Malta Government has relaunched the citizenship by investment program, under new regulations published in L.N. 437 of 2020 under the Granting of Citizenship for Exceptional Services Regulations, 2020 which was published in the Government Gazette Of Malta No. 20,524– 20.11.2020
The legal basis for the new citizenship program for naturalisation for exceptional investments is below.
L.N 440 of 2020 – National Development and Social Fund (Establishment as an Agency) (Amendment) Order, 2020
L.N 439 of 2020 – Malta Individual Investor Programme Agency (Establishment) (Amendment) Order, 2020
L.N 438 of 2020 – Identity Malta Agency (Establishment) (Amendment) Order, 2020
L.N 437 of 2020 – Granting of citizenship for Exceptional Services Regulations, 2020
L.N 436 of 2020 – Community Malta Agency (Establishment) Order, 2020
L.N 435 of 2020 – Agents (Licences) Regulations, 2020
L.N 434 of 2020 – Declaration of Intent Regulations, 2020 for Property Agents
Community Malta Agency
The Individual investor program launched in 2013 was suspended for applications after the cap was reached. Under the new program, the government will establish a new agency Community Malta to process any new and pending citizenship applications for investments. The previous Individual Investor Program Agency will be closed from Jan 2021.
The New citizenship by investment program will be limited to 400 applications per year and a total cap of 1500 applicants.
The following direct investments will qualify for exception citizenship for investments
- Option 1 – €600,000 non- refundable deposit to the Agency (citizenship after 3 years) plus €10,000 as non refundable deposit ,
- Option 2 – €750,000 non- refundable deposit to the Agency (citizenship after 1 year) plus €10,000 as non refundable deposit. Note the naturalisation time reduced from 3 years to 1 year for this option.
- Dependant – €50,000 paid for each family member
Applicants must satisfy the following conditions
- Housing: Must be undertaking to either purchase, an immovable residential property in Malta having a minimum value of €700,000 or to take on a lease of a residential immovable property in Malta for a minimum annual rent of €16,000, which property shall be adequate and suitable for the applicant and his dependants, for a minimum period of five (5) years from the date of issue of the certificate of citizenship. The applicant may not dispose of the property for a period of at least five (5) years from the date of the certificate of citizenship but may be authorised by the Agency to substitute the said property by purchasing or leasing another equivalent property.
- Donations: Undertake to donate, prior to the issue of the certificate of naturalisation, a minimum of ten thousand euro(€10,000) to a registered philanthropic, cultural, sport, scientific,animal welfare or artistic non governmental organisation or society, or as otherwise approved by the Agency.
- Health coverage – Must apply for health insurance for main applicant and all family members.
Due Diligence Fee
Due diligence fees applicable with the eligibility application for exceptional investment applicants
(a) applicant: fifteen thousand euro (€15,000);
(b) for each dependant referred to in the definition of the term ‘dependant’ in regulation 2: ten thousand euro (€10,000)
(c) for every third party contributing financially to the application: fifteen thousand euro (€15,000).
Administrative fees due together with all eligibility applications:The following fees are exclusive of any taxes: administrative fee per applicant: one thousand euro €1,000
The fees for residence permits are as follows: €5,000 for main applicant and €1,000 per dependant
set out in regulation 5(1), a person may apply for a certificate under these regulations if that person:
(a) has rendered an exceptional contribution to the Republic of Malta; or
b) has rendered an exceptional contribution to humanity;or
(c) is of exceptional interest to the Republic of Malta; orVerżjoni Elettronika
(d) is willing to contribute through an exceptional direct investment in the economic and social development of the Republic of Malta.
Family members can be included in one application
(a) the spouse of the applicant in a monogamous marriage or partner in another relationship having the same or similar status to a monogamous marriage, including a civil union, domestic partnership, common law marriage, provided that for the purpose of these regulations, the term “spouse” in these regulations shall be construed as gender neutral, and,saving the discretion of the Minister to authorise, and on a case by case basis, other relationships having a similar status as a foresaid;
(b) a child, of the main applicant or of his dependant as defined in paragraph (a) above including an adopted child, who has not yet attained eighteen (18) years of age at the time when the main applicant submits an application for citizenship by naturalisation under these regulations and is accepted by the Agency;
(c) a child, of the main applicant or of his dependant as defined in paragraph (a) above including an adopted child, who has attained eighteen (18) years of age but has not yet attained twenty-nine (29) years of age, at the time when the main applicant submits an application for citizenship by naturalisation under these regulations and is accepted by the Agency, and whois not married and proves, to the satisfaction of the Minister, thathe is wholly maintained or otherwise largely supported by the main applicant;
(d) a parent or grandparent of the main applicant or of his dependant as defined in paragraph (a) above who has attained fifty-five (55) years of age at the time when the main applicant submits an application for citizenship by naturalisation under these regulations and who proves to the satisfaction of the Minister that he is wholly maintained or otherwise largely supported by the main applicant;
(e) a child, of the main applicant or of his dependant as defined in paragraph (a) above, including an adopted child, when at the time when the main applicant submits an application for citizenship by naturalisation under these regulations has attained eighteen (18) years of age, is a qualified person with a disability as defined in the Equal Opportunities (Persons with Disability)Act: Provided that where such child does not have full capacity the provisions of article 21(3) of the Act shall apply.
The Agency shall cause due diligence checks to be performed also by third parties including one (1) or more internationally recognised specialised due diligence service providers,in respect of every applicant. Such due diligence checks shall be of afour (4) tier nature or more, as the Agency shall determine from time to time and may include security checks to be carried out by law enforcement authorities in line with the Data Protection (Processing of Personal Data by Competent Authorities for the Purposes of thePrevention, Investigation, Detection or Prosecution of Criminal Offences or the Execution of Criminal Penalties) Regulations, who may use available tools for such purposes, as all other checks asregards money laundering and terrorism financing risks by thepertinent Authorities having the necessary authority to conduct such checks.
The applicant shall be required to complete the process and take the oath of allegiance within six (6) months from the approval in Principle by the Minister.
The following persons cannot apply for Maltese citizenship program for investments (disqualified)
a) he or any of this dependants is or was indicted of anoffence before an International Criminal Court or has been arraigned at any time before an International Criminal Court,whether such person has been found guilty, declared innocent or otherwise acquitted for any reason by such Court;
(b) he or any of his dependants, are listed with the International Criminal Police Organization (Interpol) or Europol;
(c) he or any of his dependants is an actual or potential threat to national security, public policy or public health of Malta;
(d) he or any of his dependants has, at any time, been charged with or found guilty of crimes, related to: (i) terrorism, (ii) money laundering, (iii) funding of terrorism, (iv) crimes against humanity, (v) war crimes, (vi) crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights.
(e) he or any of his dependants has, at any time, been charged or found guilty of any criminal offences that disturb the good order of the family, which offences include, without limitation, the following:(i) paedophilia; (ii) defilement of minors; (iii) rape; (iv) violent indecent assault;(v) inducing persons under age to prostitution; and(vi) abduction;(f) he or any of his dependants has, at any time, been found guilty of, or at any time during the processing of theapplication, has been interrogated or is suspected of, or has criminal charges brought against him for any criminal offence punishable with more than one (1) year’s imprisonment other than an involuntary offence;
(g) he or any of his dependants is, or is likely to be,involved in any activity which may cause disrepute to the Republic of Malta;
(h) he or any of his dependants has been denied a visa toa country with whom Malta has visa-free travel arrangements and has not subsequently obtained a visa from that same country;
(i) he or any of his dependants is named or listed in international sanctions applying restrictive measures on them, that the Agency is bound by law, or has opted, to follow.