Acquiring Turkish Citizenship through Investment and the Legal Process

Citizenship through investment is an exceptional route that allows citizenship to be acquired in return for a defined economic investment, without the long period of residence required in ordinary applications. This article examines the legal basis of that route, recent changes in practice and the points to consider before applying.

The legal basis of exceptional citizenship

Article 12(1)(b) of Turkish Citizenship Law No. 5901 allows foreign nationals who make a significant economic contribution to Türkiye to acquire Turkish citizenship, on the proposal of the Ministry and by decision of the President, without the ordinary conditions for acquiring citizenship being required. The procedures and principles for applying this provision are set out in detail in Article 20 of the Regulation on the Implementation of the Turkish Citizenship Law. In practice this route is known as "exceptional citizenship through investment".

Recent changes in the legislation

The relevant provision of the Regulation first entered into force in 2017 and has been amended several times since, depending on the volume of applications and economic conditions. In particular, the minimum investment amount required for applications based on real property was raised significantly by the amendment made in 2022. Because changes of this kind to investment amounts and conditions may be made again from time to time, the current announcements of the General Directorate of Land Registry and Cadastre, the Presidency of Migration Management of the Ministry of the Interior and the General Directorate of Civil Registration and Nationality must be verified before starting the application process.

Types of investment and general conditions

The main categories of investment listed in the Regulation are:

• Real property investment: acquiring immovable property of at least the minimum amount set out in the Regulation, at the current value determined by the General Directorate of Land Registry and Cadastre, with an annotation on the title deed that it will not be sold for at least three years.
• Fixed capital investment: making a fixed capital investment of at least the minimum amount, confirmed by the Ministry of Industry and Technology.
• Job creation: providing employment for the number of persons determined by the Ministry of Labour and Social Services, at the minimum level set out in the Regulation.
• Bank deposit: holding a deposit of at least the minimum amount with banks operating in Türkiye, with a term of at least three years, confirmed by the Banking Regulation and Supervision Agency.
• Government debt instruments or shares in a real estate or venture capital investment fund: acquiring at least the minimum amount confirmed by the Ministry of Treasury and Finance or the Capital Markets Board and holding it for at least three years.

The administrative steps in the application

The application process for citizenship through investment consists broadly of the following stages:

• Obtaining the certificate of conformity: obtaining from the relevant ministry or institution, according to the type of investment (General Directorate of Land Registry and Cadastre, Ministry of Industry and Technology, Banking Regulation and Supervision Agency, Capital Markets Board, etc.), the certificate confirming that the investment meets the conditions required by the Regulation.
• Residence permit application: conducting, at the same time as the citizenship application, the residence permit process that allows the foreign national and any family members to be present in Türkiye.
• Application for exceptional citizenship: applying, with the certificate of conformity, to the General Directorate of Civil Registration and Nationality or to the competent provincial directorate.
• Administrative examination and proposal: assessment of the application by the Ministry of the Interior and its submission to the Presidency.
• Completion by presidential decision: the process is completed when the decision is published in the Official Gazette.

The main legal risks in the process

• Discrepancies in the valuation report: if the current value of the property is not realistically determined by official valuation firms, the application may be refused.
• Proceeding on a pre-sale or promise-to-sell contract: applying on the basis of a promise-to-sell contract alone, before the title deed has been transferred, may not satisfy the ownership condition required by the legislation.
• Breach of the three-year holding obligation: disposing of the property or the investment before the end of the annotation period may create a risk that the citizenship acquired will be revoked under Article 31 of the Turkish Citizenship Law.
• Failure to document the source of funds: if it cannot be proved that the investment funds come from a lawful and traceable source, this may lead to further scrutiny under anti-money laundering legislation.
• Misleading undertakings by intermediaries: some real estate consultancy firms direct foreign investors with promises of "guaranteed citizenship" that are contrary to current legislation or simply unrealistic.

Conclusion

Acquiring Turkish citizenship through investment is a process that can be managed largely predictably with sound legal advice, but following current legislation, preparing documents in due form and structuring the investment in full compliance with the rules are of great importance. Obtaining independent legal advice from the outset ensures both that the application proceeds soundly and that the risk of later revocation is avoided.

This article is intended as general information and does not replace legal advice. We recommend consulting a lawyer about your particular situation.