NEW REVISED CRITERIA FOR GRANTING IMMIGRATION PERMITS TO INVESTORS UNDER REG 6(2) OF THE ALIENS AND IMMIGRATION REGULATIONS
Cyprus has always been considered as an ideal destination for permanent residence by non-EU Nationals. The Cypriot Government, in an attempt to attract foreign investment to the island and to help economic recovery and further economic growth, introduced Regulation 6(2) of the Aliens and Immigration Regulations which gave non-EU nationals, who invested in Cyprus, the right to permanently reside on the Island, provided certain criteria were met. The significance of these regulations and their contribution to the Cypriot economy is well documented.
In order to address some weaknesses in the system, these criteria have recently been amended. The amendments have come into effect as of 2nd May 2023 and are applied to applications that are submitted from 02/05/2023 onwards. The underlying purpose behind these changes is to protect the integrity of the system, thereby safeguarding their continuity and securing the country’s reputation.
For all sale agreements lodged at the Land Registry Office between 02/01/2023 and until the 28/04/2023, the previous criteria will be applicable to the examination of any application. Permanent Residency permits shall be issued to non-EU applicants, provided they meet one of the investment criteria specified in the regulations and fulfil the quality criteria stated therein.
INVESTMENT CRITERIA
The applicant must make an investment of at least €300,000 in one of the following categories:
(A) Investment in house/apartment: Purchase of a house/apartment sold for the first time (not a resale) by land development company of a minimum value of €300,000 (plus VAT).
(B) Investment in real estate (excluding houses/apartments): Purchase of another form of real estate such as offices, shops, hotels or similar developments, or a combination of these, with a total value of €300,000. These properties may also be resale properties.
© Investment in share capital of a Cypriot Company with activities and personnel in Cyprus: Investment worth €300,000 in the share capital of a new company or investment worth €300,000 in the share capital of an existing company registered in the Republic of Cyprus, which is based and operates in the Republic of Cyprus and has a proven physical presence in Cyprus and employs at least five (5) people.
(D) Investment in shares of a Cyprus Investment Organization for Collective Investments (Type AIF, AIFLNP, RAIF): Investment worth €300,000 in shares of a Cyprus Investment Organization for Collective Investments whose investments need to be carried out in Cyprus.
In the event that the applicant ceases to hold the investment without immediately replacing it with another of the same or greater value, which should meet the conditions set in this procedure, then the Permanent Residence permit will be cancelled.
Proof of Investment Funds
It must be proved that the money to be used for the investment has come from abroad from the applicant’s personal bank account or that of his spouse’s and the value of the investment needs to be transferred to the Vendor’s bank account in Cyprus. On 17th May 2023 it was clarified that it is also possible for the funds to be transferred from the corporate bank accounts of a company in which the applicant and his/her spouse are the sole shareholders.
In addition to meeting the criteria mentioned above, the applicant should be able to prove that he has at his disposal a secure annual income emanating from abroad of at least €50,000. The annual income is increased by €15,000 for a dependant spouse and €10.000 for each dependent minor child.
In cases where the applicant invests in a house or apartment under the investment criterion (A), this income can be from salaries, pensions, stock dividends, fixed deposits, or rents emanating from abroad. Such income, however, can only be proven by tax declarations of the applicant from the country in which the applicant is tax resident or through an official declaration by an independent certified chartered accountant. In calculating the total income, the income of the applicant’s spouse may also be taken into account.
In cases where the applicant chooses to invest in Real Estate excluding houses or apartments, then the total income or part of it may also arise from sources originating from activities within the Republic, provided these are taxed in the Republic.
QUALITY CRITERIA
The applicant and their spouse must submit a clean criminal record from their country of residence or from the Republic, if they reside in Cyprus.
The applicant and the applicant’s dependants will need to provide a Health Insurance Certificate providing in- and out-patient insurance cover.
They must certify that they do not intend to work in the Republic, with the exception of their acting as directors in a Company in which they have chosen to invest within the framework of this policy.
If the investment does not concern a Company’s share capital, they may be shareholders in Companies registered in Cyprus and receive dividends. They may also hold the position of director in such companies without remuneration.
Where applicants choose to invest under the Investment criteria (B), ©, or (D), they must present information regarding their place of residence in the Republic.
When investing in residential or other properties, the application needs to contain proof that the contract of sale was lodged with the Land Registry Office and official receipts for the payment of at least €300,000 (excluding VAT), regardless of the date of delivery of the property. Evidence must be provided that the funds invested have come from abroad and are not a product of internal borrowing. The total Investment should be paid into the Vendor’s account in a Cypriot financial institution.
The applicant may purchase up to two (2) residential units (apartments or houses), provided that the total market value meets the above criteria. The said purchase must be dwellings sold by the developer for the first time, unless the purchase of the houses took place before 07/05/2013.
Property Purchase
It is noted that the properties do not have to be purchased from the same land development company.
PROVISIONS RELATING TO THE DEPENDENTS OF THE APPLICANT
The Immigration Permit is issued to the applicant and the applicant’s dependents (spouse and minor children up to the age of 18. Unmarried children between the ages of 18 and 25, who are students in higher education abroad on the date of submission of the application, and who are financially dependent on the applicant, may submit their own, separate application for obtaining an Immigration Permit. In such a case, the father or mother and/or both parents together must prove that they have an additional annual income of €10,000 for each such dependent child.
Such Permit, once issued, will continue to be valid even after they reach the age of 25, even if they marry and cease to be students and/or financially dependent on their parents.
HIGHER VALUE INVESTMENTS TO INCLUDE ADULT CHILDREN
An Immigration Permit may also be granted to adult children of the applicant who are not financially dependent, provided a higher value investment is made. The market value of the €300,000 investment should be multiplied according to the number of adult children, who will rely on the same investment for the purposes of obtaining an Immigration Permit.
Each adult child will need to prove they have at their disposal a secure annual income of at least €50,000, which will be increased by €15,000 for a dependent spouse and €10,000 for each dependent child.
When the applicant invests in real estate under Criteria (A) and (B) above, he has to prove that 66% of the market value of the property has been paid prior to submission of the application.
In addition, it is noted that the investment can be made jointly in the name of the applicant and the adult child or exclusively in the name of the applicant.
In the event that the applicant invests in residential property under criterion (A) above, but the number of bedrooms of the property cannot meet the needs of the dependent family members, the applicant will need to prove another Property which shall be the place of residence of these people.
It is no longer possible for applicants to include in their application their parents or parents-in-law.
MECHANISM FOR ENSURING THAT THE CRITERIA CONTINUE TO BE MET
Applicants are not required to prove that they continue to receive the required annual income for themselves and their dependants on an annual basis. They do, however, need to prove annually that they continue to hold the investment through a search, and that they all continue to hold a valid health insurance cover if no longer registered with GESY. The applicant, his spouse and adult child/ren need to present every three years a clean criminal record from their country of origin and residence. In case the applicant fails to provide the above, then he and his dependents’ residence permits shall be cancelled.
Residency Rights
The right of the applicants and their adult dependent children to reside in Cyprus is indefinite. The residency permit issued for the minor children of the applicant will end on reaching the age of 18. They can reapply if they fulfil the relevant criteria mentioned above.
The underlying objective of these provisions is to maintain the integrity of the system, safeguard the process and eliminate the loopholes that were observed. While one can understand and respect the need for stricter controls, the increase in the amount of annual income that is required will exclude many potential investors, especially those of retirement age who wish to have Cyprus as their retirement haven and who do not have such high annual income. It remains to be seen how these changes will be perceived by potential investors.
The content of this article is valid as at of the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice.
For any further information please contact Esme Palas, Partner, Michael Kyprianou Law Firm at [email protected], or call -357 26930800 or what’s app +357 99452516. She will be happy to provide you with initial complimentary advice and meeting.
ESME PALAS, Partner, Barrister at Law
Michael Kyprianou and Co LLC. Email: [email protected] Telephone Number: +357 26 930800 Whats app +357 99452516
About the Author
LEGAL 500, which provides the most comprehensive worldwide coverage on recommended Law firms and Lawyers, has recognized Esme in the 2017, 2018 and 2019 EMEA guide as the “Next Generation Lawyer” in Cyprus for Real Estate and Construction. In 2020, Esme was recognized by the abovementioned highly reputable international directory as “A Rising Star” and in 2021 ,2022 and 2023, as “A Next Generation Partner“ in the same practice area.
Furthermore, Legal 500 endorses Esme as a recommended lawyer, noting that clients have stated that Esme “stays on top of every detail and keeps clients well informed “and has an “excellent understanding of the Cypriot legal system and its potential pitfalls“. The “very knowledgeable and professional” Ms Palas is “extremely thorough and pragmatic “and provides clear and concise advice promptly” and “always goes the extra mile for her clients”. “She has the rare ability to combine her extensive legal knowledge, business acumen and high level of emotional intelligence to overcome complex legal situations and close deals successfully”, and” she enjoys the trust and confidence of her peers”. Esme has also been presented with the award for the “Real Estate Lawyer of the Year” in the Corporate Live Wire’s Real Estate and Property Awards 2017.
In 1995, Esme obtained a Law Degree from the University of Bristol in the United Kingdom. A year later, Esme qualified as a Barrister at Law of the Honourable Society of Gray’s Inn, London. In 1997, having continued with her studies, Esme obtained a Master’s Degree in Commercial and Corporate Law from the University of London Kings College. Having passed the Cyprus Bar Examinations, she became a member of the Cyprus Bar Association in 1998.
Esme is commended on her specialist experience in Real Estate Law, a field in which she has specialized for over 22 years, acting for European and Non-European clients. She advises clients in Real Estate matters and focuses on conveyancing work – including the purchase and sale of property. Esme has an in-depth knowledge of Cyprus immigration law as well as corporate law. She acts as a consultant in property investments in the Republic of Cyprus and in immigration law to a number of international firms and foreign lawyers as well as private individuals. She has developed an excellent reputation in her areas of expertise by offering competent and effective legal advice at high quality professional standards combined with a very strong emphasis on client care and attention, an element which has distinguished her amongst her peers.
FREQUENTLY ASKED QUESTIONS IN RELATION TO RELOCATION IN CYPRUS. ALL YOU NEED TO KNOW ABOUT IMMIGRATION
(1) If UK Nationals wish to come to Cyprus to view properties, would they need a visa to come to Cyprus?
UK Nationals are still able to visit Cyprus post-Brexit but their passports will be stamped at entry/exit border checks with a 90-day limitation period, which is the period of time that they can legally remain in Cyprus. This means that UK Nationals can legally enter and stay in Cyprus with a 90 days’ maximum limit in any 180-day period.
(2) Is it possible for UK Nationals to stay in Cyprus for more than 90 days? What Residency options are available for UK nationals wishing to stay in Cyprus for more than 90 days?
In the event that UK Nationals wish to extend their stay in Cyprus for more than 90 days, they can apply for a Temporary residence Permit – the so called “pink slip” – which allows non-EU passport holders to extend their stay in Cyprus for more than 90 days. It will also enable tourists and visitors to extend their stay. Applicants need to apply before their visas expire.
Under this Permit a person is allowed to live in Cyprus for one year as a visitor, without the right to work. Spouses and children below the age of 18 can also get a Temporary residence Permit as dependents.
(3) What are the basic requirements for applying for a Temporary Residency Permit (Pink Slip)?
In order to be eligible for this type of Permit, the Applicant mainly needs to show:
- Adequate income from abroad to cover living expenses while residing in Cyprus. Income includes salary, pension deposits in a bank account abroad, rents, dividends, interest on deposits, etc.
- The Applicant needs to have a minimum deposit of €10,000 in a Cypriot financial institution (bank) during the first application and a minimum of €6,000 when reapplying.
- The Applicant must provide detailed bank statements of bank account transactions in a financial institution in Cyprus for the last 12 months in case of renewal or from the date of opening the bank account in case of a first application for a Temporary Residency Permit, showing foreign remittances in the name of the applicant which in total should not be less than €2,000 per month or €24,000 per year for one person. This amount increases by 20% for the spouse and by 15% for each dependent child below the age of 18.
- The Applicant must either be renting or have bought a house or apartment in Cyprus.
- The Applicant must obtain a clean criminal record from their country of origin or residence if the Applicant resides in a country other than their country of origin.
- The Applicant must undergo medical examinations and blood tests and X-rays during their first application.
- The Applicant must have valid private health insurance for medical care in Cyprus.
Restrictions of a Temporary Residency Permit
A holder of this Temporary residence Permit cannot stay out of the country for more than 3 months continuously as the Permit will be cancelled. Also, it does not entitle the successful Applicant to work in Cyprus. It is valid for one year and can be renewed on an annual basis.
Renewal of Temporary Residency
Yes, it is possible to renew one’s Temporary residence annually, provided the necessary requirements are met for renewal.
Routes for UK Nationals to Relocate to Cyprus
UK Nationals post-Brexit can apply for Permanent Residency under either Category 5(F) or Regulation 6(2) which is commonly known as the ‘Fast Track’ procedure.
Qualification for Permanent Residency Permit under Regulation 6(2) or “Fast-Track Permanent Residency”
The Applicant under Regulation 6(2) need to proceed with the purchase of a house or an apartment of a minimum Purchase Price of €300.000 plus VAT from a development company. The Property must be bought from the primary market, i.e. not a resale Property, hence the addition of VAT to the Selling Price.
The Applicant could also invest €300.000 plus VAT in commercial real estate (excluding a house or apartment) in which case they could purchase property from the secondary market (re-sale).
The Applicant needs to provide evidence of a secure and steady annual income emanating from abroad that should be a minimum of €50,000 which increases by €15,000 for the dependant spouse and €10,000 for each dependent child. In calculating the annual income, the income of the spouse is also taken into consideration.
Such secured annual income of at least €50,000 (of the Applicant and/or his/her spouse) which must be remitted from abroad may emanate from: Salary, Dividend income, Pension, Deposits and/or Rental income, and needs to be proven by a tax declaration from the country in which the Applicant is a tax resident or can be proven by an official confirmation/declaration by an independent chartered accountant.
Such funds can emanate not only from the personal bank account of the applicant/spouse but also from a corporate account of a company in which the Applicant/spouse are sole shareholders.
Obligation to Show Income Yearly
There is no obligation of the Applicant to prove the required annual income on an annual basis.
Examination of the Application
Examination and processing of applications takes around 3-6 months, hence it is often referred to as the “Fast-Track“ process.
Family Members Qualification for a Residency Permit
Under Regulation 6(2) the spouse of the Applicant, their children up to the age of 18, as well as any single financially dependent children aged 18-25, who are in full time education as at the date of filing of their application, can qualify provided the Applicant can show they have adequate income emanating from abroad to support them. It will not be possible for adult (financially dependent children aged 18-25) to add their future spouse/children to such a Permit.
Validity of a Permanent Residency
A Residency Permit obtained under regulation 6(2) is valid for life for the main Applicant and the spouse. With regards to unmarried children between the ages of 18 and 25, who are students in higher education abroad on the date of submission of the application, and who are financially dependent on the Applicant, their Permit remains valid throughout their lifetime provided they visit Cyprus at least once every two years. Such a Permit, once issued, will continue to be valid even after they reach the age of 25, even if they marry and cease to be students and/or financially dependent on their parents. The Residency Permit issued for the minor children of the Applicant will end on reaching the age of 18. They can reapply if they fulfil the relevant criteria mentioned above.
Investment Retention
The investment needs to be retained for life. The Applicant needs to prove annually that they continue to hold the investment through a search, and that they all continue to hold a valid health insurance cover if no longer registered with GESY. The Applicant, his/her spouse and adult child/ren need to present every three years a clean criminal record from their country of origin and residence. In case the Applicants fail to provide the above, then their dependents’ and their Residence Permits shall be cancelled.
Work Rights in Cyprus
The holder of a Category 6(2) Residency Permit cannot work in Cyprus as an employee or director of a Company receiving a salary. However, they can be the 100% shareholder of a Company doing business in Cyprus, and they are allowed to be the director of a Company if they are not receiving a salary.
Requirements for a UK National to Apply under Category 5(F)
This category would be the most appropriate route for pensioners who receive a pension from abroad and have savings, wishing to retire in Cyprus or families with secure incomes from abroad who want to set up a home in Cyprus. Each application is examined on its merits and a high level of discretion is exercised by the Migration Department.
Category 5(F) Application
Category 5(F) applies to persons who have a secured annual income coupled with some savings and a place to stay in Cyprus. Applicants must have fully and freely at their disposal a secure and regular annual income, which is high enough to provide a decent living in Cyprus without having to engage in any business, trade or profession in Cyprus. The law does not specify the amount of annual income the Applicant should earn, although typically it should be such that he can afford a decent standard of living for the whole family. Likewise, the regulation does not set out a specific amount of savings to be deposited in the local bank. Although the place of residence can be a rental property, owning a property in Cyprus weighs heavily and positively when the application is processed and is a considerable advantage.
Minimum Amount for Property Purchase
There is no minimum amount that must be spent on the Property that is being purchased and the property does not have to be from the primary market – it can be a resale Property or a new build of any value. However, the Cypriot Government is contemplating changing the criteria of eligibility for this category and to require a minimum amount.
Who Can Apply Under Category 5(F)?
Main Applicants can add to their application their spouse and children, up to the age of 18, as dependents. However, children who are Permanent Residency holders, under category 5(F), will not be able to renew their Permanent Residency Permit once they become 18 years old, unless they can satisfy the requirements independently and are able to apply in their own right.
Examination of the Application
The examination of the application currently takes over three years and there is a huge backlog, the main reason being that the government is contemplating changing the criteria of eligibility for this category. There have not been approvals under this category for the last three years.
Work Rights in Cyprus
Holders of Permanent Residency Permits under 5(F) are not allowed to work in Cyprus, or be appointed as officers in Cypriot companies or have income from such appointments.
Validity of a Permanent Residency
A Residency Permit obtained under category 5(F) is valid for life for the Applicant and their spouse but for the dependants, its validity ceases when the dependent children turn 18. If a holder of a Permanent Residency Permit stays out of Cyprus for more than 2 years, it is automatically cancelled. The holders of Permanent Residency Permits must visit Cyprus at least once every two years.
Relocation with an EU National Spouse
If someone wishes to relocate to Cyprus and their spouse is an EU National, it does make a difference. However, the specifics of this difference are not provided in the text.
Relocation to Cyprus with a European Passport
It is much easier for persons wishing to relocate to Cyprus if they or their spouse have a European passport as the process of obtaining a Residency Permit is much simpler and straightforward. EU nationals can purchase property in Cyprus without any restriction, they can work and reside in Cyprus without any limitations.
It is important to note that if a UK National can prove that they visited Cyprus in 2020 even for a short visit, without necessarily owning property they are entitled to the same rights a UK National would have had prior to Brexit.
Work Rights in Cyprus Post Brexit
Holders of Temporary Residency, Permanent Residence Permits under category 5(F) and Regulation 6(2) are not allowed to work in Cyprus.
Work Options in Cyprus
It is possible, provided certain conditions are met, for UK Nationals to be employed by a Cypriot company and obtain a work Permit. The application would be submitted to the District Labour Office that will investigate and confirm that the criteria for the employment of third country nationals are being met.
It is also possible, subject to certain requirements, to obtain a work Permit and Residence Permit as an employee of an existing or new company of foreign interests.
Inheritance Tax in Cyprus
No, there is no inheritance tax in Cyprus. The Probate procedure is very similar to that in the UK but it is a major benefit that in Cyprus there is no inheritance tax.
Why Choose Cyprus for Relocation or Retirement?
Cyprus is a democratic country with political stability and emphasis on full protection of human rights. The English language is spoken by the vast majority of the population, which makes it easier for British Nationals to live and prosper in the country.
It enjoys a high standard of living and quality of life with a modern and highly developed infrastructure and excellent telecommunications, ranked as the fifth best place to relocate by Knight Frank Global Lifestyle Review.
A secure and safe environment for the whole family to enjoy a stress-free lifestyle. Cyprus has a very high standard of education across all sectors. There are excellent private schools for both junior and secondary level foreign pupils. Cyprus also has a wide selection of English-speaking Universities which are directly linked to UK and USA Universities.
Cyprus has the lowest corporate EU tax rate which is 12.5% and its enviable geographical position between Asia, Europe and Africa makes Cyprus the ideal place to invest, as it is a gateway for many emerging nations to expand their business throughout Cyprus.
There is no inheritance tax and no estate duty. Cyprus provides excellent health care at low cost.
Relocation to Cyprus with a European Passport
It is much easier for persons wishing to relocate to Cyprus if they or their spouse have a European passport as the process of obtaining a Residency Permit is much simpler and straightforward. EU nationals can purchase property in Cyprus without any restriction, they can work and reside in Cyprus without any limitations.
Advice for Property Purchase and Relocation to Cyprus
The most important piece of advice for people wishing to purchase property and relocate to Cyprus is that preparation is key. It is highly advisable to obtain independent and reliable legal advice from the very beginning in order to prepare in advance and be well informed and avoid any potential pitfalls.
The content of this article is valid as at of the date of its first publication. It is intended to provide a general guide to the subject matter and does not constitute legal advice.
For any further information please contact Esme Palas, Partner, Michael Kyprianou Law Firm at [email protected], or call -357 26930800 or what’s app +357 99452516. She will be happy to provide you with initial complimentary advice and meeting.