Hi, How Can We Help You?

Tag Archives: Business Immigration Visa

Ajmera Law   →  Business Immigration Visa
January 1, 2021
January 1, 2021

Canada – One of the best countries in the world to study, work, invest, do business or retire!

Author By Ajmera Law Group Categories Global Financial Markets

A perfect landing pad for Indian Start-Ups:

  1. Why has Canada become a popular destination among Indians in recent years?

Ans: Canada is a unique country that has implemented an open immigration policy since decades. Preceded only by the USA, Canada accepts the highest number of immigrants per year (275,000-300,000). Its immigration policy is progressive and immigrant friendly, which is why most students who go to study in Canada are able to receive immigration after their study. Its Federal Skilled Worker (FSW) program and Provincial Nominee Programs (PNP) are designed to attract the best qualified and educated professionals in the world. This openness has made Canada a very popular destination, especially amongst students and professionals.

There are other important reasons that make Canada an attractive prospect. These include:

  1. Canada has been consistently voted as one of the best countries to live in by various global agencies and for the right reasons. A very large country with a small population, Canada has abundant natural resources and is endowed with breathtaking natural beauty.
  2. Canadians value multiculturalism and human rights very deeply. It is country which is known for its human rights values and its empathy towards refugees.
  3. Canada is the largest trading partner of the USA. Because of the NAFTA agreement between Canada, the USA and Mexico, Canada is often used by many immigrants as backdoor entry point into the USA.
  4. Canada has some of the best and oldest universities and colleges in the world. The tuition fees charged by these top class institutions are quite reasonable when compared to similarly ranked institutions in the USA. This is due to the fact that educational institutes in Canada are funded by the government and most of them still operate as nonprofit organizations.
  5. Canada offers its citizens and residents a free universal health care plan. Its health care system is advanced and well-equipped.
  6. Due to free medical care, affordable education and housing, most Canadian cities offer a high quality of life coupled with a comparatively low cost of living.
  7. Canada is a world leader in many sectors such as forestry, fisheries, hydropower, aerospace, mining and natural gas. Recently large diamond deposits have also been discovered. Canada has the largest number of fresh water lakes in the world and fresh water is one of its biggest natural resources.
  1. Why does Canada attract so many immigrants from around the world?

Ans: To maintain its population and ensure consistent economic growth, Canada has devised an open and welcoming immigration policy. In general, it can be said that Canada aims to attract 1% of its population every year under different immigration programs. This is not only true for Canada, but also most western countries who wish to attract selected type and number of immigrants to their countries for various reasons. What we are witnessing today is a period of highest selective and elective migration that humankind has ever seen.

  1. How are the financial markets doing in Canada?

Let us first talk about the history of the Canadian stock market. Canada has three major stock exchanges – Montreal, Vancouver and Toronto. The most popular and well-known is the Toronto Stock Exchange. (TSX)

The Toronto Stock Exchange is based in Toronto which is the capital of the province of Ontario. TSX is the ninth largest exchange in the world by market capitalization. The exchange was started in 1850s.

This exchange operates from EY Tower in Toronto’s financial district.

The TSX is a wholly owned subsidiary of the TMX Group for the trading of senior equities. A broad range of businesses from Canada and abroad are represented on the exchange.

As I had mentioned in my previous article on the USA, a general perception is that stock market movements reflect the economy of a country. But nothing can be farther from the truth. In fact, stock market movements are dependent on the loss and gain on investment made by investors in the stock market.

After the onset of the COVID-19 pandemic, a rise in Canadian stock markets surprised many. The COVID-19 crisis has hit businesses of all kinds and sizes. However, SMEs do not trade on stock markets and they are the ones which are most affected. Companies that are on the stock market are doing reasonably well in Canada.

Tech companies in particular are doing very well. This is what is reflected in the market. In case of certain sectors, the COVID-19 situation has shown that bigger the problem, greater are the opportunities. In the present circumstances, tech companies are enjoying unbelievable growth as the physical world is gradually morphing into a digital and virtual one.

Furthermore, the Canadian economy was boosted by lower mortgage rates and stimulus packages introduced by the government to counteract the effects of the pandemic. This is what is reflected in the technology sector of the Canadian stock market which has shown a gain of almost 25%.

On the other hand, mutual funds (MF) and exchange traded funds (ETF) of certain sectors are not doing well. Investors have pulled out their investments from these products and reinvested the amount in tech companies.

  1. How is the real estate market in Canada?

Ans: There are more than 300,000 immigrants coming to Canada each year. Because of low mortgage rates, the Canadian real estate market is doing extremely well. It must also be noted that this market is well regulated and well managed, cutting the risk of extreme highs and extreme lows substantially.

The real estate markets of Vancouver and Toronto are doing exceptionally well, so much so that the municipalities of these two cities have introduced an additional 15% tax for foreign investors who wish to purchase real estate in these two metro cities. This is essentially to protect the interests of locals who can buy the same real estate at a cheaper price.

COVID-19 has had no significant effect on the housing real estate market in Canada but a noticeable shift has been seen in the commercial and industrial sectors. Tenants and occupants of these real estates are now asking for additional services (upgraded and more secure facilities) from building owners.

Some of the ideal opportunities to invest in real estate in Canada are student housing facilities around university campuses and senior citizen facilities (old age homes). These two types of housing facilities are doing extremely well in terms of rental income and property appreciation.

As per the Housing Association of Canada data published on 15th September, 2020, “home sales recorded over the Canadian MLS® Systems increased a further 6.2% in August 2020, raising them to another new all-time monthly record.

Unlike the previous two months in which activity was up right across the country, sales in August were up in about 60% of local markets. Gains were led by the Greater Toronto Area (GTA) and British Columbia’s Lower Mainland. With on-going supply shortages in so many parts of Canada, it is interesting to note that the GTA and Lower Mainland also saw a considerable amount of new supply become available in August.

Actual (not seasonally adjusted) sales activity posted a 33.5% y-o-y gain in August. It was a new record for the month of August, and the sixth-highest monthly sales figure of any month on record. Transactions were up compared to last August in almost all Canadian housing markets.”

  1. What are the opportunities for Indian multinationals and public limited companies in Canada?

Ans: Canada has always remained in the shadow of its more illustrious neighbor, the United States of America, and has always been considered as the second best option after the USA. Indian multinational companies and other big players have not yet taken advantage of the Canadian economic policies as much as they should have in order to enter the North American market.

A classic example of this is the information technology (IT) sector. Indian IT companies have entered the Canadian market pretty late as compared to their entry in the U.S. market.

 

Rather than using Canada as a base to serve American companies, the strategy used by Indian IT companies was exactly the opposite. They made USA a base to serve their Canadian clients. Most Indian IT companies are interested in manpower supply which was allowed in the USA but not in Canada under the existing visa rules. Hence Indian IT companies ignored Canada for a while and set up shop in the USA.

Indian IT companies could have established a base in Canada and served North American companies with much lower operating costs than the USA, but it was not to be.  Similarly, other Indian companies can use Canada as a base to serve the North American market under the North American Free Trade Agreement (NAFTA).

Though bilateral trade between Canada and India started many years ago with the Team Canada Mission in 1995 headed by the then Prime Minister of Canada, Honorable  Mr. Jean Chretien, India has still not established great trade links with Canada and vice versa.

  1. How can Indian SMEs enter into and conduct business in Canadian markets?

Ans: It is a fact that SMEs, unlike multinational companies, prefer to do business by themselves rather than appointing country managers and CEOs. In this situation we need to look closely at the business immigration rules of Canada.

Canadian states are known as provinces and there are 10 provinces and three territories in Canada. The Federal (Central) government of Canada and each of these provinces have their own business immigration programs to welcome SMEs of the world to Canada.

It is not possible to discuss all these programs here but suffice it to say that these programs are designed in a way to meet the economic and social needs of the country as a whole and the particular province in question.

In general if one meets the following requirements, there is a fairly good possibility of obtaining the necessary visa to do business in Canada.

These requirements are:

  1. Applicant must have net assets $500,000 CD and above (2.5 crores INR) in India in his/her name, including spouse’s assets. Family assets belonging to parents and siblings (in their name) are not acceptable.
  2. Applicant must have 2-3 years of business or managerial experience in a large corporation.
  • Applicant must be involved in a profit making business on a full time basis for at least 2 years.
  1. Applicant’s education level must be 12th grade pass and above.
  2. Applicant must have working knowledge of the English language.
  3. Applicant must undertake or should have undertaken a business exploratory trip to Canada.
  • Applicant must have the intention to start a business in Canada by purchasing an existing business or a franchise business or start a business in partnership with someone with a minimum investment of $200,000 CD or more in a rural area.
  • Applicant must prepare a detailed business plan of doing business in Canada and this should be related to his/her past business experience outside of Canada.

It goes without saying that one needs to provide extensive paper work to meet the above requirements.

  1. These requirements don’t seem very stringent. Then how come Indian SMEs are NOT taking advantage of these programs?

Ans: Indians SMEs are not taking advantage of these programs as one might expect to and there are several reasons why. Some of which include:

  1. Entering into a family business is inherently cultural to many Indian business communities. Such businesses do not operate with a business plan, and most often than not, are self-sustaining and do not need professional help. Hence, most SMEs do not have the necessary documents, paperwork and business plan that are needed apply for Canadian business visa.
  2. Most Indian business persons are not big risk takers, especially when it comes to getting out of their comfort zones. We cannot generalize but what I have observed is that established business persons are less of risk takers than novice ones who are ready to take a leap of faith. When we talk of successful business persons in countries like the USA and the U.K., we must remember that these individuals went to these countries as workers/sponsored family members and slowly worked their way up to establish themselves as successful entrepreneurs.
  • Rather than approaching qualified lawyers and related professionals to assist in entering the Canadian market, most Indian business persons prefer to consult an array of agents and consultants. Google search and the University of Whatsapp have become universal sources of information. Friends and relatives in Canada often become misplaced sources of guidance. Due to this (mis)information overload, Indian business persons often find themselves in a state of confusion regarding the true state of affairs.
  1. Many Indian SMEs wish to start/purchase a business in Canada that is very different from the one they have actual experience in operating and managing in India.
  2. There is a certain cost involved in the process as per international standards and many Indian SMEs are unwilling to pay for these costs.
  3. There are very few experienced and qualified lawyers in India who can advise and assist Indian SMEs to go global. The Indian market is dominated by unregulated professionals who give conflicting information, further complicating the matter.

During my two and a half decades of practice, I have observed that unlike Indian SMEs, SMEs of many Asian countries are taking full advantage of the aforementioned Canadian business programs and establishing their presence in Canada. Physical presence and know-how of doing business in Canada give a head start to these SMEs as compared to their Indian counterparts, especially in the field of import and export.

  1. What are the opportunities for start-ups in Canada?

Ans: There are tremendous opportunities for Indian start-ups who wish to enter the North American market. Canada is the first country in the world to introduce the Start-up Visa Program to welcome start-ups from all over the world.

The criteria to qualify under this program are very easy to fulfill.

A brilliant idea in any sector which can have commercial applications for Canada, the USA or the world and which is accepted by a Canadian government approved incubation center or angel investor or VC is the primary requirement.

English language requirement is also very achievable – minimum 5 bands in IELTS exam.

Up to five founders can apply under the same start-up idea.

If Indian start-ups need assistance, there is professional help available from Canada.

Following Canada’s example, 22 other countries in the world have introduced a start-up visa program to attract start-ups from the world over. Indian start-ups must definitely take advantage of these programs because there is no dearth of talent and ideas in the country.

Unfortunately, even many IT associations and VC associations in India are not aware of these Start-Up Visa Programs.

  1. Why should Indian investors invest in Canadian financial markets or real estate or even consider immigrating under Canada’s business immigration programs?

Ans: Why not, I ask? There are a number of reasons why Indian investors must seriously consider Canada as a potential investment destination.

  1. If as a parent you want your child to study in Canada, the first option I would advise you would be to consider immigration under Canada’s business immigration programs. This is because once you and your family become Canadian residents, your child will be entitled to free education until grade 12 and his/her post-secondary and university education fees will be reduced by 80%. As a resident of Canada, your child will have less difficulty in finding suitable employment during and after completing his/her education as compared to international students.
  2. In the event you are unable to take up residency of Canada for whatever reasons, your children can still study and stay in Canada. However, the cost of living and education has to be paid in Canadian dollars. Hence it will be prudent to invest in Canadian stock market or real estate and park your money in advance in Canada at lower exchange rates and reduce the currency fluctuation risk. In other words, you are doing personal hedging of dollars for your child’s education.
  • Investing in Canada also helps to reduce currency and political risk by diversifying the portfolio.
  1. Investing and saving in Canada may also assist your child in obtaining a student visa to Canada (if you do not want to opt for residency).

                    

  1. For studying in Canada, what are some important things we should know and keep in mind as parents and students?

Ans:  These are some of the important points to keep in mind:

  1. Plan early if you wish to send your child to Canada for higher education. Most parents start seeking advice after their children have passed 12th grade or after they have completed their Bachelor’s degree. This limits their options and choices.
  2. Post-Graduate Diploma (PGD….) is not equivalent to a Master’s degree program. It is a 2 or 3 year program, usually offered after a high school diploma (grade 12). It more or less like a Diploma program in India which can be undertaken after passing grade 10 or 12.
  • Understand the education system of Canada before applying for any particular program or at any particular education institution.
  1. After study in Canada, employment and residency are not automatic. There is a process to follow.
  2. There are number of other options available in Canada for study and / or settlement.
December 24, 2020
December 24, 2020

How and Why should Indian HNIs Invest in the USA?

Author By Ajmera Law Group Categories Global Financial Markets, USA

Insightful tips for parents wanting to send their children to study in the U.S. | obtain USA green card and eventual citizenship 

Introduction:

The economic policy of India has been progressive since 1993 for inbound investment, and from 2007 onwards for outbound investment and remittance. As for outbound investment, the first wave of investment was by Indian multinationals who had the financial means and resources to invest outside of India.

The introduction of the Liberalized Remittance Scheme (LRS) generated opportunity and facilitated the entry of Indian SMEs into the outbound investment arena. This was the second wave of investors.

What we are witnessing in recent times is the third wave of investors comprising of Indian HNIs and UNHIs who are investing outside of India. As per the Reserve Bank of India (RBI), this investment/remittance amount was $19 billion US last year alone.

It is obvious that Indian multinationals are well served by top Indian and global professionals due to the size of the deal and investment made.

However, when it comes to Indian SMEs, Start-Ups and HNIs, professional help may not always be forthcoming and if available, may not be erudite. Investing outside of one’s country requires in-depth knowledge not only of the laws, rules and regulations governing such investments, but also the economic and financial climate of the destination of the investment and the various investment opportunities this destination has to offer.

It is with this objective that we are starting this monthly “How and Why to invest in ….” series, wherein we will be taking a closer look at the different investment destinations around the world.

We start this month with one of the most favored investment destinations for Indians – The United States of America.

  1. Why do Indian HNIs regard the USA as a favoured investment destination?

ANS:  USA is unquestionably the largest economy in the world. The U.S. has retained its position of being the world’s largest economy since 1871. The size of the U.S. economy was at $20.58 trillion in 2018 in nominal terms and is expected to reach $22.32 trillion in 2020.

The U.S. is often dubbed as an economic superpower and that’s because the economy constitutes almost a quarter of the global economy, backed by advanced infrastructure, technology, and an abundance of natural resources.

The second reason why the U.S. is an economic powerhouse is because a majority of consumer brands created in the USA are household names globally. This makes people to look at the USA more favourably than other countries. The notion of the “American Dream’ and “Rags to Riches” stories of many of its wealthy citizens is also a great crowd puller.

The third most important aspect is the American education system. American universities and colleges attract the largest number of students from all over the world. As an after-effect, many parents of these students and business persons follow their children to make investments in the USA.

I believe this is what makes the USA a very desirable and favourable destination for Indian HNI parents and businesspersons for investment purposes as compared to other countries.

  1. In what type of asset classes can one invest in the USA?

ANS: USA is a free economy and one can make investment in all types of asset classes and businesses as long as it does not constitute an illegal activity. One question I am often asked is if Indians can purchase agricultural land in the USA. The simple answer is, “YES”. Foreigners can certainly purchase agricultural land in the USA.

 

One important note: When investing in the USA, one needs to consider the Indian legal perspective too; the types of assets Indian citizens are allowed to invest in, as well as the U.S. laws governing these investments.

 

For example, if an Indian citizen decides to invest in a U.S. Green Card under the EB-5 category, he/she needs to follow Indian laws regarding remittance of money and the U.S. immigration laws which govern this type of investment.

 For ease of understanding, we can broadly divide investments in the USA in four different categories:

  • Financial markets and related products
  • Real estate – All types
  • Business and Start-up
  • Second passport
  1. What are the applicable laws for Indian citizens who wish to invest in U.S. financial markets?

ANS: The RBI is responsible for regulating the outbound investment/remittance of funds by Indian citizens. The provision is made in the Foreign Exchange Management Act (FEMA) and regulations are made therein. There are two available options:

  • Indian businesses having a company or partnership firm can invest up to 400% of the net assets of the Indian company for making an investment outside of India in a Joint Venture company (JV) or a Wholly Owned Subsidiary (WOS) without RBI permission under the automatic route. However, there are many terms and conditions attached and one must look closely at this provision, or better still, seek appropriate legal counsel.
  • An Indian citizen can remit/invest up to $250,000 US in a variety of assets outside of India under the LRS scheme. The permissible capital account transactions by an individual under the LRS are:
  1. Opening of foreign currency account abroad with a bank
  2. Purchase of property abroad
  3. Making investments abroad – acquisition and holding shares of both listed and unlisted overseas company or debt instruments
  4. Acquisition of qualification shares of an overseas company for holding the post of Director
  5. Acquisition of shares of a foreign company towards professional services rendered or in lieu of Director’s remuneration
  6. Investment in units of Mutual Funds
  7. Venture Capital Funds
  8. Unrated debt securities
  9. Promissory notes
  10. Setting up Wholly Owned Subsidiaries and Joint Ventures
  11. How can one invest in U.S. financial markets?

ANS: There are a number of ways by which Indian citizens can make an investment in U.S. financial markets. Let me explain in brief:

  • An Indian financial institute is providing some products to make an investment in the USA. Preferred for investments of $200,000 US and above.
  • One may approach a U.S. licensed broker or financial advisor or portfolio manager and make an investment. Preferred for investments of $100,000 US and above.
  • There are now online platforms (FinTech start-up) and American sub-brokers who have started arriving in the Indian market. They can assist in making investments in the USA with several facilities. Preferred for investors with smaller ticket size of $1000 US and above.
  • There are platforms available where one can make Systematic Investment Plan (SIP) investment in global products with ticket size of only $200 US (similar to the Indian mutual fund market).
  • There are also multi–stock market platforms available which can offer access to 50+ stock markets around the world from a single account. Suitable for ticket size of $500 US and above. However, the investor needs to perform his/her own transaction. A demo version is available to get acquainted with the platform. This is suitable for savvy investors who wish to save on brokerage. It is also recommended for Indian stock exchange brokers who can have a white label of this platform and offer their clients access to more than 50 stock markets globally right here in India.
  1. How is the U.S. financial market likely to fare post COVID-19?

ANS: As the COVID-19 outbreak gripped the entire world in March 2020, stock market prices plunged globally. Then, in a move that seemed irrational to some observers, the markets bounced back.

As per a leading economist, “Markets decline when there’s unexpectedly bad news and rise when there’s unexpectedly good news”.

Nevertheless, when we analyze the market sector wise, we see that certain sectors such as hospitality and travel are not doing very well and their stock prices are going down. On the other hand, tech companies are doing very well.

The dominance of major U.S. Tech Stocks in recent years has pushed the sector past another milestone as it is now valued at more than $9.1 trillion US, which is more than the entire European stock market, according to Bank of America global research.

In today’s complex economy, this once again confirms the view that stock markets are not the best indicators of a country’s economy. Therefore when it comes to investing in stock markets, one should look closely at individual sectors, individual companies and the factors that affect stock prices, rather than just looking at the overall market performance and indices.

  1. What is FATCA and how is it applicable to investments made in the USA?

ANS:  The Foreign Account Tax Compliance Act (FATCA) is part of a broad initiative by the United States to combat offshore tax evasion by U.S. taxpayers. The goal of the law is not to increase revenues for the U.S. Treasury, but rather to collect information on U.S. taxpayers that invest in foreign financial institutions and foreign entities.

FATCA requires a U.S. withholding agent (generally defined as any U.S. party that is making a payment of interest, dividends, certain capital gains, etc.) to withhold 30% of a payment made to certain foreign entities.

Thus FATCA is more of a reporting requirement of the U.S. government. Thus if you invest in the USA, you will be required to file tax returns. When you sell your assets, there may be a withholding tax which may be claimed back by declaring a U.S. non-resident tax status or adjust against tax liability in India.

 What are the opportunities for Indian stockbrokers in the USA?

ANS: There is a tremendous opportunity for Indian stock brokers in the USA and other financial markets of the world. Unfortunately, the Indian financial industry focuses on only one aspect of the economy, which is inbound investment.

Due to advances in technology, it is now possible to access not one but several stock markets of the world right from the comfort of your home or office with just a click. With some effort and will, it is easy to enter into these markets.

Just imagine – more than $19 billion US were remitted/invested by Indians outside of India with negligible advisory services from the Indian financial market and professionals.

If professionals associated with or working for the Indian financial markets take due interest and understand the importance of overriding the political and currency risk by investing in more than one country and in more than one currency, I have no doubt that this market can grow many folds.

I am more than confident that in a few years Indian investors will consider foreign investment as a mandatory part of their investment portfolio.

Indian stock brokers will benefit greatly by expanding their worldview and urging their clients to invest in markets outside of India. Proper understanding and knowledge of how this can be done is the need of the hour.

  1. How is the U.S. real estate market at present?

ANS: Just like the financial market, the U.S. real estate market is the backbone of the U.S. economy.

After six years of strong house price growth, the U.S. housing market is cooling. The S&P/Case-Shiller seasonally-adjusted national home price index rose by just 3.13% during the year to Q2 2019 (1.46% inflation-adjusted) – the lowest growth since Q3 2012. House prices increased 2.29% during the latest quarter (1.52% inflation-adjusted), according to S&P/Case-Shiller.

Despite this, 19 of the 20 major U.S. cities continued to experience moderate to minimal house price hikes, according to Standard and Poor’s.

The post COVID period has created some very good opportunities for repossessed properties.

At the same time, one must note that the USA is a country that attracts one of the largest foreign investment into real estate in the world. Foreign investment in U.S. real estate was almost $74 billion US in 2019. The three most popular states for foreign real estate investment in the USA are – New York and Florida on the east coast and California on the west coast.

 How can one invest in U.S. real estate?

ANS: The RBI allows Indian citizens to make investments in foreign real estate. One can directly contact a real estate agent or developer in the USA and make an investment. There are many real estate agents and developers who come to India regularly to solicit investment in their projects.

The U.S. real estate market is highly regulated when it comes to selling and buying real estate but one still needs to be careful and seek professional help. One more important point that investors must note is that in the residential sector, only licensed real estate agents can assist in buying and selling real estate in the USA.

Abundant data is available on the internet pertaining to the U.S. real estate market. It is therefore very easy to obtain a lot of information online regarding the property under consideration.

  1. How can one decide which real estate to invest in?

ANS: USA is a very big market. Hence investors need to do their homework well. Deciding which state and city to invest in, how much to invest and personal preferences (house, condo, row house, downtown, suburbs) is generally influenced by the presence of family and friends in the USA.

A budget of $300,000 US can allow an investor to buy real estate in many states of the USA and it is a good starting point.

  1. Is it possible to obtain a mortgage for investing in real estate in the USA?

ANS: Yes, it is possible to obtain a mortgage for purchasing real estate in the USA from selected brokers who specialize in mortgages for foreign investors.

  1. How can one establish a business in the USA?

ANS: When it comes to establishing a business in the USA, there are two aspects to consider:

  • Do you want your company to have a presence in the U.S. and hire local workforce?

In this case, a company, with only one director, can be registered in any state in the USA within four weeks. One can also obtain all types of tax ids and numbers.

Opening a bank account may require physical presence in the USA. This can allow you to perform business transactions and conduct business with U.S. companies. Understandably, one needs to follow annual company compliance and income tax filing.

  • Do you want your company to have a presence in the U.S. and send workforce from India?

In this case, one needs to consider the U.S. immigration and visa rules. There are five types of visa categories can be covered under such a scenario –

  1. L-1A Visa – The L-1A nonimmigrant classification enables a U.S. employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the United States.
  2. L-1B Visa – The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
  3. EB-1 (c) – Certain managers or executives of multinational companies, who have been employed outside the United States for at least 1 year in the past 3 years preceding the petition can apply under this category. This category is known as ‘Transfer under the Mergers & Acquisitions’.
  4. E-2 Visa – The E-2 nonimmigrant classification allows a national of ‘Treaty Countries’ (Canada, Grenada, Turkey, and such other 60+ countries) to be admitted to the United States when investing a substantial amount of capital in a U.S. business.
  5. EB-5 Visa – The standard minimum investment amount has increased to $1.8 million US (from $1 million US) and, for the Targeted Employment Area (TEA), it has increased to $900,000 US (from $500,000 US) to account for inflation. The business also needs to create 10 jobs for Americans.

Each of these categories is very complex and needs extensive documentation, business plan and, in many cases, an elaborate explanation of the source of funds. Professional help and guidance is highly recommended and desirable when applying under any of these categories to ensure best results.

  1. One last question. Many of our members want their children to study in the USA. How can they plan for their children’s education the USA?

ANS: In general, when Indian students go to the U.S. for studies, they apply for a U.S. Green Card under one of the three following visa classes – EB1, EB2 and EB3.

There is a quota of 40,000 Green Cards per year in each category, with a total of 120,000 Green Cards to be issued.

When this quota was introduced, there were a limited number of foreign students applying for a U.S. Green Card. However, in recent times more and more foreign students are coming to study in the USA from all over the world and are applying for a U.S. Green Card after completing their studies. Thus the number of petitions have increased but the quota has remained the same since the last thirty years.

Due to an unprecedented increase in this number, the waiting time for a Green Card in October 2020 is almost 12 years. If one counts the period of study and H1 work visa period, the total period is almost 20 years to obtain a U.S. Green Card.

Indian students, and parents who wish that their children settle in the USA, need new strategies and proper planning if this dream has to come to fruition.

They must bear in mind the following points:

  1. Plan early and look in to the possibility of Residency by Investment. If that is not possible or feasible, look into the possibility of saving money for your child’s foreign education by investing outside India in financial markets or real estate to avoid currency fluctuation risk and the rising cost of foreign study.
  2. Parents and students must also realize that doing a Post Graduate Diploma (PGD..) in the U.S. is not equivalent to obtaining a Master’s degree.
  3. It is always preferable to study in a recognized university and not a college or private institute.
  4. In 2020, parents and students must not assume that studying abroad will guarantee job placement and future immigration.
September 13, 2020
September 13, 2020

HOW AND WHY SHOULD INDIAN HNIs INVEST GLOBALLY?

Author By Ajmera Law Group Categories Global Financial Markets, Global Investing How & why?, Headlines
  1. What is a global investment?

Global or international investing means investing in different global investment instruments so that one’s financial portfolio becomes geographically diversified. This international investment not only diversifies the portfolio but also helps to spread the investment risk among various foreign markets and companies thereby ensuring the security and long term safety of the investment.

  1. What is Indian government’s policy on investing globally?

As per the Reserve Bank of India (RBI), Indian government has opened up doors for investing and remitting abroad as it believes that joint ventures abroad promote economic co-operation between India and the host countries. Since globalization of trade is a two-way process, integration of the Indian economy with the rest of the world with all its attendant benefits is achieved through overseas investment. It is the reverse of Foreign Direct Investment (FDI) and can be termed as Indian Direct Investment abroad.

Thanks to a liberalized economic policy from 1992 onwards and huge foreign investments by Foreign Institutional Investors (FIIs) and Non Resident Indians (NRIs), India’s foreign exchange reserve now stands at several billion dollars.

This huge fund has permitted the Reserve Bank of India to implement a much liberalized foreign exchange policy. In 2004, RBI allowed an Indian citizen to invest $25,000 US abroad. Over the years, this amount has been increasing steadily and as of today, $250,000 US per year per individual can be remitted/invested outside of India. This scheme is popularly known as Liberalized Remittance Scheme or LRS.

Indian HNIs can certainly benefit from this policy changes. Unfortunately, due to lack of knowledge and awareness regarding investing globally, a negligible number of Indian investors have taken advantage of the LRS.

  1. What are the types of assets that Indian HNIs can invest in outside of India?

In general, Indian citizenscan invest in equity shares, debt instruments, foreign portfolio, real estate, life insurance premium (except term insurance) including opening of foreign account abroad for investment. The payment can also be remitted to close relative(s) as a gift or for purpose of family maintenance. Detailed information is available on official RBI website.

  1. Since the start of LRS, how much fund has been remitted/invested by Indian HNIs abroad?

According to the RBI, the Indian remittance has increased from $72 million US in 2007-08 to $19 billion US in 2019-20. In just over a decade, we are witnessing a huge change in the spending power and spending pattern of Indian HNIs.

  1. If Indian investors have remitted/invested $19 billion US in the last year, do you think Indian HNIs are savvy enough when it comes to foreign investments?

Economic liberalization, economic boom and the aforementioned LRS has resulted in the remittance of more than $19 billion US outside of India last year alone.

However, when we examine this data more closely, we find that a major portion of this remittance by Indian HNIs is expenditure and a very small portion of the money has been actually invested. Here is the RBI data for Indian outbound remittance in 2019-20 (in million US$)

  • (i) Deposits – 623.37
  • (ii) Purchase of immovable property – 86.43
  • (iii) Debt/equity – 431.41
  • (iv) Gift – 1904.53
  • (v) Donations – 22.32
  • (vi) Travel – 6954.20
  • (vii) Maintenance of close relatives – 3437.46
  • Medical expenses –33.88
  • (ix) Studies abroad – 4989.04
  • (x) Others –268.74

We can easily infer from the above data that the spending habits of Indian HNIs have seen a significant shift from domestic to international.

However, though Indian HNIs spend a substantial amount of their wealth abroad, their investing and saving habits have not changed and are still largely concentrated in the domestic domain. If this trend does not change, it can eventually result in financial distress for Indian HNIs who continue to spend abroad but do not invest abroad.

  1. Why do you say there could be financial distress for Indian HNIs?

Let’s take a simple example. 5 crore INR was equivalent to 1 million US$ in 2008. However, at the present time, this 5 crore INR is equivalent to 635,000 US$. This is due to the fact that the US dollar has been growing stronger year after year. Its exchange value increased from Rs. 49 in 2008 to Rs. 76 in 2020.

So when Indian HNIs continue to invest in India but spend a substantial amount of their money abroad, they are not getting the full value for their domestic investment, eventually decreasing their net worth and spending power. If the same amount is invested abroad, then the spending is balanced out because currency is not devalued as you are spending in the same currency.

Let’s take another example of an Indian HNI who invests in stocks and shares in India. He may be earning really well in India but Dollex 30 Chart of the Indian stock market shows that in the last 12 years, investing in shares has not given any substantial return to the Indian investors in terms of the US dollar. So if this HNI wants to go abroad for a vacation, send his children abroad for higher studies or spend on foreign luxury items, the investments he has made in India must give higher returns to balance out the currency risk/fluctuation.

  1. What is the top foreign spend for Indian HNIs?

Careful analysis of the remittance data gives us an insight as to how Indian HNIs are spending their wealth abroad. As can be clearly seen, spending for children’s foreign education is on top of the list for Indian HNIs.

  1. In what type of asset classes can one invest outside of India?

There are primarily four options available. They are:

  1. The first option is investing in foreign stock markets and diversifying your portfolio globally. Due to recent advancements in technology, there are several platforms available whereby Indian investors can invest in stocks, debts and other instruments of more than 50 different stock markets of the world from a single account on any device. However, the lack of knowledge of foreign stock markets makes it difficult for Indian brokers and investors to venture into it.
  2. The second option is an investment in global real estate. Even though Indian investors prefer investing in real estate as compared to other asset classes, this investment in international real estate is limited to countries in the Middle East and Far East such as Thailand. However, there are excellent opportunities available for real estate investment in countries such as USA, Canada, UK, Australia, New Zealand and many European countries.

    In many of these countries, the real estate market is booming so much that the government has restricted foreign investors from making investments in real estate or implemented additional welcome tax for foreign investors. In some countries, it is the buyer who has to pay all the transaction expenses and brokerage.

3. The third option is expansion of business. Not only big corporations and multi-nationals, now even Indian SMEs and exporters can invest out of India and expand their business by establishing their presence in international markets.

4. The fourth option is to invest in a second passport by way of Residency & Citizenship by Investment (RCI) programs. These RCI programs are being offered by more than 30 countries in the world. Investing in a second passport should not be perceived as abandoning your country but be seen as an opportunity to achieve many financial as well as non-financial benefits such as NRI status, visa-free travel, quality of life, expansion of business, portfolio diversification and retirement abroad.

The most important benefit that Indian parents can reap by investing in a second passport is the reduction in their child’s foreign university education fees by almost 80%.

  1. How can investing outside of India be beneficial to Indians, Indian companies and the Indian economy?

The liberalization of the Indian economy began in 1993-94. At that time the object was on attracting foreign investments to India and that policy continues till date. Over the years the strength of the Indian economy grew and the Indian government started focusing on creating bilateral trade between India and the rest of the world. The government wanted to create a bigger customer base for Indian companies and to that end, the Government of India has implemented certain regulations and policies from 2007 onwards to encourage greater outbound investments by Indian companies and individual Indian citizens.

These policies were created by the Indian government with a long term vision to not only encourage Indian multinational companies to make investments outside of India but also strengthen the Indian economy by assisting individuals and Indian SMEs to venture outside their comfort zone and promote India’s interests overseas.

One may ask how Indian HNIs and businesspersons can benefit from all this? The answer is simple. The world is increasingly becoming a global village and investing outside of India is a powerful tool that can be used by Indian HNIs and businesspersons not only for their personal advantage but also to contribute positively to the Indian economy by promoting bilateral trade. More NRI businesspersons mean more bilateral trade and increased remittance of foreign currency and business back into India.

Foreign investment can also be a highly effective and dependable strategy for Indian HNIs to assert their presence in the global business market. India is perhaps one of the last developing economies in the world where venturing outside of the country to conduct business has yet to become a way of doing business. Yes, there are businesspersons who have taken that risk but their percentage is very low as compared to our population and potential.

In 2020, investing abroad can be equated to creating a second option for your family and expanding your business interests. If we look at countries such as China, Taiwan, Vietnam and Korea, the businesspersons and HNIs of these countries have made personal as well as business investments in other countries, thus providing their families and future generations with a second option along with economic growth. It’s high time that Indian businesspersons and HNIs also start thinking in a similar manner.

  1. The Indian real estate and the stock market are booming right now and very soon India is likely to be a favorite destination for foreign companies. In such a scenario, why should Indian HNIs consider investing outside of India?

‘Do not put all eggs in one basket’.This old saying has been proven true time and again especially with reference to national and international economic markets. In most cases, investors have failed to understand this old saying and have lost money heavily by investing it in just one type of market.

Every investor must consider four types of risk to their investments. These are – political risk, interest rate risk, currency exchange rate risk and most importantly, in the case of Indian HNIs, new spending habits.

There is no exact mix one can work out for investing abroad but traditionally, one can take ratio of 70% local market and 30 % foreign market.

 Do not be tempted to put too many eggs in one basket, no matter how attractive and convincing it may seem. As the Indian government now allows investments abroad, it is time that Indian businesspersons look closely at new avenues of investing outside of India and diversifying their portfolios.

A few years back, investing in mutual funds was frowned upon but now we say, ‘Mutual Funds SahiHai!’

Similarly, in the next few years, Indian investors will say,

‘Foreign Investment Zaroori Hai!’

July 22, 2019
July 22, 2019

Indian Outbound Investment Up 10x in Six Years – The Opportunity for RCBI-Firms is Unmistakeable

Author By Ajmera Law Group Categories Indian Regulatory Updates, USA, World

Since independence in 1947, the Indian economic era can be divided into three main periods:

  1. 1947 to 1993
  2. 1993 to 2007
  3. 2007 to the present day.

The first period is most accurately described as pre-liberalized – a time when pre-liberalisation of the economic policies was taking place in India.

We may regard the second period as the start of economic liberalization– this is the time when inbound investments in India began in earnest.

The third period, in which we currently find ourselves, is the period of optimum economic liberalization – a time when inbound and outbound investments to and from India are in full swing.

The wave of economic liberalization seen in the past few years has catalyzed growth in the number of HNWIs in India. Wealth generation is at its peak, lifestyles, standards of living, travel, education, weddings, savings, retirement, and many other important aspects of life have changed drastically since 2007.

One metric by which we can measure this is the change in India’s HNWI population during the period:

As the above figures from the Knight Frank Wealth Report indicate, the number of HNWIs in India is growing exponentially. Financial advisors, RCBI-professionals, and others who deal with HNWI clients need to adapt and get with the times.

Before the year 2007, most Indians were aspiring just to own a home. But now, they not only want a house with four walls but are looking for a fully furnished, luxurious home. Some years ago, a two-wheeler Bajaj, Fiat, or Ambassador car was the pride of a family. Now, owning two to three cars and a holiday home or farmhouse outside the city is very common.

This is how I would compare the financial aspirations of an Indian businessperson a decade ago and at present:

Before 2007: 

  • Own a two-wheeler or a car
  • Have a portfolio of investments (in India)
  • Go on holidays (in India)
  • Give their children an education in India and perhaps a Master’s degree in a foreign university
  • Own a second home (in India)
  • Get married (in India)
  • Engage in inbound business (in India)

After 2007:

  • Own a luxurious home
  • Own two cars
  • Have a portfolio of investments abroad
  • Go on international holidays
  • Give their children an education abroad, starting from the graduation of high school in India
  • Own a second home abroad
  • Get married, abroad
  • Engage in outbound business, globally

Today, many HNWIs and upper-middle-class Indians own a second home outside India, their children are studying in foreign universities, and they spend at least one vacation abroad each year, all thanks to the booming economy and the concomitant increased spending power.

Foreign destination weddings are catching on and now the new generation of power couples want to have grand, elaborate weddings in exotic locales. In their golden years, senior citizens dream of retiring outside India or living in foreign countries with their children so as to enjoy a better quality of life.

According to data received from the Reserve Bank of India, over the last six years shows the volume of remittances sent abroad by individual Indians has increased ten-fold.

This is not some haphazard newspaper survey; again, these foreign investment figures come directly from the country’s central bank, which closely monitors capital flows to and from India. It provides unique insight into how Indian HNWIs are spending their money. The overall figure for outbound investment has increased from US$440 million US in 2007-08 to US$13.5 billion in 2017-18. In the last six years alone, we’ve witnessed a ten-fold rise in the spending power of Indian HNWIs.

Note also that a large part of the items “Gifts” and “Maintenance of close relatives” is made up of remittances by parents to their children who are studying abroad, while their tuition payments are covered in “Studies Abroad”.

Looking at the data, it’s apparent that RCBI is quickly becoming part of affluent Indians’ considerations in their foreign investment strategy.  The chance to market investment migration services to more than a billion people is a twice-in-a-lifetime opportunity. The first of those opportunities has already passed us by. Don’t miss out on the second chance, for there will never, ever, be a third.

Investment Migration
April 15, 2019
April 15, 2019

10 Reasons Indian HNWIs Have Been Slow to Embrace Investment Migration

Author By Ajmera Law Group Categories Residency & Citizenship by Investment and Indian market

On the surface, India’s market for investment migration has the same fundamental conditions as China; a population of some 1.3 billion, a passport with limited mobility, a large number of HNWIs, and plenty of push factors like pollution, restrictions on individual liberty, and lack of educational opportunities. But look closer, and you’ll find that India has many more obstacles – mainly cultural – that have prevented the investment migration market from flourishing to the same degree that it has in China.

We’ll look at each of these limiting factors in turn but, first, some background.

Read also: Basic Dos and Don’ts for Entering the Indian Investment Migration Market – By Prashant Ajmera

A brief history of Indian emigration

Migration from India to other countries around the world started in earnest more than 100 years ago. Back then, the migrants were mostly laborers recruited to work on sugar plantations in the Caribbean islands and Mauritius, railroads in Canada, and as industrial and domestic workers in South Africa, Malaysia, and Indonesia. During this period, only people with meager means thought of migrating abroad in order to sustain their families.

After India’s independence from British rule in 1947, however, this labor migration decreased dramatically. The post-independence period saw Indians leaving the country for a very different reason; that of obtaining higher education and, thereafter, settling abroad. During this period, foreign migration became a symbol of social status, and obtaining a foreign education and living abroad become aspirations that most Indians nurtured but which very few of them could afford.

The most favored destinations were the USA and the UK. Qualified Indians pursued higher studies in these countries and then settled into lucrative jobs. Doctors, engineers, and architects from India settled in these countries during this time.

In the mid-seventies, the Gulf countries – notably the UAE, Oman, and Kuwait – were growing exponentially thanks to petrodollars. Need for advanced infrastructure development, high-tech facilities and world-class standards of living generated demand for a huge labor force; qualified professionals as well as labourers.

This unprecedented growth prompted a second wave of workforce migration from India to the Middle Eastern countries. Presently the Indian diaspora is the most populous expat community in the Middle East.

This era was fraught with recruitment scams and fraudsters cheating ignorant workers with false promises of a highly paid job and a better life in exchange for huge amounts of money. Because of this, in the year 1983, the Indian government passed the Emigration Act to regulate agents recruiting manpower from India mainly to Middle Eastern countries.

In 1993, Canada introduced skilled migration. It was a highly streamlined process, paving the way for systematic skilled worker migration from India to Canada. Eventually, Australia, New Zealand, and some European countries also joined the fray.

During the late 80s and all throughout the 90s, the growing IT industries and start-ups in Western countries and the Y2K problem attracted a large pool of IT professionals from India.

These professionals, who received mediocre salaries in India, were highly paid by foreign companies. Good money, cushy jobs and a high standard of living eventually prompted them to settle down with their families in these countries. This was a period of ‘brain-drain’ for India.

All this migration created a very deep stigma in the upper echelons of Indian society who began to regard migration as something undertaken by economically deprived people only. According to them, migration was for people with lesser means so that they could earn more abroad.

Interestingly, many of these wealthy people who looked down on migration had themselves migrated from villages to cities within India in search of wealth and a better life during their youth.

This gives us a brief background as to how migration evolved in India. Though we are at the threshold of the year 2020, Indian HNWIs are quite slow in making a decision to immigrate abroad. Residency and citizenship by investment is a concept that still hasn’t struck a chord with many Indians.

The 10 main reasons Indian HNWIs have been slow to embrace residence and citizenship by investment

1.The mind-set that immigration is only for the economically deprived

As mentioned, not only HNWIs but a majority of Indians harbor a deeply rooted belief that immigration is only for the economically deprived. In my 27 years of practice, I have come across a great number of people who come to consult me and start the conversation with these lines: “We are very well-to-do and not interested in moving abroad. But I am doing this (immigrating) for the sake of my children’s education and future”.

Most of these people are senior executives of multinationals, owners of SMEs, or wealthy businesspersons. They enjoy a high standard of living and their net worth is in the millions of dollars.

2. Stable democracy and good standard of living

India became independent in 1947, but today it is the world’s largest democracy. Though home to several religions, languages, and classes of people, it is a relatively safe country in which to live. The law and order situation is reasonably good and, though there may be unrest in a few pockets across the nation from time to time, there is peace and safety most of the time.

Additionally, the Indian economy is getting stronger by the day. These factors discourage many Indian HNWIs from moving abroad unlike their counterparts in countries such as China and Russia.

3. Lack of Knowledge among HNWI advisors

In the past three or four years, we have seen a growing interest among HNWIs in various residency and citizenship programs. Unfortunately, their usual financial advisors like chartered accountants, wealth managers, and lawyers have little-to-no knowledge about any of these programs.

Many HNWIs are even skeptical about the existence and authenticity of these programs and wonder if it’s an international scam. I recently met the senior partner of large and reputed client advisory firm who had no clue about investment migration and was surprised that it can be a highly beneficial investment opportunity for HNWIs.

4. Lack of familiarity with investing abroad

Until recently, Indian banks and concerned government agencies had very strict and conservative rules in place that deterred Indian professionals and businesspersons from remitting money outside of India. Hence, the entire concept of investing abroad is quite novel for most Indian HNWIs. Now, with more favorable regulations, HNWIs are showing a willingness to venture into the unknown RCBI territory.

5. Lack of knowledge about residence and citizenship by investment programs

Lack of basic knowledge about RCBI and its benefits makes HNWIs less trusting of such programs. With no one to assist them and clear their doubts, they are confused regarding the value of investment migration programs as a safe and rewarding investment.

6. Multiple obstacles related to cash transactions and liquidity

With the exception of large metros, most real estate and large financial transactions in India are carried out in a split manner to avoid taxation – around 30-35% of the real estate price is paid through bank transfer whereas 65-70% of the transaction is by cash. This creates a perennial liquidity issue for Indians who often have to struggle to show that they have the necessary financial capacity to invest abroad through official banking channels.

7. Difficulty with documents and other legalities

India does not have a nationwide social security system. Additionally, there is no credit rating system for individuals and corporates. Business is commonly conducted based on personal references. Drawing up detailed agreements and legal documents and hiring professionals to guide through the entire process is still not a common practice.

In contrast, RCBI programs involve a plethora of legal documents and other formalities that can be completed only with the help of qualified and knowledgeable professionals. Many Indian HNWIs are flummoxed when they realize how many supporting documents they need to submit with their application and the other legalities they need to complete. Gathering and compiling relevant documents is an uphill task for most of them.

8. Negative perceptions of investment migration

Indians often assume that if a wealthy person has applied for immigration, he/she must be doing so for all the wrong reasons. In recent times, several UHNWIs have fled the country in order to escape prosecution and possible jail time and taken refuge in foreign jurisdictions through investment migration programs.

The Indian media has exploited these stories extensively to generate negativity about RCBI programs, highlighting how HNWIs are taking undue advantage of these programs to avoid persecution at home and live a comfortable life elsewhere. All this undue attention has made many high profile HNWIs very cautious and secretive when they seek immigration through such schemes.

9. Lack of trust

Non-payment of invoices and private investment is widespread in India. HNWIs, as consequence, generally don’t trust foreign developers and their projects. This lack of trust – combined with the Indian mentality of investing in a foreign project where other Indians, preferably friends or relatives, are involved – has proved to be a great disadvantage for foreign developers and their projects.

There are several examples wherein many Indian-origin investors from the USA have been successful in raising millions of dollars for their debut EB-5 projects whereas some highly reputed EB-5 regional centres are still struggling to establish their presence in India.

10. The Foreign Exchange Management Act (FEMA):

FEMA and the regulations therein make it difficult for Indians to transfer or remit payment outside of India. Violating the law was a criminal offense in bygone years but is now just a civil offense that can result in up to 300% penalty if money is remitted without duly following the law.

The need of the hour is to work hard collectively to educate Indian HNWIs and the professionals serving them about how RCBI programs are not only about immigrating to a foreign country but much more.

Though the Indian market is slow to pick up, it is my firm belief that in the next few years, India will be a significant player in the global investment migration market.

February 10, 2019
February 10, 2019

What Question investor should asked for EB-5 investment?

Author By Ajmera Law Group Categories EB-5 US Investor Visa, Green Card, Investor Visa, Regional Centers, Residency & Citizenship by Investment, USA

 

How to select your EB-5  project and make a safe investment in the EB-5 project?

Regional Centers, Broker dealer, Agent, and mortgage broker who is showing you EB-5 project, you should ask the following questions.

  • What year was the Regional Center first approved by USCIS?
  • How many EB5 projects has the Regional Center completed?
  • How many I-526 and I-829 approvals obtained by the investors in the Regional Center.
  • May I have a copy of the PPM _ Private Placement Memorandum) so I can review the credit agreements for the senior bank loan and the other loans?
  • Is it true that the EB-5 loan is the last loan to be repaid because the Senior Bank Loan will be paid first?
  • Does the EB-5 loan have a security interest in real estate or in the assets of the developer or Regional Center?
  • May I have a copy of the EB-5 insurance policy?  Does the policy cover the 3 primary reasons for application denial: fraudulent statements, criminal background and source of funds issues?
  • If the project doesn’t sell as quickly as expected, could the EB-5 loan be extended beyond 5 years?
  • If the project sells for 15% less than expected, could I lose all or a portion of my investment?
  •  Where is the money coming from to pay the interest on the bank loan?
  • Does the Fund provide the letter from the senior bank loan and the private loan as well as the Targeted Economic Area?

Find out these answers and consult our law firm to compare answers with Regional centers we work with and answer provided by them to these questions.

Email: prashant@ajmeralawgroup.com

October 10, 2018
October 10, 2018

Why Indian exporters should consider Residency and Citizenship by Investment?

Author By Ajmera Law Group Categories Global Investing How & why?, USA

Recently, I had an opportunity to conduct a seminar at one of the largest export promotion organisations in Mumbai, India.

After the seminar I received a lot of feedback from the audience regarding the difficulties Indian exporters are facing in exporting their goods. The common obstacles cited were government policy, international trade policy, lack of financial support from the government and insufficient knowledge about import-export regulations of other countries.

I also received feedback that it was easy to establish and do business in African countries, in the Middle East and with our neighboring countries but as far as Western countries were concerned, Indian exporters are having a hard time making their mark.

While interacting with the participants, I was surprised that none of them had given a thought to the Residency and Citizenship by Investment option as a means to expand their export business from India.

I believe this is directly related to the visa regulations of many Western countries. Exporters from China, Taiwan, Korea and even Pakistan (Group countries) have used these regulations to their advantage, while Indian exporters have been quite reticent or unforthcoming in doing so.

Exporters from these Group countries have recognized that in developed or Western countries, there are three types of buyers / importers:

  • Large buyers who come to their countries and establish purchase offices in the country. For example – Walmart.
  • Large importers who import goods and depend on foreign exporters such as them to sell them these goods.
  • Small buyers / importers who do not physically visit their countries but wish to sell the goods of these exporters from offices or shops in their home country.

To sell goods to these buyers / importers, export companies in the Group countries have realized that having a presence in the importer’s country is the most efficient and effective way to sell their goods, especially to the class (ii) and (iii) category buyers.

To have this presence,  exporters from the Group countries take advantage of the Residency and Citizenship by Investment programs of all major countries in the world. Through these programs they obtain permanent residency/citizenship of the respective country. This then allows them to conduct business in their adopted country as local businessmen.

Let’s take an example of a Green Card holding Chinese exporter versus an Indian exporter who has no residency status in USA.

A Chinese exporter will have the following advantages over his Indian counterpart while selling goods to an American importer:

  1. As the Chinese exporter has a USA Green Card, he can start his own company in USA, purchase a warehouse and office and ship goods to the American importer immediately so that they are received within 1 or 2 days. For an Indian exporter in India, it will take several days to process the order and ship out the goods. He will have to deal with a huge amount of paperwork before his goods reach USA.
  2. There is no time difference and hence communication is faster and efficient for the Chinese exporter. Whereas an Indian exporter has to be really prompt and time conscious.
  3. Payment is easy – for the importer to make and exporter to receive.
  4. Confidence level of the buyer/importer is better while doing business with a US-based Chinese supplier/exporter than India-based exporter who has never seen or interacted with.

Unless and until Indian exporters learn to explore different options such as Residency and Citizenship by Investment to their advantage, they will always fighting a losing battle against exporters from other countries.

The best analogy that can be used to emphasize this reality is that if you wish to fight, you need to get into the boxing ring. You cannot stand outside the boxing ring and try to beat your competition.

August 21, 2018
August 21, 2018

20+ migration options for H1B and L1 visa holders

Author By Ajmera Law Group Categories Canada Business Immigration, Canada PNP Program, Citizenship, EB-5 US Investor Visa, Residency & Citizenship by Investment, Second Passport

Canada immigration for H1B visa holder, L1 visa holder and other visa class having temporary status in USA

Is your child, relative or friend facing a problem with H1B visa, L1 visa or any other visa in USA?

No worries. They can now breathe easy knowing that there are several options available to them to acquire legal status in USA. If they wish to move out of USA, they can also choose from more than 20 other countries around the world. This short video will give them all possible options:

  1. USA EB-5 investor program:
  • Make an investment of 1,000,000 US$ in a new business and create 10 jobs or
  • Make an investment of 500,000 US$ in a new business and create 10 jobs provided this business is in a TEA area or high unemployment area.
  • Investment can be in form of Debt /Loan, Equity or fund.

Good projects can secure:

-your principal amount

-a good return and

– processing time is as short as 3 months to 13 months for the first I-526 petition approval.

  1. Canada skilled worker immigration:

You can qualify under this program if you have –

  • A Master’s degree
  • Minimum of 3 years of work experience
  • Are preferably under the age of 35 years or better still, under 29 years of ageand
  • Have an IELTS score of 8 in listening and 7 in each of the other three categories
  1. Start Up immigrant visa of Canada:

You can qualify for this visa if you have started a company that can be –

  • Incubated by Canada Government approved incubators or
  • If angel investors make an investment of 75,000 CD$ in your company or
  • If a VC makes an investment of 200,000 CD$ in your company
  • And if you have the required IELTS score and post-secondary education
  1. There are 10 different business immigration programs of Canada:

In general, you need to fulfil the following basic criteria for all of them –

  • Possess net assets of 500,000 CD$ and above
  • Have 2 to 3 years of business experience or senior executive experience
  • Have a viable business plan to start a new business, purchase an existing business or enter into a joint venture with another company
  • Have an IELTS score of at least 5 band in each category
  1. UK Tire 1 immigration:

To qualify under this program you need to have –

  • Net assets of 200,000 pounds or more
  • IELTS band of 4 to 5 in each category
  • A viable business plan which will create 2 jobs
  1. Citizenship of Malta (EU member country):

If you wish to obtain the citizenship (passport) of Malta, a European Union member, you will need to –

  • Make a donation of €650,000
  • Purchase bonds of €150,000
  • Purchase a residenceworth€350,000 or rent a residence worth€16,000 per year

Children under 26 years and parents can be included under this program

  1. Residency of Malta:

If you wish to obtain the residency of Malta, you will need to –

  • Make a contribution of €30,000
  • Purchase bonds of €250,000
  • Purchase a residence worth€270,000 or rent a residence worth€10,000 per year

Children under 26 years of age and parents can be included under this program

  1. Citizenship of Cyprus (EU member country):

If you wish to obtain citizenship of Cyrpus, an EU member country, you will need to-

  • Purchase real estate/property worth€0 to 2.5 million
  • Permanently maintain a residential property of €500,000 (you can sell other assets after 3 years)

Children under 25 years and parents can be included under this program. There are no language, minimum age and education requirements

  1. Residency of Cyprus:

If you wish to obtain the residency of Cyprus, you will need to –

  • Purchase real estate/property worth €300,000
  • Make a bank deposit of €30,000
  • The applicant must provide proof of secured annual income of at least €30,000 outside of Cyprus. This income must increase by €5,000 for every additional child and €8,000 for each dependent parent.

Children under 25 years of age and parents can be included under this program. There are no language, minimum age and education requirements

  1. Residency of Greece (EU member country):

If you wish to obtain residency of Greece, you will need to –

  • Purchase real estate worth €250,000 or more

Children under 21of age and parents included can be included under this program. There are no language, minimum age and education requirements. Under this program, applicants cannot work for someone but can operate their own business.Applicants can apply for Greek citizenship after 7 years

  1. Residency of Portugal(EU member country):

If you wish to obtain residency of Portugal, you will need to –

  • Purchase real estate worth €500,000 or more (lesser amount investment possible)

Children under 18years of age and parents can be included under this program. There are no language, minimum age and education requirements. Applicant can work as well as operate their own business

  1. Residency of Spain ((EU member country):

If you wish to obtain residency of Spain, you will need to –

  • Purchase real estate worth €500,000 or more

Children under 18 years of age and parents can be included under this program. There are no language, minimum age and education requirements. Applicant can work as well as operate their own business. Medical insurance is required.

  1. Second passport of Europe – Bulgarian Citizenship (EU member country):

If you wish to obtain a second passport and easy access to European markets, you can opt for Bulgarian citizenship. To qualify, you will need to –

  • Invest €500,000 for Permanent Residence in government bonds
  • Invest €1 million for Citizenship in government bonds

Loans are available for making the required investment. Upon approval, applicants can live, work, operate a business and study for free/with reduced fee in any member EU country.

  1. Citizenship of Dominica in 3 months:

If you wish to obtain citizenship of another country in a short period of time in a hassle-free manner, you can apply under Dominica’s Citizenship & residency Program. To qualify, you will need to –

  • Make a donation of $100,000 US or more OR
  • Make aninvestment in real estate of $200,000 US or more for 3 years

Children under the age of 30 years, parents above 55 years of age &grandparents can be included under this program. There is no taxation on income earned abroad and one can obtain NRI Status plus visa free travel to more than 120 countries around the world. Easy access to medical schools in USA for children

  1. Citizenship of Grenada in 3 months:

If you wish to obtain citizenship of another country in a short period of time, you can apply under Grenada’s Citizenship & residency Program. To qualify, you will need to –

  • Make a donation of $200,000 US or more OR
  • Make an investment in real estate of $350,000 or more for at least 5 years

Children under the age of 29 years and parents above 55 years of age can be included in the application. There is no taxation on income earned outside of Grenada and one can obtain NRI Status plus visa free travel to more than 120 countries around the world. Easy access to medical schools in USA for children and E2 Business visa of USA.

  1. Citizenship of St Kitts and Nevis in 2 months:

If you wish to obtain citizenship of another country in a short period of time, you can apply under for citizenship of St Kitts & Nevis. To qualify, you will need to –

  • Make an investment of at least $400,000 US in one of the approved real-estate developments OR
  • Make a donation of $250,000 US to the Sugar Industry Diversification Foundation (SIDF, a public charity)

Children under the age of 30 years and parents above 55 years of age can be included in the application. There is no taxation on income earned outside of the island country and one can obtain NRI Status plus visa free travel to more than 150 countries around the world. As a Commonwealth citizen, applicant receives certain preferential treatment in the United Kingdom. Two or more applicants may apply for citizenship together by purchasing one piece of real estate.

  1. Citizenship of Antigua & Barbuda in 3 months:

You can obtain second citizenship or a second passport of this beautiful island nation within a short period of time. To qualify, you will need to –

  • Make a contribution to the National Development Fund of at least $100,000 US OR
  • Make an investment in designated, officially approved real estate with a value of at least $400,000 US OR
  • Make an investment in an approved business of at least $1,500,000 US

Dependent children and dependent parents over 65 years of age can be included under this program. There is no minimum net worth requirements or previous business experience needed. Visa free travel to more than 135 countries around the world.  No taxation on income earned outside of St Kitts & Nevis

  1. Citizenship of St Lucia in 3 months:

You can obtain second citizenship or a second passport of this beautiful island within three months. To qualify, applicant will have to –

  • Choose from four options which range from an investment amount of $100,000 US to $3,500,000 US. These four options are –
  • Saint Lucia National Economic Fund
  • Real Estate Projects
  • Enterprise Projects
  • Government Bonds

Dependent children under 25 years of age, dependent parents above 65 years and mentally or physically challenged dependent children and/or parents can be included under this program. Visa-free travel to over 120 countries around the world. No taxation on income earned outside of StLucia. Under the Enterprise Project option, two or more applicant can make a minimum investment of $6,000,000 US, with each applicant contributing no less than US$1,000,000.

  1. Business Immigration to New Zealand:

You can apply for conditional business residency of New Zealand. To qualify you need to –

  • Invest $100, 000 NZ in capital investment and run a business for 2 years OR
  • Invest $500,000 NZ in capital investment and run a business for 6 months
  • Have a business plan that will help NZ economy
  • Be fluent in English and serious businessmen only

After obtaining a business permit, applicant can apply for Permanent Residence of New Zealand after 3 years.

  1. Investment immigration to New Zealand – $3 million:

You can apply for direct PR of New Zealand through investment. To qualify, you will need to

  • Have $3million NZ in available assets
  • Invest $2.5million NZ in real estate
  • Have 3 years of business/management experience
  • Have basic English skills (IELTS 3 band or equivalent)
  • Be under 65 years of age 
  1. Investment immigration to New Zealand – $10 million

You can apply for direct PR of New Zealand through investment. The highlights of this program are –

  • Must have $10million in available assets
  • There is no age requirement
  • Can invest in a variety of assets class
  • No minimum residency requirements
  1. Business Immigration to Australia – Business Visa Class (188A):

You can apply for temporary PR of Australia. To qualify, you will need to –

  • Have a business turnover of $500,000 AU and 30% (private company) or 10% (private limited company) ownership
  • Have net assets of $800,000 AU
  • Have a business turnover of $300,000 AU in Australia
  • Manage a business in Australia for 2 years
  1. Business Immigration to Australia – Investor Visa Class (188B):

You can apply for temporary PR of Australia. To qualify, you will need to –

  • Have net assets of $2.25 million AU
  • Own and manage a business of $1.5 million AU
  • Invest 1.5 million AU in governmentbonds

If you keep your investment for 4 years and have minimum residency for 2 years, you can be eligible for permanent PR and citizenship after 5 years.

  1. Business Immigration to Australia – Significant Investor Class (188C):

You can apply for temporary PR of Australia. To qualify, you will need to –

  • Invest $5million AU in Australia (various options available)
  • Stay 160 days in 4 years in Australia to get permanent PR
  • No age limit
  1. Business Immigration to Australia – Business Talent – Significant Business History (132A):

You can apply for direct PR of Australia. To qualify, you will need to –

  • Own & manage a business with a turnover of $3 million AU
  • Have ownership of 30% (private) or 10% (public) in the company
  • Have net assets of $1.5 million AU that can be transferred to Australia
  • Invest$400,000 AU in Australia
July 28, 2018
July 28, 2018

Mehul Choksi has obtained the citizenship of Antigua.

Author By Ajmera Law Group Categories Caribbean, World

So it has finally come from the horse’s mouth!

According to the article published in Midday (Mumbai edition) on 28th July, 2018, Mehul Choksi has admitted to obtaining the citizenship of Antigua in order to expand his business.

https://www.mid-day.com/articles/took-citizenship-of-antigua-to-expand-business-mehul-choksi/19648168

Mr. Choksi further stated that there was no truth in the allegations levelled by the Indian government against him. He is allegedly involved in over $2-billion Punjab National Bank scam. Mr. Choksi claims he has taken Antigua citizenship last year to expand his business, as the passport of the Caribbean nation provides visa-free travel to 132 countries, local media in Antigua reported.

“I lawfully applied to be registered as a citizen of Antigua and Barbuda under the Citizenship by Investment Program. During the course of my application, I did all that was lawfully required of me to do. My application for citizenship was in due course approved,” the statement published in the newspaper said.

Choksi had taken the citizenship of Antigua in November 2017, and oath of allegiance on January 15 this year. “My application was motivated by my desire to expand my business interest in the Caribbean and to obtain visa-free travel access to 130 or so countries,” the statement said, adding that he was in the United States in January 2018 for medical treatment. “Having received treatment I am still in a state convalescence. That being the case I have decided to reside in Antigua and Barbuda,” it read.

Many HNIs and businesspersons from India have started taking interest in the Citizenship & Residency programs of Caribbean countries because of the multiple reasons. The most important among then are:

  1. Visa free travel to over 130 countries around the world.
  2. Close proximity to the U.S. markets.
  3. High quality of life
  4. Quick processing of applications and direct citizenship (passport) through investment
1 2 3