Common Problems Related to Turkish Citizenship by Investment

Since September 2018, Arab investors have shown great interest in acquiring Turkish citizenship by investment. Only during the past year, about 10,000 investors obtained a. This, face, primarily leading to applicant's investor's actual This is legally acceptable if investor Some investors recommended working Turkish passport in this way, and this interest has not diminished, as many are still applying for citizenship every month since the beginning of 2021.

Although the number of foreign investors interested in Turkish citizenship by investment is still very high, unfortunately, the procedures have become more difficult recently, and applicants face various new problems. Some of these problems may seem ridiculous to applicants, and they may accuse their attorneys of extending the application process and creating surprising obstacles. But in fact, most of these problems arise primarily because of the inconsistent practices of the Turkish public authorities and not because of the mistakes of lawyers.

Of course, some amateur or dishonest lawyers or brokers get their clients in trouble, but this is not the leading cause of the current problems. Instead, the main problems are the repercussions of the coronavirus pandemic on public institutions, some structural changes in Turkish immigration and citizenship offices, and misleading data provided by some former investors that made the Turkish authorities more cautious (e.g., submitting real estate price valuation reports that can easily be manipulated).

Common problems while applying for Turkish citizenship that foreign investors can face and take care of

The most common problems:

1- As it is known, the payment of the amount due for the investment, which will be used to apply for citizenship, must be made by bank transfer from the investor's account. This is legally acceptable if the foreign investor provides a power of attorney (authority) to a third party to pay the amount due on his behalf.

The only conditions in this case are:

A power of attorney must be granted before the amount is paid
The actual investor's name must be clearly stated on the bank transfer statement. Unfortunately, some property registry offices in Turkey refuse such receipts even though it is not in their power to do so. In such cases, the investor's attorney should insist that the receipt is legally sound and that the office officials are wrong. Working with experienced attorneys who know how to deal with title deeds registry offices is recommended because their procedures differ from one branch to another.

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2- The full name of the investor should be written as it appears in the passport on the bank receipt because forgetting any word may lead to the rejection of the application.

3- If the investor invests in real estate that exempts him several from value-added tax (VAT), the investor or his representative (lawyer or real estate broker) must obtain several documents from the Turkish Tax Department. For an investor representative to apply to receive this document on his behalf, the type of power of attorney should be mentioned explicitly in the official document submitted to the authorities.

4- The investor should ensure that the real estate price appraisal report was prepared by an expert or a specialized company with experience. We have seen many problems, sometimes fraud, due to reports by unauthorized or incompetent experts or companies. Making any mistake may affect the chances of approval of the application.

5- The marriage document (or the marital status document if the investor is not married) is one of the documents required to apply for citizenship. Other required documents are copies of the passport and birth certificate. However, the Turkish citizenship office currently requires that the three documents be issued by one country, although there is no legal basis for such a procedure. This additional application constitutes one of the significant challenges foreigners face in obtaining Turkish citizenship.

One of the most pressing problems we are working on is the issue of investors who got married in a country other than their country of origin, and this problem still exists, at least for the time being!

6- Turkish embassies and consulates in some countries do not accept the issuance of an official power of attorney regarding the citizenship application. In those countries, applicants must issue a power of attorney from the local authorities and then have it translated and verified by the Turkish embassy or consulate. However, each country may have different standards for the issuance of a power of attorney. Therefore the power of attorney's immediate standards may sometimes not correspond to the standards expected of the relevant Turkish authorities.

To ensure compliance with applicable standards, it is highly recommended that investors hire a Turkish lawyer to verify a power of attorney issued by the local authorities. It is also highly recommended to have a lawyer in contact with the Turkish embassy or consulate immediately.

7- Children of investors may be underage at the time of application submission. Still, they may reach a legal majority (usually more than 18 years) between submission and termination of the application.

These children retain the right to citizenship with their parents as long as two more documents are submitted immediately after completion; therefore, investors tare the main application. Investors and their attorneys should exercise caution and not skip this additional requirement. To avoid wasting time, the applicant can prepare these documents in advance.

8- It must be noted that if the children of investors are born outside of marriage, they are not entitled to obtain Turkish citizenship with the investor. In my opinion, this practice contradicts the main foundations of the Turkish Nationality Law and should be changed, but the problem remains, at least for now.

9- During the application process, foreign investors must apply for an exclusive residence permit for investors before they can apply for citizenship. Although the rules in force in Turkey require that the applicant for a residence permit be residing in Turkey at the time of submitting a residence permit application, it is only in this type of residence permit application that investors do not have to be in Turkey, and their lawyers can submit applications on their behalf. However, the investor's family members do not enjoy this privilege, although they also have the right to obtain the investor's residence permit.

Investors usually do not need their family members to obtain this residence permit because it is only a temporary stage before they become Turkish citizens. But in some exceptional cases, investors may require their family members to obtain an investor residence permit as well (for their children to attend international schools in Turkey that are not allowed for Turkish citizens). In such cases, unfortunately, family members have to come to Turkey while applying for a residence permit. Therefore, I think the same privilege for the investor should be given to his family members.

10- If the Syrian investor who enjoys temporary protection status in Turkey wants to apply for Turkish citizenship through investment, this investor will have to leave Turkey a second time and re-enter Turkey before applying for the residence permit of the investor mentioned above. This is an entirely unnecessary burden on the applicant, and we are pushing to have it withdrawn. But at least for now, the problem is still there.

11- In some passports, such as Iranian and Yemeni passports, the national nationality of the passport holder is not written. Therefore, if the applicant holds one of these passports, the Turkish authorities require an additional document proving the applicant's national citizenship.

Closing notes:

Turkish citizenship by investment goes through many public institutions such as Immigration Office, Citizenship Office, Police Department, etc. Therefore, it sometimes seems complicated to create harmony between these institutions under the harsh conditions of the epidemic. Due to these circumstances, the standard application period has now ranged from six to seven months, while it was only three to four months before 2019.