Lawyer Monthly - April 2022

EXPERT INSIGHT 50 WWW.LAWYER-MONTHLY.COM | APR 2022 the interests of their clients and provide them with all the necessary information to make informed decisions. What are the major variations in this process from country to country? Each RCBI varies widely in terms of investment form, amount and process. Generally, the process starts with a pre-assessment, KYC, eligibility checks and due diligence. Immigration lawyers then prepare and submit the application forms along with the supporting documents. The investor will then make the qualifying investment and then the visa or passport is issued. Whilst this is a general overview, the processes for RCBI can be understood better depending on the type of qualifying investment made. For instance, start-up visas such as the one offered by Canada generally require an eligibility assessment and selection by a start-up incubator, securing a letter of acceptance or a commitment certificate from the incubator, and submitting completed application forms and the required documents. After this, a work permit is issued so that the main applicant and their dependents can enter the destination country, enabling the applicant to work on setting up and developing the start-up whilst their residency visa is processing. On the other hand, for a real estate investment, the applicant must typically open a bank account in the respective country, transfer their funds into the bank account, obtain a certificate from the bank confirming that they have received the funds and then purchase the real estate with the funds in the bank account. After the property is purchased, the applicant submits the completed application forms to the competent authority and then receives the visa or passport, depending on the program selected. Are there any common difficulties that arise during this process? The entire immigration journey, whether to be in a Residency by Investment or Citizenship by Investment program, can take a significant amount of time, resources and focus over an extended period. As such, most people find it challenging to navigate through the entire procedure alone, especially since one needs to ensure the qualifying investment is made correctly and in accordance with a country’s legal framework. The entire immigration journey, whether to be in a Residency by Investment or Citizenship by Investment program, can take a significant amount of time, resources and focus over an extended period.

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