Identity Malta Agency, Mediterranean Conference Centre, Old Hospital Street, Valletta, VLT 1645,

Transcription

1 Residency & Visa Malta Guidelines_v nd Feb RC Identity Malta Agency, Mediterranean Conference Centre, Old Hospital Street, Valletta, VLT 1645, residencyvisamalta@identitymalta.com Malta Residence and Visa Programme (MRVP) Checklist and Guidelines Please read carefully before completing the relevant application forms. 1

2 Section 1. Introductory Notes The following document provides information for those applying for a residence certificate under the Malta Residence and Visa Programme (hereinafter referred to MRVP) regulated by Legal Notice 288 of The following link refers to the former Legal Notice: The main steps. The main steps of the application process are: - Signing of an agreement between the prospective beneficiary (applicant) and the Registered Approved Agent and / or Registered Accredited Person (hereinafter referred to RAA / RAP) for the latter to act on the Applicant/s behalf in terms of the Programme refer to Appendix; - Submission of application forms pack by the Registered Approved Agent and / or Registered Accredited Person to Identity Malta (please refer to appendix) including a covering Letter from RAA / RAP stating why the applicant is interested in obtaining residency in Malta; - Non-refundable administrative fee of 5,500 Euro paid up front at the time of submission of application; - Formal acknowledgement of the application and supporting documentation by Identity Malta Agency (hereinafter referred to IMA); If necessary, provision of any further documentation or information as and when requested by IMA; - A thorough assessment of the respective application by IMA followed by the issuing of a Letter of Notification confirming Approval or Refusal; - Payment of 24,500 Euro, representing fee of 30,000 Euro, less the non-refundable administrative fee paid upon presentation of the application; - Issuance of the Certificate of Residence to beneficiary as per legal notice, stating the names of dependents included in the programme; - Beneficiary and dependents to be issued with a residence permit (in the format of an electronic residence card) reflecting the right of residence in Malta on the strength of the programme for an initial validity period of five years. Residence permits will be renewed provided conditions of the programme continue to be adhered to. 1.2 Summary of Financial Obligations The following outlines the financial and other obligations of the beneficiary under the MRVP Payment of non-refundable fee On application a non-refundable fee of 5,500 Euro is paid to IMA. Letter of Notification of Approval If the application is acceded to, the applicant is to pay the remaining balance of 24,500 Euro upon issuance of the respective Letter of Notification of Approval. Qualifying owned property or qualifying rented property 2

3 Following the issuing of a Letter of Notification of Approval, the beneficiary has to provide evidence of: Title to property to be held for a minimum period of 5 years from date of certificate of residence valued not less than 270,000 if situated in Gozo or the South of Malta and 320,000 if situated in Malta. Or Lease of residential property with a minimum annual rental value of 10,000 Euro if situated in Gozo or the South of Malta or 12,000 Euro is situated elsewhere in Malta. Localities for the purposes of the definition of "South of Malta" are: Birzebbugia, Cospicua, Fgura, Għaxaq, Gudja,Kalkara, Luqa, Marsascala, Marsaxlokk, Mqabba, Paola, Qrendi, Safi, Santa Luċija, Senglea, Siġġiewi, Tarxien, Vittoriosa, Xgħajra, Żabbar, Żejtun, Żurrieq and Kirkop. The address of the property should be the place of residence for the beneficiary for at least the first five years from the appointed date. The beneficiary cannot transfer ownership of property to third parties nor is he/she allowed to rent it out during the five year period. During the five year term, should the beneficiary opt to purchase or lease a different property, he shall notify his agent accordingly. The agent is obliged to forward both the promise of sale and the contract of purchase to IMA. The same applies when leasing a new property. During the first five year period, the beneficiary is to adhere to the values established through LN 288 of Qualifying Investment Required investment in a form to be determined from time to time by IMA, having an initial value of two hundred and fifty thousand euro ( 250,000), which must be held for a minimum of period of 5 years from the date of certificate. Section 2: General Notes on Submission of the Application Forms The following notes explain which documents and forms are to be used in making an application both by the beneficiary as well as dependents. In case of particular situations, the RAA / RAP is encouraged to contact IMA in order to clarify matters prior to the submission of the relevant application. The application procedure is as follows: 1. All applications will be examined by IMA. 2. It is mandatory that the entire application form is completed by the applicant and/or his agent and endorsed and signed by the applicant. If a particular field is not applicable, N/A should be inserted or the appropriate tick-box marked accordingly. The use of corrective fluid/tape is not permissible. In case of any error, cross it out, initial and date the correction in legible manner. The RAA / RAP can also make amendments to the forms but only if Power of Attorney signed by the beneficiary is submitted as part of the application. Likewise, amendments made by the RAA / RAP should be initialled and dated in legible format. 3

4 3. Application Forms can only be processed if properly completed, dated and signed. In the case of Form MRVP, the Commissioner for Oaths must be a person who under the law of the country where the oath is taken, is empowered to administer oaths. For compliance purposes, the application forms can only be processed if each and every form is completed properly, dated, signed and bearing the initials on each page by both the applicant and the chosen Commissioner for Oaths. The forms need to be accompanied by all required documents as well as declarations witnessed by the Commissioner for Oaths. The latter must include, in a clear and legible format, the date, their full name, capacity and designation in which they are acting, residential or business address, telephone number and address. 4. The National Police Conduct Certificate is the only document which may be handed in separately after the submission of other documents but prior to the Letter of Notification of Approval. The document should be an original, and if in a foreign language it is to be translated into English. The conduct certificate shall not be older than 6 months. 5. A certified true copy document means a photocopy of an original document certified by a warranted lawyer, a public notary, a Maltese consular or diplomatic officer, Identity Malta or a senior officer of an Authority appointed by IMA. A certifier can only be someone who is not related to the party by consenguintiy or affinity to the party who is being verified. 6. As part of the certification process and for authenticity purposes of every document, the certifier must; provide signature, stamp/seal, and date on the document; List full name clearly and in capitals; State position and capacity with any relevant professional body and give membership number; and Provide full address and telephone and/or address at which he/she may be contacted. 7. In case of foreign based Notaries or Lawyers, any certification must be authenticated by an Apostille (certification) according to The Hague Convention of 5 October 1961, abolishing the Requirement of Legalisation for Foreign Public Documents. In case of jurisdictions which are not party to the Hague Convention, authentication of the certification should be sought from the appropriate government department and legalised by the Maltese Diplomatic Mission accredited to the country of origin of the document. 8. Additional information and/or documentation (original or certified copy documents) may be requested by IMA even after completion of phase one as the case may be. Applicants should proceed to submit such information/documentation in a timely manner as applications would be placed in a dormant state until the requests are fulfilled. Section 3 - Forms and Supporting Documentation The following information provides guidance on completing the applications forms, that is, Form MRVP and Forms MRVP Annex I-III. In case of complex situations, it is highly advisable to contact IMA prior to the submission of the application. 4

5 3.1 Form MRVP The beneficiary is required to fill in Form MRVP. Section A Beneficiary should list in Section A the dependents who would be included in the programme and indicate the relationship to him/her. The following is required: All birth/marriage/civil status certificates that show relationships and any other document which IMA may require in order to determine the dependency of the person concerned. In the case of minors, consent by both parents is required in order that s/he may be included in the programme the relative documentation required is provided for in Form Annex I. If one parent/legal guardian holds sole custody of the minor, the relevant court documentation attesting custody rights should be submitted. Original documents or certified documents (please see 2.5) are required in so far as all documentation mentioned in this section is concerned. Section B This section indicates the additional forms to be submitted in relation to personal details concerning the beneficiary. In this regard s/he is required to fill in Forms Annex I, Form Annex II and Form Annex III. Section C This section contains declarations to be made by the beneficiary mainly regarding his/her background, the commitments s/he would need to fulfil if granted a residence certificate and others of a general nature concerning the operation of the programme. Conduct certificates should be attached in respect of beneficiary for more details see note below in section 3.5. Section D This provides for any additional information which may be required in connection with the application. Section E Data protection information is provided for in this section. Section F This section provides for the signing of the form in the presence of a Commissioner for Oaths Section 2.3 refers in this respect. 3.2 Form MRVP Annex I 5

6 This form should be filled in by both the beneficiary and dependents except Section B which should be filled in the case of beneficiary only. It contains personal information covering all the persons to be included in the certificate. It is obligatory that the documents presented with this form, are certified as true copies of the pages of international passports recognised by the Malta Authorities. They are to contain the following information: The passport number, date, place of issue and expiry; A recent photograph, name, date and place of birth; Issuing country and signature; and Passport amendment page(s) detailing any specifications or revisions (e.g. Visas, Immigration Stamps, etc ). 3.3 Form MRVP Annex II To be filled by beneficiary and all dependents. It contains information about the health condition of the beneficiary and dependents. 3.4 Form MRVP Annex III To be filled only by dependents in the case of minors, only in respect of those who are over 12 years of age, conduct certificates are to be attached with each form for dependents. In this regard please note the following: All applicants aged twelve (12) and over at the time of application must provide an original police conduct certificate from each country the individual has resided in for a minimal cumulative period of six (6) months and over in the last ten (10) years and for all countries of citizenship held. Police certificates must be originals and less than six (6) months old. Police certificates have to be certified from the national police system of the applicant s country. Any certified true copies of police conducts will not be accepted. Any Police Conduct Certificates which are not in the English language should be translated accordingly. In certain countries, police authorities will only send the certificate directly to other foreign governments requesting it. In such cases, the certificate should be sent to the following address: Malta Residency and Visa Programme (MRVP) Identity Malta Agency, Mediterranean Conference Centre, Old Hospital Road, Valletta VLT 1645 Malta 6

7 Section 4 Submitting an Application Once all the forms are completed and supporting documentation prepared the RAA / RAP can proceed with the submission of the application pack to IMA. The RAA / RAP shall submit with the application evidence through a know your customer basis, any due diligence processes, carried by the said RAA / RAP confirming that there is no a priori evidence that the prospective beneficiary and his/her dependants are not fit and proper persons. Following the necessary checking, IMA will inform RAA / RAP accordingly by an official letter which will include the Payment Request Voucher (hereinafter referred to PRV) for the non-refundable fee of 5500 Euro. Further to the documentation above and those indicated in section 2 the following documents are also required: - Presentation of evidence that beneficiary and all dependants are covered by Sickness Insurance in respect of all risks across the whole of the European Union normally covered for Maltese Nationals for himself and for his dependents; - As regards to the assets/income condition o A statement of Source of Funds and Wealth form including bank statements covering a minimum of 3 months from which the above funds will be remitted; o Evidence of employment and/or business ownership if any; and o A declaration that the beneficiary is in receipt of a stable and regular resources which are sufficient to maintain himself and all of his dependants without recourse to the social assistance system in Malta; - In the case of dependents that are not economically active and principally dependent on the applicant, the latter has to provide an affidavit of dependency stating why his adult children and/or parents / parents-in law are to be considered as being dependent on him in line with the LN requirements; - In those cases where one parent has sole custody of a dependent or another person has legal guardianship of a dependent, the relative court documentation in this respect, needs to be provided accordingly. Where the other biological parent is not part of the application (because s/he is separated, divorced, not applying, etc) but will still sign the dependent s form, due diligence documentation (certified true copy of passport data page and page including signature) for this parent must be provided as a means of verification. Section 5 Processing Phase IMA will conduct the necessary due diligence processing in order that a final decision can be taken on the application. In the interim period IMA will do its best to facilitate access to Malta as the case may require. Section 6 Issue of Certificate and Residence Permits Notification of Approval will be by letter to the beneficiary through the RAA / RAP. 7

8 Subsequently, a certificate including the names and surnames of dependants will be issued but only after: Payment of the contribution balance of 24,500 Euro; The lease or purchase agreement of property as outlined in section 1.2; Evidence of possession of a Sickness Insurance in respect of all risks across the whole of the European Union normally covered for Maltese nationals for himself/herself and his dependants; Evidence of title to the investment portfolio referred to in section 1.2; All persons mentioned in the certificate will be entitled to residence permits reflecting their immigration position in Malta. The permit will be in an electronic plastic format issued by IMA. All persons concernedhave to submit an ad hoc application form and capture biometric metric features, that is, facial and finger prints of the applicant at IMA. The validity of permits is for a duration of five years from date of issue renewable for further periods of five years provided that all conditions under LN 288 of 2015 will continue to be met. The certificate has permanent validity but would be withdrawn if the relative conditions are not complied with. Conditions are monitored annually for the first five (5) years and then once every five (5) years.. Monitoring shall be carried through the Official Compliance Form (hereinafter referred to OCF) which the beneficiary must submit to IMA through his RAA / RAP in order to confirm his or her eligibility. IMA reserves the right, following the initial five year period to request from the beneficiary s RAA /RAP any other information as it deems appropriate. The beneficiary, shall cease to benefit from a certificate issued under these regulations if at any five year period from the appointed day, s/he stays legally and continuously in Malta for periods that exceed either six consecutive months or an aggregate period of ten months. The period outside Malta has to be declared by the beneficiary through his RAA / RAP in the OCF provided by IMA as referred above. Appendix Legal Notice 288 of 2015: Malta Residence and Visa Programme Regulations, Malta, by means of the above-mentioned Legal Notice which was issued as subsidiary legislation of the Immigration Act (Cap 217), has launched a residence programme which enables Third Country Nationals to take up residence in Malta provided certain conditions are satisfied. The following highlights the main provisions of the said legislation: Who is eligible to Apply? The regulation defines the third country nationals who are eligible to qualify for such a programme. The Regulation terms such individuals as the beneficiary. In this regard the definition excludes nationals of Iceland, Norway and Liechtenstein, although they are regarded in terms of the EU Treaty 8

9 as third country nationals. Other categories of third country nationals are excluded from eligibility to qualify for such a programme sub-regulations 8 and 9 explicitly define such categories. Such exclusion also includes the dependents of the beneficiary. Who may be included as a Dependent? The following family members are defined as dependents: (a) the spouse of the main applicant in a monogamous marriage or in another relationship having the same or a similar status to marriage, unless the Minister authorises otherwise on a case by case basis; (b) a child, including an adopted child, of the main applicant or of his spouse who is less than eighteen years of age; (c) a child of the main applicant or of his spouse who is between the age of eighteen and twenty-six years and who is not married and who proves, to the satisfaction of the Minister, that he is not economically active and is principally dependant on the said person; (d) a parent or grandparent of the main applicant or of his spouse who proves to the satisfaction of the Minister that he is not economically active and is principally dependant on the said person; or Cap (e) a child of the main applicant or of the spouse of the main applicant who is at least eighteen years of age, and who has been certified by a recognised medical professional as having a disability in terms of the Equal Opportunities (Persons with Disability) Act and who is living with, and is fully supported by, the main applicant. How are applications submitted? The Regulations stipulate that applications are to be submitted by applicants through Registered Approved Agents or Registered Accredited persons. The definition of such persons is found in subregulation 2 "approved agent and, or accredited person" means a person who is in possession of a warrant to practice as an advocate under the Code of Organisation and Civil Procedure, a person who holds a warrant to practice as a legal procurator under the Code of Organization and Civil Procedure, a person who has been appointed notary public in accordance with the provisions of the Notarial Profession and Notarial Archives Act, a person who holds a warrant to practice the profession of accountant under the Accountancy Profession Act, a person who is a member of the Malta Institute of Taxation or a person who is a member of Malta Institute of Accountants or a person who is a member of the Institute of Management: Provided that a person that is not an individual, having at least 75% (directly or indirectly) of its shareholders, partners or other members, as the case may be, who are persons in possession of the above-mentioned warrants or being a member of the abovementioned institutes, shall also be eligible to be an approved agent and, or accredited person; 9

10 "registered approved agent and, or registered accredited person" means a person or entity who has satisfied the criteria set by Identity Malta and which in any case is already registered as an authorised registered mandatory with the Inland Revenue Department or is already registered as an approved agent and, or registered as an accredited person with Identity Malta under any other scheme or regulation; Their function is outlined in sub-regulation 12. How does one qualify for a certificate under the Programme? 1. The applicant and dependents have to be persons who may not be a potential threat to national security, public policy or public health and the Regulation goes into detail as to what are the considerations to be taken into account and lists the documentation in order to determine that there is no such threat. 2. The applicant (beneficiary), has to pay a fee of 30,000 Euro, made up of a non-refundable sum of 5,500 Euro on application and the balance upon the issuance of a Letter of Notification of Approval. 3. He has to declare that from the date of the application onwards he has either an annual income of not less than hundred thousand euro ( 100,000) arising outside Malta or has in his possession a capital of not less than five hundred thousand euro ( 500,000). He must provide evidence of property and investment. - Property Investment Obligation Title to property to be held for a minimum period of 5 years from date of certificate valued in excess of 270,000 if situated in Gozo or the south of Malta or 320,000 if situated elsewhere in Malta. Or Lease of residential property with a minimum annual rental value of 10,000 Euro if situated in Gozo or the south of Malta or 12,000 Euro if situated elsewhere in Malta. Localities for the purposes of the definition of "south of Malta" are: Birzebbugia, Cospicua, Fgura, Għaxaq, Gudja,Kalkara, Luqa, Marsascala, Marsaxlokk, Mqabba, Paola, Qrendi, Safi, Santa Luċija, Senglea, Siġġiewi, Tarxien, Vittoriosa, Xgħajra, Żabbar, Żejtun, Żurrieq, Kirkop - Portfolio Investment Obligation Required investment in a form to be determined from time to time by Identity Malta having an initial value of two hundred and fifty thousand euro ( 250,000) which must be held for a minimum of period of 5 years from date of certificate. - He has sickness insurance for himself and his family. What is the result of a successful application? The Regulation stipulates that a certificate is to be issued, with an indefinite validity provided that the conditions laid down in the Regulation are adhered to. The certificate gives the right of residence in 10

11 Malta to the beneficiary and to dependents mentioned in Sub-regulations 8 and 9. IMA is empowered to monitor that conditions are adhered to. What monitoring is required following the issue of a residence certificate? Annually during the first five years and then once every five years, from the appointed date, the beneficiary would be required to submit an OCF signed by him /her and RAP / RAA: - Confirming that s/he still satisfies the above-mentioned conditions concerning assets/income, title to property in Malta and investment portfolio. (A change regarding the details concerning the said conditions should be reported accordingly). - Detailing periods of absences from Malta during the previous year/s; - Stating that s/he and his/her dependents are in possession of a valid travel documents (photocopies from the page containing bio details are to be submitted); - Advising of any changes in his/her civil status and those of his/her dependents; - Confirming that s/he and his/her dependents hold sickness insurance cover as stipulated above (a copy of the said policy is to be submitted); and - That in the case that s/he has qualified for the said certificate on the basis that s/he has in her/her possession assets amounting to 500,000 Euro, s/he is in possession of an annual income of 100,000 Euro for each person included in the relative certificate Subsequently, after the initial five (5) year period, the property and portfolio conditions shall not be monitored. 11