Citizenship Legislation

T.C MINISTRY OF ENVIRONMENT AND URBANISM
General Directorate of Land Registry and Cadastre Department of Foreign Affairs
Date : 10/12/2018
Number : 36189470-125.01.01- 4016914
Subject : Türk Vatandaşlığı Kanununun Uygulanmasına İlişkin Yönetmelik Hk.
CIRCULAR: 1793, 2018/ 14

The Circular is as following:
Attention:

  • Amendment to the Regulation on the Implementation of the Turkish Citizenship Law, which was decided to be enacted by Presidential Decree No: 106 dated 18.09.2018.
  • Regulation on the Amendment of the Regulation on the Implementation of the Turkish Citizenship Law no. 2016/9601, published in the Official Gazette dated 12.01.2017 and numbered 29946.
  • Regulation on the Implementation of Turkish Citizenship Law No 2010/139, published in the Official Gazette no. 27544 dated 06.04.2010.
  • Article 119300 of the General Directorate of Population and Citizenship Affairs dated 03.10.2018.
  • Article 119807 of the General Directorate of Population and Citizenship Affairs dated 04.10.2018.
  • Regulation on Authorization and Activities of the Banks to Receive Valuation Services for Banks that are published in the Official Gazette dated 12.01.2017 and numbered 29946.
  • The Presidential Decree No. 418 dated 06.12.2018 and published in the Official Gazette No. 30618 dated 07.12.2018.
  • Circular no. 1791 (2018/12) dated 15.10.2018.

As known; interest (a) Decision of interest (c) Old provision in the Regulation: In the event of purchase of not less than 1,000.000 US Dollars to the land registry records, not to be sold for three years, about purchased immovable, the minimum amount of 1,000,000, $ determined by the Ministry of Environment and Urbanization, was changed to US $ 250,000 or equivalent to Turkish Lira. In the same Decision after the effective selling rate stated in the paragraph 6 of Article 20 and / or the cross exchange rate was added. (The value of USD 250.000 will be determined by effective sales rate since the official deed is issued on the basis of Turkish Lira by the Land registry Head Office).

Then, (b) some additions to the following statement in paragraph (b) of the second paragraph of Article 20 of the Regulation “provided after the purchase statement, or the ownership of a condominium or floor easement, at least 250,000 US Dollars or foreign currency or equivalent Turkish Lira amount in advance of the sale of the property contracted by the notary of the contract held for a period of three years with the commitment and will not be canceled It has been annotated to the land registry” clause was added.

In this context, taking into account the relevant dates of the amendments to the Regulation for the realization of the immovable acquisitions made to the land registry offices and the relevant articles (d, e) of the General Directorate of Population and Citizenship Affairs. Transactions will be carried out as follows.

Accordingly;

  • To make a request under sub-paragraph (b) of paragraph 2 of Article 20 of the relevant (a) Regulation, for property purchased between 12.01.2017-18.09.2018, the value of the real estate / immovable property must be at least 1.000.000; The value of the real estate / immovable properties which have been promised to sale in the date of 07.12.2018 and the date of the purchase of the immovable dated 19.09.2018 and the date of the project, must be at least 250.000 USD.
  • An immovable valuation report prepared in accordance with the valuation standards is required to take advantage of the determination of the amount specified in the said article of the Regulation. And the report approved by the valuation body operating under Article II attention (f) of the regulation is requested. In addition, a real estate valuation report showing the market value is requested. The date of issuance of the Valuation report submitted during the acquisition application must be at most three months prior to the application date. Such valuation report shall be deemed valid until the transaction is completed. If a request is made for the completed immovable properties, a real estate valuation report is prepared based on the acquisition date of the immovable.
  • The value of the real property in terms of US Dollars shall be calculated based on the effective sales rate of the Central Bank of Turkey on the date of the transaction. (The effective sales rate of the previous day is taken as the basis if the transaction date has not been announced yet) For immovable purchased in installments and sold after 19.09.2018 The effective selling rate of the Central Bank of the Republic of Turkey on the date of deposit shall be considered, provided that each installment fee is after this date. Installment payments before 19.09.2018 will not be taken into consideration. The sales price in the official bill and the prices in the valuation report should be higher than the prices specified in the Regulation separately.
  • If one or more independent sections are subject to sales commitment in the building of the condominium or floor easement. It is required to certify that the amount deposited in advance is deposited at a minimum of 250.000 US Dollars or equivalent foreign currency or equivalent Turkish Lira after 07.12.2018 as stated in Article 5.
  • Realization of the transfer of the sales fee through the banks in the new applications to be made within this scope; it must be confirmed by bank certified receipts from the buyer account and payment to the seller's account. (These documents must be submitted to the General Directorate until the notification stage)
  • Again, in this context, the immovable property subject to acquisition should not be registered to any foreign real person, including the spouse or children of the person or who has been transferred by the person, his / her spouse, his children or any foreign real person after 12.01.2017.
  • If the immovable to be acquired is subject to mortgages or purchased as a mortgage in determining the value of the mortgage cost by taking the remaining part will be taken into account. The mortgage amount will not be taken into account if the mortgage is cancelled within 5 working days at the latest after the transaction.
  • The immovable property subject to acquisition should not be from the immovable properties registered on behalf of the company in which the real person is the partner or manager of the acquisition.
    In line with all these issues;
      • If there is a demand on the real estate of which acquiring transaction is completed, in other words; interest (b) is effective after the effective date of 12.01.2017 of the Regulation, and interest in the official documents (c) on the immovable related to article 20 of the Regulation, if the registration of the relevant declaration by the owner is requested, the request for registration shall be issued by the title deed of the applied deed and the required declaration shall be made to those immovable statements.
      • When the acquisition process is completed but the price is missing, the official certificate of the new immovable to be taken to complete this fee and the statement of the following shall be written for the previous ones. And this shall be specified in the declarations of the relevant immovable.
    • Requests for immovable within the jurisdiction of more than one Title Deed Directorate shall be met by the title deed office where the application is made within the scope of the legislation pertaining to non-jurisdiction.

Specify Registration:

The following shall be included on the registration request or Title deed to be issued as a result of the applications made through sale: “Under the Article 20 of the By-Law on the Implementation of the Turkish Citizenship Law, I hereby declare that I will not sell these immovable/ properties for three years that I acquired for the purpose of gaining Turkish citizenship.” The following article will be written in the register of the real estate: “Within the scope of Article 20 of the Regulation on the Implementation of Turkish Citizenship Law, there is a commitment to not be sold within 3 years from the date of acquisition / declaration (from the date of declaration if requested by the registration certificate)”

For the applications made through the sale promise, the following statement shall be written in the registration request to be issued: “Under the Article 20 of the By-Law on the Implementation of Turkish Citizenship Law, I hereby declare that I will not transfer or withdraw the contract which was issued for my Turkish Citizenship acquiring for 3 years in order to acquire Turkish Citizenship.” The following statement will be written in the register of the real estate: “Under the Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law, there is a commitment for a period of three years from the date of annulment of the transfer of the sale promise contract and not to be canceled.”

Cancel of specifying:
  • Abolition of applications to be made after the expiration of a period of three years in the declaration made within the scope of the said Regulation;
  • If the demand for cancellation by the owner before the expiration of the 3-year period, the issue of subject matter should be asked to the provincial directorates of the population and citizenship and the procedures shall be directed according to the response to be received.

Transactions on the land where the declaration has been written:

Regarding the acquired properties in this way all kinds of annotations and limited real rights facilities are possible In addition, the results of the transaction made outside the request of the owner during the annotations will be notified immediately to the provincial directorates of the population and citizenship.

Notice of Action:

Since the certificate of conformity to be prepared within the scope of sub-paragraph (b) of the Regulation will be given directly by the Directorate General (Foreign Affairs Department) of Attention (c) the procedures for the requests made must be completed and the following statement must be sent by the title deed after the related statement is processed in the declarations section: Official Title deed, official promissory note, sales promise contract, valuation reports, receipts approved by banks and foreign identity certificate (country ID or passport), address and especially contact information (e-mail, telephone number) with the attached article (without the Regional Directorate) should be sent via EBYS directly to our General Directorate (Foreign Affairs Department) immediately.

Within the scope of Article 20 (b) of the Regulation attention (c) , General Directorate of our company will issue a certificate of conformity on the basis of sales or sales promises for the sale of promissory notes or sales contracts, registration documents and real estate / properties valuation reports and bank approved receipts must be scanned and fully transferred to the TAKBIS environment. (In case of claims made by the registration request, the official certificate of acquisition must be scanned) the circular of interest (h) has been repealed.

Kindly submitted for your information, in accordance with the notification.

According to the provisions of the regulation on the application of the Turkish nationality law dated 11.02.2010 and numbered 2010/139;

Turkish citizenship is acquired in two ways, either by birth or later.

a- citizenship gained by birth Turkish citizenship acquired by birth is acquired spontaneously on the basis of birth or birth place.

A- CITIZENSHIP ON THE BASIS OF PATERNITY

Turkish citizenship, which is earned on the basis of descent, is the citizenship that is acquired by the establishment of the family ties with the Turkish citizen. Upon the notification, Turkish citizenship is gained from birth. A child born in or outside of Turkey who is born or is a father of a Turkish citizen, is a Turkish citizen since its birth. A child born out of a Turkish citizen who is born from a Turkish citizen outside or outside of the marriage union in Turkey gains Turkish citizenship since the birth. A child born out of a Turkish national who is a father of a Turkish citizen or a non-marital union, shall be granted Turkish nationality from the date of birth, in accordance with the provisions of the Law on International Private Law and Procedural Law no 5718.

B- ACQUISITION OF CITIZENSHIP ON THE BASIS OF BIRTH PLACE, APPLICATION AND PROCEDURES TO BE PERFORMED.

A child born in Turkey and whose parents are not certain or are stateless or have no nationality due to national and national laws. gains Turkish citizenship from birth. In the applications concerning the acquisition of Turkish citizenship on the basis of birth, the file consisting of the following documents shall be arranged by the application authorities and sent to the Ministry for decision:

A. REQUEST PETITION FORM.
  • A birth certificate that proves the child was born in Turkey.
  • Birth certificate issued on the basis of birth certificate..
  • The document proving that the child has not earned the nationality of any state due to the mother and father.
  • If the father and mother are stateless, a certificate to prove this situation, if possible.
B- CITIZENSHIP GAINED LATER

The acquisition of Turkish citizenship is only possible after the decision of the competent authority or the adoption or the right to choose.

C- OBTAINING CITIZENSHIP BY DECISION OF THE COMPETENT AUTHORITY

The acquisition of Turkish citizenship by the decision of the competent authority is as follows:

  • Acquisition of Turkish citizenship in general.
  • Exceptional acquisition of Turkish citizenship.
  • Recovery of Turkish citizenship.
  • Acquisition of Turkish citizenship by marriage.
a) Acquisition of Turkish citizenship in general.

The foreigner who wishes to acquire Turkish citizenship may acquire Turkish citizenship by the decision of the Ministry if he / She has the following conditions:

  • If it is stateless according to his / her national law, to have adult and discriminating power according to Turkish Civil Code numbered 4721.
  • To reside in Turkey for five years without interruption starting from the application date to back.
  • To confirm that they decided to settle in Turkey. To acquire immovable property in Turkey, to establish a business, to invest, to transfer the trade and business center to Turkey, to work in a workplace and to confirm with similar behaviors or to marry a Turkish citizen, subject to a work permit, to apply for a family citizenship, to have a mother, father, brother or child who had previously acquired Turkish citizenship or to complete his / her education in Turkey.
  • Not to have a health hazard in respect to general health.
  • Demonstrate a good sense of morality by acting with a sense of responsibility required to live together in the community, to give confidence to the environment with their behaviors, not to have a bad habit contrary to the values of society.
  • To be able to speak Turkish in order to adapt to social life.
  • To have income or profession in Turkey to provide for living off himself / herself and his/ her family.
  • Not to have an obstacle in terms of national security and public order.

Foreigners wishing to acquire Turkish citizenship may also be required to withdraw from their state citizenship in addition to the conditions above. The Council of Ministers is authorized to determine the principles for the use of this discretion.

b) Exceptional acquisition of Turkish citizenship, necessary documents and procedures

  • (1) Foreigners may acquire Turkish citizenship in exceptional cases as referred to in Article 12 of the Law.
  • (2) Upon the written instruction of the Ministry about the foreigner who wishes to acquire the Turkish citizenship in an exceptional manner, a file consisting of the following documents shall be issued by the application authorities:
  • Request petition form.
  • A document indicating the state of the person and a passport or similar document, if he/she is stateless, a certificate to prove it, if possible.
  • The certificate of the marital status and the marriage certificate if married, if divorced the divorce document, the widow's death certificate.
  • A certificate of birth, such as a certificate of birth showing a person's identity or an example of a population registration, and a sample of a population registration that proves the family tie of spouses and their children if they are married.
  • If there are first or second degree relatives of Turkish citizens, the population registration record (Vital record) taken from the system by the application authorities of these persons.
  • If the person does not have the month and date of birth date, the document obtained from the competent authorities of his country for the completion of his date of birth and the signed declaration of acceptance of the transaction pursuant to Article 39 of the Law on Population Services No 5490 in case the document cannot be obtained.
  • A receipt showing that the value of the service has been deposited in the Ministry of Finance.

(3) The completed file is sent to the Ministry for decision.

(4) Applications of persons to be naturalized in accordance with paragraph (b) of the first paragraph of Article 12 shall be taken by the Ministry when deemed necessary and a file composed of documents specified in the second paragraph shall be issued.

c) Recovery of Turkish citizenship

(1) Persons mentioned in the 13th and 43th articles of the Law may regain their Turkish citizenship without having to reside in Turkey in accordance with having no obstacle conditions of national security.

(2) The persons specified in Article 14 of the Law may regain their Turkish citizenship provided that they do not have any form of obstacle in terms of national security and that they reside in Turkey for three years.

d) The acquisition of Turkish citizenship by marriage and the principles to be applied to the application by the applicant authorities

  • (1) Those who meet the requirements of Article 16 of the Law may apply to acquire Turkish citizenship by marriage.
  • (2) Research is made by the applicant authorities about the foreigner applying. As a result of the research, if the following conditions are understood, the application is not accepted:
  • a) has not been married for three years with a Turkish citizen,
  • b) the marriage ends due to reasons such as death before the date of divorce or application,
  • c) the proceedings for any offense have been continued or convicted or detained,
  • ç) cannot submit the requested documents in accordance with Article 26,
  • if these conditions are understood, the application is not accepted and necessary notification is made to this subject.
  • (3) If the spouse of the foreigner who wants to gain Turkish citizenship has gained Turkish citizenship, then the date of acquisition of Turkish citizenship shall be taken as basis in the calculation of the time elapsed in marriage. Necessary documents for application of Turkish citizenship by marriage

On behalf of the foreigner applying for the purpose of gaining Turkish citizenship, the application authorities shall issue the following documents:

  • Request petition form.
  • A vital record registration taken from the system by the Turkish authorities.
  • A passport or similar document showing the state of which the person is a citizen, If he /she is stateless, to obtain a document related to this condition , if possible.
  • Document such as birth certificate or population registration sample showing the person's credentials.
  • If the settlement is in Turkey, the last dated residence certificate.
  • If there is a final court decision about any crime, an approved copy.
  • If the month and day of the birth date are not available, the document issued by the competent authorities of the country for the completion of the date of birth, in the event that the document cannot be obtained, the signed declaration that He/she accepts the transaction pursuant to article 39 of the Population Services Law no. 5490.
  • A receipt showing that the value of the service has been deposited in the Ministry of Finance.