Turkey Visa Application Formalities

INFORMATION ABOUT TURKISH VISAS AND WORK/RESIDENCE PERMITS

Visa is a form affixed into the passports to prove that the holder of the passport meets the requirements for admission into the issuing country.

There are two types of visas in the Turkish practice:

1) Entry visa (single entry, multiple entry and entry with special annotations)

2) Transit visa (single and double transit)

Single entry visa is valid for one year and allows its holder, depending on the nationality and passport type, to stay in Turkey up to three months and to visit the country only one time.

Multiple entry visa is valid for up to five years and allows its holder to make multiple visits and, depending on the nationality and passport type he/she can stay one to three months each time he/she enters into Turkey.

Transit visa is valid for up to three months and allows the person to travel to another country through transiting the Turkish territory.

If the connecting flight to the third country does not require an overnight stay in Turkey, then no visa is necessary. In other words, Turkey does not issue Airport Transit Visa (ATV).

The passengers of cruise ships are allowed to enter and stay overnight in the port cities of Turkey upon the permission given by local border police authorities. These passengers are not required to obtain an entry visa to Turkey.

A- Foreigners desiring to travel to Turkey for tourism purpose (Tourist Visas)

Where and When do I apply for a Tourist Visa?

Step 1. Please click here to see whether you need to have a visa to enter into Turkey or not.

Step 2. Please click here to see the contact information of the nearest Turkish Embassy/Consulate General.

Step 3. Citizens of some countries have the possibility to obtain their visas at the Turkish border gates (sticker visa). Please click on here to see the list of countries whose nationals are allowed to obtain their visas at the border gates.

For cruise passengers: Those cruise passengers coming to a Turkish port of call by a cruise ship and thereafter leave Turkey by the same cruise ship for another country, are exempt from visa for a maximum period of 72 hours (with the permission given by the local security authorities).

What are the requirements for entry visa applications?

As a general rule, the applicant must apply in person particularly when the visa application is lodged for the first time. Visa applications may also be received by mail in exceptional cases, especially in geographically large countries and when the applicant is well known by the Turkish Embassy/Consulate where the application is lodged.

The applicant is required to submit the following documents while applying in person:

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested visa),
Completed visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

Documents supporting the purpose and the conditions of the planned visit (e.g. letter of invitation, travel itinerary, round trip ticket, hotel reservation with payment guarantee etc.),

Guarantees regarding means of subsistence,

Non-refundable visa processing fee (the amount differs depending on the nationality and visa type),

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

If the person applies for a business visa, an invitation letter from the counterpart company is also required in addition to the above mentioned documents.

Note: Please be informed that the requested documents may vary according to the local conditions where the Turkish Embassy/Consulate is based.

Note: If the relevant Turkish Embassy/Consulate exceptionally receives the visa applications by mail or by courier service, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope. For visa applications at the Turkish Embassy in Ottava: Documents should be sent via Canada Post Corporation only. Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

If the person prefers to obtain the entry visa at a Turkish border gate (please first go to Step 3 above and check of which countries nationals may obtain their visas at the Turkish border gates), then he/she will be required to have the following documents:

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the visa requested.)

Non-refundable visa processing fee (the amount differs depending on the nationality and visa type)

Note: Please be informed that any other documents which are relevant to the applicant’s visit/stay in Turkey can be requested by the Turkish border officials and also note that only tourist visas may be issued at the Turkish border gates.

What are the requirements for holders of travel documents?

Holders of travel documents, such as alien’s passport and refugee travel document, are required to have a consular visa to enter into Turkey. They are strongly recommended to apply to the nearest Turkish Embassy/Consulate for the visa at least 6 weeks in advance, since their application is subject to the approval of the Ministry of Interior of Turkey.

It is also recommended that applicants with travel documents should not finalize their travel plans and arrangements until they are notified about the result of their visa applications.

The applicant is required to submit the following documents while applying in person:

Valid travel document (such as alien’s passport or refugee travel document) (It should be valid at least three months longer than the expiry date of the requested visa),
Completed visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

Documents supporting the purpose and the conditions of the planned visit (e.g. letter of invitation, travel itinerary, round trip ticket, hotel reservation with payment guarantee etc.),

Guarantees regarding means of subsistence,

Non-refundable visa processing fee (the amount differs depending on the nationality and visa type),

Valid residence permit or any document that proves the applicant legally stays in that country where the Turkish mission is based.

If the person applies for a business visa, an invitation letter from the counterpart company is also required in addition to the above mentioned documents.

Note: Please be informed that the requested documents may vary according to the local conditions where the Turkish Embassy/Consulate is based.

Note: If the relevant Turkish Embassy/Consulate exceptionally receives the visa applications by mail or by courier service, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, since the original passport will be returned inside that envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

Note: Please be informed that the holders of travel documents cannot obtain their visas at the Turkish border gates. They should have a consular visa.

B- Transit Visas

1. Single transit visa; entitles one entry, within three months at most. Duration of stay cannot exceed thirty days.

2. Double transit visa; entitles two entries within three months. Duration of stay for each entry cannot exceed thirty days.

What are the requirements for transit visa applications?

The same documents, stated as for the tourist visa applications, are required for the transit visa applications. Please contact with the nearest Turkish Embassy/Consulate for more information.

Note: If the relevant Turkish Embassy/Consulate exceptionally receives the visa applications by mail or by courier service, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, since the original passport will be returned inside that envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

Note: Passengers who will have to wait at the Turkish International Airports for their next connecting flights are not required to have an “Airport Transit Visa (ATV)”. However, should those passengers wish to take a tour at the city or stay over, they have to either obtain their transit visas at the Turkish Embassies/Consulates in advance or they should ask for a “permission document” from the Turkish border security officials upon their arrival. Please be informed that the Turkish border security officials have the authority to grant or deny permission.

C- Entry visas with special annotations (Work, Education and Research Visas)

Foreigners who intend to work, study or conduct an academic or a scientific research in Turkey are obliged to obtain their visas at the Turkish Embassies/Consulates prior to their arrival.

1. Work Visa

Work visa is given to the work permit holders and is issued for single entry.

The person can only apply for a work visa after he/she has signed a work contract with a Turkish employer and has applied for a work permit to the Ministy of Labor and Social Security (MLSS) of the Republic of Turkey.

– Application for Work Permit inside Turkey

Foreigners who have already been granted residence permits in Turkey which is valid for at least six months (for any reason, except education and training) may apply for work permits to the Ministry of Labor and Social Security.

– Application for Work Permit from Abroad

Foreigners may submit their application forms for work permits through Turkish Embassies/Consulates. Work permits are generally valid for one year.

Please click here to visit the homepage of the Ministry of Labor and Social Security for detailed information concerning the work permits for foreigners.

What are the requirements for work visa applications?

First Step:

In the first step, the applicant should submit the following documents to the nearest Turkish Embassy/Consulate in person to apply for a work permit and work visa.

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested work visa),
Completed work visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

One copy of the work contract,

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

The issue of work permit by the Ministry of Labor and Social Security may take 6-8 weeks after the application has been lodged. Once the application is approved, the applicant will be informed about the outcome through e-mail or phone. When the work permit is issued and work visa application is approved by the Ministry of Labor and Social Security, the applicant must submit the following documents in person to the Turkish Embassy/Consulate where he/she has lodged the work permit application.

Second Step:

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested work visa),

Non-refundable work visa processing fee (the amount may differ depending on the nationality),

Non-refundable work permit processing fee

Note: If the relevant Turkish Embassy/Consulate receives the visa applications by mail or by courier service in exceptional cases, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, as the original travel document will be sent inside the return envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

Work visa and work permit holders must apply to the Alien’s Branch of Local Police Department (Emniyet Mudurlugu Yabancilar Subesi) within 30 days upon their arrival at Turkey to obtain a residence permit. Once the person is granted with the residence permit, he/she can enter into Turkey multiple times as long as his/her residence permit is valid and thus he/she does not need a visa for entry into Turkey. If the extension of the residence permit is required, the extension or renewal should be made timely before the expiry date. The person is recommended to have the validity of the residence permit extended before leaving Turkey, if the validity of residence permit is to expire or has already expired.

2. Academics desiring to work at a university in Turkey

University instructors are exempt from work permit. Thus, they can set aside the first step described above and directly apply for a work visa to the nearest Turkish Embassy/Consulate. However, a letter of permission from Turkish Higher Education Board (YÖK) is necessary. In addition to this letter, they are requested to submit the following documents for work visa application.

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested work visa),
Completed work visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

Letter of permission from Turkish Higher Education Board,

Non-refundable work visa processing fee (the amount may differ depending on the nationality),

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

Note: If the relevant Turkish Embassy/Consulate receives the visa applications by mail or by courier service in exceptional cases, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, as the original travel document will be sent inside the return envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

Academics must also apply to the Alien’s Branch of Local Police Department (Emniyet Mudurlugu Yabancilar Subesi) within 30 days upon their arrival at Turkey to obtain a residence permit. Once the person is granted with the residence permit, he/she can enter into Turkey multiple times as long as his/her residence permit is valid and thus he/she does not need a visa for entry into Turkey. If the extension of the residence permit is required, the extension or renewal should be made timely before the expiry date. The person is recommended to have the validity of the residence permit extended before leaving Turkey, if the validity of residence permit is to expire or has already expired.

3. Education Visas

Foreigners may apply for education visa only after they have enrolled in a Turkish university, school or a language course certified by the Ministry of Education. Education visa is generally valid for one year for single entry. The person concerned should apply to the nearest Turkish Embassy/Consulate in person with the following documents.

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested education visa),
Completed education visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

An official acceptance letter from the Turkish university, school or a language course certified by the Ministry of Education,

Non-refundable education visa processing fee (the amount may differ depending on the nationality),

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

Note: If the relevant Turkish Embassy/Consulate receives the visa applications by mail or by courier service in exceptional cases, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, as the original travel document will be sent inside the return envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

This visa will allow the bearer to enter into Turkey and apply for a residence permit. Education visa holders must apply to the Alien’s Branch of Local Police Department (Emniyet Mudurlugu Yabancilar Subesi) within 30 days upon their arrival at Turkey to obtain a residence permit. Once the person is granted with the residence permit, he/she can enter into Turkey multiple times as long as his/her residence permit is valid and thus he/she does not need a visa for entry into Turkey. If the extension of the residence permit is required, the extension or renewal should be made timely before the expiry date. The person is recommended to have the validity of the residence permit extended before leaving Turkey, if the validity of residence permit is to expire or has already expired.

4. Research Visas

Researchers who plan to carry out archeological excavation and/or survey in Turkey

Researchers who plan to carry out archeological excavation and/or survey and underwater archeology research are requested to send their application forms (please be informed that hand written application forms are not preferred) to the Turkish Embassies/Consulates before December 1 of each year. There is no such deadline for cadastral registers research/survey applicants.

If research requires teamwork, the team leader should fill out the Research Application Form entirely. Each member of the team should also read and answer the all questions in the application form. The passport size pictures of the team members should be affixed at the top right corner of the application form. The team leader is responsible for collecting each team member’s application (please click here for application) and submitting the seven (7) copies with seven (7) passport size photos for each member (Please glue the pictures on the upper right corner of the first page, do not staple). The applicants are responsible for the mailing cost of their applications to Turkey. Therefore, they are kindly requested to attach the prepaid express mail envelope to mail the seven (7) copies of the application to Ministry of Foreign Affairs in Turkey.

All properly completed applications are processed as soon as possible and forwarded to Turkey to be reviewed. The Turkish Embassy/Consulate will inform the applicant/team leader about the result of the application via mail or e-mail.

When the research visa is approved, the person will need to visit the Turkish Embassy/Consulate in person with the following documents to obtain the research visa before travelling to Turkey.

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested education visa),

A letter mentioning the name of the team leader, travel date, research date and the name of the excavation.

Non-refundable visa processing fee (the amount may differ depending on the nationality),

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

Note: If the relevant Turkish Embassy/Consulate receives the visa applications by mail or by courier service in exceptional cases, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, as the original travel document will be sent inside the return envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

All researchers must apply to the Alien’s Branch of Local Police Department (Emniyet Mudurlugu Yabancilar Subesi) in the city, where they will be conducting the research, within 30 days upon their arrival at Turkey to obtain a residence permit.

For further information, please click here to visit the homepage of American Research Institute in Turkey and read the information under the title of “Turkish Research Permit Procedures”.

Library and Museum Researchers

Nationals of countries who are exempt from visa requirement, are also exempt from this type of research visa as well. Otherwise, as a general rule, library and museum researchers should obtain research visa from the Turkish Embassies/Consulates in advance before their arrival at Turkey. In this case, they are required to submit the letter of consent written by the Turkish institution that allows the applicant’s research in Turkey. This letter of consent will be provided to the applicant by the Turkish Institution after he/she submits the research application to that office.

For obtaining a letter of consent; please send a letter explaining your project details and accompanying documents to the below address (The Turkish Ministry of Culture and Tourism) by mail (preferred) or fax. (A letter written in Turkish will expedite the process.)

T.C. Kültür ve Turizm Bakanlığı

Kültür Varlıkları ve Müzeler Genel Müdürlüğü

2. Meclis Binası Yanı

Ulus, 06543, Ankara, TURKEY

Phone:(+90 312) 310 49 60

Fax:(+90 312) 311 66 03

e-mail: kulturvarlikmuze@kulturturizm.gov.tr

Applications through e-mail are not acceptable.

The applicant may apply from abroad or in Turkey. Please be advised that processing the application may take some time and it may be worth allowing several weeks to obtain the permit. If the applicant plans to utilize from a library in a museum, he/she may apply directly to the museum director.

For further information, please click here to visit the homepage of American Research Institute in Turkey.

Visa Application Process for Filming and Photographing

The Turkish Embassies/Consulates do not accept any filming and photographing permission applications. All completed pemission application forms should be mailed directly to the below address by the applicants.

T.C. Kültür ve Turizm Bakanlığı

Telif Hakları ve Sinema Genel Müdürlüğü

Eski Adliye Binası Kat:3

Ulus, 06330, Ankara, TURKEY

Tel: (+90 312) 310 08 11 – 310 00 26 – 310 01 42

Fax: (+90 312) 310 00 63

e-Mail:telifhaklari_sinema@kulturturizm.gov.tr

Please click here to reach the homepage of the Ministry of Culture and Tourism in order to download the application form for filming and photographing.

When the applicant receives filming and photographing permission from the Ministry of Culture and Tourism he/she can apply to the nearest Turkish Embassy/Consulate to receive the filming and photographing visa with the following documents.

Valid travel document (passport) (It should be valid at least three months longer than the expiry date of the requested education visa),
Completed visa application form,

One passport size photograph of the applicant (It should be affixed on the top left side of the visa application form),

The copy of the filming permission letter,

Non-refundable education visa processing fee (the amount may differ depending on the nationality),

If the person applies from a country other than his/her homeland, then he/she should also submit his/her valid residence permit or any document that proves he/she legally stays in that country.

Note: If the relevant Turkish Embassy/Consulate receives the visa applications by mail or by courier service in exceptional cases, the applicant must send the above mentioned documents and also a pre-paid or self-stamped return envelope (DHL, Fed Ex, Express, UPS, or some sort of insured/certified mail is highly recommended, as the original travel document will be sent inside the return envelope). Please contact with the nearest Turkish Embassy/Consulate to learn whether they receive the applications by mail or not.

D- Residence Permits

An entry visa enables the bearer to stay in Turkey for the duration stated on the visa sticker. However, if the person intends or is obliged to stay in Turkey longer than the permitted duration, this extension is subject to the approval of the Ministry of Interior. In this case, the person has to obtain a residence permit.

Applications for residence permits should be made to the Alien’s Branch of Local Police Departments (Emniyet Mudurlugu Yabancilar Subesi) within 30 days upon arrival at Turkey. Applicants are generally required to submit work permit, work visa, education visa or research visa and a letter describing his/her circumstances (i.e. employment, education, marriage to a Turkish citizen).

Once the person is granted with the residence permit, he/she can enter into Turkey multiple times as long as his/her residence permit is valid and thus he/she does not need a visa for entry into Turkey. If the extension of the residence permit is required, the extension or renewal should be made timely before the expiry date. The person is recommended to have the validity of the residence permit extended before leaving Turkey, if the validity of residence permit is to expire or has already expired.

Purchasing Real Estate for Private Use in Turkey

Rules: Citizens and commercial corporate entities of the countries with which reciprocity agreements have been signed and companies established in line with Foreign Direct Investment Law No. 4875 in Turkey may purchase a real estate in Turkey on their own names provided that the property is not located in military and security zones.

The acquired property may be resold or rented out and the proceeds of the sale or the rental income may be transferred out of Turkey freely.

Procedure: The sale procedure for foreigners is the same as Turkish citizens except a search for the abovementioned military and security zones restriction. Once a sale agreed with the owner, an application has to be made to the local Land Registry Office. The Land Registry Office then carries out a search for the abovementioned restriction through correspondence with the military authorities in the area. As soon as the search is completed, the Land Registry Office then transfers the title and issues the new deed.

Taxes: Both purchaser and seller are liable for a 1.5 per cent property transfer tax, based on the declared price of the property. There is also a municipal property tax, again, based on the declared value of the property, at the rate of 0.1 per cent for residential properties and 0.3 per cent for land annually. One fourth of the tax value (minimum YTL 2,500) of newly built residential properties is exempt from the municipal real estate tax for the first five years.

Marriage Between Two Foreign Nationals in Turkey

Required Documents:

  • Certificate of no impediment from the local registrar of marriages in the UK
    (certificate of no-impediment is valid for 6 months)
  • Birth certificate and passport
  • A divorce or death certificate of previous spouse if married before

Procedure:

  • Application to the relevant consulate in Turkey to initiate the formalities.
  • The certificate of no impediment and certificate of identity and nationality obtained from the relevant consulate to be authenticated by the local Governor office in Turkey
  • Application in person to the local marriage office to give notice of marriage, submit the certificates, complete necessary forms and fix a date for the marriage ceremony
  • Solemnization of marriage (if the marrying parties do not speak Turkish, they are advised to arrange for an interpreter to be present during the ceremony)
  • Notice to the relevant consulate to have the marriage registered in their country.

Notes: Foreign nationals in Turkey can also get married in their respective consulates if it is possible under their national law. However, if one of the parties is a Turkish citizen, marriage can only be solemnized by the Turkish authorities.

Marriage Between Turkish and Foreign Nationals in Turkey

Required Documents:

  • Certificate of no impediment from the local registrar of marriages in the UK
  • Birth certificate and passport
  • A divorce or death certificate of previous spouse if married before

Procedure:

  • Application to the relevant consulate in Turkey to initiate the formalities.
  • The certificate of no impediment and certificate of identity and nationality obtained from the relevant registry office in the UK and approved by the relevant consulate in Turkey. (certificate of no-impediment is valid for 6 months)
  • Application in person to the local marriage office together with the Turkish national to give notice of marriage, submit the certificates, complete necessary forms and fix a date for the marriage ceremony
  • Other formalities to be pursued by Turkish fiancée concurrently
  • Marriage ceremony
  • Notice to the relevant consulate to have the marriage registered in the country of foreign national

Notes: Normal marriage age under Turkish law is 18. However, under special circumstances men and women below that age can get married with the permission of their parents, legal guardians or the relevant court.

Divorce and Separation: an overview

A divorce formally dissolves a legal marriage. While married couples do not possess a constitutional or legal right to divorce, states permit divorces because to do so best serves public policy. To ensure that a particular divorce serves public policy interests, some states require a “cooling-off period,” which prescribes a time period after legal separation that spouses must bear before they can initiate divorce proceedings.

Courts in the United States currently recognize two types of divorces: absolute divorce, known as “divorce a vinculo matrimonii” and limited divorce, known as “divorce a menso et thoro”. To obtain an absolute divorce, courts require some type of evidentiary showing of misconduct or wrongdoing on one spouse’s part. An absolute divorce is a judicial termination of a legal marriage. An absolute divorce results in the changing back of both parties’ statuses to single. Limited divorces are typically referred to as separation decrees. Limited divorces result in termination of the right to cohabitate but the court refrains from officially dissolving the marriage and the parties’ statuses remain unchanged. Some states permit conversion divorce. Conversion divorce transforms a legal separation into a legal divorce after both parties have been separated for a statutorily-prescribed period of time.

Many states have enacted no-fault divorce statutes. No fault divorce statutes do not require showing spousal misconduct and are a response to outdated divorce statutes that require proof of adultery or some other unsavory act in a court of law by the divorcing party. Nevertheless, even today, not all states have enacted no fault divorce statutes. Instead, the court must only find 1) that the relationship is no longer viable, 2) that irreconcilable differences have caused an irremediable breakdown of the marriage, 3) that discord or conflict of personalities have destroyed the legit ends of the marital relationship and prevents any reasonable possibility of reconciliation, or 4) that the marriage is irretrievably broken.

Rental Agreements Under Turkish Law

By BERK ÇEKTİR
16.12.2009 Rental agreements under Turkish law (1)
I think it’s a good idea to write an article covering the general aspects of rental mat-ters. The following series of articles will cover some basics on rental agreements and will hopefully serve as a rough guide for expats, providing at least some insight into renting a house in Turkey.
I would also like to state that the purpose of this series is to cover residential rentals only; commercial rental agreements are a totally different story. As with everything, rental agreements are subject to exceptions, but seeing how many of them will not often be encountered by expats, I will not go into detail on them.
How is a rental agreement drawn up? Rental agreements are, generally speaking, not subject to any form requirement, with some exceptions.
Rent payment time Landlords usually ask for upfront payment, meaning you pay the rent on the first day for the coming week/month. The payment date and time depend totally on your agreement with the landlord. You can agree to pay your rent one year in advance or pay each month, for example.
Get a receipt upon each payment The best way to get a receipt is to make all such payments through bank transfers. In fact, receiving rent in cash if it amounts to over TL 500 per month carries a fine. A communiqué issued on July 29, 2008 says that, beginning from Nov. 1, 2008, it is a statutory obligation to receive rental income through a bank or postal office money order. The purpose of this declaration is to avoid undeclared rental income. The com-muniqué states that the landlord is obliged to collect the rent for the residential proper-ty via bank account if the monthly rental income is TL 500 or higher. Breakdowns or calculation charts drawn up by banks and postal offices are enough to substantiate payment. Documents printed out from a bank’s Web site are also accepted as proof of payment.
If you are still asked to pay in cash, don’t pay your rent unless the landlord gives you a bank account. If the receiving party does not agree to accept the money via bank transfer, get a written receipt stating: a) amount of payment; b) date of payment; c) reason for payment; d) full and correct name of receiving party; e) full and correct name of paying party; and f) signature of receiving party.
Deposit payment
Here is the point that hurts the most when it comes to a rental agreement. In the eyes of the property owner, his/her property is intact and wonderful and excellent in all
ways. It therefore needs no repair and no paint job, and everything is working proper-ly. The landlord therefore always asks for a deposit that s/he will probably not return at the end of the term. Be prepared to not get it back. I would recommend you take photos of the house on the day you move in — especially if there are items that need to be repaired. Keep the photos in your files for future use to defend your claims.
Get a separate receipt for the payment of the deposit. The rental agreement may not show that you have actually paid the deposit.
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By BERK ÇEKTİR, 21 December 2009
Rental agreements under Turkish law (2)
In my previous article, I mentioned that it is a good idea to get a separate receipt for the payment of a deposit and that a rental agreement may not be evidence that you have actually paid a deposit.
The wording in the standard agreement only states that “a sum of … TL shall be paid as deposit upon the signing of this agreement.” As you can see, it does not say that the deposit has actually been paid; it refers to a future action which should take place upon signing. This requires the tenant to get a separate receipt for the payment of a deposit or to change the wording of the agreement in line with the payment.
Increase in rent rates In regard to an increase in rent rates, I will avoid mentioning figures here as some readers will misunderstand and mistakenly take it as a determined constant num-ber. I strongly recommend that you go through a professional — and if you cannot afford it, to a Turkish friend at least — and find out the rate of rent increases through the Turkish Statistics Institute (TurkStat).
Language of the agreement You should not sign an agreement that you do not understand. It will not be clear what has been agreed with the landlord unless you are proficient in speaking and reading Turkish. I would advise you not to enter into contracts written in Turkish unless you have an excellent command of the language or you get assistance from a professional. You should contact a lawyer, or if you cannot afford it, at least consult your real estate agent about the wording of the agreement you are signing. If you have used the services of a real estate agent when renting a house, they should do this inclusive of their services. However, never forget that the real es-tate agent will be eager to close the deal and may not be too careful about transla-tion. It is solely up to you whether you trust them or not.
Don’t forget that you will be signing a valid and binding contract or agreement even though it is in Turkish. You could try to get the agreement in both languages on the same page which may help you in case of a problem
Bills for utilities I received a question from a dear reader named John, and it might be a good time to respond to this question now. It reads: “Why is it that the electricity company in Turkey forces the new tenant [or the landlord] to pay the outstanding electric bill of a previous tenant rather than pursuing the actual debtor? This matter has always seemed grossly unjust. Thanks, John.” Dear John, it is unjust, but a fact. The electricity company should get the appropriate security first when the con-tract commences and should cut off the electricity as soon as possible when bills go unpaid. As far as I know, the utility companies’ new practice is now based on an upfront payment, or in other words, “pay as you go” or “go as you pay.”
It might be a good idea to check if there is any amount due from the former tenant and ask the landlord to clear it before you move into the house. If you want to register the utilities in your name, you must submit a valid resi-dence permit to the utility company.
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23 December 2009
Rental agreements under Turkish law (3)
This will be the final part of this series on rental agreements. I will check all questions and recent legislation and update this series every year since this is a very common matter for almost all expats who are either tenants or landlords.
Notifications Notifications regarding rental agreements are generally made through a notary public. This is not a general form requirement, but using a notary public is pre-ferred. In some cases, sending notifications through a notary public is a form require-ment regardless of whether the rental agreement is a written agreement or not. In the event a tenant is making rental payments later than the agreed date of payment or if there is no payment, the landlord should notify the tenant through a notary public. The notification should refer to the payment date and proof of the late payment.
Addresses for notification The addresses in an agreement are always important so the parties to the agree-ment know each other’s addresses. During the term of the rental agreement, the address is the premises. The address of the tenant may be more important since the tenant may be subject to a notice (for instance for not paying for repairs that were made after the premises were vacated) after the agreement is terminated. In such cases, it might be a good idea to write down a second address that one can use after the termination of the agreement. This will help you avoid a large bill from a lawyer several years after the termination of the agreement.
Termination The parties can terminate the agreement according to the termination clause. This clause is usually in favor of the landlord. However, Turkish law provides a special way for the landlord to ask the tenant to vacate a rented premises. When you terminate a contract, make sure that you have really terminated it. This means that you should have written proof of termination.
Declaration for vacating Most landlords will expect the tenant to sign a declaration that the tenant will
leave the premises at the end of the term. This declaration is actually not really binding under Turkish law if it is signed only by the parties but without any official authority’s participation. Such a declaration is only valid if it is signed before a notary public on a later date, after the rental agreement is signed.
There are various precedents from the Turkish high court stating that such a dec-laration that is signed at the same time of entering into a rental agreement should not be valid. The reason that this declaration can be invalid is granted by Turkish law on the basis of balancing the parties’ power. When signing a rental agree-ment, the tenant is deemed to be the weaker party. Turkish law automatically protects tenants’ rights since the tenant may be under the pressure of the lan-dlord. Usually the tenants are ready to accept various conditions required by the landlord that they would not accept under normal circumstances.
There are several other matters to write about concerning rental agreements such as the power of signature. Make sure that you are signing the contract with the correct person.
I am planning to write a more comprehensive article later next year.
Finally, I strongly recommend that you consult a lawyer when signing a rental agreement or any declaration that may contain hidden clauses that could put you in trouble in the future.
NOTE: Berk Çektir is a licensed attorney at law and available to answer questions on the legal aspects of living in Turkey. Send enquiries to b.cektir@todayszaman.com. The names of the readers are disclosed only upon written approval of the sender.

Author: By BERK ÇEKTİR

Durable Power of Attorney for Finances

Durable Power of Attorney for Finances

I, [name] who resides at

[address], do hereby appoint

who resides at [address]

to act in the capacity of my agent. If this person should be unable to fulfill his/her

appointment due to death, illness or unwillingness, then I appoint

[name] who resides at [address] as

successor agent.

I grant the following powers and authority to my agent appointed above:

Power to execute generally:

To execute any written instrument regardless of the nature, including but not

limited to checks, contracts, agreements or drafts.

Power to make property transactions:

Regarding all property and property rights of mine, whether now or hereafter

owned by me or due to me, my attorney-in-fact shall have the power:

To receive income owed me on my property and to execute and deliver any

receipts, releases or discharges relating to this income.

To sell, lease, transfer or exchange any of my property as my attorney considers

appropriate at competitive prices and with any other terms and conditions as may be

required; and to execute and deliver any deeds, leases, powers of attorney or other

agreements or covenants that my attorney considers appropriate;

To make demand and to institute, maintain and prosecute, compromise, settle or

dismiss actions for the recovery, collection and receipt of any goods, chattels, debts,

claims, demands, rents, duties or choices in action due me, and to defend any action that

may be instituted against me;

To contract and pay for any services or goods required by my dependents or me.

Power to engage in banking and investing:

To engage in any banking transactions, including but not limited to signing my

name, and to withdraw money deposited in my name in any bank, including entering into

my safe deposit box, opening new accounts or closing accounts;

To pay any debt, claims and demands for which I may liable, and regardless of

how they are evidenced;

To sign, endorse, execute and deliver written instruments which I would at any

time execute or endorse, including but not limited to promissory notes, acceptances,

renew checks or other evidences of indebtedness;

To settle claims and demands for which I am liable, or which are due me, and

execute any written documents pertaining to these transactions including but no limited to

receipts, releases and discharges;

To grant extensions in situations including but not limited to debts owed me,

claims made by me or demands due me;

To invest my money in such loans, bonds, notes, common, preferred or other

stocks, securities, mortgages, annuities, real estate, partnership interests or other property,

real or personal, as my attorney considers appropriate;

To exercise, buy or sell any options or exchange conversion, and/or subscription

rights for any securities or other property; to vote securities; to consent to, or dissent

from, the reorganization, re-capitalization, consolidation, merger, liquidation or charter

amendment of any corporation or other organization, any of the securities of which may

at any time be held by me; to consent to, or dissent from, the sale, mortgage, pledge, lease

or distribution of any of the property of any such corporation or other property with any

protective, reorganization or similar committee, delegate discretionary power thereto and

pay and agree to pay related expenses and assessment; and in general to do any act with

reference to the matters in this paragraph which my attorney may deem necessary or

advisable in connection therewith, such as the granting of proxies, making of agreements

or subscriptions and the payment of expenses, assessments or subscriptions;

To borrow money for me from the attorney personally or others, upon any terms

and conditions, at any time or times, and for any purpose, all as my attorney considers

appropriate; and to execute and deliver any bond, note or other written evidence of debt,

and, as security therefore, to give any mortgage, deed of trust or other security instrument

as to any of my property and to endorse, assign, pledge and hypothecate any securities,

insurance policies or other tangible or intangible personal property;

Power to handle legal affairs:

To employ and compensate attorneys, accountants and other agents with personal

liability for neglect or wrongdoing of any of them selected with reasonable care;

To represent me before any administrative or judicial body in any proceeding;

Power to obtain insurance:

To effect insurance upon any property owned by me in any reasonable amounts

and on any reasonable terms my attorney considers appropriate; to sign an application or

other document to obtain such insurance; to surrender and rescind any insurance policy

obtained by either my attorney or me; and to assign any policy upon any of my property;

and

Power to pay taxes:

To execute any federal, state, county, municipal or other income, gift or property

tax returns or declarations of estimated tax and to exercise related options;

I give my attorney-in-fact full authority to perform every necessary and proper act

as fully as I could if personally present, with full power of substitution and revocation,

hereby ratifying and confirming all that my attorney-in-fact or substitute shall so lawfully

do. The rights, power and authority to my attorney-in fact that I now grant shall become

effective (choose one below):

as soon as I affix my signature to this document; or

upon my incapacity or disability, which shall be certified by two

physicians.

Such rights, power and authority shall remain in force and effect until terminated

by written notice given by me to my attorney-in-fact.

If it becomes necessary for a court to appoint a guardian or a conservator for me, I

nominate my agent or successor agent named above to be guardian or conservator.

This power of attorney shall not be affected by disability of the principal. I intend

my attorney to have all of the foregoing powers irrespective of my capacity from time to

time to act for myself. I also intend that any action taken hereunder by my said attorney

in good faith after my death, but without actual knowledge of my death, and which is

otherwise valid and enforceable, shall inure to the benefit of myself and my heirs,

devisees and personal representatives.

IN WITNESS WHEREOF, I have hereunto set my hand at ____________

[your signature], this _______________ day of ________________, 20___.

______________________________ _________________________________

Witness Signature

STATE OF ________________

COUNTY OF ______________, to wit:

I HEREBY CERTIFY that on this _________ day of _______________, 20 ____,

before me, the subscriber, a Notary Public in and for the State of _______________,

County of ___________________, personally appeared _____________________[name],

known to me or satisfactorily proven to be the person whose name is subscribed to the

within instrument, and acknowledged that s/he executed the same for the purposes therein

contained.

WITNESS my hand and notarial seal.

______________________________

Notary Public

My commission expires: _________

WITNESS ATTESTATION

The forgoing instrument was signed, published and declared by

as his/her Durable Power of Attorney for Finances in the presence of us and we, at his/her

request, and in his/her presence, and the presence of each other, have hereunto subscribed

our names as witnesses the day and year written above.

NAME ADDRESS

Signed

Printed

Signed

Printed

Signed

Printed

IMPORTANT NOTE: This sample legal document is provided for informational purposes only and may or

may not be valid in your particular state. This sample legal document also may not include the particular

provisions you need. We strongly recommend that you consult a competent family or estate planning

attorney who is familiar with these issues. This sample legal document in no way constitutes, and should

not be relied upon, as legal advice.

Buying property in Turkey

The interest in real estate investments in Turkey has clearly got with private individuals as well as at company during the last years. We would like to create an overview about the real estate acquisition in Turkey with this professional contribution. However, the professional support is recommendable by a sollicitor to bend forward all potential risks of a real estate purchase in Turkey.

I. Development of the Turkish property market

The stabilisation of the economy and progress in the accession trial in the European Union during the last years has woken the interest of the foreign investors in Turkey. Real estate industry has also profited itself from this positive development. The real estate prices in Turkey rose with it from 2002 to 2006 very strongly also thanks to the domestic demand. Even if the prices do not rise from 2006 any more as strongly as during the previous years, real estate purchase is recommended in Turkey as an investment furthermore, because the real estate demand because of the young population structure of the country will increase.

II. Legal basic conditions of the real estate acquisition through foreigners in Turkey

The principles about the real estate acquisition of foreigners in Turkey were regulated originally in the land register law with the number 2644 from 1934. In 2003 the government with the law Nr. 4916 has made easier the real estate acquisition for foreigners in Turkey. With this legislation amendment foreign-juridical restrictions concerning were lifted by properties in the village law No. 442 / in 1924 (Köy Kanunu) and land register law No. 2644/1934 (Tapu Kanunu). However, the law No. 4916 was contested briefly late by the constitutional court. On it the government according to the submissions of the constitutional court has anew regulated the legal situation about the acquisition of real estate by foreigners in Turkey with the law No. 5444 from the 29.12.2005.

The law No. 5444 from the 29.12.2005 is become effective on the 07.01.2006. With this law became article. 35 of the land register law No. 2644 (Tapu Kanunu) changed and the new basic conditions of the real estate acquisition in Turkey by foreign private individuals as well as companies.

After the current legal situation foreigners can acquire real estate in Turkey with the only following restrictions:

Mutuality principle: The real estate acquisition through foreigners in Turkey follows above all after the mutuality principle. This means that citizens are entitled only from the countries which permit the acquisition of real estate to Turkish citizens as a countermove to purchase real estate in Turkey. Turkey stands with all western countries in the mutuality relation. The current list of the countries with which Turkey stands in the mutuality relation can be read up on the website of the Turkish land registry and cadastral office (www.tkgm.gov.tr) into Turkish and English language.

Surface restriction: Foreigners may acquire in Turkey up to 2.5 hectares (25,000 square metres) of property for residential purposes and trade purposes freely of licence. The licence of the council of ministers is necessary for bigger surfaces up to 30 hectares. Besides max. 0.5% of the total area of a province may be acquired by foreigners.

Local restriction: Foreigners may acquire only in areas a real estate in which a certified land-use plan or local land-use plan gives. Except these places a real estate acquisition through foreigner is not allowed. In addition, an acquisition is excluded in military locking – and security zones. An exemption confirmation of the responsible military management can under certain circumstances be necessary for the transference in the land registry.

Exception: Acquisition through heirship. The abovementioned restrictions find no application with the real estate which was transferred in the way of an heirship on citizens by states with which Turkey stands in the mutuality relation.

III. Liquidation of a real estate purchase in Turkey

According to Turkish right the conveyancing on corresponding declaration of intention of the seller and buyer is carried out exclusively in the land registry. The contract negotiation is dealt with only in the land registry.

In contrast to other many countries notaries are not involved in the liquidation of conveyancing. The parties or their sales representatives (authorised by notarial authority) must deal with the transference and other audits which is carried out in Germany predominantly by the notary.

By the transference in the land registry a sworn in translator must be available if the foreign contracting party doesn’t speak the Turkish language. For the liquidation in the land registry personal bases and information of the foreign contracting party must be prepared in the approach.

The registration in the land register of properties (flats) cannot last with foreign buyers up to 3 months because the land registry has to request before the registration by the military management whether the concerning property is in a military catchment area.

After the transference an extract from the land register called “Tapu Senedi” is handed over to the new owner of the real estate.

In case of a real estate purchase in Turkey we recommend absolutely to take up corresponding consultation with a lawyer. Because in Turkey no notary is involved in the purchase procedure, the buyer should himself check up in own interest whether there are some tax liabilities, barriers or costs in favour of from third in the land register entry of the real estate. The consultation and assignment of an experienced Turkish sollicitor can protect you also to other risks by salemen and brokers etc.

IV. Taxes by the real estate purchase in Turkey

With conveyancing of a real estate in Turkey seller and buyers pay in each case 0.15% (15 of thousandths) of the purchase amount as a land register fee. Then the buyer must announce the acquisition of the real estate of the responsible city administration and the tax office within 3 months after the transference. It is calculated yearly a real estate-tax.

Overstaying in Turkey

According to the new regulation and a recent announcement by the Turkish Ministry of Interior, this entry ban will only be lifted in case the overstayed person applies to the Turkish missions abroad for the relevant type of visa such as work, family reunion, study, long term residence, meeting, conference, cultural activity etc.

The visa applications will be forwarded to the Turkish Ministry of Interior for approval and the relevant type of visa will be issued after the Ministrys instruction.

Once the visa is granted, then it is possible to travel to Turkey and pay the fine at the port of entry.

Pension Vesting can be?

Pensions not vesting. However, the borrower and the borrower in case of a pension to the vesting in that consent. Without the Executive Directorate’s sequestration by the borrower and is this sequestration removed, placed the retired salary. Retired Deputy Chief Executive of the removal of the debtor’s sequestration or imposed Directorate were internationally certified after attending should request. The Executive Directorate and with this reference to sequestration imposed is removed. Despite the reference of the Executive Directorate by the law of the Court placed on the retired officer, you can complain about the process of sequestration were left in the Executive.