Foreigners intending to stay in Turkey for more than the visa or visa exemption period or more than 90 days should obtain a residence permit. In relation to this matter, first of all, we would like to briefly indicate the points to be considered when obtaining a residence permit in Turkey.
I. Obtaining Residence Permit in Turkey
Citizens of the countries with visa exemption holding ordinary passports are exempt from obtaining visas to enter and stay in Turkey for 60 days. Additionally, there is a 90-days visa exemption for citizens holding diplomatic passports.
Citizens with ordinary passports who want to travel to Turkey and plan to stay in Turkey for more than three months should apply in person to the Turkish representation offices in their country.
Some of the countries with visa exemption can be exampled as, Russian Federation, Ukraine, Turkmenistan, Mongolia and Uzbekistan.
The points to be considered while applying for a residence permit are given below.
a. Residence Permit Application Process-
Residence permit applications are made to the Provincial Directorate of Immigration Authority in the province where the foreigner resides.
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The foreign natural person can make the application himself/herself or through his/her specially authorized representative. However, even if the application is made by a specially authorized representative, it may be requested that the foreigner be physically present at the relevant Provincial Directorate of Immigration Authority on the appointment date.
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Residence permit applications are made online via “www.e-ikamet.goc.gov.tr”. The relevant online application system is entered with the passport information of the foreign person who will apply for a residence permit. In order to be able to access such system, the foreigner must be physically in Turkey.
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Residence permit applications are generally finalized within 90 days in accordance with Article 21 of the Law on Foreigners and International Protection numbered 6458 (“Law numbered 6458”). The duration of the short-term residence permit will vary from 1 year to 5 years in accordance with the provision referred in the application.
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Before applying for a residence permit, Residence Fee, Residence Permit Book Fee, and Single-Entry Visa Fee must be paid to the Tax Office.
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Within the scope of Article 30 of the Law numbered 6458, residence permits are regulated as (i) Short-term residence permit, (ii) Family residence permit, (iii) Student residence permit, (iv) Long-term residence permit, (v) Humanitarian residence permit, and (vii) Victim of human trafficking residence permit.
b. Long Term Residence Permit
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In order to transition to a long-term residence permit, the following conditions are required; (i) to have uninterruptedly stayed in Turkey based on a residence permit for at least 8 years, (ii) have not received social assistance in the last three years, (iii) to provide adequate and regular income for himself or his family, if any, (iv) to have valid health insurance, (v) not to pose a threat to public order or public security.
Moreover, it has to be noted that, in accordance with the Law numbered 6458, foreigners who hold a work permit can stay in Turkey without obtaining a separate residence permit during their work permit period.
If a foreigner wishes to stay in Turkey without any restrictions, it is also possible to acquire Turkish citizenship. Turkey offers foreign country citizens the opportunity to acquire Turkish citizenship through many different ways, including investment, marriage, adoption and general means. Turkey is preferred by many foreign citizens as it is a country that provides rapid results and convenience in the process of obtaining Turkish citizenship compared to other countries, especially in terms of acquiring citizenship through investment. However, it is possible to become a Turkish citizen without making an investment. You can find brief information about obtaining Turkish citizenship below.
II. Acquisition of Turkish Citizenship
Options to acquire Turkish citizenship by foreigners are as follows;
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Acquisition of Turkish citizenship in a general manner for foreigners who have been residing in Turkey for 5 years without interruption;
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Exceptional acquisition of Turkish citizenship (via investment);
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Acquisition of Turkish citizenship through marriage;
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Acquisition of Turkish citizenship through adoption.
The most rapid way to acquire Turkish citizenship is the exceptional acquisition. According to the latest regulations that govern the acquisition of Turkish Citizenship, foreigners who meet one of the criterions explained herein-below shall be able to apply for Turkish Citizenship:
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i) Making a fixed capital investment in the amount of minimum USD 500,000.00 or the equivalent amount of other foreign currency and determination of such investment by the Ministry of Industry and Technology,
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ii) Purchase of property on the value of minimum USD 250,000.00 or the equivalent amount of other foreign currency and to annotate with Title Deed Registry that the property will not be sold in the following three (3) years and determination of such purchase and annotation by the Ministry of Environment, Urbanization and Climate Change,
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iii) Employment of at least fifty (50) employees and determination of such employment by the Ministry of Labour and Social Security,
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iv) Depositing minimum USD 500,000.00 or the equivalent amount of other foreign currency in banks operating in Turkey and to hold it in the banks for the following three (3) years and determination of such deposit by the Banking Regulation and Supervision Agency (“BRSA”),
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v) Purchase of public borrowing instruments in the value of minimum USD 500,000.00 and holding such for following three (3) years and determination of such purchase by the Ministry of Treasury and Finance,
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vi) Purchase of real estate investment fund participation share or venture capital investment fund participation of at least 500.000 US Dollars or equivalent foreign currency and holding such instruments for three years starting from the date of purchase and determination of such purchase by the Capital Market Board.
Where to apply?
According to related regulations, the foreign investor can apply to one of the below-mentioned authorities:
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Provincial Directorate of Civil Registration and Citizenship,
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General Directorate of Civil Registration and Citizenship Affairs,
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Foreign Representative Offices of Republic of Turkey (Embassy, Consulate General and Consulate of Turkish Republic).
There are also “Private Common Offices” established in Ankara and Istanbul in order to facilitate the application process. Therefore, the foreign investor who has an investment in Ankara or Istanbul can apply to the Private Common Office.
The most common way of investing in Turkey; Purchasing a property.
The foreigners determined by the Ministry of Environment, Urbanization and Climate Change that have purchased a property at least in the amount of USD 250.000,00 or its equivalent of other foreign currency provided that an annotation stating that the property will not be sold for 3 (three) years recorded with the title deed are eligible to apply for Turkish citizenship.
Upon completion of the necessary documents, the relevant land title registry office sends the related documents to the Provincial Directorate of the Land Title Registry and Cadastre for the issuance of the certificate of suitability. In case that the documents are deemed appropriate, the Provincial Directorate of the Land Title Registry and Cadastre will send a “certificate of suitability” via e-mail to the foreign investor or the foreign investor’s attorney. Such certificate shows that the investment made is suitable for applying for Turkish citizenship.
What is the process after obtaining the “certificate of suitability”?
After obtaining the certificate of suitability, the foreign investor should apply to one of the authorities mentioned above on “Where to apply?” to obtain a residence permit which is a prerequisite for applying for Turkish Citizenship.
Once the foreign investor obtains a residence permit, the foreign investor can apply to one of the authorities mentioned above on “Where to apply?” with the citizenship application documents.
After the foreign investor obtains a residence permit, the foreign investor and his/her family members (spouse and the children under the age of 18 as of the date of the decision of the President) are eligible for application to Turkish Citizenship.
III. Advantages of property acquisition by foreigners in Turkey.
Although the acquisition of property by foreigners is subject to certain restrictions in terms of area of the property in square meters, the location of the property and the nationality of the buyer, there are also great advantages provided to foreigners.
Tax concession provided to foreigners who want to acquire property in Turkey; VAT exemption.
As of April 1st 2017, residential or business deliveries made (i) to real persons of foreign nationality who are not resident in Turkey, (ii) to institutions whose legal and business center is not in Turkey, are exempted from Value Added Tax, provided that it is applied on the first delivery of properties constructed as residences or workplaces and the cost is brought to Turkey in foreign currency. It is essential to bring foreign currency abroad by transferring it to a bank in Turkey. In accordance with the latest regulations, in case the foreign currency is transferred to a bank in Turkey, the transfer is documented with a bank receipt.
The explanations/details regarding the application of the exemption added to Article 13 of Value Added Tax Law numbered 3065 are regulated in the Communiqué on Amending the Value Added Tax General Implementation Communiqué with Serial No. 12, published in the Official Gazette dated May 5th 2017 and numbered 30057.
The right to acquire citizenship or residence permit.
Depending on the amount of the property acquired, foreign real persons can obtain a residence permit in Turkey or apply for Turkish citizenship provided that they also meet the other conditions.
For further and more detailed information you may contact us.
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