Global Residence and Citizenship Handbook - Christian H. Kälin

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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 dependants 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

       Residence and Citizenship Planning

      1

       Residence Planning

      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 political and legal climate means that the only sensible advice is to: “comply, or move out”.

      Whatever your situation, there are many reasons why you should consider becoming a resident of another country, or holding a residence permit from more than just one. However, anyone thinking seriously about moving their main residence abroad, or obtaining residence rights in more than one country, faces a series of questions which are not always easy to answer. Residence Planning analyzes those questions, reasons and possibilities.

      Historically, since the invention of agriculture led to more permanent settlements, it was not easy for people to move their place of residence, and immigration as we know it today was not possible. Generally only natives of the land had full rights, and various rules prevented the movement of people even from one district to another. Only wars, extraordinary abilities or contributions to society and other special factors enabled people to move within a societal structure, and across territorial borders.

      In today’s globalized world, moving from one’s native country to another, possibly more attractive, country has become increasingly easy and commonplace. Although language differences continue to be a barrier, the global dominance of English provides a linguistic infrastructure that parallels the technological infrastructure of the cosmopolitan era we live in1. The advances in communications and computer technology have made it possible for “knowledge workers” to work and live almost anywhere, and for entrepreneurs and investors to operate and supervise their businesses and investments 24 hours a day from virtually anywhere in the world. In this borderless global economy, capital and to some extent also labor, has lost its link to individual countries.

      Particularly for wealthy individuals and families, and business owners and investors with an international lifestyle, today’s globalized world offers tremendous opportunity to optimize personal and business planning. This includes in particular tax and estate planning, increasing international freedom of travel, and diversification not just of business, but also on a personal level, by having multiple residences and possibly multiple citizenships.

      Moving to a more attractive country of course means different things to different people: for refugees, this may mean bare survival, personal safety and escape from war, violence and starvation; for an economic migrant, more job opportunities; business opportunities for entrepreneurs who are looking beyond their country’s borders; investment opportunities for international investors looking to diversify not only their assets but also their life and family ties geographically; or retirement and lifestyle options, combined ideally with tax and other benefits, for wealthy individuals and families with a global outlook. In Asia for example, since the 1960s, ethnic Chinese from Hong Kong and throughout Southeast Asia have sought residency rights in Western countries – in particular Canada, the US, Australia and the UK – to escape political discrimination and anticipated upheavals that could disrupt their businesses and threaten family security. With the rising affluence of Asian countries and the relative decline of the West, however, they increasingly found that economic

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