New I.D. card rules

its  eresidence.mfa@gov.mt - replies normally received in 24-48 hours, but appointments being given for April at the earliest

edit the forum software is replacing @ with [at]

thanks very much for the info,martyn&jules.

thanks very much for the update georgeingozo,martyn&jules.

I realise that what was being discussed at the Hilton forum was Permanent Residency (PR) which has been changed and which does not apply to the majority of EU nationals living in Malta. Consequently I deduced that PR did not apply to me and did nothing more. I was also told by a financial advisor arranged by Frank Salt that I still had to go out of the country for 24 hours every 3 months, which, of course, is nonsense

Until I joined Expat.com, as well as looking at britishexpat.com website, I have only just discovered that the relevant residency is Ordinary Residency (OR). No one has told me anything about OR and from what I know of other Brits living in Malta they don't know anything about OR either. Consequently, there must be a lot of expats like me in Malta who do not have residency permits

I have never been told I need health insurance either

Just wondering what will happen when - eventually - I get an appointment to apply for the new e-residence card and pitch up without any existing residency permit!

I know of some expats whose income, like mine, comes from the UK and who, like me, are taxed in the UK. I still have a GP in the UK and get any medicine I need from there. The consensus of opinion among us is to let our existing ID cards expire as of 31 March and just live as tourists. I wonder how many others might be thinking of doing the same

How much of the year do you spend in Malta, and are any of your visits over 3 months in duration?  Ditto for the UK.

"I was also told by a financial advisor arranged by Frank Salt that I still had to go out of the country for 24 hours every 3 months, which, of course, is nonsense". If each trip is under 3 months, then you remain a tourist. Whether a 24 hour gap is sufficient I'm not sure, but the principle is correct

than,ks again avro,this is becoming more and more of a red herring so going valetta tomorrow start with nat ins number and work it from there all the best.martyn&jules.

The rules are

if you spend more than 3 months in Malta you have to get the eresidency docs

if you work in Malta you have to get the eresidency docs (with a few exceptions for temporary work)

if you spend more than 6 months in a calendar year to have to fill in a tax return

you dont need to go to valletta to get NI / SSC card number you can do that in Qawra at the job centre for sure as the missus just got hers a month or to ago.

thanks toonarmy,has she already got her residency card as well.martyn&jules.

hello toonarmy what documents apart from pasport did she need.thanks.martyn&jules.

its different now to when we got our id cards - it has changed the document requirements differ depending on what group you fall into - the website quoted earlier will advise.

as for the NI / SSC number she didnt need anything just asked for it on the basis that she was about to start part time work - i think she was asked for her id card number but that was all...not sure at this stage if they would accept an eu passport  (altho i suspect not).... and as far as the law is concerned everyone whether working or not has a responsibility to get an NI / SSC number - they then issue you with a unique number and a card.

To get the eu e-residency you will need to make the appointment by emial - then you will need the appropriate forms and support your application with, passport, evidence of work or financial status documentation( bank statements savings pensions etc), evidence of healthcare (that could be the RHA card or private healthcare or if working and paying tax and SSC you are entitled to local healthcare.

I live here permanently. I visit the UK three or four times a year

avro698 wrote:

I live here permanently. I visit the UK three or four times a year

In that case you are legally resident in Malta, unless each stay here is less than 3 months. That means you shouldn't be using a GP in the UK, you shouldn't be using a UK issued EHIC when in Malta, and should be filing a Malta tax return (assuming you spend more than half the year in Malta).

There is no requirement for any EU citizen to have to leave the EU country they have moved to live in every three months if that country is their permanent residence

avro698 wrote:

There is no requirement for any EU citizen to have to leave the EU country they have moved to live in every three months if that country is their permanent residence

correct, but if you stay more than 3 months you have to apply for the eresidence card. You cannot have Malta as your permanent residence and be a tourist, its one or the other

Unless you are prepared to break the law (both on residence and tax), you need to decide if you want to be a tourist in Malta, or a resident. At the moment you are picking the best parts of both.

Thanks, George, but this does not apply to me

I have a UK local government pension which, under UK law, cannot be converted overseas. I am taxed in the UK. Under the bilateral arrangement between many countries, including Malta and the UK, I cannot be taxed twice. UK law for occupational pensions for retired public sector workers, such as myself, prevents me from transfering my pension to Malta or any other country I might move to live in, therefore I do not have to register for tax in Malta

I have a UK address which entitles me to have a UK GP and to be prescribed free medication there

I am not eligible for an EHIC. To be so, I have to be either working or in receipt of the UK state pension - I am neither. The pensions department in Newcastle will not issue me with a Form S1 to apply for an EHIC because, according to their definition, I am not a pensioner. Once I start receiving the UK state pension in 2.5 years time I will be eligible to receive an S1 and, therefore, to apply for an EHIC.

Correct. I am applying for the e-residence card

"I have a UK local government pension which, under UK law, cannot be converted overseas. I am taxed in the UK. Under the bilateral arrangement between many countries, including Malta and the UK, I cannot be taxed twice. "

- you still have to fill in a tax return in Malta. You are still liable to tax, but you can offset any tax paid in the UK against your Malta tax bill

"I have a UK address which entitles me to have a UK GP and to be prescribed free medication there " - not if you are resident in Malta.

If you want to keep access to your GP in the UK and medication, you need to be a resident of the UK, and thus only be a tourist in Malta. To do this you need to keep each Malta trip to a max of 3 months, and from the UK side spend at least 6 months a year in the UK.

What health cover do you have in Malta ?

No, this isn't correct. My situation is that I knew nothing about OR, hence I did not apply for it. I knew about PR which, after making enquiries, I found did not apply to me. I am now applying for OR through e-residence. Please see my earlier entry which explains my tax situation

My point is that I know other expats in a similar situation as myself who receive their income from the UK and are taxed in the UK, therefore they cannot be taxed in Malta. The new e-residence system is making them feel it is not worth all the trouble applying for it so they are thinking of just using their passports when they need to produce ID. I'm not saying I intend doing the same but I can understand their logic

"My point is that I know other expats in a similar situation as myself who receive their income from the UK and are taxed in the UK, therefore they cannot be taxed in Malta. " many people believe it, but thats not how the double taxation treaty works

"The new e-residence system is making them feel it is not worth all the trouble applying for it so they are thinking of just using their passports when they need to produce ID. I'm not saying I intend doing the same but I can understand their logic " I also understand the logic, I'm merely saying what the law is

Not so. I receive no income from Malta so what is there to be taxed? The Maltese government cannot tax me on my UK pension. There are long-standing bi-lateral agreements between countries that prevent double taxation

Also, whether you are liable to tax in Malta, you still have to fill in a tax return if you live here for more than half the calendar year

Yes, I am eligible for a UK GP because I have a UK local government pension and have a UK address.

avro698 wrote:

Not so. I receive no income from Malta so what is there to be taxed? The Maltese government cannot tax me on my UK pension. There are long-standing bi-lateral agreements between countries that prevent double taxation

you are liable to tax on income you generate in Malta or bring into Malta.


You misunderstand double taxation treaties. lets say you have a UK pension of £ 20,000 and pay tax of £ 3,000 in the UK. If you bring all that pension into Malta, you are liable to tax of say £ 5,000, but as you paid tax in the UK of £3,000, your Malta tax bill is only £ 2,000

Another thing I did not know about and which I will now have to arrange before I attend my e-residence interview. Won't be a problem

avro698 wrote:

Yes, I am eligible for a UK GP because I have a UK local government pension and have a UK address.

only if you are UK resident !

You still misunderstand. I don't bring my pension into Malta. UK and Malta are signaturies to the treaty which prevents double taxation. I will try to find the website which refers to this

eligibility to a UK GP is based on one thing alone, residency in the UK. If you are resident in Malta you cannot also be resident in the UK. If you apply for a Maltese eresidence document you are declaring you are no longer resident in the UK, and if the NHS finds out you will lose your entitlement to access to the NHS and free/subsidised medicine in the UK

avro698 wrote:

. UK and Malta are signaturies to the treaty which prevents double taxation.

see my example above - thats how double taxation treaty works. If you don't bring your pension into Malta you wont pay tax on it, but presumably you are bringing in some income into Malta

No, that's the point! My income is in the UK. I cannot bring my pension into Malta even if I wanted to, UK local government law prevents me from doing so. As I am taxed in the UK, paid my NI contributions for more than 40 years and have an address in the UK, I am entitled to full NHS treatment. I know other expats in the same situation as myself, mostly retired former British military personnel or public sector workers like me 

avro698 wrote:

No, that's the point! My income is in the UK. I cannot bring my pension into Malta even if I wanted to, UK local government law prevents me from doing so. As I am taxed in the UK, paid my NI contributions for more than 40 years and have an address in the UK, I am entitled to full NHS treatment.

we are going round in circles, and so this is my last comment

1. NHS cover is based solely on residence in the UK. If you are resident in Malta you cannot be resident in the UK. The fact you paid NI contribs for 40 years is irrelevant.

2. you are liable to tax in Malta on any income you bring into Malta if you live here more than half a calendar year. You can offset tax already paid in the UK by applying the double taxation treaty. I'm not talking of transferring your pension pot to Malta, but transferring money, either electronically into a bank account, through an ATM, spending money on a credit card or bringing in physical cash.

"I know other expats in the same situation as myself, mostly retired former British military personnel or public sector workers like me  " and I know of many as well, but that doesn't make it legal.

If you apply for the eresidence document you may set off a chain of events that lead to you losing NHS entitlement and receiving tax demands/penalties from Malta. I'm sorry to be blunt, but your understanding of tax, residence and immigration laws, and what is required to be eligible to NHS cover is flawed. Just because others are doing the same doesn't mean its legal.Anyway, thats it from me.

Ignorantia juris non excusat comes to mind

i've a few e-mails to the department and heard nothing, so the nearest appointment is april after the old id card expires? i have no idea what forms are needed as the gov website is a clear as mud. though the legality of what is happening is questionable. is there anyone on the island that knows what is going on? and why didn't the government mail anyone? my bulgarian neighbour (who received his residency just before christmas) cannot speak english let alone read the advert in the paper was completely unaware of this till i told him the other day- ah the wonders of google translate!! typical we are maltese we do as we please

wensu wrote:

  i have no idea what forms are needed as the gov website is a clear as mud.

are you EU or non-EU ?
are you working or self sufficient ?