IMMIGRATION/RESIDENCE PERMITS IN EUROPE
Presentation by Charis CharalambidesPartner at George Charalambides & Co LLC
A. CYPRUS
The new procedure was introduced in August 2012 and revised in May 2013
1. Investment/Financial Criteria
PROPERTYValue of the property must be at least€300.000 (V.A.T. is not included therein).At least€200.000 (excluding V.A.T.) must be paid before filing the application.Full payment shall be settled in an account in a financial institution in Cyprus.The amounts must be proven to have been transferred to Cyprus from abroad.The applicant may purchase up to two housing units (apartments or houses).The said purchase must be in relation to a property sold for the first time by a development company.
DEPOSIT IN BANK ACCOUNTA minimum capital of€30.000 must be deposited into a bank account in Cyprus and be pledged for a period of at least three years.It must be proved that the said amount has been transferred to Cyprus from abroad.
INCOMEThe applicant should prove a secured annual income of at least€30.000.This annual income should increase by€5.000 for every dependant person
2. Applicant’s family
The Immigration Permit issued to an applicant covers his spouse and children under the age of 18.Dependant children aged between 18 and 25Not financially dependant children
3. Qualitative Criteria
Clean criminal record for the applicant and his spouse.Confirmation that they do not intend to be employed in Cyprus.Must visit Cyprus at least once every two years.
Procedure for the Submission and Examination of an Application
Applications must be submitted directly to the Civil Registry and Migration Department (CRMD)Time schedule for issuing an Immigration Permit
Scheme for Naturalisation of Investors in Cyprus by Exception
Announced by the Government on May2013A non-Cypriot citizen may by exception apply, if he/she meets one of the following criteria
Criteria
Mixed investments and a donation to a state fund:€2,0 million Investment and€0,5 milliondonationDirectInvestments of at least€5,0 millionDeposits in banks of at least€5,0 million for three yearsA Combination of mixed Investments and a Donation to a State Fund (a.) , Direct Investments (b.) and Deposits in Cypriot Banks (c.) of at least€5,0 millionBusiness ActivitiesPersons whose deposits with the Bank of Cyprus or Popular Bank have been impaired due to the measures implemented in both Banks after the 15thMarch 2013.
Terms and Conditions
Clean CriminalRecordMust hold a permanent privately-owned residence in the Republic of Cyprus, the market value of which must be at least€500.000, plus V.A.T.
B. GREECE
The Law was issuedinApril 2013.The provisions of Article 6 relate to issues of immigration laws.
1. Beneficiaries
The Beneficiaries of the right of entry and residence for five years are:Citizensof Non-EU Member States who hold or intend to, in a documented manner, acquire real estate in Greece, if at minimum the property amounts to two hundred and fifty thousand (250,000) euros;Citizens of Non-EU Member States which have entered into at least ten-year lease of hotel accommodation or tourist furnished houses in tourist accommodation complexif the lease, at minimum, amounts to two hundred fifty thousand (250,000) euros;Members of the families of those aforementioned citizens of Non-EU Member States
The right of residence applies in cases where the applicant is the owner, either personally or via a legal entity, of more than one property, with a total value of at least two hundred fifty (250,000) thousand euros.
2.Entry and Residence
In order to be granted a residence permit for this purpose, the applicant must reside legally in Greece.A person, which fulfills the requirements of Part 1 (Beneficiaries), shall apply for a residence permit, after the entry into the country and before the expiry of the visa.Applications for the granting of residence permits can be submitted personally or by proxy.
If the required documents are complete, a confirmation of submission of the application, the duration of which is annual will be issued.The applicant is then considered as lawfully residing in the country and has the possibility to conduct any transaction concerning the execution of the investment and to deal with all the competent services.If the conditions are fulfilled, a five-year residence permit will be issued.
3.Entry and Residence of Family Members
The applicant may be accompanied by his/her family members.The members of the family concerned are granted residence permits of the same duration as the applicant.
4.Renewal of the Residence Permit
Residence permits are renewed for an equal period, provided that the real estate remains, in the ownership, allocation and possession of the person concerned.Any periods of absence from the country are not a hindrance to the renewal of the residence permit.
5.Other Clarifications
Insurance issuesThe residence permit does not establish any right of access to any form of workThe period that the person is residing in Greece may not be added to the period counted for granting nationality to third country nationals.
C. PORTUGAL
GOLDEN RESIDENCE PERMITThe Golden Residence PermitProgramme(“GRPP”) was publishedinJanuary 2013.
1. Investment
QUANTITATIVE REQUIREMENTSThereare three non-cumulative requirements to grant a residence permit by investing in Portugal:Transferof capital in an amount equal to or greater than EUR 1 000000Creation of at least 10 jobs; orAcquisition of real estate in a value equal to or greater than EUR 500 000.
TEMPORAL REQUIREMENTSThe investment must have been made prior to application for the residence permitMustbe maintained for a minimum period of five years from the date the residence permit is granted.
MORTGAGE – LEASEProperties acquired for the purposes of obtaining a residence permit may be mortgaged or charged on any part of their value over and above the required minimum of EUR 500 000May also be leased or assigned for commercial, agricultural or tourism purposes.
APPLICANT’S DECLARATIONThe residence permit application must be accompanied by an affidavit signed by the applicant, who undertakes to comply with the minimum quantitative requirements and with the minimum investment time of the investment activity.
VALIDITY PERIOD OF RESIDENCE PERMITThe temporary residence permit is valid for a period of one yearIs renewable for successive periods of two yearsMay become permanent after five years
RENEWALApplicants must demonstrate that they have stayed in Portugal for at least 7 days in the first year and 14 days in each subsequent period of two years.
2.Qualification Criteria, Restrictions
The general conditions for granting a temporary residence permit which applies to investors are the following:Inexistenceof any fact that are known to the competent authorities that should be an obstacle to granting the permit;Nothaving been convicted for any crime punishable with prison sentence greater than one year;Notbeing subject to an order to leave the country after a measure prohibiting the reentry into Portuguese territory;Absenceof any alert in the Schengen Information System for purposes of refusing the entry;Absenceof any alert in SEF’s (Portuguese Immigration and Borders Service) Integrated Information System for purposes of refusing the entry.
3.The Application Process For Residence Permit
APPLICATION STEPSForeign nationals must regularize their stay in Portugal within 90 days as of their first entry into the country.Direct or indirect participation of the Investor in the application processTerm for the approval of the application
4.Family Reunion
The applicant may be accompanied by his/her family members.
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