The Granting of Citizenship for Exceptional Services Regulations (S.L. 188.06) (the Regulations) allows for the granting of citizenship by a certificate of naturalisation to foreign individuals and their families who contribute to the economic development of Malta. Every application is subject to a stringent due diligence process, including thorough background checks. Community Malta Agency (the Agency) is the competent Maltese Government Agency responsible to administer these Regulations.
Prospective applicants can have various reasons for applying for Maltese citizenship under these Regulations. In all cases, all applications shall be treated by the Agency equally. The eligibility criteria for applicants are clearly set out in S.L. 188.06, and the subsidiary legislation regulating agents is Agents (Licences) Regulations (S.L. 188.05). It is highly recommended to read these guidelines thoroughly and adhere to the practices as explained to ensure swift processing of applications. Deviations from these guidelines may result in delays and possible rejection of an application
Preparing the required documents for Maltese naturalisation by direct investment program can be often difficult and cumbersome and requires specific guidelines. The lawyer or agent responsible will be able to guide you with the preparation of documents, but still arranging the first tier original documents as an investor within the given time will be your task.
Application Process
The application process can be broken down into 11 steps, which will be explored in detail in this chapter.
• Prospective applicant gives a power of attorney to the agent to act on his behalf for the whole duration of the application process.
• Agent performs Tier 1 due diligence on prospective applicant and submits Residency application.
• Agency performs Tier 1 due diligence and obtains 1st police clearance.
• Agent submits Citizenship eligibility application to the Agency.
• Birth and marriage certificates are submitted to Public Registry and Passport Office by the Agent.
• Agency performs Tier 2 due diligence and ensures correctness and completeness of the application. The Agency may request further information and documents to ensure all the necessary documentation is in order.
• Agency performs Tiers 3 and 4 due diligence and presents the application and its findings to the Minister.
• On the Minister’s instructions, the Agency informs the agent of the Minister’s decision if the applicant is eligible to apply for Maltese Citizenship.
• After 12 months or 36 months from Residence, the agent presents the Citizenship application to the Agency.
• The Agency updates its due diligence on the Applicant and presents its final findings to the Minister.
• On the Minister’s instructions, the Agency informs the agent of the Minister’s decision if the applicant can be granted Maltese Citizenship.
• Applicant fulfils the Exceptional Investment, Donation and Property requirements.
• Applicant is invited to come to Malta and takes the Oath of Allegiance.
• Applicant is granted Maltese Citizenship and is issued with a Certificate of Naturalisation.
• Agency conducts continuous monitoring for five years.
Power of Attorney
The power of attorney is the first step in the application process. The power of attorney allows the agent to act on behalf of the client in all matters related to the Application for Eligibility and Application for Citizenship. This includes providing the Agency with additional client information which may already be held by the agent or amending any information on the submission forms. The agreement should make clear that the power of attorney is granted for all matters related to the
Applications, while being valid for the entire duration of the Application’s processes. The power of attorney must be valid for the entire duration of the eligibility and citizenship application process. The agreement must clearly appoint the agent as the ‘attorney’ with clear statements giving full authority to act on behalf of the Applicant and any dependants, in all matters related to an eligibility and citizenship applications.
General Documentation Guidelines
Certified true copies of any documents must be in high-resolution, with any information remaining
clearly legible. Certification should be evidenced by a written statement stating that the document
is a “true copy of the original document seen,” and in the case of a document that includes a
photograph, it should also state that “the photo bears a true likeness of the person who appeared
before me”. If possible, copies of the original document should be made in colour. Furthermore, authentication must be carried out according to the following criteria:
1. No apostille or further legalisation is required for documents certified by:
▪ a Malta-registered lawyer/notary public/commissioner for oaths;
▪ a Maltese Consular; or
▪ a Maltese Diplomatic Representative.
2. An apostille is required for documents certified by a foreign-registered lawyer/notary public in
any country that is party to the Apostille Convention. If authorities refuse to apostille the
document on the basis of language, it is recommended to visit a Maltese Consular or Diplomatic
mission which would see to completing the authentication;
3. The legalisation of documents authenticated by a foreign-registered lawyer/notary public in a
country which is not party to the Apostille Convention and where no Maltese diplomatic
representation exists will require the lawyer/notary public to complete the certification, which is
then taken to the Government authorities in that jurisdiction for the necessary Governmental
authentication;
It is essential that at this stage, original, apostilled documents such as Acts of Birth and Marriage/Civil
Union are submitted to the Foreign Registrations Office at the Public Registry as a separate pack denoting the unique reference number of the application. This allows the Public Registry Unit to
review and report back any anomalies to the agent. As the Agency acknowledges that the original apostilled documents are required at the Public Registry Unit, certified and, where applicable, authenticated copies will suffice for the Agency unless otherwise stated.
Translation
An official English translation must always accompany any documents that are not in the English
language (including certifications or stamps). A professional translator (officially accredited by a court
of law), a government agency, an international organisation or a similar official institution must
prepare translations. If the translation is prepared in a country where there are no officially accredited
translators, a company whose sole or main business is doing professional translations must prepare
the translation. At least one authorised signatory of the translation company must sign the
translation. Please note that translators should include, in a clear and legible format, the date, the full name, the capacity and the designation in which they are acting, the residential or business address, the telephone number and the email address/website. In the case of translation agencies, a letterhead should be utilised, thus providing all details relevant to the firm who produced the translation. It is highly recommended to use the services of well-known and reputable translation
agencies/translators. In case of translators who are accredited to a country’s court of law or similar
official institutions, provision of accreditation details would be considered more favourably.
It is important to note that at any point throughout the application process, the Agency reserves the
right to request further details pertaining to the translator and/or translation agency, or even to
request a retranslation by a different translator.
Residency Check
One of the requirements of the Regulations is that an applicant and all adult dependants must hold
Maltese residency status for a minimum of 36 months or by exception for a minimum of 12 months.
During this period, agents may submit citizenship eligibility applications. However, citizenship may
only be applied for after the applicable period from the acquisition of residency. Residency status is issued for 36 months which can only be extended if an eligibility for citizenship
application has been submitted
Fulfillment of Citizenship Requirements
Documented evidence that all citizenship requirements have been met must be presented within 4
months from the issue of the Letter of Approval in Principle, including:
▪ A 36-month or 12-month minimum residency status (including boarding passes);
▪ Copy of the lease or purchase agreement for property together with a declaration from the
Applicant that the property will be kept for a minimum period of 5 years from the date of issue of
the letter of oath of allegiance. Should the lease agreement is signed on behalf of a company, the
board resolution authorising the lessor to sign the agreement on behalf of the company must be
presented.
▪ A valuation report by an architect confirming that the rental value is in line with the current
market value;
▪ The investment of €600,000 or €750,000 and the remaining fees for each other dependant, if
applicable.
Furthermore, the applicants must provide documented evidence that any personal, commercial or
financial ties to the country that they opted to commit to in their residency proposal letter have been,
or are being, honoured. It is highly important that the boarding passes, or manifest in case of
travelling with a private jet, for each stay are kept and presented with the post-approval pack
Police Reports (Original)
Police conduct certificates are required for all applicants age 16 years and over. Police conduct
certificates are the only documented evidence of the applicant’s conduct, according to the applicable
jurisdictional laws. For the purposes of the application process, this document must have been issued within the 6 months preceding the application and must be original. If issued in a language other than English, police conduct certificates must be accompanied by a certified translation.
Police conduct certificates are required from the applicant’s country or countries of citizenship and
from each country he/she has resided in for a minimal cumulative period of 6 months in the last 10
years.
In the case of the United States of America, the police conduct certificate as issued by the Federal Bureau of Investigation (FBI) should be provided. If the country authorities would only issue a police conduct certificate upon receipt of an official letter from the institution requesting it, agents can write to the Agency and provide all the relevant details
Credit Report (Original or Certified True Copy)
Some jurisdictions provide credit information services to their citizens. China, for example, has
introduced the Social Credit System for Chinese nationals. Applicants may apply for their own credit
reports. Where available, Applicants should submit a recent credit report. If applicable, the relative
translation is to be provided. If, besides the Applicant, the spouse, de-facto partner or a benefactor has also compiled an SSFW Form, a recent credit report should likewise be submitted, where available..
Marriage/Divorce Certificates (Certified True Copy)
For due diligence purposes, the Agency will accept certified true copies of marriage/divorce
certificates. Original, apostilled documents relating to the Public Registry process must be submitted
separately and directly to IMA’s Public Registry Unit, immediately following the issuance of the
payment request voucher receipt, to ensure that the vetting process is completed in time and that
any anomalies are identified early on in the application process. Failure to abide by this procedure
may result in delays with the processing of the application. As the original apostilled documents are required at the Public Registry Unit, certified true copies will suffice for the Agency.
Evidence of Dependency (Certified True Copy)
The residency application must be accompanied by adequate documentation to evidence the
relationship held with the dependants forming part of the application. Such documentation includes
certified true copies of acts of marriage and acts of birth.
For de facto relationships which have not yet, or will not be, formalised through the process of
marriage, civil union or registered cohabitation, agents/clients may consider providing evidence in
the form of a declaration including:
▪ When did the couple commit to a shared life together;
▪ If engaged to be married, when and why did the couple decide to get married? If the couple
cohabitates, when and why did they decide to live together? If they are not living together now,
explain why not;
▪ An explanation of the extent to which the couple has already combined their personal affairs, for
example in relation to finances and accommodation;
This information should come in the form of an affidavit to give otherwise informal content, a formal
rendition. Furthermore, it is advisable to provide the following documentation to support the claim
of a long-term relationship including, but not limited to:
▪ Certificate of no impediment, free status certificate or a jurisdictional equivalent;
▪ Evidence of cohabitation such as a joint rental agreement, a joint local authority registration
under the same address, utility bills appearing in joint names;
Source of Wealth
Provide the following documents evidencing source of wealth. Depending on the nature of the income, supporting documentation may include:
▪ Income Tax Returns
▪ Statements of Investment Portfolios
▪ Evidence of inheritance or gifts
▪ Recent bank statements evidencing the income received
Previous Employment Income
• For previous employments any one of the documents listed under Section 5.12.1 above can be provided
Purchase / Sale of Investments
• Statement of account from the agent/broker
• Bank statements showing the relative transaction/s
• Transaction receipt / confirmation
• A copy of the contract / contract note
Sale of Shares in Companies
• Contract of Purchase/Sale
• Shareholder’s Certificates (evidencing reduction / movements in
shareholding)
• Copies of official company documents (such as Memorandum &
Articles of Association or Shareholders’ Register) showing details of shareholdings both before and after the transaction Company Profits / Dividends
• Latest audited financial statements
• Copy of latest management accounts, if audited accounts are not available/required
• Letter signed by the Board of Directors approving the distribution of dividends
• Bank statement showing the dividend transaction/s
• Tax declaration evidencing the dividends received
Sale of Property
• Sale / purchase contract
Inheritance
• Letter from solicitor
• Will and Probate
• Any documentation that can evidence the transfer of asset/s from
the deceased person
Tax Residency (original)
It is required that every applicant forming part of the application and is liable to pay tax, to sign a
declaration clearly listing all the jurisdictions where the individual/s is/are a tax resident.
Medical Reports
This Medical Report and Questionnaire is to be completed in English by both the applicant and the
licenced medical practitioner. Please supply additional details on a separate sheet if necessary.
The medical practitioner must ask for evidence of photographic identification and certify a copy of
this document to be herewith attached.
Please note that the Agency maintains the right to request, at any point in time, the applicant for
naturalisation as a citizen of Malta to attend for health checks and any medical tests, which may be
deemed necessary, in Malta or as directed.
Affidavidts (original)
Applicant should provide an affidavit for each dependant who is over 18 years of age, except for
the spouse. In his/her affidavit the Applicant is to declare that the dependant is wholly maintained by
him/her. In cases where the adult dependants are currently pursuing their studies, or have completed them in the recent past, supporting documentation such as a letter of enrolment, is to be submitted
along with the affidavit.
The Agency may at times require additional information other than what has been supplied within
the application. In such situations, the responses should be provided in the format of a covering letter
with an explanation and documented evidence. However, any response, which is not supported by
documented evidence needs to be provided in the format of an affidavit, complemented with any
apostilles where applicable.
All relevant details of the affiant must be provided, including full legal name, passport number and
residential address. The information/statements made in the affidavit must be documented in a clear and understandable format. If the affidavit is prepared in any language other than English, a translation will need to be submitted. The professional who attests to the signature of the affiant should be empowered to do so under the law of the country where the affidavit is being taken, for example, a Lawyer or Notary Public. Such person must also stamp, sign and date the document and 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 email address. All relevant pages must be initialled by the affiant and the professional witnessing the signature
Military Records (Certified True Copy)
Where an applicant has served in the armed forces of any country, received any military training, or
has been part of any other military/paramilitary organisation (refer to Form R and S sections C1 and
C2), certified true copies of the corresponding documentation must be provided.
Change of Name Documents (Certified True Copy)
Evidence of any documentation issued by the relevant authorities is required to support any change
of name declarations made in PDFEE Form, A5 & A7. Also note that the Public Registry will only
recognise any name changes when registering any Act of Birth or Marriage/Divorce, if such name
change would have also been made through judicial demand/court application in the Courts of Malta,
according to the provisions of the Civil Code (Cap 16), article 253
Birth Certificates (Certified True Copy)
For due diligence purposes, the Agency will accept certified true copies of birth certificates. Original,
apostilled documents relating to the Public Registry process must be submitted separately and
directly to Identity Malta Agency’s Public Registry Unit, immediately following the issuance of the
payment request voucher receipt, to ensure that the vetting process is completed in time and that
any anomalies are identified early on in the application process. Failure to abide by this procedure
may result in delays with the processing of the application
Parent’s Consent Form
If the biological mother or father is not part of the application, the parent’s consent form signed by
the parent who is not part of the application must be provided including a certified true copy of the
Government issued photo identification document, which should also include the individual’s
signature. A copy of the passport’s photo/data page including the bearer’s signature would suffice.
Where applicable, supporting documentation evidencing the legal guardianship, court agreements,
custody consent letters etc. is to be submitted.
Bank Statements
Certified true copies or original bank statements from the Applicant’s/benefactor’s account are
required. Bank accounts must have an adequate balance in credit while the corresponding
statements must show transactional activity for the six (6) months preceding the submission of the
application. If statements are not in the English language, please provide a translated version as per
the guidelines provided in this handbook. If the statement does not show 6 months’ worth of transactional activity, bank statements showing 6 months of transactional activity are required for feeder accounts. Furthermore, if an applicant is paying from an account opened within the 6 months preceding the application, please also provide a certified true copy of the account opening advice.
Company account, trust accounts or offshore accounts are not accepted as sources of funds.
Therefore, such accounts will be rejected
