Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Requirements and Procedures to Obtain Investor Residence Status

Sources indicate that a foreign national can obtain a United Arab Emirates (UAE) investor visa by becoming a shareholder in a company or by investing in real estate (FBS Kotsomitis n.d.a; Senior Associate 9 Aug. 2016; Residency Invest n.d.a). Sources note that obtaining the investor residence status does not lead to UAE citizenship (Senior Legal Consultant 9 Aug. 2016; Bukh Global Partners n.d.a).

1.1 Investment in a Company

According to sources, the creation of a new company must take place within a "free trade zone" or "free zone" (Residency Invest n.d.a; FBS Kotsomitis n.d.a). In correspondence with the Research Directorate, a Senior Legal Consultant at City International Advocates & Legal Consultants, a Dubai law firm that litigates in areas such as commercial, labour, and "personal status" law (City International Advocates & Legal Consultants n.d.), indicated that obtaining a residence visa for investors in the UAE requires "the establishment of the company in partnership with one of the citizens of the state, or [the] establishment [of] a company without [a] citizen in the free zones" (Senior Legal Consultant 9 Aug. 2016). According to the same source, in both cases the company's capital must be of minimum 300,000 Emirates Dirham (AED) [approximately C$105,455] (ibid.). In correspondence with the Research Directorate, a Senior Associate at Afridi & Angell Legal Consultants, a Dubai law firm whose fields of practice include employment, banking, and international law (Afridi & Angell Legal Consultants n.d.), stated that the company can have a maximum two foreign shareholders applying for an investor visa, and each applicant must have invested a minimum of 48,000 AED [approximately C$16,869] in the capital of the company (Senior Associate 9 Aug. 2016). According to Bukh Global Partners, a New York law firm with a local office in Dubai whose area of specialization includes immigration law (Bukh Global Partners n.d.b), in order to qualify for the investor visa, the foreign national must deposit "either AED 10,000 [approximately C$3,518] or AED 20,000 [approximately C$7,036] with the UAE government" and prove that they have "sufficient funds to make a significant investment into a UAE company, or to create a business in the UAE" (ibid. n.d.a).

The Senior Associate stated that not all free zones in the UAE allow the issuance of an investor visa (ibid.). Similarly, the website of Residency Invest, a UK-based company that specialises in "helping international investors achieve permanent residency, long term visas or [c]itizenship" in several countries (Residency Invest n.d.b), indicates that "[e]very free-zone has different requirements and set up costs" (ibid. n.d.a). According to the Senior Associate, "each emirate of the UAE has its own Immigration Department" (Senior Associate 9 Aug. 2016). In further correspondence, the Senior Associate indicated that to his knowledge, "if the immigration department of other emirates [than Dubai] issues a company investor visa, the documentation [required] will be similar" (ibid. 10 Aug. 2016).

1.1.1 Application Procedure

In a telephone interview with the Research Directorate, a consular officer at the Embassy of the United Arab Emirates (UAE) in Ottawa explained that in order to apply for an investor residency permit, the applicant must first enter the UAE legally, for example as a visitor (UAE 23 Aug. 2016). According to the same source, the requirements to apply for an Investor Residency Permit as listed on the website of the Abu Dhabi government apply for every emirate (ibid.).

The website of the Abu Dhabi government states that in order to receive an investor residency permit, the applicant must fill in an application form, pay the AED 250 [approximately C$89] fee, and "[s]ubmit the printed application along with the required documents at the Residency Department" (Abu Dhabi n. d.). According to the same source, the required documents are:

• The residence visa application (signed and stamped by the company);
• The passport of the investor;
• A copy of the trade licence;
• The original copy of the entry permit;
• A copy of the health insurance card or the insurance subscription certificate in case there is no insurance card;
• The original copy of the results of the medical test;
• A copy of the "establishment card";
• A copy of the identity card or registration receipt of the identity card;
• A copy of the UAE e-gate card "or the stamp";
• The original copy of the "inspection form" issued by the Department of Economic Development; and
• An "Empost sticker". (ibid.)

The website of the General Directorate of Residency and Foreigners Affairs-Dubai (DNRD) states that the following documents are required in order for the DNRD to issue an "entry permit of employment visa for a partner or foreign investor":

• The application form of issuing entry permit, fees fulfilled …, signed by the authorized person in the establishment card and including the sponsored photo [and] company stamp on the application form;
• Copy of the partner/foreign investor’s passport (must have reached the legal age 18 years old);
• Origin[al] and copy of establish[ment] contract or services’ agent contract issued by the court;
• The Memorandum of Association with trade license and its appendices;
• Attachment of partners’ names (valid);
• Origin[al] and copy [of] the establishment card (valid);
• Company account statement from the bank for the last 3 months (if the license was issued before more than a year). (UAE n.d.)

The Senior Associate indicated that in order to obtain investor residence status through the investment in a company in Dubai, the applicant must provide the following documents in addition to the processing fee:

• Memorandum of Association of the Dubai company;
• Trade License of the Dubai company;
• Establishment Card of the Dubai company - a card confirming registration of the Dubai company with the Dubai Immigration Department;
• Original passport with copies; and
• Passport size photos with white background. (Senior Associate 9 Aug. 2016)

The same source noted that "investor visas are [generally] issued unless documentation is not complete or there is a security risk" (ibid. 10 Aug. 2016). According to the Senior Legal Consultant, foreign investors must also pass security clearance (9 Aug. 2016).

The Senior Associate stated that according to the authority of the Dubai Immigration Department, the rules and requirements for an investor visa are the same for men and women (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

2. Investment in Real Estate

According to the Senior Associate, the property investor visa "is [a] relatively new form of investor visa" (Senior Associate 9 Aug. 2016). The same source indicated that to his knowledge, this type of visa is only issued by the Dubai emirate (ibid. 10 Aug. 2016). He further stated that, in order to obtain an investor visa under this stream, the applicant must meet the following:

Eligibility conditions

1. The property should be owned by the applicant;
2. The property should be a flat/apartment or villa;
3. It should be in the free hold area (i.e. the area where foreigners are permitted to own properties);
4. The current value of the property should be a minimum of AED 1 million [approximately C$351,784];
5. The property should not be [a] lease to owner or a lease of 99 years;
6. If the property is mortgaged, at least 50% of the value of the property should have been paid; and
7. The title deed should be issued from [the] Dubai Land Department.

Requirements

1. Original and copy of the title deed of the property;
2. Original passport with copies;
3. Copy of the current UAE residency visa (if any);
4. Certificate of Good Conduct from the Dubai Police; and
5. Passport size photo.

Process

1. After submission of the above mentioned documents to the Dubai Land Department, the Dubai Land Department will process the application. After the application is processed, the applicant will be issued a "visa license" pursuant to which he will sponsor his investor visa.
2. After payment of the necessary fees for issuance of a "visa license", the original title deed will be required to be presented to the Dubai Land Department.
3. Thereafter, the Dubai Land Department will transfer the application to [the] Dubai Immigration Department for [the] processing of [the] visa application.

Necessary fees will be required to be paid to the Dubai Land Department and the Dubai Immigration Department. (ibid. 9 Aug. 2016)

The Senior Associate specified that the fees for a property investor visa amount to approximately 11,000 AED [approximately C$3,870] in addition to a refundable deposit of 3,000 AED [approximately C$1,055] (ibid. 10 Aug. 2016). The same source further explained that the 11,000 AED amount includes a fee of 8,440 AED [approximately C$2,968] which is required to be paid every 4 years for the "visa license" (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to Residency Invest, in order to get an investor residency visa through investment in real estate, the investor must buy a property of at least 1 million AED [approximately C$351,784] and prove that their monthly income amounts to 10,000 AED [approximately C$3,518] (n.d.a).

2.1 Requirements for Dependent Family Members

Sources indicate that the investor visa allows the holder to sponsor their family members (FBS Kotsomitis n.d.a; Senior Associate 9 Aug. 2016) in order for them to obtain a residency permit (ibid.).

The Senior Legal Consultant stated that a resident with investor status can get a residence visa for his wife, children and parents (9 Aug. 2016). According to the Senior Associate,

[d]ependents are generally considered the spouse, parents, siblings (… female minors, female adults unless married, and males up to 18 years old provided parents are also sponsored by the investor visa holder or [their] father has passed away), and children (… female minors, female adults unless married, and males up to 18 years old). (Senior Associate 9 Aug. 2016)

The website of Focus Business Services Kotsomitis (FBS Kotsomitis), an "international professional services network" based in the UAE which provides services such as "wealth management" and "company and trust formation," among others (FBS Kotsomitis n.d.b), indicates that in order to sponsor a family member, the applicant must submit the application form, passport photos, passport copy, and visa entry stamp (ibid. n.d.a). Further and corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Senior Legal Consultant, a resident with investor status can only sponsor his wife and children if his salary amounts to "at least" 7,000 AED [approximately C$ 2,462] and if he rents housing in the UAE, whereas sponsoring parents requires a salary of "at least" 15,000 AED [approximately C$5,275] and a dwelling of "at least" two rooms (9 Aug. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

The Senior Legal Consultant stated that a resident cannot renew residency visas for their children once they reach the age of 18 years (Senior Legal Consultant 9 Aug. 2016). For the resident's children to obtain a visa after they turn 18, they must apply for their own work or study visa (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Frequency of Renewal and Procedures to Renew

According to sources, the investor residence visa must be renewed every three years (Senior Legal Consultant 9 Aug. 2016; Senior Associate 9 Aug. 2016; FBS Kotsomitis n.d.a). FBS Kotsomitis specified that an investor residence visa holder can stay in the UAE for a period of three years, after which the visa is renewable; as long as the visa holder does not leave the country for more than six months, their visa will not expire (ibid.). For more information on the validity of a residence visa when the resident leaves the UAE, see Response to Information Request ARE105443 of April 2016.

According to Residency Invest, the investor residence visa obtained through investment in real estate is also valid for a period of three years (n.d.a). In contrast, the Senior Associate stated that the property investor visa is valid for two years (Senior Associate 9 Aug. 2016).

According to sources, in order to renew an investor residence visa, the holder must follow the same procedure as when filing an initial application (ibid.; Senior Legal Consultant 9 Aug. 2016), except for the medical examination which is not required for the renewal (ibid.)

4. Whether the Investor's Status Can be Cancelled

Sources indicated that the investor resident visa can only be cancelled by its holder (Senior Associate 9 Aug. 2016; Senior Legal Consultant 9 Aug. 2016) or by the UAE authorities for security reasons (ibid.). Corroborating information on the cancellation by the UAE authorities could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. The Senior Associate noted that the holder of an investor visa can submit an application to the Dubai Immigration Department in order to have their own visa cancelled (ibid.).

5. Rights to Employment, Education, Health Care, and Travel in and out of the Country

According to sources, foreign residents of the UAE can travel in and out of the country without restrictions (Senior Legal Consultant 9 Aug. 2016; Senior Associate 9 Aug. 2016). For more information on the right of a foreign resident to leave the country, see Response to Information Request ARE105443 of April 2016.

Without providing further detail, the Senior Associate stated that investor resident visa holders can access education, healthcare, and housing; he specified however that "these rights are not free" (10 Aug. 2016). Similarly, the Senior Legal Consultant stated that residents must "reimburse the costs of access to health and education services" (Senior Legal Consultant 9 Aug. 2016).

Sources state that the investor residence visa obtained through an investment in a UAE company gives the investor the right to live and work in the UAE, provided that they "meet government requirements" (Residency Invest n.d.a) or abide by the country’s laws and "codes of conduct" (Bukh Global Partners n.d.a). The Senior Legal Consultant indicated that investors can only work in the company for which they have been issued their residence visas (9 Aug. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to Residency Invest, the investor who obtained their residence visa through investment in real estate is not allowed to work in the UAE (n.d.a). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5.1 Rights for Dependent Family Members

Information on the rights of dependent family members of investor residence visa holders was scarce among the sources consulted by the Research Directorate within the time constraints of this Response.

According to the Senior Legal Consultant, the investor residence visa holder's children are not allowed to work in the UAE as dependent family members (Senior Legal Consultant 9 Aug. 2016). In order to be able to work in the UAE, they must apply for a separate work visa (ibid.). Without providing further detail, the Senior Associate stated that "[t]he investor visa holder can obtain health insurance for his family members" (9 Aug. 2016). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Abu Dhabi. N.d. Abu Dhabi eGovernment Gateway. "Investor Residency Permit." [Accessed 31 Aug. 2016]

Afridi & Angell Legal Consultants. N.d. "Expertise." [Accessed 18 Aug. 2016]

Bukh Global Partners. N.d.a. "Investor Visa to the United Arab Emirates." [Accessed 5 Aug. 2016]

Bukh Global Partners. N.d.b. "About Us." [Accessed 15 Aug. 2016]

City International Advocates & Legal Consultants. N.d. "Our Services." [Accessed 18 Aug. 2016]

Focus Business Services Kotsomitis (FBS Kotsomitis). N.d.a. "3-Year Investor Residence Visas." [Accessed 5 Aug. 2016]

Focus Business Services Kotsomitis (FBS Kotsomitis). N.d.b. "Group Profile and Services." [Accessed 15 Aug. 2016]

Residency Invest. N.d.a. "UAE Investor Visa." [Accessed 12 Aug. 2016]

Residency Invest. N.d.b. "Home." [Accessed 15 Aug. 2016]

Senior Associate, Afridi & Angell Legal Consultants, Dubai. 10 August 2016. Correspondence with the Research Directorate.

Senior Associate, Afridi & Angell Legal Consultants, Dubai. 9 August 2016. Correspondence with the Research Directorate.

Senior Legal Consultant, City International Advocates & Legal Consultants, Dubai. 9 August 2016. Correspondence with the Research Directorate.

United Arab Emirates (UAE). 23 August 2016. Embassy of the United Arab Emirates in Ottawa. Telephone interview with a consular officer.

United Arab Emirates (UAE). N.d. General Directorate of Residency and Foreigners Affairs-Dubai (DNRD). "Submit Labour Entry Visa - Partner or Foreign Investor." [Accessed 5 Aug. 2016]

Additional Sources Consulted

Oral sources: Canadian Business Council of Abu Dhabi; Canadian Business Council of Dubai and Northern Emirates; nine lawyers in the United Arab Emirates; United Arab Emirates – General Directorate of Residency and Foreigners Affairs, Ministry of Foreign Affairs, Ministry of Interior.

Internet sites, including: DubaiFAQs; ecoi.net; Factiva; First Gate Business Services; Freedom House; Gulfstay.com; The National; UN – Refworld; US – Department of State.