Malta, which joined the European Union in 2004, is constantly improving its own legislation. The authorities have long understood the benefits of attracting wealthy residents and therefore are trying to ensure that the legal norms governing these issues are as comfortable as possible, transparent and meet the most modern standards.
Malta Citizenship Law. Who can apply for citizenship.
The main provisions are regulated by the Constitution and the adopted 1964 year The Law "On Citizenship".
As a general rule, the opportunity to become a "Maltese" is provided to everyone who:
- Undertakes to respect the laws of the state and its people;
- Will take an oath of allegiance to the country;
- Has no connections with the underworld;
- Able to confirm its solvency and usefulness for the island nation.
Who is prohibited by law from becoming a citizen of Malta
Malta is one of the most loyal EU and Schengen countries towards migrants.
However, there are a number of categories of persons who, according to the law, will be denied obtaining a document:
- With a criminal record in Malta, their own or any other EU country and are wanted by Interpol or Europol;
- Military personnel of a foreign state;
- Members of the special operations forces and other special services;
- Those accused or suspected of having links with terrorist, extremist and other criminal groups and associations.
Methods for obtaining citizenship of Malta
Today there are several legal ways to become a Maltese:
- By birth and descent;
- As a result of marriage;
- By naturalization;
- For investments;
- According to the recovery procedure;
- Other methods and grounds.
Despite the fact that there are quite a few listed reasons, due to certain peculiarities, not all of them are available to residents of Russia.
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Citizenship by birth and descent
Any child born in the country from the moment of independence in 1964 to August 1989 was immediately granted citizenship.
After 1989, the principle of "blood" became the basic principle. That is, the citizen of Malta became the one who was born from the marriage of the Maltese on the territory of the island or outside it, while either the father or the mother are citizens of the island state.
After the 2007 reform, the principle was clarified. From now on, any child, regardless of place of birth, but whose mother or father is Maltese, can, if desired, obtain a country's passport by registering with the Department of Citizenship.
Outside the Republic, it is required to contact the consular mission of Malta.
As a result of marriage
The option of obtaining a passport through legal marriage with a Maltese is also permitted by law. Having formalized the relationship, the Maltese citizen must submit to the above-mentioned special authority an application for the legality of the marriage. Then you need to be married at least 5 years. In this case, the place of residence of the family does not matter.
By naturalization
Naturalization - that is, the process of acquiring citizenship during a long-term residence in Malta - is also provided. Permits are issued upon request after verification by the Ministry of Internal Affairs and Justice.
This method is not often chosen, since it will take about 18 years to live in the country, and even so there is no guarantee of a positive decision at the request of the applicant. Russians rarely fall under this ground, and most often it is used by refugees with a confirmed justification for persecution in their country, as well as those who have proof of birth from a Maltese citizen.
For investment
The government of a country belonging to both the EU and the Schengen area and the British Commonwealth is well aware of the attractiveness and all the advantages that a country's passport gives. However, those who want to "buy" it cheaply will not succeed. The conditions and legislative procedure on the issue are quite strict, albeit quite transparent.
Since 2014, a specialized fund and a program for attracting wealthy foreigners (Malta Individual Investor Program). Its essence:
- Invest in the country's economy from 650,000 euros;
- Purchase real estate worth at least 350,000 euros (or rent a house at a price at least 16,000 euros per year).
- Purchase government bonds or securities for a 5-year period in the amount of 150,000 euros.
The law provides for the verification of all invested funds, which is subject to taxation.
Additional contributions are provided for adult and minor family members of the investor (50,000 and 25,000 each, respectively).
Residence is also required to be confirmed for 5 years, after which it will be possible to apply for citizenship in a simplified manner.
According to the recovery procedure
Persons who previously possessed a country's passport can claim its restoration in accordance with the legislative procedure. A simplified procedure is provided for him, according to which he does not need to take a language test and live within the country. The result is reported after reviewing the documents.
Other methods and grounds
Many cases of receiving the coveted document from the country's authorities are exceptional. Consideration takes place individually based on a specific situation.
Recipients can be conditionally divided into the following categories:
- Refugees from places of hostilities and persons persecuted on various grounds in the country of their permanent residence;
- Citizens of other states wishing to reunite with their relatives who are citizens of Malta or legally residing there on a permanent basis;
- Recognized specialists or persons to whom the authorities have granted citizenship for special merit or contribution to the development of the country.
In what cases is "dual citizenship" possible?
The possibility of having two passports has been provided for by the legislation of the country since 2000. For the authorities of Malta, a person with her passport remains exclusively a resident and taxpayer of the island, which does not negate his rights and obligations in relation to a country whose passport, other than a Maltese one, he has.
It is only important how the legislation of another country looks at this issue. So, for Russians there is no legal prohibition to have a passport of Malta as a second.
The procedure for obtaining citizenship
There is no uniform procedure for obtaining citizenship in the country. It all depends on the basis or program under which the applicant falls.
Where to contact
For investors, the procedure for submitting an application for registration includes the following steps:
- Conclude an agreement with an accredited agent of the Malta Migration Program, make a notarized power of attorney in the name of the representative;
- To register or submit the fact of registration of investment deposits and purchase of real estate;
- Prepare the required documents and hand them over to the agent who will send them to the justice and internal affairs bodies of Malta;
- If the investor is on the island, then the package and the request-statement can be transferred to the police department at the place of residence on their own;
- After verification, which lasts about 3 months, you will need to pay the government bill;
- If the applicant is abroad: to fly to the republic and submit the biometric data, come on time (from 1 to 3 months) to take the oath and issue the document. As a rule, this takes place in a solemn atmosphere in the municipality at the place of residence or registration.
For those who receive a document on the right of "blood", and these are, as a rule, children - Maltese parents (or at least one of them) submit a request either to the civil registration authority in the country, or to the consular office of Malta abroad ...
Necessary documents and requirements for them
The following documents must be attached to the application for a Maltese passport:
- Request-application for granting citizenship;
- Main passport;
- International passport;
- For those who are married and have children - relevant civil status documents and birth certificates;
- Photos (4 pieces, 3x4 format);
- Any document confirming the legal right to live on the island;
- Proof of no criminal record in your home country and Malta;
- Documents on the purchase or lease of a permanent place of residence in the republic;
- Medical insurance issued by a medical facility in Malta;
- Confirmation of financial solvency from a bank resident of the republic.
Information certificates are translated into one of the official languages and certified by a Maltese notary company. In each specific case, the authorities have the right to additionally request separate documents.
Important! After purchasing (or renting) real estate on the island, a Maltese Resident Card (eResince) will be issued. The recipient must stay in the country for at least a year. After that, the card is also attached as one of the documents.
A special feature of Malta is the need for foreigners to pass a special test for knowledge of the realities and characteristics of the country (for example: the anthem), as well as the language. Malta is a bilingual state: the official ones are Maltese and English. Our compatriots, as a rule, choose the second one.
Testing takes place in writing, followed by an interview. Without confirmation of passing the test, the citizenship request will not be accepted.
Cost and terms
The period for conducting inspections and considering an application varies, but in general it takes no more than a year.
Based on the conditions of the investment program, anyone wishing to obtain Maltese citizenship on this basis should be aware that the amount of investment can be estimated 1-1.5 million euros, depending on the:
- Place of residence;
- The type of real estate and securities in which investments are planned.
Do not forget about the costs of processing all documents and the procedure for their state verification:
- Application fee - about 10,000 euros;
- Consideration of a request and issuance of a resident card - 1000 euros;
- Registration of a passport by a government agency - EUR 460 per applicant.
Also, the applicant will give a certain amount as a commission to the representative company of the migration program, if the registration is done remotely. The provision of this service is a licensed business, so you should carefully study the details of the company before working with it to avoid fraud.
Possible reasons for refusal and what to do in this case
In practice, refusals to obtain citizenship of the island republic are quite frequent. The reasons are different: from the inconsistency of the information provided (in particular, it concerns the financial history) and the insufficiency, in the opinion of the authorities, of the declared income, to trivial mistakes in the preparation of the package of documents.
The fact that the applicant has violated the laws of the EU and Malta will also be an obvious reason for the authorities to prevent the issuance of a passport.
The court can help the foreign applicant. The applicant or his legal adviser prepares an appeal against the actions of the authorities, indicating the violations of the law or the lack of grounds for refusal. It must be submitted within 2 months from the date of receipt of the refusal letter.
Is it legal to buy Maltese citizenship
This procedure is legalized and determined at the level of the authorities. Another thing is that not all countries are equally positive about the acquisition of a second passport by their citizens and often consider its presence as a crime, the sanctions for which may include:
- Deprivation of one's own;
- Forced renunciation of the issued citizenship.
Acquisition of citizenship of the Maltese Republic is a long and costly process, but the benefits that are provided to residents of the island state, which is a member of both the European Union and the British Commonwealth of Nations, are obvious.
Malta from year to year remains one of the most popular destinations for investment migration according to the UN and other international organizations.
