For foreign nationals, acquiring ownership of immovable property in Türkiye is not merely an investment choice; it is at the same time a possibility that forms the basis for staying lawfully in the country. The purchase of immovable property of a residential character opens the door to one of the types of short-term residence permit, and that permit is capable of being renewed for as long as the ownership continues.
The process runs on two separate legs. On one side are the conditions arising from the property itself: its character, its value and the manner in which the price is paid. On the other side stands the administrative dimension of the application; an appointment must be created through the e-residence system and an application must be made to the provincial directorate of migration management on the day of the appointment. A deficiency arising in either of these two legs will in most cases frustrate the application as a whole.
Below we examine in detail the conditions to which a residence permit based on the acquisition of a home is subject, the documents that must be submitted, the period for which the permit is granted, and the legal remedies open in cases of refusal of the application and cancellation of the permit.
What Does a Residence Permit Based on the Purchase of a Home Mean?
This type of permit is a category of short-term residence permit afforded to foreign nationals who own immovable property of a residential character in Türkiye. The basis of the permit is that the foreign national holds a right of ownership over a residence in the country.
In order for entitlement to the permit to arise, the immovable property is required to exceed a certain monetary threshold. In provinces with metropolitan status that threshold is applied as USD 75,000, and in non-metropolitan provinces as USD 50,000.
Conditions for Obtaining a Residence Permit Through the Acquisition of Immovable Property
The conditions here may be gathered under two headings. The first concerns the qualities that the immovable property to be purchased must possess; the second concerns the requirements sought by the short-term residence permit generally.
The conditions relating to the immovable property and to the purchase transaction may be enumerated as follows:
- It is compulsory for the price to be transferred to the seller through banking channels; payment in cash or similar unofficial methods of payment are not regarded as valid. The bank receipts relating to the payment are produced to the relevant Land Registry Directorate.
- The foreign currency corresponding to the price of the residence is first sold to the Central Bank through a bank; the amount obtained from that transaction is deposited into the seller’s account.
- The immovable property to be acquired is required to be registered as a residence in the land register. Immovable property of the character of land, a warehouse, a shop and the like does not form a basis for this permit.
- The value of the immovable property must be a minimum of USD 75,000 in metropolitan provinces and a minimum of USD 50,000 in the other provinces.
- Since obtaining a valuation is made compulsory in sales to foreign nationals, the seller must request a valuation through the Webtapu system. The value established in the valuation report to be drawn up must come out above USD 75,000 in metropolitan provinces and above USD 50,000 in the other cities.
- Whether the quota for foreign nationals is full must be checked in advance in respect of the neighbourhood in which the immovable property is situated; it is inadvisable to make a purchase in a neighbourhood where the quota has been completed.
- If it is intended that the spouse and children should also benefit from the permit, their names must appear in the land registry record.
These items focus on the qualities of the immovable property and on the procedure of the transaction. By contrast, since the permit in question is a sub-type of the short-term residence permit, the general conditions of the short-term residence permit must also be satisfied in addition to the above. For the details of the general conditions, our study on the short-term residence permit may be consulted.
The USD 75,000 Threshold in Metropolitan Provinces and the USD 50,000 Threshold in the Other Provinces
Whether the request for a permit can be met depends on the value attributed to the immovable property exceeding the lower limit provided for in the legislation. The minimum amount sought is USD 75,000 in metropolitan provinces and USD 50,000 in provinces outside the metropolitan category.
That value is determined not by the declaration of the buyer or the seller, but by an official assessment. It is by the person in the position of seller requesting a valuation report through Webtapu that the value of the residence is officially established.
How the Valuation Is Carried Out
The valuation application is made through the Webtapu system, and that application must be carried out by the person who is to sell the immovable property. It is not possible for the buyer to submit this request in his or her own name.
How Is the Application Made?
The permit is obtained by acquiring a residence meeting the value threshold and then making a request for a residence permit. Both the application and the creation of the appointment are conducted through the e-residence website.
Following the transaction carried out through the system, a day of appointment is allocated to the foreign national. On the date determined, the foreign national completes the file by applying to the provincial directorate of migration management with the documents requested. The documents that must be submitted are set out separately under the heading below.
For the general framework relating to all types of residence permit and to the stages of obtaining them, our study entitled how a residence permit is obtained may be examined.
Who May Benefit from the Permit?
The permit is afforded first and foremost to the person who purchases the residence. Where co-ownership in shares or joint ownership over the immovable property is in issue, members of the family may also benefit from this permit. However, the ability of family members to obtain the permit depends on their names appearing in the land registry record.
Documents Required for the Application
The documents that must be submitted in a request for a residence permit based on the acquisition of a residence are as follows:
- The residence permit application form completed through the e-residence system
- The valuation report establishing that the residence meets the minimum value
- A copy of the title deed relating to the immovable property
- An income declaration establishing income sufficient to provide for subsistence
- The receipts and bank slips showing that the residence permit fee and the cost of the card have been paid
- A health insurance policy in force
- 4 biometric photographs
- The original and a photocopy of the passport or of the document replacing the passport (it must be current and valid for at least 1 year)
- A document showing that registration in the address registration system has been made
- The title deed continuation certificate to be obtained from the Land Registry Directorate
- The street numbering certificate
The documents that foreign nationals must have with them when attending the land registry directorates for the acquisition of immovable property are, for their part, different. At that stage an identity document or passport is produced. In the case of foreign nationals whose acquisition of immovable property is tied to a residence permit, the residence certificate issued by the relevant police directorates is also sought. Where the transaction is conducted by a representative on the basis of a power of attorney drawn up abroad, the original or a certified copy of the power of attorney must be submitted together with its translation.
NOTE: Documents drawn up in a foreign language must be provided together with a notarised translation. If the document is official in character, it is required to have been certified by the Turkish consulate in the country of which the foreign national is a citizen, or to bear an apostille affixed by the competent authorities.
For How Many Years Is the Permit Issued?
The permit granted to foreign nationals who own immovable property in Türkiye is issued for a period of at most 1 year on each occasion. So long as the residence is not transferred to a third party, there is no numerical limit on the renewal of the permit.
As regards the upper limit of the period, an inconsistency in the legislation is striking. Whereas the Law on Foreigners and International Protection No. 6458 provides that this permit may be granted for a maximum of 2 years, the Regulation on the Implementation of the same Law has set the maximum period at 1 year. In practice it is observed that the administration predominantly issues permits of 1 year.
Time to Conclusion
Following the completion of the application, the issue of the permit generally takes between 1 and 1.5 months.
Costs and Legal Fees
As at 2023, the costs of the process of obtaining a residence permit based on the acquisition of a residence stand at a total level of approximately TRY 8,000, made up of TRY 2,000 in notary expenses, TRY 3,000 in health insurance and TRY 3,000 in the residence permit fee.
Selling or Letting the Immovable Property Acquired
The sale or letting of the immovable property forming the basis of the permit is not prohibited in law. That said, since this type of permit also requires that the residence be actually lived in, the immovable property must not be let. Where it is established that the residence has been sold, let or otherwise disposed of, the residence permit is cancelled.
The Position in Cases of Co-Ownership
The fact that the immovable property belongs to more than one person does not constitute an obstacle to obtaining the permit. This matter has been made the subject of an express provision in Article 28(3) of the Regulation on the Implementation of the Law on Foreigners and International Protection No. 6458. In that event, however, the permit will be afforded to only one of the co-owners.
A foreign national holding the capacity of co-owner in shares or joint owner of the residence may likewise request a short-term residence permit. Where the co-owners are not family members of the foreign national making the application, only one of the owners may make the application for a permit based on the immovable property. If the other owners are also foreign nationals and wish to reside in Türkiye, they must turn to other types of residence permit appropriate to their situation.
Refusal of the Application
The failure to satisfy one of the conditions sought, the existence of a deficiency in the documents in the file, or the failure to remedy that deficiency within the period allowed, results in the refusal of the application. In addition, the existence of a deportation decision in respect of the foreign national, or the person’s presence in Türkiye being regarded as objectionable in terms of national security, public order or public health, is also a ground of refusal.
Objection and Action for Annulment Against a Decision of Refusal
A foreign national met with a decision of refusal has two routes before him or her: to lodge an objection with the competent administrative authority, or to bring an action for annulment.
An objection may be lodged within 60 days, running from the day following the day on which the decision was notified. The authority to which the application is made is the provincial directorate of migration management within the governorship or the Directorate General of Migration Management. Pursuing the route of objection suspends the period for the action for annulment; when the objection is concluded, the suspended period resumes from where it left off and the action may be brought within the remaining period.
The action for annulment may be brought directly, or equally after the objection has been refused. The period for bringing the action is 60 days from the day following notification of the decision. The court with subject-matter and territorial jurisdiction is the administrative court of the place where the provincial directorate of migration management that made the decision is situated.
All the details of the routes of objection and of the action for annulment may be found in our study entitled the refusal of a residence permit request.
The process to be pursued against a decision of refusal contains a great many procedural steps and time-bound stages. Compliance with the periods provided for in the legislation and the grounding of the pleadings on a sound legal basis are decisive; otherwise a further refusal of the applications becomes inevitable. For this reason it will be appropriate to obtain support from the outset of the process from a lawyer experienced in the field of immigration law.
Cancellation of the Permit
Cancellation arises where the conditions sought in the legislation have not been satisfied at all, or where they subsequently disappear.
The grounds of cancellation may be enumerated as follows:
- The subsequent disappearance of at least one of the general conditions of the residence permit
- The subsequent emergence of a deficiency that existed at the moment the permit was granted but was not noticed at that stage (had the deficiency been established from the outset, the permit would never have been granted; where it is discovered later, the permit is cancelled)
- The establishment that the residence forming the basis of the permit has been sold or let
- The discovery that the permit was obtained through the use of untrue or forged documents
Remedies Against a Decision of Cancellation
Where a permit based on the acquisition of immovable property is cancelled, the routes of objection and of the action for annulment are likewise open. Since the operation of these routes is the same as that explained above in relation to a decision of refusal, the subject will not be addressed again here.
The Extension Application
The extension of a residence permit based on immovable property is requested through the e-residence system, from the point at which 60 days remain until the expiry of the existing permit and before that period expires.
The transaction carried out through the system is in the nature of a preliminary application. Following the preliminary application, the administration notifies the person concerned of a day of appointment. On the day and at the time determined, the applicant completes the file by attending the provincial directorate of migration management with the necessary documents.
At the following stage the provincial directorate of migration management assesses the request. Where the conditions continue to be present and the documents have been submitted complete, the application is accepted. If there is a deficiency in the documents, a period is allowed for it to be remedied. Where there is a deficiency in the conditions, or where the deficiency in the documents is not remedied within the period allowed, the request is refused.
Which documents will be requested is addressed under a sub-heading below. For more comprehensive information on the extension procedure, our study entitled the extension of a residence permit may be consulted.
Documents Sought on Extension
The documents that must be submitted with an extension request are as follows:
- The residence permit application form bearing the signature of the foreign national and/or of his or her legal representative, together with a notarised copy of the passport or of the document replacing it
- 4 photographs
- An official document, signed or bearing an electronic signature and sealed or stamped, establishing that the residence belongs to the applicant (the title deed)
- The residence permit document based on immovable property currently in use
- A declaration that regular and sufficient financial means are available throughout the period of the stay
- Health insurance that remains valid
NOTE: Under the previous practice it was regarded as sufficient for the documents to be transmitted to the provincial directorate of migration management by post. With the new arrangement it has become compulsory for the documents to be taken to the provincial directorate of migration management in person on the day of the appointment.
Refusal of the Extension Application
The principal circumstances in which an extension request is refused are as follows:
- The disappearance of the conditions taken as the basis of the permit
- The immovable property having been disposed of, that is to say sold
- The extension request not having been transmitted within the period provided for
- The request having been made with incomplete documents and that deficiency not having been remedied within the period allowed by the administration
Where an extension request is refused, it is likewise possible to lodge an objection with the administration and to bring an action before the administrative court.
Objection and Action for Annulment Against the Refusal of an Extension
Against the refusal of an extension request the route of objection may be pursued, and an action for annulment may equally be brought. Since the manner in which these possibilities are exercised coincides with what was explained above in relation to the refusal of the application, the subject will not be explained again in order to avoid repetition.
Costs of an Extension
The 2023 costs of the extension process are in the region of TRY 8,000, made up of approximately TRY 2,000 for the notary, TRY 3,000 for health insurance and TRY 3,000 in residence permit fees.
Conclusion
In a residence permit based on the acquisition of immovable property, both the initial application and the extension stage involve strictly defined procedural steps and periods that are preclusive in nature. Skipping those steps or missing the periods results directly in refusal. Although the routes of objection and of the action for annulment are open against a decision of refusal, it is recommended that support be obtained from a lawyer specialised in the field of immigration law in order to achieve the expected outcome through those routes and to conduct the process soundly.
Independent Legal Assessment
A significant part of the problems encountered in applications for a residence permit based on the acquisition of immovable property arises not at the permit stage but at the purchase stage. Deficiencies such as the valuation report not being requested by the seller, the price being paid otherwise than through a bank, or the obligation to convert the foreign currency being overlooked, may become impossible to remedy once the transfer of the title deed has taken place. For this reason the process must be planned well before the residence permit application, at the stage of selecting the immovable property and of the contract.
The second critical point is the continuity of the permit. Since letting or transferring the residence leads to the cancellation of the permit, it must be determined from the outset how the immovable property will be used during the period of the permit. Where the window for the extension application is missed, no option remains other than a fresh application.
The headings to be given priority in a particular file are as follows:
- Verifying, before the transfer, that the character of the immovable property is registered as residential in the land register
- Checking the quota for foreign nationals in the neighbourhood in which it is situated before the decision to purchase is taken
- Making the payment through banking channels and keeping the bank slips and foreign currency sale documents in full
- Ensuring that the names of family members appear on the title deed where it is intended that they too should benefit from the permit
- Making the extension application in good time within the window that opens 60 days before the expiry of the permit
- Entering in the calendar the 60-day period that runs from notification of a decision of refusal or cancellation, and taking into account the suspensive effect of an objection on that period
Independent Legal provides advisory services in the acquisition of immovable property by foreign nationals in Türkiye and in the related residence permit processes, from the stage of pre-purchase legal examination to the administrative applications and court proceedings to be pursued against decisions of refusal and cancellation.