A T L I H U K U K

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CONDITIONS FOR FOREIGNERS TO OBTAIN A RESIDENCE PERMIT IN TÜRKİYE BY PURCHASİNG REAL ESTATE

I. Relevant Legislation

The procedures and principles regarding the entry of foreigners into Türkiye, their stay in Türkiye, and their departure from Türkiye, as well as the scope and implementation of protection to be provided to foreigners seeking protection from Türkiye, are regulated in the Law No. 6548 on Foreigners and International Protection and its related Regulation.

II. Required Conditions

Short-term residence permits are regulated in Article 31 of the aforementioned Law. According to this article, Foreigners who own real estate in Türkiye can apply for a short-term residence permit. Short-term residence permits are granted for periods of up to one year at a time.

The conditions required for granting short-term residence permits are regulated in Article 32:

a) Applying on the grounds listed in the first paragraph of Article 31 and submitting the relevant information and documents.

b) Not falling within the scope of Article 7 (foreigners who will not be allowed entry into Turkey).

c) Having accommodation conditions that comply with general health and safety standards.

d) If requested, submitting a document showing a criminal record issued by the competent authorities of the country of citizenship or legal residence.

e) Providing address information for where they will stay in Turkey.

In residence permit applications made by foreigners who own immovable property, the property must be a residence and used for that purpose. Furthermore, if family members hold shared or joint ownership rights in the property, they may also apply for a residence permit under this clause. For family members who do not hold shared or joint ownership rights in the property, the property can only serve as a basis for determining their financial means.

In accordance with Article 31/6 of the Law No. 6458 on Foreigners and International Protection, the nature and value of the real estate that will serve as the basis for granting a short-term residence permit are determined by the Ministry. According to this regulation, as of October 16, 2023, the value of the real estate to be purchased in order to obtain a short-term residence permit must be a minimum of 200,000 USD.

III. Application Procedure, Appeal and Litigation

Residence permit applications are reviewed and evaluated by the Provincial Directorate of Migration Management. Applications are made through the institution's website and an appointment is required.

A foreign national whose residence permit application was rejected or cancelled through the purchase of real estate may appeal to the competent authority or file a lawsuit for annulment.

A foreign national whose application has been rejected or cancelled may appeal to the higher authority of the administration that issued the decision within 60 days from the day following the date of notification of the decision. When an appeal is filed with the higher authority, the statute of limitations for filing a lawsuit is suspended. If the administration does not respond within 60 days, the application is deemed rejected. If no response is given within 60 days, or from the date of response, the suspended statute of limitations for filing a lawsuit resumes.

A foreign national whose application has been rejected or the residence permit has been cancelled may also file a lawsuit for annulment, either directly or upon the rejection of the appeal. The statute of limitations for filing a lawsuit for annulment is 60 days from the day following the notification of the decision. The competent court in the case is the administrative court located where the provincial immigration administration that issued the decision is situated.

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