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What does your country’s immigration laws say about same-sex couples looking to gain residency via investment?

Are there any limitations in the RCBI laws when it comes to same-sex couples? How can same-sex couples, married or unmarried, with adopted children gain residency (plus passport/citizenship, if applicable) visa investment?


Answers
  • Aslan Attorney
    August 29, 2021

    Same-sex marriage is not possible under Turkish law. Although it is not clearly regulated in the Turkish civil code, it is accepted that marriage is a legal relationship that can only be established between a woman and a man. In many provisions of the law, there are many statements that marriage can only be established between a woman and a man (such as TMK Articles 124, 134, 136). As a matter of fact, in accordance with the Marriage Regulation, marriage is defined as “an official agreement between a woman and a man in order to establish a family before a duly authorized official” (Regulation art. 2, f). In law, marriage is between a man and a woman, which is considered to be the founding element of marriage. Therefore, same-sex marriage is null and void under the law of the Republic of Turkey.

  • Foutsis & Partners Law Firm
    August 02, 2021

    Same sex couples are treated equally and are eligible for getting residence if they have signed a notarized civil agreement declaring that they live together as a couple.

  • Barlas Law Firm
    July 30, 2021

    Since same-sex marriage is prohibited in Turkey, unfortunately, such couples cannot acquire citizenship at the same time through a single investment. However, if two different investments are made, the two individuals in the relationship would be able to acquire Turkish citizenship individually. However, since their marriage would not be considered as valid in any way, they would not be registered as a married couple in Turkey and would have to register as single individuals. In addition, the adopted child may have the right to acquire citizenship as the child of one of the family members.

  • Delissen Martens
    July 30, 2021

    The Dutch immigration laws do not distinguish between same-sex and opposite-sex relationships or marriages. Adopted children under age 18 can join, as long as the adoption has taken place in accordance with international law (Hague Convention of 1995). A same-sex partner or spouse and lawfully adopted children can easily qualify for dependent residence permits, if the sponsor also qualifies for a residence permit. The possibility to qualify for a residence permit on the basis of investment will be very limited as the Dutch government has already decided to discontinue the investment residency scheme in the second half of 2021.

  • Mulford Abogados
    July 29, 2021

    Since Panama has not yet approved same-sex marriages, each partner needs to apply as principal, which means, not as a family, but as an individual applicant, with their own investment.

  • Panama Global Solutions
    July 29, 2021

    At the moment, same-sex couples are not yet acknowledged as a legal marriage, hence, limiting the possibility of applying under one single residency application. However, both spouses may apply separately, including for adopted children under one of the applications. This would allow all family members to obtain a permanent residency status.

  • Alter Domus (MM2H) Sdn. Bhd.
    July 29, 2021

    Same gender marriage is not recognized in Malaysia.

  • CA Advocates (Pourgoura & Aspri LLC)
    July 29, 2021

    Unfortunately, all immigration rules in Cyprus do not apply to same-sex marriage couples.

  • Caribbean Commercial & IP Law Practitioners
    July 29, 2021

    They would have to apply separately as single individuals in order to be eligible applicants as Dominica's laws do not recognize same-sex unions.

  • Mazzeschi Srl
    July 29, 2021

    RCBI Italian laws do not have any specific provisions regarding same-sex couples. Standard rules shall apply.

  • BIZ Consult Limited
    July 29, 2021

    It is possible for same-sex couples to apply for both programs: MEIN and MPRP. Same-sex couples in Malta have the right to marry or form a civil union. The latter provides couples with exactly the same legal rights and responsibilities as a marriage, including the right to jointly adopt children.

  • Nakai Immigration Services LPC
    July 29, 2021

    A same-sex partner of a work visa holder is allowed to stay when they can submit an official marriage certificate to the Japanese immigration authorities. In other words, there is a slim chance to obtain visa status without the marriage registration. There are no RCBI laws in Japan to regulate the scope of dependent status.

  • Synergia Technical and Consulting SA
    July 28, 2021

    According to the Greek Immigration law, family members of third-country citizens and investors are eligible for Golden Visa benefits through property acquisition; family members include the spouse or partner with whom the third-country national has a cohabitation agreement in Greece. Regarding the cohabitation agreements, there is no restriction on same-sex partners who have a cohabitation agreement in Greece to become eligible for Golden Visa program.

  • July 28, 2021

    The laws of St. Kitts and Nevis do not recognize same-sex marriages and as such all same-sex married couples are not allowed to apply for citizenship of St. Kitts and Nevis.

  • Citizens International
    July 28, 2021

    Currently, same-sex spouses cannot be included in citizenship applications via the Caribbean citizenship by investment programs. A separate application would be required with a separate investment. Adopted children can be included in the same way biological children can be included as long as all the legal adoption paperwork is provided and acceptable to the government. In the case that a main applicant and same sex spouse want to apply for citizenship together with adopted children, I would make one application for each parent and the children would be included as dependents in the application of the parent who is their legal guardian via adoption. If both parents legally adopted the children and both are legal guardians, then the children could be included in either of their adoptive fathers’ or mothers' applications.

  • CITZENSHIP AND INVESTMENTS LTD
    July 28, 2021

    The Bulgarian immigration and citizenship legislation does not explicitly specify anything about same-sex couples or adopted children. Such cases get decided within the framework of relevant national and EU legislation in accordance with the Bulgarian Constitution and the case law of the European Court of Justice.

  • JTH Lawyers Inc.
    July 28, 2021

    Canada recognizes same-sex marriages as well as unmarried de facto spouses. And if local laws prevent people from living together, there are even exceptions so that they can be reunited in Canada. In a nutshell, Canada is a tolerant & open country.

  • Kraemer & Kraemer
    July 28, 2021

    Same-sex marriages are not recognized in Panama. Usually, same-sex couples will file two separate residency applications. The children can be added to the main applicant.