Immigration law

LEX Law Firm provides advice on various issues of immigration lagislation.

Highly qualified lawyers of our company will provide full legal support on immigration issues.

We are pleased to offer our clients the following immigration programs:

• Immigration to Canada;
• Business immigration to the United States;
• Business immigration to the UK;
• Antigua and Barbuda Investment Citizenship Program;
• Cyprus citizenship through an investment in real estate;
• Dominica’s Citizenship by Investment Program;
• Grenada Citizenship by Investment Program;
• Immigration to Malta;
• St. Kitts and Nevis Citizenship by Investment Program;
• Saint Lucian Citizenship by Investment Program;
• Vanuatu Investment Citizenship Program;
• Immigration to Portugal.

Immigration to Canada

Express Entry is an online management system for permanent residence in Canada. To apply, you must qualify in at list one of these programs: Federal Skilled Worker Program, Federal Skilled Trades Program, Canadian Experience Class, Provincial Express Entry.

Federal Skilled Worker Program

The Federal Skilled Worker Program is for people who are selected to immigrate to Canada based on their own merits.

Requirements:

1) Skilled work experience:

• At least 1 year of full-time (or equivalent part-time) of paid work within the last 10 years (volunteer work, unpaid internships don’t count).
• The jobs held must be at skill type 0, or skill levels A or B of the 2016 National Occupational Classification.

!!! Jobs don’t have to be in one occupation.

!!! Full-time is 30 hours per week for 12 months or equivalent in part time.

2) Language ability:

• You must take an approved language test that shows you meet a minimum score of Canadian Language Benchmark Level 7 in writing, reading, listening and speaking.
• Accredited language tests are General Training International English Language Testing System (IELTS), Canadian English Language Proficiency Index Program (CELPIP) and Test d’évaluation de français (TEF).

3) Education:

• If you studied in Canada, you must have a certificate, diploma or degree from a Canadian secondary (high school) or post-secondary school.
• If you have foreign education, you must have: an Educational Credential Assessment (ECA) report from an approved agency showing that your foreign education is equal to a completed certificate, diploma or degree from a Canadian secondary (high school) or post-secondary school.
• Approved agencies include: Comparative Education Service - University of Toronto; School of Continuing Studies; International Credential Assessment Service of Canada; World Education Services.

4) Meet 67/100 points from the 6 selection factors.

Federal Skilled Trades Program

The Federal Skilled Trades Program allows individuals with a valid job offer from a Canadian employer or, appropriate certification to work in certain occupations, to obtain Canadian permanent residence in any Canadian province or territory except Quebec.

Requirements:

• plan to live outside the province of Quebec.
• meet the required levels in English or French for each language ability. Canadian Language Benchmark 5 for speaking and listening, and Canadian Language Benchmark 4 for reading and writing.
• have at least two years of full-time work experience (or an equal amount of part-time work experience) in a skilled trade within the five years before you apply.
• meet the job requirements for that skilled trade as set out in the National Occupational Classification.
• have an offer of full-time employment from a Canadian employer for a total period of at least one year or a certificate of qualification in that skilled trade issued by a Canadian provincial or territorial authority.
• no education requirement for this program; however, certain training may be required to be recognized in a trade.

Canadian Experience Class

Canadian Experience Class is for individuals who have obtained Canadian Work Experience. These individuals have already settled into Canadian society and established important networks in their communities and their careers.

Requirements:

• at least 12 months of full-time (or an equal amount in part-time) skilled work experience in Canada, in the last three years before you apply.
• gained your work experience in Canada with the proper authorization.
• meet the required language levels needed for your job for each language ability: writing, reading, listening and speaking.
• planned to live outside the province of Quebec.
• there is no educational requirement.

Provincial Express Entry

Most provinces and territories in Canada can nominate immigrants through the Provincial Nominee Program. These immigrants must have the skills, education and work experience to contribute to the economy of that province or territory, and must want to live there.

Each province and territory has its own “streams” (immigration programs that target certain groups) and criteria for their Provincial Nominee Program. For example, in a program stream, provinces and territories may target students, business people, skilled workers or semi-skilled workers.

Requirements:

Each province and territory’s streams, eligibility requirements and nomination guidelines for their Provincial Nominee Program can change without notice.

To be nominated under non-Express Entry:

• you will have to apply through the paper-based process, and
• if the province or territory finds you eligible and nominates you, then you will send an application to Immigration, Refugees and Citizenship Canada.

To be nominated under a province or territory’s Express Entry stream, you must:

• meet their requirements, and
• meet the minimum criteria for Express Entry. This includes meeting the requirements of at least one of the immigration programs it covers.

Business immigration to the United States

Lawyers and attorneys provide the widest range of legal services throughout the Kyrgyz Republic.

We offer you an exclusive service for business immigration to the United States. Highly qualified lawyers of our firm will provide legal assistance in obtaining EB-5 and E-2 visas.

E-2 Visa Program

The E-2 visa is a temporary, non-immigrant visa issued on the basis of a reciprocal commercial agreement between the United States and the Applicant's country of citizenship. The above-mentioned agreement allows a national of the Applicant's country to enter the United States on an E-2 visa if he is coming “to develop and operate an ongoing business in which he has invested a substantial amount of capital”.

The conditions for obtaining an E-2 visa are:

• be a citizen of a country with which the United States maintains a Treaty of Commerce;
• have invested or are actively in the process of investing a substantial amount of capital in real businesses in the United States;
• be seeking to enter the United States for the sole purpose of establishing and operating an investment enterprise, having an ownership interest of 51% in the enterprise, or having production control through corporate governance. Passive investment through an authorized manager is also possible.

EB-5 Visa Program

The EB-5 visa program allows a foreign investor and his immediate family members to obtain a Green Card (permanent residency in the United States) by investing in an enterprise that creates jobs for U.S. workers.

Opportunities for Investors:

• The EB-5 program allows foreign investors with a Green Card to live and work in the United States in any capacity.
• A Green Card holder has the option of obtaining U.S. citizenship after 5 years of residency as a permanent resident.
• The minimum investment amount is $800 000.

Business immigration to the UK

Highly qualified lawyers of our Firm will provide legal assistance in obtaining a Tier 1 Visa for Entrepreneurs and Investors.

Tier 1 Entrepreneur Visa

This visa is suitable for entrepreneurs who want to invest money in the UK to set up a business or to take over one or more existing businesses in the UK. To qualify, you must provide the following:

• A sum of £200,000 GBP to invest in the proposed UK business, or £100 000 GBP if you are part of an entrepreneurial team of two partners;
• Evidence that the business is real and viable;
• Evidence of English language skills and also that you have sufficient funds to support your stay in the UK;
• Age 16 and over.

Tier 1 Visa for Investor

The Tier 1 Investor Visa is ideal for individuals with a high level of equity who wish to invest in UK government bonds, equity or debt capital in active trading companies registered in the UK. To qualify, you must provide the following:

• A sum of £2 million or more to invest in your proposed business venture in the UK;
• The funds belong to either you or your husband or wife;
• The funds are held in one or more formal financial institutions and can be freely used ("spent") in the UK;
• You have a bank account in the UK;
• You are 18 years of age or older.

You cannot use assets or property, such as real estate, as proof of funds for investments, nor can you invest in companies whose primary business is real estate investment, property management or development.

LEX Law Firm offers the following second citizenship programs:

Antigua and Barbuda Investment Citizenship Program

Antigua and Barbuda citizenship program are the youngest among the Caribbean investment programs. It has been operating since 2013 and has gained popularity among investors. Since the program was launched, about 3000 people have received Antigua and Barbuda passports.

Benefits:

• Visa-free travel to 145+ countries;
• Benefits for studying in the UK;
• Fast granting of citizenship - in 4-6 months;
• Ability to include spouse, financially dependent children under 30 and parents age 55 and over, as well as unmarried siblings on application;
• No need to visit Antigua and Barbuda, application is remote;
• There are no educational or work experience requirements, and no interview, language or history exams are required;
• There is no tax on personal income, wages, inheritance, capital gains, dividends, interest and royalties.

Investment requirements to choose from:

• Donation to the National Transformation Fund - from $100 000;
• Return investment in real estate - from $200,000 - 5-year return period;
• Donation to the University of the West Indies Foundation - from $150 000, for families of 6 or more only;
• Return investment in a business - from $1 500 000.

Cyprus citizenship through an investment in real estate

Benefits:

• Citizenship of a member country of the European Union;
• The opportunity to live, study and work in all 28 EU countries;
• The right to benefit from the European judicial system and social protection;
• Full citizenship is granted to the investor and all qualified family members;
• Visa-free travel to 159 countries worldwide;
• No residency requirements.

Investment Requirements:

• Investment in real estate - from 2 million euros.

Dominica’s Citizenship by Investment Program

Dominica’s government citizenship program has been in operation since 1993. It is one of the most accessible in the Caribbean and is quite popular: between 2017 and 2020, 4192 investors received passports.

Benefits:

• Passport is issued in 3-6 months;
• Full confidentiality for program participants;
• Ability to include spouse, financially dependent children under 30 and parents with no age limit, as well as unmarried siblings under 30, no children and with financial support from investor;
• No need to visit Dominica or interview for citizenship, no language or history requirements;
• Visa-free travel to 135+ countries worldwide;
• Obtain a B1/B2 tourist visa to the U.S. automatically along with your passport for 10 years;
• No inheritance, capital gains, or payroll taxes, and tax residents pay no tax on dividends, interest, or royalties received from abroad.

Investment requirements to choose from:

• Donation to the Dominica Economic Diversification Fund - from $100,000;
• Investments in real estate - from $200,000.

Grenada Citizenship by Investment Program

The Grenada Citizenship Program has been in place since 1997 and allows participants to obtain a second passport in exchange for investment.

Benefits:

• Visa-free travel to 135+ countries worldwide;
• Ability to include spouse, financially dependent children under 30 and parents with no age limit, as well as unmarried siblings with no children and over 18 years of age on application;
• No need to visit Grenada or interview for citizenship, no language or history requirements;
• Ability to obtain an E2 business visa to the U.S., which allows you to live and work in the country;
• Obtaining a B1/B2 tourist visa to the United States automatically along with a passport for 10 years;
• Citizens do not pay taxes on worldwide income, dividends, interest, and royalties received in other countries.

Investment requirements to choose from:

• Donation to the National Transformation Fund - from $150,000;
• Investments in real estate - from $220,000.

Immigration to Malta

About residence permit program in Malta for investment

Foreigners receive residence permit in Malta for investment since 2013. For this purpose, applicants participate in the government investment program Malta Global Residence Program. To maintain the status, you do not have to live in Malta. However, it is important not to spend more than 183 days a year in any other country. Residence permit card is renewed every year. You can apply for a residence permit in Malta for investment only through an accredited representative of the Malta Global Residence Program.

Advantages of a residence permit:

• Visa-free travel to 30+ countries worldwide, including Schengen and EU countries;
• Ability to live in Malta, and with special permission to work and open a company;
• Possibility to include in the application the spouse, children under 18 years, as well as financially dependent children under 25 years and direct relatives (brothers, sisters, parents and grandparents);
• The period for obtaining a residence permit is 3-4 months;
• Investor and his family members can be treated and educated in Malta without a visa within the period of validity of residence permit card;
• Special tax regime: 0% on foreign income not transferred to Malta, 15% on income derived abroad and transferred to Malta, 35% on income derived in Malta.

Investment requirements of the residence permit:

1) To obtain a residence permit:

• Buying or renting real estate;
• Payment of an administrative fee;
• To obtain a health insurance policy.

2) To maintain a residence permit status:

• Become a tax resident in Malta, for which purpose do not spend more than 183 days per year in any other country;
• Pay 15% tax on income earned abroad and transferred to Malta. The minimum amount of tax is 15,000 euros.

About the residence permit program in Malta for investment

Foreigners have been receiving a permanent residence permit in Malta for investment since 2015. During this time, the government has approved about two thousand applications from investors. It is only possible to apply for a permanent residence permit through a licensed agent of the Malta Permanent Residence Program. Participants of the program receive permanent residency status in Malta for life. Permanent residence card must be changed every 5 years.

The benefits of a Permanent Residence Permit:

• Visa-free travel to 30+ countries worldwide, including Schengen Agreement countries;
• Investor does not have to live in Malta to obtain or retain a Permanent Residence Permit;
• Ability to include spouse, children under 18 and financially dependent children over 18 and unmarried, financially dependent parents and grandparents on application;
• Ability to apply for citizenship by naturalization 5 years after obtaining permanent residency;
• Investor’s children can study in Maltese schools and universities without obtaining a residence permit to study;
• Opportunity to register a company, become a tax resident of the country, use the services of European banks.

The investment requirements of the Permanent Residence Permit:

• Purchase or lease of real estate;
• Payment of government fees;
• Make a charitable contribution;
• Proof of capital of at least €500,000, of which €150,000 are liquid financial assets;
• Proof of capital is required every year for the first five years as a permanent resident.

About the Maltese Citizenship by Investment Program

Investors receive Maltese citizenship by naturalization for exceptional merit on the basis of direct investment: in the development of the economy and real estate. Naturalization of investors became a prerequisite for obtaining citizenship in 2021. First you need to get a residence permit, and to apply for citizenship after 1 or 3 years. However, the law does not allow foreigners to apply independently. The process is accompanied by an official representative of the applicant - an agent with a state license of the Government of Malta.

Citizenship Benefits:

• Visa-free travel to 180+ countries around the world, including the US, UK, Japan, Singapore and Hong Kong;
• Ability to include spouse or partner, children under 18, and financially dependent children 18 to 29 and unmarried, financially dependent parents, grandparents 55 and older;
• Residence in any country of the European Union without registration of the residence permit, as well as in Switzerland, Iceland, Norway and Liechtenstein;
• Education of the investor and his children in schools and universities of the European Union becomes cheaper, and it is not necessary to get a student residence permit in another country;
• Ability to open a company and bank accounts in any country of the European Union.

Citizenship investment requirements:

• Contribution to the National Development Fund;
• Charitable contribution to a non-governmental organization;
• Purchase or rental of real estate.

The amount of the contribution to the National Development Fund determines when the investor can apply for citizenship:

• After 3 years - with a contribution of 600,000 euros;
• After 1 year - with a contribution of 750,000 euros.

St. Kitts and Nevis Citizenship by Investment Program

The St. Kitts and Nevis Citizenship Program for Investors is the oldest in the world and has been in operation since 1984. For many countries, the program has become an example of how to attract foreign investment into a country’s economy. The St. Kitts and Nevis passport are popular with the business community, and more than 20,000 cosmopolitans and their families have obtained this citizenship.

Benefits:

• Visa-free travel to 150+ countries around the world;
• Passport issued in 2-4 months;
• Ability to include spouse, children under 30 and parents over 55, and siblings under 30 on application;
• No tax on dividends, inheritance, royalties, wages and income earned outside the country. Condition is to spend 183 days per year in the country;
• No requirement to visit the country; No requirement to know the country’s language, history and culture;
• St. Kitts and Nevis recognizes dual citizenship, so applicants do not have to renounce their current citizenship;
• Preferential education in some UK universities, free tuition at the prestigious University of the West Indies;
• Simplified access to the services of EU banks.

Investment requirements to choose from:

• Donation to the State Fund - $150,000 or more;
• Nonrefundable investment in construction of social and infrastructure projects - from $175,000;
• Real estate investment - from $200,000.

Saint Lucian Citizenship by Investment Program

The Saint Lucian Citizenship by Investment Program has been in operation since 2015. The rules and procedures are regulated by the Citizenship by Investment Act and bylaws. The attractive thing is that investors receive citizenship through a simplified procedure.

Benefits:

• Visa-free travel to 135+ countries worldwide, including the UK, Schengen countries, Singapore and Hong Kong;
• No tax on world income, inheritance, capital gains, or wages, and social contributions for employees are only 5% of wages;
• No need to apply for a residence card, live in the country, or take a language test;
• Obtaining a B1/B2 tourist visa to the U.S. at once for 10 years;
• Ability to include spouse, financially dependent children under 30 and parents over 55, and unmarried siblings under 18 on the application.

Investment requirements to choose from:

• Donate to the National Economic Fund - from $100,000;
• Purchase of Covid-19 Relief Bonds - from $250,000, with a 50% discount for investors on these bonds through December 31, 2022;
• Real estate investments - from $300,000.

Vanuatu Investment Citizenship Program

Vanuatu is a pacific country in Melanesia bordered to the north by the Solomon Islands, to the west by the Australian economic zone, to the southwest by the territorial waters of New Caledonia, and to the east by the territorial waters of Fiji. The Republic of Vanuatu is located on 83 islands of New Hebrides Archipelago, is a member of UNO, Commonwealth, Francofonie, South Pacific Commission and the Pacific Islands Forum, and WTO. The Vanuatu Citizenship Investment Program has been in place since 2017.

Benefits:

• Visa-free travel to 100+ countries around the world;
• Obtaining a B1/B2 tourist visa to the U.S. at once for 10 years;
• Ability to include spouse, children under 18 and parents over 50 as well as financially dependent children from 18 to 25 years old who are university students in the application;
• Deadline for obtaining a passport from 1 month;
• It is not necessary to pass language and cultural exams, live in Vanuatu and come to the country;
• You can open an international company, which is not entitled to receive income in Vanuatu, but can use the tax benefits. During 20 years the company and its shareholders do not pay taxes on income, profits, capital gains, inheritance, gift or gratuity. Instead, an annual contribution of $300 is made.

Investment Requirements:

• Donation to the National Development Fund - $130,000 or more;
• The investor must have a balance of $250,000 or more in their bank account.

Immigration to Portugal

Portugal D7 Visa.

The D7 Visa is a visa that allows financially independent cosmopolitans to come to Portugal and obtain a residence permit. To obtain the visa, you must prove a stable passive income outside of Portugal and the ability to support yourself and your family.

The source of income can be:

• pension;
• income from renting out real estate;
• dividends;
• income from intellectual property.

The amount of income must be at least 705 € per month for the main applicant. The cost of documents for a family of 4 (2 adults and 2 children) will be less than 22,000 €.

Advantages of D7 visa:

• Residence permit for the whole family: along with the investor, the status can be obtained by the spouse, children, siblings, dependent parents;
• Visa-free travel to Schengen countries: cosmopolitans with a Portuguese residence permit visit 26 countries without visas;
• Right to permanent residency or citizenship: After 5 years as a resident, you can apply for permanent residency or citizenship;
• High standard of living, mild climate and high level of security;
• Excellent primary and higher education system in the country;
• Opportunity to keep your passport.

Residence Permit in Portugal

Portugal has been issuing residence permits for investments since 2012. A total of 9,340 investors and 15,965 family members have received “golden visas” since the program began.

To issue a residence permit card, applicants choose one of the investment options. Among them - the purchase of real estate, investment in business, contribution to scientific and cultural projects.

To participate can investor and his family members - spouse, children under 18 years, children from 18 to 26 years financially dependent on the investor, brothers and sisters, parents of spouses over 65 years of dependent.

Advantages of a residence permit:

• Investors with five years of residence permit status are eligible to apply for permanent residency or citizenship. It is not necessary to live in the country - it is enough to spend in the country 7 days a year and regularly renew the residence permit card;
• High standard of living, mild climate and high level of security;
• Excellent system of primary and higher education in the country;
• A backup airfield for the investor and his family;
• Investors with Non-habitual Resident status pay no tax on income in other countries for the first 10 years;
• Visa-free travel to Schengen countries. Cosmopolitans with a residence permit in Portugal visit the Schengen countries without a visa and spend there up to 90 days out of 180;
• No need to know the language and history of the state;
• No obligation to reside permanently in the country. According to the law, the investor must stay in the country 7 days a year;
• If you want you can live in Portugal for 365 days a year;
• Ability to keep your passport.

The most popular investment options:

• Purchase of real estate from 500,000 euros - the purchase of residential and commercial real estate in Portugal;
• Purchase of real estate from 350,000 euros - the purchase of real estate built more than 30 years ago and the objects subject to the program of renovation. If the property is located in a sparsely populated area, there is a 20% discount, so the minimum amount of investment in real estate - 280 000 euros.
• Purchase of units of investment funds - from 500 000 euros (return on investment in 5 years).