Certainly this book will be useful for many lawyers, private bankers, immigration specialists, tax planners and other private client advisors, but also governments and government agencies – they all require firsthand information in this increasingly important field. We are convinced that with this book we are making an important contribution in the advancement of private wealth planning.
No great book is created without the contribution of a great team supporting it, and this book, though it may not be great, is no exception. At this point, I would like to thank all those who have contributed to and supported this book. Special thanks are due to my colleagues at Henley & Partners and Ideos Publications, in particular Amanda Philp, Drew Markson, Ulrike Trux and Dominik Fehr, as all of them made a tremendous effort to help me produce this book. Furthermore I also thank the co-authors and the publisher, as well as the main sponsor, Henley & Partners. Thanks to their valuable support, they have also contributed significantly to the successful publication of this book.
CHRISTIAN H. KÄLIN
Zurich, May 2013
Foreword
They say the world is getting smaller and more interconnected every day. Indeed, the effects of globalization continue to expand and touch all aspects of our modern lives. In the age of internet, jet travel, free-flowing movement of capital and multinational companies, we have become both more interdependent and more mobile than at any time in human history. This poses interesting new challenges for governments, as the concepts of immigration, citizenship and even statehood are changing.
Malta introduced its first tax residence scheme more than twenty years ago. Around that time, it was Henley & Partners which started to focus on residence and citizenship planning when most international lawyers and wealth planning professionals were not considering the subject to be of great importance. Today, the world looks very different, and countries find themselves competing not only for international talent but also for investors, entrepreneurs and high-net-worth individuals and families.
Malta has risen to the challenge. Despite being a small country in the Mediterranean Sea, we are a globally networked nation with a vibrant multi-cultural population and a sizeable Diaspora sprinkled across the globe. Being an outward-looking nation, we have always relied on trade and talent to channel our prosperity.
Our rich culture, beautiful climate and advanced standard of living are certainly an advantage, but we need to engage professionals who understand the investor immigration world and who can help us make the case that Malta is a prime destination of choice. One firm which we have had the pleasure of working with is Henley & Partners. Internationally recognized as the firm of choice for residence and citizenship planning, we sought their advice for the reform of our residence schemes and the development of new programs designed to attract foreign investors to settle in our country. Their knowledge and expertise in this area are truly unrivalled and they have imparted to us some very valuable advice.
TONIO FENECH MP
Minister of Finance, Economy and Investment (2008-2013), Malta
Introduction
Since the first edition of this book was published, the world, and the Eurozone in particular, has been in the grip of unprecedented economic turmoil. Countries looking for new ways to generate growth are increasingly focused on the benefits of economic migration. However, Governments are also under pressure to ensure that employers give priority to local workers when they are looking to fill vacancies. The global political climate is therefore one torn between the undeniable economic benefits of migration and the political need to be seen to be implementing protectionist measures to appease the concerns of the general public. This has led to a number of countries implementing immigration and citizenship laws designed to meet these twin aims, with varying degrees of success. While each country is eager to be seen to be making its own mark on the worldwide immigration environment, the global immigration landscape has become plagued with a plethora of inconsistencies and diverging rules.
The last twelve months has also been a time of significant political upheaval. As well as the uncertainty which has been a consequence of the “Arab Spring”, there is an increasing sense that immigration itself is becoming a political battleground. With the rise in popularity of far right organisations, other, more mainstream, parties are having to rely on their support to form stable coalition governments. This has a knock-on effect on immigration policy in a number of countries which are now adopting a more protectionist approach. Furthermore, a number of countries are looking to increase their tax receipts by targeting high earning residents.
It is therefore clear that obtaining citizenship or residence rights in one or more countries, combined with the ability to quickly leave one country and settle in another, is becoming increasingly important, both politically and economically, for high net worth individuals.
In a mobile global economy, the reality is that key players live and conduct business on an international basis. For the ever growing number of these high profile and high net worth individuals, meeting the physical presence requirements for settlement or for naturalization 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 6 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 third edition is, therefore, particularly timely, containing, as it does properly researched, up-to-date information on the immigration and citizenship options available