APPLICATION TO COUNCIL OF STATE TO CANCEL TURKISH CITIZENSHIP WITH MONEY

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Revised November, 2022 – Resource, Turkey iResidence
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APPLICATION TO COUNCIL OF STATE FOR CANCELLATION OF THE APPLICATION FOR CITIZENSHIP WITH MONEY

The Turkish Lawyers Bar Association has applied to the Council of State – Constitution Court of Republic of Turkey for the cancellation of the application for granting Turkish passport and citizenship to foreigners in exchange for money.

The Turkish Bar Association has applied to the Council of State for the cancellation of some regulations related to the transition of foreigners to Turkish citizenship. In a statement made by the TBB on the subject, the following statements were made:

“Article 20 of the Turkish Citizenship Regulation, which was put into effect by the Presidential Decision. the regulations introduced in the article lead to the granting of Turkish citizenship in exchange for investments such as the purchase of real estate with a certain amount of foreign currency or the introduction of a fund / private pension system.

The Constitution of the Republic of Turkey prescribes that the requirements for obtaining citizenship be regulated by law.

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THE CONCEPT OF CITIZENSHIP IS MOVING AWAY FROM ITS ESSENCE

In this context, in relevant provisions of the Turkish Citizenship Law, it is regulated in which cases citizenship will be acquired, and the conditions related to this are considered limited. There are no regulations in the law regarding the acquisition of Turkish citizenship by making investments such as entering the fund / private pension system in exchange for a certain amount of foreign money.

On the other hand, in the regulation subject to litigation, the provision of the concept of citizenship, which expresses legal and political affiliation with the state and commitment with a value in a foreign currency, abstracts the concept of citizenship and removes it from its essence.
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Therefore, these regulations invented and signed by President Erdogan himself constitute both a violation of the Republic of Turkey Constitution and a violation of the principle of “the reality of citizenship” adopted by the Turkish Citizenship Law, as well as lacking legal basis.

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On the other hand, as long as these provisions remain in force, the principle of loyalty to the state will arise as a result of granting citizenship in exchange for money, leaving aside, which will cause irreparable rights losses to our nation.

For these reasons, the Turkish Bar Association has applied to the Council of State with a request to stop and cancel the implementation of this amendment to the regulation.”

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IT WAS INCREASED FROM 250 THOUSAND DOLLARS TO 400 THOUSAND

With the decision published in the Official Gazette last May with the signature of President Recep Tayyip Erdogan, the minimum real estate acquisition fee required for foreigners to obtain Turkish citizenship was increased to 400 thousand dollars. This price was reduced from $ 1 million to $ 250 thousand with the change made in 2018. Similarly, Turkish citizenship will be granted to foreigners who enter the private pension system with a minimum of 500 thousand dollars and stay in the system for 3 years.

By regulation made on January 5, 2022 in the same regulation, the following options for Turkish citizenship were also offered:

It has been determined by the Ministry of Industry and Technology that it has made fixed capital investments in the amount of at least 500 thousand American dollars or equivalent foreign currency

It has been determined by the Ministry of Labor and Social Security that it has created employment for at least 50 people,

To be identified by the Banking Regulation and Supervision Agency, which deposits at least 500 thousand American Dollars and equivalent foreign currency deposits to banks operating in Turkey with the condition of holding them for 3 years,

Identification by the Ministry of Treasury and Finance of the purchase of Government debt instruments in the amount of at least 500 thousand US dollars and equivalent foreign currency for 3 years, provided that they are kept,

Real estate investment fund participation share in the amount of at least 500 thousand American dollars or equivalent foreign currency and venture capital investment fund participation share in the condition that it holds at least 3 years to be determined by the Capital Market Board that it has purchased

It was also stated that with the change in the regulation in January, a commission did not establish within the Ministry of Internal Affairs, to follow these processes of applying for Turkish citizenship to foreigners.

The Ministry of Environment, Urbanization and Climate Change had announced in a questionnaire directed by the leading opposition party, and answered by the Ministry in 2021 that 19 thousand 630 foreigners were granted citizenship in exchange for the purchase of real estate between 2018 and 2021.

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