Malta Residence and Visa Programme

Malta Residence and Visa Programme Regulations 2015

In accordance with Malta’s Immigration Act, the Minister for Home Affairs and National Security issued Legal Notice 288 of 2015 entitled ‘The Malta Residence and Visa Programme Regulations, 2015’. The Malta Residence and Visa Programme Regulations offer applicants the opportunity to reside, settle and stay indefinitely in Malta, as well as travel within the Schengen area without the need for applying for a visa.The regulations will apply solely to third country nationals, that is, not a citizen of the European Union, EEA or Switzerland. The beneficiary will be entitled to a Certificate issued by Identity Malta conferring them the right to reside, settle and stay indefinitely in Malta, provided that certain rules and regulations are satisfied. This certificate is subject to an annual monitoring exercise for the first five years from its issue, and every five years thereafter. A holder of such Certificate will not be automatically entitled to any other rights mentioned in the Immigration Regulations.

Under the programme applicants and their dependents are offered the opportunity to acquire indefinite residential status in Malta subject to the following conditions:

1. He/she is a third country national and is not a Maltese, EEA or Swiss national;
2. He /she is not a person who benefits under the Residents Scheme Regulations, the High Net Worth Individuals – EU / EEA / Swiss Nationals Rules, the High Net Worth Individuals – Non-EU / EEA / Swiss Nationals Rules, the Malta Retirement Programme Rules, the Residence Programme Rules, the Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Persons Rules;
3. He/she holds a qualifying property for a minimum five (5) year period from the date of issuing of the certificate;
4. He/she holds a qualifying investment, in a form determined from time to time by Identity Malta, for a minimum period of (5) years from the date of issuing of the certificate. The said investment must have an initial value of €250,000;
5. He/she is, and his dependants are, in possession of a valid travel document;
6. He/she is in possession of sickness insurance in respect of all risks across the whole of the European Union normally covered for Maltese nationals for himself and his dependants;
7. He/she provides an affidavit stating that from the date of application he/she has either an annual income of not less than €100,000 arising outside Malta or has in his possession a capital of not less than €500,000; and
8. He/she is a fit and proper person.

Administration Fee – A non-refundable administrative fee of €5,500 has to be paid upon application.

Contribution Fee - Once it is established that the beneficiary qualifies for such status, he is to pay a contribution of €30,000 (less the non-refundable fee that was paid on application).

Immovable Property

The applicant must also present a title to a qualifying property. In terms of the regulations, a qualifying property is an immovable property that was purchased for a consideration of €320,000 if situated in Malta or €270,000 if situated in Gozo or the south of Malta. A beneficiary under the programme has the option to rent instead of buying immovable property subject to a rent of not less than €12,000 per annum if the property is situated in Malta or €10,000 if situated in Gozo or the south of Malta.

Qualifying Investment

The applicant also needs to make a qualifying investment. A qualifying investment is an investment in the form determined by Identity Malta holding an initial value of €250,000. The Investment needs to be retained for a minimum period of five years.

Other Conditions

Apart from satisfying the above application requirements, the applicant must also be above the age of 18 and must provide a clean police conduct. The applicant must also satisfy all due diligence checks deeming him a fit and proper person as well as other general requirements.

The applicant must not benefit under the Residents Scheme Regulations, High Net Worth Individuals – EU, EEA/SWISS Nationals Rules, Malta Retirement

Programme Rule, Residence Programme Rules, Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Persons Rules.

Beneficiaries of the Global Residence Programme are allowed to apply for the issuance of this Certificate, provided they satisfy all the additional eligibility requirements of these regulations.

An affidavit must also be provided stating that from the date of application onwards he has an annual income of not less than €100,000 arising outside Malta or he is in possession of capital of not less than five hundred thousand euro €500,000.

Dependants of the beneficiary are also entitled to benefit from this scheme.

The rules establish that dependants are defined as:

1. the main applicant's spouse in a monogamous marriage or in another relationship having the same or a similar status to marriage;
2. a child, including an adopted child, of the main applicant or of his spouse who is less than 18 years of age;
3. a child of the main applicant or of his spouse who is between the age of 18 and 26, who is not married and not economically active;
4. a parent or grandparent of the main applicant or of his spouse who proves that he is not economically active;
5. v. a child of the main applicant or of the spouse of the main applicant who is at least 18 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.and in any case is not a beneficiary under the Residents Scheme Regulations, the High Net Worth Individuals - EU / EEA / Swiss Nationals Rules, the Malta Retirement Programme Rules, the Residence Programme Rules, the Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Persons Rules, and resides with the beneficiary in the qualifying property;

An individual, who wishes to submit an application in terms of the Malta Residence & Visas Programme Regulations, must be represented by a registered approved agent or an accredited person. John Huber is an Authorised Registered Mandatory.

Please contact us directly info@johnhubermalta.com for an appointment to further discuss your requirements.

Disclaimer - No one should act upon such information without appropriate professional advice after a thorough examination of the particular situation. At John Huber and associates we endeavour to provide accurate and timely information, yet there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. The information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity.