Global Residence and Citizenship Handbook. Christian H. Kälin

in a country is becoming impractical. It is neither desirable for tax planning and wealth management purposes nor feasible if they are to take full advantage of international business opportunities across the globe.

      For these individuals the option of a second or even third citizenship is enormously attractive. The freedom which is afforded them is unparalleled. When one considers the reality that, due to the nature of their business, many international entrepreneurs will not spend more than six months a year in any one country, the benefits of citizenship-by-investment become more apparent.

      For individuals who hold passports of countries with fewer visa waiver agreements, a second passport can open up travel to countries previously restricted by time consuming visa application requirements and processes. Using their second passport means giving the individual and their business access to markets in countries previously beyond their reach. Greater access to new markets creates new opportunities for growth.

      The economic crisis has brought this issue into stark relief. Nations are in greater need of ways in which to raise revenues and individuals are searching for more tax-effective means to structure their global lives. In exchange for a route to citizenship or residence, nations can incentivize high net worth individuals and their families to invest in and grow their economies.

      In some sectors there remains a stigma attached to the practice of exchanging investment for residence or citizenship privileges. Some believe that in awarding permanent residence and citizenship to those making a significant investment into the local economy you are devaluing both. However, this outdated belief is no longer reflective of the true nature of investor immigration and citizenship-by-investment today. These fears stem from historical practices abandoned by modern governments.

      There is no doubt that investor immigration and citizenship programs need to be properly monitored and administered in order to prevent abuse. These programs must be run in a manner which is legal and transparent and in keeping with the constitution of the nation offering citizenship. This not only prevents corruption but gives the individual obtaining permanent residence or citizenship a sound legal right to their new citizenship. This is a stark contrast to obtaining residence and citizenship illegally. Sadly, there are a large number of illegal schemes run predominantly on the internet through various agents which amount to immigration, citizenship and passport fraud.

      When researching the options available in relation to investor immigration and citizenship for certain countries, much of the information is unclear and it can be very difficult to find real and accurate information. Furthermore, immigration laws are also increasingly being drafted “in a hurry” in response to the ever changing political environment. Legislation introduced in this way is inevitably going to contain errors and will not have been subject to sufficient consideration, resulting in certain scenarios not being covered. The publication of this fourth edition is, therefore, particularly timely, containing, as it does properly researched, up-to-date information on the immigration and citizenship options available today. Of course, it should never be seen as a substitute for proper legal advice obtained from an immigration specialist.

      Most countries are currently able to offer investors citizenship or residence in return for economic investment. This is usually in the form of requiring substantial investment coupled with, amongst other things, compliance with residence and language requirements. Most countries are very selective in the type of investor they will allow to gain citizenship or residence. Many investors searching for permanent residence or citizenship will be motivated beyond money and looking to invest in countries more substantially from a family, social and cultural perspective.

      Accordingly, investors are sought after individuals who contribute above and beyond their required investment. Investors who bring their families with them as dependents commonly contribute to the economy in a variety of ways ranging from paying for private school, real estate and the arts. They may extend their businesses to the country in question, further stimulating the economy and creating employment whilst also bringing cultural diversity, expanding the international network and increasing contacts to business.

      Nations that do not offer an expedited route to citizenship may offer as an alternative an expedited route to permanent residence. The United Kingdom is a good example. It has the Tier 1 (Investor) program, which is a step in the process toward gaining citizenship. The UK government has always been adamant that investors are to be encouraged. While other migrant routes are being restricted in a desperate attempt to curb net migration figures, investors remain unaffected. It is perhaps unsurprising when one considers that Tier 1 (Investors) are required to invest into either the share capital of UK trading companies or UK government bonds thereby boosting inward investment to the UK as part of the eligibility and ongoing requirements of the route. The UK is open for business and willing to do what it can to attract international entrepreneurs.

      In summary, we continue to live in a turbulent global economic and political climate plagued with uncertainty. Citizenship and permanent residence in another than one’s home country can offer the stability and freedom which international high net worth individuals seek. The Global Residence and Citizenship Handbook aims to be a comprehensive guide to the investor immigration and citizenship programs of the world and to help the smart investors and their advisors make well-informed decisions when deciding which options would be best suited to their individual needs.

      Julia Onslow-Cole Global Head of Immigration PwC Legal

PART I

1

      Chapter Summary

      Residence planning is the process of finding solutions to the complex range of considerations involved in moving your residence to another country, or obtaining residence rights in more than one country. This aspect of private wealth planning is growing in importance to optimize business and personal planning.

      Improving your international tax situation is one of the key benefits of an alternative residence, alongside protecting your financial privacy and structuring matrimonial and inheritance interests in an advantageous manner. It also helps those who, due to political instability or other unfavourable elements, need to find a safe place to reside.

      It is necessary to ensure that the country can accommodate all of your family, business, taxation and legal needs, and that the areas of infrastructure, physical environment, business and economy, and culture and lifestyle suit you.

      Each country judges whether a person should be subject to taxation on a range of different factors. Residence planning can help you achieve a reduction in your tax burden, whilst ensuring that you meet the exact requirements for that country.

      The move from one country to another can itself trigger tax implications, and all financial calculations must take into account exit taxes and extended income tax regimes. The timing of any move is also critical and can have a sizeable impact on taxation.

      International health cover is one of the most important elements to have in place when thinking of moving abroad. Cover must be maintained both during the time of the move and upon settling in the new country.

      When moving countries, one of the key factors will also be the selection of a new home. While an emotive decision, there are many important factors to consider when selecting property, besides the obvious question of location. The decision should also include analysis of whether it would be advantageous to use a holding structure such as a company for fiscal and succession planning.

      The term residence planning was coined by Henley & Partners in the 1990s. At the time, most international lawyers did not consider it necessary for their clients to look at alternative residence solutions, or to conduct the relevant planning for their clients. Rather, obscure and often illegal structures were devised to essentially hide assets, which were then typically parked in “secure” jurisdictions such as the UK, the US, Switzerland, Luxembourg or many of the small island states and territories around the world.

      Today the situation is different and many clients and advisors on all continents are working with this important aspect of private wealth planning. The