Persons who acquired citizenship by birth and whose request to renounce it has been approved by the Ministry may obtain a Blue Card, provided that they meet the conditions required under Article 25 of the Turkish Citizenship Act. As explained in our study entitled “The Blue Card Scheme”, the descendants down to the third degree of persons who lose the citizenship they held by birth through a permission to renounce may also benefit from this document. The acquisition of immovable property and the status of heir — that is to say, the right of property and the right of inheritance of Blue Card holders — rank foremost among the possibilities that this document affords its holder. Blue Card holders may, as Turkish citizens may, acquire ownership of immovable property in our country and exercise the status of heir.
Property and inheritance are among those rights that are strictly personal and secured at constitutional level. Indeed, Article 12 of the Constitution states that everyone possesses rights which are, by their very nature, inalienable, inviolable and not transferable. Article 35 of the Constitution, for its part, regulates these two rights directly:
Constitution of the Republic of Türkiye, Art. 35
“Everyone has the rights of property and inheritance. These rights may be limited by law only in the public interest. The exercise of the right of property shall not be contrary to the interest of society.”
In other words, the rights of property and inheritance have been regarded in Turkish law as important enough to be protected at constitutional level.
Persons Who May Obtain a Blue Card
Whether persons who acquired citizenship by birth but became foreign nationals through a permission to renounce may benefit from the possibilities listed in Article 28 of the Turkish Citizenship Act No. 5901 depends on their obtaining a Blue Card. The detailed provisions concerning the document are contained in Article 53 et seq. of the Regulation on the Implementation of the Turkish Citizenship Act No. 5901.
In this study we address, under separate headings, the scope of the rights afforded to Blue Card holders, whether those persons have a right of property over immovable property in Türkiye, and their position as regards the law of inheritance.
Privileges Afforded to Blue Card Holders
The rights which Blue Card holders enjoy are laid down in Article 28 of the Turkish Citizenship Act. The provision states:
Turkish Citizenship Act, Art. 28
“Blue Card holders shall continue to benefit in full from the rights afforded to Turkish citizens, save for the exceptions specified in this article.”
and it is further emphasised that the provisions relating to national security and public order are reserved. Accordingly, once the exceptions specified in the article are set aside and the rules on public order and national security are reserved, Blue Card holders benefit from all remaining rights to the same extent as citizens.
In addition, Article 52 of the said Regulation likewise sets out the possibilities afforded to these persons:
Regulation on the Implementation of the Turkish Citizenship Act, Art. 52
“(1) Those who, having been Turkish citizens by birth, lose Turkish citizenship by obtaining permission to renounce it, and their children processed together with them, shall continue to benefit in full from the rights afforded to Turkish citizens, the provisions relating to national security and public order being reserved. However, persons in this situation shall not have the obligation to perform military service, nor the rights to vote and to stand for election, to enter public service, or to import a vehicle or household goods exempt from duty. The acquired rights of such persons concerning social security are reserved, and in the exercise of those rights they shall be subject to the provisions of the relevant statutes.
(2) The procedures of such persons concerning matters such as residence, travel, employment, investment, commercial activity, inheritance, and the acquisition and disposal of movable and immovable property in Türkiye shall be conducted by the relevant institutions and organisations within the framework of the legislation applied to Turkish citizens.”
As can be seen, the provision sets out clearly the rights that Blue Card holders may exercise. For detailed information on the rights these persons hold and those they may not exercise, and on the procedure for reacquiring citizenship, our study entitled “Reacquisition of Turkish Citizenship by Blue Card Holders” may be consulted.
Right of Property over Immovable Property in Türkiye
The right of property is not among the exceptions listed in Article 28 of the Turkish Citizenship Act. That right is therefore one of those which Blue Card holders may acquire and continue to exercise just as citizens may. The conclusion that follows is clear: it is possible for Blue Card holders to acquire the status of owner of immovable property in our country. To put it more concretely, these persons may acquire immovable property in Türkiye without being subject to any statutory restriction or to a condition of reciprocity between States. In all transactions, including the acquisition, protection and transfer of ownership of immovable property, the legislative provisions applicable to Turkish citizens apply.
It must nevertheless be emphasised that, in the exercise by Blue Card holders of the right of property, the provisions relating to national security and public order are reserved.
Right of Inheritance over Immovable Property in Türkiye
The right of inheritance, like the right of property, does not fall within the exceptions in Article 28 of the Act. For that reason, the explanations we have given in respect of the right of property apply in the same way to the right of inheritance. In short, the right of inheritance is a further right that Blue Card holders continue to exercise on an equal footing with citizens.
Since these persons are not made subject to a separate legislative regime when asserting their claims arising from an inheritance, they may exercise their rights within the framework of the rules to which Turkish citizens are subject. Here too it should be noted that, as regards the exercise of inheritance rights, the provisions relating to national security and public order are reserved.
Frequently Asked Questions
May Blue Card holders acquire immovable property in Türkiye?
Yes. It is legally possible for Blue Card holders to acquire a right of property over immovable property in our country.
Do persons who have left citizenship continue to be heirs?
Persons who have relinquished Turkish citizenship may encounter certain restrictions on the acquisition of an inheritance to the extent required by their new citizenship. By contrast, by virtue of the special status afforded to them, they may continue to be entitled to an inheritance in respect of immovable property in Türkiye just as Turkish citizens are.
Do the restrictions specific to foreign nationals apply on the purchase of immovable property?
Persons who were Turkish citizens by birth and lost their citizenship through a permission to renounce, and their children processed together with them, are treated exactly as Turkish citizens are, without being subject to any statutory restriction, when they wish to purchase immovable property.
Is representation by a lawyer mandatory in administrative proceedings?
Save for limited exceptions, there is no obligation to be represented by a lawyer; the position is the same in respect of the administrative courts. However, the technical structure of administrative law legislation and the strict character of the periods in the Administrative Procedure Act may produce consequences that are difficult to remedy where the process is conducted by persons who are not lawyers.
Independent Legal Assessment
In practice, Blue Card holders may from time to time encounter, during the purchase and sale of immovable property or in estate transactions, the procedures applied to persons holding the status of foreign nationals. Yet the legislation has made these persons subject to the same legal regime as citizens as regards property and inheritance. Documenting that position in land registry and civil registry transactions is the most practical way of preventing delay in the process.
The fact that the status conferred by the Blue Card extends to descendants down to the third degree makes the documentation of parentage critical, particularly in estates that include heirs born abroad. In files of this kind, it is preferable for the preparation to be completed before the succession opens.
In a given transaction, it is useful to have regard to the following matters:
- Confirming the validity of the Blue Card and that the identity details in the records are consistent as between the land registry and the civil registry
- Establishing parentage with ascendants by official documents in claims concerning descendants
- Being aware that rights falling within the exceptions — military service, voting and standing for election, entry into public service and duty-exempt importation — are outside the scope
- Assessing the restrictions relating to national security and public order, particularly in the application of military prohibited zones and security zones
- Determining in advance the law applicable where an estate transaction contains a foreign element
Independent Legal provides advisory and litigation services in disputes arising from citizenship status and in immovable property and inheritance transactions.