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TURKISH CITIZENSHIP THROUGH REAL-ESTATE SALES BETWEEN FOREIGNERS
Turkish Citizenship through real-estate sales between foreigners, which are frequently asked by foreign investors, is one of the most common methods of obtaining citizenship. It can be said that the process of acquiring Turkish citizenship through transactions between foreigners has been reshaped with the amendments dated 22.03.2021. For this reason, it is important to examine “The Guidelines on The Regulation on The Implementation of the Turkish Citizenship Law” with the amendment dated 22.03.2021.
First of all, when we look at the interpretation of foreigner according to the Guide; In the MERNİS registry, “He gained Turkish citizenship in accordance with article 12, subparagraph b of the Turkish Citizenship Law No. 5901.” it is seen that foreign natural persons with a declaration of interest are also considered as foreigners in this context until their commitments are lifted.
Therefore, the immovables of these persons (if any) without commitment; It is possible to sell it to foreign natural persons or Turkish citizens who do not intend to acquire Turkish citizenship.
However, during the commitment period, it is not possible to acquire Turkish citizenship if it is sold to foreign natural persons who want to acquire real estate for the purpose of obtaining Turkish citizenship.
Because, according to the Guideline with the amendment dated 22.03.2021; If the real estate subject to sale or promise to sell is registered in the land registry on behalf of any foreign natural person, including the spouse and children of the foreign person, it will not be possible to acquire citizenship based on these real estates.
In addition, the immovable(s) subject to the acquisition of citizenship by a foreign national cannot be used for another citizenship process, even if the commitment period has expired.
According to the regulations brought within the scope of the amendment dated 22.03.2021;
- If the real estate subject to sale or promise to sell has been transferred to a Turkish citizen or company by a foreigner with the same nationality or by himself, his wife or children of the foreigner who will acquire the real estate after 12.01.2017; It will not be possible to acquire citizenship based on these immovables.
But; If the immovable subject to sale or promise to sell has been transferred to a Turkish citizen/company by a foreign person of different nationality after 12.01.2017, it is possible to acquire citizenship based on these immovables.
For example; While the immovable that has been transferred to a Turkish citizen/company by a Kuwaiti national after 12.01.2017 cannot be naturalized by being purchased by another Kuwaiti national, it can be purchased by a Pakistani national and used for citizenship procedures.
- 2- If the real estate subject to sale or promise to sell is registered in the name of a company in which the foreign national is the partner or manager of himself, his spouse and children, or in the name of a company with foreign capital in which the same people are partners, it will not be possible to acquire citizenship on the basis of these immovables.
- It has been regulated that if foreign nationals who have acquired Turkish citizenship on the basis of the immovable, transfer the immovable to the previous owners after the 3-year commitment period has expired, or if the promise of sale annotation is deleted at the end of the commitment period and the immovable is transferred to third parties, the citizenship eligibility certificate will be re-evaluated and the Turkish citizenship of these persons will be revoked.
CONCLUSION
To summarize all this information; Sales made between foreigners after 12.01.2017; provided that the same immovable has not been subject to the citizenship process before and after it has been sold by the foreigner to a Turkish real/legal person, it is sold to a foreigner from another nationality.
In addition, even if a foreigner who acquired Turkish citizenship through investment sells his real estate, which is not subject to citizenship, to another foreigner, this sale does not constitute a basis for citizenship. However, sales made after the 3-year commitment period for the acquisition of Turkish citizenship can be subject to citizenship procedures.
