About Citizenship Acquisition

HOW IS THE VALUE OF THE REAL ESTATE(S) NECESSARY FOR CITIZENSHIP CALCULATED AT THE LAND REGISTRY OFFICE?

1-Calculating the Amount of the Bank Receipt:

·         If the bank receipt is paid in Turkish Lira, the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day preceding the payment date is relied upon to calculate the USD equivalent of the value in the bank receipt.

2-Calculating the Value of the Official Deed:

·         When finding the USD equivalent of the value given in TRY in the official deed (of sale) or the agreement for the promise of sale, the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day preceding the date, when the application is filed for the sale transaction or when the agreement for the promise of sale is issued before the notary public, will be relied upon.

·         When finding the USD equivalent of the value given in TRY in the official deed (of sale) or the agreement for the promise of sale, the value can be determined based the exchange rate applicable before the sale transaction / the date, when the agreement for the promise of sale is issued, enabling the value in USD sought to be met (or for the bank receipts with the same payment date).

·         However, if multiple bank receipts are submitted with different dates, the difference in exchange rate can be a problem when finding the USD equivalent of the value given in TRY in the official deed (of sale) or the agreement for the promise of sale. In this case, the value given in the official deed (of sale) or the agreement for the promise of sale must not be lower than the total bank receipts (in TRY) that add up to the value in USD sought under the applicable regulation (based on the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day before the payment date).

3- Calculating the Value Given in the Valuation Report:

·         To find the USD equivalent of the value given the valuation report in TRY, the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day before the report date will be relied upon.

WHICH DATE IS TAKEN INTO CONSIDERATION TO DETERMINE THE EXCHANGE RATE FOR THE BANK RECEIPTS PRESENTED TO EVIDENCE PAYMENT?

If the bank receipt is paid in Turkish Lira, the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day preceding the payment date is relied upon to calculate the USD equivalent of the value in the bank receipt.

IF MULTIPLE BANK RECEIPTS (PAID IN TURKISH LIRA) OF DIFFERENT DATES ARE SUBMITTED, HOW IS THE VALUE FOUND?

Total values calculated based on the effective sale rate of the Central Bank of the Republic of Turkey applicable on the last business day preceding date, when each bank receipt is issued, must match USD 250.000.

WHERE TO RECEIVE A VALUATION REPORT FROM AND IS THERE AN EXPIRY DATE FOR IT?

A valuation report is to be received from the valuation firms published on the website of Capital Market Board (CMB) (http://www.spk.gov.tr/SiteApps/SirketIletisim/List/gds) or The Turkish Association of Appraisers (TDUB) (http://www.tdub.org.tr/Web/CompanyListForm.aspx?UID=a11d0b04-de56- 4ab0-9bb8-7c2c8863ba92). It is considered to be valid for three months following the date when it is issued. It will be considered valid starting from the time it is submitted until the procedure is complete.

HOW MUST THE SALE PRICE OF THE REAL ESTATE BE TRANSFERRED?

It must be deposited to the bank account of the seller or the seller’s authorized representative through such means as money transfer, EFT etc. by the purchaser or the purchaser’s authorized representative and must be documented.

For real estates owned by public institutions and enterprises, such as TOKİ and Emlak Konut, the transfer/payment of the price may also be evidenced by a certified bank receipt or official letter showing the amount received.

HOW TO GET A “CERTIFICATE OF ELIGIBILITY”?

Once the undertaking stipulated by the regulations is processed within the framework of the applicable Regulations and the circulars regarding implementation thereof, the land registry directorate that consummated the procedure sends all the documents to General Directorate of Land Registry and Cadastre or the relevant regional directorate.

The foreigners, who receive a certificate of eligibility, first apply to the Provincial Directorate of Migration Management for residence permit and to the General Directorate of Civil Registration and Citizenship Affairs for citizenship.

AFTER GAINING TURKISH CITIZENSHIP, CAN THE SAME PROPERTY OR SHARE IN PROPERTY BE USED FOR GAINING CITIZENSHIP AGAIN?

After Turkish citizenship is gained through sale or the promise of sale, the same property or the share in property may not be used for the purpose of gaining citizenship again.

IS IT POSSIBLE TO APPLY TO ACQUIRE TURKISH CITIZENSHIP THROUGH EXCEPTIONAL MEANS WITH SHARES PURCHASED IN REAL ESTATES?

It is possible if the share is worth USD 250.000 minimum.

IS IT POSSIBLE TO PURCHASE MULTIPLE REAL ESTATES TO ACQUIRE TURKISH CITIZENSHIP?

It is possible.

CAN THE PROPERTY BE RESOLD TO THE PERSON, WHO HAD SOLD THE PROPERTY EARLIER, ONCE THE PERIOD OF COMMITMENT IS OVER?

If the foreign natural persons, who have gained Turkish citizenship through acquisition of property, transfer (sell) the property back to the legal personality of the company or to the Turkish citizen, from whom the property was purchased, after the period of commitment is over (except through means such as a Court order or attachment of property etc.), the matter will be referred to the General Directorate and the status of the certificate of eligibility, which constituted the grounds for acquisition of Turkish citizenship, will be reevaluated.

ARE ALL THE REAL ESTATES TO BE PURCHASED AT THE SAME TIME?

No. It is possible to apply for the real estates purchased at different times.

WHAT MUST BE THE QUALITY OF THE REAL ESTATE?

For processing an undertaking through sale, the quality of the real estate does not matter (It can be residence, land, field, orchard etc.) However, in cases, where undertaking is processed into a notarized agreement for the promise of sale, the real estate must be a real estate with condominium or construction servitude created thereon.

IS IT POSSIBLE FOR THE FOREIGNERS, WHO OWN OR WHO ARE SHAREHOLDERS IN COMPANIES WITH FOREIGN CAPITAL, TO APPLY FOR CITIZENSHIP WITH REAL ESTATES OWNED BY THE COMPANY?

It is not. The real estate must be registered to the natural person, who is to file the application.

IS IT POSSIBLE FOR A PERSON TO APPLY TO ACQUIRE TURKISH CITIZENSHIP BY PURCHASING THE REAL ESTATE OF THE COMPANY, IN WHICH SUCH PERSON HOLDS SHARES?

It is not. The real estate(s) to be sold or promised for sale must not be registered to the legal personality of the company, in which the foreign natural person is a shareholder or director.

DOES IT MATTER FROM WHOM THE REAL ESTATE WAS PURCHASED FOR THE CITIZENSHIP APPLICATION?

1- The real estate(s) to be sold or to be subject to the promise of sale not must be registered to foreign natural persons in the land registry. (Including the foreign person’s spouse and children)

2- The real estate(s) to be sold or to be subject to the promise of sale must not be a property, which is transferred by the foreign natural person, who will acquire property for the purpose of citizenship or his/her spouse and children or a foreign natural person of the same nationality, to a Turkish citizen/company after the date 12.01.2017. However, if a property that is registered to a foreign natural person is transferred to a Turkish citizen/company after the date 12.01.2017, it can be acquired by a foreign natural person of a different nationality for the purpose of gaining citizenship.

3- The real estate(s) to be sold or to be subject to the promise of sale must not be registered to the legal personality of the company, in which the foreign natural person to acquire citizenship or his/her spouse and children are shareholders or managers, or the legal personality of the company (with foreign/international capital) governed by Article 36 of the Land Registry Law numbered 2644, wherein foreign natural persons of the same nationality are shareholders.

 

 

 

IS IT POSSIBLE TO SELL THE REAL ESTATE BEFORE THE ANNOTATION IN THE REGISTRY EXPIRES (3 YEARS ELAPSE)?

The procedure will depend on the response to be received from the Provincial Directorate of Civil Registration and Citizenship Affairs.

IS IT POSSIBLE TO APPLY FOR CITIZENSHIP IN CASE THE PURCHASED REAL ESTATE HAS MORTGAGE OR ATTACHMENT ON IT?

It is possible for the sale to take place along with an existing mortgage or attachment.

IS IT POSSIBLE TO APPLY FOR CITIZENSHIP IF THE REAL ESTATE IS PURCHASED USING A LOAN?

In this case, the advance payment amount remaining after subtracting the loan amount shall be taken into consideration. For sales with legal mortgage, on the other hand, the portion paid in advance must match the value of USD 250.000.

IS IT POSSIBLE TO FILE APPLICATIONS FOR REAL ESTATE ACQUISITION THROUGH A POWER OF ATTORNEY FOR THE PURPOSE OF ACQUIRING TURKISH CITIZENSHIP THROUGH EXCEPTIONAL MEANS?

It is possible if this is clearly stated in the power of attorney.

IS IT POSSIBLE TO APPLY FOR TURKISH CITIZENSHIP BY AN AGREEMENT FOR THE PROMISE OF SALE?

As applicable for 07.12.2018 and thereafter, the application may be filed after an undertaking is provided not to transfer and cancel the agreement issued before the notary for a period of three years, provided that the minimum amount of USD 250.000 or equivalent thereof is paid in advance for real estates with condominium or construction servitude created thereon.

CAN THE ANNOTATION REGARDING THE AGREEMENT FOR THE PROMISE OF SALE BE CANCELLED AND CAN THE PROPERTY BE TRANSFERRED TO A THIRD PERSON?

If the agreement for the promise of sale is cancelled and the property is transferred to a third person, then the matter is referred to the General Directorate and the status of the certificate of eligibility, which constituted the grounds for acquisition of Turkish citizenship, will be reevaluated.

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