Citizenship is a legal and political bond to a state. Conferring citizenship to a foreigner is an authority of the state. This authority comes from sovereignty saving. Thus, the state has discretionary power to grant citizenship even if the foreigner has satisfied all conditions. According to The Turkish Citizenship Code, obtaining citizenship is possible with birth or acquired. The acquired citizenship is seen in three ways: with the decision of the competent authority, with being adopted by a Turkish citizen or with the enjoying of the right to vote. The Regulation of Implementation of the Turkish Citizenship Code is sorted the ways of Acquisition of citizenship by decision of the competent authority such as General acquisition of Turkish citizenship, Exceptional acquisition of Turkish citizenship, Re-acquisition of Turkish citizenship, and Acquiring Turkish citizenship through marriage.
- What is “obtaining citizenship by investment”?
According to The Turkish Citizenship Code, a foreigner can obtain Turkish Citizenship exceptionally in some ways. The states have found some solutions for their economic problems historically. Investments have been one of the good solutions to develop a country. Furthermore, “the golden visa” has been offered to foreigners who want to make an investment and be able to obtain citizenship.[1] In the beginning, it could be fine for the state. However, it is stated that citizenship is valuable, so it should not be seen as a marketable commodity in doctrine.[2]
The authority of giving citizenship to a foreigner is up to the state. Of course, the lawmaker has stipulated, but it could not be safe or right all the time. For example, according to article 12 of the code, there is only one condition for having citizenship. If there is no obstacle situation to national security or public order, the foreigner can have citizenship in an exceptional way.
- Who can get citizenship according to article 12?
– People who bring industrial plants to Turkey or supply services such areas scientific, technological economic social, sports, cultural, artistic
– People who get the residency and Turquoise Card according to article 31 of The Foreigners and International Protection Code and their spouse, their minor foreign children
– People who is required to be naturalised
– People who are accepted as immigrant
- What about the extent and amount of obtaining citizenship by investment?
Foreigners who are inside of article 12/1-b can get citizenship by presidential decision. The amounts for the investment has regulated like that:[3]
– The fixed capital investment of at least USD 500.000 or equivalent foreign currency which is attested by the ministry of industry and technology
– The fixed capital investment of at least USD 400.000 or equivalent foreign currency acquired the immovable annotated about not be sold for 3 years which is determined by the ministry of environment, urbanization and climate change
– Employment for at least 50 people attested by the Ministry of Labor and Social Security
– Depositing at least USD 500.000 to banks as long as not withdraw for at least 3 years as attested by the Banking Regulation and Supervision Agency
– Getting a government bond of at least USD 500.000 or equivalent foreign currency as long as not to be sold for three years attested by the Ministry of Treasury and Finance
– Buying real estate investment trust or venture capital investment fund shares amounts to at least USD 500,000 or equivalent foreign currency as long as not to be sold for three years attested by the Capital Markets Board of Türkiye
– Keeping the contribution amount to at least USD 500.000 or equivalent foreign currency on the fund determined by the Insurance and Private Pension Regulation and Supervision Agency on condition that remained in the private pension system for a minimum of three years as attested by the Insurance and Private Pension Regulation and Supervision Agency
As a result, a foreigner can obtain Turkish citizenship by investment. Although this method is seen as damaging to the value of citizenship, this exceptional way is preferred by states for solving economic issues. Eventually, the authority belongs to the state. So, all the conditions have been ensured even though, authorities can decline the citizenship applications according to the state’s sovereignty.
[1] Golcuklu I “Güncel Gelişmeler Işığında Yatırım Yoluyla Türk Vatandaşlığının Kazanılması: Problemler ve Çözüm Önerileri” (2019) 40(1) PPIL. Forthcoming. https://doi.org/10.26650/ppil.2020.40.1.0028 p. 5.
[2] Ibid., p. 5.
[3] For more information: https://www.invest.gov.tr/en/investmentguide/pages/acquiring-property-and-citizenship.aspx
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