Creatrust > Family Office > Investors VISA for Third-countries nationals

Investors VISA for Third-countries nationals

Third-countries nationals wishing to obtain a VISA in Luxembourg need to meet various requirements in order to proceed:

Prerequisites:

Third-country nationals must meet the following requirements first:

hold a valid passport;
check whether or not they have to obtain a visa to enter the Schengen area;
have obtained an approval from the Minister of the Economy or the Minister of Finance with regard to their investment.

Who is concerned

Third-country nationals can apply for a residence permit as an investor provided they plan to invest:

at least EUR 500,000 in an existing company with its registered office in Luxembourg an commit to keep for a duration of at least 5 years:
their investment;
a level of employment which must be equivalent to the level at the time of the investment (in the case of an acquisition of a company in difficulty and under a redundancy plan, the aforementioned requirement does not apply); or
at least EUR 500,000 in a new business still to be created, with its registered office in Luxembourg and at least 5 work positions which must be created within 3 years of the incorporation of the business. The recruitment of staff must be in collaboration with the National Employment Agency(Agence pour le développement de l'emploi- ADEM) or;
at least EUR 3 million in a management and investment structure, either existing or still to be created, with its registered office in Luxembourg where it must have and maintain the necessary substanceor;
at least EUR 20 million in the form of a deposit of funds with a financial institution established in Luxembourg, and with the commitment to keep said deposit for at least 5 years.

With regard to investments in existing or still to be created businesses (investments of at least EUR 500,000), the company must or will have to carry out a commercial, crafts or industrial activity.

Direct and indirect investments concerning the acquisition or rental of real estate are not taken into consideration in order to obtain a residence permit for investors.

The effective beneficiary of the deposited or invested assets, must be the investor himself or his/her spouse or registered partner.

Preliminary steps:

Third-country nationals are required to present their project or proof of investment to the Minister of the Economy or to the Minister of Finance and must have obtained the approval from the minister concerned before they can submit their application for an authorisation to stay.

The Minister of the Economy is competent in matters of investment projects of:

at least EUR 500,000 in an existing business;
at least EUR 500,000 in a new business still to be created.

The Minister of Finance is responsible for the analysis of proof of investments of:

at least EUR 3 million in a management and investment structure, whether already existing or still to be created;
at least EUR 20 million in the form of a deposit with a financial institution established in Luxembourg.

The minister concerned sends a written notification to the third-country national investor. In the case of approval, the third-country national has to, before entering the country, submit the application for the authorisation to stay.

Passport and visa

If he is not subject to visa requirements, the third-country national may enter Luxembourg with the authorisation to stay and a valid passport.

Third-country nationals subject to visa requirements must, before coming to Luxembourg and from their country of origin, submit a type D visa application and present their authorisation to stay:

to the Luxembourg diplomatic or consular representation in their country of origin;

The visa, valid for a maximum period of 3 months, is affixed in the passport in the form of a seal.

If the applicant's passport is due to expire in less than 6 months, it should be renewed before coming to Luxembourg.

If the third-country national has a valid residence permit for family members of an EU citizen or a valid residence permit issued by another EU Member State, a visa is not required. The third-country national must nonetheless have a temporary authorisation to stay in Luxembourg.

Creatrust Services includes:

Tax and legal advisory on redomiciliation in Luxembourg – set up of private investment entities
Assistance in obtaining VISA or permits
Residency services for U-HNWIs

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