Checklist of Documents to be Presented During Application Submission

    Q1. Where do I find a list of documents that have to be presented during application submission stage?

    A list has been introduced in the Application and Documentation Guidelines available on the MRVA website.

    Q2. Would the department require the original birth certificates, marriage certificates, etc., at a later stage?

    No. We require such certificates at application stage and they may be submitted either as original or certified true copies of originals. These documents should be either apostilled or legalized, 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 legalized. Translations done in Malta should be carried out by a registered translator.

    Q3. How should an RAP/RAA proceed if the Main Applicant and/or his/her dependents are not able to obtain a police conduct from a particular country?

    As per Articles 6.2.a and 7(b) of L.N.288 of 2015, the first preference is a police certificate issued by the Malta police as well as a police certificate issued by the competent authorities (federal or national) in the country of origin and in the country or countries of residence where the Main Applicant has resided for a period of more than six months during the last ten years. Only in exceptional cases, where it is proven to the satisfaction of MRVA 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 the Applicant to obtain the required certificates. Moreover, another separate sworn affidavit made by the Applicant and any dependents, declaring a clean criminal record is required.

    Q4. In cases where the Applicant has never resided in Malta, is a police conduct certificate issued by the Maltese police still required?

    No, it is not required.

    Q5. Would a Main Applicant need to submit a copy of divorce certificates, 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 dependent – a divorce certificate must invariably be submitted, even if the said individual has since re-married.

    In the case where the Main Applicant has sole legal custody, there is no need to obtain the signature of the divorced partner, and a copy of the divorced partner’s passport. The client, in this case, must provide a court document showing that he/she has sole custody of the child/children.

    However, if the Main Applicant has a shared custody of the child/children (dependents), there will be the need to obtain the signature of the divorced partner on Form MRVP4 and a certified true copy of his/her passport.

    In the case where the Main Applicant or spouse has sole custody, the court documents proving that they have sole custody are required.

    In the case where the Main Applicant or the spouse have shared custody with the child’s biological parent who is not being included in the application, Form MRVP4 needs to be signed by both parents and the passport belonging to the biological parent is to be submitted.

    In the case where the biological parent, who is not included in the application, has sole custody, the child can’t be included in the application unless the custody of the child is legally switched to the Main Application or the spouse.

    Please note that in all the above cases, what applies for the Main Applicant applies for the Spouse and his/her dependent.

    Q6. Apparently, in the case of minors, consent by both parents is required. In this regard, may you kindly advise which application forms should the parent (who is not part of the MRVP) sign to give his/her consent for the minor to be part of the MRVP with the other parent?

    Reference is being made to Form MRVP4 – Declaration of Dependent. In case Applicant has sole custody of the child/dependent, 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.

    Q7. Would the RAP/RAA need to submit any documents prior to setting up an appointment with the Customer Care of MRVA in order to place the application?

    No, there is no need for any documents prior to setting up an appointment. The RAP/RAA must simply ensure that all documents stipulated in the guidelines/application forms, are provided to MRVA on submission of application pack.

    Q8. With regards to the ‘Representation Agreement/Power of Attorney’ to be entered into between Applicant and RAP/RAA: Does the representation agreement have to be in some particular form?

    It is at the discretion of the RAP/RAA and the Applicant to agree on the form of the representation agreement, which is our case has to be a fully-fledged Power of Attorney.

    The following points must be included in the POA:

    1. Date of POA;
    2. Details of Main Applicant i.e. full name, passport number and country of issuance and residing address;
    3. Details of RAP/RAA being appointed attorney i.e. full name, ID Card number and residing address;
    4. Validity to cover the full duration of the application process, from submission to collection of Residence Certificates and Residence Cards;
    5. Signature of Grantor;
    6. Signature of Attorney, and
    7. Details of Witness i.e. full name and signature, passport number and country of issuance.

    Q9. If the Main Applicant confirms that he/she holds shares in a company that is publicly listed (that is, it is a PLC) are company documents to be submitted with the Application Pack?

    If the Main Applicant’s shareholding exceeds 15% of the total shareholding in a publicly listed company, the company documents are required.

    Q10. Is documentary evidence of residential address required only for the Main Applicant or for all adult dependents, including the spouse?

    We require documentary evidence of every residential address the applicants included are residing at.

    Q11. Do expired residence permits need to be submitted together with the valid ones during the submission of the application pack?

    No, only residence permits which are still valid at the time of application need to be submitted, for Main Applicant and all dependents.

    Q12. What proof would be considered as satisfactory in proving that an adult dependent (child, parent, grandparent) either of the Main Applicant or his/her spouse, is not economically active and that he/ she is principally dependent on the Main Applicant?

    The Main Applicant must declare this in an affidavit. It is recommended that any documentary evidence that corroborates this declaration is submitted with the application pack together with the affidavit.

    Q13. In the event that the parent or grandparent, either of the Main Applicant or the Spouse, receives some form of retirement income, will he/she still remain eligible to be included as a dependent?

    Yes, they would be eligible. However, the Main Applicant must still provide an affidavit confirming that the afore-mentioned parents or grandparents are his/her or her dependents.

    Q14. Is there a specific template for the Affidavit of Dependency?

    No, there is no specific template. However, it is advisable to make use of the wording found in LN288 of 2015.

     

    For any other questions that are not covered here, please contact us on info@nexiabt.com.

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