Residence Permits of Foreigners Acquiring Immovable Property in Turkey
Foreigners and International Protection Law numbered 6458 -published in the Official Gazette dated 11/04/2013 and numbered 28615- addressed the issues of entering Turkey, residing in Turkey and leaving Turkey, as well as the protection applied to foreigners, conforming with EU regulations. By the time this law entered into force, Law No.5683 Related to Residence and Travel of Foreigners in Turkey became abolished.
In accordance with the legislation, without prejudice to the provisions stated in the Article 20 of Law No.6458, every foreigner who will stay more than the visa provides for more than 90 days, shall obtain a residence permit. As per Article 30 of the law, six different kind of residence permits are allowed. These are: Short term residence permit, long term residence permit, student residence permit, family residence permit, humanitarian residence permit, and trafficking victims’ residence permit. It is crucial to determine which category the relevant person fits in to protect his/her interests and fulfil the terms of individual application.
Within some limited circumstances, it is possible for foreigners to acquire immovable property in Turkey. Having an immovable property does not automatically grant the foreign owner a residence permit; yet it is not required to have residence permit to buy the property in the first place. However, the amendment made by Foreigners and International Protection Law numbered 6458 provide convenience for foreigners who own an immovable property in Turkey regarding residence permits. While under the former law, residence permits were being granted for periods of three months, as per Article 31 of the new Law No.6458, such residence permits have been included in the scope of short term residence permits and have been extended. According to the article, foreigners acquiring immovable property may be given one-year residence permit at most for each application. The procedure and conditions required have been clarified in the following articles of the Law.
Foreign spouses, dependent children and minors of the applicant can also apply to be granted family residence permit. However, the duration of family residence permit cannot exceed the duration of short term residence permit obtained by the sponsor, who has such a residence permit due to owning immovable property in Turkey. If the family members hold a work permit in Turkey, they don’t need to obtain family residence permit or any additional residence permit, since a valid work permit substitutes a residence permit by Article 27 of Law No.6458.
In line with these explanations, it can be stated that the new regulations fixed by Foreigners and International Protection Law, which is much detailed and up to date in comparison with the former law, promote obtaining immovables in Turkey for foreigners.