Turkish Citizenship Application Process by Investment

Turkish Citizenship Application Process by Investment

Acquisition of Turkish citizenship by investment is an application type carried out through using certain investment instruments prescribed by the law, within the scope of the exceptional citizenship provisions of the Turkish Citizenship Law. The first and most important step in this process is to correctly determine which investment instrument will be used to make the citizenship application. Because depending on the type of investment, both the method of making the investment 'eligible for citizenship' and the institution issuing the official document confirming that the investment is completed and meets the citizenship criteria change.

The official document showing that the investment has been carried out in accordance with the citizenship criteria is in practice called the 'Certificate of Conformity'. The government institutions issuing the certificate of conformity differ according to the investment method. For example:

• In investments made by purchasing real estate, the certificate of conformity is obtained through the Land Registry Directorate processes.
• In investments made by holding money in a bank deposit account, the relevant institution for the issuance of the certificate of conformity and the determination of the eligibility of the investment is the BDDK (Banking Regulation and Supervision Agency).
• In investments made through the BES (Individual Pension System), the conformity process and certificate of conformity are managed by the SEDDK (Insurance and Private Pension Regulation and Supervision Agency).

Our office holistically manages all processes, from structuring the investment from start to finish in accordance with the legislation according to the chosen investment method, to making the investment suitable for citizenship criteria, establishing the necessary official records and transaction flow correctly, and finally obtaining the certificate of conformity from the relevant institution.

The most common methods in practice are: purchasing real estate worth 400,000 USD, holding 500,000 USD in a bank for 3 years, or investing 500,000 USD in the BES system and keeping it in the system for 3 years. Although each method has its own technical and administrative requirements, the framework of the citizenship application is generally based on the same logic:

• Making the investment correctly in accordance with the citizenship legislation,
• Obtaining the certificate of conformity,
• Completing the residence permit process for the investor and family members,
• Making the population registry/citizenship application,
• Following up on the completion of the process,
• Completing the identity card/passport procedures after citizenship approval.

Below, the investment processes of purchasing real estate, investing in a bank deposit account, and investing through the BES system, which are the most commonly used methods of citizenship by investment, are explained step by step.

1. Selection of the Investment Instrument and Planning of the Process

The process begins with determining which investment method will be used on behalf of the applicant. At this stage, the investor's country status, family structure, entry-exit plan to Turkey, availability of documents, possibility of transaction with a power of attorney, and financial/operational details of the investment are evaluated together. Once the investment method is selected, the transactions considered as the 'constituent element of the citizenship application' (payment flow, official records, annotations, certificate of conformity application) in terms of the selected method are structured correctly from the very beginning.

1.1. Step-by-Step Process in the Real Estate Purchase Method

• a) Preliminary Examination of the Real Estate (Title Deed and Encumbrance Control)

First, the title deed record and encumbrance record (restriction/annotation/pledge/foreclosure/lawsuit etc.) of the real estate planned to be purchased are examined. This examination is of critical importance in terms of understanding whether the real estate meets the citizenship criteria at the initial stage. If there are records on the real estate that prevent transfer or may risk the application in the future, the process is directed correctly from the very beginning.

• b) Procurement of Valuation Report

One of the most important documents clarifying the suitability of the real estate for citizenship is the valuation report. This report is the basic supporting document for demonstrating the value and qualities of the real estate objectively. Starting the citizenship process without obtaining and evaluating the valuation report may pose a serious risk in practice. Therefore, procuring the report, controlling it, and managing any risks related to the report are managed by our office.

• c) Establishing the Payment Flow in Accordance with Citizenship (Constituent Element)

The most sensitive stage in citizenship applications through real estate purchase is the payment of the purchase price and documenting this payment in accordance with citizenship legislation. Elements such as sending the purchase price to the seller's account, establishing the related foreign exchange purchase certificate and bank records correctly, and sending the money in accordance with the procedures are considered the 'constituent element' of the citizenship application and there is no room for error. Failure to carry out this stage correctly may result in the investment not being usable in the citizenship application even if the investment was made, rejection of the application, or extension of the process. Our office controls the payment flow from start to finish to ensure that transactions are done correctly.

• d) Title Deed Transactions, Annotation, and Certificate of Conformity Application

Following the completion of payments and documents, sales transactions are carried out before the Land Registry Directorate. In terms of the citizenship method, an annotation stating that the real estate will not be sold for 3 years is requested, and subsequently, the certificate of conformity application is made. The preparation time of the certificate of conformity may vary depending on the periodic workload of the Land Registry Directorates, but in practice, it is completed within an average of approximately 2-3 weeks.

1.2. Citizenship Application Process via 500,000 USD Investment in a Bank Deposit Account (3-Year Holding Condition)

In this method, the investor opens a deposit account in their own name at a bank operating in Turkey with at least 500,000 USD or equivalent foreign currency and commits not to withdraw this amount for 3 years. In practice, a 3-year blockage/commitment is established on the relevant amount by the bank, and following the structuring of the investment in accordance with the citizenship criteria, the Certificate of Conformity certifying the suitability of the investment for the deposit method is obtained (the conformity determination process for this method is carried out within the framework of BDDK). Following the procurement of the certificate of conformity, the J-clause residence permit and then the exceptional citizenship application (VAT-4) stage are proceeded to, respectively. The most critical risk in this method is that even though the money has been deposited, the blockage/commitment mechanism is established incorrectly or the money movement cannot be documented correctly; withdrawing the money or lifting the blockage before 3 years violates the investment condition, directly risking the process.

In this method, the lawyer's role does not end at the point where "money is deposited in the bank"; on the contrary, the transaction flow, which is considered the constituent element of the application, must be established and made provable in accordance with the citizenship legislation. Our office makes the investment 'turn into citizenship' safe by coordinating bank selection and account opening, performing money transfer/foreign exchange transactions with the correct method, preparing 3-year blockage-commitment texts and bank correspondences in accordance with the legislation, executing the certificate of conformity process completely, and managing the subsequent residence permit and citizenship application file from a single center.

1.3. 500,000 USD Investment through the BES System (3-Year System Holding Condition)

In this method, the investor joins a BES (Individual Pension System) plan with the "citizenship" annotation through a pension company and deposits at least 500,000 USD or equivalent foreign currency as a contribution. The money flow is managed in accordance with the legislation, usually by depositing the foreign currency into the bank, converting it to TL through sales to the Central Bank (TCMB), and the 3-year period begins from the date the contract enters into force with the transfer of the contribution to the pension company. The Certificate of Conformity/conformity letter confirming that the investment is made in accordance with the citizenship criteria is issued by the SEDDK in this method; after the conformity letter is obtained, the J-clause residence permit and then the VAT-4 citizenship application are made, respectively. In citizenship-purposed BES plans, there are some limitations stemming from the legislation during the first 3 years; especially the inability to transfer to another company, inability to make plan changes, and restrictions related to certain fund types (such as funds containing the phrase "foreign" or "foreign debt instruments" in their title) make the correct planning of the process mandatory. Exiting the system or breaking the commitment before 3 years may seriously risk the citizenship process.

In the BES method, the lawyer's role is to ensure not only that the investment is made financially, but also that the path to the SEDDK conformity letter is established without any problems. Our office offers services including the selection of the pension company and structuring the contract in accordance with the citizenship plan, correct documentation of the bank-TCMB foreign exchange sale process, organizing the contribution to meet the "cash transfer" condition, managing the first 3 years' restrictions clearly and in writing for the investor, filing the SEDDK conformity letter application completely, and integrated follow-up of residence permit and citizenship applications after the conformity letter, from a single source. In this way, the process progresses without being fragmented among different institutions, minimizing time, document, and legislation risks.

2. Post-Conformity Certificate: Preparation of the Citizenship File

After the certificate of conformity is obtained, the documents required for the citizenship application are prepared. Although the list of documents generally has a printed framework, each file may differ within itself due to the applicant's country, the number of family members, special circumstances in the documents, and the practice of the relevant country's representation. While the representations of some countries in Turkey can issue documents with a power of attorney; some representations do not accept powers of attorney or do not issue certain documents. Therefore, file preparation should be handled as "identifying and managing file-specific risks" rather than "submitting a standard list" for each application.

3. Residence Permit Stage (Clause J)

One of the critical stages in practice in the citizenship by investment process is the requirement for the applicant and their spouse, if any, to obtain a valid "Clause J residence permit" in Turkey. The investment made allows the investor and their family to obtain a Clause J residence permit.

An important feature of this application is: the investor and their spouse, if any, must come to Turkey for the Clause J residence permit application. Because in the residence permit process, it is mandatory to process fingerprint data into the Migration Administration system. Therefore, the fingerprint process is completed first, and then the residence permit application is made to the relevant Directorate of Migration Management with the required documents. Spouses must also personally attend the residence permit application.

After the residence permit application is filed, if the person does not have a visa/residence violation in Turkey, in most cases, they may not need to stay continuously in Turkey to wait for the completion of the approval process. Once the residence permit is approved, the next stage is proceeded to.

An important detail to know about the residence permit, which is a prerequisite for the citizenship application, is that while obtaining a residence permit for the investor and spouse is determined as a prerequisite, there is no such condition for children.

4. Citizenship Application (Civil Registry Office / Exceptional Citizenship)

After the residence permit is obtained and the necessary documents for the citizenship application are completed, the citizenship application stage is proceeded to. At this stage, the applicants (excluding children) must be personally present at the Civil Registry Office during the application and sign the necessary documents. In practice, photo shoots of the applicants are taken and fingerprint data is obtained for the second time at this stage. With the submission of the documents, the citizenship application is completed.

The point to be particularly emphasized here is: the applicant and their spouse, if any, must be physically present in Turkey twice during the residence permit and citizenship application stages, participate in the application, and complete biometric procedures (fingerprint/photo). This obligation must be correctly organized at the beginning of the process in terms of travel planning.

4.1. Who Can Be Added to the Citizenship Application? Who Can Acquire Citizenship with a Single Investment?

Who Can Apply?

• Being of age (having completed 18 years of age),
• Having the capacity of discernment,
• Not having any inconvenience in terms of public safety.

Who Can Acquire Citizenship Other Than the Person Making the Investment?

Along with the person making the single investment, the following family members can also acquire Turkish citizenship in the same application file:

• Spouse,
• Children under the age of 18 (age 21 for Egyptian citizens, age 19 for Algerian citizens).

A separate application and separate conditions are required for children over the age of 18.

Who Cannot Acquire Citizenship in This Way?

• Persons under the age of 18 applying alone,
• Persons who are deemed inconvenient in terms of public safety due to clear criminal records,
• Those who do not fulfill this condition according to the routine conditions shown by the legislation even if they have made an investment,
• Those who violate the 3-year holding condition lose their citizenship even if they have acquired it.

Exceptional Cases

In some countries, polygamy is accepted as legal. According to the Turkish Civil Code, polygamy is not accepted as legal and this situation is considered as public policy. Therefore, even if the investor has more than one marriage, only the first spouse can qualify for citizenship; to decide this, the dates in the marriage certificate are examined. However, not the other spouses of persons who have more than one spouse, but the children from their second, third, or fourth spouses are entitled to acquire Turkish citizenship together with the investor.

Another situation encountered is the status of children born out of wedlock. In the Turkish citizenship application, whether children were born within or out of wedlock is of no importance for the application result. Children born out of wedlock also qualify for Turkish citizenship along with the investor. However, in these exceptional cases described above, additional documents are requested. You can find these document types in the "Frequently Asked Questions" section.

5. Completion of the Application and Post-Citizenship Identity / Passport Procedures

The completion time of the citizenship application may vary periodically depending on factors such as the workload of the population registry units, the country status of the applicant, security reviews, and the clarity of the documents. In practice, the average completion time is mostly expressed in the 5-6 month band.

After the citizenship application is approved, application for the Turkish identity card and passport is made for the applicants and family members who have acquired Turkish citizenship, as of the approval date. These applications can be made from civil registry offices in Turkey, and through foreign missions in necessary cases; appointments for these transactions are taken by lawyers. It is recommended for persons to make these applications from the Population and Citizenship Affairs Directorates in Turkey; because the preparation and delivery of identity cards and passports to citizens can take a long time in foreign missions, while it is completed much faster in the General Directorates of Population and Citizenship Affairs in Turkey.

An important aspect to be known at this stage is: the requirement that all of the applicants (including children) must be present at the passport application.

Our Service Scope

Our office manages the process from end to end, including the selection of the investment method, structuring the investment in accordance with citizenship, tapu/valuation/payment flow controls, suitability of investments in BES investments, making payments in accordance with the procedures, structuring and control of contracts in accordance with the procedures, examination and signing of contracts in Bank Deposit Account investments, sending the money to be sent to the bank in accordance with the procedures, arranging the necessary documents, managing the certificate of conformity process, preparing and following up the residence permit application, preparing the citizenship file and organizing the civil registry application, including the identity card and passport application.

Frequently Asked Questions

1) What is the most critical point when selecting an investment method?

The most critical point is making the investment 'eligible for citizenship'. Making the investment alone is not sufficient; the payment flow, official records, annotations, and certificate of conformity process must be correctly established. For example, if a real estate is purchased, the real estate being clean, i.e., not having a legal problem, is one of the most important issues.

2) Why is the certificate of conformity so important?

The certificate of conformity is the document that officially confirms that your investment meets the citizenship criteria. It is the main supporting document proving the investment criterion in the citizenship file.

3) Which institution issues the certificate of conformity?

It differs according to the investment type. Tapu processes in real estate, BDDK in bank deposits, and SEDDK in BES manage the conformity process.

4) Which is the most risky stage in real estate purchase?

The payment of the sales price and documenting this payment correctly is the most critical stage. Since this stage is the 'constituent element' of the application, there is no room for error.

5) Is it mandatory to come to Turkey for the J-clause residence permit?

Yes. Since fingerprint data is processed into the Migration Administration system, the investor and their spouse, if any, must physically come to Turkey.

6) Is it also necessary to be in Turkey during the citizenship application?

Yes. Applicants (except children) must be personally present at the civil registry office, sign, and photo and fingerprint procedures are conducted.

7) How long does the process take?

Although completion times vary periodically, an average of 5-6 months is mostly discussed in practice for most files. The period may extend or shorten based on country situation, security investigations, and clarity of documents.

8) Can all transactions be made with a power of attorney?

Yes, although all transactions can be executed with a power of attorney, due to biometric procedures in residence permit and citizenship applications, the applicant and spouse must physically participate in the processes at least twice. These participations are limited to a few minutes, but the two appointments take place within an average of one week.

9) Where are the identity card and passport obtained after citizenship approval?

Applications can be made from civil registry offices in Turkey or through Turkey's foreign missions depending on conditions.