Citizenship Problems Faced by Blue Card Holders at Land Registry Offices

 Can Blue Card holders purchase real estate through title deeds? A legal guide on citizenship, identity, inheritance, and registration issues experienced by Blue Card holders during title deed transactions.

Why do Blue Card holders experience problems with land registry transactions?

Blue Card holders are individuals who were born Turkish citizens but later renounced their citizenship with permission. Although they are no longer Turkish citizens, they continue to enjoy the rights granted to Turkish citizens under Article 28 of the Turkish Citizenship Law No. 5901, with the exceptions listed in the law.

Despite this, some Blue Card holders may experience problems at land registry offices in practice. The main reason for this is that the legal status of Blue Card holders is confused with the classic "foreigner" status. However, Blue Card holders should not be categorized the same as ordinary foreign individuals.

According to the General Directorate of Population and Citizenship Affairs, Blue Card holders continue to enjoy the same rights as Turkish citizens, with the exception of the right to vote and be elected, the obligation to perform military service, the right to import vehicles or household goods duty-free, and the right to be employed in primary and permanent public service positions.

Can Blue Card holders buy real estate in Türkiye?

Yes. Blue Card holders can purchase real estate in Türkiye. Property rights are not among the rights exempted by law for Blue Card holders. Therefore, as a rule, Blue Card holders can acquire ownership rights in Türkiye for houses, land, businesses, fields, or other real estate.

The Ministry of Foreign Affairs' statement regarding the Blue Card also indicates that presenting the Blue Card is sufficient for exercising the rights specified in Article 28 of Law No. 5901; if the card cannot be presented, transactions can be carried out using the Blue Card Holders Registry registration via the Identity Sharing System and a foreign national identity document.

Most Common Problems Encountered in Land Registry

1. Treating Blue Card holders as "Foreigners"

The most common problem is that Blue Card holders are treated as ordinary foreigners in property registry records. In this case, land registry officials may attempt to process transactions based on restrictions applied to foreigners, country lists, military restricted zone checks, or property acquisition limits.

However, Blue Card holders have special rights stemming from Article 28 of Law No. 5901. In property transactions, the individual's status must be verified through their Blue Card Holders Registry record.

The General Directorate of Land Registry and Cadastre's statements regarding the Blue Card application also indicate that even if a Blue Card is not presented, transactions should be carried out accordingly if the person's status is confirmed through a search in the Blue Card Holders Registry or a record obtained from the population registry office.

2. Discrepancy Between Identity Number and Registration

Blue Card holders often encounter conflicting identification information when conducting transactions at the land registry office. There may be discrepancies in names, surnames, dates of birth, or parents' names between their old Turkish national identity number, foreign passport, Blue Card number, and Blue Card Registry records.

Name changes, surname changes, post-marital surname use, or differences in spelling using Latin letters are particularly common among individuals who have acquired citizenship in Germany, the Netherlands, Belgium, France, Austria, or other countries.

These discrepancies can cause the following problems in the land registry:

• Suspension of the sales transaction,
• Hesitation in identity verification,
• The power of attorney not being accepted,
• Failure to prove that the owner listed in the land registry and the applicant are the same person,
• Inability to complete inheritance transfer procedures.

In this case, a population registration certificate, a name equivalence certificate, apostilled foreign documents, a sworn translation, notarized copy, and a Blue Card Holders Registry record must be submitted together.

3. Inability to match the old Turkish citizenship record with the new foreign identity

A Blue Card holder may have owned real estate registered in their name during their time as a Turkish citizen. After renouncing their Turkish citizenship, if they wish to conduct transactions using their foreign passport, the old ownership record in the system may not match their new identity information.

In this situation, the land registry office wants to definitively verify that the applicant is the same person. Often, records from the population registry office, a certificate of renunciation of citizenship, and Blue Card registration are required to resolve the issue.

4. The Blue Card Not Being Accepted as Valid Identification in Land Registry

In some applications, there may be hesitation as to whether the Blue Card alone is sufficient. According to official statements, the Blue Card is an official document that can be presented when exercising the rights stipulated in Article 28 of Law No. 5901. If the card cannot be presented, the transaction can be processed with a Blue Card Holders Registry record and a foreign national identity document.

Therefore, Blue Card holders who will be conducting transactions at the land registry office must also have a foreign passport or foreign identity card with them.

5. Problems Encountered in Property Transfer Through Inheritance

Blue Card holders have inheritance rights in Türkiye. Inheritance rights are not among the rights exempted under Article 28 of Law No. 5901. Therefore, a Blue Card holder can be an heir to immovable properties located in Türkiye.

However, the following problems may arise during the transfer of inheritance:

• The Blue Card holder's absence from the population registry,
• Incorrect assessment of citizenship status in the inheritance certificate,
• Documents obtained abroad may lack apostille or translation
• Inconsistencies in paternity records,
• Difference in first and last names,
• The previous Turkish citizenship record did not match the foreign identity information.

In such cases, inheritance certificates, population register extracts, Blue Card Registry records, and foreign country documents should be evaluated together.

Are Blue Card holders subject to restrictions on real estate acquisition for foreigners?

Blue Card holders have a different status than classic foreign natural persons. Therefore, as a general rule, restrictions on foreigners acquiring real estate should not apply in the same way to Blue Card holders.

However, provisions relating to national security and public order are reserved. The Ministry of Foreign Affairs' statement on the Blue Card also indicates that Blue Card holders will benefit from the rights granted to Turkish citizens, except for the exceptions in the law, but that provisions relating to national security and public order are reserved.

Therefore, the specific characteristics of the property, its location, and the relevant legislation should be examined separately.

Things to Consider When Conducting Transactions at the Land Registry Using a Power of Attorney

Blue Card holders living abroad often handle property transactions in Türkiye through a power of attorney. In such cases, the correct preparation of the power of attorney is of great importance.

The following points should be considered when preparing a power of attorney:

• Blue Card information,
• Foreign passport information,
• Old Turkish identity documents,
• Property details:
• Sales, purchase, transfer, mortgage or conveyance rights,
• The authority to conduct transactions at the land registry office
• Tax office, municipality and bank transactions, if necessary.

For powers of attorney issued abroad, the processes for apostille, consular authentication, sworn translation, and notarization may vary depending on the country. An incomplete or incorrect power of attorney may lead to the rejection of the transaction at the land registry office.

Documents that Blue Card holders can use in property registration transactions

Depending on the type of property transaction, the following documents may be useful for Blue Card holders to have with them:

• Blue Card,
• Foreign passport or identity card,
• Sample record from the Blue Card Holders Registry
• Certificate of renunciation of citizenship
• Old Turkish population register sample,
• Name equivalence certificate,
• Title deed or property information,
• Tax number,
• Photograph,
• Power of attorney,
• In inheritance proceedings, a certificate of heirship is required
• Apostille and sworn translation for international documents.

What can be done if the Land Registry Office doesn't process the transaction?

If a Blue Card holder encounters a problem with the completion of a property transfer due to illegality, they should first obtain written confirmation of the reason for the refusal or deficiency. Verbal refusals can complicate the legal process later on.

The following courses of action can be taken in this situation:

• Completion of the documents that are said to be missing
• Submission of the Blue Card Holders Registry record,
• Obtaining explanatory records from the population registry office
• A written application must be submitted to the land registry office
• Making an administrative application to the General Directorate of Land Registry and Cadastre,
• If the action is clearly unlawful, administrative judicial review should be considered.

Especially if the application is rejected solely on the grounds that "a person with a Blue Card is considered a foreigner," Article 28 of Law No. 5901 and related administrative explanations should be cited as grounds.

How to Prevent Problems Experienced by Blue Card Holders Regarding Property Registration?

Preparing in advance of the property registration process can prevent many problems. Blue Card holders living abroad, in particular, should check their documents before coming to Türkiye.

The following steps are important:

• Blue Card information must be up-to-date.
• The name on the foreign passport should be compared with the name on the Blue Card registration.
• If there are discrepancies between the old Turkish population registry records and the new foreign identity information, a document must be prepared.
• The power of attorney must be clear and appropriate for the property registration process.
• In inheritance proceedings, a certificate of heirship must be obtained in advance.
• International documents must be apostilled and translated.
• Documents to be submitted to the land registry office should be checked before the transaction is processed.

Conclusion

Blue Card holders should not be considered as having the same status as classic foreigners in terms of property transactions in Türkiye. According to Article 28 of the Turkish Citizenship Law No. 5901, Blue Card holders continue to enjoy the rights granted to Turkish citizens, except for the exceptions listed in the law. These rights include the right to acquire immovable property and the right to inherit.

Nevertheless, in practice, title deed transactions may be delayed due to identity discrepancies, the inability to see the Blue Card registration, the inability to match previous Turkish citizenship information, transactions with foreign passports, and issues with inheritance certificates and power of attorney.

In such cases, the Blue Card, Blue Card Holders Registry record, renunciation of citizenship certificate, population register extract, and foreign identity documents must be submitted together; if necessary, a written application should be made to the land registry office. If the process is unlawfully rejected, administrative appeals and legal remedies may be considered.