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AMENDMENTS ON 19.12.2022 ABOUT CIRCULAR NO.2019/5 BY THE TURKISH CITIZENSHIP REGULATION

The letter on the amendment about Guideline attached to the circular dated 30/05/2019 and numbered 2019/5 of the Regulation on the Implementation of the Turkish Citizenship Law was published by the Foreign Affairs Department of the Directorate of Land Registry and Cadastre on 19.12.2022. With this amendment, new procedures and principles have been determined regarding the conditions for Turkish Citizenship by Real Estate Investment, which will enter into force on 01.01.2023 and accordingly, the new conditions required for the acquisition of Turkish Citizenship are listed as follows:

 

a.       For applications based on Preliminary Sales Contract, the amount of USD 400,000 must be provided with a single contract. More than one immovable property can be included in the same contract, but applications made with more than one Preliminary Sales Contract will not be accepted.

b.       After date of 01.01.2023, in cases where the immovable property acquired through purchase does not meet the 400.000 USD threshold, the remaining amount cannot be completed with Preliminary Sales Contract.

c.       With the amendment dated 06.01.2022, the phrase "Turkish Lira equivalent" was removed from the Regulation and the foreign currency amount of the real estate price must be sold to a bank to be sold to the Central Bank.

d.       Immovable properties purchased in shares by more than one foreign national will not be subject to citizenship.

e.       In Preliminary Sales Contracts, valuation reports issued up to 3 months prior to the date of issuance at the notary public shall be valid. In case of the existence of these valuation reports, a new valuation report will not be required during the title deed transfer.

f.        The second-hand immovables subject to the sale and Preliminary Sales Contract shall not have been transferred by any foreign real person to a Turkish citizen or company within the last three years. Obligations arising from a Contract of Work are excluded from the scope of this Article.

g.       In the event that the authorized person of the company partners who have acquired Turkish citizenship through investment is a legal entity with foreign capital, their previous nationality will be taken as basis.

h.       Since the payment obligations of foreign real persons for the immovable property they purchase will not be ensured through legal mortgages, it will not be purchased with legal mortgages and will not be subject to citizenship.

i.         In the annotation declaration to be made to the Land Registry Directorates; the declaration / commitment transaction cannot be made in the land registry directorate where there is no immovable acquisition.

j.         In the event that the immovable property is transferred to the previous owner after the expiration of the commitment period of persons who have acquired Turkish citizenship through the acquisition of immovable property, or in the event that the annotation of the Preliminary Sales Contract is canceled and the immovable property is transferred to a third party, this issue will be transferred to the General Directorate of Population and Citizenship Affairs.

 

  • Tags : Turkish Citizenship, Real estate Investment, Preliminary Sales Contract, immovable property, Land Registry, Top Citizenship lawyer, Immigration Attorney istanbul

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