Golden Visas: Malta Residency by Investment Laws and Process

What is Immigration?

Immigration in Malta is the legal process by which non-Maltese nationals obtain permission to enter, live, work, study, or naturalise in Malta under the Immigration Act (Cap. 217). It includes short-stay visas, residence permits, work authorisations, investment routes, family reunion, and citizenship procedures.

Malta is in the EU and the Schengen Area, so EU law and Schengen rules apply alongside Maltese legislation. Different government bodies handle different parts of the system: Identita manages visas, Single Permits, and residence cards; Community Malta Agency manages citizenship; and Residency Malta Agency manages the Malta Permanent Residence Programme, the Nomad Residence Permit, and the Start-up Residence Programme.

Why Might You Need Legal Help with Immigration?

You may need a lawyer to choose the right route, navigate strict documentation and due diligence, and avoid delays or refusals under Cap. 217 and related regulations. Legal advice is especially valuable for investment routes, complex family situations, employer sponsorship, and citizenship strategies.

Maltese immigration processes are rule-heavy, with formalities like apostilles, translations, insurance, means testing, police certificates, and employer compliance. A lawyer helps you compare residency vs citizenship, understand physical presence obligations, manage tax interactions, calculate total program cost, and respond effectively if the authorities request further information or intend to refuse.

How Does the Immigration Process Work?

Immigration in Malta generally follows four steps: choose a route, prepare documents, submit to the correct agency, and complete post-approval conditions. Timelines and evidence vary by route, and several paths require in-person biometrics in Malta.

Below are typical processes for the main routes.

Schengen short-stay visa (C visa) - up to 90 days

1. Confirm you need a visa and your main destination is Malta.
2. Book an appointment with the Central Visa Unit or VFS Global in your country.
3. Prepare documents: application form, passport, travel plan, proof of funds, accommodation, travel insurance, purpose of visit.
4. Submit application and biometrics; pay the fee (generally 80 euros for adults).
5. Decision in 15 calendar days in most cases, up to 45 days if further checks are needed under the Schengen Visa Code.

Work and residence - Single Permit (paid employment)

1. Secure a job offer. Employer completes a labour market process with Jobsplus where required.
2. Apply for the Single Permit under S.L. 217.17 to Identita, including contract, qualifications, health insurance, police certificates, and accommodation proof.
3. Attend biometrics in Malta if requested; pay government fees.
4. Decision typically in 2-4 months (EU maximum is 4 months). Collect your eResidence card from Identita if approved.
5. Work starts only after permit issuance. Renewals usually require updated documents and proof of continued employment.

EU citizens and their family members

1. EU/EEA/Swiss nationals register residence with Identita if staying more than 3 months under S.L. 460.17.
2. Family members who are non-EU may apply for a residence card as family members of an EU national.
3. Provide evidence of employment or self-sufficiency, health insurance, and family relationship documents.

Family reunification for third-country nationals

1. Eligible sponsors with valid residence apply under S.L. 217.06 for spouses, minor children, and in some cases dependent parents.
2. Submit proof of accommodation, stable and regular resources, health insurance, and genuine family ties.
3. Decision times vary, commonly 2-4 months; family members receive residence cards upon approval.

Students and researchers

1. Obtain admission from a licensed institution in Malta.
2. Apply to Identita under the student regulations (subsidiary legislation under Cap. 217) with proof of funds, accommodation, and insurance.
3. Decision often within 1-2 months; part-time work is limited and subject to permit conditions.

Malta Permanent Residence Programme (MPRP) - RBI

1. Engage a licensed agent and confirm eligibility under the MPRP Regulations (Legal Notice 121 of 2021).
2. Pass Residency Malta Agency due diligence; submit source of funds, clean police certificates, and health insurance.
3. Choose property option: purchase or rent at the required thresholds, and commit to a non-refundable government contribution and a charitable donation.
4. Receive approval in principle typically in 4-6 months; complete property and financial commitments to receive permanent residence cards.
5. Maintain property and other conditions for at least 5 years; cards are renewable subject to compliance.

Citizenship by naturalisation for exceptional services by direct investment (ESDI) - CBI alternative

1. Engage an accredited agent and apply through Community Malta Agency under Legal Notice 437 of 2020.
2. Obtain residence in Malta and maintain physical presence for 12 or 36 months, pass tiered due diligence, and make a contribution to the National Development and Social Fund.
3. Fulfil property commitment and philanthropic donation, then apply for citizenship by naturalisation.
4. Total process commonly takes 14-38 months depending on the residency period option and due diligence timelines.

Ordinary long-term residence and citizenship by ordinary naturalisation

1. After 5 years of legal stay, some TCNs may apply for long-term residence under S.L. 217.05, subject to integration requirements.
2. Citizenship by ordinary naturalisation under the Maltese Citizenship Act (Cap. 188) is highly discretionary and generally requires several years of residence, good conduct, and integration.

What are the Specific Malta Legal Requirements?

Malta’s requirements depend on your route, but they generally include clean police records, health insurance, proof of funds or income, accommodation, and compliance with program-specific thresholds. Investment routes require strict source-of-funds checks and a licensed agent.

• Schengen C visa: purpose of travel, itinerary, insurance, proof of means, accommodation, and application at the Central Visa Unit or VFS Global.
• Single Permit (S.L. 217.17): signed employment contract, employer compliance with Jobsplus processes, qualifications, police certificate, health insurance, and accommodation. Some sectors have fast-track schemes, but background checks still apply.
• EU free movement (S.L. 460.17): proof of employment, self-employment, or self-sufficiency for EU/EEA/Swiss nationals; family relationship evidence for dependants.
• Family reunification (S.L. 217.06): sponsor’s valid residence, income thresholds sufficient for family size, health insurance, suitable accommodation, and genuine family ties.
• Students: admission letter, funds to cover living costs, accommodation, and health insurance; study progress affects renewals.
• MPRP (LN 121 of 2021): due diligence, property commitment (purchase or rent at set thresholds), non-refundable government contribution, 2,000 euro donation to a registered NGO, and comprehensive health insurance.
• Citizenship ESDI (LN 437 of 2020): 12 or 36 months residence in Malta before applying, substantial contribution to the NDSF, 5-year property commitment (rent or purchase), 10,000 euro donation, and multi-layer due diligence by Community Malta Agency.

What Malta Laws and Regulations Apply?

Malta’s immigration is anchored in the Immigration Act (Chapter 217) and the Maltese Citizenship Act (Chapter 188), supported by subsidiary legislation and EU law. Key investment and residence routes are set by Legal Notice 121 of 2021 (MPRP) and Legal Notice 437 of 2020 (citizenship by exceptional services).

• Immigration Act, Cap. 217 - core entry, stay, and removal powers; Principal Immigration Officer; offences and appeals.
• Maltese Citizenship Act, Cap. 188 - acquisition and loss of citizenship; ordinary naturalisation and exceptional services regulations.
• Refugees Act, Cap. 420 - asylum and subsidiary protection.
• Free Movement of European Union Nationals and their Family Members Order, S.L. 460.17 - rights of EU/EEA/Swiss citizens and family.
• Status of Long-term Residents (Third Country Nationals) Regulations, S.L. 217.05 - EU long-term residence after 5 years.
• Family Reunification Regulations, S.L. 217.06 - TCN family rights and conditions.
• Single Application Procedure for a Single Permit Regulations, S.L. 217.17 - combined work and residence permit for employment.
• EU Blue Card Regulations for highly qualified employment, S.L. 217.15.
• Malta Permanent Residence Programme Regulations, Legal Notice 121 of 2021 (under Cap. 217).
• Granting of Citizenship for Exceptional Services Regulations, Legal Notice 437 of 2020 (under Cap. 188).

Key authorities include Identita Agency (residence, work, visas, e-cards), Community Malta Agency (citizenship), Residency Malta Agency (MPRP, Nomad, Start-up), Jobsplus (labour market), Malta Enterprise (start-up endorsements), the Central Visa Unit, and the Malta Police Force Immigration Section.

Frequently Asked Questions

Is Malta residency the same as Malta citizenship?

No - residency allows you to live in Malta subject to permit conditions, while citizenship gives you a Maltese passport and EU citizenship rights. The MPRP is an RBI route to permanent residence, while citizenship by investment is closed and replaced by citizenship by naturalisation for exceptional services with residency and due diligence under LN 437 of 2020.

What are the typical timelines for Malta permits?

Single Permit decisions usually take 2-4 months, Schengen visas about 15 days, MPRP 4-6 months to approval in principle, and citizenship by exceptional services 12-36 months of residency plus due diligence. EU citizen registrations can complete within weeks to a couple of months depending on documentation.

How much does the MPRP really cost in total?

Expect a total outlay commonly between 150,000 and 300,000 euros over the required 5-year period, depending on renting vs buying and family size. This includes the government contribution, 40,000 euro administrative fee, due diligence fees, property costs at set thresholds, a 2,000 euro donation, residence card fees, and professional fees; add 5 percent stamp duty if purchasing property.

What is the difference between residency by investment and citizenship by investment?

Residency by investment (RBI) gives residence rights and a residence card, while citizenship by investment (CBI) grants a passport - Malta no longer offers CBI. Malta’s current citizenship path for investors is naturalisation for exceptional services, which requires real residence of 12 or 36 months, a contribution, property commitment, donation, and stringent due diligence.

Do I become a tax resident if I get a Malta residence permit?

No - a residence permit does not automatically make you tax resident. Tax residency in Malta is determined under the Income Tax Act (Cap. 123), generally by spending more than 183 days in a tax year or being ordinarily resident; non-domiciled residents may be taxed on a remittance basis.

Can I work in Malta with the MPRP or a family permit?

MPRP gives the right to reside but not an automatic right to work - you still need a work authorisation unless exempt. Family members’ work rights depend on their status and the sponsor’s category; EU family members may work freely, while TCN family members often require authorisation.

How strict is Malta’s due diligence for investment routes?

Very strict - both Residency Malta Agency and Community Malta Agency conduct multi-layer due diligence on source of funds, background, and reputation. Expect to provide bank statements, wealth evidence, business documentation, criminal clearances from all relevant countries, and undergo open-source and database checks.

What are typical government fees for a Single Permit?

Government fees are commonly around 300-350 euros in total including the application and residence card, plus costs for medical insurance, medical screening, translations, and apostilles. Legal or employer processing fees are separate.

Does Malta require physical presence for citizenship by exceptional services?

Yes - you must hold Maltese residence and maintain physical presence for either 12 months or 36 months before applying for naturalisation under LN 437 of 2020. Short visits do not satisfy this requirement; you need genuine ties and presence assessed by Community Malta Agency.

Is real estate still required for Malta investment routes?

Yes - both MPRP and citizenship ESDI require a property commitment, either a qualifying lease or purchase for a set period. Globally there is a shift toward regulated investment funds in RBI programs, but Malta’s core requirement remains a property commitment plus contributions and due diligence.

When Should You Hire a Lawyer?

Hire a lawyer when stakes are high, documents are complex, or you face non-standard issues like previous refusals, criminal records, or source-of-funds questions. A lawyer can help choose the right route, plan timing, and prevent refusals.

Specific trigger points include: deciding between MPRP and other EU RBI options, structuring property purchases, preparing citizenship ESDI files, employer-sponsored Single Permits in regulated professions, family reunification with non-traditional evidence, and planning tax-resident vs non-resident living models. Lawyers also coordinate with licensed agents, notaries, and tax advisors to map your total cost and compliance path.

What are the Next Steps?

First, confirm your goal - short stay, work, study, family, residency by investment, or citizenship strategy. Next, check eligibility and timeline, and gather identity, police, financial, and accommodation documents.

1. Choose your route and timing based on your travel and residence goals.
2. Book a consultation with a Malta immigration lawyer or licensed agent to confirm eligibility and documents.
3. Prepare certified translations, apostilles, medical insurance, and proof of funds or income.
4. Submit through the correct body: Identita, Community Malta Agency, or Residency Malta Agency.
5. Track deadlines, attend biometrics, and respond quickly to any requests for information.
6. Post-approval, maintain conditions (property, insurance, physical presence) and calendar renewals.

Comparing Residency vs Citizenship, Malta and Other Popular Options

Residency and citizenship give different rights and obligations, and your total cost depends on contributions, property, fees, and tax position. Use the table below as a high-level comparison, then seek tailored advice.

Costs and Practical Notes for Malta

Malta’s real costs depend on family size, property choice, and professional support. Always budget beyond headline contributions.

• Schengen visa: 80 euros adult fee, plus service fee if using VFS, insurance, and document costs.
• Single Permit: roughly 300-350 euros government fees, 200-500 euros insurance, 60-150 euros medical tests, 100-500 euros translations-apostilles, and 1,000-3,000 euros legal or employer service fees.
• MPRP example - family of 4 renting: 98,000 euro contribution + 40,000 euro admin fee + due diligence fees per applicant + rent at 10,000-12,000 euros per year for 5 years + 2,000 euro donation + residence cards and legal fees. Buying requires 350,000-300,000 euros minimum purchase plus 5 percent stamp duty.
• Citizenship ESDI example - couple on 12-month track: 750,000 euro contribution + 50,000 euro spouse + lease commitment of at least 16,000 euros per year for 5 years or purchase of at least 700,000 euros + 10,000 euro donation + due diligence and legal fees.

Recent updates: the MRVP was replaced by the MPRP in 2021 with higher thresholds and stricter due diligence; citizenship by investment closed in 2020, replaced by LN 437 of 2020; Identity Malta was rebranded to Identita, and Residency Malta introduced the Nomad and Start-up residence options.

Key Malta Programs At a Glance

Use this quick guide to match goals with programs in Malta.

• MPRP - Permanent residency by investment with property, contribution, and due diligence. Administered by Residency Malta Agency.
• Nomad Residence Permit - 1-year renewable permit for remote workers with foreign employment or business, minimum income threshold, administered by Residency Malta Agency.
• Start-up Residence Programme - Residence for founders and key employees of endorsed start-ups, with Malta Enterprise endorsement and Residency Malta processing.
• Single Permit - Combined work and residence permit for employees; Identita processes with Jobsplus involvement.
• EU Blue Card - Highly qualified workers with salary and qualification thresholds; processed under S.L. 217.15.
• Family Reunification - Under S.L. 217.06 with accommodation, income, and insurance requirements.
• Citizenship by naturalisation (ordinary) - Discretionary, long residence and integration; Community Malta Agency.
• Citizenship by naturalisation for exceptional services - LN 437 of 2020, with residence, contribution, property, donation, and due diligence; Community Malta Agency.

How do Physical Presence and Tax Residency Interact in Malta?

Immigration presence and tax residency are separate tests in Malta. You can hold an MPRP card without becoming tax resident if you do not meet presence thresholds or ordinary residence criteria.

Tax residency is generally 183 days or more in Malta during a tax year or ordinary residence under the Income Tax Act (Cap. 123), and domicile status affects how worldwide or remitted income is taxed. Before you plan to spend months in Malta or earn Maltese-source income, coordinate immigration and tax advice so your permit conditions, day count, and tax reporting align.

Practical Step-by-Step: Preparing a Strong Application

Success depends on precise documentation and early planning. Follow these steps regardless of route.

1. Timeline audit - map visa or permit expiry and travel plans, and check processing standards (for example, 2-4 months for Single Permit).
2. Document list - collect passports, civil status records, police certificates from all jurisdictions lived in, bank statements, contracts, and insurance.
3. Legalisation - arrange apostilles or consular legalisation, and certified translations into English as needed.
4. Financial planning - forecast total cost including government fees, property holding costs, and professional fees.
5. Compliance check - ensure accommodation meets thresholds, insurance is acceptable, and your employer is compliant with Jobsplus.
6. Submission and biometrics - submit via the correct channel and attend biometrics promptly when invited.
7. Follow-up - respond to requests for information quickly and consistently; keep copies of everything.

Who are the Decision Makers and Where to Apply?

Knowing the right office saves weeks. Malta channels are clearly defined by function.

• Identita Agency - Single Permit, residence cards, EU registrations, Schengen visa decisions via the Central Visa Unit.
• Residency Malta Agency - MPRP, Nomad Residence Permit, Start-up Residence Programme.
• Community Malta Agency - Citizenship applications, both ordinary and exceptional services.
• Jobsplus - Labour market processes and confirmations for employment routes.
• Malta Enterprise - Endorsements for the Start-up Residence Programme.
• Malta Police Immigration Section - Border control and enforcement under the Principal Immigration Officer.

Risks and Common Pitfalls

Most refusals come from inconsistent documents, weak proof of funds, or unclear purpose of stay. Investment files fail when source-of-funds trails are incomplete or property does not meet thresholds.

• Inconsistent civil records - ensure names, dates, and spellings match across documents.
• Police certificates - obtain from every relevant jurisdiction and ensure they are current at submission.
• Insurance gaps - policies must cover Malta and meet minimums; travel policies must cover the full stay.
• Property compliance - verify MPRP property meets regional thresholds and is held for the required period.
• Physical presence - track days if you are on a route that requires residence before citizenship.

Why Compare Malta to Other EU RBI Options Right Now?

Demand for Schengen access is high, and rules change often, especially around property-based RBI and the move toward investment funds. Comparing Malta to Portugal, Greece, and Spain helps ensure your plan fits your timing and budget.

Malta’s edge is permanent residence from day one under the MPRP, a clear citizenship path via ordinary or exceptional services if you commit to residence, and English-speaking institutions. However, real estate commitments remain central in Malta, whereas Portugal has pivoted toward fund investments, and Greece-Spain maintain real estate but with evolving regional thresholds.

When Should You Hire a Lawyer?

Hire a lawyer early if you are choosing between RBI and a work route, planning family reunification, or preparing an investment or citizenship file. Early legal input reduces cost and time by preventing errors.

Consider counsel if you have prior visa refusals, criminal records, business ownership with complex funds, unusual family documents, or you need coordinated tax advice on residence vs remittance basis. For employers, legal support streamlines Jobsplus steps and compliance for new hires.

What are the Next Steps?

Decide your target status, check eligibility, and build your document pack. Then engage the correct Malta authority and a lawyer or licensed agent to submit a complete, compliant application.

1. Define goals: short stay, work, study, family, MPRP, or citizenship strategy.
2. Book a consultation with a Malta immigration lawyer to map your route and total cost.
3. Assemble, translate, and legalise all required documents.
4. Apply via Identita, Residency Malta Agency, or Community Malta Agency, as applicable.
5. Prepare for biometrics, property commitments, and due diligence.
6. After approval, maintain conditions and track renewals or residency days toward future goals.