LAWYERS IN PAPHOS
Updated: 05/07/2024
Permanent Residency in Cyprus for British Nationals post Brexit
Advice from Demetris Demetriades – one of the leading lawyers in Paphos
The Withdrawal Agreement has worked well for British Nationals who already reside in Cyprus, and who have exercised their right of free movement into the country, before 1st January 2021. They are allowed to continue living in Cyprus and enjoy their right of Freedom of Movement and Employment, like any other EU National. This section of British Society has already secured their permanent residency in Cyprus but what about those who are thinking about coming to Cyprus after this date and who were not in a position to relocate before the deadline. In this article, we hear from a leading lawyer in Paphos, Demetris Demetriades, who explains, in detail, how British citizens can still secure their permanent residency in Cyprus.
HOW CAN I SECURE PERMANENT RESIDENCY IN CYPRUS USING A LAWYER IN PAPHOS?
Lawyers in Paphos are wide ranging and one who is highly recommended, is Demetris Demetriades from the law firm, Andreas Demetriades & Co LLC. With a specialised immigration department and half of a century of experience as lawyers in Paphos, they know the answers to the questions being asked about immigration and the best ways for you to secure your permanent residency in Cyprus.
WHAT IF I PLAN TO BUY A HOUSE IN CYPRUS POST-BREXIT & SPEND MORE THAN 90 DAYS THERE?
Those of independent financial means, who do not need to work in Cyprus to support themselves, can apply for Permanent Residency, under either Category F or Category 6(2).
AM I ELIGIBLE TO OBTAIN PERMANENT RESIDENCY IN CYPRUS UNDER CATEGORY F?
Having a secure annual income, coupled with some savings and a place to stay, are the primary considerations for being eligible for a Category F Residency Permit. Although the place of residence can be a rental property, owning your home is a considerable advantage, in favourably processing their application.
The Applicant may purchase any type of residential property, either resale or newbuild, of any value. A resale property is not subject to VAT (5% if used as a permanent residence or 19% regular rate). However, Land Registry Fees will be payable at the time of the transfer of the Title Deed, at the following rates:
- 0-85.000 euros 5%
- 001-170.000 euros 2.5%
- Over 170.000 euros 4%
The law does not specify the amount of annual income the Applicant should earn, although typically it should be such that they can afford a decent standard of living for the whole family. Likewise, the Regulation does not set out a specific amount of savings to be deposited in the local bank. Ordinarily, €30,000 transferred from abroad into a personal bank account in Cyprus, would suffice.
The main Applicant can add the spouse and children, up to the age of 18, as dependents. Nevertheless, children who are Permanent Residency holders, under category F, will not be able to renew their Permanent Residency once they become 18 years old, unless they can satisfy the requirements independently.
Hence, Category F is more suitable to pensioners wishing to retire to Cyprus, or families with secure incomes from abroad, who want to set up home in Cyprus. The examination of the Application can take 12 to 18 months, during which, Category F Permit Holders are not allowed to work in Cyprus, or to be shareholders in a company which carries out business activities in Cyprus.
OR AM I ELIGIBLE TO OBTAIN PERMANENT RESIDENCY IN CYPRUS UNDER CATEGORY 6(2)?
Applicants under Category 6(2) should proceed with an investment of at least €300,000 (plus VAT where applicable) according to the below listed options, and to be eligible and submit an application under this category; the payment of €200,000 must be completed for the Investment Criterion A and the payment of €300,000 must be completed for the Investment Criterion B, C or D.
(A) Investment in a house/apartment: Purchase of a house or apartment from a development company, which should concern a first sale of at least €300,000 (plus VAT).
(B) Investment in Cyprus real estate (excluding houses/apartments): Purchase of other types of real estate such as offices, shops, hotels or related estate developments or a combination of these with a total value of €300,000. The purchase of interest can be the result of a resale.
(C) Investment in Cyprus Company’s share capital, with business activities and personnel in the Republic: An Initial investment worth €300,000 in the share capital of a newly registered company in the Republic of Cyprus or an increase in the share capital worth €300,000 of an existing company registered in the Republic of Cyprus, based and operating in the Republic of Cyprus and having a proven physical presence in Cyprus, and employing at least five (5) people.
(D) Investment in units of Cyprus Investment Organization of Collective Investments (forms of AIF, AIFLNP, RAIF): Investment worth €300,000 in units of Cyprus Investment Organization Collective Investments, whose investments should be held in the Republic of Cyprus.
Where the applicant chooses to invest based on Investment Criterion B,C or D he/she should provide evidence regarding his/her accommodation in the Republic (e.g. title of ownership or contract of sale and proof of payment for the property or rental agreement).
Furthermore, an applicant applying under Criterion B, C and D will still need to provide evidence regarding his accommodation in the Republic.
A significant advantage to this Category is that the parents, parents-in-law and children over 18 and up to 25 years old, who are single, students and financially dependent, can also secure a Residency Permit under the same application. This type of Residency Permit remains valid throughout their lifetime, provided they visit Cyprus at least once every two years.
Criteria as to income and savings is clearly defined, and the main Applicant should prove that he earns a secure annual income of at least €30,000. Such annual income should increase by €5,000 for every dependent person of the family (spouse and children) and by €8,000 for every parent/ parent-in-law.
The examination period of a 6(2) application currently takes three to five months. Hence, therefore it is often referred to, as “fast-track”.
The holder of a Category 6(2) Residency Permit cannot work in Cyprus as an employee or director of a Company receiving a salary. However, he can be the 100% shareholder of a Company doing business in Cyprus, and is allowed to be the director of a Company if he is not receiving a salary.
A Temporary Residency Permit can be secured in both cases, while the Application for Permanent Residency is processed.
Clearly, Brexit has made residency rights of British Nationals in Cyprus less straightforward than before. Nevertheless, there are still clearly defined and straightforward immigration routes into the country which have already been utilised by thousands of non-EU Nationals and their families, making Cyprus their home.
The content of this article is intended to provide a general guide to the subject matter and does not constitute legal advice. For any further information, please contact Demetris Demetriades, Barrister at Law, at Andreas Demetriades & Co LLC by email at demetris@demetriadeslaw.com or by phone +357 26 811 668.
ABOUT THE AUTHOR
Demetris Demetriades is a qualified Cypriot Lawyer, Barrister at Law and the Senior Managing Partner at Andreas Demetriades & Co L.L.C. in Paphos, established in 1970. To read a full interview with Demetris Demetriades by Cyprus in Style. CLICK HERE