Permanent Residence in Malta

The Republic of Malta is a Southern European country and consists of an archipelago situated centrally in the Mediterranean, 93 km south of Sicily and 288 km east of Tunisia, with the Strait of Gibraltar 1,826 km to the west and Alexandria 1,510 km to the east. Malta covers just over 300 km in land area, making it one of the world’s smallest and most densely populated countries. Its capital is Valletta. The country has two official languages, Maltese and English, with Maltese being considered the national language. Malta gained independence from the United Kingdom in 1964 and became a republic in 1974, whilst retaining membership in the Commonwealth of Nations. It is a member of the United Nations (since 1964) and a member of the European Union (since 2004). Malta is also a party to the Schengen Agreement (since 2007) and member of the euro zone (since 2008).

Immigration of EU-nationals to Malta

EU nationals require neither a visa nor a passport (an ID card or an expired passport are enough) to enter the country. Citizens of some developing countries do not need a visa and can live in Malta for up to three months providing they have a valid passport. Visas for other nationalities are valid for one month. Immigrants, even those with EU citizenship, are required to apply for a work permit. This exception to EU law was agreed upon before accession to safeguard the Maltese labour market.

Immigration of Non-EU-nationals to Malta

Immigration of Non-EU-nationals to Malta is possible provided they have a family connection in Malta or seek Permanent Residence without right to work (No work permit or gainful occupation is possible in this case). Nevertheless, this Permanent Residence Scheme Immigration is rather popular among Russian citizens for the reason it gives visa-free access to Schengen Area as well as possibility to reside in Malta permanently. Moreover, no physical presence requirements exist in order to renew the PR card annually. The only requirements are to annually pay 4,200 EUR of taxes to Maltese Tax Service (Inland Revenue) as well as possess a house or a flat (or rent appropriate house or apartment in Malta). In order to participate in the program an applicant must have an income in excess of Euro 25,000 or capital assets in excess of Euro 375,000

Documents required in support of a Permanent Residence Application

The documents required for obtaining Permanent Residence Permits are the following. Careful note should be made about the requirements because missing or incomplete documents will hinder the issue of the permit.

1. Birth certificate for applicant (and for his wife and children if any) – originals issued by a state authority; where the document is not in English, an official translation should be provided.
2. Photocopy of passport for applicant and for his wife and children if any.
3. Marriage certificate (if applicable) – originals issued by a state authority; where the document is not in English, an official translation should be provided.
4. A declaration from a bank, financial institution, financial advisor, tax planner, accountant or employer stating that the applicant has an income in excess of Euro 25,000 or capital assets in excess of Euro 375,000 and that he can bring into Malta an annual income of not less than Euro 14,000 in his respect and a further Euro 2,500 in respect of each dependant – original.
5. Criminal conduct certificate (showing no previous convictions) for applicant (and for his wife and children over 14 years if any) – originals issued by a state authority. British citizens, instead of a Police conduct certificate, may obtain a Personal Access Enquiry Form from the police station of their place of residence.
6. An application form signed by the applicant.
7. Three passport colour photographs for applicant (and for his wife and children if any).

APOSTIL

Once the documents have been legalized (apostil or consular legalization), you will need to lodge these with the Maltese High Commissioner’s Office or Maltese Embassy (whichever is applicable) of your country of nationality. The application and documents will be sent to Malta and we will check with the Inland Revenue Department with regards to the progress of your application. Upon taking up residence in Malta, Immigration authorities will require evidence that the permit holders are in possession of a health insurance policy.

Common-Law Relationship

Please note also the following in relation to Permanent Residence applications: If the applicant is living with a partner but they are not officially married, two separate applications must be filed and both parties must satisfy the income requirements. Both parties will have to pay the minimum tax. However, if the parties opt to jointly buy or rent property at double the required minimum, the purchase or rental will cover both parties.

Legal Fees and Additional Costs

Elma Global charges a fixed fee of EUR 12,000 per single applicant and EUR 15,000 per family with up to three dependents (applicant, his wife, and two children). In case applicants are not planning immediate relocation they will be expected to make two visits to Malta (one to apply for visa-stickers, another to get visa stickers and apply for PR-cards). The visits will entail additional costs and expenses (air tickets, hotels, etc).

Questions and Answers Regarding Immigration to Malta (Under Permanent Residence Scheme) and Regarding Incorporation of Maltese Companies:

Question: We are interested in incorporation of Maltese Company for international purposes. Can this be combined with acquiring Permanent Residence in Malta based on fixed annual tax EUR 4,200? And further, in case our Maltese Company becomes not only international but becomes also local (having source of income also in Malta), in that case will Permanent Residence in Malta still possible under the mentioned tax arrangement?
Answer: The low tax benefit for companies registered in Malta is only available to non-resident shareholders. Therefore, if you want to become a permanent resident, then you would not be entitled to a tax refund for the Malta registered company. You can resolve this but creating a company in another jurisdiction which could then be the shareholder of the Maltese Company.  The foreign company in turn may be beneficially owned by you and act as the non resident shareholder eligible for a tax refund.

Question: We are in common-law relationship. We know that in this case we are unable to apply under on and the same application for Permanent Residency in Malta. Malta is strict regarding this and does not recognize the common-law relationship as equal to marriage. So, we are expected to apply separately. Can we use the same property, at least?
Answer: This is correct. In your case you must apply for Permanent Residency separately. But when the applications are approved you will be able to use the same property as long as the rent or price is at the minimum level required by law (EUR 415 per month each applicant with regards to rent, or EUR 75,000 each applicant with regards to purchase). I hope the answer is helpful.

Question: Is there any possibility such as formation of business in Malta for Indian citizen studying in London? If yes, would you please tell us time period of complete documentation and your charges for the legal assistance?
Answer: Incorporation of Maltese company or purchase of a business in Malta does not give a possibility for non-EU nationals to apply for residence permit. Non-EU nationals can get a residence permit in Malta provided that they have a non-Maltese source of income and provided that they are not going to be employed in Malta. This immigration scheme was elaborated for high net worth individuals only.

If you have any questions regarding immigration to Malta or wish to use our legal assistance in obtaining permanent residency in Malta contact us today