Malta Residence and Visa Programme Guidelines

Transcription

1 Malta Residence and Visa Programme Guidelines Page 1 of 11

2 Introduction The Republic of Malta, by means of the Legal Notice 288 of 2015: Malta Residence and Visa Programme Regulations, 2015, amended by Legal Notice 189 of 2017 ( ) issued as subsidiary legislation of the Immigration Act (Cap 217), has launched a residency programme which enables third country nationals to take up residency in Malta provided certain conditions are satisfied. The Malta Residence and Visa Programme is administered by the Malta Residency Visa Agency (hereafter referred as MRVA) by means of the Legal Notice 107 of Programme highlights The following highlights the main provisions of the said legislation: Who is eligible to apply? Third-country nationals are eligible to apply. This means that Maltese, EEA and Swiss nationals are excluded and cannot apply. EEA means the members of the European Union, Iceland, Norway and Liechtenstein. Who may be included as a dependant? The following family members are defined as dependants: (a) spouse of main applicant in a monogamous marriage or in another relationship having the same or similar status to marriage, unless the Minister authorises otherwise on a case by case basis; (b) a child, including an adopted child, of main applicant or of his spouse who is less than 18 years of age; (c) a child, including an adopted child, of main applicant or of his spouse, who at the time of application is not yet born or not yet adopted by the main applicant or by his spouse, and is born or becomes so after the appointed day; (d) a child, including an adopted child, of main applicant or of his spouse, who at the time of application is over 18, not married and who proves, to the satisfaction of the Minister, that he is not economically active and is principally dependant on the main applicant; (e) a parent or grandparent of main applicant or of his spouse, who proves to the satisfaction of the Minister that at the time of application he is not economically active and is principally dependant on the main applicant; (f) an adult child of main applicant or of the spouse who has been certified by a recognised medical professional/authority as having a disability in terms of the Equal Opportunities (Persons with Disability) Act; How are applications submitted? Page 2 of 11

3 The Regulations stipulate that applications are to be submitted by applicants through registered approved agents or registered accredited persons. What is a Registered approved agent or registered accredited person? The definition of such persons is found in sub-regulation 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 above-mentioned institutes, shall also be eligible to be an approved agent and, or accredited person; "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 dependants 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, an additional fee of 5,000 per parent and grandparent of main applicant and/or the spouse who are part of the application, made up of a non-refundable sum of 5,500 on application and the balance upon the issuance of a Letter of Notification of Approval in Principle. 3. He/she has to declare that from the date of the application onwards he/she has either an annual income of not less than 100,000 arising outside Malta or has in his/her possession a capital of not less than 500, He must provide evidence of property. 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; Page 3 of 11

4 or Lease of residential property with a minimum annual rental value of 10,000 if situated in Gozo or the south of Malta, or 12,000 if situated elsewhere in Malta. Localities for the purposes of the definition "south of Malta" are: Birzebbugia, Cospicua, Fgura, Għaxaq, Gudja,Kalkara, Luqa, Marsa, Marsascala, Marsaxlokk, Mqabba, Paola, Qrendi, Safi, Santa Luċija, Senglea, Siġġiewi, Tarxien, Vittoriosa, Xgħajra, Żabbar, Żejtun, Żurrieq, Kirkop 5. He/she must provide evidence of investment. Required investment, in a form to be determined from time to time by MRVA, having an initial value of 250,000 which must be held for a minimum period of 5 years from date of certificate. 6. He/ she must provide evidence of a sickness insurance. 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. What is the result of a successful application? The Regulation stipulates that a certificate of residence 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 Malta to the beneficiary and to dependants mentioned in subregulations 8 and 9. MRVA is empowered to monitor that conditions are adhered to. What monitoring is required following the issuance of a certificate of residence? Annually during the first five years, and then once every five years from the appointed date, beneficiary is required to submit an official compliance form signed by him /her and his/her RAA/RAP: - confirming that he/she 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 to MRVA within 4 weeks, otherwise an administrative penalty of 15,000 applies); - stating that he/she and his/her dependants are in possession of 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 dependants; - confirming that heshe and his/her dependants hold sickness insurance coverage as stipulated above (a copy of the endorsement letter is to be submitted); and - confirming that heshe still has in her/her possession assets amounting to at least 500,000 or that heshe is still making an annual income of at least 100,000. Subsequently, after the initial 5 year period, the property and investment portfolio conditions shall not be monitored. However, beneficiary must still hold a valid residential address in Malta Page 4 of 11

5 and shall still hold the sickness insurance for all individuals under the application. Each individual covered by the certificate must still have valid travel documents. The main steps of the application process 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 applicant s behalf in terms of the MRVP; - RAA/RAP conducts a KYC exercise on applicant and his/her dependants; - submission of application pack by RAA/RAP to MRVA including a covering Letter from RAA/RAP stating why applicant is interested in obtaining residency in Malta; - non-refundable administrative fee of 5,500 paid through a bank transfer within 3 working days; - formal acknowledgement of the application and supporting documentation by MRVA; if necessary, provision of any further documentation or information as and when requested by MRVA; - thorough assessment of the application by MRVA followed by the issuing of a letter of notification confirming approval in principle or refusal; - If application is approved in principle a payment of 24,500 and any relevant additional fees appertaining to dependants, representing the final fee of 30,000 plus 5,000 for every parent or grandparent of main applicant and/o spouse less the non-refundable administrative fee, is paid; - issuance of certificate of residence to beneficiary as per Legal Notice, stating the names of dependants included in the programme; - beneficiary and dependants will be asked to call at our office for biometric data capturing for the eventual issuance of the residency card; - agents will be notified to collect the electronic residency cards, reflecting the right of residency in Malta on the strength of the Programme for an initial validity period of 5 years. Residency permits will be renewed provided conditions of the Programme continue to be adhered to. 1.1 Summary of financial obligations The following outlines the financial and other obligations of beneficiary under the MRVP: Payment of non-refundable fee ( 5,500) On application, a non-refundable fee of 5,500 is paid to MRVA. Payment of remaining balance ( 24,500 + additional dependant fees if applicable) If the application is acceded to, applicant is to pay the remaining balance of 24,500 in addition to the 5,000 fee per parent and grandparent of main applicant and/or spouse. Page 5 of 11

6 Qualifying owned property or qualifying rented property ( 270,000/ 320,000-10,000/ 12,000 pa) Following the issuing of a Letter of Notification of Approval in Principle, 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 elsewhere in Malta; or lease of residential property with a minimum annual rental value of 10,000 if situated in Gozo or the South of Malta, or 12,000 if situated elsewhere in Malta. Localities for the purposes of the definition "South of Malta" are: Birżebbuġia, Cospicua, Fgura, Għaxaq, Gudja, Kalkara, Luqa, Marsa, Marsaskala, Marsaxlokk, Mqabba, Paola, Qrendi, Safi, Santa Luċija, Senglea, Siġġiewi, Tarxien, Vittoriosa, Xgħajra, Żabbar, Żejtun, Żurrieq and Kirkop. Beneficiary cannot rent out the qualifying property during the initial 5 year period. During the 5 year term, should beneficiary opt to purchase or lease a different qualifying property, he/she shall notify his/her agent accordingly. The agent is obliged to forward the contract of purchase to MRVA. The same applies when leasing a new qualifying property. During the first 5 year period, beneficiary is to adhere to the values established through LN 288 of Qualifying Investment ( 250,000) Required investment in a form to be determined from time to time by MRVA, having an initial value of 250,000, which must be held for a minimum period of 5 years from the date of certificate of residence. Residence card fees ( p.p./p.a.) Residence card fees of per individual per year should be paid for the initial 5 years. This means that one individual would pay since the card is issued for 5 years. Section 2: General notes on submission of application forms The following notes explain which documents and forms are to be used in making an application both by applicant as well as dependants. In case of particular situations, RAA/RAP is encouraged to contact MRVA in order to clarify matters prior to the submission of the relevant application. The application procedure is as follows: 1. all applications, which are to be signed using a blue ball-pen, will be assessed by MRVA;l 2. it is mandatory that the entire application form is completed by applicant and/or his/her agent and endorsed and signed by 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 Page 6 of 11

7 any error, cross it out, initial and date the correction in legible manner. RAA/RAP can also make amendments to the forms but only if a power of attorney signed by applicant is submitted as part of the application. Likewise, amendments made by RAA/RAP should be initialled and dated in legible format. 3. application forms (Form MRVP1) can only be processed if properly completed, dated and signed. In the case of Form MRVP1, 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, application can only be processed if each and every form is completed properly, dated, signed and bearing the initials on each page by both applicant and commissioner for oaths. 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 in Principle. The document should be an original and, if in a foreign language, is to be translated into English. The police 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, an MRVA or a senior officer of an authority appointed by MRVA. 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 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 signatory 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 MRVA even after completion of the initial phase, 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 Page 7 of 11

8 The following information provides guidance on completing the application and ancillary forms, that is, Forms MRVP 1-4. In case of complex situations, it is highly advisable to contact MRVA prior to the submission of application. 3.1 Form MRVP1 application form Main applicant is required to fill in Form MRVP1. Part A Beneficiary should list in Part A all the dependants who would be included in the Programme and indicate the relationship to him/her as well as their age at the time of application. The following documents/certificates are required: all birth/marriage/civil status certificates that show relationships and any other document which MRVA 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 a minor may be included in the programme the relative documentation required is provided for in Form MRVP2 Personal Details. If one parent/legal guardian holds sole custody of the minor, only he/she needs to sign the form and the relevant court documentation attesting sole custody rights should be submitted. Original documents or certified documents are required in so far as all documentation mentioned in this section is concerned. Part B This part indicates the additional forms to be submitted in relation to personal details concerning applicant. In this regard s/he is required to fill in Forms MRVP2 Personal Details and MRVP3 Medical Report and Questionnaire. Part C This part contains declarations to be made by applicant mainly regarding his/her background, the commitments he/she would need to fulfil if granted a residency certificate and others of a general nature concerning the operation of the programme. Conduct certificates should be attached in respect of applicant for more details see note below in section 3.5. Part D This provides for any additional information which may be required in connection with the application. Part E Data protection information is provided for in this section. Part F Page 8 of 11

9 This part provides for the signing of the form in the presence of a commissioner for oaths. 3.2 Form MRVP2 Personal Details This form should be filled in byapplicant and each dependant except Part C, which should be filled in by main applicant only. It contains personal information covering all the persons to be included in the certificate. It is obligatory that documents presented with this form, are certified true copies of the pages of international passports recognised by the Maltese authorities. They are to contain the following information: 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 ). It is highly recommended that copies of all passport pages are submitted. 3.3 Form MRVP3 - Medical Report and Questionnaire To be filled by main applicant and each dependant. It contains information about the health condition of each individual under this application. Form is to be signed by examining medical practitioner. 3.4 Form MRVP4 Dependant Declaration A separate Form MRVP4 is to be filled in by each dependant. In the case of minors over 14, police conduct certificates are to be submitted. No police conduct certificate is required for minors aged 14 and under. In this regard please note the following: All applicants aged 14 and over at the time of application must provide an original police conduct certificate from the competent authorities in the country of origin and in the country or countries of residence where the applicant has resided for a period of more than 6 months during the last ten 10 years and for all countries of citizenship held. Police certificates must be originals and less than 6 months old. Police certificates have to be certified from the national police system of the dependant s country. Any certified true copies of police conducts will not be accepted. Any police conduct certificates 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: Page 9 of 11

10 Malta Residency Visa Agency (MRVA) Clock Tower, Level 1 Tigne Point Sliema TP01 Malta 3.5 Form MRVP6 Clearance Form A separate Form MRVP6 is to be filled in by main applicant and each dependant over the age of 12. A copy of the biometric data page of each respective passport is to be attached to this form. The form is to be filled in using block capitals. All addresses held abroad during the past 10 years are to be listed. Section 4 Submitting an application Once all forms are completed and signed using a blue ball pen and supporting documentation prepared, RAA/RAP can proceed with the submission of the application pack to MRVA, after having called for an appointment. RAA/RAP shall submit with the application evidence through a know your customer basis, any due diligence processes, carried by RAA/RAP confirming that there is no a priori evidence that prospective beneficiary and his/her dependants are not fit and proper individuals. Following the necessary checking, MRVA will inform RAA/RAP accordingly by receipt of submission bearing MRVA bank details to which the non-refundable fee of 5,500 is to be transferred. Further to the documentation above, and those indicated in Part 2, the following documents are also required: - as regards to the assets/income condition o bank statements from which the funds covering the non-refundable fee of 5,500 will be remitted; o evidence of employment and/or business ownership if any; and o a declaration that applicant is in receipt of stable and regular income which is more that 100,000 per annum or a declaration that applicant has assets worth at least 500,000; - in the case of dependants not economically active and principally dependent on applicant, the latter has to provide an affidavit of dependency stating why his/her adult children and/or parents/parents-in law and/or grandparents/grandparents-in-law, are to be considered as being dependent on him in line with the L.N. requirements; - in cases where one parent has sole custody of a dependant or another person has legal guardianship of a dependant, the relative court documentation in this respect, needs to be provided accordingly. Where the applicant does not have sole custody of a minor, and the other biological parent is not part of the application (because he/she is separated, divorced, not applying, etc.), said parent will still sign the dependant s form, and the due diligence Page 10 of 11

11 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 MRVA will conduct the necessary due diligence processing in order to take a final decision on the application. Section 6 Issuance of certificate and residence permits Notification of Approval in Principle will be sent to applicant through the RAA/RAP. Subsequently, a certificate including the names and surnames of dependants will be issued but only after: payment of final contribution balance of 24,500 and any additional dependant fees is received by MRVA; lease or purchase agreement of property as outlined in section 1.2 is presented to MRVA; evidence of possession of sickness insurance in respect of all risks across the whole of the European Union for applicant and all his/her dependants; evidence of title to the investment portfolio referred to in section 1.2; biometrics are captured and residence form submitted per individual; card fees amounting to per individual are paid via cheque addressed to Identity Malta. All persons mentioned in the certificate of residence will be entitled to residency permits reflecting their immigration position in Malta. The permit will be in an electronic plastic format issued by IMA. All persons under the application have to submit the residency forms and capture biometric features, that is, facial and finger prints at MRVA. The validity of permits is for a duration of 5 years from date of issuance renewable for further periods of 5 years provided that all conditions required by L.N. 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 5 years and then once every five 5 years. Monitoring shall be carried through Form MRVP5 - Official Compliance Form which beneficiary must submit to MRVA along with all required documentation through his/her RAA/RAP in order to confirm his/ her continued eligibility. MRVA reserves the right, following the initial 5-year period to request from beneficiary s RAA /RAP any other information as deemed appropriate. MRVA reserves the right to conduct on-site spot checks to validate the information provided regarding the qualifying property. Page 11 of 11