Malta Individual Investor Programme Checklist and Guidelines

Transcription

1 Identity Malta Agency, Mediterranean Conference Centre, Old Hospital Street, Valletta VLT 1645 Malta Malta Individual Investor Programme Checklist and Guidelines PLEASE READ CAREFULLY BEFORE COMPLETING ANY CITIZENSHIP APPLICATION FORMS This document contains summary information regarding the process necessary to be granted citizenship in Malta under the Individual Investor Programme. There is a minimum application processing period of six (6) months from the date of submission of application in order that a Certificate of Naturalisation may be issued. Similarly, there is also a maximum period of two (2) years from date of submission by which date the application process should be completed. The key milestones in a successful application are: Agreement of Concessionaire or Approved Agent to act on behalf of applicant. Receipt of application pack by Concessionaire or Approved Agent. Initial payments to Identity Malta, to include due diligence fees and the initial Non-Refundable Contribution Amount deposit. Demonstration of an acceptable health cover. Submission of pack to Identity Malta by Concessionaire or Approved Agent. Formal acceptance of application and documentation by Identity Malta with the request to receive due diligence fees. Facilitation to acquire a visa, if required, to enable applicants to visit Malta to finalise formalities. Issuance of Letter of Approval in Principle by Identity Malta. Fulfilment of the property and investment obligations. Preparation of biometric data to accompany passport application, (which may also be done in Malta). Requirement for the main applicant and all dependants aged 18 and above to take the Oath of Allegiance in Malta. Issuance of Certificate of Naturalisation. Registration of civil status certificates (birth/marriage/divorce) with the Malta Public Registry. Processing of Passport Application Form and issuance of passport.

2 Individual Investor Programme The Main Obligations The following table outlines the financial and other obligations of the main applicant under the Individual Investor Programme. Contribution to National Development and Social Fund Main applicant Spouse Children under the age of 18 Unmarried children aged 18 and over, but below 27 Dependent parents and grandparents aged over 55 years * of which 10,000 is payable as the Non-Refundable Contribution Amount Due Diligence Fees Main applicant Spouse Children aged 13 and over, but under 18 Unmarried children aged 18 and over, but under 27 Dependent parents and grandparents aged over 55 years Other Fees Passport fee, per applicant, if not already paid Bank charges, per application Property Investment Obligation Either purchase of residential property valued in excess of Or lease of residential property, with minimum annual rental value of In both cases the property must be held for a minimum of five (5) years and must not be let or sub-let. Portfolio Investment Obligation Required investment in a prescribed investment Investment must be held for a minimum of five (5) years 650,000 25,000 25,000 50,000 50,000 7,500 5,000 3,000 5,000 5, ,000 16,000/per annum 150,000 * There are three other items of note:- Applicants aged 18 and older are required to take the Oath of Allegiance in Malta (please refer to Section 22 hereunder). Evidence of comprehensive global health cover is required at submission stage of application with a minimum of 50,000 medical expense coverage per person (please refer to Section 24 hereunder). The names of persons granted Maltese citizenship under the Individual Investor Programme will be published on an annual basis, together with all the other names of persons granted Maltese citizenship under other provisions of Maltese Citizenship legislation. 2

3 The following guidance notes will explain which documents and forms are to be used in making an application for naturalisation as a citizen of Malta under the Malta Citizenship Act, Cap 188 and subsidiary legislation thereof. Regarding all applications, please note that: All applications will be examined by the Government of Malta. You may be requested to attend an interview, which will be conducted by Government officials in Malta or at any Maltese Embassy or High Commission of Malta. Should an interview be required, you will be notified in due course by Identity Malta Agency after you have submitted your application. All boxes should be completed and none should be left blank. If any section of a form is not applicable, please write N/A or tick the applicable box. Applications can only be accepted and processed if each form is properly completed, dated, signed, accompanied by all required documents, and all declarations have been witnessed by a Commissioner for Oaths. The Commissioner for Oaths should be a person who under the law of the country where the oath is taken, is empowered to administer oaths, for example a Lawyer or Notary Public. Such person should include the date, their full name, capacity and designation in which they are acting, residential or business address, telephone number and address. The police certificate (or a certificate of conduct) is the only document which may be handed in separately after the submission of the other documents. To produce a certified copy document, the original needs to be seen by a duly licensed Lawyer, Notary Public, a Maltese Consular or Diplomatic Officer or a Senior Officer of the Concessionaire and certified to be a true copy of the original. A certifier can only be someone who is not related to the party who is being verified. For example, spouses may not certify each other s documents. As part of the certification of each document, the certifier must; - Sign and date the document; - Print full name clearly in capitals; - State position and capacity with any relevant professional membership number; and - Provide full address and telephone and/or address at which he/she may be contacted. In the case of a Notary or Lawyer, certification must be authenticated by an Apostille according to the Hague Convention of 5 October 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents. In the case of a jurisdiction that is not party to the Hague Convention, validation of the certification can be provided by the appropriate government department or by a Maltese consular or diplomatic representative. It is advisable that original documents, unless otherwise stated, should not be submitted, as they will be retained by Identity Malta Agency. or certified of additional documents or further information may eventually be requested, as the case may be. Specific forms apply for each of the main applicant, adult dependants and minor dependants. Each required form is described hereunder. 3

4 Document List 1 MIIP Application Form N for Main Applicant 2 MIIP Application Form O for Spouse and Adult Dependants Required for adult dependants aged and parents or grandparents over the age of 55 of the Main Applicant and/or his/her spouse. 3 MIIP Application Form P to be submitted by parent/legal guardian on behalf of a Dependant Child under 18 years of age 4 MIIP Form PDFEE - Personal Details, Family Information, Education and Employment Required for every applicant. 5 MIIP Form SSFW - Statement of Source of Funds and Wealth Required for the main applicant. 6 Bank Statements The main applicant must submit the previous 3 months original bank statements of the account from which funds for the MIIP are being remitted. (The account must correspond with the bank details provided in Section D of Form SSFW). 7 Benefactor (where applicable) If cases where the contribution is being funded by a person other than the main applicant (i.e. the spouse, an adult dependant, or another party), the Benefactor must also: a) complete MIIP Forms SSFW and PDFEE; b) provide bank statements of the account from which funds for the MIIP are being remitted for the previous 3 months; and c) provide a certified passport and other due diligence documentation. It is advisable that such cases should be discussed with the Concessionaire/Approved Agent. 8 MIIP Form PSC - Photograph and Signature Certification Required for every applicant. 9 MIIP Form MRQ - Medical Report and Questionnaire Required for every applicant, with the identification seen and verified by the examining physician attached. 10 Passports copy passports or travel documents are required for all applicants. Include only photo of pages showing details regarding: The passport number, date and place of issue and expiry; The photograph, name, date and place of birth; Issuing country and signature; and Passport amendment page(s) detailing any specifications or revisions. and Copies 4

5 11 Identity Card and/or Residence Permit (where applicable) Required for all persons applying for citizenship, including children. 12 Photograph Requirements Six (6) identical coloured photos taken on a white background on non-glossy paper are required for each member of the application. Photos must have been taken within six (6) months of the application submission. The size should be 40 mm x 30 mm. Full photo requirement guidance is detailed in the Notes For Form A of the Application for a European Union Malta Passport Form OLA A-Form A. Please note the requirements relating to the endorsement of two (2) photographs, as detailed in Section 21 of these guidelines. 13 Birth Certificate Two (2) original extracts of full birth record or original of full birth certificate (i.e. a birth document that also includes the parents details) are required. NB: At the time of submission, certified will be acceptable; however, following the issuance of the Certificate of Naturalisation, the birth certificate has to be registered at the Public Registry in Malta in order that a Maltese Passport or a Maltese Identity Card may be issued. It is a requirement that only an original extract is acceptable for such purpose, and such certificate is retained by the Public Registry. If there is difficulty in obtaining an original extract of the birth certificate, you are advised to discuss the matter with the Concessionaire or the Approved Agent. 14 Police Certificate/Certificate of Conduct All applicants aged 12 and over must provide an original police certificate for any country where they have lived for more than 6 months over the past 10 years, and all countries of the citizenship(s). Police certificates must be less than six months old. The only exception is if the applicant can provide satisfactory evidence that they have never resided in their country(s) of citizenship. If a police certificate cannot be obtained, the reason and supporting documentation is to be provided by the applicant. This must be accompanied by: 1) a sworn affidavit (before a duly licensed lawyer or notary public) stating whether the applicant has been found guilty, convicted of, or charged with offences against the law in that country; and 2) other information attesting to the character of the individual. In some countries the police authorities will only send the certificate directly to the foreign government requesting it. In such cases, the certificate should be sent to the following address: Identity Malta Agency, Mediterranean Conference Centre, Old Hospital Road, Valletta VLT 1645 Malta s s 5

6 15 Military Record(s) (where applicable) If any applicant has served in the armed forces of any country, or received military training, certified of records or certificates must be provided. 16 Change of Name Document(s) (where applicable) Copy of proof of name change, if applicable for any applicant (i.e. deed poll, adoption papers, etc.) must be provided. 17 Document of Evidence of Residential Address The following documents would be acceptable and must be no more than 6 months old: - a residence certificate from the Municipal/local authorities; - a utility bill; - a statement from a recognised credit institution; or - correspondence from a central or local government authority, to be stamped and dated by the Municipality. 18 Marriage Certificate (where applicable) For a married applicant, two (2) original of marriage certificate(s) or extracts of marriage record must be provided. NB: At the time of submission, a certified copy will be acceptable; however, following the issuance of the Certificate of Naturalisation, in the case of married persons who following marriage have changed their name, the marriage certificate has to be registered at the Public Registry in Malta in order that a Maltese Passport or a Maltese Identity Card may be issued. It is a requirement that only an original extract is acceptable for such purpose, and such certificate is retained by the said Public Registry. If there is difficulty in obtaining an original extract of the marriage certificate, you are advised to discuss the matter with the Concessionaire/Approved Agent. 19 Divorce Document (where applicable) For an applicant who has been divorced, a certified copy of divorce document(s) is required. 20 Document Translations (where applicable) Any document(s) that are not in English (including certifications or stamps) must be accompanied by an authenticated translation into English. Translations must be prepared by a professional translator (officially accredited by a court of law), a government agency, an international organization or a similar official institution. If the translation is prepared in a country where there are no officially accredited translators, the translation must be prepared by a company whose sole or main business is doing professional translations. The translation must be signed by at least one authorized signatory of the translating company. Translations must be authenticated by an Apostille according to the Hague Convention of 5 October 1961, Abolishing the Requirement of Legalisation for Foreign Public Documents. In the case of a jurisdiction that is not party to the Hague Convention, or Copies Copies 6

7 validation of the certification can be provided by the appropriate government department or by a Maltese consular or diplomatic representative. 21 Application for a Malta Passport A European Union Malta Passport Application Form OLA A - Form A must be submitted with the Malta Individual Investor Programme (MIIP) Application, under the provisions of the Maltese Citizenship Act (Cap 188) Malta Individual Investor Programme Regulations. The passport form is available from the Malta Passport Office, Evans Building, Merchants Street, Valletta, VLT 2000, Malta, or by downloading a PDF version from the website: Full details of how the form should be completed are detailed in Notes for Form A attached to Form OLA A. The passport application form should be submitted, in accordance with Notes for Form A, except for the following sections: Section 4 - Section 5 - To be left blank Item (c) will only become applicable on completion of Section 4 by Identity Malta (when the Certificate of Naturalisation has been issued, Section 4 will be completed by Identity Malta). Further Information regarding passport applications It is to be noted that Maltese passports contain biometric features. Even if the biometric data has not been provided, you may still submit an application for a Maltese passport, although providing such data at the time of application is likely to accelerate the passport issuance. Applicants aged 6 years and above must attend in person at the Malta passport office in Valletta, or at an Embassy, High Commission or Consular Office which has the necessary facilities to capture biometric data, including facial features. Children who are likely to turn 6 years of age during the course of an application should follow the process for a child aged 6 years and over. The scanning of fingerprints will be undertaken on all children aged 12 years and above. Biometric data can be given and stored for a period of up to 6 months. All passport applications must be supported by a Recommender who has known the applicant personally for a minimum period of 2 years. The recommender s declaration must be completed and signed by either a Maltese citizen or by a Commonwealth citizen if the applicant resides abroad or is at the time of the application, outside Malta. The recommender should be: - a minister of religion; - a medical or legal practitioner; - an architect; - a civil servant at the discretion of the Passport Office; - a bank manager; or - another person of similar standing. 7

8 If you experience difficulty in meeting requirements regarding the above-mentioned qualifications in respect of the said recommender, you are advised to discuss the matter with the Concessionaire or Approved Agent. The recommender should endorse two (2) of the photographs (as referred to in Section 12), by signing on the reverse, and stating as follows: true likeness of Mr/Ms [name and surname of applicant]. Where the first name has been changed, documentary evidence is required (i.e. a previous passport or I.D. card). This name change will be annotated on the passport, when issued, with the inclusion of a handwritten note on page 3 stating that Applicant is also known as.. Further to Section 16, a name change adopted by deed poll in any foreign country will not be recognised. Please discuss this with the Concessionaire/Approved Agent. Where a person has been legally adopted, please contact the Concessionaire/Approved Agent to discuss the process for the passport application. Please Note: If a passport application is submitted at the same time as biometric data is captured (at a Maltese Diplomatic Mission or at the Maltese Passport Office), the passport application fee payable at the time will be 500. Alternatively this passport application fee can be remitted to IIP Malta Ltd, with the passport application, if biometric data has not yet been captured as has been indicated. NB: The 500 passport application fee is distinct from the fees outlined in Notes For Form A Section Oath of Allegiance It is a requirement that an Oath of Allegiance must be taken prior to the Certificate of Naturalisation being issued. The Oath is required from all applicants aged 18 years and over. The Oath can be taken before a Commissioner for Oaths in Malta, at the offices of Identity Malta. 23 Suitable evidence of dependency for all dependants The specifics of each dependant, if not clear, should be discussed with the Concessionaire/Approved Agents in order to establish the facts or history of the dependency, and determine the appropriate documentary evidence that will be provided for each dependant individual. It is a requirement to provide documentary evidence that each individual (except minor children) is wholly dependent on the main applicant, and in the case of parents and grandparents, that the individual also forms part of the main applicant s household. If applicable, it is a requirement to demonstrate sole custody or guardianship which has been awarded by a court of law or other relevant authority. n/a 8

9 24 Evidence of comprehensive health insurance cover Evidence that the main applicant and dependants are covered by a global health insurance policy is required at the time of the submission of the application. Please therefore submit a certified copy of the policy document. The insurance cover must be at least 50,000 per person, per annum, and must be produced for inspection by Identity Malta on application. The main applicant s application form (Form N) includes a declaration whereby the main applicant, should he/she be granted citizenship, commits themselves to retaining the health policy indefinitely in respect of themselves and their family members. 25 Evidence of Property Requirement It is a requirement under the IIP that, an applicant shall demonstrate within four months of the issuance of the Letter of Approval in Principle that an address has been formally acquired in Malta. Please submit a certified copy of the contract of purchase or of lease. The main applicant s application form (Form N) also contains a declaration that should he/she acquire citizenship the following property conditions would be fulfilled: - purchase a residential immovable property in Malta having a minimum value of 350,000; or - lease a residential immovable property in Malta for a minimum annual rent of 16,000. Property purchased as part of an IIP application must be held for 5 years, commencing from the date of the issuance of the Certificate of Naturalisation. The property may be sold provided that a replacement property has a minimum value of 350,000, and is held until the end of the 5 year period, as defined above. A property purchased as part of an IIP application may not be let. Similarly, a property taken on lease as part of an IIP application may be replaced by one with a minimum annual rent of 16,000, always provided that the total lease period is a minimum of 5 years. The property may not be sub-let. Any lease entered into prior to the issuance of the Certificate of Naturalisation must be of sufficient duration to allow for 5 years plus the length of time between the commencement of the tenancy and the date of the issuance of the Certificate of Naturalisation. It is important to note that legal costs for the purchase or lease of the property are not included in any fees quoted by the Concessionaire or Approved Agent. 26 Evidence of Investment The main applicant s application form (Form N) contains an undertaking that the main applicant shall make an investment of 150,000 in investments prescribed by Identity Malta. In addition, please complete the Form of Instruction to the Central Bank of Malta for the purchase of qualifying stock to meet the requirements of the IIP. Such investment should be in stocks, bonds, debentures, special 9

10 purpose vehicles or other investment vehicles. The investment options will be identified from time to time by Identity Malta by means of a notice in the Gazette. Once the Letter of Approval in Principle has been issued, the main applicant has four months in which to demonstrate that the investment has been made. Such evidence is required before the Certificate of Naturalisation is issued. A request to remit funds will be given by Identity Malta at the time of the Letter of Approval in Principle. The funds are to be paid to Identity Malta for onward transmission to the Central Bank of Malta. The stock will be held to the order of the client by the Central Bank of Malta, under pledge to Identity Malta for the period of 5 years. The pledge is removed after 5 years from the date of issuance of the Certificate of Naturalisation. 27 Evidence of Residency The main applicant is required to prove that he/she has been a resident in Malta for a period of at least 12 months preceding the date of the issuance of the certificate of Naturalisation. Please discuss this matter with the Concessionaire or Approved Agent in order to provide satisfactory documentation. or Copies 10