New Regulations for Obtaining a Residence Permit in Turkey by Purchasing Property (October 16, 2023)

Questions

1. What is the new requirement for obtaining a residence permit by purchasing a house in Turkey after October 16, 2023?
2. Can I obtain a short-term residence permit if I buy a house in Turkey for less than 200,000 USD?
3. Can I apply for an extension of my residence permit for a house I purchased for 75,000 USD before October 16, 2023?
4. Will I lose my acquired rights in the residence permit based on real estate acquisition in Turkey?
5. According to the new regulation, in which cities in Turkey is it mandatory to purchase a house for 200,000 USD?
6. Has the limit for residence permits through real estate in non-metropolitan provinces in Turkey also become 200,000 USD?
7. Can my family also obtain an extended residence permit with the title deed I acquired before October 16, 2023?
8. I have a house worth 75,000 USD in Turkey; if I sell it after October 16, 2023, and buy a new house, will my rights continue?
9. How is the 200,000 USD calculated in the residence permit application based on real estate acquisition? Is an appraisal report mandatory?
10. Can I obtain a residence permit if I co-own a house worth 200,000 USD in Turkey (joint title deed)?
11. Has the October 16, 2023 regulation affected the acquisition of Turkish Citizenship by purchasing a house for 400,000 USD in Turkey?
12. What should I do if my residence permit application based on real estate acquisition in Turkey is rejected?
13. How can an İzmir residence permit lawyer assist with title deeds acquired before October 16, 2023?
14. What type of residence permit can those who buy a house for less than 200,000 USD in Turkey apply for?
15. How does the residence permit extension process work for those who owned a title deed before October 16, 2023?
16. Can a Turkey residence permit lawyer protect my acquired rights under the new regulation?
17. What will be the status of houses purchased for 50,000 USD (outside metropolitan areas) before the October 16, 2023 change?
18. Is it mandatory for the real estate acquired for a short-term residence permit in Turkey to be residential? Can I buy land?
19. When extending my residence permit using my acquired right, what will be the situation for my family members (my spouse, my children)?
20. What should I pay attention to when transferring a title deed after the October 16, 2023 regulation?
21. Does KL Legal Consultancy provide consultancy services for real estate acquisition and residence permit processes in Turkey?
22. Will working with a Turkey immigration lawyer speed up my 200,000 USD residence permit process?
23. I bought a house for 75,000 USD before October 16, 2023, but the Directorate of Migration rejected my extension application; what should I do?
24. Can I file an annulment case against the rejection of my residence permit extension application based on real estate?
25. How can I prove my acquired right pertaining to the title deed I acquired before October 16, 2023?

Legal Framework for Residence Permit Based on Real Estate in Turkey

What is the legal basis for obtaining a residence permit by purchasing real estate in Turkey, and what were the conditions before October 16, 2023?

Turkey has always been an attractive center for foreign investors with the opportunities it offers. One of the most important of these opportunities is the right to obtain a residence permit through the acquisition of real estate (housing), recognized under the Law on Foreigners and International Protection (LFIP) numbered 6458. This right is one of the most popular types of short-term residence permit that allows foreigners to live in Turkey by obtaining a legal status. Article 31, paragraph 1, sub-clause (b) of the Law explicitly stipulates that this permit can be granted to foreigners who "own real estate in Turkey".

Before the critical amendment made on October 16, 2023, a tiered minimum value system was applied to benefit from this right. In accordance with the administrative decision of the Directorate General of Migration Management in 2022, the value of the housing to be subject to the residence permit:

1. If located within the borders of 30 metropolitan municipalities such as Istanbul, Ankara, and İzmir, it had to be at least 75,000 USD.
2. If located in the other 51 provinces (non-metropolitan), it had to be at least 50,000 USD.

To determine these amounts, an appraisal report prepared by a real estate valuation expert licensed by the Capital Markets Board (CMB) and the official sales price on the Title Deed had to be above these limits. This system formed the basis for foreigners to obtain the right to legal stay by purchasing housing in Turkey until a certain date. However, the technical details and legal requirements of these processes often caused applicants to need professional assistance. Ensuring the alignment between the appraisal report and the title deed value was a critical stage that needed to be carried out under the supervision of a Turkey residence permit lawyer.

Regulation Dated October 16, 2023, on the Acquisition of Real Estate for a Residence Permit in Turkey and Its Scope

What changed on October 16, 2023, for obtaining a residence permit by buying a house in Turkey, and what is the new minimum investment amount?

Turkey's migration and investment policies are in a state of continuous development, parallel to the country's economic and social dynamics. One of the latest and most significant examples of this dynamism is the new administrative regulation put into effect by the Directorate General of Migration Management on October 16, 2023. This date marks a milestone for foreigners planning legal stays in Turkey through the acquisition of real estate.

With the fundamental change made, the minimum real estate value required to obtain a short-term residence permit (via title deed) granted under Law No. 6458 on Foreigners and International Protection has been raised to a single level across the country.

As of October 16, 2023, a condition has been introduced that the minimum real estate value, both the sale price on the Title Deed and the CMB-approved appraisal report value confirming this price, must be at least 200,000 USD (Two Hundred Thousand US Dollars) for a residence permit application. This new regulation has completely abolished the previous limits of 75,000 USD for metropolitan cities and 50,000 USD for other cities.

This new rule applies without exception to all residential property purchases where the title deed transfer is carried out on or after October 16, 2023. The appraisal report prepared by a CMB-licensed real estate appraiser continues to play a critical role in determining the value. For the application to be successful, both the official sale price on the Title Deed and the current market value stated in the appraisal report must exceed the equivalent of 200,000 USD in Turkish Lira at the Central Bank's exchange rate on the transaction day. Since the administration will consider the lower of these two document amounts, the consistency of the title deed transfer tax base (official sale price) with the appraisal value has become a much more critical legal detail than before.

This increased limit reflects a strategic shift in Turkey's policy for residence permits via real estate, keeping it separate from the citizenship by investment program (currently 400,000 USD) but encouraging higher-value investments. To manage the process flawlessly and prevent the investment from resulting in a residence permit rejection, working with a Turkey residence permit lawyer is of critical importance for ensuring legal security.

New $200,000 Real Estate Value Limit for Residence Permit Based on Real Estate in Metropolitan Cities and Other Cities in Turkey

Does the $200,000 residence permit requirement in Turkey apply to all cities, or does the old practice of $75,000 and $50,000 continue?

The clearest and most decisive change brought about by the amendment dated October 16, 2023, is the removal of the value assessment system based on geographical distinction. The answer to this question, which has been most wondered by foreign investors and legal professionals, is clear: as of October 16, 2023, the minimum value limit for obtaining a short-term residence permit through real estate in all 81 provinces of Turkey has been standardized to USD 200,000.

The tiered limit application, which was USD 75,000 for metropolitan cities and USD 50,000 for other cities not having metropolitan status in the old practice, has been completely abolished. This means that there is no longer any difference in value for residence permit applications between a property purchased in metropolitan cities like Muğla, Antalya, or İzmir, and a property purchased in a province without metropolitan status like Yozgat, Kars, or Sinop.

While this standardization aims to simplify administrative processes, it has significantly raised the entry threshold for foreigners planning to invest, especially in smaller cities. From October 16, 2023, onwards, for a property with a title deed transfer to be the basis for a residence permit application, both the official sales price on the Title Deed and the value from the CMB-approved appraisal report must be above the USD 200,000 limit, regardless of where in Turkey it is located. This situation requires foreigners to reconsider their investment strategies. The administration's determination to implement this new uniform rule necessitates the flawless management of title deed and appraisal processes. Support from a Turkey immigration lawyer has become even more crucial for the legal grounding of this high-value investment and to avoid administrative rejection decisions. Working with an authorized Turkey residence permit lawyer during the application process is the most effective way to ensure the smooth transformation of the USD 200,000 investment into a legal status.

Acquired Rights of Foreigners Who Purchased Real Estate in Turkey Before October 16, 2023, Regarding Residence Permits

Do foreigners who bought houses in Turkey before October 16, 2023, continue to have the right to extend their residence permits?

The increase of the minimum limit to 200,000 USD on October 16, 2023, has caused serious concern among current property owners who invested with limits of 50,000 USD or 75,000 USD before this date. The principle of "respect for acquired rights," one of the fundamental principles of law, protects current investors in this regard. Administrative regulation protects the acquired rights of foreigners who completed their title deed transfers before this date.

However, despite the legal situation being so clear, significant differences and problems are being experienced in administrative practice (in practice). According to acquired experience, most Provincial Migration Directorates can reject extension applications based on low-value Title Deeds (e.g., 75,000 USD) acquired before October 16, 2023, disregarding the principle of non-retroactivity of law and acquired rights.

These rejection decisions stem from the administration's erroneous interpretation of the new regulation and constitute an unlawful situation. The legal status of foreigners whose residence permit extension applications are rejected despite owning real estate is jeopardized. At this point, the only way to protect the acquired right is to file an action for annulment before the Administrative Court within the legal periods from the notification of the administrative action. In these lawsuits, as the principle of acquired rights is taken as the basis, generally, positive decisions are made for the suspension of execution and the annulment of the action.

To avoid loss of rights in this complex process, it is critically important to have the application handled from the very beginning by an expert Turkey immigration lawyer. The preparation and follow-up of the application by a professional law firm reduce the administration's tendency to issue rejection decisions at the initial stage and create a positive impact. In the event of a rejection decision, conducting the process with a Turkey residence permit lawyer ensures that acquired rights are legally secured through the path of an annulment lawsuit.

It should not be forgotten that this acquired right is not tied to the person but to the specific real estate acquired before October 16, 2023. If the foreigner sells this property and acquires a new property, this new acquisition will be subject to the 200,000 USD limit.

Things to Consider When Applying for Extension of Residence Permit Through Real Estate in Turkey

What documents are needed and how does the process work when applying for an extension of a short-term residence permit as a real estate owner in Turkey?

Extension applications for short-term residence permit based on real estate ownership are legal transactions that require as much meticulousness as the initial application. To ensure the uninterrupted continuation of the residence permit, it is mandatory to submit the extension application before the current permit expires (within the last 60 days before the expiry date according to the legislation).

The regulation dated October 16, 2023, has divided the extension processes into two categories:

1. Beneficiaries of Acquired Rights (Title Deed Owners Before October 16, 2023): Foreign nationals in this group are not subject to the new USD 200,000 limit for extension applications. However, there is a risk that the authorities may misinterpret these applications and reject them, as mentioned in the previous section.
2. Those Subject to the New Regulation (Title Deed Owners After October 16, 2023): These individuals apply for an extension with a Title Deed acquired in accordance with the USD 200,000 limit.

In both cases, it is essential for the extension application file to be complete. The Directorate General of Migration Management meticulously checks the validity of the following documents, in particular:

• A current Title Deed Record showing that the real estate still belongs to the applicant (a photocopy of the Title Deed is not sufficient).
• A valid and current policy for the Compulsory Earthquake Insurance for the real estate.
• An Address Registration Document obtained from the Population Directorate, proving that the applicant resides at that address.
• A valid private health insurance covering the requested extension period.
• A House Numbering or Address Confirmation Document obtained from the municipality, confirming the address of the real estate.

In practice, the absence of an address registration, an expired Compulsory Earthquake Insurance policy, or even a minor discrepancy in the Title Deed Record can lead to the rejection of the extension application. There is a risk that even a foreigner with acquired rights may lose their rights due to such simple procedural errors. Therefore, having the extension process managed by a Turkey residence permit lawyer ensures that the file is prepared completely and in accordance with the administration's expectations. In the event of a possible rejection, working with a Turkey residence permit lawyer allows for the immediate initiation of the process to file an appeal.

Differences Between Citizenship by Investment and Residency Permit Based on Real Estate Acquisition in Turkey

What are the fundamental differences between a $400,000 citizenship application and a $200,000 residency permit application in Turkey?

The acquisition of real estate in Turkey by foreign investors is often confused between two different legal statuses: (1) short-term residence permit based on Law No. 6458 on Foreigners and International Protection (LFIP), and (2) subsequent acquisition of Turkish citizenship (exceptional pathway) based on Law No. 5901 on Turkish Citizenship (LTC). Although the increase of the residence permit limit to 200,000 USD with the regulation of October 16, 2023, has brought these two pathways closer in monetary terms, there are fundamental legal differences between them in terms of status, rights, and commitments.

• 1. Legal Status and Rights:

  • Residence Permit (200,000 USD+): This pathway does not grant Turkish citizenship to the foreigner. It provides a temporary status that allows the foreigner to legally reside in Turkey for specified periods (usually two years). This permit does not grant the foreigner the right to a Turkish passport, to vote, or to hold public office.
  • Citizenship (400,000 USD+): This pathway, in accordance with Article 12 of the LTC, grants direct and permanent Turkish citizenship status to the foreigner and their family (spouse and children under 18 or dependent children). This status provides all the rights of a Turkish citizen, including the right to a Turkish passport and the right to vote and be elected.

• 2. Investment Commitment (Sales Restriction):

  • Residence Permit (200,000 USD+): There is no mandatory requirement to place a "prohibition of sale annotation" on the land registry record of the acquired real estate. The foreigner can sell the real estate at any time; however, if they sell it, their current permit will be canceled as the basis for the residence permit will be removed, and they will be unable to apply for an extension.
  • Citizenship (400,000 USD+): It is a legal requirement to place a "prohibition of sale for 3 years" annotation on the land registry record of the acquired real estate. If the property is sold or transferred before the completion of this 3-year period, the citizenship status will be re-evaluated by the Directorate General of Population and Citizenship Affairs and may be revoked.

• 3. Application Process:

  • The residence permit process is managed by the Provincial Directorates of Migration Management.
  • The citizenship process is managed by the Directorate General of Population and Citizenship Affairs and related commissions. The citizenship process involves a much more comprehensive security investigation and archive research.

The investor's objective (whether to simply reside in Turkey or to become a full citizen) will determine which pathway to apply for. Obtaining joint consultation from a Turkey citizenship lawyer and a Turkey residence permit lawyer in making this strategic decision will ensure that the investment is grounded on the most appropriate legal basis.

The Importance of Lawyer Support in the Residence Permit Process Based on Real Estate Acquisition in Turkey

Why is lawyer support critical in the process of obtaining a residence permit through $200,000 in real estate or protecting vested rights in Turkey?

The amendment of October 16, 2023, has made the process of obtaining a residence permit through real estate in Turkey more complex financially and legally. Whether you are planning a new investment of $200,000 or trying to protect your vested rights based on a property acquired before October 16, 2023, obtaining professional legal support is a necessity rather than a luxury. In new applications, technical errors such as discrepancies between the appraisal report and the Title Deed value, or deficiencies in bank transfers, can lead to the rejection of investments worth hundreds of thousands of dollars with an administrative decision.

The risk is even greater for existing property owners with vested rights. It has been observed that some Provincial Directorate of Migration officials reject extension applications, disregarding vested rights. In such cases, the only solution is to file an annulment lawsuit by applying to the Administrative Court within the legal time limit. Working with a Turkey residence permit lawyer ensures that both initial applications and extension files are prepared in full compliance with the administration's expectations, and effectively protects your legal rights before the court in case of an unjust rejection.

In your short-term residence permit process in Turkey, you can receive professional consultancy from KL Legal Consultancy to ensure that your transactions are carried out completely and accurately. Especially if you are looking for an İzmir residence permit lawyer, you can secure your investment and your legal right to stay by contacting our expert team in the field.