21/8/2008

The Residents Scheme Regulations, 2004 Index

Q Who may apply for the scheme ?
A

Any foreigner, of whatever nationality, may submit an application under the scheme provided the specific conditions are satisfied.

Q What are the conditions for eligibility ?
A

An individual will be eligible if:

  • He/she has an annual income equivalent to €23,000 arising outside Malta or capital equivalent to €349,000.
  • If he/she remits annually to Malta an income equivalent to €13,950 in his/her respect and €2,300 in respect of each dependant.

For the purposes of this scheme, "dependant" means:

  • The spouse;
  • Sons and / or daughters under 21 years of age;
  • A parent or grandparent who is financially dependant on the applicant.
Q Are there any other conditions that should be satisfied?
A

Once in possession of a certificate the holder:

  • will be required to take up residence by not later than one year from the issue date of the certificate. The holder has to complete a prescribed document which has to be presented together with identification documents to the Department of Inland Revenue, Expatriates Division, within 15 days of arriving in Malta.
  • must either purchase immovable property valued at not less than €116,000 (€69,000 in the case of an apartment), or lease/rent immovable property for not less than €4,150 per annum within twelve months of taking up residence in Malta.
Q How can an individual apply?
A

Applications for a certificate must be made on the appropriate prescribed form which is available from the Inland Revenue Department website http://www.ird.gov.mt or from the Malta Diplomatic Mission in the country of nationality. The application must also be accompanied by:

  1. A certificate from the applicant’s bankers (or as applicable) showing either (i) that he/she has an annual income equivalent to €23,000 arising outside Malta; or (ii) capital equivalent to €349,000. It must also certify that the applicant will be able to import into Malta a minimum annual income of €13,950 plus €2,300 for each dependant.
  2. A Conduct certificate, in respect of each adult (18 years or over) whose name appears on the said application, from the Police authorities of the country where the applicant and his/her dependants have resided.
    • Such certificate/s should indicate whether the applicant/dependants ever had any criminal convictions or whether the applicant/dependants have any ongoing criminal proceedings.
    • If the certificate/s issued by the Police authorities do not contain such information, the applicant/dependants should make a declaration on oath before a Commissioner for Oaths attesting whether the applicant and his dependants, if any, ever had any criminal convictions or have any ongoing criminal proceedings.
    • If the Police authorities in any of the countries where the applicant/dependant have resided do not issue conduct certificates, character references would be required from any three of the following:
      • banker;
      • solicitor;
      • medical practitioner;
      • employer (or previous employer);
      • accountant; or
      • any person of a similar standing,
      together with the declaration as already specified above.
  3. A copy of the marriage certificate is required in the case of a married couple, a married woman who is applying on her own behalf, a divorced woman, or a widow. Otherwise full birth certificates should be submitted.
  4. A written declaration by the applicant stating that parents and/or grandparents are financially dependent on him (where applicable).
  5. Three passport-sized photographs and photocopies of the relevant pages of passport/identification card of each person whose name appears on the application form.
  6. A copy of either the deed of purchase or the lease/rent agreement if the applicant already owns or have leased/rented immovable property in Malta.
  7. The supporting documents, indicated under notes 1 to 5 above, attached to this application MUST be certified original documents attested for correctness by a warranted notary public of the country of nationality. Furthermore, all supporting documents must be legalised by the Ministry of Foreign Affairs of the country of nationality and counter-legalised by an official of the Malta Diplomatic Mission in the country of nationality.
  8. An administrative fee of €115, or equivalent in foreign currency, is charged by the Malta Diplomatic Mission against an official receipt, for the processing of the application and its transmission to Malta. This fee is not refundable even in those instances where the Commissioner refuses the application.
Q How long does the processing of the applications take?
A

The processing of applications under the scheme normally takes about 3 months.

Q Do I have to fill in any tax documents?
A

Yes. At the end of the first year of residence and subsequently at the end of every calendar year, a permanent resident will be required to complete the annual tax return and specific attachments to confirm that he/she has fulfilled the conditions attaching to the permit.

Q Where can I get more information on this scheme?
A

For more information you can contact the Expatriates Section, Block 1, Inland Revenue Department, Floriana, Malta

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