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Author Archives: Ajmera Law Group

July 10, 2018

NOTE: FOLLOWING PROGRAM IS CLOSED AS OF March 2019. For the latest startup,  innovator, and investor visa of UK – click here

Business Immigration to the UK under Tier 1 visa class 

  • You must have a bank balance of UK pound 200,000+  which can be yours or taken from friends and relative
  • Must have IELTS band of 5 and above
  • Must visit the UK and take a business exploratory trip
  • Make a detailed business plan showing investment and 2 more job creation
  • Processing time 4-6 months
  • Our law firm has a database of active SME businesses in K who are looking for investment.
  • We will match the business as per your profile.
  • You will be working in the business and drawing a salary
  • You can act as a consultant to another company

For more information send a mail to our law firm with your complete profile: info@ajmeralawgroup.com

April 27, 2018

Studying Abroad – How to plan and avoid mistakes?

Young students or parents of these students who are hell-bent on going abroad or sending their children abroad to study without proper research and deliberation should not attempt to read what follows because their decision is already made and no amount to logical reasoning can make them change their minds.

But parents and students who are willing to make an effort to understand what going abroad to study entails – the pros as well as the cons, can reflect upon the points given below and then make an informed decision regarding studying abroad.

  1. Studying abroad does not guarantee success in your career or profession of choice. Unless you seek the right advice, do in-depth research and plan things to the last detail, things are likely to backfire.
  2. If you are interested in studying abroad, apply for admission between the months of November and February of the previous academic year and preferably seek admission during the September intake period.
  3. Do not enroll in an IELTS class associated with a student visa agency/consultancy.
  4. If your child is in 12th grade and money is not an issue, send your child for an undergraduate program in a credited university only. Sending your child to do a POSTGRADUATE DIPLOMA ( PGDBM) with a duration of one or two years has no future and no recognition either in India or any foreign country for that matter.
  5. If you wish to study in Canada – If you have 3 years Bachelor’s degree and/or two-year Master’s degree and are fluent in the English language, enroll for a full-time Master’s degree program at a credited university only. If you are not fluent in English, enroll in a 2 or 3-year Diploma program. This will help you to obtain a work permit on the basis of the study you have done in Canada.
  6. If you have 4 years Bachelor’s degree, do not study in a ‘college’ abroad. If the course you have been advised to enroll in is going to give you a POSTGRADUATE DIPLOMA at the end of your study period, it is not going to lead you anywhere because this Diploma program is NOT A MASTER’S PROGRAM and will not add any value to your existing education credentials.
  7. If you are desperate to go abroad after completing your Master’s program, go after obtaining one year of work experience in your field of study.
  8. To obtain admission in a good/reputed university, it is preferable that you obtain at least 2 years of full-time work experience in your home country.
  9. Always try to enroll in a university that is recognized by the government of that country for immigration purposes. Many countries have options for students to apply for immigration/work permit upon completing the Master’s program or by starting a business after completing the Master’s program.
  10. In order to apply for immigration directly, you must have at least 3 years of full-time work experience and a very high score in IELTS ( 8.0 and above), and a Master’s degree.

Other tips that might be useful:

To apply directly for immigration under Canada’s PNP programs, applicants have three options:

  1. Need to have a relative in Canada to sponsor in some province OR
  2. Need to have a job offer from a company. The job offer has to be related to the applicant’s educational qualification and work experience in Canada OR
  3. Applicant’s occupation in the home country is on the Occupation Demand List of the particular province in Canada.

If you do not have this, you do not qualify for PNP program.

Remembers most agents and consultants have no interest in giving you right career advice and options as they may lose you as a client.

We as a leading immigration law firm dare not to take you as a client by giving you the right advice.

March 5, 2018

Very recently there were news articles online and in print media stating that Mr. Nirav Modi, a renowned diamond jewelry designer accused of defrauding state-owned Punjab National Bank of $1.8 billion, has obtained citizenship of a Caribbean country, namely, St. Kitts & Nevis.

How true are these reports?

For starters, let us understand some basics. There are five Caribbean countries which offer residency and citizenship of their countries (and a 2nd passport) to High Net Worth individuals who voluntarily make an investment in luxury real estate or donate a designated amount to the national development fund. This amount generally ranges from $200,000 to $400,000 US.

These five Caribbean countries are – Antigua & Barbuda, Dominica, Grenada, St Lucia and St. Kitts and Nevis.

The primary reason why HNIs are willing to part with their fortune to obtain a passport of the aforementioned countries is because these passports grant them the liberty to travel to more than 130 countries around the globe without the hassle of obtaining a visa. This is due to the fact that many western countries have diplomatic treaties with these island nations that allow their citizens to travel visa-free.

However, just investing the required amount of money does not guarantee citizenship of these countries. Before residency and citizenship is granted or a passport is issued to the investor, a thorough and detailed background and security check is conducted by the government department in-charge of approving R&C applications. If the applicant has any criminal record or has been involved in dubious transactions or dealings in his/her home country, the application is instantly rejected.

A few days back I was speaking at two conferences on the subject of Residency & Citizenship by Investment, one in Dubai and another one in Mumbai. During this time I had the opportunity to meet some senior government officials of these island countries, including St. Kitts and Nevis.

These officials confirmed to me that Mr. Nirav Modi has not applied to their respective countries for citizenship nor has he been issued a passport of these countries. In fact, the government of St. Kitts and Nevis has issued an official press note denying the sensational claims made by the Indian media who has repeatedly quoted ‘a reliable source from the diamond industry’ as their informant.

It must be understood that is very important for these island nations to maintain the integrity and transparency of their citizenship programs as it brings valuable investment for their nations’ development.

Any country which opens its doors to potential investors and immigrants has a strict background check policy in effect ensuring that they do not harbor or give refuge to fraudsters, defaulters, terrorists and criminals from other countries. After all it is imperative that the reputation, integrity and economic future of their countries is protected.

March 2, 2018

Our law firm and its founder is regularly invited to speak, moderate a panel,  advise on organizing RCI conference and events, contribute articles, etc. on a regular basis. For the complete list click here. 

 

News and Updates about our law firm. 


Law office of Prashant Ajmera & Associates is now featured in THE CEO Magazine of India as one of the Brand to watch for in the year 2018. 


                  

Law office of Prashant Ajmera & Associates is Recommended Firm by Global Law Experts in the area of Residency and Citizenship by Investment – India.

 


17th & 18th May 2018 – Mumbai – Hotel St. Régis

Law office of Prashant Ajmera & Associates will be speaking and Exhibiting at the www.ielpe.com show in Mumbai St Régies Hotel


21st and 22nd Feb. 2018 – J. W. Marriott Sahar, Mumbai, India

Law office of Prashant Ajmera & Associates will be exhibiting at the TIE Global Summit from 21-22 Feb. 2018 at J W Marriott, Sahar, Hotel in Mumbai, India.  


 

27 & 28 Feb. 2018 

Prashant Ajmera speaking the Immigration conference organized by BLS Media of UK on 27-28 Feb. 2018 at J. W. Marriott Hotel, (Juhu) , India. 

 


25th & 26th Feb. 2018 – Dubai – Hotel Shangri-La

Prahsant Ajmera speaking at the Immigration Investment Summit MENA in Dubai on 25th Feb. 2018 at Hotel Shangri-La.


21st Dec. 2017

Law Firm of the Prashant Ajmera & Associates awarded Law firm of the year from India in the area of the Immigration & Nationality for the year 2017. 

January 5, 2018

 

Further liberalization of remittance of investment from India to foreign countries for Immigration purposes; including USA EB-5 investor visa:

Over a period of time, the Foreign Exchange Reserve in India has increased India’s foreign exchange (Forex) reserve to $377.751 billion US, the gold reserve to $20.691 billion, SDRs (Special Drawing Rights with the IMF) to $ 1.512 billion and IMF reserves to $2.291 billion totaling US$ 402.246 billion as of September 22, 2017, as per Forex.

As per one survey, the government of India is aims to have a foreign reserve of $ 750 Billion dollars.

In view of the continued rise of the foreign reserve , RBI ( Central Bank of India) has further liberalized the remittance of foreign currency from India to abroad.

Following are the latest proposals included under the Liberalized Remittance Scheme (LRS). 
Individual Indian citizens can avail of foreign exchange facilities for the following purposes, granted that they remain within the LRS limit of USD $250,000 on a financial year basis.

  1. Private visits to any country (except Nepal and Bhutan)
  2. Gift or donation
  3. Going abroad for employment
  4. Emigration
  5. Maintenance of close relatives abroad
  6. Travel for business, or attending a conference or specialized training
  7. Meeting medical expenses, or check-ups abroad, or for accompanying as attendant to a patient going abroad for medical treatment/ check-up
  8. Studies abroad
  9. Any other current account transaction is not covered under the definition of the current account in FEMA 1999.

This limit is US$ 250,000 per year per person, therefore a family of 4 can remit a million dollars in each financial year which is from April 1 to March 31 of the following year.
It is important to note that the Government of India has allowed the remittance of the fund for Immigration purposes, which opens the gate in India for all types of Residency and Citizenship programs around the world.

This will also allow the Indian citizen to make an investment in foreign business, real estate or unlisted securities and at the same time obtain residency and citizenship by investment.

January 5, 2018

Reducing a child’s foreign education fees by 80% is the number one reason to apply for residency and citizenship by investment. 

What is Residency and Citizenship by Investment?

Residency and Citizenship by Investment is an immigration program introduced by many countries that allows successful businessmen, HNIs, and Start-Ups to obtain residency and/or citizenship (passport) of that country. This is a widely used tool by HNIs in all developed and developing countries to achieve a variety of goals.

Why invest abroad?

For Indian and Asian businessmen living in an emerging market, making investments abroad can be for a variety of reasons. If the goal is to make an investment in a foreign stock market to obtain higher returns on investment, it can be easily done by opening an online account with one of the premium banks and making an investment.

However, if the goal is not just financial returns but also achieving non-financial gains, one needs to look very closely at the country of choice and their investment rules.

Discussed below are some of the major reasons that prompt HNIs to make investments in foreign lands.

Under the Residency & Citizenship by Investment Programs, it is possible to obtain residency and/or citizenship of other countries through legitimate investment.

Following are the major reasons for investing abroad with residency and citizenship benefits:

  1. Children’s education:

Several surveys show that Asian parents give top priority to their children’s education and are particularly keen that they study abroad. This is probably due to the fact that the approach and attitude towards education in Western countries is very different compared to that in Asian countries. The number of Indian students studying abroad has increased many-fold in past 5 years. In the year 2010, more than 400,000 Indian students were studying in different countries around the world. HNIs and Upper Middle Class (UMC) of India can plan their children’s study in foreign countries by making investments in risk-free but unconventional products in many countries of the world. There are excellent opportunities available for investing in countries like the USA, Canada, the UK, and the Caribbean islands which guarantee subsidized education for children of these investors.

Moreover, these investments are likely to give residency status to the family, giving the child a jump start in his/her career after finishing studies. During summer months, the child would be working in a proper job of his/her liking rather than working in unrelated minimum wage jobs. At campus recruitment, the child will not be discriminated on basis of being a foreign student.

If your child is highly skilled or a budding entrepreneur, the residency status will give him/her a jump start in starting his own start-up/business.

One of my young clients who had a brilliant business idea received VC funding in India and the USA. He then asked his parents to make an investment for him to receive USA residency so that he can start his business in the USA without any problems.

One of my Pakistani clients sent his son for higher studies in Canada. Within one year of study, my client realized that it was more economical and practical to obtain residency of Canada for the whole family by investing in Canadian government bonds.

  1. Quality of life:

HNIs and UMC in India now have sizable assets and disposable income. Hence foreign travel and pleasure trips abroad have become frequent occurrences. After having traveled abroad, they aspire to achieve the quality of life lived by people in developed countries. To this end, they can invest and live abroad and still continue to maintain their business operations and family ties in India. The new liberalized foreign exchange policy allows many HNIs and UMC to purchase their own real estate in countries they wish to live in or visit frequently.

3. Expansion of business:

Even though India is an economic powerhouse and Western countries are keen to develop trading ties with India, many Indian businessmen face hindrance in traveling abroad for business or pleasure.

These businessmen can now expand their business in the USA, Canada, Australia, U.K., and many other countries around the world through investment and ensure easy visa-free travel to several countries around the world. These businessmen can easily travel in and out of India to their preferred destinations for business expansion, collaborations, forming alliances or for pleasure. Many HNIs and UMC will be taking advantage of the new foreign remittance policy to make investments in businesses abroad, thus diversifying their business. They may bring new technology to India or make an investment in African and South American countries and export Indian technology to these countries. This is a win-win situation for Indian businessmen who wish to establish a global presence.

  1.  NRI status and its benefits:

 Investing in foreign countries can also facilitate obtaining NRI status and avail of tax-exempted benefits associated with NRI status. As we already know, many Indian celebrities, politicians, and sports personalities have obtained residencies of different jurisdictions around the world in the past for tax planning purposes. Today, this investment opportunity is easily accessible to Indian HNIs and the UMC who can obtain NRI status and receive its benefits.  This is also beneficial to the Indian economy as this generates more NRIs who in turn reinvest back in India, remit foreign currency to India, and may also bring new business ideas and opportunities.

  1. Visa-free travel around the world:

Exporters, businessmen, or investors from India and Asia can obtain residency of certain countries which do not require physical stay but provide residence permits/passports. With these documents, they can travel visa-free to more than 130 countries.

 6. Reunion with family living abroad:

Due to the strict visa regime of many countries, many family members are left alone in India. By making an investment abroad (a relative abroad can also make an investment for a relative in India), relatives can reunite in the country of their choice.

  1. Retiring abroad:

Many HNIs and their families can take advantage of retiring abroad by making investments outside of India, thus having the best of both worlds.

  1. Tax planning:

Investing abroad can give you the best solution for tax planning by taking advantage of NRI status, making investments through legitimate international trusts, and DATT signed by India with many countries around the world.

  1. Wealth Management & Portfolio diversification:

Stock market data of 2011-17 shows that whatever is happening to the US and UK economy, at the end of the year, both stock markets did much better than Indian and Chinese stock markets. Therefore, investing abroad in developed countries could be the best option for wealth management and portfolio diversification for savvy investors and HNIs who wish to explore the world’s stock markets.

  1. Political reasons:

In today’s world, unrest is occurring in all parts of the world. Having a second passport a great option to keep your family safe.

December 26, 2017

Many students who are going to study in Canada find it very difficult to find a job in Canada in their own field and then receive sponsorship to get Canadian Immigration under Canada Experience class.

In order to retain these foreign students in Canada few provinces in Canada have come up with a new category called International students business class.

If you are studying in Canada at a designated education institute for two years and you have received your graduate’s work permit for three years and if you own 100% of the Canadian business and run and manage for a period of 12 months you are edible to apply for immigration to Canada.

In this class, you are creating job for yourself.

You must be under the age of 40, with an IELTS score of 5 bands each. If the business is located in rural area additional points are awarded.

If the spouse has studied in Canada, has an IELTS score of 5 bands, your application will be awarded additional points.
The student must be 100% owner of the business which is a real business with at least one job and the applicant is working full time into the business.

The following businesses are not allowed.

• adult services including but not limited to the production, distribution, and/or sale of pornographic or sexually explicit products and/or services,
• and/or the provision of sexually-oriented services;
• aestheticians and services;
• beauty salons;
• bed and breakfast accommodations;
• coin-operated;
• consultancy (business or agency that offers expert professional advice in a field);
• cooperative (business or organization owned and operated by its member);
• credit or debit cards (active or inactive);
• domain names;
• a farm that is maintained without expectation of being a primary source of income;
• financial brokerage (a business that derives its prime source of income
• from acting as an intermediary for buyers and sellers); • financial services including, but not limited to cooperatives and/or credit unions;
• home-based and/or businesses operating from residential property;
• landlord property and rental management;
• not-for-profit businesses and organizations;
• property investment (purchase of a real estate for the intention of earning a return on the investment, either through rental income, the future resale of the property, or both);

Several provinces of Canada office this program.

For more information on this and other eligibility for immigration to Canada send us an email: info@ajmeralawgroup.com

December 26, 2017

Immigration to Canada – New plan announced in November 2017

Canada has long history of taking immigrants from all over the world in last 25 years and this has become more obvious when government of Canada announced their next three years pan for taking total number of new immigrants.
As per latest plan in the year 2018 -2010 government wish to except 310,000, 330,00 and 340,000.

This is equivalent to 1.3% of the total population of Canada. In the past government has accepted 1% of the total population and total number of immigrant was less than 300,000.

Here is the data for several categories:

2018 2019 2020 Total  

% Increase

Economic Programs Range Target Range Target Range
Express Entry, Skill and Canada Exp. class 71,700 72,700-78,200 74,900 76,000- 83,000 81,400 81,000-88,000 +19.66%
Atlantic Pilot Program 2,000 500- 2,000 1,000 1,000-4,000 2,000 2,000-4,000 +100%
Caregivers 18,000 15,000-20,000 17,000 9,500-15,500 14,000 4,000-7,000 -72.22%
Business 500 500-1,000 700 500-1,500 700 500-1,500 +40%
Provincial Nominee Programs 51,000 53,000-57,400 55,000 57,000-63,500 61,000 62,000-68,500 +32.94%
Quebec Skilled Worker Program and Quebec Business 29,300 27,900-29,900 28,900 31,500-33,500 32,500 31,500- 33,500 +10.92%
All Economic Programs 172,500  169,600– 188,500 177,500 175,500201,000 191,600 181,000-202,500 +13.51

 

This rise in total immigration number is clear indication that Canadian Government wish to attract more immigrants. However from overall interest from all the countries in recent years many prospective immigrant may find immigration to Canada rules difficult. However due to high demand of Canada immigration bar is raised higher and higher.

On the other hand one may also realise that compare to Australia and New Zealand, Canada is accepting 5 times more immigrants per years only after USA.

Are you interested in immigrating to Canada just email us your detail and will be happy to advise you for your chances for immigration to Canada. Email: prashant@ajmeralawgroup.com

December 21, 2017

 

USA government to accept Applications under the International Entrepreneur Rule :

UPDATE 10TH MAY 2021:

  • THIS RULE WAS SUSPENDED BY THE TRUMP ADMINISTRATION BUT REOPNE BY BIDAN ADMINISTRATION.
  • See latest WSJ article – click here

ORIGINAL BLOG OF 2017: 

On 14th December US Immigration department announced that US government will accept the application under the International Entrepreneur Rule –commonly known as Start Up Visa.

These rules were made during the  President Obama Administration and date decided was July 17, 2017. However the rules could not take effect as Department of Homeland Security issued the final Rules only on July 11, 2017 and hence rules were delayed till March 14, 2018.

However, a court case was filed against the delay of the Rules and hence now the Government has been asked to accept the application with immediate effect.

Under this rules there is an unlimited number of the application can be accepted from international entrepreneur to enter the USA, use American investment and grow their Start Up business in USA.

This rules are discretionary and will be decided by Homeland security on a case by case basis for urgent humanitarian reasons or significant public benefit.

This Rules allow  the Start Up founder to come  on a temporary visa basis and does not convert to Citizenship of USA.

Under this final rule, founder of the start up will be eligible to work only for their start-up business. The spouses and children of the foreign entrepreneur may also be eligible for visa as well. The spouse can apply fort work permit once they are USA. Children are not entitle to work permit. These visa is used for a period of three years.

Eligibility

Entrepreneurs applying for parole under this rule must demonstrate that they:

  • Possess a substantial ownership interest in a start-up entity created within the past five years in the United States that has substantial potential for rapid growth and job creation.
  • Have a central and active role in the start-up entity such that they are well-positioned to substantially assist with the growth and success of the business.
  • Will provide a significant public benefit to the United States based on their role as an entrepreneur of the start-up entity by showing that:
    • The start-up entity has received a significant investment of capital ( US$ 250,00 and above) from certain qualified U.S. investors with established records of successful investments;
    • The start-up entity has received significant awards or grants of (US$ 100,000 and above) for economic development, research and development, or job creation (or other types of grants or awards typically given to start-up entities) from federal, state, or local government entities that regularly provide such awards or grants to start-up entities; or
      • They partially meet either or both of the previous two requirements and provide additional reliable and compelling evidence of the start-up entity’s substantial potential for rapid growth and job creation.
    • THIS RULE WAS SUSPENDED BY THE TRUMP ADMINISTRATION BUT REOPNE BY BIDAN ADMINISTRATION.
    • https://www.wsj.com/articles/foreign-entrepreneurs-to-gain-more-access-to-immigration-program-11620647100
December 21, 2017

Canada Business Immigration programs – under Provincial Nominee Business Immigration Program  (PNP) – 10 options to choose from!!!

Canada is a pioneer in Business Immigration program and always remained forefront in coming up with new programs and options to attract the entrepreneur from all over the world.

Due to businessmen’s attraction to set up business in the major city of Canada such as Toronto, Montreal, and Vancouver, the federal government of Canada has signed up an agreement with various provincial governments, which has developed their own Business Immigration programs for SMEs and also for farmers in some provinces.  This has allowed businessmen to choose from 10 business Immigration programs of Canada knows as PNP Entrepreneur business immigration programs.

Here are in general requirement range:

  1. The investor must have assets in the amount of CD$ 600,000 to $ 800,000;
  2. Two to three years of Business Experience as an owner or senior executive of a company.
  3. A business exploratory trip to Canada for 2-3 weeks and
  4. A detailed business plan with a complete understanding of the viability and legality of the business to be started in Canada
  5. Job creation for 2-3 people for the Canadian citizens or permanent residence.
  6. IELTS band of 4 or 5

The businessmen are allowed to open a new business, purchase an existing business or make a partnership with local businesses.

If a businessman has not taken his business exploratory trip and met government departments, professionals, business association, business counterparts and find out about the rules and regulation for the operation of a business, find data for his business and make a detailed business plan, we believe officer will not be satisfied that you are a serious businessman and your application is not likely to receive a favorable assessment.

Please note that amount and requirement shown are minimum as guidelines only. If a businessman does not show his commitment to start and operate the business himself he will have difficulty getting his application approved.

To see the comparison of all the Canada PNP business immigration programs click here