From investment to passport: the process of acquiring citizenship

First and foremost, the investor must decide on an investment program based on personal goals and preferences. After this, depending on the chosen program, documents must be carefully prepared. In the case of real estate acquisition, before finalizing the transaction, it is necessary to verify the property's documentation, obtain an expert valuation, correctly process the payment, and prepare the payment documents, which must also be included in the subsequent document package.

After making the investment, in some cases, the application for the Certificate of Conformity is submitted only after the investment is completed, while in others, it is submitted simultaneously with the investment.

What is a Certificate of Conformity?

The Certificate of Conformity (Uygunluk Belgesi) is a document confirming that the investment complies with the requirements of Article 20 of the Turkish Citizenship Law No. 5901 and the relevant regulations. Depending on the type of investment, this document is issued by the authorized institution and submitted to the Directorate General of Population and Citizenship Affairs under the Ministry of Interior of Turkey.

After obtaining the Certificate of Conformity, the investor and their spouse must obtain a short-term investment residence permit.

What is a Short-Term Residence Permit (ikamet) under Article 31(j) for Citizenship by Investment?

A residence permit is a legal document required for all foreigners who intend to stay in Turkey for more than 90 days or beyond the duration permitted by a visa or visa exemption. It is issued by the Migration Authority at the place of residence.

The short-term residence permit under Article 31(j) of Law No. 6458 on Foreigners and International Protection (YUKK) is a special permit required for obtaining citizenship through investment.

Legal Basis:

According to Article 31/1(j) of Law No. 6458 on Foreigners and International Protection, a short-term residence permit is granted to:

• Individuals who do not work in Turkey but make investments within the scope and amount determined by the President of Turkey.
• The spouse of the investor.
• The investor’s minor children or children who are fully (or partially) dependent.

Conditions for Obtaining a Short-Term Residence Permit:

1. Submission of a Certificate of Conformity for the Investment Program: the investor must choose one of the investment types specified by law and obtain the corresponding document (for example, for real estate investments – Taşınmaz Yatırım Belgesi).
2. No Entry Ban to Turkey: the foreigner must not be classified as a person banned from entering Turkey.
3. Submission of a Criminal Record Certificate: a criminal record certificate from the investor’s home country must be provided, issued within the last six months and duly certified with an apostille.
4. Additional Documents:

• Birth certificate with apostille
• Passport (must be the one used for entry into Turkey)
• Current certificate of marital status with apostille
• Four photographs (in the required format)
• Health insurance
• Residence permit application form (ikamet izni başvuru formu)

Important to Note:

The required document package may vary depending on the individual circumstances of the applicant and the requirements of the local Migration Authority where the application is submitted. At this stage, applicants must submit biometric data in person at the Migration Authority.

Submitting a Citizenship Application to the Competent Authority:

An investor who has obtained a Certificate of Conformity and a residence permit must apply with the necessary documents to the investment offices in Istanbul and Ankara or to the provincial population and citizenship directorates in other cities.

A citizenship application file is prepared and sent to the Ministry of Interior. Upon arrival at the Ministry, the file first undergoes a security check to identify any potential obstacles concerning national security and public order. If no such obstacles are found, the file is forwarded to the President, and the applicant is granted the right to citizenship. If the investor is married, both the investor and their spouse must be present in person when submitting the citizenship application for biometric data collection.

Required Documents for the Citizenship Application:

• VAT-4 Form.
• Passport or an equivalent document confirming the applicant’s citizenship.
• Valid investment residence permit.
• Birth certificates of the applicant(s).
• Documents confirming marital status, name changes, and other relevant data (depending on the applicant’s situation).
• Criminal record certificate.
• Certificate of Conformity.
• Four biometric photographs.
• Receipt of government fee payment to the tax office.

The required document package may vary depending on the applicant’s individual circumstances. All documents must be legalized according to the standard (apostille/consular legalization) and must be translated by a sworn translator and notarized in Turkey.

For more detailed information about the factors influencing the competent authority’s decision and other requirements stipulated in the Regulation on the Implementation of the Turkish Citizenship Law, please contact our immigration lawyers.