OPINION ON ACQUIRING CITIZENSHIP BY FOREIGNERS BY INVESTMENT
AGREEMENT ABOUT WORK PERMIT AND RESIDENCE PERMIT
Our opinion has been prepared under three main headings, in three different but interrelated issues regarding the Law of Foreigners.
Part One : Acquiring citizenship of foreigners through investment
Part Two : Work permits for foreigners
Part Three : Residence permits for foreigners
The first part of our opinion; has been prepared within the framework of Turkish Citizenship Law No. 5901, Law No. 6458 on Foreigners and International Protection, Value Added Tax Law No. 3065, Regulation on the Implementation of Turkish Citizenship Law, Regulation Amending the Regulation on the Implementation of Turkish Citizenship Law (Presidential Decree No. 106), the Regulation on the Implementation of Foreigners and International Protection Law, Value Added Tax General Practice Communiqué, Application Procedures and Principles for Fixed Capital Investments within the Scope of the Regulation Amending the Regulation on the Implementation of the Turkish Citizenship Law of the Ministry of Industry and Technology, Procedures and Principles of the Ministry of Family, Labor and Social Services related for the owner or partner of workplaces in Turkey who makes Employment for 50 People at Least to acquire Turkish Citizenship Exceptionally Under Article 12 of Law No.5901, The Procedures and Principles Determined by the Ministry of Treasury and Finance For Foreigners to Apply for Turkish Citizenship in Government Debt Instruments, The Procedures and Principles to be Applied in the Applications to be Made to the Board for a Certificate of Eligibility by Foreigners Who Will Apply for Citizenship or Long Term Residence Permit by Investing in the Capital Markets Board (CMB) Real Estate Investment Fund or Venture Capital Investment Fund Participation Shares, The Letter of Law No. 3065 on the Application of Article 13 / i of the Law No. 3065 and the Guide on the Implementation of Turkish Citizenship by the Ministry of Environment and Urbanization General Directorate of Land Registry, Statements by the Banking Regulation and Supervision Agency (BRSA).
The second part of our opinion; has been prepared within the framework of International Labor Law No. 6735 and Foreign Direct Investment Law No. 4875, Turkish Citizenship Law No. 5901, Foreigners and International Protection Law No. 6458, Social Insurance and General Health Insurance Law No. 5510, Law No. 3218 on Free Zones, Law No. 6235 on Union of Turkish Engineers and Architects, Labor Law No. 4857, Higher Education Law No. 2547, Law No. 1219 on the Practice of Medicine and Medical Arts, Law No. 6308 on Pharmacists and Pharmacies, Law No. 6343 on the Establishment and Works of the Veterinary Medical Association and its Chambers, Law No. 2219 on Special Hospitals, Law No. 1136, Law No. 1512 on Notary Public, 5188 Law No. 815 on Cabotage Law, Customs Law No. 4458, Tourist Guide Professional Law No. 6326, Misdemeanor Law No. 5326, Law No. 492 on Fees, Implementation Regulation of Law on Work Permits for Foreigners, Foreign Personnel Employment in Direct Foreign Investments Regulation, Regulation on Opening a Business and Working Licenses, Regulation on Work Permits of Foreigners to Work in Free Zones, Free Zones Implementation Regulation, Procedures and Principles Regarding Work Permits to be given to Foreign Personnel in Free Zones.
The third part of our opinion; has been prepared within the framework of the Foreigners and International Protection Law No.6458, the Turkish Citizenship Law No.5901, and the Regulation on the Implementation of the Law on Foreigners and International Protection.
PART ONE
ACQUIRING CITIZENSHIP BY FOREIGNERS BY INVESTMENT
1- Which foreigners can acquire and apply for Turkish Citizenship through investment?
It has been accepted that foreigners who have a residence permit and Turquoise Card holders and their foreign spouses, and their minor or dependent foreign children may acquire Turkish citizenship under exceptional circumstances with the addition to the first paragraph of Article 12 of the Turkish Citizenship Law (TVK) numbered 5901, which regulates the acquisition of Turkish citizenship under exceptional circumstances, article 31 of the Law on Foreigners and International Protection (YUKK) dated 04.04.2013.
According to the paragraph b of the 12th article of the Turkish Citizenship Law numbered 5901; Foreigners who have a residence permit in accordance with subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection dated 4/4/2013 and numbered 6458, and foreigners who have Turquoise Card and their foreign spouse, their minor or dependent foreign child They can acquire Turkish citizenship with the decision of the President, provided that they do not have an obstacle in terms of public order.
Turkish Citizenship Law No.5901
ARTICLE 12 - (1) Foreigners specified below may acquire Turkish citizenship by the decision of the President, provided that they do not pose an obstacle in terms of national security and public order.
b) (Annex: 28/7 / 2016-6735 / 27 art.) Foreigners who have a residence permit in accordance with subparagraph (j) of the first paragraph of Article 31 of the Law on Foreigners and International Protection dated 4/4/2013 and numbered 6458 and their foreign spouse, and their minor or dependent foreign child.
Foreigners and International Protection Law
Short term residence permit
ARTICLE 31 - (1) Short-term residence permits may be granted to foreigners specified below:
j) (Annex: 28/7 / 2016-6735 / 27 art.) working in Turkey, but the scope will be determined by the President and foreign investment in the amount of them shall do with his wife, he and his wife's minor or dependent children of foreigners
In line with the international labor policy; by level of education, professional experience, science and technology contribution of the operations in Turkey or investing in the country's economy and its effect on employment, Turquoise Card is granted to foreigners who approved the application in accordance with the suggestions of International Labor Policy Advisory Board and the procedures and principles determined by the Ministry.
1- To which institution should the application for Turkish Citizenship be made?
In the acquisition of Turkish Citizenship, applications are made to the governorship where the settlement is located in the country (provincial directorate of population and citizenship), and to foreign representative offices abroad personally or