Applying for Permanent Residency in Cyprus Post-Brexit | Legal Advice by Lawyer Demetris Demetriades

LAWYERS IN PAPHOS

Permanent Residency in Cyprus for British Nationals Post-Brexit

Advice from Demetris Demetriades – leading lawyer in Paphos

Lawyers in Paphos – The Brexit 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 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, but one who is highly recommended in this field is Demetris Demetriades from the law firm, Andreas Demetriades & Co LLC. With a specialised immigration department and half a century of experience working in the legal sector in Cyprus, 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 – 1.5%
  • 85.001-170.000 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 into 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 for pensioners wishing to retire to Cyprus, or families with secure incomes from abroad, who want to set up a home in Cyprus. The examination of the Application can take 12 to 18 months, and  Category F Permit Holders are not allowed to work in Cyprus, or to be shareholders in a company that 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. To be eligible for 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. 

  1. Investment in a housing unit / apartment: Purchase of a first sale housing unit or apartment from a development company for a purchase price of at least € 300,000 (plus VAT where applicable).
  2. Investment in real estate (excluding housing / apartments): Purchase of other types of real estate such as offices, shops, hotels or similar developments, or a combination of these with a total value of € 300,000 (plus VAT if applicable).  Such type of properties can also be resale properties. 
  3. Investment in a Company registered in the Republic of Cyprus with activities and employees in Cyprus: Investment worth of € 300,000 in a company registered and operating in the Republic of Cyprus that has a proven physical presence in Cyprus and employs at least five (5) people.
  4. Investment in shares of Cyprus Investment Organization Collective Investments (type AIF, AIFLNP, RAIF): Investment worth € 300,000 in shares of Cyprus Investment Organization Collective Investments.

In cases where the applicant chooses to invest as per Investment Criterion B, C or D, his income or part of it may also derive from sources connected with activities in the Republic of Cyprus.

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 are 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.

Temporary Residence Permit can be secured in both cases, while the Application for Permanent Residency is processed.

Clearly, Brexit has made the 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.

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. Read a full interview with Demetris Demetriades by Cyprus in Style here.

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. For more information about the services they offer, visit their website at DemetriadesLaw.com.

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Published by Cyprus in Style Magazine July 2021 | #InStyleBusinessNetwork | Lawyers in Paphos

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