[RESIDENCE CERTIFICATES] CHANGES TO APPLICABLE REGULATIONS

Distinction according to the purpose of the issuance. Sovereign Ordinance No. 8.372 of November 26, 2020 amends the regulations applicable to the issuance of residence certificates, until then governed by Sovereign Ordinance No. 8.566 of March 28, 1986. A distinction is now made according to the reason for requesting it :

Issuance for administrative purposes.
Issuance for tax purposes (tax residence is important because it determines the tax system on which the taxpayer depends).

Definition of the concept of “main centre of activities” and main place of residence in the Principality. Sovereign Ordinance No. 8.372 of November 26, 2020 adopts the definition of the resident of Monaco given by the Sovereign Ordinance No. 6.208 of December 20, 2016, i.e. “the individual or persons who have their main place of residence in the Principality, or their home, or have the main center of their activities, subject to bilateral tax conventions.”

Sovereign Ordinance No. 8.372 of November 26, 2020 defines the concepts of “main centre of activity” and “main stay in the territory of the Principality”:

The main centre of activity is defined as “the place where the person has made his/her main investments, where he/she has the head office or the actual management of his/her business, from where he/she administers his/her assets.”
The main or usual place of residence corresponds to “a stay of at least 183 days per year in the Principality or a stay of less than 183 days if the applicant is physically present on Monegasque territory for a period greater than that of stays in other countries.”

Assessment of habitual residence: a question of fact. Sovereign Ordinance No. 3.872 of 26 November 2020 follows on from The Monegasque jurisprudence which considers that the assessment of habitual residence is “a matter of pure fact which must be examined in the light of reliable and consistent evidence” (Supreme Court Decision, February 14, 2017, e. MA v. State of Monaco).

Documents to provide.

For Monegasque nationals, it is necessary to produce a document establishing their identity (electronic Monegasque identity card, certificate of nationality, passport…) and residence in the Principality (proof of residence or an affidavit of law and customs for Monegasque nationals wishing to marry abroad).
For foreign nationals, it is necessary to produce a valid residence permit, certifying on honour that they live in the Principality for more than 6 months a year (or that they have their main centre of activities their) and present any documents that can be used as proof of residency (“reliable and consistent evidence “).

Formalities, the validity of the certificate. The application for a residence certificate for administrative purposes is filed with the Police department. The certificate is signed by the Director of the Police Department (or, failing that, by a Police Superintendant). It expires after a period of 6 months from the date of issue.

Documents to provide.

For Monegasque nationals, it is necessary to produce a document establishing their identity (electronic Monegasque identity card, certificate of nationality, passport…) and residence in the Principality (proof of residence or an affidavit of law and customs for Monegasque nationals wishing to marry abroad).
For foreign nationals, it is necessary to provide a valid residence card, certifying on honour that their main place of residence or home is in the Principality (or that they have their main center of activities “subject to bilateral agreements and conventions). In addition, they must justify having occupied a dwelling in the Principality (title of ownership, rental lease or certificate of accommodation) during the past year (water, electricity and telephone bills). Finally, they may provide any other document that can be used to prove residency.

Formalities, the validity of the certificate. The application for a residence certificate for tax purposes is filed at the Residency Section in the Police department, using the specific residence certificate form. It is valid for one year as from the date of issue.

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