E-CURRENCY TRADING DOCUMENT What is the E-Currency Trading Document? The e-Currency Trading Document is a completely digital version of the printed Foreign Exchange Purchase Document and the Foreign Currency Sale Document, which are issued in foreign exchange buying and selling transactions carried out through authorized institutions...
HUMANITARIAN RESIDENCE PERMIT A. What is a Humanitarian Residence Permit and Under What Circumstances Is It Granted?A "humanitarian residence permit" is the type of residence permit issued to individuals deemed necessary to remain in Turkey for humanitarian reasons. Article 46 and subsequent regulations of the Law on Foreigners and International Protection contain the basic rules on this matter. A humanitarian residence permit is a type of residence permit issued under the special conditions and under special circumstances specified in this article. It is an exceptional residence permit...
FREQUENTLY ASKED QUESTIONS ABOUT RESIDENCE PERMITS 1. WHAT IS THE COST OF OBTAINING A RESIDENCE PERMIT?You will encounter varying costs when obtaining a residence permit. First of all, the procedures and fee groups applied by countries vary. Some countries are subject to both residence and visa fees, while others are exempt from visa fees, while others are exempt from residence fees. On the other hand, if a foreigner does not have social security and requires private health insurance, additional insurance costs will be incurred. Insurance costs vary depending on the individual's age...
RESIDENCE PERMIT 1. WHAT IS A RESIDENCE PERMIT?A residence permit is a permit issued to foreigners who wish to stay in Turkey. Foreigners who intend to stay in Turkey for more than the period allowed by a visa or visa exemption, or for more than ninety days, are required to apply for the type of residence permit they believe meets the requirements through the e-ikamet system. Foreigners who complete their application must appear at the provincial/district migration management office in the province they intend to reside on the appointment date determined by the system. Foreigners who fail to appear at the provincial/district migration management office on the appointment date without a valid excuse are considered to have not submitted an application. The administration may request certain information and documents to determine the valid excuse. Applications for residence permit extensions are generally processed using the same procedure...
RESIDENCE PERMIT EXTENSION APPLICATION Foreign nationals who have previously applied for a residence permit and have been granted one must apply for a residence permit extension before the expiration date. Foreigners whose residence or work permits within Turkey are nearing their expiration date must apply for a residence permit extension no later than 60 days before the expiration date, and a few days before the expiration date...
PROCEDURE FOR CHARGES IN SEIZURE A. GENERAL INFORMATIONAlthough the debtor is the addressee of the enforcement proceedings, property believed to belong to the debtor but belonging to third parties can also be seized. The enforcement officer, taking into account the principle of order in seizure, may only seize property whose seizure is not prohibited by law. This principle serves not to collect the debt under any circumstances, but rather to establish a balance of interests between the creditor and the debtor. The enforcement officer has no other discretion and cannot assess whether the seized property actually belongs to the debtor.SEQUENCE IN SEIZURE: Only the debtor's property can be seized to the extent that it covers the principal and interest of the debt, as well as the enforcement expenses; no more can be seized (Article 85, I). However, when seizing sufficient property to cover the debtor's debt, it is necessary to begin with the property whose absence will least burden the debtor and is easiest to seize and sell. In other words, when seizing a debtor's property, a specific order is observed, which is called the order of seizure. Disputed property refers to property declar..
ACQUIRING CITIZENSHIP THROUGH MARRIAGE A. THE STATUS OF ACQUIRING CITIZENSHIP THROUGH MARRIAGE IN TURKISH LEGISLATIONRegulations regarding the acquisition of citizenship through marriage have undergone many changes and developments over time. The initial regulations regarding the acquisition of citizenship through marriage stipulated that only women could acquire citizenship through their husbands. In other words, acquiring citizenship through marriage was a right granted only to women. However, over time and with evolving socio-cultural phenomena, this sexist and discriminatory approach has generally been abandoned, and women and men have been treated equally...
PENALTY CLAUSE IN CASE THE CONTRACTOR FALLS INTO DEFAULT ON THE DELIVERMENT OF THE WORKA. PENALTY CLAUSE (PENALTY CLAUSE) A penalty clause is dependent on the existence of the principal obligation, in other words, it is an accessory obligation connected to the principal obligation. This is because the penalty clause secures the principal obligation. The penalty clause can be stipulated either in the main contract or in a separate contract concluded subsequently. The penalty clause can be the payment of a sum of money or it can also involve obligations in property other than money. In accordance with Article 182/I of the TCC and the principle of freedom of contract, the parties to the contract may freely agree on the penalty clause and its amount. However, pursuant to Article 182/III of the TCC, if the judge deems the amount of the penalty clause agreed upon by the parties to be excessive, the judge shall reduce it ex officio. Conversely, Article 182/III of the TCC In accordance with Article 22, if the contractor is a merchant, a penalty clause cannot be reduced on the grounds that it is excessive. However, this rule applies if the penalty clause is detrimental to the merchant cont..
BODILY HARM A. THE CONCEPT OF BODILY HARMBodily harm is not clearly defined in the TCC. In legal terminology, bodily harm means "damage inflicted on the human body (body) as a result of a tortious act, … bodily harm." The concept of bodily harm encompasses both the violation of a person's physical integrity and their mental integrity, in other words, their mental health. Bodily harm resulting from a violation of physical integrity encompasses the violation of both a person's physical integrity and their mental integrity.The first element for bodily harm to occur is the existence of the harm. Injury, disability, mental distress, or similar must occur as a result of an unlawful act. However, injury, mental distress, or similar conditions alone are not sufficient for the harm to occur. The aforementioned reasons must also include a decrease in property, or a decrease in property in the future. Both of these elements must be present simultaneously. In short, if there is no decrease or potential decrease in a person's assets in the event of injury, the concept of bodily injury does not arise...
DETERMINATION OF THE SAME PERSON People occasionally experience hardship due to discrepancies in official records. In some cases, Civil Registry Offices are inadequate and lack the authority to resolve this issue. In such cases, individuals must apply to the courts for a determination of the grievance...
WHAT IS VEHICLE LOSS OF VALUE? Even if vehicles involved in accidents are repaired and restored to their original condition, they lose value on the used market due to the accident record in the TRAMER (Traffic Insurance Information Center) and are sold at lower prices than similar vehicles. This financial loss in the used market value of vehicles is called "loss of value." To prevent such hardship for vehicle owners, our legal system has developed a compensation system whereby the loss of value is covered by insurance companies...
QUESTIONS ABOUT APOSTILLE For a document or decision obtained from a foreign country's official authorities to be valid in Turkey, the foreign decision (e.g., court decision) or document (e.g., notarial deed) must be certified (attested) by the Turkish consulate or authority in the country where it was issued. For example, for an administrative or judicial document obtained from Cuba to be valid in Turkey, this official document must be certified by the Turkish Embassy or Consulate in Cuba.The reverse is also true. In other words, for a court decision or document obtained in Turkey to be valid in a foreign country (e.g., Germany), it must be certified by the Turkish consulate of that country. For example, if a notarial document obtained from Turkey is intended to be used in Canada, this notarial document must be certified by the Canadian Embassy in Turkey.Here are some countries regarding the validity of these foreign documents and decisions in other countries: In order to abolish the requirement for certification by their own foreign missions, they prepared a multinational agreement called the "Hague Convention on the Abolition of the Requirement for Legalization of Foreign Offi..
ELECTIONAL RIGHTS IN THE EVENT OF THE CONTRACTOR'S DEFAULT IN THE DELIVERY OF THE WORK There is no specific provision in the TCC regarding the contractor's default in the delivery of independent sections in a construction contract in exchange for a land share. Therefore, if the contractor defaults in the delivery of independent sections, the general provisions of the TCC and, where applicable, the provisions pertaining to the work contract will apply. The institution of the debtor's default in Articles 117 and 118 of the TCC and the related provisions will apply to the contractor's default in the delivery of independent sections and the consequences thereof. In this context: For a contractor to be in default on their obligation to deliver the independent sections, the obligation must be due and payable, the independent sections must not be delivered, the landowner must have provided a warning, and there must be no reasons preventing the default. However, the contractor's default on their obligation to deliver the independent sections is not, as a rule, required to be at fault. However, justified delay may prevent the contractor from defaulting because it eliminates the delay in f..
IMPORTANT POINTS TO CONSIDER WHEN APPLYING TO THE CONSTITUTIONAL COURT 1. WHAT IS AN INDIVIDUAL APPLICATION?An individual application is a remedy through which anyone can seek legal remedies against any of the fundamental rights and freedoms guaranteed by the Constitution, as covered by the European Convention on Human Rights and its additional protocols to which Turkey is a party (Protocol Nos. 1, 4, 6, 7, 13, and 15), all of which have been violated by public authorities...
WHAT SHOULD BE CONSIDERED WHEN APPLYING TO THE EUROPEAN COURT OF HUMAN RIGHTS? An application to the European Court of Human Rights is deemed to have been submitted after all national legal remedies have been exhausted and the application form found at (https://www.echr.coe.int/Pages/home.aspx?p=applicants/tur&c=) is duly and completely completed and sent to the address below via registered mail via PTT. Your application will be reviewed free of charge. This means there is no fee or cost to apply individually. The RegistrarEuropean Court of Human RightsCouncil of Europe67075 Strasbourg cedexFRANCE If the Court determines that your application has been submitted in full, you will receive a notification confirming its receipt. After your application is processed, it will be reviewed in its entirety. The court's workload is quite heavy, and it's impossible to specify a precise timeframe for review.The ECtHR's trial procedure is, in principle, written. You will be informed in writing of all decisions made by the court regarding your application. The ECtHR will first review your application based on "admissibility criteria." If the complaints submitted are deemed inadmissible, ..
STEPS FOR APPLICATION TO TURKISH CITIZENSHIP THROUGH REAL ESTATE INVESTMENT Step 1 - Get Tax Registration Number The tax registration number can be obtained from any tax office in Turkey.Original passport and photo required...
DOCUMENTS REQUIRED FOR TURKISH CITIZENSHIP APPLICATION Application form stating the citizenship request Passport or similar document, if it is stateless, the relevant document if it is possible to obtain it Marital status certificate, marriage certificate if married, divorce certificate if divorced, spouse's death certificate if widowed ..
CERTIFICATE OF CONFORMITY – CITIZENSHIP BY INVESTMENT As it is known, Turkish citizenship can be acquired at birth or later. Among the ways to acquire Turkish citizenship later on, the way of gaining Turkish citizenship through investment, which is very popular today, has created some question marks in everyone's mind. Acquiring Turkish citizenship by investment is an opportunity that entitles the person to apply for Turkish citizenship, provided that other conditions are met as a result of compliance with various types of investment. In our article below, we will explain important parts such as the conditions required for acquiring Turkish citizenship by investment, the legal procedure to be followed, the documents to be prepared, the requested action, the authority to apply, and the deadlines. The law of foreigners is more flexible than other areas of law and the administration has great discretion. For this reason, the process of becoming a Turkish citizen through investment should be pursued with great sensitivity and devotion. For this reason, as UT Law, we have written this article as a guide that can help our dear readers...
FREQUENTLY ASKED QUESTIONS ABOUT RESIDENCE PERMIT 1. WHAT IS THE COST OF OBTAINING A RESIDENCE PERMIT? When obtaining a residence permit, you will encounter variable costs. First of all, the practices and fee groups that countries are subject to differ. While some countries are subject to both residence and visa fees, some countries are exempt from visa fees, and some countries are exempt from residence fees. On the other hand, if the foreigner does not have social security and needs to have private health insurance, there will be additional insurance costs. Insurance varies according to the age of the person...
WEB TAPU What is Web Tapu?Web Tapu; It is a system where citizens can manage their immovables electronically without going to the land registry and cadastre directorates. Information and documents required for transactions, which they can apply for electronically for 46 title deeds (sales, donations, transfers, etc...), 20 cadastral transactions, 2 mapping transactions, 5 Ottoman documents and old registration document transactions in the Web Tapu. It has been implemented as an electronic system where users can send documents in a secure electronic environment, verify documents and authorize third parties or real estate agents in these matters.Web Tapu is a system where citizens can manage their immovables over the internet without going to the land registry offices, and view the title deed registration and location information of the immovables...
CITIZENSHIP A. WHAT ARE THE REQUIREMENTS TO BE A CITIZEN? Foreign nationals who make a real estate investment of 400,000 USD can obtain citizenship in Turkey without waiting. • Making a fixed capital investment of 500,000 USD• To create employment for 50 people.• Purchasing government debt instruments of 500,000 USD, provided that they are kept for 3 years.• Purchasing real estate investment fund participation share, and venture capital investment fund participation share for 500,000 USD, provided that it is retained for 3 years...
FOREIGN CURRENCY PURCHASE CERTIFICATE As is known, within the scope of the Regulation on the Implementation of the Turkish Citizenship Law enacted in 2018, it has been made possible for foreigners in our country to acquire Turkish citizenship exceptionally by purchasing immovable or immovables worth at least 400,000 USD (Four hundred thousand USD). At this point, banks play an important role in the registration of foreign currency coming from foreign countries. Namely, as of January 24, 2022, foreigners are obliged to exchange foreign currency with the Central Bank for transactions they are buyers of. Accordingly, persons who are not citizens of the Republic of Turkey are required to make the payments for the real estate to be purchased in foreign currency. This obligation applies to all purchases made by foreigners, whether they apply for citizenship or not. Real estate cannot be sold without this document. This process is usually done by authorized real estate offices. However, the most important point to be considered in this transaction is that the document to be obtained must be from a bank operating in Turkey. This transaction cannot be made with foreign currency exchang..
VAT EXEMPTION As it is known, Value Added Tax, or simply VAT, is an expenditure tax that is paid by the deliverer of goods and services, but charged to the recipient. It varies from 1% to 18%. However, in some cases stipulated by the law, there may be an exemption from the VAT amount. In our article below, we will explain the VAT exemption that foreigners, who are among the VAT exemptions, can benefit from in the purchase of the real estate...
MARRIAGE OF FOREIGNERS IN TURKEY Applications of foreigners regarding their marriage wishes are accepted by the marriage office; The provisions of the Marriage Regulation on the marriage of Turkish citizens also find applications for foreigners...
EXCEPTIONAL CITIZENSHIP BY REAL ESTATE INVESTMENTFREQUENTLY ASKED QUESTIONS1. WHAT ARE THE DOCUMENTS REQUIRED FOR THE APPLICATION? • Title Deed Document of the immovable or information of village/neighborhood, island, parcel, building, independent section,• Identity document/Passport (with translation if necessary),• "Immovable Valuation Report" to be obtained from the valuation institutions published on the website of the BRSA (https://www.bddk.org.tr/Kuruluslar-Category/Bankalara-Degerleme-Hizmeti-Vermeye-Yetkili-Kuruluslar/11)• Compulsory earthquake insurance policy for buildings (housing, workplace, etc.),• 1 photo of the buyer and 2 of the seller (in the last 6 months, in 6x4 size),• "Real Estate Market Value Certificate" from the municipality• Tax number• Bank-approved remittance receipts (Can be given before or after the sale.)• Sworn translator for the party who does not speak Turkish (authorized by the Regional Judicial Justice Commission)• If there is a representation, the document related to the representation (In case of transactions with a power of attorney issued abroad, the conditions sought with the circular numbered 2015/5 (1767) must be met.)..
