Immigration and Residency Law, Refugee Law, and Citizenship

In a nutshell, immigration law is the body of law which regulates the entry and exit of a person into a country or group of countries within a political union (such as the EU and/or its Schengen Area). This area of law concerns issues such as entry visas and related requirements, travel documents, irregular entry and asylum seeking and refugee law, overstaying, detention, deportation, etc…

Residency law is intimately tied with immigration law and concerns the rights and obligations regarding persons who are present and living in a country. Establishing one’s life in a foreign country entails laborious administrative work and many legal issues and implications may arise eg. Requirement of permits, programmes and schemes, domicile and taxation, rights of reunification of family members, retirement, vested rights (eg. after residing for a number of years).

Malta offers multiple residency schemes/programmes with tax advantages, such as:

• The Residence Programme (TRP)

• The Global Residence Programme

• The Malta Retirement Programme

• The Malta Residence and Visa Program (MRVP)

Citizenship is the official recognition by a country (a sovereign State) of a particular person as a citizen thereof. For all intents and purposes of law, as a rule, that citizen is treated as a national of that county, although such citizenship is susceptible to renunciation and/or deprivation. The Maltese Citizenship Act (Chapter 188 of the Laws of Malta) recognises: citizenship by birth or descent, citizenship by marriage, and citizenship by naturalisation (after living in Malta for a certain number of years). The Act also recognises multiple citizenship. Once a person is granted Maltese citizenship under the Act, such person is issued a certificate of citizenship and may apply for a Maltese passport.

Malta also offers a controversial citizenship by investment scheme, called the IIP (Individual Investment Programme) not covered by the Citizenship Act, whereby an applicant must make onerous investments (most notably the €650,000 contribution, purchase of property in Malta worth minimum of €350,000 or lease of a property amounting to not less than €16,000 per annum, as well as acquisition of €150,000 worth of stocks, bonds, debentures, special purpose vehicles or other investment vehicles as may be identified from time to time by the Malta Individual Investor Programme Agency (MIIPA).

Malta has unique strategic importance as an alternative residency destination for several compelling reasons.

Lexvirtualis™ can assist you with immigration, residency and citizenship issues ranging from:

• Obtaining a visa to enter Malta or the Schengen Area

• Third Country Nationals (in general)

• Entry and Re-Entry Bans

• Temporary residence permits

• Permanent residence permits

• Family Member Residence Cards

• Single Permits (SWP) and Employment Licenses (Work Permits)

• Residency Schemes and Programmes such as the Global Residency Programme

• Asylum and refugee law, as well as international protection

• Specific Residence Authorisation (SRA)

• Long Term Resident’s Status (LTR)

• Citizenship

• Appeals (Immigration Appeals Board and Refugee Appeals Board)