Christmas webinar: UK immigration

Transcription

1 Christmas webinar: UK immigration Anthony Michael and Kathryn Crane Deloitte 18 December 2018

2 UK Tier 1 (Investor) Visa For high net worth individuals who wish to make a minimum investment of 2 million GBP in the UK Criteria In order to qualify for the Tier 1 (Investor) route, applicants must meet the following criteria: Be over the age of 18 years old; Demonstrate access to a minimum of 2 million GBP for investment in the UK; Open a bank an account with a financial institution regulated by the Financial Conduct Authority in the UK for the purpose of making the investment; and If applying from outside the UK, applicants and any dependants over the age of 18 must provide a criminal record certificate for any country in which they have spent a cumulative period of 12 months or more in the 10 years preceding the submission of their application. Requirements The following requirements apply on approval of the application: Within three months, applicants must invest the full 2 million GBP in UK Government or Corporate bonds or in qualifying active and trading UK registered companies. The investment must be in the applicant s own name and not be invested through an offshore company or trust. in property investment, property management or property development is prohibited. There is no longer a need to maintain the value of the investment. However, if the applicant sells any part of their investment, they must re-invest the gross proceeds from the sale in qualifying investments before the end of the next reporting period or within six months of the date of the completion of the sale, whichever is sooner. Eligible dependants Spouse/civil partner/unmarried partner/same-sex partner; and Unmarried dependent children under 18 years of age. Duration of stay Applicants are granted entry clearance for a period of up to three years and four months (if applying outside the UK) or leave to remain for a period of up to three years (if applying from inside the UK). Applicants may extend their leave for a further period of two years provided they meet the requirements. After a continuous period of five years in the UK as a Tier 1 (Investor), applicants may apply for indefinite leave to remain in the UK (ILR), provided they meet the requirements which includes the residency requirement. Applicants and their dependent spouse/partner must not be absent from the UK for more than 180 days in any 12 month period throughout the five years Deloitte LLP. All rights reserved. Presentation title 2

3 UK Tier 1 (Entrepreneur) Visa For those who wish to establish, take over or join a business in the UK Criteria In order to qualify for the Tier 1 (Entrepreneur) route, applicants must meet the following criteria: Be over the age of 16 years old; Demonstrate access to a minimum of 200,000 GBP of their own funds or 50,000 GBP from a UK entrepreneurial seed funding competition endorsed by the Department for International Trade, a UK Government department making funds available for investment in or the expansion of a UK business or a venture capital firm registered with the Financial Conduct Authority in the UK; Satisfy the genuine entrepreneur test and provide a detailed business plan and CV in support of their application; Demonstrate proficiency in English language in all four components: listening, reading, speaking and writing to level B1 of the Common European Framework for Reference for Languages; If applying from outside the UK, applicants and any dependants over the age of 18 must provide a criminal record certificate for any country in which they have spent a cumulative period of 12 months or more in the 10 years preceding the submission of their application; and Be able to support themselves, and any dependants applying with them, during their stay. Requirements The following requirements apply on approval of the application: The applicant must register with HM Revenue and Customs (HMRC) as self-employed or as a Director of the company with UK Companies House within six months. Applicants must create a minimum of two full time positions for settled workers (UK or EEA nationals or individuals in the UK with settled status) in the UK business. Applicants must invest the funds in the business. Entrepreneurial Team An applicant can form an entrepreneurial team with one other applicant and share the same investment funds. Eligible Dependants: Spouse/civil partner/unmarried partner/same-sex partner; and Unmarried dependent children under 18 years of age. Duration of stay Applicants are granted entry clearance for a period of up to three years and four months (if applying outside the UK) or leave to remain for a period of up to three years (if applying from inside the UK). Applicants may extend their leave for a further period of two years provided they meet the requirements. After a continuous period of five years in the UK as a Tier 1 (Investor), applicants may apply for indefinite leave to remain in the UK (ILR), provided they meet the requirements which includes the residency requirement. Applicants and their dependent spouse/partner must not be absent from the UK for more than 180 days in any 12 month period throughout the five years Deloitte LLP. All rights reserved. Presentation title 3

4 ILR and UK citizenship Tier 1 (Investor) and Tier 1 (Entrepreneur) routes Timeline: Tier 1 (Investor) and Tier 1 (Entrepreneur) Accelerated ILR There is also an accelerated route to ILR available for under the Tier 1 (Investor) and Tier 1 (Entrepreneur) routes. Please note that only the main applicant may apply for accelerated ILR and any dependants will still need to wait for five years in order to qualify for ILR. Tier 1 (Investor) Applicants who invest 5 million GPB may qualify for ILR after a period of three years. Applicants who invest 10 million GBP may qualify for ILR after a period of two years. Tier 1 (Entrepreneur) Applicants may qualify for ILR after a period of three years if they meet one of the following criteria: They create 10 or more full-time jobs for settled workers. The UK business generates an income of 5 million GBP. Timeline Accelerated ILR: Tier 1 (Investor) Tier 1 (Entrepreneur)

5 Comparison of economic residence and economic citizenship programmes Real Estate Route to Citizenship (Passport) Time to Citizenship Language Requirement Dependent applicants included Dual citizenship allowed United Kingdom of at least 2 million for Tier 1 Investor of at least 50,000 or 200,000 for Tier 1 Entrepreneur No The main applicant must first obtain Indefinite Leave to Remain (ILR) after 5 years of continuous residence in the UK. Dependent partner and children may apply for ILR at the same time as the main applicant. Citizenship can be obtained after holding ILR status for 12 months, therefore the total minimum period is 6 years. Applicants over the age of 18 can apply for citizenship in their own right without the need for main applicant applying. 6 years Cyprus of at least 2 million EUR Purchase of a residential property with a price of at least 500,000 EUR Residency is not required. The main applicant can obtain citizenship within 3 months of submitting an application. Children under the age of 18 can apply for citizenship once the main applicant has obtained it. Applicants over the age of 18 can apply for citizenship in their own right by investing their own funds. 3 months No Malta Contribution of 650,000 EUR AND of 150,000 EUR in Government bonds Purchase of a residential property with a price of at least 350,000 EUR or rent a property for at least 16,000 EUR per annum The main applicant can apply for citizenship after 12 months of residency in Malta. Children under the age of 18 and up to the age of 27 can apply for citizenship at the same time as the main applicant. Parents of applicants are eligible to apply 12 months No 2018 Deloitte LLP. All rights reserved. Presentation title 5

6 Comparison of economic residence and economic citizenship programmes (cont d) Real Estate Route to Citizenship (Passport) Time to Citizenship Language Requirement Dependent applicants included Dual citizenship allowed Portugal Transfer of capital of 1 million EUR; OR Acquisition of real estate with a min value of 500,000 EUR OR Creation of at least 10 new jobs No additional requirement The main applicant can apply for citizenship after 6 years of residency in Portugal. Children under the age of 18 can apply for citizenship once the main applicant has obtained it. Applicants over the age of 18 can apply for citizenship in their own right by investing their own funds. 6 years Spain of at least 500,000 EUR in real estate No additional requirement The main applicant can apply for citizenship after 10 years of residency in Spain. Children under the age of 18 can apply for citizenship once the main applicant has obtained it. Applicants over the age of 18 can apply for citizenship in their own right by investing their own funds. 10 years No 2018 Deloitte LLP. All rights reserved. Presentation title 6

7 Malta Economic Citizenship Cyprus Economic Citizenship Applicants may obtain Maltese citizenship under the Malta Individual Investor Programme 12 months after obtaining their Malta Residence Permit (MRP). The MRP card permits visa free travel in the Schengen area and once Maltese citizenship is granted, the holder will be entitled to freedom of movement throughout the European Economic Area. must be made in the following: Non-refundable contributions to the Malta National Development & Social Fund/ Consolidated Fund of 650,000 EUR; and of 150,000 EUR in Malta Government bonds, to be maintained for a period of 5 years; and The purchase of a residential property with a minimum value of 350,000 EUR to be kept for a period of 5 years or a residential lease with an annual value of at least 16,000 EUR to be maintained for 5 years. Applicants may obtain Cypriot citizenship under the Cypriot citizenship by exception programme 6 months after obtaining a Permanent Residence (PR) permit. of at least 2 million EUR, which must be maintained for a period of 3 years in: 1. Real estate, land development and infrastructure projects; or 2. Financial assets of Cypriot companies or organisations; or 3. Alternative Funds based in Cyprus, or financial assets of Cypriot companies, or Cypriot companies licensed by the Cyprus Securities and Exchange Commission; or 4. Collective investments: a combination of the above options to the value of at least 2 million EUR. This option may include the purchase of Cypriot government bonds to the value of 500,000 EUR. Applicants who make an investment in options 2-4 are also required to purchase a property with a minimum value of 500,000 EUR. Please note that a residential property in Cyprus with a minimum value of 500,000 EUR must be kept for the lifetime of the main applicant. Citizenship Applicants must first apply for an MRP card which is usually issued within 5 working days of the application. Applicants must then complete a minimum residence period of 12 months, spending a minimum of 15 days in Malta before they can acquire Maltese Citizenship. Dependants The following dependants of the main applicant may also apply: Spouse/Partner Children under the age of 18 Unmarried children between the ages of 18 and 27 Dependent parent over 55 years of age Language Requirements There are no language requirements. Citizenship Applicants must first apply for a PR permit in Cyprus, which is usually issued within 7 days of the application. Applicants must then complete a minimum residence period of 6 months prior to acquiring Cypriot citizenship. Applicants are only required to visit Cyprus once, at the beginning of the process to enroll their biometric information. Dependants The following dependants of the main applicant may also apply: Spouse/Partner Children under the age of 18 Adult children up to the age of 28 who are attending an institution of higher education aiming to obtain a diploma or an undergraduate or a master s degree Parents of the main applicant may apply with the requirement to purchase a residential property in Cyprus with a minimum value of 500,000 EUR Language Requirements There are no language requirements Deloitte LLP. All rights reserved. Designed and produced by The Creative Studio at Deloitte. CSEDC3255

8 Malta Economic Residency Portugal Economic Residency Applicants may obtain a Maltese Residence Certificate/Card under the Malta Residence and Visa Programme (MRVP). The MRVP offers visa-free travel within the Schengen area and the right to reside indefinitely in Malta. The MRVP does not however lead to citizenship. must be made in the following: of 250,000 EUR in Malta Government bonds, to be maintained for a period of 5 years; and Non-refundable Government contribution of 30,000 EUR; and Purchase of a property of either 270,000 EUR in Gozo/South Malta or 320,000 EUR in the rest of Malta, or a residential lease of a property of either 10,000 EUR per annum in Gozo/South Malta, or 12,000 EUR per annum in the rest of Malta. Residency The main applicant and dependants will be issued with a Residency Certificate/Card which will allow them to reside, settle or stay indefinitely in Malta. This Certificate/Card is renewable every 5 years. There are no minimum residency requirement for this programme. Dependants The following dependants of the main applicant may also apply: Spouse/Partner Children under the age of 18 Unmarried children between the ages of 18 and 26 who are wholly supported by the main applicant Children over 18 who are physically or mentally challenged Dependent parent over 55 years of age Applicants may obtain a Residence Permit under the Portugal Golden Residence Permit (GRP). The GRP offers visa-free travel within the Schengen area and the right to live, work and study in Portugal. Applicants may obtain citizenship after 6 years of residence in Portugal. in one of the following options: Capital investment of 1 million EUR into a Portuguese bank account on deposit, or specific approved investment option; or Non refundable donation of 350,000 EUR to research activities approved by the National Scientific and Technological system; or Non refundable donation of 250,000 to support artistic production or the recovery or maintenance of national cultural heritage; or of 350,000 EUR in venture capital funds dedicated to the capitalization of small and medium-sized companies (awaiting approval from Government); or Property acquisition with a minimum value of 500,000 EUR or 350,000 EUR in the case of real estate located in urban regeneration areas or 400,000 EUR for real estate located in sparsely populated territories; or Corporate investment in Portugal leading to the creation of a minimum of 10 new jobs. Residency The main applicant and dependants will be issued with a temporary residence permit for 1 year, which can be renewed for periods of 2 years. They are required to spend 7 days (consecutive or individual) in Portugal during the first year, and 14 days (consecutive or individual) in every 2 year period thereafter. Dependants The following dependants of the main applicant may also apply: Spouse/Partner Children under the age of 18 Children over the age of 18 who are single, dependent on their parents and studying Parents who are dependent on the investor Language Requirements There are no language requirements. Language Requirements There are no language requirements for PR; only for citizenship Deloitte LLP. All rights reserved. Designed and produced by The Creative Studio at Deloitte. CSEDC3255

9 Contacts Jurga McCluskey Partner and Head of Immigration (Europe and Middle East) Deloitte LLP T: E: Anthony Michael Director and Head of Private Client Immigration Services Deloitte LLP T: E: Kathryn Crane Associate Director Deloitte LLP T: E: Aytan Gasimova Consultant Deloitte LLP T: E: Myra Khan Analyst Deloitte LLP T: E: 2018 Deloitte LLP. All rights reserved. Presentation title 9

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