New I.D. card rules page 9 - Malta forum

New I.D. card rules

georgeingozo ViP

3703POSTS

13 years ago

#321

Residence and tax residence are separate issues

popro Active member

40POSTS

13 years ago

#322

georgeingozo wrote:
Tax resident if in malta for more than 6 months in a calender year

Interesting. And is anyone checking that? No in- or out stamps at the airport.

Entity Contributor

118POSTS

13 years ago

#323

This is the general rule for avoiding double taxation.
Good question, how they can check this in the eu...

Lusco Serial expat

252POSTS

13 years ago

#324

In general with tax authorities it must be you who prove the facts. The "you are innocent until proven guilty" does not work very well with them.聽 You must keep your flight receipts,e-mails,etc. Also note that in case that the 180 days rule is not clear, each Member State might use the other criteria: where is the centre of your vital interests (where are your economic interests, your family, your friends, where were you born...).

Lusco Serial expat

252POSTS

13 years ago

#325

popro wrote:
On a different note, does any one know here from what date onwards one becomes a resident for TAX purposes? From application date? Arrival date in Malta or the date one receives the residence certificate?

That is a little bit complex. Once they approve your residence, if you can proove that you have the intention to stay at least 180 days in that year because your vital interests are expected to be there during that time, then you can be tax resident from that moment.

popro Active member

40POSTS

13 years ago

#326

Lusco wrote:
popro wrote:
On a different note, does any one know here from what date onwards one becomes a resident for TAX purposes? From application date? Arrival date in Malta or the date one receives the residence certificate?

That is a little bit complex. Once they approve your residence, if you can prove that you have the intention to stay at least 180 days in that year because your vital interests are expected to be there during that time, then you can be tax resident from that moment.

Thanks for that. It is obvious that one has to thread carefully.

ricky ViP

3522POSTS

13 years ago

#327

Hi everyone,

we just got back from the VAT department in Birkirkara and they are not aware of any change in the law regarding ID cards and residency for foreigners!

So they still insisted on seeing the ID card or passport(which we didn't have with us). The document (receipt) issued by DCEA was not accepted !!!!

Luckily it turned out that to give private language lessons you do not need a VAT number-))) So that was one good thing.

Cheers
Ricky

rainbow3 Serial expat

281POSTS

13 years ago

#328

Wow Ricky, isnt that a Government Department?聽 Thats not good news, makes me wonder how widely accepted and known about the new eresidence card is going to be, particularly at places like the airport for non EU citizens and things like that!

Toon Cyprus Expert

10235POSTS

13 years ago

#329

has anyone tried boarding a bus with the temp cert....or applied for residential rates billing at arms

georgeingozo ViP

3703POSTS

13 years ago

#330

Or tried on the ferry?

Toon Cyprus Expert

10235POSTS

13 years ago

#331

georgeingozo wrote:
Or tried on the ferry?

indeed....or anywhere else for that matter....

Toon Cyprus Expert

10235POSTS

13 years ago

#332

can the new e-cards be used for travel ?

georgeingozo ViP

3703POSTS

13 years ago

#333

I believe it's prohibited under EU directive for a state to issue a travel document to an non nstional

Toon Cyprus Expert

10235POSTS

13 years ago

#334

georgeingozo wrote:
I believe it's prohibited under EU directive for a state to issue a travel document to an non nstional

what about TCNs - i assume these are non nationals just the same - but in terms of the EU freedom of movement and EU nationals - it would make sense to allow it would it not?

georgeingozo ViP

3703POSTS

13 years ago

#335

"Some EU member states also issue national identity cards to residents who are non-EU citizens - these cards are only valid as an identity document within the issuing country and are not valid as a travel document for the rest of the EEA and Switzerland"

Toon Cyprus Expert

10235POSTS

13 years ago

#336

it seems that according to Mariella Grech - Director of the MFA - there is a problem with the printing of the new e-cards as of this morning....makes you wonder doesnt it!!!!!

rainbow3 Serial expat

281POSTS

13 years ago

#337

toonarmy9752 wrote:
it seems that according to Mariella Grech - Director of the MFA - there is a problem with the printing of the new e-cards as of this morning....makes you wonder doesnt it!!!!!

Do you know what kind of problem?聽 How did you find out, has she published something somewhere?

Toon Cyprus Expert

10235POSTS

13 years ago

#338

a friend of mine managed to speak to her this morning and she was told on the phone - and apparently they have a printing problem with the new cards......

rainbow3 Serial expat

281POSTS

13 years ago

#339

Okay, thanks for letting us know, hope it gets sorted soon

Toon Cyprus Expert

10235POSTS

13 years ago

#340

I have heard today that the temp e-residency cert/permit is not being accepted on the buses....leaving the holders paying the higher fares - has anyone else been denied?

rainbow3 Serial expat

281POSTS

13 years ago

#341

So thats the VAT office and now the buses that wont accept them, I havent seen these receipts yet but I am failing to comprehend how, what I assume is an official looking document with a photo, signature and some form of official stamp to say it is from the MFA can not be accepted, do they think people are printing them off themselves or something?聽 Are we being allowed to keep our present residency documents after going to the MFA because I think Arriva do accept them as proof to get the lower fares?

Toon Cyprus Expert

10235POSTS

13 years ago

#342

I am not 100% sure - but i do know they take the id card away from you - am not sure about the residency certificate....take photocopies of both for your own use and keep your bus tickets/receipts for refunds.....however if the receipt temp permit is offcial why would they let you keep the old documents...its a farce and getting worse by the day...and makes you wonder about the "printing" problem

popro Active member

40POSTS

13 years ago

#343

toonarmy9752 wrote:
I am not 100% sure - but i do know they take the id card away from you - am not sure about the residency certificate....take photocopies of both for your own use and keep your bus tickets/receipts for refunds.....however if the receipt temp permit is offcial why would they let you keep the old documents...its a farce and getting worse by the day...and makes you wonder about the "printing" problem

I had another look at my temp residence document. It only says that you have applied for residency. Theoretically this could mean that it could be denied. Bus drivers and others could say that you are not a resident yet.

ricky ViP

3522POSTS

13 years ago

#344

Hi popro,

that might apply for you but we have valid residence documents for several more years ! They actually gave me my residence document back which is still valid for two years!

What they keep is the ID card !

So if I show the document you have I already have a valid residence document ! The Arriva bus drivers can say what they want ... Malta seems to have a problem !

Our fight might be on Saturday when we take the bus to Valletta but we will not back down and take it to the next level if there is a problem -)))

Cheers
Ricky

rainbow3 Serial expat

281POSTS

13 years ago

#345

Thanks Toon and popro, I guess it is still a case of waiting to see how this all works out.聽

Ricky, please let us know what happens when you try and catch the bus, will be interesting to find out what they will and wont accept on the buses.

popro Active member

40POSTS

13 years ago

#346

Well, I waved a colour photocopy of my confiscated ID, hidden nicely behind a window in my wallet, and had no problems in the bus. Could be less lucky next time of course.

MicksCPH Member

16POSTS

13 years ago

#347

Can somebody please provide me with the e-mail address that I need to use to set up a date for the residency card?

avro698 Active member

29POSTS

13 years ago

#348

I may be missing something obvious but is the requirement for a residency cert legal under EU law?

It seems to me that Malta is trying to keep alive the need for a residency cert that was in place before Malta became a full member state of the EU. Under free movement of all EU nationals within the EU, and freedom to live and work in whichever EU country of choice, what need is there for a residency permit? I am not aware of any Maltese national needing an equivalent permit to live and work in the UK

I have lived in Malta for more than 3 years. I am economically self sufficient, have a Maltese ID card and a KartAnzjan. I had no problems in setting up an HSBC Malta bank account (did so from HSBC in the UK). I have never been asked to provide a residency cert and have never been told I needed to apply for one.

When I attended a forum for expats at the Hilton in October 2011, the message was that the old residency system was being scrapped and that unless you were going to either be taxed in Malta or intended moving funds into the country residency wasn't needed. We were also told that the new system wasn't going to be called residency!

Have sent an email applying for the new e-card, no reply yet

Would appreciate some advice

georgeingozo ViP

3703POSTS

13 years ago

#349

" is the requirement for a residency cert legal under EU law?" yes

georgeingozo ViP

3703POSTS

13 years ago

#350

EU directives allows every EU country the right to demand that non-national EU citizens living in their country register their residency if it exceeds 3 months. The country has the right, but not obligation, to issue a residency certificate to such people.To get the certificate, the person has to shown they won't be a burden on the state (health cover, plus income or capital above a minimum level)

Malta is far from the only EU country to do this

avro698 Active member

29POSTS

13 years ago

#351

Thanks, George. Do you have the relevant clause describing it?

georgeingozo ViP

3703POSTS

13 years ago

#352

"When I attended a forum for expats at the Hilton in October 2011, the message was that the old residency system was being scrapped and that unless you were going to either be taxed in Malta or intended moving funds into the country residency wasn't needed. We were also told that the new system wasn't going to be called residency!"

thats referring to different residency systems, ones which are aimed much more at non-EU citizens

martynandjules New member

7POSTS

13 years ago

#353

Please can someone clarify some things for us?

We have moved over from the UK last month.聽 We knew that we would need to apply for an ID card to work here.聽 However we didnt realsie that the system/ process to apply would be so difficult or confusing.

We have been onto several websites to try and gain information.

聽 we have emailed the following email address to try and book an appointment at eresidence.mfa@gov.mt mine keeps being returned as Delivery status postmaster delivery failed.聽 My husband emailed about 3 weeks ago and still has not heard anything.

Please can someone help us and clarify we are applying for the first time.聽 We are EU citizens from the UK what proof/ documentation do we need. Other than passports/

Do we still make our application via the eresidence

Really would like some help

Many thanks

Martyn & Jules>

georgeingozo ViP

3703POSTS

13 years ago

#354

avro698 wrote:
Thanks, George. Do you have the relevant clause describing it?

Its been linked to several times on this forum, I'll see if I can find it

georgeingozo ViP

3703POSTS

13 years ago

#355

martynandjules wrote:
Please can someone help us and clarify we are applying for the first time.聽 We are EU citizens from the UK what proof/ documentation do we need. Other than passports/

Do we still make our application via the eresidence

Really would like some help

yes, anyone staying over 3 months has to. What do you need ? Its all specified on the MFA website, but basically proving you wont be a financial burden

Entity Contributor

118POSTS

13 years ago

#356

martynandjules wrote:
Please can someone help us and clarify we are applying for the first time.聽 We are EU citizens from the UK what proof/ documentation do we need. Other than passports/

Bottom of this page:

Choose category and the document what fits you, download聽 and you will find in it what is needed exactly in your case.

avro698 Active member

29POSTS

13 years ago

#357

Thanks again, George

Toon Cyprus Expert

10235POSTS

13 years ago

#358

the key here is what you need to do to satisfy the obligation....

djinn Active member

97POSTS

13 years ago

#359

I went through a similar process in Italy (a longtime EU member) ten years ago when I settled there, even though I am an EU citizen, married to an italian citizen. It took them several months to issue the permit. In Italy, you have to notify the police authorities if you move from one address to another, even when in the same city.

avro698 Active member

29POSTS

13 years ago

#360

I think the brackets and the letters 'at' should not be included.

The Ministry of Foreign Affairs website gives:

eresidence.mfa.gov.mt

However, you may not get a reply for at least a month