Transfer of residency exemption

Reggie2 wrote:

Noted Terry
Think I should give the sale/disposal property 2011 only then?
or also include rental agreement last two years but the address is not the same as log book (mail forwarded from old disposed property address last 2 years)
House was in my wife's name as I was traveling a lot at the time of purchase,can put in Marriage certificate and copies of her passport etc.
They also asked foe 2010-11 2011-2012 certificates of insurance which I have just received copies to give them

I would send them everything with a letter covering the chronology of the house sales, temp accommodation etc cross referenced to the documents so they can see the overall picture and have the individual documents to prove it.
If it does get refused they have to state why and there is an appeal procedure which I think you can attend (so another chance to explain face to face). 

Terry

Cheers Terry
How's the back

Reggie2 wrote:

Cheers Terry
How's the back

A lot better now thanks. We are off to the UK at the end of the week so it needs to be OK as I have a lot of driving to do!

Safe journey and have a good trip

tearnet wrote:

Reggie2 wrote:

Cheers Terry
How's the back

A lot better now thanks. We are off to the UK at the end of the week so it needs to be OK as I have a lot of driving to do!

Safe journey pal.

tearnet wrote:

Reggie2 wrote:

Noted Terry
which I have just received copies to give them

I would send them everything with a letter covering the chronology of the house sales, temp accommodation etc cross referenced to the documents so they can see the overall picture and have the individual documents to prove it.
If it does get refused they have to state why and there is an appeal procedure which I think you can attend (so another chance to explain face to face). 

Terry

I agree with Terry on this one  - send a letter explaining what was happening & when  - it worked for me. Good luck.
By the way, got the car registered and got my new plates yesterday! Finally over

Justina

Hi Guys,

We were just refused based on the dates, as we applied the day after we got our residency cards, rather than 30 days after becoming resident ( the actual legal definition of which eludes me).

In our case we were holidaying in Malta with our car and decided to see if we could stay. Applied for residency, then went to Italy with the car, then took up employment in my own company here ( I employ 7 full time folk here in a small IT outfit), phoned TM and were told to wait until residency paper work to come through to make applications for the car.

Now we are told we didn't apply within 30 days of becoming resident, a date which isn't actually defined anywhere. I intend to appeal the judgement and would like to also start legal proceeding against TM. Could anyone point me towards a lawyer who might already be working on similar (who was it that got the VAT on reg tax overturned)?

TM put in place a clause to allow, foreign (EU) movement of people only to revoke on a technicality. Its all very non EU. I pay considerable amounts of tax for myself and my employees, and I'm currently in the process of starting another SME here on Malta with considerable incoming foreign investment, surely I represent the very profile of EU movement that the gov want. To be grabby with car tax is very short sighted. For the record is not even a very expensive car nor tax in this case,... but its the principle that ruffles my feathers.

I mean wtf is a registration tax anyway if not an anti EU stealth tax anyway.

So anyone know a good lawyer?

brayster99 wrote:

Hi Guys,

We were just refused based on the dates, as we applied the day after we got our residency cards, rather than 30 days after becoming resident ( the actual legal definition of which eludes me).

I thought you became resident when you apply for your card, as by doing so you are informing the authorities that you are resident and taking up your legal right to do so

the act of applying makes you resident? bonkers! and if you were refused? At the time we applied for residency we did so because it was a 8 month wait just to get an interview, to make an application.

so for clarity;

is it the initial enquiry that makes you resident,
the first interview
the submission of the paperwork
the acknowledgment that they have paperwork
or the actual receipt of the residency card?

if TM are playing pedantic they ought to at least be clear about the criteria they apply.

you dont apply for residency, you tell them you consider yourself resident

brayster99 wrote:

and if you were refused?

as an EU citizen you cant be refused unless you dont have sufficient financial resources and health cover, and it should be clear if you meet those. Other than that, there are a few grounds for refusal, but very limited, like danger to public health

crumbs, how does that work? Considering yourself resident makes you so? thats a bit philosophical. What if you were still resident in the UK when you asked for the appointment for residency. Or you considered yourself resident made an application and then failed the criteria.

Out of interest, where do you draw your opinion from?

Another annoying fact is that we were stopped on UK plates (numerous times) and we just said the application for residency was underway and we'd apply for tax clemency when we became residents. That'll teach me for listening to policemen.

brayster99 wrote:

What if you were still resident in the UK when you asked for the appointment for residency.

you cant, you can only apply for the eResidence card when you consider yourself resident, and you cant be resident in 2 places at once

if you look at the forms it says "date of first settlement in Malta"

so you become resident as soon as you settle (another ill-defined term), apply for residency (because you shouldn't unless you consider yourself resident (more wooliness) or expiring your legal obligation to do so or which ever is the soonest.

You are also statutorily unable to prove your own residency without a card or documentation from dept of expat affairs.

the form below requires proof of residency being either, rent or purchase agreements (which we have neither) OR 'Residence Document issued by Department of Citizenship and Expatriates Affairs'

Which means that we wouldn't have been able to proof residency until it was too late since the application for such proof was taking more than 30 days.

Nice.

Perhaps it would be a cleaner legal distinction to become resident at formal acceptance of the desire to become resident, rather then some utterly random point when your synapses colluded to form an opinion in your psych.

https://www.gov.mt/en/Services-And-Info … idence.pdf

The problem is caused by the fact Malta doesnt issue the residence doc immediately, which is required by EU law

The italian consulate also told my wife that they were unable to transfer her residency until she had formal documentation (id card) from the Maltese. Which seems a fair position.

What gives? do we actually live in the EU?

ah.

so they giveth with one hand and taketh with the other.

I am going to need a lawyer.

everything is predicated on residence cards being issued immediately - all the issues you mention disappear then

again out of curiosity, what makes you believe residency is an act of volition. If within the EU residency application and documentation is immediate and coupled, one could equally assume its the later that concretes residency. It would also be an idea held supported by lots of anecdotal evidence.

http://europa.eu/youreurope/citizens/re … dex_en.htm

".After 3 months in your new country, you may be required to register your residence with the relevant authority"

Ie tell them you are resident

If you are an EU citizen you have a right to reside and work on the Maltese islands but you are required to inform the authorities within 90 days of arrival If seeking to reside beyond this time. (Job seeking exceptions apply when you may have up to 6 months). The method of informing the authorities is to complete their e-residence procedure and apply for the issue of an e-residence card.