Documents Presented as Part of the Application
With regards to the representation agreement between the client and the licensed agent, does this have to be in some particular format?
Yes. This has to be a fully-fledged Power of Attorney (POA) and must include:
- date;
- details of main applicant: full name, passport number and country of issuance and residing address;
- details of the agent: full name, ID Card number, residing address and AKM License number;
- validity to cover the full duration of the application process, from submission to collection of residence certificates and residence cards;
- signature of grantor; and
- details of witness: full name and signature, passport number and country of issuance.
If translators are mentioned, these must be identified and must sign the POA.
What is the process of legalisation for documents originating from Vietnam?
Any document that requires legalisation from Vietnam, must first be legalised in Vietnam from either of the below locations:
- Consular Department - Vietnam Ministry of Foreign Affairs Address: 40 Trần Phú Street, Ba Đình District, Ha Noi Phone number: (0084) 24 3799 3125
- Department of External Relations – Ho Chi Minh City: Address: 6 Alexandre de Rhodes, District 1, Ho Chi Minh City, Phone number: (0084) 28 3822 4224 or (0084) 28 3822 3055
Once a document is legalised in Vietnam, this must be sent to the Maltese embassy in Beijing, China, for counter legalisation at:
- 51, San Li Tun Diplomatic Office Building, Chaoyang District, Beijing, China
Applicable fee is RMB 200 (€25) per document as per Legal Notice 221 of 2016.
It is important to note that an appointment must be set in advance to submit the documents at the Maltese Embassy in Beijing, China on Thursdays between 10:00 and 12:00hrs. Documents must be presented and collected in person by the applicant or his/her representative. Processing time is 10 working days.
What supporting documentation should be submitted to show that the donation to the NGO has been made?
A receipt from the relevant NGO registered with the Commissioner of Voluntary Organisations showing a donation of €2,000 should suffice.
Can oaths be taken via video conferencing?
Oaths taken via video calls are not accepted. Oaths are to be taken in the physical presence of the Commissioner, while also indicating the place it has been taken. During the oath-taking, the identity of the person taking the affidavit is confirmed by the Commissioner and identity documents verified. Moreover, the individual needs to thoroughly understand the seriousness of what s/he is swearing to.
Is a Commissioner for Oaths a suitable person to attest to the signature of the affiant in an affidavit?
Yes, the Commissioner for Oaths is a suitable person for this function.
When submitting declarations, is a written, signed declaration from the client adequate? Or does an affidavit have to be submitted?
In certain cases, a written signed declaration is needed, as in the declaration of wealth/income, for example. In other cases, and this is specifically stated, an affidavit is required. For example, when main applicant declares that dependants over 18 years are principally dependent on him/her.
When there is no Maltese embassy or consulate in a certain country, or if main applicant so desires, can a local lawyer/solicitor/notary be the witness for the signature of an affidavit? Also, can a local court of law be the witness of the signature?
Whoever is empowered to administer oaths in that respective jurisdiction (and the Agency has official confirmation that this is the case) can witness the signature in person and other affidavits. A Commissioner for Oaths could also be available in local courts of law. It is to be remarked that all signatures should bear the stamp of office and any other relevant details.
In Form MPRP3, Part D needs to be filled in by the examining practitioner. Who can this be?
This person may be the same general medical practitioner who filled in Part A of MPRP3. However, it could be a different medical practitioner.
On Form MPRP3 (Medical Report and Questionnaire), if a specific doctor fills in and signs the form, does the form have to be supplemented with a medical report?
The form should suffice as long as it is accompanied by the patient’s identification document which is stamped, signed and dated by the examining physician.
What is the applicable procedure for the certification of Form MPRP1 and Form MPRP7?
Form MPRP1 and Form MPRP7 are to be certified via a licensed agent after the latter would have verified the applicant’s identity via digital software made available by Residency Malta. A copy of the identity software verification report is to be signed by the licensed agent and submitted with the form. An applicant also has the option to have these forms signed in the presence of a Commissioner for Oaths. The Commissioner for Oaths needs to witness the signatures. A Commissioner for Oaths shall be deemed to be a person who under the law of that country, is empowered to administer oaths.
How should Form MPRP4a be completed?
For minors who are less than 12 years old on date of application, the tick box in Part B and all of Part C have to be completed. In the case of a minor dependant who is between 13 and 18 years, Part B and Part C have to be completed. Part C is to be filled in and signed by the main applicant or the spouse, who is to select in which role he/she is submitting the form by selecting main applicant or spouse in the appropriate field. If he/she has sole custody, he/she has to denote this by ticking the box denoting sole custody. Part D is to be filled in by the other parent/legal guardian of the minor unless the other parent has sole custody. Again, this person (other parent/legal guardian) has to tick whether he/she is the main applicant, the spouse or a non-applicant in relation to the minor whose details are written on the form.
Does one marriage certificate per couple suffice and do all divorce certificates need to be submitted?
There is no issue with producing one marriage certificate (or a certified true copy) for a wedded couple. However, all divorce certificates must be submitted.
Is the affidavit of dependency the only requirement as proof of dependency or is any additional proof/supporting documentation required? For instance, school certificates, certificate of retirement, etc.?
The affidavit of dependency should suffice but any supporting evidence would facilitate the process.
Which documents must be provided as evidence of business ownership?
Originals or Certified true copies of the following documents, or their jurisdictional equivalent, are to be provided for all businesses owned in part or in whole:
- certificate of incorporation.
- memorandum and articles of association.
- share register.
- register of directors.
In those cases where the official extract from the National company registry of the applicable jurisdiction contains all the relevant details, including incorporation information, list of shareholders, registered and paid capital including dates, and the list of directors and/or all legal persons, this extract can be submitted instead of the above documents.
Depending on the jurisdiction, documents can, at times, be titled in a different manner but would still hold jurisdictional equivalence.
When this occurs, a declaration is required stipulating such differences in titles.
If you are not sure whether the official extract or any of the document satisfies the required criteria, it is suggested that you seek advice from the Agency’s Client Relations and Compliance department before submitting the application pack.
What evidence would main applicant who declares that he is both self-employed and employed need to submit?
In the case where main applicant is both self-employed and not, he has to mark both options in Part C of Form MPRP2 and has to produce evidence on both his/her employment and his/her self-employment.
Is evidence of employment required when the main applicant is not self- employed?
Yes, evidence of employment is required when main applicant has declared that he is not self-employed.
We assume that evidence of business ownership is applicable only when the main applicant has declared that he is self-employed. Is this correct?
In the case of business ownership, whether in part or in full, evidence is required whatever the declared employment status of the applicant. For more information, please refer to question Q56.
In which language should a self-declaration be submitted?
A self-declaration has to be signed and dated by the issuer and has to be submitted in original. Any self-declarations not in English must be translated to English. Translations done abroad have to be apostilled/legalised. Translations done locally do not need to be apostilled/legalised but have to be carried out by a Malta registered translator.
We are informed that notaries in mainland China do not notarise and apostille documents. Have you encountered this issue? What is the acceptable procedure?
Yes, we have encountered such occurrences. Official documents/notarial certificates originating in China have to be legalised, meaning that such documents have to be certified by the foreign ministry of China and subsequently certified by either the Maltese Embassy in Beijing or the Maltese Consulate in Shanghai. Several applicants have already done this without encountering issues.
Applicant must provide an undertaking to purchase or lease a qualifying immovable property and to remit the total of the non-refundable administration fee. Is the declaration on Form MPRP 1 sufficient or do you require a separate undertaking executed by applicant?
The declaration in Part B on Form MPRP1 suffices.
Is there a specific template for the affidavit of dependency?
No, there is no specific template. Moreover, this is required only for adult children, parents and grandparents.
Is documentary evidence of residential address required only for main applicant or for all adult dependants, including the spouse?
Only documentary evidence for each current residential address held by the main applicant is required.
How should an agent proceed if main applicant and/or his/her dependants are not able to obtain a police conduct certificate from a particular country?
As outlined in the legislation, a police certificate is required, issued by the competent authorities (federal or national) in the country of origin and in the country or countries of residence where main applicant has resided for a period of more than 6 months during the last 10 years. Only in exceptional cases, where it is proven to the satisfaction of the Agency that such a certificate is not obtainable, we would require an affidavit from a police official and/or a government entity in his/her country of origin or where he has resided for a period of more than 6 months in the last 10 years, confirming that good faith attempts were made by applicant to obtain the required certificates. Moreover, another separate sworn affidavit made by applicant and any dependants, declaring a clean criminal record is required.
In the case of minors, consent by both parents is required. In this regard, which application forms should the parent (who is not part of the MPRP) sign to give his/her consent for the minor to be part of the MPRP with the other parent?
Reference is being made to Form MPRP4a – Declaration of Minor Dependant. In case where an applicant has sole custody of the child/dependant, his/her partner is not required to sign any additional papers. This is without prejudice and subject to the national laws in the child’s country of origin. In the case of shared custody, the other parent has to fill in Section C and provide a copy of his/her full passport.
Which documentation is required to prove custody of minors?
- In the case where main applicant has sole legal custody, a court ruling is required.
- In the case where main applicant and spouse share the custody and the spouse is part of the application, they both need to sign Form MPRP4a related to the minor.
- In the case where main applicant and spouse share the custody but the spouse is not part of the application, spouse needs to sign Form MPRP4a related to the minor and a full certified true copy of the passport is required.
- In the case where the spouse has sole custody, a court ruling is required.
- In the case where main applicant shares custody with the biological parent, who is not part of the application, the biological parent’s consent is required together with a full certified true copy of the passport.
- In the case where the spouse shares custody with the biological parent, who is not part of the application, the biological parent’s consent is required together with a full certified true copy of the passport.
- If the biological parent has sole custody and is not part of the application, the minor cannot be included in the application.
Note that if the non-applying party does not hold a passport, an affidavit must be provided.
Would main applicant need to submit a copy of divorce certificates, and signature and copy of passport of the divorced partner(s) in case of dependent children?
In case of a divorced individual – whether a main applicant or a qualifying dependant - a divorce certificate must invariably be submitted, even if the said individual has since re- married.
Would the Agency require original certificates such as birth and marriage etc., at a later stage rather than at the initial stages of the application?
No, such certificates are required at initial application stage and they may be submitted either as originals or as certified true copies of originals, apostilled or legalised as the case may be. If such documents are in a language other than English these should be translated to English. Translations done abroad should be apostilled or legalised. Translations done in Malta should be carried out by a registered translator.
Where do I find a list of documents that have to be presented during application submission stage?
A comprehensive list can be found in the Agent Handbook, available on the Agency’s website.
Would the agent be requested to submit any documents prior to setting up an appointment with Client Relations and Compliance in order to submit the initial application?
No, there is no need to submit any documents prior to setting up an appointment. The agent must simply ensure that all documents stipulated in the guidelines/application forms, are provided on submission of application pack.
For those jurisdictions which require an Agency recommendation to issue a police clearance or for direct submission of the clearance to the Agency, agents should submit a police conduct request to Client Relations and Compliance well in advance so that a good application can be submitted.