Immigration

If you are here for more than 3 months at a time on a regular basis, you want to determine what sort of ‘residency visa” is right for you. The Pensionado visa is great for the retiree but the income requirement has increased so you must have a government or company pension of $1000 a month and more if you have a dependent, like your wife. But if you qualify the benefits are terrific.

Enjoy a 25% discount on airfares, for flights starting in Panama, get up to 25% off the food portion of your meal, 15% off medicines or supplements, discounts on all sorts of goods and services, pay no duty on the importation of up to $10,000 worth of new household goods, the quantity of used goods is unlimited, in other words move here and bring your home furnishings duty free. Every two years you can buy a new car “duty free”.   This is a wonderful visa, and you can stay here indefinitely on this visa, just don’t leave for more than two years continuously.

If you don’t qualify for the Pensionado Visa there are lots of other ways to qualify for residency.

We include here a wonderful summary of this very complex law that was provided by our friends at Gomez, Giraldo and Associates. www.gga-law.com

THE NEW IMMIGRATION LAW

· The new immigration law is contained in Decree Law 3 of February 22, 2008 which “Creates the Immigration National Service and Stipulates other Provisions.” This law is in turn regulated by Executive Decree No. 320 of August 8, 2008.

· The new name of the government entity in charge of Immigration matters is the Immigration National Service.

· There are now Four immigration categories: 1) tourist, non-resident, 2) temporary resident, 3) permanent resident and 4) foreigner under the protection of the Republic of Panama.

· At the beginning of the application for the permanent resident status, the applicant will be issued a provisional permit for three months (this is actually done).

· The requirements for all permits are contained in Article 28 of the Decree Law.

· The Immigration National Service (INS) will decide on the applications for temporary or permanent residence within a term not greater than sixty working days and, in the event no decision is rendered, the application will be deemed approved in favor of applicant.

Tourist, Non-resident.

· For all those foreigners not requiring a tourist visa, they will be issued a Tourist Card valid for a term not greater than ninety (90) days.

· The Tourist visa is valid for a term not greater than 90 days

· Application for Change of Residential Status is allowed up to (10) working days before the expiration of the tourist status.

Temporary Resident

· The regular residential term for a temporary resident is up to six years.

· At the moment of his application for a residential status other than tourist, the foreigner will have the obligation of producing his passport or travel document and furnishing to the owners or administrators of hotels or lodging places, information about their comings and goings. In turn, the owner or administrator of hotels or lodging places will have the obligation of sending this information to the INS.

· The authorization for multiple entry-exits constitutes a visa for entering and exiting the national territory. This is issued by the INS to non-resident aliens upon request; said authorization will be issued for up to five years and will be recorded in the corresponding passport.

· The employer, agent, contractor o intermediary of any nature having contracted a foreign worker or that has received the services of a foreigner, must notify the INS of the termination of the work or contractual relation, within a period of 20 working days.

· Visa for Domestic Workers is granted for one year and can be extended.

· Visa for Short Staying cannot be issued for more than nine (9) months.

· Work Temporary Permits will be issued for a period of one year to six years.

· Temporary Residence Permit for Foreign Personnel Contracted as Colon Free Zone Executive, requires a minimum monthly salary of B/2,000.00

· Temporary Residence Permit for Foreign Personnel Contracted by Private Companies comprising 10% of the ordinary personnel, requires a salary not less than B/850.00 monthly

· Temporary Residence Permit for Personnel Contracted by Companies by virtue of the Marrakech Agreement, requires a salary not less than B/1,000.00 monthly

· Investments Temporary Residence Permits will be granted for a period of six (6) years, it can be extended every two (2) years.

· Agriculture Investor Temporary Residence Permit requires of an investment of B/60,000.00 in agriculture or aquaculture.

· Temporary Forestry Investor Permit requires an investment, either personal or through a company, in the amount of B/.60,000.00 for reforestation or forest plantation activities authorized by the National Environmental Authority; the investment must be carried out over a minimum of 10 hectares.

· Temporary Resident Permit for Family Reunion can be requested by foreign spouses, children under 18 years old and parents of a temporary resident. Persons between 18 to 25 years old if they are full time students and financially dependent on the temporary resident.

Permanent Resident

· The application for the Permanent Resident category can be filed within a term of two years.

· Permanent Resident Permit for Forestal Investment requires a minimum investment of B/.80,000.00 through a company or at the personal level for reforestation or forestal plantation activities authorized by the National Environmental Authority, on an area not less than 20 hectares.

· Permanent Resident Permit for Macro-business Investor requires an investment in a macro-company of B/160,000.00 for the applicant; If the investor has dependents, the investment must be increased by B/2,000.00 for each dependent. The company and/or business must have a payroll including at least five (5) Panamanian employees.

· Permanent Resident Permit for Financial Solvency requires an investment of B/300,000.00 in a term deposit account in a bank in Panama, or immovable property, or a combination of both and it must be proven that the money for this investment is from abroad.

· Self Financial Solvency for Investing in Immovable Property allows that the immovable property can be under the name of a Private Interest Foundation, but the applicant must prove that he, or his dependents are the beneficiaries. In this instance, the Public Registry’s certificate must show the name of the founder and beneficiaries.

· Permanent Resident Permit as a Retired Financier can be requested by all foreigners retired from active life and receiving a monthly income of B/2,000.00 exclusively coming from a Term Deposit Account with Banco Nacional de Panama or Caja de Ahorros, tax free, for a period of five (5) years. At the current rate the amount required to be on deposit is B/610,000.00.

· Permanent Resident Permit as Retired Financier grants the right to have a Special Passport of the Republic of Panama.

· Permanent Resident Permit as Retired or Pensioned can be requested by all foreigners receiving a pension or retirement plan from a foreign government, international organization or private company. The pension or retirement income must be a minimum of B/1,000.00 per month; notwithstanding, if applicant proves he or she has acquired an immovable property and it is registered in his or her name with a minimum value of B/100,000.00, the pension or retirement income is reduced to B/750.00 per month.

· Permanent Resident Permit for “Married to a Panamanian” can be requested by all foreigners married to a Panamanian, living with this Panamanian under conditions of singularity, stability and continuity.

· For all permanent sub-categories, once the two-year term has expired for the temporary provisional permit, the foreigner can apply for permanent residence by complying with the requirements for same.

· The Permit for Dependant of Permanent Resident can be requested by foreign spouses, children under 18 years of age, or children up to age 25 who are in school full time, handicapped relatives and parents depending on a two (2) years provisional resident, permanent resident or a local citizen.

General Provisions

· All “irregular” aliens will be placed at the disposition of the INS’ Director who will have 24 hours to order the detention or release of that person.

· Any and all information with respect to the address or any variation to the information reported by an applicant must be communicated to the INS.

· All foreigners must carry identification documents, otherwise they may be fined B/10.00.

· Continuous residence will be counted from the date of the resolution granting the temporary residence to the applicant for permanent residence.

· All cases referring to personal identification (cedula) for foreigners will be understood as the permanent residence card, or passport if residence is temporary.

· Non-resident foreigners can apply for an immigration category change, with the exception of those whose visa authorization does not allow doing so.

· Tourists can apply for immigration category change.

· At the request of the interested party, a multiple entry-exit visa will be granted to an alien that is processing his change of immigration status from a temporary resident permit to a permanent resident.

· For permit or visa applications by reason of work, the power must be granted by the legal representative of the contracting company, specifying the information of the company and the requesting alien. If the legal representative is the applicant, other officer of the company must grant the power.

· Dependents of legal age of any person holding any visa or permit contained in the different categories or sub-categories, may grant the power to themselves.

· Any and all copies to be presented for the application of different visas or permits, must be authenticated as a true copy of the original by a Notary Public or person of competent authority.

· Any and all letter(s) of responsibility issued by an individual person or a company (letter head) must refer to the financial support, commitment for paying departure expenses and must include the responsibility for paying any public service bills, leasing agreement, hotel reservation or any other document that proves the foreign domicile in the national territory and the signature must be authenticated by a Notary Public.

· Pictures provided by applicant must be recent, passport size, frontal and the face uncovered.

· All documents issued abroad must comply with these formalities for its validity.

· Any alien applying for any of the immigration categories as temporary or permanent resident is obliged to be registered with the INS’ Foreign Department.

· Any person under 18 leaving the country requires the authorization by both his parents or custodian.

For those who really want to see the nitty gritty, here in both Spanish and English are pdf files giving the full text of the new laws.

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