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Immigration Brief

Navigating Change: Why 34 Years of Legal Expertise Matters

Dear valued clients and partners,

First, a note of caution: we have heard of rumours regarding a possible rise of the minimum investment threshold for the Panama Program. We have verified this with the authorities and can confirm there is no such discussion underway in Panama. Any such changes would be subject to extensive legislative debate and government oversight before taking effect. These rumours are often used as a recurring marketing “method” to encourage people to sign “now, before it is too late” ... We monitor these developments closely and will advise you if such a discussion take place in Panama and for now, there is no reason to rush any decision.

This situation highlights a broader truth about our industry. Over the past 34 years, I have seen the investment immigration landscape evolve dramatically. If there is one truth to share, it is that immigration law is not a discipline mastered in a classroom, nor is it confined to a courtroom; it is honed through decades of relentless, hands-on practice.

When individuals or families first explore investment immigration, they often encounter general consultants who can be helpful for initial, high-level overviews. However, as our clients quickly discover, the profound benefit of partnering with a licensed law firm becomes clear the moment complexities arise.

No worries, the following is not a rant against consultants, there are good ones and they do serve a purpose and help to “share the gospel”, as long as it is professionally done and based on legal facts and not rumours as mentioned above.

Consider the landscape in 2024, when the Caribbean Memorandum of Agreement (MoA) was implemented, standardizing the minimum investment to US$200,000, the market was flooded with panic and conflicting information from unlicensed agents. At Harvey Law Group (HLG) our team moved quickly to identify transitional provisions and advise clients precisely on how the changes affected their existing and planned applications.

A more recent example: Consider the recent announcements from Portugal's Minister of the Presidency, António Leitão Amaro, on the country's Golden Visa program following the recent law doubling the naturalization timeline. The Minister accused licensed practitioners of propagating false promises regarding an automatic pathway to citizenship. This exposes precisely why the professional distinction matters. Legal teams are now representing over 500 affected investors and are mounting a collective lawsuit against the state.

When abrupt policy shifts imposed imminent deadlines, the infrastructure of a global law firm became a critical asset for our clients. We were able to deliver legal opinions and document certifications entirely in-house, thereby eliminating delays caused by reliance on third parties.

Furthermore, as global mobility increases, more of our clients generate capital through multi-jurisdictional dividends or cryptocurrency, requiring a sophisticated analysis of intricate financial statements. For rigorous programs like the US EB-5 or New Zealand AIP, standard checklists are simply not enough to demonstrate clear Source of Funds. As business immigration lawyers, we meticulously structure some of the most complex wealth profiles to meet the strict evidentiary burdens of government adjudicators.

We see this distinction play out in the face of government processing delays. The Canada Start-Up-Visa (SUV) is clear example. It is a multi-stage process handled by different IRCC officers, each carrying its own procedural requirements and the sheer length exposes any applicant to hurdles. These hurdles take many forms: a refusal over misread payment receipt, an officer's misapplication of how common-law partnerships are defined, or a file stalled at security checks until we push them through the court process. The reality is this happens to 30% of our SUV clients. Lawyers review case-law, assess grounds for judicial review or whether a Mandamus application - to compel the government to act - is appropriate. This reflex cannot be improvised - it is built through decades of practice.

Putting such complexity into perspective, let's look at the U.S. law, regulations, and policy pertaining to the popular EB-2 and EB-5 categories. Together, these sources comprise thousands of pages of dense, technical rules and principles. Now try to imagine a non-lawyer trying to understand all this on their own, while staying abreast of constantly evolving jurisprudence and administrative updates. Faced with that reality, who will you choose to handle your case?

Ultimately, a global law firm provides an invaluable, built-in network for our clients. As their families and businesses expand, HLG provides the seamless support needed, allowing clients to move forward without having to re-explain their financial history or vet new local counsel.

Navigating international law, complex financial structuring, and government bureaucracy requires the strategic oversight of an experienced and dedicated legal team.

To put it simply: you wouldn't trust a family doctor to perform a heart surgery. The same principle applies to your family's global mobility.

If you are weighing your options under shifting rules, speak with a licensed lawyer before you act, not after. Reply to this email or reach our team at www.harveylawcorporation.com, and we will give you a straight answer based on the law as it stands.

— Jean-François Harvey

HLG Global Managing Partner


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