Malta Permanent Residence Programme Regulations 2021

Malta has published regulations on March 27 for new permanent residence golden visa program which was published on official gazette making changes to the Immigration Act (CAP 217). This is a revamped program replacing the previous residency visa scheme running since 2015.

As from 29th March 2021, all new applications shall be governed by MPRP regulations and no new application for a certificate may be made under the Malta Residence and Visa Programme Regulations (MRVP).

L.N. 121 of 2021 – https://legislation.mt/eli/ln/2021/121/eng
L.N. 122 of 2021 – https://mrva.gov.mt/wp-content/uploads/2021/03/L.N.-122-of-2021.pdf

A Residence by investment certificate issued by the Agency in accordance with these regulations shall entitle the beneficiary of such a certificate and the dependants included on the certificate, to reside, settle or stay indefinitely in Malta. All applicants and family members enjoy free movement in the schengen area.

Proof of Assets

The Main applicant shall present evidence of possession of assets, to the satisfaction of the Agency, having a value of not less than five hundred thousand euro (€500,000), out of which a minimum of one hundred and fifty thousand euro (€150,000) shall be in the form of financial assets, as the Agency considers appropriate in its sole discretion.

Below are the full disclosure to MPRP fees structure

Donation

The donation (€2,000) that shall be paid to a local registered philanthropic, cultural, sport, scientific, animal welfare or artistic non-governmental organisation or society registered with the Commissioner for Voluntary Organisations, or as otherwise approved by the Malta Residence and Visa Agency, before issuance of a certificate

Immovable property

“qualifying owned property” means an immovable residential property purchased or acquired by title of emphyteusis at a consideration of not less than:

(a) Three hundred and fifty thousand euro (€350,000) for a property situated in Malta; or

(b) Three hundred thousand euro (€300,000) for a property situated in the South of Malta or Gozo:

Rentable property

Any “qualifying rented property” means a residential property taken on lease for a rent of not less than:

(a) twelve thousand euro(€12,000) per annum for a property situated in Malta; or

(b) ten thousand euro (€10,000) per annum for a property situated in Gozo or in the south of Malta;

Family members

A “dependant” means the family members of a main applicant submitting an application in terms of these regulations and shall include:

(a) the spouse of the main applicant in a monogamous marriage or in another relationship having the same or a similar status to marriage, including a civil union, domestic partnership ,common law marriage, provided that for the purpose of these regulations, the term “spouse” shall be gender neutral, and saving the Minister’s discretion to authorise, on a case by case basis, other relationships having a similar status as aforesaid;

(b) a child, including an adopted child, of the main applicant or of his spouse who, at the time of application, is less than eighteen (18) years of age;

(c) a child, including an adopted child, of the main applicant or of his spouse, who at the time of application is over eighteen (18) years of age, is not married, and who proves, to the satisfaction of the Agency that at the time of application he is principally dependent on the main applicant;

(d) a parent or grandparent of the main applicant or of his spouse who proves to the satisfaction of the Agency that at the time of application he is principally dependant on the main applicant; orCap. 413.

(e) an adult child of the main applicant or of the spouse of the main applicant who has been certified by a recognised medical professional or authority as having a disability in terms of the Equal Opportunities (Persons with Disability) Act:

Documentation

Applications for a certificate shall be accompanied by:

(a) a conduct certificate, in original format, in relation to the main applicant and any dependant who is older than fourteen(14) years of age at the time of application, issued by the competent authorities in the country of origin and in the country or countries of residence where such a person would have resided for a period of more than six (6) months during the last ten (10) years. In exceptional cases, where it is proved to the satisfaction of the Agency that such a certificate is not obtainable, a sworn affidavit made by the main applicant, either on his own behalf or on behalf of each of his minor dependants who are over fourteen (14) years of age, and any adult dependant, on his own behalf, declaring a clean criminal record may be accepted. Upon good cause being shown, the Agency may allow that such certificates be submitted at a later date but in any case before the application is approved in principle;

(b) evidence, through a ‘know your customer’ basis, due diligence processes, carried out by the agent that there is no a priori evidence that the main applicant and his dependants are not fit and proper persons;

(c) an undertaking to purchase or lease an immovable property in Malta which property is deemed to be a qualifying property in accordance with these regulations:Provided that a qualifying property purchased by the main applicant may be considered as part of the evidence of possession of assets referred to in sub-regulation (2) of regulation 9;

(d) an undertaking to remit the total of the required contribution payable in accordance with these regulations;

(e) an undertaking to make the donation required in terms of these regulations;

(f) confirmation to the satisfaction of the Agency that the main applicant and his dependants are not suffering from any serious illness or contagious disease and that they are otherwise in good health and will not be, in terms of the medical review carried out by the Agency, of an unreasonable burden on the national health system; and(g) any other document as may be required from time to time by notice issued by the Agency.

The main applicant shall provide an affidavit confirming that he supports each dependant who is over eighteen (18) years old, except for the spouse.

Application forms and other accompanying documents shall be completed in English. If the original language of the accompanying documents is not English, the documents shall be accompanied by an authenticated translation into English.

Background check

A proper background verification of the main applicant and his dependants over the age of fourteen (14) years with interpol, international court of justice, terrorism, international sanctions, money laundering, war crimes etc..

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 main applicant and his dependants.

The Agency shall inform the Approvals Board of its due diligence findings and seek the authorisation of the Approvals Board prior to the issue of a certificate

Health check

main applicant and his dependants are not suffering from any serious illness or contagious disease and that they are otherwise in good health and will not be, in terms of the medical review carried out by the Agency, of an unreasonable burden on the national health system;