[attach id=429822 size="medium"]Ruth Schembri and Prince Nuri Osunde simply wish to live together, with their children, as a family. Photo: Darrin Zammit Lupi[/attach]
A Maltese woman and her Sudanese partner, who have been barred from buying a property together because he does not have refugee status, are calling on the authorities to allow them to live as a family, together with their two children.
“It’s our greatest wish to live together as a family,” Ruth Schembri, 33, told The Sunday Times of Malta. “The notary advised us that, since we have two children together, no complications should arise. Following his advice, we entered into a promise of sale agreement to buy a small house in Tarxien. But my partner’s application has been turned down.”
Prince Nuri Osunde, 44, has been living in Malta for over nine years and has been granted temporary humanitarian protection, meaning that he cannot be returned to his country of origin.
This is re-evaluated annually. He has been in a relationship with Ms Schembri for the past five years. The couple have two children, aged four and two. Mr Osunde, who is self-employed and works in construction finishing, currently rents a small house.
Ms Schembri, a separated homemaker, lives with her mother and four children, two of whom are from her previous marriage.
Ms Schembri has petitioned for a divorce and the couple plan to marry as soon as it is granted.
In November, Ms Schembri and Mr Osunde entered into a joint promise of sale agreement for a small townhouse worth €48,000. They alsp applied for a bank loan to help finance the purchase.
The law states that non-EU nationals cannot acquire immovable property which is below the value of €174,514. In addition to this, the permission of the Minister of Finance is required for the purchase to go ahead.
We are so disappointed.It’s so unfair –no one can dictate your feelings and with whom you fall in love
However, according to the law, exceptions for properties less than the stipulated amount can be granted.
In November, after their notary advised them that their application should be accepted, the couple entered into a joint promise of sale agreement.
However, in February, the Capital Transfer Duty Branch rejected the application on the basis that the property’s value did not reach the €174,514 required by law.
The couple’s notary wrote to Finance Minister Edward Scicluna, objecting to the refusal on the basis of Mr Osunde’s humanitarian status.
Though Ms Schembri was not restricted from acquiring the property, the refusal to allow Mr Osunde to acquire his half-share was jeopardising the family’s prospects of buying their sole ordinary residence, the notary said.
The law, the notary added, was introduced to safeguard property prices from foreign speculation. But in this case, it is stopping a family from acquiring a home, security of mind and the stability required by any family.
Ms Schembri explained that they were left dangling for the subsequent three months, until they were finally rejected on the basis that Mr Osunde does not have refugee status.
Ms Schembri says that her first divorce hearing is in June; however, the promise of sale agreement also expires in June.
“We are so disappointed. It’s so unfair – no one can dictate your feelings and with whom you fall in love,” Ms Schembri said.
“We are not asking for the law to be changed,” Mr Osunde adds.
“We just wish the authorities to grant us an exception according to our particular case. I’m not buying property for business reasons but to live with my family.
“We often hear people complaining about [the dependency on] social benefits – but in this case, they are separating a family.”
Questions sent to the Finance Ministry on Monday remained unanswered by the time of going to print.