Immigration law

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

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;
• Turkish citizenship by investment;
• Permanent residence in Cyprus for investment;
• Residence permit in the UAE;
• Residence permit in Italy for financially independent persons;
• Residence permit in Spain for financially independent persons;
• Immigration to Malta;
• 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.

Turkish citizenship by investment

45,000 investors and their family members have been granted Turkish citizenship under the program since its inception. Turkey has approved applications to investors from Iran, Afghanistan, China, the United States, Canada, the United Kingdom, Russia and other countries. This program has been operating since 2017 on the basis of the Law on Citizenship No. 5901 of 2009 and Resolution No. 9601 of 2016.

• Investments from $400,000;
• The period for obtaining a passport is 6-8 months.

Why is it beneficial to obtain Turkish citizenship?

• Free entry to 113 countries - Singapore, South Korea and others;
• Dual citizenship is allowed - you do not have to renounce the citizenship of another country;
• Travel to European countries - Turkish citizens receive a Schengen visa C-2 for 5 years. It allows you to stay in the Schengen states for up to 90 days out of 180;
• Life in the USA - investors with a Turkish passport receive an E-2 business visa to the USA. This visa allows you to live and do business in the USA. The investor's family members can also live, study and work. There are no restrictions on entry and exit;
• Travel to the USA - Turkish citizens receive a B-1/B-2 tourist visa at the US consulates in Istanbul or Ankara;
• Backup airfield - investors with a Turkish passport can come to the country at any time, even with closed borders.
• No need to learn the language - no need to pass a Turkish language exam.

How to get Turkish citizenship?

An investor receives Turkish citizenship if he invests in the development of its economy.

There are 5 returnable investment options:

• Purchase of real estate - from $ 400,000;
• Business investments - from $500,000;
• Bank deposit - from $500,000;
• Purchase of government bonds - from $ 500,000;
• Purchase of investment fund units - from $ 500,000.

Under the terms of the program, investments cannot be withdrawn for 3 years, that is, you need to keep the property owned or a share in the business for at least this period. Then the property or share can be sold.

Who can get Turkish citizenship?

Together with the investor, investor’sfamily can participate in the program - a spouse and minor children. They can be included in the application immediately or attached later, when the main applicant receives a Turkish passport.

• Investor - with legal income, over 18 years old, no criminal record, no serious illnesses;
• Spouses;
• Children under 18 years old.

Permanent Residence in Cyprus by Investment

• Investments from 300,000 euros;
• Processing period from 3 months.

What is the benefit of permanent residence in Cyprus?

• The opportunity to own a business in Cyprus is to open a new business or invest money in a company. As well as citizens of the country, an investor has the right to receive income from dividends and enjoy tax benefits when running a business;
• Cyprus citizenship prospects - 5 years after receiving permanent residence, the investor can apply for Cypriot citizenship, which allows visa-free travel to 179 countries, including the Schengen countries, the UK and Canada;
• Permanent residence in Cyprus is issued for life - the status does not need to be renewed, it is enough to renew the ID card every 5 years;
• High standard and quality of life - Cyprus has well-developed medicine and infrastructure, as well as a high level of education.

How to get permanent residence in Cyprus?

There are 4 returnable investment options:

• Purchase of housing;
• Purchase of commercial real estate;
• Investments in shares of a Cyprus company;
• Investments in shares of the Cyprus Investment Organization.

The minimum investment for all 4 options is from 300,000 euros.

Who can get permanent residence in Cyprus?

• The investor is over 18 years old, without a criminal record, with an income of 50,000 euros outside Cyprus, with his own or rented real estate in Cyprus;
• Spouse - no criminal record;
• Children under the age of 18 are financially dependent on the investor;
• Children over the age of 18 are unmarried students who are financially dependent on the main applicant.

When adding family members to the permanent residence application, the investor needs to confirm a larger annual income:

• + 15,000 Eur per spouses;
• + 10,000 Eur for every child.

Residence permit in the UAE

To obtain a residence permit in the United Arab Emirates, you need to apply for a resident visa. There are different ways to get a visa

• to open a company in the UAE;
• find a job;
• get a freelancer license;
• buy a property.

Resident visas are also issued to relatives of foreigners legally residing in the country.

To keep a residence permit, it is not necessary to live in the UAE all the time. Some types of visas, for example, for the purchase of real estate, allow you to come to the country 1-2 times a year to maintain your status.

It takes 2-3 months to process a visa. The visa is issued for a period of 1 year to 10 years, depending on the basis on which you received it, then extended for the same period.

UAE citizenship can be obtained by acceptance after 30 years of living in the country or earlier for special merits. In most cases, you will have to renounce passports of other countries.

Why is it beneficial to obtain a residence permit in the UAE?

• Fewer taxes – There is no income tax, property tax or dividend tax in the Emirates. Corporate income tax is 9%;
• Open accounts in UAE banks – a bank account can be used for safe storage of funds or international payments;
• School education for children – children of resident visa holders can study in international schools according to the standards of the USA, UK and European countries;
• Access to quality healthcare – medical and educational institutions in the UAE are among the best in the world. Investors with a resident visa can freely use their services;
• UAE Citizenship Prospects – UAE citizens can freely enter 175 countries around the world without a visa or with a visa on arrival.
• Citizenship can be obtained after 30 years of residence in the country or earlier for exceptional merit. The first citizenship must be renounced.

For more detailed information, please contact our managers.

Residence permit in Italy for financially independent persons

A residence permit in Italy can be obtained by foreigners who have a stable passive income outside Italy.

These earnings include:

• Retirement;
  
• dividends;
  
• income from renting out real estate;
  
• income from investments.

The minimum passive income must be 31,160 euros per year. If family members receive a residence permit together with the main applicant, the amount increases by 100% for each additional applicant.

To obtain a residence permit, you need to buy or rent real estate in Italy. The address must be registered as the applicant's place of residence.

A residence permit for financially independent persons does not give the right to work or do business in Italy. It is assumed that the applicant has enough income from abroad to live in Italy.

The period for obtaining a residence permit is from 3 months.

Advantages of a residence permit in Italy:

• Moving to Italy - a residence permit in Italy will allow you to come to the country at any time, even if the borders are closed to tourists;
• Visa-free travel to Schengen countries - residents of Italy can freely visit other Schengen countries and spend up to 90 days in them every six months;
• Account in a European bank - residents of Italy can open accounts in local banks in euros, dollars and other currencies. Accounts can be used for international payments or storing savings at interest;
• Study and treatment in Europe - investors and their family members have the right to study at Italian universities without a student visa and receive treatment in clinics in Schengen countries;
• The prospect of obtaining permanent residence and citizenship of Italy - after 5 years of living in Italy, you can apply for permanent residence. After 10 years of permanent residence in the country, you can obtain citizenship.

Who can obtain a residence permit in Italy under this program?

• Investor - over 18 years old, with an income of 31,160 euros per year outside Italy, with own or rented real estate in Italy;
• Spouse - in a registered or civil marriage with the investor;
• Children under 21 - financially dependent on the main applicant.

Residence permit in Spain for financially independent person

A residence permit in Spain can be obtained by foreigners who have a stable passive income outside Spain.

Such income includes:

• retirement;
• dividends;
• income from renting out real estate;
• income from investments.

The minimum passive income must be 28,880 euros per year. If family members receive a residence permit together with the main applicant, the amount increases by 7,200 euros for each additional applicant.

To obtain a residence permit in Spain, you need to buy or rent real estate. Holders of a residence permit for financially independent persons must live in Spain for at least 183 days a year, so they need to register at their place of residence.

A residence permit for financially independent persons does not give the right to work or do business in Spain. It is assumed that the applicant receives passive income from abroad, which is enough to live in the country.

Advantages of a residence permit in Spain:

• Moving to Spain - a residence permit in Spain will allow you to come to the country at any time, even if the borders are closed to tourists;
• Visa-free travel to Schengen countries - residents of Spain can freely visit other Schengen countries and spend up to 90 days in them every six months;
• European bank account - Spanish residents can open accounts in local banks in euros, dollars and other currencies. Accounts can be used for international payments or saving at interest;
• Study and treatment in Europe - investors and their family members have the right to study at Spanish universities without a student visa and receive treatment in clinics in Schengen countries;
• The prospect of obtaining permanent residence and citizenship of Spain - after 5 years of living in Spain, you can apply for permanent residence. After 10 years of permanent residence in the country, you can obtain citizenship. The downside is that Spain prohibits dual citizenship for many foreigners, so they must give up their other passports.

Who can get a residence permit in Spain for this program?

• The investor is over 18 years old, without a criminal record, with a legal passive income of 28,880 euros per year outside Spain, with his own or rented real estate in Spain, with medical insurance;
• Spouse - in a registered marriage with the investor, with health insurance;
• Children - financially dependent on the main applicant, with health insurance;
• Parents - financially dependent on the main applicant, with health insurance

Residence permit in Malta for investment

Foreigners have been receiving a residence permit in Malta for investment since 2013. To do this, applicants participate in the state investment program Malta Global Residence Programme. The investor rents or buys real estate and pays an administrative fee. To maintain the status, it is not necessary to live in Malta. However, it is important not to spend more than 183 days a year in any other country

To maintain the residence permit status, the investor must become a tax resident of Malta and pay tax under a special tax regime:

• 0% on foreign income not remitted to Malta;
• 15% on foreign income remitted to the country;
• 35% on income received in Malta.
• Program expenses from 30,000 euros;
• The period for obtaining a residence permit is 3-4 months.

Advantages of a residence permit in Malta:

• Visa-free travel to 30+ countries around the world, including the Schengen Agreement and the European Union;
• The opportunity to live in Malta, and upon receipt of a special permit to work and open a company;
• Possibility to include in the application a spouse, children under 18, as well as financially dependent children under 25 and immediate relatives (brothers, sisters, parents, grandparents);
• The investor and his family members can receive treatment and education in Malta without a visa within the validity period of the residence permit card.

Who can obtain a residence permit in Malta?

• Investor - over 18 years old, no criminal record, with legal and stable income, with health insurance, with conversational knowledge of English or Maltese;
• Spouse - in an official or civil marriage;
• Children under 18;
• Parents, grandparents of the investor and their spouses - financially dependent on the investor;
• Children from 18 to 26 years old - financially dependent on the investor;
• Brothers, sisters of the investor and their spouses - financially dependent on the investor.

How to get a residence permit in Malta by investment?

Investors fulfill 2 investment conditions: buy or rent real estate and pay an administrative fee. The investment amount does not depend on the composition of the family.

The minimum cost of real estate depends on the region.

When renting:

• €8,750 per year in the south part of Malta and Gozo;
• €9,600 per year in the rest of the country.

When buying:

• €220,000 in the south part of Malta and Gozo;
• €275,000 in the rest of the country.

The administrative fee is €5,500 when renting or buying real estate in the south part of Malta and Gozo Island, and €6,000 when investing in housing in any other region of the country.

In addition to fulfilling the investment conditions, the investor pays a minimum annual tax for the entire family - €15,000.

Immigration to Portugal

Portugal has been issuing a residence permit for investments since 2012. A total of 9340 investors and 15,965 members of their families have received golden visa since the beginning of the program.

To apply for a residence permit card, applicants select one of the investment options. These include purchasing real estate, investing in business, or contributing to scientific and cultural projects.

The investor and his/her family members can participate - spouse, children under 18, financially dependent children from 18 to 26 years old, brothers and sisters, and dependent parents of spouses over 65 years old.

Advantages of a residence permit:

• Investors with a five-year residence permit status have the right to apply for permanent residence or citizenship. At the same time, you do not need to live in the country — it is enough to spend 7 days a year in the country and regularly renew your residence permit card;
• High standard of living, mild climate and high level of security;
  
• Excellent primary and higher education system in the country;
  
• An alternate airfield for the investor and his family members;
  
• Investors with Non-habitual Resident status do not pay income tax in other countries for the first 10 years;
  
• Visa-free travel to the countries of the Schengen area. Сitizen of the world with a residence permit in Portugal visits the Schengen countries without visas and spends up to 90 days out of 180;
  
• You do not need to know the language and history of the state;
  
• There is no obligation to permanently reside in the country. According to the legislation, an investor must stay in the country 7 days a year;
  
• If desired, you can stay in Portugal 365 days a year;
  
• The ability to save your passport.

Residence permit in Portugal can be obtained through investment or by obtaining a D7 visa in advance.

D7 visa in Portugal

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

The source of income can be:

• retirement;
• income from renting out real estate;
• dividends;

income from intellectual property.

The amount of income must be at least 760 € per month for the main applicant .

The most popular investment options :

• investments in culture and art - from 250,000 euros;
• investments in a local business or investment fund - from 500,000 euros.

The return on investment period is from 5 years.