Application for Permit of Residence Gibraltar

Permit of Residence Gibraltar

If you are working in Gibraltar and you intend to reside in Gibraltar you must apply for a permit of residence. A permit of residence is issued by the Civil Status and Immigration Department of the Gibraltar Government and is accompanied by an ID card which, for example, is required when registering either you and/or your family with the Health Authorities.

The ID card also assists in a whole ambit of other administrative applications and it is advisable that you obtain one. If you are a non-EU national with a work permit you must apply for a permit of residence, given the fact that you will be unable to remain in Gibraltar on a tourist or business visa for to long. With regards to the application of the permit of residency there is a requirement to show proof of your intention to remain in Gibraltar i.e. the purchase of property or a rental agreement with 12 months remaining on the same for the applicant non-EU national who intends to reside in Gibraltar. For non-EU nationals permits and ID cards can be issued for a period of 3 months up to 5 years before renewal.

If you are re-locating to Gibraltar for employment and you have specialist skills or experience you may be eligible to apply for special tax category status which limits the amount of income tax payable. These applications are not common and the application is to the Financial and Development Secretary at the Finance Centre. These applications are called Category 3 and 4 and they are unique, for example, a Cat 3 applicant must be employed in a tax exempt company, earn a minimum of £50,000 per annum, own or rent an property approved by the Financial and Development Secretary and possess skills and experience not available in Gibraltar local market. Moreover, the employment of the applicant must be essential to the operation of the tax exempt company. There is also a £1000 filing fee per application. Applicants for ‘Cat status’ are few and far between and there are strict rules governing approval and retention of that status.

Civil Status and Immigration Department
3 Secretary’s Ln, Gibraltar GX11 1AA, Gibralta

Non EEA Nationals
wishing to take up an economic activity in Gibraltar should, in case of those intending to set up in businesses, contact the Commercial Director of the Department of Trade and Industry in the first instance. Those seeking to take up employment should approach the Employment and Training Board. Visas to enter Gibraltar will not be authorised unless it can be established that there is a genuine intention and ability to set up a business. In the same way a visa for a person intending to take up employment will not be authorised unless the Employment and Training Board confirms that there would be no objection in principle to the issue of a work permit.

Persons who do not wish to pursue an economic activity in Gibraltar would, under the provisions of the Immigration Asylum & Refugee Act, need to show that they are of good character and that it would be in the general interest of Gibraltar that they should be issued with a residence permit. Requests for residency in this category are processed by this office and this is discretionary provision under section 19C of the Immigration, Asylum and Refugee Act. Individuals are expected to provide evidence as to their good character, financial standing and good health. Although ownership of accommodation is not absolute requirement, it is considered an advantage. However a final commitment to purchase should not be entered into before approval in principle to the issue of residence permit is given.

Residency permits are normally issued for a maximum period of one year and are renewed annually provided the Immigration Authorities are satisfied that there has been no material change of circumstances.

An EEA national
Has the right to enter Gibraltar on production of a valid passport or national identity card, and remain for 3 months in order to seek employment or to establish himself under any other qualifying category. An EEA national who exercises EEA rights as a qualified person and establishes himself in Gibraltar acquires the right to reside by virtue of this and must register for residence during or after residing in Gibraltar for 3 months. Residence documentation will have a renewable validity of 5 years although a civilian registration card will be issued for 12 months in the first instance.

The families (whether themselves EEA or non-EEA nationals) of established qualified persons also have the right to reside provided the qualified person has suitable accommodation for them. Family members must also apply for residence documentation after being in Gibraltar for 3 months. The residence documentation to family members will have the same validity as the documentation issued to the qualified person. The non-EEA visa requiring family members of a qualified person will need to obtain an EEA family permit in order to enter in Gibraltar.
EEA nationals who are self-sufficient and who do not intend to take up economic activity in Gibraltar also have the right to reside as qualified persons provided they and their dependants have sufficient resources to avoid becoming a burden on the social assistance system of Gibraltar, are covered by sickness insurance in respect of all risks and have suitable accommodation.

Retired self-sufficient UK nationals who are in receipt of a state pension in the UK may not need to take out sickness insurance if they are included in the list of pensioners who are entitled to medical treatment under the Gibraltar Health Authority: Such persons who wish to be included on the list should contact the following:

The Pensions and Overseas Benefits Directorate
Department of Social Security
Tyne view Park
Benton, Newcastle upon Tyne
NE98 1BA. (Tel: 0191 218 7777)
www.dwp.gov.uk

Notwithstanding the right of an EEA National to live and work in Gibraltar, any such person can be refused entry, or after entry may be required to leave on the grounds of public policy, public security or public health.

EEA National – Employed
Must present the following…
1. Passport or National ID Card.
2. ETB registration. If registration took place six months or more before the application for a residence permit, request a letter from employer stating that person is still working there.
3. Proof of accommodation, i.e. Rental Agreement (valid for six months) if property rented by company, a letter stating the person is living there from the company. If renting, rental agreement or letter from estate agent. If living with someone who owns property deeds or under lease a detailed letter explaining under what basis is living in the house, (family, boyfriend/girlfriend). If Government rented, Housing Information List.
4. 1 Photo
5. £5.00

EEA National Self Employed
Must present the following…
1. Passport or National ID Card.
2. ETB registration as self-employed.
3. Business Certificate
4. DSS Schedule
5. Proof of accommodation as above
6. 1 Photo
7. £5.00

Retired Self Sufficient 
Must present the following…
1. Passport
2. Proof of Income (Pension dividends, bank statements) needs to be drawn from a local bank.
3. Private medical insurance or if British Citizen and entitled to NHS in the UK to get in touch with CHA and have rights transferred over, or health card
4. Proof of accommodation as above

Civilian Registration Card
Initially, it is issued for 1 year at the same time as the residence documentation, then for 4 years and renewable every 5 years thereafter to coincide with the permit. Should you require any further information please contact the Civil Status and Registration Office on +350 200 51725 or email: [email protected] This email address is being protected from spambots. You need JavaScript enabled to view it.

Guidance Notes on Applying for Civilian Registration Cards
In order to apply for Civilian Registration Card all applicants must submit the following documentation:
• Completed application form,
• Passport,
• Proof of Address (please see notes below),
• Proof of Income (please see notes below),
• Passport photo,
• Fee for Civilian Registration Cards is £5
• Application forms must be completed in full. Incomplete applications will not be accepted.
• Photos must be standard passport photos on a grey or cream background and must show the head and top of shoulders.
• Application for person between the ages of 16 and 18 must be signed by the application and the applicant’s parent must complete a “Consent Form”.
• Applications for persons under the age of 16 must be signed by at least one parent.

Guidance Notes on Applying for Civilian Registration Cards for EU Nationals
Proof of Address:
• Only Deeds or Rental Agreement will be accepted as proof of address
• Private Rental Agreements (not through an Estate Agent) must be accompanied by Deeds for the property.
• Utility bills will not be accepted

Proof of Income:
• Employment- If you are in permanent employment then you must submit a copy of your Ministry of Employment Contract, accompanied by a letter form you employer stating that you are in employment. Please note that contracts showing an address other than in Gibraltar will not be accepted.
• Self-sufficient persons- Proof of funds in the form of bank statements for the sick months prior to application or a valid Category 2 Individual Certificate. Please note that applications for self sufficient person must be accompanied by Private Medical Insurance (please see Private Medical Insurance Notes). Category 2 Individuals will also need to submit receipts for Tax Payment from the Income Tax Office.
• Self-employment persons- Persons who are registered as self-employed must submit their Business Name Registration Act Certificate accompanied by a Certificate of Registration as a Self-Employed Person from the Income Tax Office. Receipt of Payment of Tax from the Income Tax Office will also be required.
• Pensioners- European Union pensioners who are eligible to transfer their pension rights from their Country of Origin to Gibraltar must first register with the Primary Care Centre (Gibraltar Health Authority). GHA card and proof of pension must be submitted with the application. If pension rights cannot be transferred, EU pensioners may apply as self-sufficient persons (see above).

Spouses and dependants of EU Nationals
resident in Gibraltar may also apply for Civil Registration Cards.
In order to apply for Civilian Registration Card all applicants must submit the following documentation:
• Completed Application Form,
• Passport,
• Marriage Certificate in English,
• Full Birth Certificate in English,
• Passport photo,
• Fee for Civilian Registration cards is £5.

Guidance Notes on Applying for Civilian Registration Cards for Non EU Nationals
Proof of Income:
• Work Permit Holders – A valid Work Permit must be produced when applying for a Civilian Registration Card.
• Self-Employed persons- Person who are registered as self-employed must submit their Business Name Registration Act Certificate accompanied by a Certificate of Registration as a self-Employed Person from the Income Tax Office. Receipt of Payment of Tax from the Income Tax Office will also be required.
• Category 2 Individuals- A valid Category 2 Individual Certificate must be submitted. Please note that applications for Category 2 Individuals must be accompanied by Private Medical Insurance (please see Private Medical Insurance Notes). Last receipt of  Income Tax payment to the Income Tax office will also be required. Category 2 Individuals will also need to apply for discretionary permission to reside under section 19(c) of the Immigration, Asylum & Refugee Act.

Spouses and dependants of Non EU National’s
resident Gibraltar are not entitled to reside in Gibraltar under the Immigration, Asylum & Refugee 2008.