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L.S. 217.18 Regolamenti dwar il-Programm ta’ Malta dwar Residenza u Visa

MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 1 SUBSIDIARY LEGISLATION 217.18 MALTA RESIDENCE AND VISA PROGRAMME REGULATIONS 25th August, 2015 LEGAL NOTICE 288 of 2015, as amended by Legal Notices 189 of 2017, 122, 384 of 2021 and 56 of

  2. The title of these regulations is the Malta Residence and Visa Programme Regulations.
  3. For the purposes of these regulations, unless the context otherwise requires "Act" means the Immigration Act; Citation. Interpretation. Amended by: L.N.189 of 2017; L.N. 122 of 2021; L.N 384 of
  4. Cap.
  5. "application" means an application filed in terms of regulation 5; "appointed day" means the date on which Malta Residence and Visa Agency shall determine in writing that a beneficiary is issued a certificate under these regulations; "approved agent and, or accredited person" means an agent duly licensed under the Agents (Licences) Regulations and whose name is indicated in the register established by regulation 6 of the Malta Permanent Residence Programme Regulations; "beneficiary" means a third-country national who has been issued a certificate in terms of these regulations; "certified copy" means a photocopy of an original document certified by a duly warranted lawyer, or notary public, a Maltese consular or diplomatic officer, Malta Residence and Visa Agency or a senior officer of an authority appointed by Malta Residence and Visa Agency in terms of regulation 11

(2); "contribution" means a contribution of thirty thousand euro (€30,000), and, where applicable, five thousand euro (€5,000) per parent or grandparent of the main applicant or of the spouse paid in accordance with these regulations; "dependant" in relation to another person means – (
  1. a)the spouse of the main applicant in a monogamous marriage or in another relationship having the same or a similar status to marriage, unless the Minister authorizes otherwise on a case by case basis; (
  2. b)a child, including an adopted child, of the main applicant or of his spouse who at the time of application is less than eighteen years of age; (
  3. c)a child, including an adopted child, of the main applicant or of his spouse, who at the time of application is not yet born or not yet adopted by the main applicant or by his spouse, and is born or becomes so adopted after the appointed day; (
  4. d)a child, including an adopted child, of the main S.L. 188. 05. L.N. 121 of 2021. 2 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME applicant or of his spouse, who at the time of application is over eighteen years of age, not married, and who proves, to the satisfaction of the Minister that at the time of application he is not economically active and is principally dependant on the main applicant; Cap. 413. S.L.123.79. S.L. 123.129. S.L. 123.134. S.L. 123.160. S.L. 123.141. S.L. 123.126. S.L. 217.05 S.L. 217.05 (
  5. e)a parent or grandparent of the main applicant or of his spouse who proves to the satisfaction of the Minister that at the time of application he is not economically active and is principally dependant on the main applicant; or (
  6. f)an adult child of the main applicant or of the spouse of the main applicant who has been certified by a recognized medical professional/Authority as having a disability in terms of the Equal Opportunities (Persons with Disability) Act: Provided that in any case is not a beneficiary under the Residents Scheme Regulations, the High Net Worth Individuals – EU/EEA/Swiss Nationals Rules, the Malta Retirement Programme Rules, the Residence Programme Rules, the Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Persons Rules, and resides with the beneficiary in the qualifying property; "donation" means a financial contribution of two thousand euro (€2,000) that shall be paid to a local registered philanthropic, cultural, sport, scientific, animal welfare or artistic non-governmental organisation or society registered with the Commissioner for Voluntary Organisations, or as otherwise approved by the Malta Residence and Visa Agency, before issuance of a certificate under these regulations; "long-term resident" means: (
  7. a)a person who has long-term resident status in terms of the Status of Long-term Residents (Third Country Nationals) Regulations; (
  8. b)a person who applies for long-term resident status under the Status of Long-term Residents (Third Country Nationals) Regulations; "main applicant" means an individual who has filed an application in terms of regulation 5; " M a l t a R e s i d e n c e a n d Vi s a A g e n c y " m e a n s t h e a g e n c y e s t a b l i s h e d b y t h e M a l t a R e s i d e n c e a n d Vi s a A g e n c y (Establishment) Order; "Ministers" means the Minister responsible for Finance and the Minister responsible for the Economy, Investment and Small Business; "minor" is a person who has not yet attained the age of eighteen years; "non-refundable administrative fee" means the portion of the contribution paid up front at the time of subm ission of the application; MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 "not economically active" means a person who is not working and not seeking work or not available for work; "property" means any immovable property situated in Malta or Gozo and any right over such property; "public interest" includes the interests of public safety, the protection of public order, national security, territorial integrity, public health or morals; "qualifying investment" means an investment in a form determined from time to time by the Malta Residence and Visa Agency having an initial value of two hundred and fifty thousand euro (€250,000); "qualifying property" means a qualifying owned property or a qualifying rented property, as the case may be; "qualifying owned property" means an immovable property purchased at a consideration of not less than: (
  9. a)subject to the provisions of paragraph (b), three hundred twenty thousand euro (€320,000) for a property situated in Malta; or (
  10. b)two hundred and seventy thousand euro (€270,000) for a property situated in Gozo or in the south of Malta: Provided that an immovable property purchased before the date of coming into force of these regulations for a consideration which is less than the amounts indicated in paragraphs (
  11. a)or (
  12. b)above shall be considered to be "qualifying owned property" insofar as the value of such immovable property, as declared on the date of application by the main applicant, is not less than the amounts indicated in paragraphs (
  13. a)or (
  14. b)above as supported by a separate and independent architect valuation including architect’s plan which are delivered to Malta Residence and Visa Agency upon application: Provided further that, when so required by the Malta Residence and Visa Agency, an officer of the agency and, or any architect or surveyor so appointed by the agency, shall be given full and free access to the qualifying owned property in order to determine the value of the said property; "qualifying rented property" means a property taken on lease for a rent of not less than: (
  15. a)subject to paragraph (
  16. b)below, twelve thousand euro (€12,000) per annum for a property situated in Malta; or (
  17. b)ten thousand euro (€10,000) per annum for a property situated in Gozo or in the south of Malta; "south of Malta" means the areas within set boundaries as designated in the Second Schedule to the Local Government Act of the localities listed in the Schedule to these regulations; "third-country national" means any person who is not a citizen of the European Union within the meaning of Article 20 of the Treaty Cap. 363. 3 4 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME on the European Union and the Treaty on the Functioning of the European Union: Certificate. Substituted by: L.N.189 of 2017. Cap. 217. Rights conferred by Certificate. Substituted by: L.N.189 of 2017. Amended by: L.N. 122 of 2021. S.L. 217.04. Application. Substituted by: L.N.189 of 2017. Amended by: L.N. 122 of 2021; L.N. 56 of 2024. Provided that, for the purposes of these regulations, EEA nationals and Swiss nationals shall not be considered to be thirdcountry nationals. 3. For the purposes of these regulations a certificate issued under these regulations shall be deemed to constitute a permit issued in terms of Article 7 of the Immigration Act. 4. A certificate issued by the Malta Residence and Visa Agency in accordance with these regulations shall entitle the beneficiary of such a certificate and his registered dependants to reside, settle or stay indefinitely in Malta, provided that: (
  18. a)the Malta Residence and Visa Agency shall monitor the adherence by the beneficiary and his registered dependants of all the obligations and conditions set out in these regulations annually for the first five years from its issue, and thereafter whenever it is deemed opportune by the Malta Residence and Visa Agency in its sole discretion, and the certificate shall be considered to have been ipso iure withdrawn as soon as the beneficiary of such a certificate and, or his registered dependants infringe any obligations and conditions set out in these regulations; and48 (
  19. b)the said certificate shall not by itself entitle the holder thereof to any other rights mentioned in the Immigration Regulations. 5.
(1)An individual, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency for the issuance of a certificate under these regulations, in such form as Malta Residence and Visa Agency may require and by paying a non-refundable administrative fee of five thousand five hundred euro (€5,500).
(2)Where it is established that the individual mentioned in subregulation
(1)qualifies as a beneficiary, the Malta Residence and Visa Agency shall determine in writing that such individual is to be issued a certificate under these regulations.
(3)Upon such determination in writing in terms of subregulation
(2)and prior to the issuance of the certificate, the main applicant, as duly represented by a registered approved agent and, or registered accredited person, shall pay the contribution less the non-refundable administrative fee already paid upon presentation of the application, and present the necessary title to a qualifying property, and a certificate to a qualifying investment, and any other document as may be required from time to time by notice issued by Malta Residence and Visa Agency: Provided that where a certificate has not yet been issued in terms of these regulations, in lieu of providing the certificate to a qualifying investment and of maintaining the said qualifying investment as required by paragraph (d) of sub-regulation
(1)of MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 regulation 8, the main applicant may: (
  1. a)make an additional contribution to the Malta Residence and Visa Agency in the following sums: (
  2. i)sixty-eight thousand euro (€68,000) where the necessary title to a qualifying property is a qualifying rented property; (
  3. ii)thirty-eight thousand euro (€38,000) where the necessary title to a qualifying property is a qualifying owned property, in which case the main applicant shall, for the purposes of paragraph (
  4. c)of sub-regulation
(1)of regulation 8, continue to hold a qualifying owned property for a period of five
(5)years from the date of issuing of the certificate; and (b) make a donation within such time as the Malta Residence and Visa Agency may impose and provide evidence thereof to the Agency. (3A) Where an applicant does not elicit to make an additional contribution in lieu of providing the certificate to a qualifying investment as stated in the proviso to sub-regulation
(3), the applicant shall conclude the application for a certificate by the end of the year 2021: Provided that should the application for a certificate not be concluded by the end of the year 2021 as aforesaid, the applicant shall be allowed until the 31st March 2022 to conclude his application for a certificate upon payment of the additional contribution referred to in the proviso to sub-regulation
(3)in lieu of providing the certificate to a qualifying investment and subject to the making of a donation within such time as the Malta Residence and Visa Agency may impose. (3B) Where an applicant elicits to make an additional contribution in lieu of providing the certificate to a qualifying investment as stated in the proviso to sub-regulation
(3), the applicant shall conclude the application for a certificate by the end of the year 2021: Provided that in those cases where a Letter of Approval In Principle has not yet been issued on the date of entry into force of this sub-regulation, the applicant shall conclude the application within nine
(9)months from the date of issue of the Letter of Approval In Principle. (3C) The Malta Residence and Visa Agency shall pay additional contributions received in terms of sub-regulations
(3), (3A) and (3B) to the National Development and Social Fund after deducting the portion of the contribution payable to an approved agent and, or accredited person in accordance with regulation 12
(7)and any value 5 6 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME added tax payable thereon. (3D) No certificate shall be issued to the main applicant or any of his dependants even in the case that Malta Residence and Visa Agency has issued its approval in principle in terms of these regulations, unless the conditions above referred to are satisfied to the full satisfaction of Malta Residence and Visa Agency.
(4)Following the death of a beneficiary, in exceptional circumstances, the Malta Residence and Visa Agency shall be empowered to determine that the certificate issued to the said beneficiary shall instead be issued to an approved dependant of that deceased beneficiary in such form and subject to such conditions as the Malta Residence and Visa Agency may impose in its discretion at the relevant time. Such certificate shall be issued once the said dependant provides evidence to the satisfaction of the Malta Residence and Visa Agency that the conditions imposed by the Malta Residence and Visa Agency and all the requirements of these regulations are satisfied in such manner as the Malta Residence and Visa Agency may determine. Where a certificate is issued to a dependant of a deceased beneficiary as aforesaid, it shall not be possible to request the inclusion of any other person on the certificate.
(5)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency for the issuance of a certificate under these regulations, in such form as Malta Residence and Visa Agency may require, for any dependant as referred to in the definition in paragraph (c) regulation
(2)who is born or adopted after the appointed day, subject to a successful due diligence check.
(6)The beneficiary under these regulations, as duly represented by a registered approved agent or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), the spouse of the beneficiary’s or his spouse’s approved child being a child who would have been previously accepted as a dependant in the residence certificate, subject to a successful due diligence check.
(7)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), any dependant who, after the appointed day, is born to, or adopted by an approved child as defined in the precedent sub-regulation
(6)or his spouse, where such spouse is herself already a beneficiary under these regulations according to sub-regulation
(6), subject to a successful due diligence check: Provided that an approved dependant, being a child of the MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 main applicant or spouse, who gets married, his or her direct dependants will not derive residency rights under these regulations automatically. In this respect Malta Residence and Visa Agency will consider residency under these regulations, against a nonrefundable supplementary administration fee of five thousand euro (€5,000) per dependant and subject to a successful due diligence check.
(8)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), the spouse or minor/child of a dependant as defined in 4paragraph (f) of regulation 2 of the principal regulations and subject to a successful due diligence check.
(9)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), his spouse as a dependant in the residence certificate, subject to a successful due diligence check.
(10)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the main beneficiary certificate issued under these regulations, his or his spouse’s child, including an adopted child who, at the time of this application, is less than eighteen
(18)years of age, as a dependant in the residence certificate, subject to a successful due diligence check.
(11)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the main beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), his or his spouse’s child, including an adopted child, who at the time of the application is over eighteen
(18)years of age, not married, and who proves, to the satisfaction of the Minister that, at the time of application, the said child is not economically active and is principally dependant on the main applicant as a dependant in the residence certificate, subject to a successful due diligence check.
(12)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the main beneficiary certificate issued under these 7 8 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), his or his spouse’s parent or grandparent, who proves to the satisfaction of the Minister that, at the time of this application, the said parent or grandparent is not economically active and is principally dependant on the main applicant as a dependant in the residence certificate, subject to a successful due diligence check. Cap. 413. Qualifications and general requirements. Amended by: L.N.189 of 2017.
(13)The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the main beneficiary certificate issued under these regulations, as a dependant in the residence certificate, his or his spouse’s adult child who has been certified by a recognised medical professional/Authority as having a disability in terms of the Equal Opportunities (Persons with Disability) Act, subject to a successful due diligence check. 6.
(1)The qualifications and general requirements for a person to be issued a certificate under these regulations shall be that such person: (
  1. a)is at least eighteen years of age; (
  2. b)meets the application requirements; (
  3. c)commits himself to provide proof of title to a qualifying property in Malta in accordance with these regulations; (
  4. d)commits himself to invest in a qualifying investment; (
  5. e)commits himself to pay in full the contribution in terms of these regulations: Provided that beneficiaries of the Global Residence Programm e sh all be allo wed to app ly fo r the issuan ce of a certificate in terms of these regulations subject to satisfying all the additional eligibility requirements of these regulations.
(2)Applications shall be accompanied by the prescribed nonrefundable administrative fee and by the originals or certified copies of the following: (
  1. a)a police certificate in relation to the main applicant and any dependant who is older than fourteen years of age at the time of application, issued by the competent authorities in the country of origin and in the country or countries of residence where such a person would have resided for a period of more than six months during the last ten years, or in exceptional cases, where it is proved to the satisfaction of Malta Residence and Visa Agency that such a certificate is not obtainable, a sworn affidavit made by the main applicant, either on his own behalf or on behalf of each of his minor dependants who are over fourteen years of age, and any adult dependant, on his own behalf, declaring a clean criminal record; in certain circumstances Malta Residence and Visa Agency may accept that such certificates are submitted at a later date but in any case before the application is approved in MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 9 principle; (
  2. b)evidence, through a ‘know your customer’ basis, due diligence processes, carried out by the registered approved agent and, or registered accredited person that there is no a priori evidence that the main applicant and his dependants are not fit and proper persons; (
  3. c)an undertaking to purchase or lease an immovable property in Malta which property qualifies as a qualifying property in accordance with these regulations; (
  4. d)an undertaking, if necessary, to make such other investments in Malta in accordance with these regulations; (
  5. e)an undertaking to remit the total of the required contribution, less the non-refundable administrative fee already made at the time of submission of the application; (
  6. f)a certificate as requested from a reputable health system to the satisfaction of Malta Residence and Visa Agency, that the main applicant and his dependants are not suffering from any contagious disease and that they are otherwise in good health and will not be, in terms of the medical review carried out by Malta Residence and Visa Agency, of an unreasonable burden on the national health system; (
  7. g)any other document as may be required from time to time by notice issued by Malta Residence and Visa Agency.
(3)Application forms and other accompanying documents shall be compl et ed in English o r, if the ori ginal lang uage of t he document is not English, the document shall be accompanied by an authenticated translation.
(4)The applicant shall provide an affidavit of the support for each dependant who is over eighteen years old.
(5)The following conditions apply to minor dependants: (
  1. a)the forms shall be signed by both parents on behalf of the dependant; and (
  2. b)in the case where one parent has sole custody of a dependant, or another person has legal guardianship of a dependant, the appropriate legal documentation shall be provided to demonstrate the sole custody or guardianship was awarded by a court of law or other relevant authority.
(6)If an applicant makes a false statement or omits information requested, the application may be declined solely on that basis. 7. In addition to the qualifications and general requirements as set out in regulation 6, the minimum eligibility criteria for an application under these regulations, for the main applicant and any of his dependants, shall be as follows: Eligibility. Substituted by: L.N.189 of 2017. 10 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME (
  1. a)a proper background verification of the main applicant and his dependants over the age of fourteen years, as the case may be; (
  2. b)a police certificate in relation to the main applicant and any dependant who is older than fourteen years of age at the time of application, issued by the competent authorities in the country of origin and in the country or countries of residence where such a person would have resided for a period of more than six months during the last ten years, or in exceptional cases, where it is proved to the satisfaction of Malta Residence and Visa Agency that such a certificate is not obtainable, a sworn affidavit made by the main applicant, either on his own behalf or on behalf of each of his minor dependants who are over the age of 14, and any adult dependant, on his own behalf, declaring a clean criminal record; in certain circumstances Malta Residence and Visa Agency may accept that such certificates are submitted at a later date but in any case before the application is approved in principle; (
  3. c)the main applicant and, or any of his dependants are not individuals indicted before an International Criminal Court or who appeared at any time before an International Criminal Court, whether such persons have been found guilty or otherwise by such Court; (
  4. d)the main applicant and, or any of his dependants, are not persons listed with the International Criminal Police Organization (INTERPOL) at the time of application; (
  5. e)the main applicant and, or any of his dependants is not, or may not be a potential threat to national security, public policy or public health; (
  6. f)the main applicant and, or any of his dependants shall not be an individual who, at any time, had pending charges related to crimes of terrorism, money laundering, funding of terrorism, crimes against humanity, war crimes, or crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights, or who has been found guilty of any such crimes; (
  7. g)the main applicant and, or any of his dependants is not an individual who has been found guilty or has charges brought against him regarding any of the criminal offences that disturb the good order of the family, which criminal offences include, without limitation, the following: (
  8. i)paedophilia, (
  9. ii)defilement of minors, (iii) rape, (
  10. iv)violent indecent assault, MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 11 (
  11. v)inducing persons under age to prostitution, and (
  12. vi)abduction; (
  13. h)the main applicant and, or any of his dependants is not be an individual who at any time was found guilty, or, at the time of the application, is being interrogated and suspected, or has criminal charges brought against him for any criminal offence, other than an involuntary offence, punishable with more than two years’ imprisonment. The main applicant shall attach with his application a sworn declaration before a Commissioner for Oaths, lawyer or notary public that the said information that he has provided is true and correct; (
  14. i)where a document is required to be produced under these regulations in support of an application: (
  15. i)such document must be an original document or if not an original, it must be a certified copy; and (
  16. ii)the person certifying the document shall provide the full name, capacity in which the person is acting, residential or business address, telephone number and email address; (
  17. j)the application is not deemed to be against public interest. 8.
(1)For the purposes of these regulations, and without prejudice to any rights and duties emanating from the Immigration Regulations and unless any individual is already in possession of a residence docum ent or a r esidence permit issued under the Immigration Regulations, an individual shall be deemed to be a beneficiary of a certificate issued under these regulations only if he, as from the appointed day and throughout the entire duration and persistence of the certificate, proves to the satisfaction of Malta Residence and Visa Agency that: (
  1. a)he is a third country national and is not a Maltese, EEA or Swiss national; (
  2. b)he is not a person who benefits under the Residents Scheme Regulations, the High Net Worth Individuals EU / EEA / Swiss Nationals Rules, the Malta Retirement Programme Rules, the Residence Programme Rules, the Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Persons Rules; (
  3. c)he holds a qualifying property for a minimum five
(5)year period from the date of issuing of certificate; (d) he holds a qualifying investment for a minimum period of five
(5)years from the date of issuing of certificate; (
  1. e)without prejudice to any other provision of this regulation, he is in receipt of stable and regular resources which are sufficient to maintain himself and his dependants without recourse to the social Further conditions to be satisfied. Substituted by: L.N.189 of 2017. Amended by: L.N. 122 of 2021; L.N. 56 of 2024. S.L. 217.04 S.L. 123.79 S.L. 123.129 S.L. 123.134 S.L. 123.160 S.L. 123.141 S.L. 123.126 12 [ S.L.217.18 MALTA RESIDENCE AND VISA PROGRAMME assistance system of Malta; (
  2. f)he is, and his dependants are, in possession of a valid travel document; (
  3. g)he is in possession of sickness insurance in respect of all risks normally covered for Maltese nationals for himself and his dependants, as the Malta Residence and Visa Agency considers appropriate from time to time; S.L. 217.04 S.L. 123.79 S.L. 123.129 S.L. 123.134 S.L. 123.160 S.L. 123.141 S.L. 123.126 Cessation of certificate. Amended by: L.N.189 of 2017. (
  4. h)he provides an affidavit declaring that from the date of the application referred to in regulation 5, until the lapse of five
(5)years from the date of issuing the certificate, he has either an annual income of not less than hundred thousand euro (€100,000) arising outside Malta or has in his possession a capital of not less than five hundred thousand euro (€500,000).
(2)For the purposes of these regulations, and without prejudice to any rights and duties emanating from the Immigration Regulations and unless any individual is already in possession of a residence document or a residence permit issued under the Immigration Regulations, an individual shall be deemed to be an approved dependant as included on the certificate issued under these regulations only if he, as from the appointed day and throughout the entire duration and persistence of the certificate, proves to the satisfaction of Malta Residence and Visa Agency that: (
  1. a)he is a third country national and is not a Maltese, EEA or Swiss national; and (
  2. b)he is not a person who benefits under the Residents Scheme Regulations, the High Net Worth Individuals EU/EEA/Swiss Nationals Rules, the Malta Retirement Programme Rules, the Residence Programme Rules, the Qualifying Employment in Innovation and Creativity Rules or the Highly Qualified Rules.
(3)An approved dependant included on a certificate shall not be issued with a residence card unless he proves to the satisfaction of the Malta Residence and Visa Agency that he is in possession of sickness insurance in respect of all risks normally covered for Maltese nationals across the whole of the Schengen Area and States associated with the Schengen activities of the European Union. An approved dependant issued with a residence card shall at all times maintain such sickness insurance to the satisfaction of the Malta Residence and Visa Agency for the entire duration of the residence card, and in default the Malta Residence and Visa Agency shall remove the approved dependant from the certificate issued in accordance with these regulations. 9.
(1)A beneficiary shall, with effect from the date of issuing of certificate, cease to benefit from a certificate issued under these regulations: (
  1. a)if the individual becomes a Maltese, EEA or Swiss national; (
  2. b)if, at any time, after the appointed day, such individual does not satisfy the conditions set out in regulation 8; MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 13 (
  3. c)if, at any time after the appointed day, such individual no longer remains eligible in terms of regulation 7; (
  4. d)if the individual’s stay is not in the public interest; (
  5. e)if, at any time, after the appointed day, such individual does not fulfil any commitment contemplated in these regulations, including in particular a commitment referred to in regulation 6.
(2)(a) An individual who ceases to benefit from a certificate issued in terms of these regulations for any of the reasons specified in sub-regulation
(1)shall notify Malta Residence and Visa Agency of such event by not later than four weeks from the date when he becomes aware of such event. This notification shall be made on such form as may be required by Malta Residence and Visa Agency. (b) Where such notification is not made within the time specified, the person responsible for such event shall be charged an administrative penalty of fifteen thousand euro (€15,000).
(3)An individual shall, with immediate effect, cease to benefit from a certificate issued in terms of these regulations if he notifies Malta Residence and Visa Agency of his intention not to remain a beneficiary in terms of these regulations on such form as Malta Residence and Visa Agency may require.
(4)The Ministers shall jointly have the power to condone any failure to satisfy any one of the conditions in sub-regulation
(1)if: (
  1. a)such failure was due to unforeseen circumstances which are beyond the control of the individual; (
  2. b)such individual notifies the Ministers of such failure; and (
  3. c)such individual has exercised his best efforts to remedy the failure. 10.
(1)For the purpose of ascertaining an individual’s entitlement to rights acquired under these regulations and ensuring the proper application of these regulation, Malta Residence and Visa Agency may require that individual or the relevant registered approved agent and, or registered accredited person to produce, within the time indicated by Malta Residence and Visa Agency in that request, such information and documents as Malta Residence and Visa Agency may consider necessary, including certifications and declarations. Request for information. Substituted by: L.N.189 of 2017.
(2)Notwithstanding any other provision in any law, Malta Residence and Visa Agency may exchange information that is in its possession concerning an individual – (
  1. a)making an application in terms of regulation 5; (
  2. b)that is a beneficiary; or (
  3. c)that has long-term residence status in terms of the Status of Long-term Residents (Third Country Nationals) Regulations: L.S. 217.05. 14 [ S.L.217.18 L.S. 217.05. Malta Residence and Visa Agency’s discretion. Substituted by: L.N.189 of 2017. Amended by: L.N. 56 of 2024. MALTA RESIDENCE AND VISA PROGRAMME Provided that such information may be exchanged only for the purposes of these regulations and for the purposes of the longterm residence status in terms of the Status of Long-term Residents (Third Country Nationals) Regulations. 11.
(1)Any decision, determination or verification to be made the Malta Residence and Visa Agency under these regulations shall be made at that agency’s absolute discretion and any such decision, determination or verification shall be final and shall not be subject to an appeal.
(2)The Malta Residence and Visa Agency shall have the right to delegate any of their respective functions under these regulations, save for the Malta Residence and Visa Agency functions arising under regulation 3, to each other or to any other authority duly constituted under any other law capable of exercising such functions
(3)The Malta Residence and Visa Agency may, in its discretion, extend any time-limit established by these regulations upon a valid reason. Registered approved agent and, or registered accredited person. Amended by: L.N. 122 of 2021; L.N 384 of 2021.
(4)Certificates issued by the Malta Residence and Visa Agency in respect of applications which were concluded after the lapse of the time-limits established in sub-regulations (3A) and (3B) of regulation 5, shall be valid for all purposes of the law. 12.
(1)An individual shall authorise a person who is a registered approved agent and, or registered accredited person to act on his behalf in respect of all applications, correspondence, submissions, filings, declarations and notifications contemplated under these regulations. All such acts are to be filed by the said registered approved agent and, The Malta Residence and Visa Agency may, in its discretion, where it considers appropriate, communicate directly with the main applicant.
(2)The authorisation referred to in sub-regulation
(1)shall be made in such form as the Malta Residence and Visa Agency may require.
(3)A main applicant shall not authorise more than one approved agent and, or accredited person at any one time in relation to his application, but he may change his approved agent and, or accredited person at any time.
(4)The Malta Residence and Visa Agency shall be notified w i t h o u t d el a y o f a n y c h a n g e o f a n a p p r o v e d a g e n t a n d , o r accredited person in respect of any application, which notification shall be made by the main applicant through the new approved agent and, or accredited person who shall deliver to the Agency the notification in such form as the Agency may require. On receipt of such notification by the Agency, the previous approved agent and, or accredited person of the main applicant shall be deemed not to be authorised to represent the applicant in any further communication with the Agency.
(5)The Malta Residence and Visa Agency may, in its discretion, inform the previous approved agent and, or accredited person about the appointment of a new approved agent and, or MALTA RESIDENCE AND VISA PROGRAMME [ S.L.217.18 15 accredited person by the applicant.
(6)Any approved agent and, or accredited person who is no longer licensed in accordance with the Agents (Licences) Regulations or is otherwise unable to continue to perform his functions as an approved agent and, or accredited person under these regulations shall, without delay, inform applicants that in order that their application may continue to be processed by the Agency, it is mandatory for them to engage a new approved agent and, or accredited person. S.L. 188. 05.
(7)The Malta Residence and Visa Agency may, by notice issued from time to time, prescribe that a portion of the contribution paid by an applicant in terms of these regulations be paid to the approved agent and, or accredited person appointed by the applicant. The portion of the contribution to be paid to an approved agent and, or accredited person may vary depending on whether the applicant has elicited to make an additional contribution in lieu of providing a certificate to a qualifying investment in terms of the proviso to sub-regulation
(3)of regulation
  1. SCHEDULE (Regulation 2) Localities for the purposes of the definition of "south of Malta" Birzebbugia Cospicua Fgura Għaxaq Gudja Kalkara Luqa Marsa Marsascala Marsaxlokk Mqabba Paola Qrendi Safi Santa Luċija Senglea Siġġiewi Tarxien Vittoriosa Amended by: L.N.189 of
  2. 16 [ S.L.217.18 Xgħajra Żabbar Żejtun Żurrieq MALTA RESIDENCE AND VISA PROGRAMME

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AI explanation based on the official legal text. Indicative, not a substitute for legal advice.