5901 sayılı Türk Vatandaşlığı Kanununun 12 nci maddesi ile yabancı yatırımcıların istisnai olarak Türk vatandaşlığını kazanmalarına olanak sağlanmış olup 18.09.2018 tarihli ve 106 sayılı Cumhurbaşkanı kararı ile anılan Kanunun Uygulanmasına İlişkin Yönetmeliğin 20 nci maddesinde belirtilen tutarlara ilişkin iyileştirici yeni düzenlemeler yapılmıştır.
yabancı yatırımcıların gerekli olan ikamet izni ve vatandaşlık başvurularında ayrı ayrı talep edilen belgeler sadeleştirmiş olup ortak olarak belirlenen belgeler ile tek seferde ikamet izni ve vatandaşlık başvurusunun alınması sağlanacaktır.
Article 12 of the Turkish Citizenship Law No. 5901 allows foreign investors to acquire Turkish citizenship in exceptional terms; with 18.09.2018 dated and 106 numbered Presidential Decree, amendatory new arrangements have been made regarding the amounts mentioned in the Article 20 of the Regulation on the Implementation of the aforementioned Law.
Within this scope, the foreign investors;
Operations have been started to provide faster service. Residence permit and citizenship application shall be obtained at once together with the jointly determined documents.
In practice, it is one of the ideal options. Citizenship is acquired for only $ 250,000. The qualification of the immovable (flat, office, etc.) or the fact that it is a constuction servitude or condominium does not matter.
The value of the immovable property for sales contract / preliminary sales contract must be at least 250.000 USD. It is possible to reach that 250.000 USD limit by purchasing more than one real estate. The appraisal report will show the market value of the real estate.
The real estate to be purchased must not be registered in the name of another foreign natural person in the title deed register.
When given the necessary documents, the purchase of real estate, actions related to residence permits and citizenship applications can be done by attorneys in Turkey on behalf of clients with power of attorney.
The commitment that the immovable cannot be transferred for three years is annotated to the title deed. Following the transfer of title deed, Certificate of Conformity is obtained from the competent authority. Once the documents are completed, application for residence permit and citizenship can be done at once and residence permit will be given on the same day. Citizenship process is expected to take between 3 and 4 months after the application.
This is the another option frequently preferred. At least 500,000 US dollars or its equivalent in foreign currency or as Turkish lira will be deposited in a bank operating in Turkey ; with the commitment of keep the money for three years. Applicant who Banking Regulation and Supervision Agency issued a certificate of conformity on behalf of, can acquire citizenship.
It is possible to creating bank accounts with interest or non-interest. Unlike 500,000 US dollars, it is possible to withdraw interest from the bank at any time. This procedure is relatively easy.
Fixed capital investments is a concept used when explaining the expenditures made for the provision of immovable vehicles needed for the production of new goods and services. In this way, for the acquisition of citizenship, a fixed capital investment of at least 500.000 USD or foreign currency or Turkish Lira equivalent is required. Certificate of conformity is issued by the Ministry of Industry and Technology on behalf of the applicant.
The application will be made in writing to the Ministry of Industry and Technology with the necessary documents (in the annex of the application petition there should be; the investment information form, the trade registry gazette showing the trade partnership structure, the special purpose report, the proof that the foreign investment is directly transferred to the company capital). The expenditures made in the last 3 years will be taken into consideration while calculating the fixed capital expenses for the applications to be made in the following years. In the case of an additional, fixed capital investment in an existing investment, the increase in the amount of fixed capital investment from the beginning of the additional investment shall be taken into consideration.
In case the foreign investor is a certain shareholder of the investor; the amount to be generated as a result of multiplying the share of the person to the investor by the total investment amount must be at least USD 500,000.
Foreign persons requesting a certificate of conformity on the grounds that they have created employment for at least 50 people, can apply to the Ministry of Family, Labor and Social Services (General Directorate of International Labor) with the necessary documents.
Applications are evaluated by the General Directorate of International Labor, Ministry of Family, Labor and Social Services. Applications without any deficiencies shall be concluded within seven working days. For applications made with missing information and documents, the applicant is given a thirty-day period to complete the deficiency. Applications that are not completed within this period will be rejected.
As a result of the evaluation, the results of the application regarding the foreigners determined to meet the necessary conditions shall be notified to the Ministry of Interior and the applicant.
Attached to the application petition there should be; passport photocopy, statement of signature taken from the notary, Employment Information Form, Registry Gazette records and up to date Trade Registry Certification, Current Employee List taken from Social Security Institution system showing the list of persons working as insured, letter taken from Revenue Administration system showing the status of tax debt, letter taken from the social security institution system that shows the status of social security premium debt and written statement of whether the company has been imposed an administrative fine in the last six months
The Ministry shall evaluate whether the share of capital and the share ratio in the company or companies of which the foreign natural person is the owner or shareholder is sufficient.
In the examination of the applications, the continuity of the Turkish citizens working full-time in the last six months shall be taken into consideration.
Government Domestic Debt Securities, is the common name of the Government Bonds and Treasury Bills issued in domestic markets by T.C. The Ministry of Treasury and Finance
The most commonly used classification is made by maturity. According to this;
– Government Domestic Debt Securities with a term of 1 year or more are called Government Bonds
– Government Domestic Debt Securities with a term of less than one year are called Treasury Bills.
You can purchase Treasury Bills and Government Bonds issued by the Treasury and the Ministry of Finance in the primary market through the tender method directly through the branches of the Central Bank (without paying any commission), or by means of a brokerage (such as a bank, brokerage house). Government Domestic Debt Securities are issued by the Ministry of Treasury and Finance in the primary market and are subject to continuous trading transactions in secondary markets which operate independently from the Treasury and Finance Ministry until maturity. In order to obtain Government Domestic Debt Securities from secondary markets, you need to contact a broker such as a bank or brokerage house. Therefore, there is no registration and follow-up procedure within the Ministry of Treasury and Finance regarding the possession of these notes in the secondary market.
The Government Domestic Debt Securities issued by the Ministry of Treasury and Finance are a reliable investment option without requiring any other guarantee since the state owns the debt. The Ministry of Treasury and Finance pays the debt on time together with the principal and interest. At the same time, some of the Government Domestic Debt Securities issued by the Treasury and the Ministry of Finance provide interest yields at periods and others at maturity. Most of them are liquid instruments and can be converted to cash at any time.
Anyone who has purchased Government Domestic Debt Securities (Government Bonds) of at least 500,000 US Dollars or equivalent in foreign currency or Turkish Liras and pledged to keep them for three years; and has a certificate of conformity on behalf of the applicant by the Ministry of Treasury and Finance can acquire citizenship.
Note : Although it is theoretically an ideal option, we do not recommend it because the procedures and principles of the legislation are not explained well. Also, in practice, the we do not see many examples of it.
With the amendment published in the Official Gazette dated 19/9/2018 and numbered 30540, provided that it is detected by Capital Markets Board; anyone that purchases real estate investment fund participation share or venture capital investment fund participation share of at least 500.000 US Dollars or equivalent in foreign currency or equivalent Turkish Lira, with the condition of keeping it for three years, can acquire Turkish citizenship exceptionally.
The foreigner who will apply for obtaining the certificate of conformity, will make a written application including the name, surname, date of birth, foreign identity number, address and contact information, Central Registry Agency (CRA) registration number and investment information related to the GYF (real estate investment fund) and GSYF (venture capital mutual fund) to the Capital Markets Board (CMB) by submitting a copy of the passport attached.
Informing the board within 3 working days is requested whether the relevant foreign person has the minimum coverage and amount sought in the Regulation on the share of the real estate investment fund or venture capital mutual fund registered in the CRA; with the written request to be submitted to the Central Registry Agency (CRA) within 2 working days from the date on which the required documents have been submitted in full by Capital Markets Board (CMB)
In order to qualify for naturalization within the framework of the regulation, the investor must have the relevant shares without interruption for 3 years as of the date of the investment requirement and the participation shares should not be reduced by the will of the investor through transactions such as sales and transfers.
As a result of the change in the exchange rate, the decrease in the value of the shares below USD 500.000 does not affect the application and / or acquisition of citizenship.
Upon the approval of the investment conditions on the letter received from CRA, “Certificate of Conformity is issued within 2 working days.
With Att. Muhammet Yasir Taflan and his team that consists of experts in various legal fields in cooperation with many law offices in different countries; Taflan Law provides you with legal consultancy and litigation services.