L.S. 61.02 Regolamenti dwar il-Passaporti

(1)Passports may be issued to - (

1. a)citizens of Malta; or (
2. b)other Commonwealth citizens; or (
3. c)other persons who are not persons of Maltese nationality and are in Malta without a valid passport in terms of the provisions of regulation 2A; or (
4. d)persons who have been declared to be stateless by the pertinent Maltese authorities in accordance with the provisions of the 1954 United Nations Convention relating to the Status of Stateless Persons; or (
5. e)persons who have been granted protection by the International Protection Agency, and their family members who are so entitled, in accordance with the provisions of the International Protection Act and any regulations made thereunder, Title. To whom a passport may be issued. Amended by: L.N. 59 of 2001; L.N. 97 of 2009; L.N. 193 of 2023. Cap. 420. on application to the passport officer.

(2)requires: In these regulations, unless the context otherwise "Commonwealth citizen" shall have the same meaning as assigned to it in article 23 of the Constitution; "diplomatic passport" means a passport issued to a person following an authorisation by the Permanent Secretary responsible for Foreign Affairs, or any other officer authorised for the purpose by the Permanent Secretary to act on his behalf; "Identity Malta Agency" means the Agency established by the Identity Malta Agency (Establishment) Order; "Ordinance" means the Passports Ordinance; S.L. 595.

1. Cap.
2. 2 [ S.L.61.02 Cap.
3. PASSPORT "passport" means a travel document issued in accordance with the provisions of the specifications of Regulation (EC) No 444/2009 of the European Parliament and of the Council of 28 May 2009 amending Council Regulation (EC) No 2252/2004 on standards for security features and biometrics in passports and travel documents issued by Member States and includes a Travel Convention Document issued to persons granted refugee status in accordance with the provisions of the International Protection Act and subsidiary legislation thereof; "passport officer" means the Director of the Passport Office, who shall be a senior official of Identity Malta Agency appointed by the Chief Executive Officer of the said Agency, or any officer designated by the Director of the Passport Office to act on his behalf for the purposes of these regulations and of the Ordinance. Travel document for alien persons, etc. Added by: L.N. 97 of
4. Amended by: L.N. 159 of
5. Substituted by: L.N. 193 of
6. 2A.

(1)In the case of persons mentioned in regulation 2

(1)(c), (

1. d)and (e), a travel document or passport issued under these regulations shall: (
2. a)be of a different colour and have different wording which distinguish it from passports issued to persons mentioned in regulation 2

(1)(

1. a)and (b); (
2. b)be indicated as an "Alien Travel Document" or as an "Alien’s Passport", as the case may be; (
3. c)be valid for a period of three

(3)years from the date of issue: Provided that the passport officer may, on grounds of public policy, specify in any such travel document or passport a shorter period of validity.

(2)The provisions of regulation 9

(2)shall not apply with respect to "Alien Travel Document" or an "Alien’s Passport". Application forms. Amended by: L.N. 59 of 2001; L.N. 193 of 2023. 3.

(1)Every person of sixteen years of age or over applying for a passport shall complete in his or her own handwriting an application on a form known as Form A, obtainable from the Passport Office.

(2)In the case of a child under sixteen years of age, a separate passport is required. A form known as Form A, obtainable from the passport officer, shall be completed by both parents or by the tutor or curator of the child, in their own handwriting.

(3)Children under eighteen

(18)years of age shall not be granted passport facilities without the written consent of both their parents or, if both parents are dead, of their tutor or curator. If, while either of the parents is alive, any other person claims to be the tutor or curator of the child, he must produce to the passport officer a copy of the court order committing the child to his or her tutorship or custody: PASSPORT [ S.L.61.02 3 Provided that in the event that the written consent of either of the parents, if both parents are alive, cannot otherwise be obtained for any reason, the other parent shall file an application before the Civil Court (Family Section) requesting the Court to order, after considering the best interests of the child, that the passport of the minor is issued without the consent of the parent who has not consented. In its decree, the Court shall also indicate whether such decree shall be limited to that passport application, or if it also applies to other future passport applications concerning the same minor: Provided further that no court order is required in cases where the competent court has already authorised the dispensation of the consent of any of the parents..

(4)If a person who desires to complete an application form is unable to write, the person completing the declaration as recommender of the applicant may complete the application form in his or her handwriting on behalf of the applicant. 4.

(1)The recommender’s declaration in support of the application contained in the said forms is required in the case of (

1. a)an application by an adult person for the issue of a passport for the first time; (
2. b)an application for the issue of a minor’s passport where the recommender witnesses the signature of both parents or curators; (
3. c)Maltese citizens residing abroad; and (
4. d)the Director of the Passport Office encountering any difficulty in ascertaining an applicant’s identity.

(2)(

1. a)The recommender’s declaration must be completed and signed by a Maltese citizen who is a minister of religion, or a medical or legal practitioner, or an architect, or a civil servant at the discretion of the Director of the Passport Office, or a bank manager or any other person who, in the opinion of the Director of the Passport Office is of similar standing. (
2. b)The recommender must have been personally acquainted with the applicant for at least two years immediately preceding the signing of the declaration: Provided that in the case of a passport application by persons mentioned in regulation 2

(1)(c), (d), and (e), the recommender must have been personally acquainted with the applicant for at least six

(6)months immediately preceding the signing of the declaration.

(3)The passport officer may in accordance with public policy not require the recommender’s declaration where biometric data has been provided.

(4)If the person applying for a passport resides abroad or is, at the moment of the application, outside Malta, the declaration in support of such application may be completed and signed by any Commonwealth citizen or citizen of the European Unionwho is Declaration in support of application. Amended by: L.N. 141 of 2007; L.N. 111 of 2011; L.N. 193 of 2023. 4 [ S.L.61.02 PASSPORT qualified for this purpose as provided in this regulation.

(5)If there is no person available who is qualified to complete the recommender’s declaration as provided in this regulation, the passport officer may, in accordance with public policy, dispense with the completion and signing thereof. Application to be lodged with the passport officer. Amended by: L.N. 111 of 2011; L.N. 193 of 2023. 5.

(1)When an application form has been completed in every particular, it shall be lodged with the passport officer together with the photographs, biometric data and other documents required by the passport officer as stated in the relative application form. The photographs, biometric data and documents accompanying an application form shall become the property of the Government as soon as lodged with the Passport Office: Every person applying for a passport shall have his photograph and biometric data taken by an officer, or responsible person so authorised by the passport officer as approved by the Chief Executive Officer of Identity Malta Agency.

(2)When a name and, or surname is composed of more than one name and, or surname and all names and, or surnames are altogether of a greater length than is technically possible to be written down on the passport, the passport officer may limit such names and, or surnames as are to be written down on the passport, in such manner that there shall always be included the first names and, or surnames, as the case may be. Passports remain Government property and may be invalidated, etc. Re-numbered by: L.N. 111 of 2011. Substituted by: L.N. 193 of 2023. Cap. 12. Applicability of passports. Amended by: L.N. 111 of 2011; L.N. 193 of 2023. 6.

(1)Passports issued through the passport officer shall remain the property of the Government and may, for a valid justified reason, at any time after issue be invalidated, withdrawn or cancelled.

(2)Where the competent court has issued a warrant of prohibitory injunction in accordance with article 877 of the Code of Organization and Civil Procedure, the passport officer may request the assistance of the Executive Police to withdraw the passport already issued in respect of the minor, and any other passport which includes the name of the minor. 7.

(1)Passports shall be available only for travel to the countries named therein, but shall not exempt the holder thereof from compliance with any immigration law or regulation in force in any territory or from the necessity of obtaining a visa or permit where required so to do by laws of any territory.

(2)The possession of a passport or a travel document, which is issued by the passport officer, by a person who is not a citizen of Malta, does not automatically entitle the holder thereof to re-enter Malta. Period of validity and extension of passports. Amended by: L.N. 111 of 2011; L.N. 193 of 2023. 8.

(1)Passports issued by the passport officer to citizens of Malta, shall, subject to the provisions of regulation 6 (

1. i)be valid for a period of ten years from the date of issue for persons who are sixteen years of age PASSPORT [ S.L.61.02 5 and over; (
2. ii)be valid for a period of five years from the date of issue for minors who are ten years of age but who have not yet attained their sixteenth birthday; (iii) be valid for a period of two years from the date of issue for minors who have not attained their tenth birthday: Provided that the passport officer may, on grounds of public policy specify in any such passports a shorter period of validity.

(2)Where a passport has been issued for a period shorter than that specified in sub-regulation

(1), it may be extended for the remainder of the specified period.

(3)On the expiry of the validity periods as specified in subregulation

(1), or when there is no further space available in the passport for endorsements or visas for countries to which the holder intends to travel, or any other justified reason, an application shall be made for a new passport.

(4)When an application is made for a new passport and the old passport is produced to the passport officer, he may, at his discretion, and if the application form is otherwise satisfactorily completed, waive the requirements of biometric data, the production of documentary evidence and of the completion of the recommender’s declaration. 9.

(1)officer. Passports shall be issued or extended by the passport

(2)Passports may be issued, extended or delivered to citizens of Malta in a country outside Malta by diplomatic or consular representatives of the Government of Malta in that country or, in a country where there are no such representatives, by persons serving in the diplomatic, consular or other foreign service of any country whi c h, by a r ra nge men t wi th th e G ov e r nm e nt o f M a l ta , h a s undertaken to represent that government’s interest in that country or by some other person, in every case authorised in that behalf by the Minister and in accordance with directions, general or specific, given to that effect by the Minister. 10. Repealed by Legal Notice 193 of 2023. 11.

(1)Copies of the forms referred to in these regulations shall be issued free of charge by the passport officer to persons bona fide requiring the same.

(2)The passport officer may, from time to time, make such amendments of and additions to the said forms as he shall consider desirable or necessary. Issue and extension of passports. Re-numbered by: L.N. 111 of

1. Production of passports on arriving or leaving Malta. Re-numbered by: L.N. 111 of
2. Issue and amendment of forms. Re-numbered by: L.N. 111 of
3. 6 [ S.L.61.02 Completion of application forms. Re-numbered by: L.N. 111 of
4. Amended by: L.N. 193 of
5. PASSPORT
6. Applications required by these regulations must be made on the printed forms supplied by the passport officer for the purpose, and must, before delivery to the passport officer, be completed in every particular, and in accordance with every note, mark or direction in any part thereof, or in any marginal note appearing thereon: Provided that and without prejudice to these regulations, the passport officer may also, in the case of an application for the issuance of a diplomatic passport, receive the said application in an electronic format through an electronic portal created for this purpose, by means of a Form, known as Form A, which can be signed manually or electronically in terms of Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC: Provided further that the application for the issuance of a diplomatic passport submitted through the electronic portal created for this purpose, may also be completed electronically and without the necessity to be completed in the handwriting of any of the persons mentioned in regulation 3.