The circumstances in which Turkish citizenship may be acquired, and the manner of its acquisition, are governed by the Turkish Citizenship Act No. 5901. Where the conditions laid down in the Act are satisfied, citizenship may be acquired subsequently. One of the routes to subsequent acquisition is the making of one of the investments listed in Article 20 of the Regulation on the Implementation of the Turkish Citizenship Act. Foreign nationals who make these investments may become Turkish citizens by decision of the President. One important point must nonetheless be underlined: completion of the investment does not mean that citizenship is acquired automatically. The administration enjoys discretionary power in granting citizenship, and it may refuse the applications of persons found to present an obstacle in terms of national security or public order.
The scope of the investments that may form the basis of citizenship is set out in Article 20 of the said Regulation. Under that provision, the foreign spouse of the investor and the minor or dependent foreign children of the investor and of the spouse may also acquire Turkish citizenship together with the person making the investment.
The Three Core Conditions of the Application
Citizenship through investment requires three conditions to be met together: the making of one of the investments listed in the Regulation, obtaining a short-term residence permit pursuant to Article 31(1)(j) of the Law on Foreigners and International Protection No. 6458, and applying to the competent authority with a request for citizenship. Persons who complete these three stages may become Turkish citizens by decision of the President.
Making the Investment and Obtaining the Certificate of Conformity
The first link in the process is the making of one of the investments defined in the Regulation and obtaining a certificate of conformity from the relevant authority. Persons who make the investments we examine in detail below are issued a certificate of conformity by the authority responsible for supervising that investment. This certificate constitutes the preliminary stage of the citizenship application. The Regulation provides for seven separate types of investment, and the scope and amounts of these investments are determined by the President.
Obtaining the Short-Term Residence Permit
The second condition is obtaining a short-term residence permit within the scope of Article 31(1)(j) of Law No. 6458. The conditions for granting this permit are governed by Article 32 of the same Law. Accordingly, in order for a short-term residence permit to be granted, the applicant must;
- make a request relying on one or more of the grounds listed in Article 31(1) and submit the information and documents relating to that request,
- not be among the foreign nationals who are to be refused entry to Türkiye,
- have accommodation meeting general health and safety standards,
- submit, if requested, a criminal record certificate issued by the competent authorities of the country of which the applicant is a national or in which the applicant lawfully resides,
- declare the details of the address at which the applicant will stay in Türkiye.
For further details on the short-term residence permit, our note entitled “How Is a Residence Permit Application Made? What Are the Application Requirements?” may be consulted. An investor who satisfies the conditions may apply for citizenship once the short-term residence permit has also been obtained.
Filing the Citizenship Application
Investors who have obtained the certificate of conformity and the short-term residence permit must apply, together with the required documents, to the İstanbul or Ankara offices of the Presidency of Migration Management. Upon the written instruction of the Ministry of the Interior, the receiving authorities compile a file containing the documents required for the application. The completed file is forwarded to the Ministry of the Interior for a decision. The Ministry submits to the President those persons in respect of whom it establishes that there is no obstacle in terms of national security and public order; citizenship is then acquired by decision of the President.
A point that should be emphasised is that, where the investor acquires citizenship, the spouse and the minor or dependent foreign children of the investor or of the spouse may also become Turkish citizens. For family members to benefit from this right, it is sufficient that the investment be made by a single person; a separate application must nonetheless be filed on their behalf as well.
Types of Investment That May Form the Basis of Citizenship
Fixed Capital Investment
Persons determined by the Ministry of Industry and Technology to have made a fixed capital investment of at least USD 500,000 or the equivalent in foreign currency may acquire citizenship by this route. The details of the investment have been determined by the Ministry. Accordingly, a fixed capital investment may be made by purchasing a company that is not publicly held in its entirety, or by acquiring a shareholding in a company at a given rate. In every case, the amount corresponding to the shareholding acquired by the foreign investor must be at least USD 500,000 or the equivalent in foreign currency. Immovable property and vehicles unrelated to the company’s direct field of activity are not included in the calculation of the fixed investment amount. Persons who qualify for citizenship by this route may not transfer their shares in the company to any other person for at least three years following the issue of the certificate of conformity.
Acquisition of Immovable Property or a Promise to Sell Agreement
A person who purchases an immovable property worth at least USD 400,000 or the equivalent in foreign currency, with an annotation entered on the title deed that it will not be sold for three years, may obtain the right to citizenship. Transfer of ownership is not, however, a mandatory route; the same result may also be achieved by concluding a promise to sell agreement for immovable property. For this, condominium ownership or a construction servitude must have been established over the property. In addition, the amount of at least USD 400,000 or the equivalent in foreign currency must be paid in full in advance and an undertaking that no transfer or cancellation will take place for three years must be annotated.
Creation of Employment
Persons determined by the Ministry of Labour and Social Security to have created employment for at least 50 persons may acquire Turkish citizenship.
Holding a Deposit with a Bank
Persons determined by the BRSA to have deposited at least USD 500,000 or the equivalent in foreign currency with banks in Türkiye and to have undertaken to keep it there for three years may obtain citizenship. The amount in question need not be held in a single account; it may also be spread across different accounts. Indeed, when assessing whether the condition has been satisfied, the total deposits in all accounts opened with banks in Türkiye are taken as the basis. It is therefore sufficient that the total reaches USD 500,000 or the equivalent in foreign currency.
Purchase of Government Debt Instruments
Those who purchase government debt instruments worth at least USD 500,000 or the equivalent in foreign currency, on condition that they hold them for three years, may apply for citizenship. There are nine types of government debt instrument that may be the subject of such an investment: Government Domestic Debt Securities, Liquidity Bills of the Central Bank of the Republic of Türkiye, Financing Bills, Bank Bills, Asset-Covered and Mortgage-Covered Securities, Asset-Backed and Mortgage-Backed Securities, Revenue-Indexed Securities, Revenue Sharing Certificates and Private Sector Bonds. Persons who invest in these instruments and hold them for three years acquire the right to apply.
Acquisition of Investment Fund Units
A person who purchases units in a real estate investment fund or a venture capital investment fund worth at least USD 500,000 or the equivalent in foreign currency and holds them for a minimum of three years may apply for citizenship. The details of the investment have been regulated by the Capital Markets Board. Accordingly, in order to qualify, the investment in question must be maintained without interruption for three years from the date on which the minimum amount condition is satisfied. In this context, the units must not be reduced through sale, transfer or similar transactions by the will of the investor. By contrast, a fall in the value of the units below USD 500,000 owing to a change in the exchange rate does not affect the application or the acquisition. Nor is the minimum investment condition regarded as lost where a reduction occurs in the value of the investment or in the number of unit certificates independently of the investor’s will. Where an encumbrance restricting the right of ownership exists over the units, however, the condition of uninterrupted holding for three years is deemed not to have been satisfied.
Contribution to the Private Pension System
Another of the investment options is an investment in the private pension system. Persons who transfer at least USD 500,000 or the equivalent in foreign currency into the private pension system and leave that amount in the system for three years may apply for citizenship. The details of the investment are determined by the Insurance and Private Pension Regulation and Supervision Agency.
Documents Required for the Citizenship Application
The documents that must be submitted in an application for Turkish citizenship through investment are as follows:
- Turkish citizenship application form and petition
- A passport or equivalent document establishing of which State the applicant is a national
- The applicant’s birth certificate and civil status certificate
- A full civil registry record extract
- 2 biometric photographs
- The title deed or documents evidencing that the investment has been made
- The immovable property valuation report
- The receipt for the fee paid to the treasury office
Documents Required for a Certificate of Conformity on the Employment Route
Turkish citizenship may also be acquired by creating employment. For this route, employment must have been created for at least 50 persons and an application must be made to the Ministry of Family, Labour and Social Services with the following documents:
- Employment information form
- A signature declaration drawn up before a notary in the applicant’s name
- The applicant’s passport together with its Turkish translation
- 4 biometric photographs
- Trade Registry Gazette records setting out the shareholding and capital shares of the company or companies employing at least 50 Turkish citizens
- A currently dated Trade Registry Certificate
- The Workplace Employee List obtained from the Social Security Institution (SGK), showing the Turkish citizens insured and employed at the workplace of which the applicant is the owner or a shareholder
- A currently dated letter from the Revenue Administration showing whether the same workplace has any tax debt
- A letter from the Social Security Institution (SGK) setting out the social security premium debt status of the same workplace
- Letters and documents concerning whether an administrative fine has been imposed on the workplace within the last 6 months in the course of administrative inspections
The Course to Follow If the Application Is Refused
Citizenship applications by foreign nationals who satisfy the conditions explained above are examined and decided by the administration. In some cases the administration may refuse such requests on various grounds. The basis of a refusal may be a failure to satisfy the conditions required by the legislation, or an application made with missing or incorrect documents, and the decision may equally have been taken within the framework of the administration’s discretionary power.
Whatever the ground relied upon, a foreign national whose application is refused may bring an action for annulment if they consider that decision unlawful. Since a refusal decision is an administrative act, it is subject to judicial review. For a foreign national whose request has been refused, the procedure is as follows:
- An action for annulment may be brought directly before the administrative courts within 60 days of notification of the refusal decision, without any application to the administration.
- Before bringing an action, it is possible to make an administrative application, again within 60 days, requesting that the decision be revoked; such an application suspends the time limit for bringing an action that has begun to run.
- If no response is given to the administrative application within 30 days, the request is deemed to have been refused; an action for annulment may also be brought where the application is refused.
- In terms of subject-matter jurisdiction, the competent court is the administrative court pursuant to Article 1 of the Administrative Procedure Act No. 2577. Territorial jurisdiction lies with the administrative court in the place where the administration that refused the application is located.
- The action must be brought within 60 days from the date on which the refusal decision was notified to the person concerned; actions brought after that period has expired are dismissed by the judge of the court’s own motion.
For details on objections to administrative acts and actions for annulment, our note entitled “Objections to Administrative Acts and the Action for Annulment” may be examined.
Frequently Asked Questions
Is representation by a lawyer mandatory before the administrative court?
Turkish law allows parties to defend and represent themselves in person before the court; save for certain exceptions, there is no obligation to be represented by a lawyer. No such obligation is laid down for the administrative courts either.
That said, the complex structure of administrative law legislation and the short and strict time limits in the Administrative Procedure Act may, where the process is conducted by persons who are not lawyers, lead to errors of procedure and substance that cannot be remedied. In order to avoid any loss of rights in administrative proceedings, which involve detailed rules, it is advisable to obtain assistance from lawyers practising in the field of administrative law before taking any step.
Must those who acquire citizenship subsequently perform military service?
This matter is governed by Article 43 of the Military Recruitment Act No. 7179. Under that provision, those who acquire Turkish citizenship subsequently perform their military service in the same way as conscripts who reach military age in that year, on the basis of their age and educational status on the date they acquired citizenship. By contrast, those who document that they performed military service in the country from which they came, and those who are aged 22 or over when they are naturalised, are deemed to have performed their military service and are exempted from it.
Does the number of immovable properties matter?
In acquiring citizenship by purchasing immovable property or by concluding a promise to sell agreement for immovable property, there is no restriction as to the number of properties acquired. What is decisive is the amount: a person who purchases immovable property worth at least USD 400,000 or the equivalent in foreign currency, with an annotation entered on the title deed that it will not be sold for three years, may qualify for citizenship.
Does citizenship pass to the spouse and children?
As a rule, in cases of subsequent acquisition of citizenship, that status does not extend to the spouse. Acquisition through investment is, however, exceptional in character; on this route the spouse of the person acquiring citizenship, and the minor children of that person or of the spouse, also become Turkish citizens.
How long does the process take?
The most important responsibility falling on the applicant, so that the application may be completed within a reasonable time, is to submit the required documents in full. Where the documents are submitted in full, the process is concluded on average within 4 months to 1 year.
Can a fresh application be made if the application is refused?
The refusal of a request for citizenship through investment does not mean that this route is permanently closed. If the conditions required by the Act are satisfied at a later date, the same procedure may be run again and a fresh application may be made.
Can the formalities be carried out without coming to Türkiye?
Obtaining the certificate of conformity, applying for the short-term residence permit, collecting the residence permit card and submitting the information and documents required for the citizenship application may all be completed without the foreign national needing to enter the country. For this, a special power of attorney must be drawn up and this point must be expressly stated in it.
Independent Legal Assessment
The most frequent misconception in the citizenship-through-investment process is the belief that completing the investment guarantees the outcome. In fact, meeting the thresholds in the legislation gives rise only to the right to apply; the final decision rests with the President, and the Ministry of the Interior’s assessment of security and public order plays a decisive role in the process. For this reason, a comprehensive review of the applicant’s profile and documentary position before the investment decision is taken prevents losses that are difficult to remedy later.
The second critical heading is the three-year holding obligation attaching to the investment. The transfer of shares, the disposal of the immovable property or the creation of an encumbrance over the units may render a status that appears to have been acquired open to challenge. In concrete files, the matters to be given priority are as follows:
- Assessing in advance whether the type of investment to be chosen is compatible with the applicant’s financial structure and with the three-year commitment
- Documenting the valuation report and the flow of payments so that the required minimum amount is established beyond doubt
- Drafting the annotation to be entered on the title deed and the undertakings in the promise to sell agreement in conformity with the legislation
- Planning the timing between the short-term residence permit and the citizenship application
- Not overlooking the need to file separate applications for the spouse and children
- Correctly calculating the 60-day time limit for bringing an action in the event of a refusal, and the suspensive effect of an administrative application
Independent Legal advises foreign investors throughout their citizenship processes, from structuring the investment to obtaining the certificate of conformity and, where necessary, conducting proceedings before the administrative courts.