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SEM Law Reform
14/10/2020![ILFR1000 Logo](https://l6r7d0.p3cdn1.secureserver.net/wp-content/uploads/2019/10/UkeWFb-1-150x150.jpg)
IFLR1000 recognizes Icaza, González-Ruiz & Alemán
22/10/2020The Qualified Investor Permanent Residence Program in Panama grants residence within 30 days with an investment of US$300,000.00.
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By: Ayleen Quintero – Associate
The permanent residence permit as Qualified Investor was created through Executive Decree No. 722 of October 15th, 2020, and it is a migratory category that grants permanent residence in Panama to those foreigners who invest from five hundred thousand dollars (US$500,000.00) of funds coming from abroad, under one of the four (4) modalities that we shall explain subsequently.
Notwithstanding, it is important to emphasize that said Decree also contemplated an exception that consists of the benefit of being able to apply for this residence, with a minimum amount of three hundred thousand dollars (US$300,000.00), provided that the applicant chooses one of the modalities that are related to the investment in the purchase of a real estate property. This exception shall be in force only until October 15, 2022.
The modalities under which you can apply for this category are Real Estate Investment, Real Estate Investment through a Promise to Purchase Contract (both by Investment of US$300,000.00, only until October 2022), Investments through a Broker-Dealer House (US$500,000.00), and Investment through Fixed Term Deposit in the Banking Sector (US$750,000.00).
Under this category we could point out, among other requirements and general conditions, that the most relevant points to be evidenced within the application are:
- To prove that the funds come from a foreign source.
- That the Investment must be maintained for a minimum of five (5) years, which shall be verified annually.
How soon is the permanent residence under the Qualified Investor category approved?
The application for Permanent Residence under the Qualified Investor category is approved within thirty (30) working days and shall allow the foreigner applicant to acquire the permanent resident card issued by the Electoral Court of Panama, which shall be the new identity number in Panama for all approved Qualified Investors.
After obtaining Permanent Residence, how long shall I wait to apply for Panamanian nationality?
The naturalization or proceeding to obtain the Naturalization Letter is the formality that allows the permanent resident to opt for Panamanian nationality and, therefore, also obtain the right to carry a Panamanian passport. This proceeding can be carried out after the foreigner complies with any of the following conditions:
- Foreigners with five consecutive years of residence in the territory of the Republic if, after reaching the legal age, they declare their willingness to become naturalized, expressly waive their original nationality or that they hold at the moment, and prove they are conversant in Spanish language and have basic knowledge on Panamanian geography, history, and political organization.
- Foreigners with three consecutive years of residence in the Republic who have children born herein of Panamanian father or mother or spouse of Panamanian nationality, if they make the declaration and furnish the proof mentioned in the previous point.
- Nationals by birth of Spain or a Latin-American State, if they fulfill the same requirements requested by their country of origin to Panamanians to become naturalized.
For the above reasons, below is a summary of how many years nationals of some Latin American countries must wait, on a case-by-case basis.
How long should I wait to become a Panamanian citizen?
One year for nationals from Colombia and El Salvador.
Two years for nationals of:
- Argentina
- Chile
- Costa Rica
- Ecuador
- Spain
- Guatemala
- Honduras
- Mexico
- Nicaragua
- Paraguay
- Peru
- Uruguay
All others not mentioned above may apply for naturalization after 5 years.
After acquiring the permanent residence, what obligations do I have?
Concerning the migratory obligations that are derived, the main obligation shall be to visit Panama before two (2) years have elapsed outside the country, or else, the permanent resident shall lose the residence and must either initiate another proceeding or request the reactivation of the Permanent Residence; however, this proceeding has its conditions and supporting documents that must justify the relevant reason why the foreigner could not enter the country during the said period.