Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Eligibility to Obtain a Permanent Residence Permit

The website of the National Immigration Service (Servicio Nacional de Migración , SNM) lists the following types of permanent residence permits:

[translation]

• Economic solvency for opening of a fixed instalment deposit;
• Forestry investor;
• Independent retiree;
• Personal economic solvency;
• Economic reasons;
• Investment in property assets;
• Personal economic solvency through mixed investments (fixed installments deposit and property assets);
• Dependent of a permanent resident;
• Refugee;
• Marriage to a Panamanian;
• Investor in a call center for exports;
• Investor in the film and audiovisual industry;
• Investor in macro-businesses;
• Investor in the Panama-Pacific special economic area;
• Investor in export processing zones;
• Retiree or pensioner;
• Permanent personnel hired by the Panama Canal Authority;
• Foreigners that work for businesses that have less than ten percent workers inside the Panama Pacific area (Panama n.d.a).

An additional category of permanent residence is provided for under Executive Decree No. 416 of 2012 (Decreto Ejecutivo No. 416 ), which states that foreigners of the countries that maintain [translation] "friendly, professional [and] economic relations" with Panama may apply for a permanent residence permit (ibid. 2012, Art. 1, Art. 2). According to an article about permanent residence in Panama, by the Panama City-based law firm Mossack Fonseca & Co. , which specializes in immigration law (Mossack Fonseca & Co. n.d.), the Decree originally included 24 "friendly countries" (País Amigo ), but subsequently was expanded to include 48 countries or "autonomous jurisdictions" whose citizens are eligible to apply under this immigration category (ibid. 27 Aug. 2013). Sources indicate that citizens of the following countries are eligible to apply for a permanent residence permit under this Decree:

Argentina, Australia, Austria, Belgium, Brazil, Canada, Chile, Czech Republic, Finland, France, Germany, Great Britain and Northern Ireland, Ireland, Japan, Netherlands, Norway, Singapore, Slovak Republic, South Korea, Spain, Sweden, Switzerland, United States, Uruguay (Panama 2012, Art. 2; Mossack Fonseca & Co. 27 Aug. 2013)

According to Mossack Fonseca & Co. , the following countries were later included:

Andorra, Costa Rica, Croatia, Cyprus, Denmark, Estonia, Greece, Hungary, Israel, Latvia, Liechtenstein, Lithuania, Luxembourg, Monaco, Montenegro, Most Serene Republic of Marino, New Zealand, Poland, Portugal, Republic of Malta, Serbia, South Africa, Special Administrative Region of Hong Kong, and Taiwan (ibid.).

Two sources list the same countries, as well as Paraguay and Mexico (Lawyer 7 Sept. 2015; CL&A n.d.b).

Sources report that permanent residence permits are also issued under an agreement between Panama and Italy (Panama n.d.a; CL&A n.d.b). According to the website of Chan Lee & Associates (CL&A) law firm based in Panama that specializes in the field of immigration (ibid. n.d.a), permanent residence permits can be issued to Italian citizens who wish to reside permanently in Panama in order to carry out economic or professional activities (ibid. n.d.b).

2. Requirements and Procedures to Obtain Permanent Residence

Article 28 of the Decreto Ley No.3 of 2008 (Decree Law No. 3) provides information on the requirements and documents that must be submitted with an application for permanent residence:

[translation]

Applications for a temporary or permanent residence permit presented to the National Immigration Service must be submitted through a legal representative, in accordance with the requirements established for each category of visa or permit, with the exception of the category that is requested from outside the country and the category applying to [residence for purposes of] education, and must meet the following common requirements:

1. Copy of passport duly certified by a Panamanian notary, or accompanied by certification by the diplomatic mission accredited in the country or the appropriate authority in the place of issuance. When deemed necessary for security reasons, the National Immigration Service may require that the applicant certify the authenticity of the passport.
2. Criminal record check certificate from the country of origin or residence. For countries in which such documents are not issued, applicants must provide certification from a diplomatic or consular official from their country of origin accredited in the Republic of Panama, indicating the non-existence of such a certificate and an affidavit sworn before a notary public to the effect that they have no criminal record.
3. Health certificate issued by an appropriate professional within the three months preceding submission of the application.
4. Payment of two hundred and fifty Balboas to the National Treasury as fees for applying for an immigration category, and eight hundred Balboas to the National Immigration Service as a repatriation deposit.
5. Sworn affidavit of personal information.

All documentation coming from abroad must comply with the authentication requirements. (Panama 2008b, Art. 28)

Information provided on the website of the Embassy of Panama in Ottawa about the application process for visas and permanent residence permits for a pensioned tourist resident visa (Attachment 1), reforestation investor visa (Attachment 2), economic solvency visa (Attachment 3), and macro business investor visa (Attachment 4) are attached to this response.

Sources indicate that applications for visas and permanent residence permits must be made through a Panamanian lawyer (Panama n.d.b; CL&A n.d.c). In correspondence with the Research Directorate, an immigration lawyer based in Panama City stated that permanent residence applications must be submitted through a licensed lawyer in Panama "in accordance with the requirements established for each specific category of visa or residence permit" (Lawyer 7 Sept. 2015). The immigration lawyer and the lawyer of Durling & Durling both indicated that applications for permanent residence made by applicants from a "friendly country" must be submitted once the person is in Panama (ibid. 9 Sept. 2015; Durling & Durling 8 Sept. 2015), and this also applies in cases of applications made by Italians (ibid.).

The immigration lawyer explained that

[o]btaining permanent residence in Panama involves the presentation of a first application, which, if approved, grants the status of a temporary stay for a period of two years. Upon expiration of this term, a second request may occur, to opt for permanent residence. This is the general procedure, with the exception of the permanent resident permits as a foreign national of specific countries that maintain friendly relations, as well as professional, economic, and of investments with the Republic of Panama. (7 Sept. 2015)

According to Mossack Fonseca & Co. law firm, other types of residence permits that are not under the "friendly country" category are "usually granted after two years, provided that the applicant meets all of the requirements" (Mossack Fonseca & Co. 27 Aug. 2013). Sources also state that an individual may apply for a permanent residence permit after two years of residence in Panama (CL&A n.d.b; Mossack Fonseca & Co. 27 Aug. 2013; Panama 2008a, Art. 178), [translation] "except in certain cases in which [the] regulations, special laws or conventions establish different periods" (ibid.).

Sources state that the permanent residence permits are granted in a single request for applicants under the "friendly country" category (Lawyer 7 Sept. 2015; Durling & Durling lawyer 1 Sept. 2015), and for Italian nationals (ibid.). Mossack Fonseca & Co. law firm indicates that the National Immigration Service grants permanent residence to an applicant of a "friendly country" once the application is approved (Mossack Fonseca & Co. 27 Aug. 2013).

3. Loss of Permanent Residence and Procedures to Re-obtain Status

According to the lawyer of Durling & Durling law firm, if an individual with a permanent residence permit leaves Panama for more than two years, he or she may lose his or her permanent residence status (1 Sept. 2015). Article 31 of the Decree Law No. 3 lists situations that can result in a revocation of a permanent residence permit:

[translation]

The Director General of the National Immigration Service may cancel the stay or residence in the national territory of a non-resident foreigner or foreigner who is a temporary or permanent resident in any of the immigrations subcategories for the following reasons:

1. Marrying a citizen for the sole purpose of obtaining residency.
2. Undermining national security, public order, morality or public health, or violating the rights and freedoms of individuals.
3. In the case of permanent residents, leaving the country for more than two years, unless such absence is justified and authorized by the Director of the National Immigration Service.
4. Engaging in activities incompatible with those that served as the basis for granting the non-resident, temporary or permanent resident visa or permit.
5. Submitting false statements and/or fraudulent or altered documentation.
6. Offering, by him/herself or through another person, any type of promise or remuneration, or exerting any kind of pressure aimed at altering the will of officials of the National Immigration Service or diplomatic or consular officials for the purpose of obtaining the respective visa or permit.
7. Conviction for committing an intentional crime or tax evasion.
8. Cessation of the causes leading to approval of the respective visa or permit.
9. Any other grounds established by law or regulations. (Panama 2008b, Art. 31)

Article 32 of the same Decree states that foreigners whose visa or temporary or permanent residence permits are cancelled, will be deported, [translation] "except in cases where otherwise determined by law" (ibid., Art. 32).

The lawyer of Durling & Durling stated that in order to reacquire one's status, the individual must submit a new application for a permanent residence permit in the same manner as a person applying for the first time (1 Sept. 2015). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Rights of Permanent Residents

The lawyer of Durling & Durling stated that Italian nationals and nationals of the "friendly countries," who are permanent residents in Panama, are allowed to work in Panama provided they obtain a work permit for an indefinite period (Permiso de Trabajo Indefinido ) (Durling & Durling lawyer 1 Sept. 2015). Individuals with other types of permanent residence permits, such as those in categories of personal economic solvency, "foreign investor" or "foreigners that work for businesses that have less than ten percent workers inside the Panama Pacific area," have to renew their work permits every year (ibid.). They can obtain a work permit for an indefinite period after ten years of permanent residence in Panama (ibid.). In addition, individuals with the permanent residence permit have the right to open a business in Panama (ibid.). In order to access health care, permanent residents in Panama must register with the government of Panama's Social Security Fund (Caja de seguro social ) and pay a monthly fee (ibid. 2 Sept. 2015). According to the lawyer of Durling & Durling, access to some government programs and benefits are only for citizens (ibid.). Information on these programs could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

In correspondence with the Research Directorate, the immigration lawyer stated that permanent residents in Panama "have the right to remain in the country indefinitely" and have the right to obtain an identity card, "which is a permanent identity number and can be used for all types of transactions or legal proceedings" (Lawyer 7 Sept. 2015).

According to the lawyer, "[t]he right to vote in general elections, as well as to hold public office, is reserved for Panamanian citizens" (ibid.). Further or 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

Chen Lee & Associates (CL&A). N.d.a. "Welcome to Chen Lee & Associates." <http://www.chenleeyasociados.com/home.html> [Accessed 8 Sept. 2015]

_____. N.d.b. "Permanent Residents." <http://www.chenleeyasociados.com/visas-and-residence/permanent-resident.html> [Accessed 27 Aug. 2015]

_____. N.d.c. "Visas and Residence." <http://www.chenleeyasociados.com/visas-and-residence.html> [Accessed 4 Aug. 2015]

Durling & Durling lawyer, Panama. 8 September 2015. Correspondence with the Research Directorate.

_____. 2 September 2015. Correspondence with the Research Directorate.

_____. 1 September 2015. Correspondence with the Research Directorate.

Lawyer, Panama. 9 September 2015. Correspondence with the Research Directorate.

_____. 7 September 2015. Correspondence with the Research Directorate.

Mossack Fonseca & Co. 27 August 2013. "The Benefits of Obtaining Permanent Residency in Panama." <http://www.lexology.com/library/detail.aspx?g=1fda3b01-b207-4269-a569-12a360f2ad33> [Accessed 1 Sept. 2015]

_____. N.d. "Legal Solutions." <http://www.mossfon.com/service/legal-solutions-services> [Accessed 8 Sept. 2015]

Panama. 2012. Decreto Ejecutivo No. 416 . <http://www.migracion.gob.pa/Archivos%20en%20pdf/decretos%20hasta%20el%2013%20de%20julio/Residente%20permanente%20paises%20especificos.pdf> [Accessed 1 Sept. 2015]

_____. 2008a. Decreto Ejecutivo No. 320 . <http://www.gacetaoficial.gob.pa/pdfTemp/26104/12594.pdf> [Accessed 27 Aug. 2015]

_____. 2008b. Decreto Ley No. 3 . (Decree Law No. 3). Excerpts translated by the Translation Bureau, Public Works and Government Services Canada. <http://www.gacetaoficial.gob.pa/pdfTemp/25986/9070.pdf> [Accessed 1 Sept. 2015]

_____. N.d.a. Servicio Nacional de Migración . "Servicio Nacional de Migración ." <http://www.panamatramita.gob.pa/institucion/servicio-nacional-de-migraci%C3%B3n> [Accessed 26 Aug. 2015]

_____. N.d.b. Consulate of Panama, Toronto. "Move to Panama. Panama Residency, Citizenship and Passports." <http://www.consulatepanama.com/panama-residency-citizenship-and-passports.html> [Accessed 27 Aug. 2015]

Additional Sources Consulted

Oral sources:Lawyers in Panama; Panama – Consulates General in Montreal and Toronto, Embassies of Panama in Ottawa and Washington, Ministerio de Gobierno, Servicio Nacional de Migración Panamá .

Internet sites, including:Amnesty International; British Broadcasting Corporation; Cornell University - Legal Information Institute; Día a día ; Edison TD; El Siglo ; European Union – Public Register of Authentic Travel and Identity Documents Online; Factiva; Fédération internationale des ligues des droits de l’homme ; HR.org; Human Rights Watch; Keesing Reference Systems; La Prensa ; Lexology; Mi Diario ; New York University – GlobaLex, School of Law; Panama – Consulate General in Toronto, Embassy of Panama in Ottawa, Gaceta Oficial Digital, Gobierno de la República de Panamá, Migracion.gob.pa, Ministerio de Relaciones Exteriores, Ministerio de Trabajo y Desarrollo Laboral, Panamatramita.gob.pa ; The Panama News; Panamá Offshore Legal Services Attorneys at Law; Panamavisas.com; Prensa Escrita ; Spain – Embassy in Panama; United Nations – NATLEX, RefWorld; United States – Department of State, Embassy in Panama, Law Library of Congress.

Attachments

1. Panama. N.d. "Resident Visa as a Pensioned Tourist." <http://www.embassyofpanama.ca/images/documents/RESIDENT_VISA_AS_A_ PENSIONED_TOURIST.doc> [Accessed 1 Sept. 2015]

2. Panama. N.d. "Reforestation Investor Visa." <http://www.embassyofpanama.ca/ images/documents/REFORESTATION_INVESTOR_VISA.doc> [Accessed 1 Sept. 2015]

3. Panama. N.d. "Economic Solvency Visa." <http://www.embassyofpanama.ca/ images/documents/ECONOMIC_SOLVENCY_VISA.doc> [Accessed 1 Sept. 2015]

4. Panama. N.d. "Macro Business Investor Visa." <http://www.embassyofpanama.ca/ images/documents/MACRO_BUSSINESS_INVESTOR_VISA.doc> [Accessed 1 Sept. 2015]