Serka Law Firm in Turkey

Turkish citizenship by buying property

In 2012, under the land registry law, Turkey recognized reciprocity for 52 countries in terms of the status of ownership for immovable property. Later on, Turkey amended to increase the number of countries, from 53 to 183 that can benefit from the immovable property investment. There are a handful of reasons to invest in immovable property in Turkey. One of the most valuable purposes is to acquire citizenship in Turkey, since gaining Turkish citizenship is not something you can directly ‘’buy’’. So, there is not any official department to get direct citizenship right away. This article will pave the way for you to make it happen.

Turkish citizenship by investment program

Acquiring new citizenship is an enthusiastic journey. Thus, many people are curious and would like to know what they need to know about the process.
• For starters, you must get a tax registration number, and luckily the state has a countless number of tax offices in every city where you can get the number.
• The reason why you need to obtain a tax registration number is to open a bank account based in Turkey.
• Search for the property market. A piece of friendly advice, real estate investments are the most profitable investments in the long term. Do not see your investment only for a key to citizenship but also a smart profit in the long-term. Find a property worth of $250,000 for a minimum. And do not hesitate to invest in more than one property if you cannot find a single immovable or real property. Also, if your protentional property is still in progress of the building, make sure that the construction will soon end before you apply for citizenship.
• Purchase via transferring your money with a bank. Documenting your process has crucial importance. Your purchase also is required to be notarized with an annotation. The annotation grantees that the property will be yours for the next three years.
• Your bank receipt is in need of confirmation by the Ministry of Environment and Urbanization.
• After you finalize your investment, you can apply for a residency at the Directorate General of Migration Management.
• Last but least, apply for your citizenship: at this stage, you’ll be required to have an attorney. Choose your attorney wisely because they represent your will and power.

Frequently Asked Question About The Process

Minimum how long should I have my property?
You have to keep your property for at least three years. In fact, one of the purposes of notarizing investment to promise not to sell your property. However, this does not mean that you must dwell on your property. You are more than welcome to rent it.

Would I lose my citizenship after selling my property?
If you keep your property for three years, you can sell it without losing your citizenship.

Do my family members acquire citizenship with my investment?
One of the great things about Turkey, we value family so much and would keep you away from your loved ones. Thus, your married spouse and your kids can obtain citizenship with your investment.

For the Exceptional Acquiring Turkish Citizenship, those below should be done:
1- Purchasing real estate or real estates in the amount of 250.000,00 USD proved by an appraiser(expert) accepted by Stock Exchange Commission and has valid license.
2- The annotation stating that it is not be sold for three (3) years at Directorate of Land Registry while purchasing a real estate. (Confiscation is excluded.)

After that: (Our service fee for Acquiring Turkish Citizenship depends on the complexity of the process according to the status of the clients.)
3- Getting an appointment from Immigration Authority of Governorship of Istanbul by filling in an application form. Appointments are usually a month later the application. Most of the required documents shall be prepared by our firm with the special power of attorney. Costs for residence permit are around: 295 TL per year for most of the countries + 72 TL residence card fee + 1 year health insurance depending on the age is between 310 TL – 740 TL. For some countries 400 TL is also charged as entrance fee. For the power of attorney concluded in Turkish Notary it shall cost around 1250 TL including costs of translation of the passport, oral interpreting by sworn translator in case buyer doesn’t know Turkish. If the buyer know Turkish it shall cost around 300 TL. This cost varies little on notaries, translators and how many people are included in the power of attorney.
4- Making application to İstanbul Directorate of Civil Registration for Acquiring Turkish Citizenship with the residence permit. This application can be done with the power of attorney in the name of the buyer and his/her family, but sometimes İstanbul Directorate of Civil Registration demands to see the applicants personally. 100 TL service fee shall be paid to İstanbul Directorate of Civil Registration.
5- All of this information mentioned above takes around 3 to 6 weeks. After this time period and all the files completed, İstanbul Directorate of Civil Registration sends the citizenship application file to the General Directorate in Ankara and it might take around 1-3 months or more for Acquiring Turkish Citizenship.
6- Lastly, it is probable to directly apply to the General Directorate of Civil Registration and Nationality in Ankara with the required documents to make the processes faster. But it shall be charged $500 extra

Maritime Trade Law in Turkey

This field, which we can define as the law of maritime trade, is one of our specialties. As Serka Law Firm, he won many maritime trade cases; We have been very successful not only in litigation, but also in the preparation of relevant contracts. Maritime trade law is a very broad subject as you can imagine. Issues such as cargo disputes, responsibilities of ship owners, seizure of ships are the subjects of maritime trade law. Therefore, lawyers dealing with maritime trade should follow up the ports and related units well, and should have a good command of shipping agreements. Since different legal agreements are valid in different countries, people who specialize in maritime trade law should have in-depth knowledge on this subject. In a dispute or problem arising from maritime trade, the course of the case may change in terms of the sea and the countries to which it is affiliated. For this reason, those working in the field of maritime law should be very meticulous and knowledgeable.

International Maritime Trade

Serka Law Firm also provides services to port operators with its experienced team in maritime trade law. In case of damage to vehicles and equipment in accidents that may occur in connection with the port, it may initiate legal action, and Serka Law Firm may personally revise the current contracts. Serka Law Firm has helped countless people on maritime trade law and solved their cases. Working with a professional team, Serka Law Firm resolves disputes over maritime trade with its professional team. This professional team also provides legal consultancy in paper works such as building license, operating certificate, private security permit certificate, port facility compliance certificate. If you need legal consultancy on maritime trade law, you can contact Serka Law Firm and solve your problem. You can contact Serka Law Firm for more detailed information about maritime trade law.

Turkish Citizenship by Investment Lawyer

Why a lawyer?

It is important to answer to the question why citizens should work with  an expert lawyer before thinking about who a lawyer is. People consult legal knowledge of a lawyer to settle their disputes and problems arising in their relations with each other or with the state before the court. The lawyer represents people in the relevant authorities and defends their rights. When a citizen encounters any kind of problem, he/she will want to solve it through court and judicial process. Legal issues can be thought as complicated for individuals who doesn’t have knowledge about legal issues. Consulting and working with a lawyer ensure that your case is concluded as it should be. It allows you to consult your lawyer about anything that is complicated or comes to your mind. Because of all this, you will understand the process better, you will have worked with a professional and you will have taken an important step to get the desired result from your case.

If you wonder about the reason why I should work with lawyer question, an expert lawyer will guide you with information about the law and the law in the process of the case and until the case is concluded. When you work with an expert lawyer, your rights are defended professionally and you can achieve the best result from your case. For this reason, it is important to work with a professional lawyer. It is of great importance that you work with a lawyer, especially in the fields of Turkish Citizenship by investment lawyer and Turkish Citizenship by investment law. This means Turkish citizenship with the Investment lawyer and Turkish citizenship with the investment law. Working with an expert lawyer in such kind of fields is of great importance for you to get Turkish citizenship.

Why Serka Law Firm?

Serka Law Firm serves its consultants in many languages. These languages are the most commonly used languages such as Turkish, English, Russian, Arabic, Portuguese, Spanish, Chinese and German. The use of these languages allows Turkish and foreign customers to receive legal services easily and quickly. As Serka Law Firm, Our lawyers deal with the cases of foreign clients in the most professional and competent way. Serka Law Firm provides the fastest consultancy to foreign citizens who have been wrongfully arrested and want to be deported. Cases and objections to cases are filed for foreign citizens who have problems in this regard. Providing services in many universal languages makes the communication with foreign citizens strong and comprehensible. As a prominent law office, our lawyers carry through the applications of foreign citizens who live in Turkey and want to have a residence and work permit in Turkey. Serka Law Firm has conducted successful cases in the fields of Turkish Citizenship by investment lawyer and Turkish Citizenship by investment law. Our company Serka Law Firm has ensured the satisfaction of many consultants by providing customer-oriented and successful services in all these areas.

Turkish Citizenship by Investment Lawyer

The services provided by Serka Law Firm support its consultants in the issues such as Turkish citizenship by investment law, deportation orders and exclusion orders, company affairs and transactions through commercial cases, compensation cases, criminal cases and jurisdiction, debt collection, enforcement and attachment proceedings, family problems and divorce cases, residence permit, work permit and investment. Serka Law Firm is a very prominent law firm in getting Turkish citizenship by investing in Turkish citizenship. Our company is a law office with experience in all its services. It serves in all areas of law and works with successful lawyers. Companies that do not have a law office and a law firm can extend jobs for months and often get rejected from these jobs. However, Serka Law Firm and its lawyers are experts in these fields and are willing to ensure that your issue is resolved properly as soon as possible.

Why Should I Work with a Law Firm?

Law offices are the title given to the offices where there are lawyers and where they serve, which work to ensure and protect the rights of natural and legal people before law, provide consultancy to individuals and carry out litigation. Law firms defend the rights of their consultants before the law and defend their clients in different cases. Law firms serve their consultant with many experienced lawyers. Turkish citizenship by investment lawyer provided that they do not withdraw these investments for three years. This is a practical situation in terms of finding a lawyer who can defend you in all your cases and who has expert lawyers in his/her field. Serka Law Firm provides quality services to its consultants with its experienced and professional lawyers. Serka Law Firm, which provides consultancy services, consultants’ advocacy in cases and services in all areas of law, is a successful office and consultant satisfaction is quite high.

Working with a law firm allows an individual to have the best knowledge of the case processes, to get the best and successful result in a case, to answer all potential questions have with successful lawyers and to be personally satisfied to a great extent. The most important feature of law firms for their success is that lawyers defend the rights of their consultants in the best way possible. Serka Law Firm and its lawyers defend and provide the most professional defense of their consultants before the judiciary and Turkish citizenship by investment law.

The most important reason for working with a law firm is to ensure that your case is resolved quickly and positively. Some organizations that do not have law offices and law firms may not solve your case for months and there is a high possibility of negative consequences such as rejection. Serka Law Firm has a quiete professional and experienced team in this regard. For this reason, it is important to work with an experienced law firm. Serka Law Firm is an expert firm that has achieved success in the fields of Turkish Citizenship by investment lawyer and Turkish Citizenship by investment law.

Citizenship of Turkey through Investment

One of the most expert subjects of Serka Law Firm is the legal process of Turkish Citizenship by investment lawyer and Turkish Citizenship by investment law. Serka Law Firm, which provides services to foreign citizens in many languages, supports its consultants with highly experienced lawyers in case processes. In recent years, Turkey has become an attractive country to invest for foreign citizens. The Republic of Turkey, on the other hand, offered the opportunity of Turkish citizenship to foreign citizens who wanted to make this investment to this attractive country. This opportunity has been one of the best advantages for individuals who want to become Turkish citizens and want to live by investing in Turkey. Foreign citizens who make 250 thousand dollars of real estate investment in Turkey, establish a company or invest $500,000 in a company can get Turkish citizenship by investment lawyer provided that they do not withdraw these investments for three years. This situation will not be a problem for people to sell these investments after they have acquired Turkish citizenship. In such kind of situations, it would be beneficial to work with an experienced law firm and lawyers who have great knowledge about law and regulations because Turkish citizenship through investment is also a legal process and necessarily requires working with an experienced lawyer. Serka Law Firm, which is expert and experienced in this regard, will be with you with its highest quality services.

Residence Permit and Work Permit

There are two conditions for getting a work permit in Turkey. The first one is being a student and getting permission request by Turkish consulates or embassies. Foreign citizens who want to reside in Turkey want to apply for a residence permit. If you have a valid visa, you can apply for a residence permit. Working with a law firm that will support you in all this legal process will be beneficial for individuals to get more information and to dominate the process. Cases with Serka Law Firm, which serves foreign citizens in many languages, will contribute to the most accurate progress of a legal process.

Debt Collection, Execution, and Confiscation Operations

Debt collection, execution, and confiscation operations sound overwhelming, most times. What they refer to legally? What are your rights if you encounter any of these? What kind of action you must take? These questions are frequently asked by many. You can continue to read if the problems are relatable. Plus, the articles apply to both creditors and debtors.

What is the Procedure of Debt Collection in Turkey?

There are two core foundations to start debt collection proceedings in Turkey: The first one is enforcement proceedings without a court judgment. The second is enforcement proceedings with a court judgment.

1. Enforcement Proceedings without a Court Judgment: Three application of enforcement proceedings are:

• General seizure enforcement proceedings
• Enforcement to bonds
• Eviction of rented immovable properties enforcement

Debt Execution happens in this procedure when the creditor applies for a debt collection request, which is called a payment order. Here is what you can do if you’d like to reject the debt collection as a debtor?

• Debtors have the right to object to the signature: If you have debt because of a deep, and if the signature on the deep is not yours, you can apply for an objection at the Debt Execution Office.
• Debtors have the right to object to the debt: If you as a debtor claim that the debt is not yours, you can object to Debt Execution Office.
• Debtors have the right to object to the authority: If you believe as a debtor that the debt execution office has no right to execute, you can claim an objection.

Let’s say that you are the creditor. So, you can file an action for the revocation of the objection. Or you can submit an action for the abolition of the objection.

1. Enforcement Proceedings with a Court Judgment

In this proceeding, there must be a judge’s decision to collect the debt. This case differs in terms of the name of the order. The payment order is named as a debt collection order since it is enforceable. The judge issues the order, which is submitted by the creditor. Also, the submission must include the full name and the address of both the debtor’s creditor; and the debt value, including the interest rates.

Confiscation Operation

When the creditor demands to collect the proceeds of the debt via executive proceeding instead of filing an action for debt, the creditor could finalize the procedure (Unless the debtor object against the order of payment). In this case, the collector could collect their debt through a confiscation operation on the debtor. If you are the debtor in this scenario, you can fill and submit a Withdrawal of Appeal Suit or Nullity Suit for Exception to reject the confiscation operation. From this perspective, Precautionary Distraint is significant.

Precautionary Distraint is the confiscation of a debtor’s assets by a preliminary seizure, decision of the order, at the stage where the creditor cannot currently request “final injunction” and before filing a lawsuit or initiating an enforcement proceeding.

Family Issues and Divorce Cases

Marriage is a dream of a happy ending for all of us. However, sometimes life has other plans for us. If you are considering divorce; what options and rights do you possess, in this article, Serka Law Firm gathered the legal information you need to know in general terms.

Serka Law, which provides services not only in international but also in domestic arbitration cases, is ready to serve you with its professional team

Legal Definition and Types of Divorce

Marriage, issued by a civil servant, can only be terminated with the decision of a judge by uncontested or contested divorce cases (According to the Civil Code No. 4721). Divorce cases have entitled a type of lawsuit carried out in the family court by applying different procedural rules than other private law cases. Legal problems that are the attachment of divorce might embody as alimony, financial and moral compensation, sharing of household items, and so forth. Therefore, it is better to be represented by an attorney who could save you from these burdens.

• Uncontested Divorce: Separation type happens when both parties agree on all the consequences of the divorce and end the marriage union.
• Contested Divorce: The type occurs when one or both parties cannot be agreeing on financial and moral compensation, alimony, custody, sharing of household items. Contested divorce files are examined based on two categories of reasons: general or specific grounds for divorce.

1. General Grounds: Incompatibility, dispute due to temperament, insults, violence, disturbing behaviors, failure to fulfill marital obligations are general grounds of divorce. Any variations of these behaviors or actions can be a reason to divorce.
2. Special Grounds: According to the Turkish Civil Law, specific reasons for divorce follows as:

• Adultery (Article 161/TCL)
• Attempt on life, misbehavior, or indignity (Article 162/ TCL)
• Delinquency or living a dishonorable life (Article 163/ TCL)
• Desertion (Article 164/ TCL)
• Mental illness (Article 165/ TCL)

How to File an Uncontested Divorce?

Uncontested divorce proceedings a precondition of one-year of marriage. Parties must stay married for at least one year. Turkish Civil Law doesn’t count time of engagement and, marriage under religious doctrine as legal. After one year, one or both parties file a divorce. They must write a petition that says that both parties have consent for divorce.

How to File a Contested Divorce?

If the existence of a special ground for divorce (Articles 161-165) is proven, the judge must make a divorce or separation decision. The plaintiff doesn’t have to prove the other party’s fault or the effects of the act. They only must prove the special ground for divorce is enough to make a divorce decision.

You might wonder whether you have right to file a divorce for both special and general grounds. Yes, you possess that right. If the divorce case has been filed based on both general and a special ground for divorce, the court must decide separately on general and specific reasons. However, if your lawsuit is filed on the ground of a special reason for divorce, the court cannot finalize your divorce with jurisdiction regarding the general grounds for divorce by special grounds.

ommercial Cases

The most common resolution method in Turkey is determined for commercial cases in litigation. Basically, The Civil Procedural Code No. (CPC) is the main legislative tool for commercial case lawsuits filed within the framework of civil disputes. In addition, 4 basic codes prepared for use in more specific situations are as follows:

• Turkish Commercial Code.
• Code of Labor Courts.
• Enforcement and Bankruptcy Code.
• International Arbitration Code.

Which Codes Are Used for Which Cases?

Alternative methods such as arbitration or mediation are also used in the resolution process of commercial cases in Turkey. The main legislation tool used for international arbitration is International Arbitration Code No 4686 (IAC). This code is basically based on the UNCITRAL Model Law. Furthermore, CPC is used for domestic arbitration cases. The main legislation tool used in Mediation processes is Mediation in Civil Disputes Code No 6325.

Statute of Limitation in Commercial Cases

The statute of limitation determined for many of the commercial cases in Turkey in five years. There may be exceptions. Cases occurring within the framework of the following situations are five years:

1. Lease payments
2. Principal interest
3. Salary
4. Commission agreements
5. Brokerage agreements (not commercial brokerages)
6. Disputes developed out of shareholders’ agreements (can be between managers or shareholders)
7. Personal representatives
8. Auditors
9. Minor artwork and small-scale retail sales
10. Accommodation fees in hotels
11. Pensions
12. Agency
13. Professional negligence
14. Works contracts (non-performance situations can sometimes occur due to the contractor’s gross misconduct. These contracts are excluded from such cases.)

Judicial Structure for Commercial Cases in Turkey

As a foreigner in Turkey, you can trust Serka Law in all of the following areas related to commercial cases:

• Unfair Competition,
• Corporate Liquidations,
• Mergers and Acquisitions,
• Corporate Restructuring Processes for domestic and foreign corporations,
• Share Purchase Agreements,
• Joint-Stock Companys,
• Articles of Association,
• Limited Liability Companys,
• Corporate Governance,
• Shareholders Agreements,
• Incorporation of Companys,
• Joint-Venture Agreements,
• Board of Directors Memberships,
• Resolution of General Assemblies,
• Capital Structures.

What Does Our Professional Attorneys Do?

At Serka Law, you can work with lawyers from whom you can get support for the following commercial cases:

• Preparation of comprehensive commercial contracts that comply with the Turkish Commercial Code for commercial relations of individuals or companies.
• Ensuring correct and flawless management in legal terms in processes such as consolidation or transfer of companies and other institutions.
• Legal counseling of companies with foreign capital and established in Turkey
• Legal consultancy for companies with domestic capital and established in Turkey,
• Consultancy services for making internal and external decisions within the framework of basic code,
• Managing the liquidation process in accordance with the law after the company bankruptcy or other similar situations,
• Consultancy service within the framework of procedures and methods regarding corporate logistics operations,
• Management of cases filed in case of bankruptcy of companies,
• Control and management of bankruptcy postponement processes,
• Management of tender proceedings and consultancy in cancellation processes when necessary.

You can contact us to get service from professional attorneys and listen to benefit from our solutions developed for company-based or individual-based commercial cases.

According to the Turkish Penal Code Article 8, whether foreigners or citizens commit a crime in Turkey, the perpetrator gets punishment. What does “to commit a crime in Turkey” mean? It means that criminal action has (partly) taken in Turkey. The criminal law proceeding is also known as the territoriality system.

Sometimes foreigner commits a crime in other countries which, requires jurisdiction in Turkey. There are two main two proceeding types:

• If a foreigner commits a crime that will damage Turkey’s reputation, and if their action requires at least one year of jail punishment
• Regardless of the amount of legal punishment for some offenses require a proceeding in Turkey if the offense hurt someone.

Serka Law, which provides services not only in international but also in domestic arbitration cases, is ready to serve you with its professional team

The Criminal Cases of Foreigners Who Commit Detrimental Actions Against Turkey

The offense types are entitled to the Turkish Supreme Court. The Supreme Court asks for some preconditions which fulfill action to proceed on the court:

• The perpetrator must commit the action outside of the border of Turkey.
• The perpetrator must not be a Turkish citizen.
• The offense must require one year of imprisonment (minimum).
• The defense must damage Turkey or Turkish citizens. If this is the case, two preconditions must fulfill:

1. If perpetrator or suspect does not get sentenced due to their offense in other countries
2. If the one who gets harmed by the action apply for a trial

• The official must find the suspect or perpetrator in Turkey.
• If the offense has imprisonment punishment of more than three year
• If an extradition agreement does not exist between the perpetrators’ country
• If the extradition exits but one party disagrees

Crimes Covered by Absolute Trial Authorization by Turkey

• There some actions that get judged in Turkey, whether it happens in Turkey or not:
  • Holocaust
  • Crimes against humanity
  • Refugee trafficking
  • Human trafficking
  • Detrimental offenses against Turkey’s sovereignty
  • Torture
  • Polluting the environment on purpose
  • Drug selling and manufacturing
  • Facilitating drug usage
  • Money forgery
  • Seal counterfeiting
  • Prostitution
  • To hijack any vehicles:

The Authorized Courts for the Crimes Which Committed in Other Countries

Up to Article 14 of the Turkish Panel Code, under the provisions of law and jurisdiction in crimes committed in foreign countries should be investigated and prosecuted in Turkey is determined as follows:

• If the location of the crime is not evident, the court gets authorized where the suspect or perpetrator gets caught.
• The nearest court gets authorized where the suspect or perpetrator has lived for the last time.