Important updates to the law on obtaining Turkish citizenship through real estate investment

With the real estate investment regulations, some important and significant changes have been made in the procedure for obtaining citizenship.

If the first sales contract of the real estate (known as the "real estate sales promise contract" in Turkish) is used as an investment, each contract must be committed to an investment of $ 400,000, regardless of the number. The property is subject to such a contract, but it is no longer possible to combine several pre-sale contracts in order to apply for citizenship.

The pre-sale and purchase agreement for real estate cannot be used simultaneously with the purchase of real estate. Even if the value of one of the properties is more than $ 400,000, you will no longer be able to apply for citizenship through joint ownership. Only if an investor can use a property to claim citizenship.c

For example, two foreign nationals who buy property worth 800 thousand US dollars with equal shares (400 thousand US dollars each) cannot apply for citizenship. The real estate purchased by a foreign investor for the purpose of obtaining Turkish citizenship should not belong to a Turkish citizen who obtained citizenship through investment, so it is no longer a problem whether he used this property to obtain citizenship before.

The norm today is very different from the previous one. For example, if Ahmed Bey from Egypt bought two properties for 400 thousand dollars for 300 thousand dollars and used the first property for citizenship application, he can sell the other property after three years. For new foreign investors who want to obtain Turkish citizenship while investing in real estate, the new investor will not be able to use the first property belonging to Ahmet Bey, which has already been used to obtain Turkish citizenship.

However, the new rules prevented new investors from using Ahmet's property for citizenship application (because the second property does not equal the required 400 thousand dollars).

Real estate purchased by a foreign investor for the purpose of obtaining Turkish citizenship may belong to a Turkish company if the majority of its shares belong to foreigners, foreign companies or Turkish citizens who have obtained citizenship by investment. You don't have one. This rule is also different from the previous one. Previously, this requirement was valid only if the foreign partner of the company was of the same nationality as the foreign customer. In addition, there are no restrictions for foreign partners who have obtained Turkish citizenship through investment and are considered to be domestic Turkish citizens for the purposes of this rule.

According to the new rules, regardless of the actual nationality of the company's foreign partners and foreign customers, restrictions apply if foreign partners represent the majority of the company's shareholders, and this applies to foreign partners who have obtained it and have not changed, even if they have Turkish citizenship by investment. This means that if a company with foreign shareholders intends to buy / develop and sell real estate to a foreign investor seeking Turkish citizenship, the majority of its shareholders must be Turkish citizens or others; this means that you must be one of the naturalized Turkish citizens who obtained citizenship by road. Meaning.

A foreigner cannot transfer a used property subject to a pre-sale or sales contract to a Turkish citizen / company within the last three years. Purchases arising from a construction contract (”work contract" in Turkish) are an exception to this rule. Real estate ownership "timeshare" ("timeshare" in Turkish) cannot be used in citizenship application. no additional government fees, taxes or fees are calculated as part of your October 400k investment. Pays payable Accordingly, these fees and expenses must be paid separately and should not be included in the basic payment of the seller.

When a foreign investor purchases various real estate for the purpose of obtaining citizenship, the application process should begin with the General Directorate of Land Registry of the region where the majority of these real estate are located. If the General Directorate of Cadastre determines that any of the following points are missing, it cannot cancel the application and must notify the applicant for the completion of the missing points:

The absence of the necessary power of attorney in the power of attorney issued to the applicant's lawyer.
      There is no explanation to the title promising to block sales for 3 years.
      The absence of sales permits for certain categories of real estate subject to sales permits.
      An incomplete payment receipt with the name of the payee or sender for his order.
      Lack of required bank stamp receipts.
      Lack of documents proving the applicant's place of origin.
      Lack of documents proving the applicant's identity.

Get lawyers to represent foreign investors. Among his powers of attorney are "Decertification of all necessary transactions and applications related to the Turkish citizenship law" and "execution of all necessary transactions related to the purchase of real estate and submission of all relevant documents. It is enough to add such a general statement as an action". In the past, some land registry general directorates have created a barrier for applicants by expecting very detailed data in the power of attorney, and the applications of different departments have been inconsistent.

If the original sales contract was used to apply for citizenship, the land registry annotation procedure is facilitated by the inclusion of a clause in the contract stating that "the purpose of the contract is to obtain citizenship". Prevent the sales process for 3 Years. And if this expression is included in the text of the contract, the investor can unilaterally deal with the rest of the actions.

since the beginning of 2022, the authorities have demanded a new type of official document, the currency exchange document ("foreign exchange document" in Turkish). There has been some confusion due to the fact that the foreign exchange certificate is an official document that has recently been entered into the law and the Turkish banking system.

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