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START UP/ ENTREPRENEUR VISA TO EUROPE

There are by now 28 member states in the European Union.
The “Startup Visa” is a temporary residence permit provided by numerous European countries to invite entrepreneurs who are interested to invest their funds in a Start up entrepreneurship and receive permanent residency stay afterwards. The following developed European countries apply the “Startup visa route” and if you follow the route successfully you could end up with European Citizenship.

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Spain

To start a company in Spain, you have to follow one of the two types of formation of Spanish legal entity, (“Sociedad Anónima” – S.A.), and the limited liability company

(“S.L.”). Each one requires submitting a business plan and a different share of minimum stock capital as well as a certain number of founders. For the first 2 years in

business, the entrepreneur will pay a tax rate of 15%.

DRSI LAW can register your European business in Europe and advise you of your eligibility to get an Entrepreneur Startup Visa.


France

French Tech Ticket program for foreign entrepreneurs to create startups in France. Teams must comprise one to three founding members, and a maximum of one French

person per team. The team must upload to a video presentation (‘pitch’) which meets the requirements set out in the application form. The project submitted must be a

young, innovative company (whether technology-based or not) looking for a rapid-growth model. The company must have a legal entity in France.


ITALY - Italian 2 year start-up visa

There are documents to be sent directly to the Italian Ministry of Economic Development’s Committee to receive the 1-year Italia Startup Visa. You can apply through two ways

for the visa: a direct startup visa application, or a visa application through a licensed incubator. The online application should include a business plan, a copy of your passport,

and a letter of proof of financial resources and capital worth $56,000. The permit is renewable for 2 more years.


Germany

To apply for the Entrepreneur visa for Germany you need to submit a business plan, financing concept (includes profit and loss account, capital requirements and financing

plan, liquidity plan), health insurance leaflet and certificate, and curriculum vitae and credentials.

Either you are self-employed (Gewerbetreibender), or you are a freelancer (Freiberufler). According to your profession - you are considered either self Employed or Freelance.

Working as a freelancer -

In Germany, numerous professions are known as “liberal professions” (“Freie Berufe”). If you set up a business in one of these professions, you usually work as a Freiberufler. These include:

  • medical occupations, e.g. as a doctor

  • advisory occupations in law, tax or economics

  • technical or scientific occupations, e.g. as an engineer

  • occupations concerned with the transfer of information and creative occupations, e.g. as an interpreter

  • pedagogical occupations, e.g. as a nursery nurse.

An overview of the liberal professions is available on the Startup Portal.

Some professions can only be allocated to the liberal professions following a case-by-case analysis.

Your local tax office will decide whether your profession is considered freiberuflich or gewerblich, once you register your business at the latest four weeks after you started your activities.

Bear in mind that for some professions, you will need to provide evidence of certain qualifications and vocational credentials.

DRSI LAW can register your business in Germany prior to your arrival with the Local Tax office.

Working on a self-employed basis (Gewerbliche Tätigkeit)

If you would like to set up your own crafts or retail business, you will need to register your business. You need to do that in the town or municipality where your business headquarters will be.

For some occupations, such as handicraft businesses, financial service providers, and nursing services you will need to fulfill certain admission requirements (“erlaubnispflichtiges Gewerbe”).

DRSI Law can advise you whether you are subject to an authorization which may mean that you will need to obtain certain approvals, apply for a license or prove that you hold certain professional qualifications in accordance with your local region.

Naturalisation - German Passport through German citizenship

Permanent residence can be granted within 3 to 4 years of holding a Residence Permit depending on your category.

If you are not German by birth, you can be naturalized if you meet the following requirements:

  • You have been living in Germany legally for at least eight years as well as extra criteria


Sweden

Requirements for obtaining a residence permit as a self-employed include showing that you have significant experience in your field and previous experience of running

your own business.

Having documented and relevant knowledge in Swedish or English is also a condition. Furthermore, you have to show that the business’ services or goods are sold or

produced in Sweden, and that you have sufficient funds to support you equivalent to Euro 20,000.


Denmark

The Startup-Denmark visa requires you to get your business idea approved by a panel of experts appointed by the Danish Business Authority and you must play an active

part in running the business.

You have to provide documentation that proves you have sufficient funds to cover your first year in Denmark. In the form of a bank statement, you need to at least prove that

you have Euro 20,000 if you are in Denmark without any family members.

The scheme can be used by both individuals and teams of up to 3 people who want to start a business together in Denmark through a joined business plan.

Republic of Austria

It is composed of nine federated states (Bundesländer), one of which is Vienna, Austria's capital and its largest city. It is bordered by Germany to the Northwest, the Czech Republic to the north, Slovakia to the northeast, Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the west.

Austria has been a member of the United Nations since 1955 and joined the European Union in 1995. Austria also signed the Schengen Agreement in 1995 and adopted the euro currency in 1999.

Permanent immigration to Austria

Third-country nationals, i.e. persons, who are not EEA citizens or Swiss nationals, need a residence permit for Austria when they plan to stay longer than six months. For stays up to six months, third-country nationals do not need a residence permit. They need a visa.

For stays up to 90 days within 180 days a visa is not required for some third-country nationals (depending on their citizenship).

Criteria-based Immigration to Austria - Red-White-Red Card

You are a qualified worker and citizen of a third country (a country outside the EU) seeking to live and work in Austria?

In this case, you need the Red-White-Red Card. The Red-White-Red Card is issued for a period of 24 months and entitles you as the holder to fixed-term settlement and employment by the employer specified in your application.

You are eligible for a Red-White-Red Card if you belong to one of the following groups:

DRSI LAW can evaluate your eligibility for each category and place you under the correct category for your needs and intention.

Self-employed Key Workers

As a third-country national you can apply for a Red-White-Red Card for Self-employed Key Workers if your self-employed occupation in Austria creates macroeconomic benefit going beyond its own operational benefit.

This may be the case if-

  1. your intended occupation involves a sustained transfer of investment capital to Austria amounting to €100.000 minimum or

  2. your intended occupation creates new jobs or secures existing jobs in Austria or

  3. your establishment involves the transfer of know-how respectively the introduction of new technologies or

  4. your business is of considerable significance for the entire region.

For self-employed key workers, there is no point system. After a completed total settlement period of two years, you can be issued a settlement permit for three years.

Start-up Founders

As a third-country national you can apply for a Red-White-Red Card for start-up founders if you

  • establish a company in order to develop and launch on the market innovative products, services, processing methods or technologies

  • to that end submit a consistent business plan for establishing and running that company

  • personally exert a controlling influence on the management of the newly set-up company

  • prove capital for the company to be founded amounting to €50.000 minimum with an equity share of at least 50 %

  • can score 50 points minimum according to the Austrian Calculation Test

DRSI LAW can evaluate the test and your criteria assessment based on language, education, financial investment funds, age, and other criteria.

Naturalisation - Austrian Passport through Austrian citizenship

  • General 10 years legal and continuous residence in Austria, therefrom minimum of 5 years with a residence permit

  • Integrity

    • No judicial condemnation

    • No pending criminal action (both in Austria and abroad)

    • No severe administrative offenses with a special degree of unlawfulness

  • Sufficiently secured maintenance

  • German language skills and basic Austrian history knowledge of the democratic system (Module 2)

  • Positive attitude towards the Republic of Austria and warranty that there is no danger for the public peace, order, and security

  • No pending proceeding regarding the termination of residence

  • No current prohibition of residence or enforceable return decision

  • And other requirements

DRSI LAW can evaluate the Austrian citizenship eligibility and your criteria assessment based on language, education, financial investment funds, age and other criteria.

 


Republic of Ireland  (Eire)

Capital - The capital and largest city is Dublin, which is located on the eastern side of the island.

Global Wealth - Ireland ranks among the top ten wealthiest countries in the world in terms of GDP per capita, and as the tenth most prosperous country in the world according

to The Legatum Prosperity Index 2015.

Immigration policy - Ireland has been a member state of the European Union since 1973 but is not part of the Schengen Area. Citizens of the United Kingdom can freely enter

the country without a passport due to the Common Travel Area, which is a passport-free zone comprising the islands of Ireland, Great Britain, the Isle of Man and the Channel Islands

Economy - Ireland's economy was transformed with the creation of a 10% low-tax "special economic zone", called the International Financial Services Centre (or "IFSC"). 

Irish Work Visa Options  

Start-Up Entrepreneur Programme (STEP)The Start-up Entrepreneur Programme was introduced by the Irish Government in 2012 to allow for innovative entrepreneurs to apply for permission to establish their business and reside in Ireland on a full-time basis. 

The STEP allows non-EEA nationals with a proposal for a high potential start-up in the innovation economy and funding of €50,000 to be given residency in this State for the purposes of developing their business.

A High Potential Start-Up (HPSU) is defined by the Minister for Justice as a start-up venture that is:

  • Introducing a new or innovative product or service to international markets.

  • Capable of creating 10 jobs in Ireland and realising €1 million in sales within three to four years of starting up.
  • Led by an experienced management team.
  • Headquartered and controlled in Ireland.
  • Less than six years old.

 

No initial job creation targets requirements are included in the programme.
A non-EEA national may apply for residency status as an individual, or he/she may also apply for residency status for themselves and their spouse/ partner and children under the age of 18.  Where family members are granted residency under the Start-up Entrepreneur Programme, as long as the applicant fulfils the criteria for residence status under the Programme, that status will automatically be maintained on their spouse/partner and minor children living in Ireland.
Successful applicants and their family members will initially be granted residence in Ireland for two years,  which will be renewable for a further three years. After 5 years of residence, participants under the programme will be eligible for long term residence in the State.
Successful applicants will be granted a multiple entry visa for Ireland for the same duration as their residence permission in order that he or she can reside in Ireland and travel freely to Ireland for the duration of the permission.
You can find detailed information on Enterprise Ireland's activities in support of high potential start-ups at www.enterprise-ireland.com/en/Start-a-Business-in-Ireland/Startups-from-OutsideIreland/

Immigrant Investor Programme (IIP)

The Immigrant Investor Programme (IIP) is open to non-EEA nationals who commit to an approved investment in Ireland. 
The Immigrant Investor Programme requires a minimum investment of €1m, from the applicants, own resources and not financed through a loan or other such facility, which must be committed for a minimum of three years.
Investors should note that the Irish Government has no responsibility for the performance of an investment. Investments are a private matter between the parties concerned and it is the responsibility of the investor, as in any business decision, to assess the potential success of their venture. You are required to transfer the appropriate funds to your preferred investment option only after your application has been approved by the Minister for Justice and Equality.
Residence Permission will be granted initially for a two-year period, and following a review by the Minister for Justice, will be extended for a further three-year period.
Approval of an application under the Immigrant Investor programme is not an endorsement of a particular project. What it means is that the investor has been approved and the investment is of a nature that meets the objectives of the Immigrant Investor Programme. 

Submission of Applications

The Immigrant Investor Programme will open for applications in 2020 as follows:

  • 17 February 2020 - 21 February 2020
  • 20 April 2020 - 24 April 2020
  • 22 June 2020 - 26 June 2020
  • 31 August 2020 – 4 September 2020
  • 26 October 2020 – 30 October 2020

Applications will be accepted during these periods only.

Naturalisation- Irish Citizenship

The laws governing citizenship in Ireland are set out in the Irish Nationality and Citizenship Acts 1956 to 2004 as amended.

These laws direct that a person can acquire Irish citizenship on one of the following ways:

  • Citizenship by Birth: for persons born on the island of Ireland before 2005 or for those born after 2005 provided that certain criteria are fulfilled;

  • Citizenship by Naturalisation: by fulfilling the statutory requirements of Section 15, 15A, or 16 of the Irish Nationality and Citizenship Act 1956  (as amended), including a specified length of residence in the State. Such applications are at the discretion of the Minister for Justice and Equality;
  • Citizenship by Descent: Citizenship can be acquired through descent for applicants born abroad, through a  parent, grandparent, or great grandparent born in Ireland or through Foreign Birth Registration.

 

Citizenship By Birth

The law governing entitlement to citizenship by birth in Ireland is set out in the Irish Nationality and Citizenship Act 1956, as amended. Of particular relevance is Section 4 of the Irish Nationality and Citizenship Act 2004, which inserts into Section 6A of the 1956 Act a new section, entitled “Citizenship of children of certain non-nationals”. The provisions of this section set out the entitlement of persons born to non-nationals in the State to be eligible for Irish citizenship from birth. Those children who meet the specified criteria are entitled to an Irish passport from birth.

The law is summarized as follows on the INIS website:

A person born on the island of Ireland after 1 January 2005 to parents, at least one of whom was an Irish or British citizen or entitled to reside in the State or Northern Ireland without any restrictions on his or her residence, has an entitlement of Irish citizenship. Otherwise, a person born on the island of Ireland after 1 January 2005 is entitled to Irish citizenship only if, during the four-year period immediately preceding the person’s birth, one of the parents has been resident* on the island of Ireland for a period of not less than three years and neither parent was entitled to diplomatic immunity in the State.”

Naturalisation - Irish Passport through Irish citizenship

Naturalisation is the process whereby a non-Irish national can apply to become an Irish citizen.
An application for a certificate of naturalisation will be considered under the provisions of the Irish Nationality and Citizenship Act, 1956 (as amended).
The Act provides that the Minister for Justice and Equality may, in her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled.

Applicants should be aware that the granting of Irish Citizenship through naturalisation is deemed to be a privilege and not an entitlement.

The requirements for Naturalisation are as follows:

  • You must be of full age (i.e. eighteen years or older);

  • You must be of good character;
  • You must have had a period of one (1) year’s continuous reckonable residence in the State immediately before the date of the application and,
  • during the eight (8) years preceding that, have had a total reckonable residence in the State amounting to four (4) years. (Total amounting to five (5) years reckonable residence);
  • You must intend in good faith to continue to reside in the State after naturalisation;

 

Citizenship by Descent

Citizenship through descent is the process by which a person can acquire Irish citizenship through his/her parents/grandparents/great grandparents. 

DRSI Law will assist the client to gain all his certificates from the relevant General Registry Offices.  

The entitlement to acquire citizenship by descent is summarised on the INIS website as follows;

“If either of your parents was an Irish citizen at the time of your birth, you are an Irish citizen, irrespective of your place of birth (unless one of the special conditions relating to birth outside Ireland applies; these are described below). If the parent through whom you derive Irish citizenship was not alive at the time of your birth but would have been an Irish citizen if alive at that time, you are also an Irish citizen. You derive citizenship through an Irish parent whether or not your parents were married to each other at the time of your birth.

If you were born outside Ireland to an Irish citizen who was himself or herself born in Ireland, then you are an Irish citizen.

If you were born outside Ireland to an Irish citizen who was himself or herself born outside Ireland, and any of your grandparents were born in Ireland, then you are entitled to become an Irish citizen and can do so by having your birth registered in the Foreign Births Register maintained by the Irish Department of Foreign Affairs. 

An applicant for citizenship through descent becomes an Irish citizen from the date of their registration on the Foreign Births Register and can apply for an Irish passport once they receive their certificate of Foreign Births Registration.

DRSI Law shall collect and file the Citizenship by descent cases and advise upon the eligibility of the family members, and assist in respect of the foreign birth registration applications.

 


What is BREXIT ??

What is Brexit? This actually is a play on words

 

Brexit - British Exit - Meaning the day we British Exit out of the EU and leave the organisation and its governing rules and regulations. The UK have been part of the EU group since 1973 and leaving was not an easy choice. The Government gave the people the choice and called it a “Referendum”. The public Vote was held in June 2016. The results were very close cut and 48% of the voters remained to stay in the EU - while 52% voted to LEAVE the EU. This counted up to 17.4 million people voted to Leave Europe for many different reasons.

The UK stopped being a member of the European Union (EU) at 23:00 GMT on 31st January 2020

To Understand what the UK chose to Leave - we shall explain what is the European Union?

The EU or European Union is an economic and political union involving 28 European countries. It was established with the aim of ending the frequent and bloody wars between neighbours, which culminated in the Second World War. As a result of the Schuman Plan, drafted by Jean Monnet, of 1950, in 1951, as a result of the Treaty of Paris, the European Coal and Steel Community (ECSE) begins to unite European countries economically and politically in order to secure lasting peace. Today all 28 countries are permitted to trade freely, which means products and services can be transported between any of the 28 member countries without any checks or extra charges or extra taxes.The EU also allows free “movement of people”, to live and work in whichever country they choose. A Romanian citizen can move to live in France tomorrow without any regulations and bring his family, and a Hungarian can work in Barcelona all week without any restrictions. There is ONE Law covering “Free Movement of People”.

What happens after Brexit day? Transition Period? 

The UK formally left the EU on 31 January 2020, but they have stipulated 11 months of discussion to finalise the final break that is intended for December 31st 2020. There are hundreds of laws to enact and many regulations to discuss. Until this date - all Europeans may continue to benefit from all rights under the Law today.


EU Citizens living in the UK today 

EU Settlement Scheme (settled and pre-settled status)

If you’re an EU, EEA or Swiss citizen, you and your family can apply to the EU Settlement Scheme to continue living in the UK after 30 June 2021. If your application is successful, you’ll get either settled or pre-settled status. The EEA includes the EU countries and also Iceland, Liechtenstein and Norway.

It’s free to apply to the scheme.
All, EU, EEA or Swiss citizen and their family members should apply by June 2021.
If you apply to the EU Settlement Scheme successfully, you’ll be able to continue living and working in the UK after 30 June 2021.
You’ll be given either:

  • סטאטוס התיישבות
  • pre-settled status

You will not be asked to choose which you’re applying for. Which status you get depends on how long you’ve been living in the UK when you apply. Your rights will be different depending on which status you get.

Settled status

You’ll usually get settled status if you’ve:

  • started living in the UK by 31 December 2020
  • lived in the UK for a continuous 5-year period (known as ‘continuous residence’)

Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12 month period. You can stay in the UK as long as you like if you get settled status. You’ll also be able to apply for British citizenship if you’re eligible.

Pre-settled status

If you do not have 5 years’ continuous residence when you apply, you’ll usually get pre-settled status. You must have started living in the UK by 31 December 2020. You can then apply to change this to settled status once you’ve got 5 years’ continuous residence. You must do this before your pre-settled status expires. If you’ll reach 5 years’ continuous residence at some point by 31 December 2020, you can choose to wait to apply until you reach 5 years’ continuous residence. This means that if your application is successful, you’ll get settled status without having to apply for pre-settled status first.
You can stay in the UK for a further 5 years from the date you get pre-settled status.

If you want to bring family members to the UK

Your close family members can join you in the UK before 31 December 2020 (or before 31 December 2025 for spouses and civil partners of Swiss citizens). They’ll need to apply to the EU Settlement Scheme once they’re here. If you cannot bring your family member under the EU Settlement Scheme, they may still be able to come here in a different way, for example on a family visa.

UK Citizens living in the EUROPE today 

Citizens living in Europe will have to seek the visa according to the SPECIFIC the country that they seek to reside in. If they choose to travel within the EU, they can contact DRSI Law to explain the options available.