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20.11.2020

Malta Naturalisation for Exceptional Services

Summary

Naturalisation as Maltese Citizens by Direct Investment is provided under the "Granting of Maltese Citizenship for Exceptional Services Regulations".  The Maltese Citizenship Regulations for Naturalisation by Direct Investment allow the grant of citizenship in Malta after one or three years of legal residence, the passing of 4-tier due diligence and a direct investment of €600,000 to €750,000 to the Malta citizenship fund.

cONTINUE rEADING

The Government of Malta has introduced a route to naturalisation and Maltese citizenship by virtue of exceptional services to the Republic of Malta. This was enacted by virtue of "The Granting of Citizenship for Exceptional Services Regulations", issued by Legal Notice 437 of 2020.

The Granting of Maltese Citizenship for Exceptional Services Regulations

With the ever-changing global dynamics and evolving geopolitics, an increasing number of high-net-worth individuals are choosing to invest in a second citizenship, offering themselves and their families the chance to expand their horizons and join welcoming communities. Malta, a progressive independent EU member state spanning just 316 km² located in the centre of the Mediterranean sea, has developed citizenship through investment regulations for investors to contribute to its economy.

The scope of the Granting of Citizenship for Exceptional Services Regulations is to lay down the requirements of the acquisition of Maltese citizenship by investment. Each application goes through a thorough due diligence process to ensure that only fit and proper applicants are approved.

Applicants submitting an application under these regulations must satisfy three main requirements which include the investment in residential property, a donation to charity, and an exceptional non-refundable investment in Malta.

  1. An applicant must make a non-refundable contribution of €600,000 when submitting a citizenship application after 3 years, or €750,000 when submitting an application after 1 year.
  2. An applicant must purchase a residential property in Malta for €700,000 or rent a property in Malta for at least €16,000 annually. The property rented or purchased under these regulations should be kept for a minimum of five years.
  3. An applicant must also make a donation of €10,000 to a registered philanthropic, cultural, scientific, sport or animal welfare NGO who is approved by the citizenship agency.

Under these regulations, an applicant can include in the same application:

  • The spouse in a monogamous marriage or partner having the same or similar status including a civil union, domestic partnership, common law partnership or other relationships having a similar status,
  • The children of the main applicant and of the spouse who are unmarried and financially dependent on the main applicant. In order to be included children must be under the age of 29.
  • The parents and grandparents of the main applicant and of the spouse who are over the age of fifty-five and who are also financially dependent on the main applicant.

A person is not allowed to submit an application under these Maltese citizenship regulations if:

  • he or any of his 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, declared innocent or otherwise acquitted for any reason by such Court,
  • he or any of his dependants are listed with Interpol or Europol,
  • he or any of his dependants is an actual or potential threat to Malta’s national security, public policy or public health,
  • he or any of his dependants has been charged with or found guilt of terrorism, money laundering, funding of terrorism, war crimes, crimes against humanity and other crimes infringing upon rights established by the European Convention on Human Rights.
  • he or any of his dependants has been charged with our found guilt of rape, defilement of minors, pedophilia, abduction, violent indecent assault and prostitution.
  • he or any of his dependents has been denied a visa to a country with whom Malta has visa-free travel arrangements and has not subsequently obtained a visa from that same country.

All documentation to be submitted under the Malta citizenship by investment regulations shall be submitted in English. If the original language of the document is not English, an authenticated translation should be submitted.  

Eligible Exceptional Services leading to Maltese Citizenship

According to the Maltese Citizenship Act article 10(9) as amended in 2017 and July 2020, individuals who render exceptional services to Malta in the areas listed below are entitled to apply for Maltese Citizenship by Exceptional Services (MCES):

  • scientists,
  • researchers,
  • athletes,
  • sports people,
  • artists,
  • cultural performers,
  • investors and
  • entrepreneurs.

Exceptional services are defined as services that are unusually excellent or manifestly superior at a local level, and refers primarily to contributions given by scientists, researchers, athletes, sports people, artists, cultural performers, investors and entrepreneurs. Maltese Citizenship is granted to the applicant who renders such exceptional services as well as all eligible dependants of such individual.

The Minister may grant a certificate of naturalisation as a citizen of Malta to an alien or stateless person, who has rendered exceptional services to the Republic of Malta or to humanity, or whose naturalisation is of exceptional interest to the Republic of Malta, and who satisfies the requirements prescribed under this Act.

For the purposes of this sub-article "exceptional" means manifestly superior, and refers primarily to contributions by scientists, researchers, athletes, sports people, artists, cultural performers, investors and entrepreneurs.

Provided that the Minister shall also grant a certificate of naturalisation to an eligible dependent of an alien or a stateless person who has rendered exceptional services to the Republic of Malta through investment.

Maltese Citizenship Regulator

The granting of citizenship for exceptional services is regulated by a Regulator appointed by the Prime Minister of Malta in consultation with the Leader of the Opposition. The Regulator shall ensure that the process of naturalisation through exceptional services is duly followed.

Within the legal framework, an evaluation board will consider the person’s contributions and decide on the eligibility of that person for naturalization.

Maltese Citizenship Benefits

  • The main benefits of acquiring Maltese citizenship include:
  • Visa free travel to 190 countries including the UK, EU, Canada & USA
  • Opportunity to include family members in the same application
  • Residing in a jurisdiction with English as an official language
  • Malta has been a member of the European Union since 2004
  • Malta enjoys a stable political climate and very low crime rate
  • Malta is known for its high standard of living, favourable climate, rich cultural heritage, and excellent healthcare and education systems.
  • The right to reside, work and study in Malta
  • Citizenship can be passed down to future generations

Our Maltese Citizenship Law Practice

Chetcuti Cauchi Advocate is a leader in citizenship and residency legal advisory services.  We advise international families on all aspects of taxation, citizenship and residence law.  Our Malta immigration lawyers are lead by our Managing Partner Dr. Jean-Philippe Chetcuti and Senior Partner Dr. Priscilla Mifsud Parker (AKM-ACCA).

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