250.000 USD or equivalent foreign currency or Turkish Lira. However there are few points to be considered for this to happen. It doesn’t enough to acquire a property of at least 250.000 USD or equivalent foreign currency or Turkish Lira. Besides that, has to put title deed restriction in the sale of foreign property for at least three
years. This will be examined by the Ministry of Environment and Urbanisation. This acquiring way gives the foreigner a application chance but the acquisition is not certain.
In accordance with Art. 12 paragraph 2 at Law no. 5901 on Turkish Citizenship Law, obstacle in terms of national security and public order requests of those who constitute the form are rejected by the Ministry. This regulation state that, the states applied by foreigners have appreciation right for evaluate the application positive or negative.

3.Acquiring Property in Turkey for Foreigners


In accordance with Turkish Citizenship Law, one of the ways to acquire citizenship in an exceptional way is acquiring property. At this point, we must talk about how to foreigner acquire a property in Turkey.
In the past, reciprocity principle was important for foreigner when the wanted to acquire a property. But after the change in Art. 35 of the Land Registry Law No. 2644, this principle was abolished. In that regulation :
Article 35
(1) “The legal restrictions to comply with registration, the international aspect of the bilateral relations and the citizens of the countries designated by the President in cases where the interests of the country require a foreign real person can acquire real estate and limited real rights in Turkey. The total area of immovable property acquired by foreign nationals and limited real rights, which are independent and permanent, cannot exceed
ten percent of the private property’s district face measurement and thirty hectares per capita across the country. The President is empowered to double the amount available per person across the country.”

As can be understood from the article of the law, the foreigners have to comply some restrictions. One of these, the total area covered by the immovable property and independent and permanent real rights of foreigners shall not exceed 10 percent of the district area, which includes private property, and 30 hectares per person in the country per
the immovable property or real rights owner. This amount can be doubled by President if it
is necessary.
Another restriction is about not to acquire property in military prohibited areas and security zones. Before the last regulation, foreigner applied to Land Registry Office and they asked the property status to related zone command. But now, this is not necessary for acquiring property unless the zone in 10 city in Turkey. Foreigners don’t need to have a residence permit to acquire property in Turkey. In Art. 31/1- j Law no. 6458 Foreigners and International Protection Law allows the foreigners and their family have a short residence permit.

Result


Citizenship is mainly acquire by birth. Apart from this way, after birth the citizenship can acquire by decision of the competent authority, by adoption or by choice. The foreigner who wants to acquire Turkish citizenship by the decision of competent authority, have to execute the conditions specified in the law. In this way, the foreigner can acquire Turkish citizenship in exceptional way if complete the requirements in Art. 12 at Law no. 5901 on Turkish Citizenship Law. Acquiring Citizenship by Property Acquisition is one of example for do that.
If a certain amount of investment is made and approved by the authorities, the applicant may be acquire citizenship. In order for this to happen, the procedure in the law and the enforcement regulation of the law must be followed.

(Basic Concepts : Citizenship, General Acquisition of Citizenship,Exceptional Acquisition of Citizenship, Residence Permit, Property Acquisition for Foreigners)
Av.Erdem Arda AKAY Av. Yalçın TORUN

UYARI
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