16Feb

Is ‘SAF’ the new buzzword in aviation?

16 February 2023 GERALDINE SPITERI 133

During the Corporate Jet Investor event held in London during February 2023, a number of sustainability goals were discussed in the aviation industry.

One of the central themes was that of alternative fuels for business jets. It is hoped that available alternatives might provide a workable and environmentally friendly solution to traditional, fossil-based, jet fuels.

SAF – Sustainable Aviation Fuel – what is it ?

The aviation industry has always been at the forefront of development. It has seen considerable growth during the last few years. This growth was particularly marked during COVID, when travel had become impossible due to commercial lines being grounded. Naturally, this raised concerns about the increased carbon footprint of this high-powered industry. Every industry is now talking of sustainability and lower carbon emissions, whether it is road vehicles, yacht, ships or aircraft. Business aviation is not immune to the global pressure being felt.

SAF is a next-generation fuel which is made from renewable waste and residue raw materials, such as used cooking oil or other agricultural products or waste. Compared to jet fossil-fuel, SAF is claimed to be able to reduce carbon emissions by 80%. Since it is chemically similar to jet fuel, SAF can be used as a direct replacement – although it is much more expensive and has so far been added to jet fuel. SAF is highly compatible with jet fuel. There is no need for the aircraft owner or operator to invest in additional system capabilities or to adapt the aircraft in order to use SAF. It is just added to the traditional fuel.

SAF has been in use since 2016 but recent industry stakeholders have further promoted its use. Customers have become more savvy around the need to limit emissions and to neutralize their carbon footprint.

Lending companies and financiers now tend to insist that an element of sustainability is worked into the business plan of the financier. Servicing companies – aircraft operating companies, brokers – also have a part in pushing towards further use of SAF.

SAF is still very expensive. This means that only a small percentage of the fuel used is SAF. It needs to be sourced in a manner that becomes feasible and that will therefore make it possible for aircraft to use SAF more widely.

The participants at the conference – over 580 professionals – seemed to converge on the idea that SAF will indeed see increased take-up. The industry has a key role to play in all of this, in ensuring that the use of SAF becomes the given practice.

Interestingly, while discussing SAF, sustainability and aviation, environmentalist protestors broke into the room. They accused business jet operators of causing unacceptable levels of pollution. They claimed that there is a high number of emissions in proportion to the small number of passengers. In a recent incident at Sciphol airport, hundreds of climate activists descended on the private jet section. They stopped aircraft from departing by sitting in front of their wheels. It is claimed that at least one of the flights delayed was a medical flight. The organisations involved (Greenpeace and Extinction Rebellion) claimed that they were protesting the aviation industry’s pollution and greenhouse gas emissions, as well as local noise pollution.

From the business aviation community perspective, the industry itself accounts for less than 0.4% of world emissions, even if there is no denying that it is in itself a culprit. The industry and its stakeholders are thoroughly engaged in neutralisation of carbon emissions. Across the board, there appears to be commitment towards more sustainable technologies, lighter materials and research to continue to reduce carbon emissions.

Business aviation – bizav – generates a large number of jobs and is a high contributor to the GDP of any economy. The industry itself promotes mobility of important resources (e.g. medical flights) and has helped world connectivity when commercial aviation (airlines) were unable to provide services. Bizav remains at the forefront of the development – and promotion – of SAF and SAF technologies.

At Acumum, we commend sustainable projects and sustainability as part of our corporate social responsibility and we are happy to service clients and counterparts in bizav having sustainable goals.

Dr Geraldine Spiteri Director and Advocate – Acumum Legal & AdvisoryAcumum Legal & Advisory’s Marine & Aviation team was present and participated in the discussions surrounding areas of interest to its maritime clients. The team is headed up by Dr Geraldine Spiteri, whose main practice areas are maritime and yachting, aviation and transport and corporate law. Dr Spiteri has worked in the yachting industry for over ten years, brings with her a range of experience and contacts that enables Acumum to ensure an all-round service to yacht-owning clients.

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

16Feb

The Corporate Jet Investor London, 2023: An Exciting Aviation Event

16 February 2023 GERALDINE SPITERI 131

London, 6-8 February 2023. This year, Acumum – Legal & Advisory attended the Corporate Jet Investor (London), held at The Landmark London. With the glamorous backdrop of the 5-star premises, and an array of discussion panels featuring top-notch speakers, Dr Geraldine Spiteri has returned from the event, brimming with excitement.

Business aviation – ‘bizav’ – is on the rise. Business jets have stepped in during COVID, flying people and supplies at a time when commercial aviation had ground to a halt. For some, there is no going back to commercial flying. The tendency among high-net-worth individuals is to stick to private flying: this means fewer queues, less (or no crowds) and greater comfort and privacy while travelling.

Bizav nowadays provides connections to three times more European destinations than just a few years ago. It is responsibile for around 400,000 direct and indirect jobs and adds EUR 900 billion to the European GDP. It is toted as an industry worth investing in.

On the downside, it has a high carbon footprint, but accounts for only 0.04% of the global emissions annually.

Interestingly, during the event, protestors barged into the meeting twice. They slammed private jets as “obscene” and “a privilege that we cannot afford”. The protestors stormed in, as though timed, just as one of the sustainability debates had come to a close.

Later, we learned that a spokesperson for Fossil Free London told CJI: “We disrupted your conference because our climate is in crisis, and people around the world are already suffering and dying from the impacts of this crisis, particularly people in the Global South who have done least to cause this crisis and are now suffering from extreme weather, flooding, drought, heatwaves, storms and forest fires.”

During the conference, discussion panels were asked: Is the bizav industry being unjustly demonised? Among the subjects discussed was the ever-looming issue of the emissions caused by the industry and the bad press this has caused. Indeed, there is an increasing rise in the use of sustainable aviation fuel, though still expensive. Owners and operators are also investing in neutralising their carbon footprint. Naturally, it is still a polluting industry – but the general feeling was one of optimism: as the use of bizav continues to rise, so will scientists find a way to neutralise the carbon or to make the use of replacement fuels possible and, of course, feasible.

At the 2021 United Nations Climate Change Conference, a target was set to achieve net-zero greenhouse gas emissions from the U.S. aviation sector by 2050. A huge part of the conference discussion centred on sustainable aviation fuel, produced from renewable and waste feedstock can provide the greatest impact in our effort to reduce greenhouse gas emissions.

Other discussions centred around the changing trends in the take-up of bizav – both as an investment and as a means of travel. In particular, changing trends in requirements for aircraft, increased demand for aircraft and a lack of supply (long lead times for the delivery of newbuilds) led to lengthy and healthy discussions on the future of the industry.

Naturally, the sanctions on Russia were high on the watch list. This has been seen as a creeping web of restrictions, which practitioners from across the industry are watching with keen eye. A considerable difference has been observed between the EU and the USA as to how to treat aircraft that has a connection with Russia.

The conference was attended by around 580 delegates from all over the world. Some of the world’s largest brands in aviation sponsored the event – aircraft builders, engine builders, maintenance companies, managers and operators and financial and legal advisors.

Acumum Legal & Advisory’s Marine & Aviation is headed up by Dr Geraldine Spiteri, whose main practice areas are maritime and yachting, aviation and transport and corporate law.

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

24Oct

General Meeting of the International Jurists in Malta

24 October 2022 Dario Signorino 20

Acumum – Legal & Advisory Hosts Annual General Meeting of the International Jurists in Malta

On 23rd September 2022, Acumum – Legal & Advisory hosted the 2022 Annual General Meeting of the legal network International Jurists. Held at the Intercontinental Hotel in St. George’s Bay, St. Julian’s in Malta.

The event was attended by various member law firms of the global legal network. With presentations from a number of industry experts, the 3 day-long event covered important subjects from cyber security to professional indemnity as well as challenges to the legal profession.

The aim of the AGM was for member law firms from across the world to meet, with attendees from the UK, Malta, Sweden, Germany, Spain and more gathering for the event. As well as taking care of general administration for the network, the event held presentations and discussions on crucial topics to help create a learning environment for members to talk openly, exchange ideas, experiences and best practices in today’s world of law and share updates with fellow members.

The presentations started with Dr Marthese Portelli, CEO of Malta Chamber of Commerce and Ms Maria Zammit Micallef of Malta Enterprise. Other presentations followed from Carlo Pianese of Tribonian Law Firm, Thu Nga Haškovcová of Haškovcová & Co, Federico Vasoli of dmTV Global.

The afternoon sessions included a member’s discussion, which allowed for crucial face-to-face exchanges of ideas, support and learnings from challenges in the legal profession and best practices to overcoming them. Topics covered in the sessions included referrals, designed to improve awareness on how members interact with one another. This was followed by discussions on professional indemnity, standard business models and cyber security, all designed to encourage open discussion where members could share and take learnings from their experience in an ever-changing environment.

The afternoon concluded with further discussions on AML regulations and compliance and cryptocurrency, legal changes in different jurisdictions and secondments schemes, where members shared experiences of how they have supported the next generation of young lawyers and encouraging participation in future schemes to nurture young talent.

The event offered the opportunity to invite attendees to experience Malta with a guided walking tour of Valetta including visits to St. John’s Co-Cathedral and a Small Boat Harbour Tour. Plus, various opportunities for attendees and their spouses and partners to continue discussions and experience Maltese cuisine in St. Julian’s.

The event was attended by members of Acumum – Legal & Advisory, as well as and director and barrister Geraldine Noel, who also presented to members at the event as to Acumum’s range of expertise in sectors such as Aviation, Corporate, Energy, Maritime & Yachts, Pharmaceuticals. The AGM provided valuable takeaways on important topics giving insight into the challenges and experiences of fellow members from across the international law community.

About Us

Acumum – Legal & Advisory is an award-winning boutique set of legal, tax & fiduciary firms – with an associated English barristers chamber, located in the EU tax & fiscal efficient jurisdiction of Malta and with representative offices in England and Ireland. Acumum’s senior management of lawyers, accountants & tax advisers, provide expert, trusted & cost efficient, bespoke services to an international clientele: individuals, family offices, corporations, Governments & other service providers.

Believing in long term relationships, we provide holistic, sustainable & practical solutions to clients, whilst being committed to a superb level of client service.

Acumum – Legal & Advisory: Trusted | Independent | Expert

260 St Albert Street

Gzira, GZR 1150

Malta

T: +356 2778 1700 E: [email protected] W: www.acumum.com

08Oct

The Voice of the Shipping Industry – Malta Maritime Summit, 2023

8 October 2022 GERALDINE SPITERI 133

Early this month, Dr Geraldine Spiteri was invited to speak about seafarers and yachting at the biennial conference, the Malta Maritime Summit,2022. This is the forum where players in the maritime industry can bring matters of importance to the attention of the authorities and propose a way forward.

It is the third time that this biennial event was organised. Held in the first week of October 2022, it follows soon after the Monaco Yacht Show and brings together maritime experts from several countries.

Yachting Events — Pretty flags grace the vents of these beautiful yachts in Port Pierre Canto

Themed “The Voice of the Industry”, this event hosted prominent and influential maritime stakeholders who debated maritime concerns and challenges facing the various sectors including the post-COVID reality, technology, environment and finance.

These discussions included, in particular, the training needs of seafarers and of the yachting industry. There has been a worldwide call for seafarers in yachting, due to the increase in the interest in owning and operating yachts, whether privately or for charter. This may call for a rethink on the training of seafarers who intend to work onboard yachts.

The summit also touched upon discussions relevant to other areas of the maritime industry, such as the IT needs of the maritime industry, sustainability and digitalisation, security issues, technical issues relating to ships and much more. Political issues were discussed – such as the possibility of the maritime industry requiring a shift in thinking. Sustainability of the industry featured high on the list of discussions and environmental concerns were raised and discussed.

Dr Geraldine Spiteri Director and Advocate – Acumum Legal & Advisory

Acumum Legal & Advisory’s Marine & Aviation team was present and participated in the discussions surrounding areas of interest to its maritime clients. The team is headed up by Dr Geraldine Spiteri, whose main practice areas are maritime and yachting, aviation and transport and corporate law. Dr Spiteri has worked in the yachting industry for over ten years, brings with her a range of experience and contacts that enables Acumum to ensure an all-round service to yacht-owning clients.

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

30Sep

Acumum attends the Monaco Yacht Show, hails end of the charter season for 2023

30 September 2022 GERALDINE SPITERI 130

September 2022. Acumum – Legal & Advisory attended the Monaco Yacht Show, 2023.

For any yachting professional, the Monaco Yacht Show is an annual must-visit. It brings together many important events, such as Marine Money , the SOS Yachting VAT seminar and the Mare Forum conference.

Following hot on the heels of other yachting events that opened the conference season, the Monaco Yacht Show is the biggest yachting show of the year in Europe. It is possibly the most important yacht show of the year in the region. Yachting professionals from a wide range of service fields meet, network and grow their business at this interesting, high-paced event.

The show features some of the largest, most luxurious yachts in the world. The yachts are showcased for sale or charter, or simply on display. Builders bring their new creations here, and visits are available for those interested in buying or chartering. There is also a range of tenders and toys on display – boats of various sizes, jet skis and other attachments which make life onboard a superyacht that much more fun.

Crewing organisations and crew training companies were also present to meet with yacht owners, managers and operators to discuss training and crewing needs. These will depend on the size of the yacht and whether she is used for private ends or chartered commercially..

“It is always so exciting to see so many of these very large yachts flying the Malta flag,” says Dr Geraldine Spiteri, who leads the Yachting team at Acumum. “The Malta flag is the largest superyacht registry in the world and Malta has a legal framework that is very interesting for yacht owners.”

“The Merchant Shipping Registry, Malta’s flag state administration, had one of the most active stands in the entire show, with professionals from all over the world, stopping by for drinks, a chat and to exchange business contact details,” Geraldine says. Indeed, practitioners from many industries – lawyers, surveyors, accountants, brokers – all attend the Monaco Yacht Show in an attempt to renew old contacts and make new ones.

The show consists of different sections – ranging from the very large yachts, to tenders and toys, innovative designs and service providers. Acumum – Legal & Advisory, part of a boutique group of firms, provides services including registrations, financial administration and advice on chartering and other contracts, while the corporate arm, Acumum Corporate Services Limited, is a licensed entity that offers corporate set-up and administration for yacht-owning and operating companies. We aim to provide a one-stop shop for yacht owners, bringing a wide range of expertise to our clients, delivered in a very personalised fashion and based on the client’s requirements.

Acumum Legal & Advisory’s Marine & Aviation team was present and met many clients and colleagues to discuss matters of interest to its maritime clients. The team is headed up by Dr Geraldine Spiteri, whose main practice areas are maritime and yachting, aviation and transport and corporate law. Dr Spiteri has worked in the yachting industry for over ten years, brings with her a range of experience and contacts that enables Acumum to ensure an all-round service to yacht-owning clients.

Read our factsheets on yacht registration in our library, and read more about our yachting services on our Maritime page.

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

09Sep

Yes, we Can(nes) – Acumum at the Cannes Yachting Festival

9 September 2022 GERALDINE SPITERI 143

September 9, 2022. Acumum – Legal & Advisory attended the Cannes Yachting Festival – a delightful celebration of yachting, bringing together professionals and clients from the yachting world, from all over the globe.

The Cannes Yachting Festival heralds the opening of the show season for the yachting industry, as well as the closing of the charter season in the Mediterranean. It is held every year during the early weeks of September.

September a time when many chartered yachts begin to plan for their winter maintenance, or head to the Caribbean where they can continue their operations in the warmer weather. Private yachts may follow the same course, depending on the owner’s itinerary. For some, the weather is still sufficiently inviting to warrant a few more trips out at sea, or a few more charters for that matter.

The Cannes Yachting Festival is held in the beautiful Port Vieux, hosting motor yachts, and Port Canto, hosting some of the largest sailing yachts in the world. This exciting yachting event brings together yacht builders and brokers, suppliers of all types of yachting goods and a wide range of service providers. Stakeholders in the yachting industry review the success of the charter season. Owners begin to plan the winter schedule – from winterising, a maintenance programme for the winter months, to general upkeep, be it technical or cosmetic. The yachting festival also boasts a number of servicing and parts providers, which makes it a great opportunity to book any refits, or upgrades in the appearance of the yachts, and all kinds of maintenance programmes.

For service providers such as Acumum, being involved in this event means staying on top of the industry. Yachts are very special assets and hands-on knowledge of their maintenance requirements means that those responsible for a yacht’s operation and management are well aware of what the industry has to offer. This is key to offering expert advice and guidance in the ownership and operation of a yacht – whether private or commercial.

Boarding ? — Beautiful yachts are open to visitors

Surrounded by the glamorous buildings from the Belle Epoque and a stunning promenade, some of the largest yachts proudly flew the Malta flag, which is the largest superyacht registry in the world. This year, a number of yacht builders featured their newbuilds in Cannes while a number of events aimed at networking brought together a number of professionals – some of whom had not been to any yacht shows during the previous two seasons, due to the pandemic.

Many professionals visit the show, travelling from all over the world to close the charter season and to commence a series of events after the other which lead to networking, professional discussions and hopefully, brokering deals.

“The general feel of the festival exhibitors and attendees was really great,” says Dr Geraldine Spiteri, who leads the yachting team at Acumum, “and despite the last two years of lockdowns and world upheavals, the yachting industry is still going strong. Indeed, owners have immersed themselves more deeply into their yachting activities, realising that it is one of the safest options to travel. During the pandemic, orders for newbuilds or refits have soared, with the result that many yacht yards have a full order list. The yachting industry is really thriving.”

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

20Jul

Acumum – Legal & Advisory attended the 2022 Superyacht Symposium in Malta

20 July 2022 Acumum Legal & Advisory 161

July 2022. Acumum – Legal & Advisory attended the Superyacht Symposium in Malta – a first event of its kind, hosted by the Malta Chamber of Commerce and the Malta Maritime Lawyers Association, of which Acumum is a member.

The symposium was held over two days and featured important discussion topics such as: Malta as a yacht refit center, yacht marina facilities, Malta as a destination for superyachts, the interests of seafarers (including training) and regulatory issues surrounding superyachts. Hon. Dr Aaron Farrugia, Minister of Transport, Infrastructure and Capital Projects and the Registrar General for Shipping, Mr Ivan Sammut attended, alongside ley speakers and panel moderators, from different areas in the industry so as to hold a wide-spectrum discussion on various matters of interest to stakeholders and their clients alike.

The aim of the symposium was to chart the future of the superyacht industry in Malta and the Minister announced the first National Superyacht Policy in his opening address. Indeed, the highly active discussions across all sessions indicated that this is very much an in demand initiative and will continue to ensure that Malta provides quality services to the superyacht industry.

The symposium acknowledged that the superyacht industry in Malta has continued to register growth, reflecting the success of the Maltese flag. The symposium identified a number of key strengths which can continue to be developed as the industry evolves. The Malta Ship Registry declared itself committed to continue to work hard with partners and stakeholders to take the superyacht industry to the next level. Industry stakeholders, including owners of shipyards, yacht builders, marine surveyors, accountants and auditors, tax advisors and lawyers were present to share ideas as to the full spectrum of services which is offered across Malta.

The Maltese flag for yachts provides a number of benefits: the strong reputation it enjoys as well as the robust legal framework and the ability for a foreign owner to register a Malta flag are just some of these incentives. Malta’s Commercial Yacht Code has long provided guidance to those superyachts wishing to engage in charter; for even larger yachts carrying more than 12 passengers, the recently published Passenger Yacht Code also continues to give further guidance, while ensuring the safety of those vessels carrying larger numbers of passengers, in compliance with international conventions. It was also suggested that guidelines for privately owned superyachts be issued, which would ensure speedier registration processes and the high quality of yachts registered in Malta.

Dr. Geraldine Spiteri. I Head of Marine & Aviation.

[email protected] +366 2778 1700 ext 403

18May

Acumum Director receives Excellence Award, Maritime & Aviation, at the Women’s Economic Forum

18 May 2022 Acumum Legal & Advisory 161

Last night, Dr Geraldine Spiteri, director and advocate at leading Maltese specialists Acumum – Legal & Advisory received an award for Exceptional Women of Excellence in Maritime Law & Aviation, during a ceremony held at the Women’s Economic Forum networking event at the Valletta Waterfront, Malta. The 18^th May, is ‘International Women in Maritime Day’, a day when the global maritime industry celebrates the encouragement of women to work in the maritime industry.

The event was organised as part of a series of networking events for the Women’s Economic Forum (WEF), that is a part of the Women’s Indian Chamber of Commerce International (WICCI), Malta Branch – a business and industry that boosts and builds women’s entrepreneurship and businesses through greater engagement with government, institutions, global trade and networks. WICCI includes various free platforms, including the All Ladies League (ALL), and the SheEconomy. The group hosted leading women across the world working in high profile industries and established the new headquarters of WICCI Malta.

During her speech to express her thanks for this recognition, Dr Spiteri mentioned the ever-increasing role that women in maritime contribute to the maritime industry. Dr Spiteri promised to work within the industry to continue to promote the role of women in high positions in the maritime world. “I believe that women can also play an important role in the maritime economy and Malta is very well placed to put this matter on the agenda for continued developments in the maritime industry,” she said in her speech. “Together, this is something we can work on across our industries to be able to promote accessibility of these roles to women all over the world.” Dr Spiteri has also headed up a number of initiatives and spoken at key events, including a Women in Maritime held at the IMO International Maritime Institute on the empowerment of women in the maritime industry in 2019.

Dr Geraldine Spiteri celebrating the wining of her Women Economic Forum award

Within Acumum, Dr Spiteri heads up the Marine & Aviation team, which services clients wishing to register their yachts and aircraft, as well as those wishing to set up the ownership and operation of these assets within a corporate structure. Dr Spiteri is a Maltese advocate and lectures in maritime and aviation law.

Acumum Legal & Advisory is a fullservice boutique firm, providing a range of services including those relating to the registration and management of ships, yachts and aircraft.

To contact Dr Spiteri or to find out more about Acumum and its services call +356 2778 1700, email [email protected] or visit the company’s website at www.acumum.com.

16Apr

Brexit – Malta – Rules for British Persons

16 April 2019 Acumum Legal & Advisory 27

Why Malta?

The Republic of Malta, a former colony of Great Britain until 1964 has since maintained a special relationship with the UK.

Added to which, as the only one of two European Commonwealth members, Malta’s relationship with the UK, is based on mutual cultural, legal, and economic understanding.

Accordingly, Legal Notice No. 63 of 2019 (“Legal Notice”) goes some way to protecting British persons resident in Malta before the Brexit withdrawal date – whenever that may be.

Who is included?

The Legal Notice sets out persons to whom these provisions will apply: “British Citizen” means a person who holds British Nationality under the British Nationality Act excluding those holding the following British nationality status:

British nationals (Overseas),
British overseas territories citizens (BOTC),
British overseas citizens (BOC),
British protected persons (BPP),
British subjects (BS)

As well as a British citizen who holds a valid certificate under the Residents Scheme Regulations, if such person within 2 years from UK’s withdrawal date, exchanges their status to the residency status under the Legal Notice.

Family Members?

The provisions of the Legal Notice will apply to established family members of British persons, even if that family member is not residing in Malta as of the withdrawal date. The above rules apply to children adopted or born after the withdrawal date to the British person.

In cases where the British person has died, or divorced or separated, the family member may still have the right to reside in Malta if they have the right to reside under the Free Movement of European Union Nationals and their Family Members Order.

Length of Residency Permit

10 years, renewable subject to the person continuing to meet the requirements set out in the Legal Notice.

Application Process

Applications are to be submitted to the CEO of Identity Malta. The CEO of Identity Malta shall refer all applications to the Principal Immigration Officer to ensure the application is not against the public interest.

Until approval of the application under this Legal Notice, the British person’s (and residing family members’) previous residency rights shall continue to subsist.

Benefits & Related Rights

Except for regulated professions, all rights held by the persons shall continue, prior to Brexit with access to:

Healthcare – if a worker or student
Healthcare entitlements – if covered by the S1 scheme (formerly residual E106),
Healthcare entitlements if self employed
Access to education – except that grants or loans may only be given to persons who have resided in Malta for at least 5 years prior to the withdrawal date.

Equal treatment on par with a Maltese citizen as to :

Recognition of educational qualifications – provided that an application is submitted prior to the withdrawal date to recognise diplomas, certificates and professional qualifications in accordance with Maltese legislation
Access to goods and services
Social benefits, provided that the person does not become a burden on the Maltese social assistance programme.

British nationals will also be able to exchange their UK driving license for a Maltese license without having to take the test.

Loss of Rights

The rights granted to British persons (and appropriate family members) will be lost if the beneficiary is absent from Malta for a continuous period of 2 years, not including:

Temporary absences of 6 months in a year
Absences due to compulsory military service
One absence of a maximum of 12 consecutive months due to important reasons such as pregnancy, serious illness, study or vocational training or a work positing outside of Malta
It is contrary to the public interest or public security
After the withdrawal date the beneficiary is found guilty of an offence and subject to imprisonment of 1 year or more, whether in Malta or abroad
Does not have sufficient funds, equivalent to the national minimum wage, to support themselves, or becomes a burden on the Maltese social assistance system
No application for the Brexit Permit is received within 2 years of the withdrawal date
Concealment of any material fact, by way of fraud, false representation
Beneficiary is spouse or partner who is a 3rd country national, whom after the withdrawal date divorces or separates from the British citizen within 3 years of the marriage or registration of the partnership
A de-facto partner of a British citizen, whose relationship no longer exists.

Refusals & Appeals

Refusals by the Maltese Government should be supplied with reasons, in writing, for the basis of the decision, unless this is contrary to public security. An appeal can be submitted to the Immigration Appeals Board, on the basis and within the time period notified to the British national.

Next Steps

British nationals resident in Malta prior to the Brexit withdrawal date are urged to regularise their position.

Older persons and persons not deemed a worker or student on holding an S1 scheme permit should make inquiries as to an appropriate health insurance
Persons in ‘regulated professions’ such as lawyers, doctors, nurses, social workers, pharmacists, vets are urged to contact their regulating profession in Malta in order to ascertain their work / license status. You can find out whether you are part of a regulated profession here: http://ec.europa.eu/growth/tools-databases/regprof/index.cfm .

You are urged to submit their qualifications to the Malta Qualifications Recognition Information Centre prior to Brexit.

13Dec

Key Employee Initiative

13 December 2016 Acumum Legal & Advisory 23

The Key Employee Initiative (KEI) has been introduced in Malta, providing a new, efficient programme for third country nationals / non – EU nationals (TCN) seeking employment and residence in Malta.

The Key Employee Initiative aims to facilitate and to provide a fast track application process to highly-specialised third-country nationals who seek employment in Malta; applications will be approved within five working days from the date of submission of the application.

Eligibility

An individual may apply for a work/residence permit under the scheme if the employment position concerns a managerial or a highly-technical post which requires specific qualifications or adequate experience.

This scheme is also open to innovators who are involved in start-up projects which are specifically approved by Malta Enterprise.

Individuals applying under the KEI must:

Have an annual gross salary of at least € 30,000; and
Provide certified copies of the relevant qualifications, warrants or the necessary work experience;
Provide a declaration by the employer stating that they have the necessary credentials to perform the duties which they have been assigned.

Validity

Once the application is validated and approved, the applicant will be issued with a residence permit which is valid for 1 year. The permit may then be renewed for a maximum period of 3 years, subject to the submission of the documentation requested by Identity Malta, namely:

A definite or an indefinite contract of employment, and
The original annual tax declaration form stamped by the Inland Revenue Department.

Government Fee

The Government of Malta’s fee for the submission of the application is €280.50, to be paid at the time of submission.

Time-frame

Permits are issued within five working days from the date of submission of the application. The applicant does not need to be physically present to submit the application, therefore the applicant would not need to travel to Malta to submit the application.

Documents Required

1. Application for a residence permit on the basis of employment – the form must be endorsed by the employer with an official stamp and signature of the responsible official;
2. Identity Registration Form – Non-Maltese Nationals along with the application fee of
€280.50;
3. Full copy of passport;
4. Declaration by the employer stating that the applicant has the necessary credentials to perform the duties being assigned;
5. Draft work contract showing an annual gross salary of €30,000;
6. Curriculum Vitae of the applicant;
7. Certified copies of the relevant qualifications, warrants or reference letters;
8. Full health-insurance policy, showing all aspects being covered, which supports the applicant in the eventuality of requiring any type of medical assistance or hospitalisation during the first year of stay in Malta;
9. Lease agreement or purchase agreement of property.
10. Depending on type of job, a relevant health screening approval from the Health Promotion and Disease Prevention Directorate.

How can we help?

Acumum can advise and assist third country nationals with the application process under the Key Employee Initiative. Applications for the Key Employee Initiative are required to be made to and processed by Identity Malta by an Authorised Registered Mandatory.

Acumum is an Authorised Registered Mandatory for all Malta Citizenship and Malta Residency programmes.

Kindly contact us on [email protected] for more information.