加拿大政府宣布将暂时不再接受申请加拿大联邦投资移民计划

Meurrens LawImmigration Trends

计划与家人移民到加拿大的富裕中国人,希望已经听到加拿大政府宣布将暂时不再接受申请加拿大联邦投资移民计划 (IIP)。加拿大政府在今年夏天更改条例后将恢复接受联邦投资移民计划的申请。

加拿大联邦投资移民计划越来越变成成功的商人移民到加拿大最受欢迎的选项。在 2009 年,约 1 万人在该计划下移民到加拿大。

暂停接受申请并不影响这些加拿大当局于 6 月 26 日前收到的申请表,这些将仍会正常处理。

但是,那些尚未能够提交他们申请表的人必须在加拿大政府恢复接受联邦投资移民计划的申请后,确保它们符合新条例的规定。

以前,想用联邦投资移民计划移民到加拿大的申请人,必须拥有丰富的商务经验、 有个人净资产CAD 80 万 (CN 5.2 百万),和必须愿意作出 40 万元投资 (CN 2.6百 万),这40万将于5年后全数退回给申请人但是没有利息。在各种融资选项中,申请人支付的实际金额是 CAD 80,000 (CN 524,000)至 CAD 120,000元 (CN 787,000) 之间。这金额实质上将确保申请人的加拿大永久居民身份。

在新的联邦投资移民计划的新条例下,个人净资产要求增加了一倍CAD 1.6 万 (CN 10.4百 万),并且愿意投资CAD 800,000,但是现在尚未有新的融资方案。

这是自 1999 年以来加拿大政府第一次更改联邦投资移民计划的规定,加拿大政府指出条例更改的部分原因是因为亚洲的经济实力。这几年来,由于经济衰退,在个人收入减少的趋势下,亚洲国家尤其是中国却反其道而行的在经济和个人所得方面上升增加。事实上,联邦投资移民计划的新规定,加拿大政府认为亚洲富人用联邦投资移民方式来加拿大的人将会超过北美来的移民,鉴于亚洲人占了联邦投资移民计划的80%,加拿大政府对该地区的持续经济复原能力明显有信心。

过去想要用联邦投资移民计划却不符合新条例的申请人应该要注意有许多其他移民的方法可用。第一,魁北克移民投资计划不会在未来的几个月内更改条例。商务移民的申请人发现省提名的方式更具吸引力,省提名规定申请人需致力于工作或经营某些类型的业务,有很多省提名的新移民到加拿大后开始赚钱。任何想移民但不符合新条例的申请人,应该立即联络他们的移民顾问或律师了解更多有关这些程序的资料。

而这些符合联邦投资移民计划新条例的申请人将受益于更快的处理时间。第一,由于净资产和投资金额的增加,符合条件的申请会减少。此外,一旦恢复接受申请表,新的申请将会和旧有的申请一起审核,这意味着在新条例下的申请人将很快获得永久居民签证。

另一方面,这些努力工作并克服障碍而达到他们的财富的申请人,应该要注意到新的条件提高的缺点。他们应该意识到他们要证明他们个人的净值并披露给加拿大政府其资产来源,在这种情况下,越来越多的新移民被审核纳税资料,他们需要多缴税金给加拿大政府。

富有的移民应该向他们的会计师、顾问或律师谘询有关避税的条例,了解各种法律税务机制以减少披露的资料。他们应该讨论设立信托基金来避开支付庞大的所得税。

Wealthy Chinese people looking to immigrate to Canada with their families have hopefully by now heard that the Canadian government has announced that it will temporarily no longer be accepting applications under the Canada Immigrant Investor Program (“IIP”).  The IIP will resume accepting applications after the Canadian government introduces regulations this summer to change the program’s requirements.

The IIP has become an increasingly popular option for successful businessmen to immigrate to Canada. In 2009, approximately 10,000 people immigrated to Canada under the program.

The suspension does not affect those applications that were postmarked or received by a designated Citizenship and Immigration Canada office on or before June 26th.  These will still be processed as normal.

However, those that have not yet been able to submit their applications will have to ensure that they meet the program’s new requirements when the program resumes.

Previously, an individual applying to immigrate to Canada under the IIP had to demonstrate business experience, had to have a personal net worth of CAD 800,000 (CN 5.2 Million), and had to be willing to make a CAD $400,000 investment (CN 2.6 Million) that would be returned after five years without interest. Under various financing options available, the actual amount that an applicant paid was between CAD 80,000 (CN 524,000) to 120,000 (CN 787,000).  This amount essentially ensured Canadian permanent residence status.

Under the new IIP, the requirements have doubled. Participants must prove that they have a personal net worth of CAD 1.6 million (CN 10.4 million).  As well, they must be willing to make a CAD 800,000 investment. There is no word yet from what the new financing options will be.

This is the first time that the Canadian government has changed the IIP since 1999.  The Canadian government said that the reason for the changes is partially the strength of the Asian economy. At a time when personal incomes are falling across the world due to the recent recession, Asia, and China in particular, are bucking the trend. Indeed, in introducing the proposed changes, the Canadian government said that it believes that the number of wealthy individuals in Asia will surpass that of North America in the next few years. Given that Asians make up 80% of Federal Investor program participants, the Canadian government is obviously confident in the region’s continued economic resilience.

People that previously were seeking to apply under the original IIP that cannot afford the new requirements should be aware that there are numerous other options available.  First, the Quebec Immigrant Investor Program is not expected to change its requirements for another few months.  As well, immigrant businessmen are finding that provincial programs which require immigrants to commit to working in or operating certain types of business are attractive options. If done right, participants in provincial programs, such as the British Columbia PNP program, can immigrate to Canada much quicker than under the IIP. As well, they often begin making money as soon as immigrating to Canada.  Anyone that can no longer afford the program that wishes to immigrate to Canada should immediately contact their immigration consultant or lawyer to learn more about these programs.

People that can afford the new IIP will also benefit from faster processing times. First, there will be less people applying because of the increased requirements. Also, once the IIP resumes, new applications will be processed at the same time as old ones.  This means that people that are quick to apply under the new system will obtain their permanent resident visa very quickly.

However, these people, who have generally through hard work have overcome great obstacles to achieve their wealth, should be aware of a significant potential pitfall of the increased requirement. They should realize that they are going to have to disclose a greater amount of their assets to the Canadian government in order to prove their personal net worth.   Given this, they are also going to have to pay more taxes to the Canadian government, which is increasingly starting to audit immigrant taxpayers.

Wealthy immigrants should thus consult with their account, immigrant consultant, or lawyer to learn about various legal tax mechanisms available to Canadian immigrants that will minimize their disclosure requirements. As well, they should discuss setting up trusts that will allow them to not pay tax on most of their income.