Conditions for obtaining a residence permit in Turkey through investment (buying real estate) Is the $200,000 requirement for obtaining a residence permit with real estate in Turkey legal? Court Decision on the $200,000 USD Limit to Obtain a Residence Permit with Real Estate in Turkey
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What is a Residence Permit? How to Obtain a Residence Permit in Turkey?
A residence permit, which is an official document regulating the duration of foreigners’ stay in Turkey, is issued by the Provincial Directorate of Migration Management. The legal framework for residence permits includes various legal regulations, such as the Law on Foreigners and International Protection and Law No. 5683 on the Residence and Travel of Foreigners in Turkey.
A residence permit is a document that does not cover visa periods for foreign nationals whose presence in Turkey is mandatory; however, foreigners benefiting from a residence permit exemption are excluded. This document is an obligation arising from international law and also serves the country’s interests to protect public health and order, prevent unfavorable situations, identify and control foreigners residing in Turkey.
For more comprehensive information on the residence permit, please see our article titled “How to Obtain a Residence Permit? You can take a look at our article titled “.
In this article, we will talk about the price requirement for applying for a residence permit by purchasing real estate, which used to be $75,000 and has been set as $200,000 as of 16.10.2023. Is the $200,000 requirement for a residence permit by purchasing real estate lawful? Does the house have to be worth $200,000 to apply for a residence permit? You will find answers to these questions in the rest of our article…
Conditions for Obtaining a Residence Permit by Buying a House in Turkey
According to subparagraph (b) of Article 31 titled “Short-Term Residence Permit” of the Law No. 6458 on Foreigners and International Protection, those who “own immovable property in Turkey” can obtain a short-term residence permit if they meet the other necessary conditions.
Accordingly, apart from the general conditions of residence permit for those who own immovable property in Turkey, the conditions that the immovable property they own must meet are as follows:
- According to Article 32 of Law No. 6458, the immovable property must comply with the health and safety standards according to the provision of “Having housing conditions in accordance with general health and safety standards”.
- Again, according to paragraph 3 of Article 28 of Law No. 6458, “In residence permit applications made by foreigners who own real estate; the real estate must be a residence and used for this purpose…” According to this provision, the fact that the immovable in question is land, plot, shop, etc. does not meet the eligibility conditions for the residence permit application. The immovable owned by the foreigner must be a residence and must be USED AS A RESIDENCE.
$200,000 Lower Limit for Residence Permit by Buying a Home
The Immigration Administration used to apply a lower limit of $75,000 in metropolitan cities and $50,000 in other cities for foreigners to obtain a residence permit by purchasing a house in Turkey. As of October 16, 2023, the lower limit for the value of the house purchased by foreigners applying for a residence permit by purchasing a house in Turkey has been changed to $200,000 for all cities.
Accordingly, in practice, foreigners who want to obtain a residence permit by purchasing real estate as of 16.10.2023 must state in the title deed that the house they have purchased as of 16.10.2023 has a sales price of $ 200,000 or higher according to the Central Bank exchange rate on the day of the title deed transfer. Otherwise, the applicant is not deemed eligible for a short-term residence permit.
On the other hand, while in the previous practice, the value limits of $75,000 and $50,000 were required to be specified in the valuation report, in the new practice, it has been decided that the sales price written in the title deed is important for the said value.
Although this is not a requirement specified in the relevant laws, it is the practice of the Immigration Administration. Is this practice in accordance with the law? Should the house purchased for a residence permit not be worth less than $200,000?
Is it possible to obtain a residence permit if the value of the real estate purchased in Turkey in the past does not meet the $200,000 ($75,000) requirement?
The procedures for foreign citizens to obtain a residence permit by purchasing real estate in Turkey are set out in the Regulation on the Implementation of the Law on Foreigners and International Protection. In the said regulation, the subject is regulated as follows: “In residence permit applications made by foreigners who own real estate; the real estate must be a residence and must be used for this purpose…”.
Accordingly, in the relevant law and regulation, in addition to the foreigner’s meeting the general residence permit conditions, the fact that the real estate is a residence and used for this purpose is deemed sufficient for a residence permit.
Accordingly, foreign citizens who have purchased real estate in Turkey in the past that does not meet the $200,000 ($75,000) requirement may apply for a residence permit if they meet the conditions specified in the law and regulation.
It is very important that residence permit applications are made by a specialized lawyer in Turkey in order to ensure the accuracy of the application and to reduce the possibility of rejection of the residence permit application.
Is the $200,000 requirement for obtaining a residence permit by purchasing real estate in Turkey Lawful?
The requirements for applying for a residence permit by purchasing real estate in Turkey are specified in the relevant laws and regulations. Accordingly, the requirements for obtaining a residence permit by purchasing real estate are as follows:
- The applicant must not be a foreigner who is not allowed to enter Turkey
- The applicant foreigner must have accommodation conditions in accordance with general health and safety standards
- If requested, submission of a document showing the criminal record issued by the competent authorities of the country of citizenship or legal residence
- The applicant must indicate the address where he/she will stay in Turkey
- The immovable is a residence and used as a residence
Foreigners who have purchased residential immovable property in Turkey in compliance with these conditions have the right to obtain a residence permit. In our opinion, it is not legally acceptable for the Administration to impose another condition that is not specified in the law and to reject the application of the applicant who meets all the conditions only on the grounds of the condition imposed by the Administration.
As Güneş & Güneş Law Office, in the legal process we initiated regarding the rejection of a client’s residence permit application on the grounds that he did not meet the $75,000 requirement imposed by the Administration despite meeting all the conditions specified in the law, the local court ruled that “the Administration’s action in question is unlawful and must be annulled”.
The local court explained its decision in the case in question as follows:
(… ) In this case, upon the application made by the plaintiff claiming that he has immovable property in Turkey, no concrete evaluation, research and examination has been made as to whether the immovable property at the address he specified is a residence and whether it has housing conditions in accordance with general health and safety standards, and only a lump sum assessment of the amount, which is not among the criteria specified in the legislation (both in the Law and the Regulation), cannot be shown as justification, Because, as explained in detail above, such an interpretation would be incompatible with the principle of legal administration, and while a decision should be made by investigating whether the plaintiff meets the other conditions in addition to whether the immovable is a residence and whether it has housing conditions in accordance with general health and safety standards, there is no compliance with the law in the transaction subject to the lawsuit regarding the rejection of the residence permit request by making a lump sum valuation regarding the price only, without following such a method.
(…)
For the reasons explained:
1) The action subject to the lawsuit is canceled (…)
unanimously.
According to the decision of the local court, it was found unlawful that our client could not obtain a residence permit due to the fact that the house he purchased was worth less than the $75,000 limit, even though he met the conditions specified in the law.
You can access the full text of the local court’s decision below
