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Thread: How to obtain residency

  1. #1
    Para aquí para acá Jonh's Avatar
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    Default How to obtain residency

    This was sent to me by Managua lawyer Paul Tiffer, to share with TRN users.

    RESIDENCY

    Getting residency can be one the hardest parts of living in Nicaragua for many people, and lack of information is one the reasons.

    It is imperative to know there are three ways to get the residency.

    1. As Investor
    2. As Retiree
    3. As worker

    In all of these cases, the applicant must prove this status and submit supporting documentation, as well as the general documents of any foreigner namely:

    * Birth Certificate
    * Police Record
    * Health Certificate.

    These three documents must be from the applicant's country and MUST be authenticated by the Nicaraguan Consulate in the country where the documents where issued. To get the authentication in USA, for example, it is necessary for the County Clerk to notarize and authenticate them. This is for Canadians too, and because there are no Nicaraguan consulates in Canada, they must authenticated in Canada and sent to the Washington consulate of Nicaragua.

    Then these authenticated documents must be authenticated in the Nicaraguan Foreign Affairs Ministry and translated into Spanish with a Nicaraguan Notary, to be submitted to Immigration.

    The same procedure must be followed for retirees, with the document of annual pension to prove they have the minimum income required for the Nicaraguan law.

    At the moment, this procedure I just told you, must be followed by everybody. There is no possible way to submit documents issued in Nicaragua (police record or Nicaraguan health certificate are not valid for foreign people to get residency) and finally, no one can submit any document to Immigration or any other government offices without the proper authentication I just explained; that is the law.

    Another possibility is if somebody marries a Nicaraguan. In this case, this person will need to submit the whole documentation above (Birth Certificate, Police Record, and Health Certificate), and must submit this additional information:

    * Copy of the ID of you husband/wife
    * Marriage License
    * Support Affidavit (the spouse must declare he/she will support you in Nicaragua)
    * Labor contract or any certification from your spouse’s job.

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    Default Re: How to obtain residency

    From Paul:

    Good news for residency applicants in Nicaragua.

    Last week I went to INTUR (Institute of Tourism of Nicaragua) and saw the latest version of the new law for retired people, and there are several modifications to the present law #628 from 1974. Some of the most important change I was able to see are:


    • The tax exemption will be increased to $ 25,000.00 for cars, and the car can be changed every 4 years instead the current $ 10,000.00 and 5 years.
    • The tax exemption will be increase to $ 20,000.00 for household goods. The current law just allows a $ 10,000.00 household goods exemption.
    • The age to apply will be 45, but if the applicant can prove he/she has a stable income there will not any limit for the age, so younger people can get the approval and get their residency in Nicaragua under this law.
    • I didn’t read but I am sure if the replacing of the car will be every four years, residency can must be every four years too.
    • The law will be clear in order to accept the Naturalization Certificate instead of the Birth Certificate, i.e.: an American citizen who was born in Hong Kong or any other country will be able to submit his/her Naturalization Certificate.
    • There will be a tax exemption in the 15% IVA, for Residents covered by this law for any construction material to build a house in Nicaragua in local purchases for the first $ 50,000.00.
    • Tax exemption from the IVA (15%) in car rentals in Nicaragua.
    • However, the minimum amount to apply will be $ 600 for the applicant and $ 150 for each dependent, instead $ 400 for the applicant and $ 100 with the present law.

    It is really important to say the law doesn’t have a retroactive effect, so the people who actually are resident don’t have to prove or raise their incomes and will get the same benefit as new residents.

    This new law will be ready if everything is ok this year. INTUR is expecting it in the next 3-4 months, but it will depend on the National Assembly (Nicaraguan Congress) and their members. As soon the law is ready I will resume taking about it.

    So, for people who are considering live in Nicaragua as retirees this is really Good News!

  3. #3

    Default Re: How to obtain residency

    Thanks for the information. When I was considering it and had obtained an attorney, you also had to post a bond...in the event that they wished to deport ya.....anything on this? No one seemed to know the about of the bond or if you would ever get this money returned.

  4. #4

    Default Re: How to obtain residency

    Quote Originally Posted by robertharvey View Post
    Thanks for the information. When I was considering it and had obtained an attorney, you also had to post a bond...in the event that they wished to deport ya.....anything on this? No one seemed to know the about of the bond or if you would ever get this money returned.
    The amount "was" somewhere between U$400-U$650 and its money deposited into the governments bank account for your plane ticket to the nearest airport in the US if your kicked out.

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    Default Re: How to obtain residency

    Sorry folks, but all this stuff does not flush.......

    As a witness of my neighbor Mr. Dale, retired, owns property here, married to a Nica, has a 3 year old daughter......

    Has run into road block after roadblock.....It does not work that way any more.....
    To be called a "Has Been" I must surmise, is much Greater than to be called a "Nevah Been"... JW...



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    Default Re: How to obtain residency

    How did he do it?

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    Default Re: How to obtain residency

    Quote Originally Posted by Jonh View Post
    How did he do it?
    He didn't still leaves twice a year, fed up with the beuaricy red tape, and lawyers.....
    To be called a "Has Been" I must surmise, is much Greater than to be called a "Nevah Been"... JW...



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    Default Re: How to obtain residency

    I was jut going to forward this info to a Fla. cit interested in investor residency.....

    This thread lacks contact info for Paul......
    To be called a "Has Been" I must surmise, is much Greater than to be called a "Nevah Been"... JW...



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    Default Re: How to obtain residency

    Paul Tiffer Rodríguez
    Abogado y Notario Público
    Tiffer & Asociados
    Hospital Militar 1 Cuadra al Lago
    1 Cuadra Abajo; # 1210
    Teléfonos: (505) 22548142 - 22668622
    Celular: (505) 88841652
    Managua, Nicaragua

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    Default Re: How to obtain residency

    Paul asked me to post this update to the residency process:

    Hello Everybody:

    Last Wednesday the 12th of August there was published in LA GACETA, Number 151, the Law 694 named: “LEY DE PROMOCION DE INGRESO DE RESIDENTES PENSIONADOS Y RESIDENTES RENTISTAS” approved by the National Assembly (Nicaraguan Congress), last June 18th.

    With this law, The Nicaraguan Government is changing the previous Law #628 from 1974. The new law has several advantages over the last one, such as more details about the procedure to get Residency in the two standard ways: Retirement or with Private income. There are more definitions and it is going to be useful for both parts the Government INTUR - Instituto Nicaragüense de Turismo or the Tourism Nicaraguan Tourism Institute, which is the government’s Department in charge of applying this Law.

    In my opinion it is the result of many years of application of the previous law which had several gaps and we Lawyers, Retirees and INTUR had to figure out what to do with those gaps. Now we have a comprehensive Law and it will not be subject to personal interpretations, most of it at least. The new Law has some of the same benefits as the old one, but they are improved, and it includes some new ones.

    This commentary is to explain the most important part, the gist of the law, and not to describe the structure or explain one by one the 27 articles of the Law.

    The objective of this Law is the promotion of the Special Tourism, and gives many people the opportunity to come to Nicaragua to live for a long period of time as a Resident (five years). To people who brings an minimum income, it gives a special fiscal treatment with tax exemptions.

    To take advantage of this law and get the benefits, people who are going to apply must prove a monthly income of Six hundred American dollars ($ 600.00) for Retiree and Seven hundred fifty American dollars ( $ 750.00) for people with privates incomes; i.e. benefits or incomes from Investments, Certificate of Deposits for five years, Bonus, Revenues, Stocks, Rents, Retirement Plans, etc. Dependants could be parents of the applicant, spouse (husband or wife), children under 21 years old; or any other relative in the four grades who are dependents of the applicant. The applicant must have an income of One hundred fifty American dollars ($150.00) for the each dependent.

    Nicaraguans who have been living more than ten years abroad and have an income coming from abroad, according the Law, can get the benefits of this Law.

    The Benefits are:

    1. Get a Stable Residency for five years.
    2. Exemption from payment of the one way ticket out of the county for the applicant/resident.
    3. A tax exemption for a vehicle C.I.F. (Cost, Insurance and Freight), for twenty five thousand dollars ($25,000.00); if the price of the vehicle is over twenty five thousand dollars ($ 25,000.00) the Resident will pay taxes on the difference. This vehicle can be changed with tax exemption every four years. Vehicles can be imported from the country where the applicant comes from or buy it in Nicaragua in both cases will be a tax exemption.
    4. A tax exemption of twenty thousand dollars ($ 20,000.00) for household goods. There is a comprehensive list of articles that can be considered household goods. i.e.: “household goods are the new or used goods that help or allow living comfortably in a house.”
    5. A tax exemption of fifty thousand dollars ($ 50,000.00) of the VAT (value added tax) of construction materials to build a house to live in.
    6. Tax exemption of the VAT in rental cars of the Resident under this law, for his personal use in Nicaragua.


    Requirements:

    People who want to apply and get these benefits must submit these documents:

    1. Application form.
    2. Income certification
    3. Birth Certificate
    4. Two pictures
    5. Heath Certificate
    6. Photocopy of the passport
    7. Marriage License
    8. Police Record Certificate
    9. List of the household goods and vehicle’s documentation
    10. Naturalization Certificate for people who have a different nationality than where they were born.

    The whole documentation must be Apostilled (given Consular Legalization) and Authenticated in the country where the documents come from, for the Nicaraguan Consulate.

    Obligations:


    1. Live in Nicaragua at least six months per year, it could be continuous or discontinuous. However, with the INTUR’s authorization there could be exemptions, i.e. heath reasons or having investments in real estate over Seventy five thousand dollars ($ 75,000.00) in Nicaragua.
    2. Submit every year to INTUR, documentations to prove that his/her income comes to Nicaragua.
    3. The renewal every five years of the Residency according to the Residency Law of the Immigration Department

    Prohibition:

    1. The Resident can’t work in Nicaragua with government money; but could do private investments in a business and prove investments in real estate over Seventy five thousand dollars ( $ 75,000.00) in Nicaragua in accordance with the Ministry of Economy and Development’s approval. People like scientists or professors in Universities or Research Institutes will be able to work in Nicaragua.
    2. People who build a house for personal or private use, with tax exemptions in construction materials, can’t transfer the house for ten years or they must pay the taxes on those materials.

    The age to apply:

    The legal age to apply for both Retiree and Private Income applicants is forty five years old, however the same Law in article 23 exempts people who are previously retired for medical reasons or with private income clearly proven. That means, to apply as Resident with Private Income there are no limitations.

    The previous Law of 1974’s effect and Residents:


    People who got residency before this law went into effect will be covered, even if their incomes are lower than that required by the new law; the law doesn't have a retroactive effect, so the people who actually are resident don’t have to prove or raise their incomes and will get the same benefit as new residents.

    REGULATIONS:


    INTUR is at the present time working on the regulations of this Law, on the rules of the application. I will send my opinion to the Director of the Legal Department about the gaps and suggestions that, based on my expertise, must be considered.

    This is a modern Law which offers several advantages over the last one, and I am pretty sure it will be a wonderful tool for “ex pats” who want to live in Nicaragua.

    Thank you, and of course I will be pleased to assist everyone.

    Paul Tiffer
    Attorney at law, Public Notary
    Tiffer & Associates
    Cell Phone: (505) 8884-1652
    Managua, Nicaragua
    ptiffer@cablenet.com.ni

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