In order to help our clients in entering an investment program and getting a residence permit, permanent residency or citizenship in the European Union, we make every effort to address the client’s needs, acting as psychologists and even detectives. In today's article, we are going to tell you how we managed to settle the issue of obtaining permanent residency in Malta for a couple in an unregistered marriage and their children from different marriages.
A married couple with children:
- George, 32 y.o., businessman, lives in Moscow
- Catherine, his wife, 30 y.o., works in a company owned by George
- Victoria, their common daughter, 3 y.o.
- Veronica, 7 y.o., Catherine’ daughter from her first marriage, lives with the couple
Also, George has an 8-year-old son from his first marriage, who lives in Moscow with George’s ex-wife.
In the beginning of summer we faced one of the most difficult cases in our practice. A young married couple, George and Catherine, sought our assistance. They planned to acquire a status in the European Union, preferably citizenship. The situation was complicated by several factors:
- George and Catherine’s marriage was not officially registered for financial reasons; they live together;
- the couple has a common child;
- both George and Catherine have children from their previous marriages, so they want to acquire a legal status in the EU for their children as well, as a prospect for the future;
- we had to solve the problem with a registration of their status within 10 days, because afterwards the children from previous marriages were going on vacation.
Goals and Objectives
In our practice, it is not uncommon when a client wants to obtain a residence permit, permanent residency or citizenship in Europe, while including in his application a partner with whom the client has not officially registered family relationship.
We offered the best option for George and Catherine – obtaining Maltese permanent residency under Malta Residence and Visa Programme Regulations. The program allows to include financially dependent children at a fixed cost. Our proposal got the clients interested, and we started to work.
We defined the following tasks:
- to verify George and Catherine’s family partnership;
- to prove that all the children from previous marriages are financially dependent on George, acting as a main applicant;
- to obtain consent of the children’s second parents – George’s ex-wife and Catherine’s ex-husband;
As it was already mentioned, we had a maximum of a week and a half to carry out these tasks.
Why the Program of Permanent Residency in Malta?
- A small amount to be invested – €250,000 in purchase of government securities with the possibility to return the investment in 5 years. Renting a property in Malta for €10,000 per year or buying a real estate item for €350,000 (also with the possibility to sell it in 5 years). Plus a one-time administrative charge of €30,000.
- Fast registration – it takes 2-3 months from the time of submitting the application and documents until the issuance of a residence card (the fastest program for obtaining permanent residency in Europe).
- Participation of the entire family – an applicant can include a spouse (including unregistered marriage) and financially dependent children under 26 (including spouse’s children from other marriages) in the program.
- Wide opportunities – the Maltese permanent residence allows travelling across the Schengen Area without visas, keeping savings in European banks, optimizing taxation load, educating children in European schools and universities and receiving high-quality medical care.
How Did We Prove That Our Clients Are Married?
If the marriage is not legally registered, this is not a reason for a refusal for participation in the program. However, it is necessary to prove our clients’ marital relationship, the existence of a joint center of fundamental interests, while a common child is not sufficient to verify the relationships between the partners.
With George and Catherine’s permission, our employees had to study their leisure time, habits and other lifestyle aspects. As the result, we found out few facts:
- a property owned by Catherine was used as a place of residence for both spouses’ registration;
- the spouses work in the same company and have close business relations;
- Catherine uses George’s car by procuration;
- the couple is usually travelling together;
- George regularly pays utility bills for the apartment where both of them reside in;
- he also pays for beauty salons, fitness centers visited by Catherine and transfers money in her name, indicating her as his spouse.
All these facts were used by us as evidence of the couple’s conjugal relationship.
Verifying the Children’s Financial Dependence
It was more difficult to solve the problem of the children’s financial dependence on George. Officially, George is not their guardian, and his son lives with his ex-wife at a different address in Moscow.
We found out that George continuously paid for the children’s education, he purchased package tours for them on repeated occasions and transferred money to his former wife to financially support his son. Undoubtedly, he provides financial support for Catherine’s daughter from the first marriage, who lives with them. In addition, he signed an affidavit of financial support for the children.
Obtaining Former Spouses’ Consent
The most difficult task was to get the consent from former George and Catherine’s spouses for both children. Negative psycho-emotional nuances of the relationship came to the fore. The former spouses refused to go to Malta for documentary confirmation of their consent to the children's participation in the program on the ground of the lack of time and desire. Our staff took on the hard psychological task of reducing the tension.
Simultaneously, in the shortest time a way out of the situation was found – a visit to the Consul of Malta in Moscow without going to Malta. The decision was rendered against the background of our long-standing business partnership with the Ambassador of Malta. A time and date were scheduled, convenient to everyone. All the participants arrived at the meeting on time and signed the documents. As the result, we saved the clients’ time, money and energy.
Result of Work
Thus, within 10 days we achieved the desired results:
- confirmed Catherine and George’s co-residence and leisure activities;
- proved the financial dependence of all the children participating in the program on George;
- obtained the consent of George and Catherine’s ex-spouses for all the children’s participation in the program;
- arranged an appointment with a doctor for all the participants of the program with the aim to obtain statements of good health;
- scheduled a meeting with the consul to submit documents and applications.
Thus, we met the deadline. The children went on vacation, while the documents under the Malta Residence and Visa Programme Regulations were completely prepared and filed. At the moment, George and Catherine are waiting for the issuance of their cards for permanent residency in Malta.
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