Malta Citizenship by Direct Investment

January 24 11:41 2024 by The Editor Print This Article

Under Maltese citizenship law, Legal Notice 437 of 2020 prescribes the requirements for the acquisition of Maltese citizenship by naturalisation for exceptional services to Malta on the basis of exceptional interest in accordance with Article 10(9) of the Maltese Citizenship Act, Chapter 188 of the Laws of Malta. Community Malta is the governmental agency responsible for the administration of Maltese citizenship applications under various routes including the Granting of Maltese Citizenship for Exceptional Services Regulations.

Maltese Citizenship through Exceptional Services

A Maltese citizenship application on the official forms and with the necessary supporting documents can be submitted only after the completion of the residence period of 36 months (or in the exceptional investment route, 12 months), if the Minister is satisfied that the applicant meets the eligibility criteria. Once this is submitted, the Agency shall evaluate the application and submit a report to the Minister responsible for citizenship. If the application is approved, the Community Malta Agency shall issue a Letter of Approval in Principle to the Applicant. The applicant shall be required to complete the process and take the Oath of Allegiance within six (6) months from the approval.

> Malta Citizenship Agents

Investment Requirements

The applicant is required to submit:

  • Undertaking to purchase a residential property worth at least €700,000 or rent a property for a minimum annual rent of €16,000, which shall be kept for a minimum of five (5) years from the oath of allegiance.
  • Undertaking to donate prior to the issue of a certificate of naturalisation, a minimum of €10,000 to a registered and compliant philanthropic, cultural, sport, scientific, animal welfare or artistic NGO or society.
  • Undertake to make a non-refundable investment of €600,000 when the application is submitted after 36 months of residence or €750,000 when the application is submitted after 12 months of residence.
  • Undertake to make a non-refundable investment of €50,000 for each dependant.

Family Members inclusion in Citizenship Application

Under the Maltese Citizenship for Exceptional Services Regulations, an applicant for Maltese citizenship must be at least eighteen (18) years of age and can include in his application:

  • A spouse in a monogamous marriage or partner in another relationship having the same or similar status to marriage, including a civil union
  • A child or an adoptive child of the main applicant or his/her spouse, who has not yet attained eighteen (18) years of age at the time of submission of the application
  • A financially dependent, unmarried child of the main applicant or of his/her spouse, who has attained eighteen (18) years of age but has not yet attained twenty-nine (29) years of age, at the time of the submission of the application
  • A financially dependent parent or grandparent of the main applicant or of his/her spouse, over the age of fifty-five (55) years
  • A child or an adopted child of the main applicant or of his/her spouse, who at the time of the application is qualified as a person with disabilities.

The applicant and any of his dependants must submit a health form duly filled and certified by a recognised medical practitioner, clinic, hospital, medical or health institute attesting that the applicant and his dependants are in good health and are not suffering from any contagious disease and are not likely to become a burden on the Maltese public health system.

Malta Citizenship by Direct Investment: Due Diligence

Community Malta Agency shall administer the due diligence and verification process of the eligibility of the applicants. The Agency shall cause due diligence checks to be performed also by third parties including one or more internationally recognised specialised due diligence service providers, in respect of every applicant. Such due diligence checks shall be of a four (4) tier nature or more, as the Agency shall determine from time to time and may include security checks to be carried out by law enforcement authorities in line with the Data Protection legislation.  Governmental due diligence fees  for application for Maltese citizenship under the exceptional investment route:

  • €15,000 – Main Applicant
  • €10,000 – Each Dependant
  • €15,000 – Benefactor (if applicable)

Eligibility for Maltese Citizenship through Exceptional Services

Applicants under these regulations shall be eligible if that person:

  • Undertakes to take the Oath of Allegiance to the Republic of Malta
  • Undertakes to promote the fundamental and democratic values of the Republic of Malta
  • Undertakes to support the Maltese community in the spirit of social justice and equity
  • Undertakes to render an exceptional contribution to the Republic of Malta through an exceptional direct investment in the economic and social development of the Republic of Malta
  • Undertakes to declare that the applicant and his dependants are fit and proper persons to hold Maltese citizenship
  • Undertakes to submit a medical examination report attesting that the applicant and his dependants are in good health and not suffering from any contagious disease and not likely to become a burden on Malta’s public health system
  • Undertakes to submit a police conduct certificate

Grounds for Ineligibility

A person may not apply under these regulations if:

  • The person or any of the dependants is or was indicted of an offence before an International Criminal Court or has been arraigned at any time before an International Criminal Court, whether such person has been found guilty or otherwise.
  • The person or any of the dependants are listed with INTERPOL or EUROPOL
    The person or any of the dependants is an actual or potential threat to Malta’s national security, public policy or public health
  • The person or any of the dependants has been charged or found guilty of terrorism, money laundering, funding of terrorism, crimes against humanity, war crimes, defilement of minors, indecent assault and other serious crimes
  • The person or any of the dependants has been found guilty or suspected or has criminal charges brought against him for any criminal offence punishable with more than one (1) year imprisonment, other than an involuntary offence.
  • The person or any of the dependants is or is likely to be involved in any activity which may cause disrepute to the Republic of Malta
  • The person or any of the dependants has been denied a visa to a country with whom Malta has visa-free travel arrangements with, and has not subsequently obtained a visa from that country
    The person or any of the dependants is named or listed in international sanctions
  • If an applicant makes a false statement or otherwise omits material information, the application may be suspended and considered inadmissible.

Quota

The number of certificates by Maltese Citizenship by Naturalisation for Exceptional Services by Direct Investment granted (excluding dependants) shall not exceed four hundred (400) per annum, and a total of 1,500 for the duration of the regulations.

Source: Community Malta Agency

Point of Contact 

Dr Priscilla Mifsud Parker

Priscilla, a Senior Partner at Chetcuti Cauchi Advocates, holds leadership positions in both the Corporate, Trusts & Fintech and Families & Wealth practices. With a specialization in trusts, estate planning, wealth, and business structuring, she caters to high-net-worth individuals, families, financial institutions, and multinationals. Priscilla excels in tailoring solutions to optimize and safeguard high-value assets while reorganizing complex structures. 

Her expertise extends to assisting clients in structuring their wealth through well-organized, licensed entities, including investment funds. Notably, Priscilla played a crucial role in establishing the first Malta crypto exchange in 2013, demonstrating her ability to navigate uncharted regulatory territory. Her profound understanding of Malta's legislation allows her to design structures that meet client needs while ensuring ongoing regulatory approval. 

In addition to her core responsibilities, Priscilla provides advisory services on Maltese tax residency, permanent residence, and citizenship by investment. She serves as the Chairperson of the Society for Trusts and Estates Practitioners Malta Branch and is a Committee member of STEP Malta's technical sub-committee. Recognized as an Immigration Specialist on Investment Migration Insider, Priscilla focuses on residency and citizenship through investment, leveraging her expertise in international tax and wealth planning.

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