Malta Residence and Visa Programme Regulations, 2015

L.N. 288 of 2015

IMMIGRATION ACT

(CAP. 217)

Malta Residence and Visa Programme Regulations, 2015

IN exercise of the powers conferred by articles 7 and 8 of the

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

The title of these regulations is the Malta Residence and

Visa Programme Regulations, 2015.

(Regulation 2)

Localities for the purposes of the definition of "south of Malta"

Birzebbugia

Cospicua

Fgura

Għaxaq

Gudja

Kalkara

Luqa

Marsascala

Marsaxlokk

Mqabba

Paola

Qrendi

Safi

Santa Luċija

Senglea

Siġġiewi

Tarxien

Vittoriosa

Xgħajra

Żabbar

Żejtun

Żurrieq

€1.44

For the purposes of these regulations, unless the

context otherwise requires -

"Act" means the Immigration Act;

"application" means an application filed in terms of regulation

5;

"appointed day" means the date on which Identity Malta shall

determine in writing that an individual is issued a certificate under

these regulations;

"approved agent and, or accredited person" means a person who

is in possession of a warrant to practice as an advocate under the

Code of Organization and Civil Procedure, a person who holds a

warrant to practice as a legal procurator under the Code of

Organization and Civil Procedure, a person who has been appointed

notary public in accordance with the provisions of the Notarial

Profession and Notarial Archives Act, a person who holds a warrant

to practice the profession of accountant under the Accountancy

Profession Act, a person who is a member of the Malta Institute of

Taxation or a person who is a member of Malta Institute of

Accountants or a person who is a member of the Institute of

Management

Provided that a person that is not an individual, having at

least 75% (directly or indirectly) of its shareholders, partners or other

members, as the case may be, who are persons in possession of the

above-mentioned warrants or being a member of the above-

mentioned institutes, shall also be eligible to be an approved agent

and, or accredited person;

"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 licensed lawyer, or notary public, a Maltese

consular or diplomatic officer, Identity Malta or a senior officer of an

authority appointed by Identity Malta in terms of regulation 11(2);

"contribution" means a contribution of thirty thousand euro

(€30,000) paid in accordance with these regulations;

"dependant" in relation to another person means -

(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 authorises otherwise on a

case by case basis;

(b) a child, including an adopted child, of the main

applicant or of his spouse who is less than eighteen years of age;

(c)

a child of the main applicant or of his spouse who is

between the age of eighteen and twenty-six years and who is not

married and who proves, to the satisfaction of the Minister, that

he is not economically active and is principally dependant on

the said person;

(d) a parent or grandparent of the main applicant or of

his spouse who proves to the satisfaction of the Minister that he

is not economically active and is principally dependant on the

said person; or

(e)

a child of the main applicant or of the spouse of the

main applicant who is at least eighteen years of age, and who

has been certified by a recognized medical professional as

having a disability in terms of the Equal Opportunities (Persons Cap. 413.

with Disability) Act and who is living with, and is fully

supported by, the main applicant;

and in any case is not a beneficiary under the Residents Scheme S.L. 123.79

Regulations, the High Net Worth Individuals - EU / EEA / Swiss S.L. 123.129

Nationals Rules, the Malta Retirement Programme Rules, the S.L. 123.134

Residence Programme Rules, the Qualifying Employment in S.L. 123.160

Innovation and Creativity Rules or the Highly Qualified Persons S.L. 123.126

Rules, and resides with the beneficiary in the qualifying property;

"EEA" means the members of the European Union, Iceland,

Norway and Liechtenstein;

"Identity Malta" means the agency established by the Identity

Malta Agency (Establishment) Order;

"long-term resident" means

(a)

a person who has long-term resident status in terms

of the Status of Long-term Residents (Third Country Nationals)

Regulations;

(b) a person who applies for long-term resident status

under the Status of Long-term Residents (Third Country

Nationals) Regulations;

"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 submission of the

application;

"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 Identity Malta 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

(a)

subject to the provisions of paragraph (b), three

hundred twenty thousand euro (€320,000) for a property

situated in Malta; or

(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 (a) or (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 applicant, is not less than the amounts indicated in

paragraphs (a) or (b) above as supported by a separate and

independent architect valuation including architect’s plan which are

delivered to Identity Malta upon application

Provided further that Identity Malta, or any officer

authorised by it in writing, architect or surveyor shall have full and

free access to the qualifying owned property to the extent that such

access is likely to assist him in determining the value of the said

property;

"qualifying rented property" means a property taken on lease for

a rent of not less than

(a)

subject to paragraph (b) below, twelve thousand

euro (€12,000) per annum for a property situated in Malta; or

(b) ten thousand euro (€10,000) per annum for a

property situated in Gozo or in the south of Malta;

"registered approved agent and, or registered accredited person"

means a person or entity who has satisfied the criteria set by Identity

Malta and which in any case is already registered as an authorised

registered mandatory with the Inland Revenue Department or is

already registered as an approved agent and, or registered as an

accredited person with Identity Malta under any other scheme or

regulation;

"south of Malta" means the areas within set boundaries as

designated in the Second Schedule to the Local Councils Act of the Cap. 363.

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

on the European Union and the Treaty on the Functioning of the

European Union

Provided that, for the purposes of these regulations, EEA

nationals and Swiss nationals shall not be considered to be third-

country nationals.

For the purposes of these regulations and under the powers

conferred upon it by the delegation issued by the Minister responsible

for immigration in terms of article 26 of the Immigration Act, Identity

Malta may issue a certificate which shall be deemed to constitute a

permit issued in terms of article 7 of the Immigration Act, to

individuals who satisfy the conditions established under these

regulations.

A certificate issued by Identity Malta 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

(a)

the certificate shall be monitored annually for the

first five years from its issue, and every five years thereafter,

and it shall be considered to have been ipso iure withdrawn as

soon as the beneficiary thereof infringes any of the provisions of

these regulations; and

(b) the said certificate shall not by itself entitle the

holder thereof to any other rights mentioned in the Immigration

Regulations.

(1) An individual, as duly represented by a registered

approved agent and, or registered accredited person may apply to

Identity Malta for the issuance of a certificate under these regulations,

in such form as Identity Malta 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

sub-regulation (1) qualifies as a beneficiary, Identity Malta 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 sub-

regulation (2) and prior to the issuance of the certificate, the

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 Identity

Malta

Provided that no certificate shall be issued to the applicant

even in the case that Identity Malta has issued its approval in

principle in terms of these regulations, unless the conditions above

referred to are satisfied to the full satisfaction of Identity Malta.

(4) Following the death of a beneficiary, in exceptional

circumstances, Identity Malta shall be empowered to determine that

the certificate issued in terms of sub-regulation (3) shall be issued to a

dependant of that deceased beneficiary. Such certificate shall be

issued once the said dependant provides proof to Identity Malta that

all the requirements of these regulations are satisfied in such manner

as Identity Malta may determine.

(1) The qualifications and general requirements for a Qualifications

person to be issued a certificate under these regulations shall be that and

requirements.

such person

(a)

is at least eighteen years of age;

(b)

meets the application requirements;

(c)

commits himself to provide proof of title to a

qualifying property in Malta in accordance with these

regulations;

(d) commits

himself

to

invest

in

a

qualifying

investment;

(e)

commits himself to pay in full the contribution in

terms of these regulations

Provided that beneficiaries of the Global Residence

Programme shall be allowed to apply for the issuance 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 non-

refundable administrative fee and by the originals or certified copies

of the following

(a)

a police certificate issued by the Malta police as well

as a police certificate issued by the competent authorities in the

country of origin and in the country or countries of residence

where the applicant has 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 Identity Malta that such a

certificate is not obtainable, a sworn affidavit made by the

applicant and any dependants, declaring a clean criminal record;

in certain circumstances Identity Malta may accept that such

certificates are submitted at a later date but in any case before

the application is approved in principle;

(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;

(c)

an undertaking to purchase or lease an immovable

property in Malta which property qualifies as a qualifying

property in accordance with these regulations;

(d) an undertaking, if necessary, to make such other

investments in Malta in accordance with these regulations;

(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;

(f)

a certificate as requested from a reputable health

system to the satisfaction of Identity Malta, 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

Identity Malta, of an unreasonable burden on the national health

system; and

(g) any other document as may be required from time to

time by notice issued by Identity Malta.

(3) Application forms and other accompanying documents

shall be completed in English or, if the original language of the

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

(a)

the forms shall be signed by both parents on behalf

of the dependant; and

(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.

In addition to the qualifications and general requirements Eligibility.

as set out in regulation 6, the minimum eligibility criteria for an

application under these regulations, for the applicant and any of his

dependants, shall be as follows

(a)

a proper background verification of the applicant

and his dependants over the age of twelve years, as the case may

be;

(b) a police certificate issued by the Malta police as well

as a police certificate issued by the competent authorities in the

country of origin and in the country or countries of residence

where the applicant has 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 Identity Malta that such a

certificate is not obtainable, a sworn affidavit made by the

applicant and any dependants, declaring a clean criminal record;

(c)

the 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;

(d) the applicant and, or any of his dependants, are not

persons listed with the International Criminal Police

Organization (INTERPOL) at the time of application;

(e)

the applicant and, or any of his dependants is not, or

may not be a potential threat to national security, public policy

or public health;

(f)

the 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;

(g) the 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

(i)

paedophilia,

(ii) defilement of minors,

(iii) rape,

(iv) violent indecent assault,

(v)

inducing persons under age to prostitution,

and

(vi) abduction;

(h) the 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 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;

(i)

where a document is required to be produced under

these regulations in support of an application

(i) such document must be an original document

or if not an original, it must be a certified copy; and

(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.

(j)

the application is not deemed to be against public

interest.

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 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 Identity

Malta that

(a)

he is a third country national and is not a Maltese,

EEA or Swiss national;

(b) he is not a person who benefits under the Residents S.L. 123.79

Scheme Regulations, the High Net Worth Individuals - EU / S.L. 123.129

EEA / Swiss Nationals Rules, the Malta Retirement Programme S.L. 123.134

Rules, the Residence Programme Rules, the Qualifying S.L. 123.160

Employment in Innovation and Creativity Rules or the Highly S.L. 123.126

Qualified Persons Rules;

(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;

(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 assistance system of Malta;

(f)

he is, and his dependants are, in possession of a

valid travel document;

(g) he is in possession of sickness insurance in respect

of all risks across the whole of the European Union normally

covered for Maltese nationals for himself and his dependants;

(h) he provides an affidavit declaring that from the date

of the application referred to in regulation 5 onwards 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).

(1) A beneficiary shall, with effect from the date of Cessation of

issuing of certificate, cease to benefit from a certificate issued under certificate.

these regulations

(a)

if the individual becomes a Maltese, EEA or Swiss

national;

(b) if, at any time, after the appointed day, such

individual becomes a long-term resident;

(c)

if, at any time, after the appointed day, such

individual does not satisfy the conditions set out in regulation 8;

(d)

if, at any time after the appointed day, such

individual no longer remains eligible in terms of regulation 7;

(e)

if the individual’s stay is not in the public interest;

(f)

if, at any time after the appointed day such

individual stays legally and continuously in Malta for a period

of four years or more; or

(g) 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 Identity Malta 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 Identity Malta.

(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

Identity Malta of his intention not to remain a beneficiary in terms of

these regulations on such form as Identity Malta 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

(a)

such failure was due to unforeseen circumstances

which are beyond the control of the individual;

(b) such individual notifies the Ministers of such

failure; and

(c)

such individual has exercised his best efforts to

remedy the failure.

(1) For

the

purpose

of

ascertaining

an

individual’s entitlement to rights acquired under these regulations and

ensuring the proper application of these regulation, Identity Malta

may require that individual or the relevant registered approved agent

and, or registered accredited person to produce, within the time

indicated by Identity Malta in that request, such information and

documents as Identity Malta may consider necessary, including

certifications and declarations.

(2) Notwithstanding any other provision in any law, Identity

Malta may exchange information that is in its possession concerning

an individual -

(a)

making an application in terms of regulation 5;

(b)

that is a beneficiary; or

(c)

that has long-term residence status in terms of the

Status of Long-term Residents (Third Country Nationals) S.L. 217.05

Regulations.

Such information may be exchanged for the purposes of

these regulations and for the purposes of the long-term residence

status in terms of the Status of Long-term Residents (Third Country S.L. 217.05

Nationals) Regulations.

(1) Any decision, determination or verification to be Identity Malta’s

made by Identity Malta under these regulations shall be made at discretion.

Identity Malta’s absolute discretion and any such decision,

determination or verification shall be final and shall not be subject to

an appeal.

(2) Identity Malta shall have the right to delegate any of its

functions under these regulations, save for those arising under

regulation 3, to any other authority duly constituted under any other

law capable of exercising such functions.

(1) An individual shall authorise a person who is a Registered

registered approved agent and, or registered accredited person to act approved

and, or

on his behalf in respect of all applications, correspondence, registered

accredited

submissions, filings, declarations and notifications contemplated person.

under these regulations. All such acts are to be filed by the said

registered approved agent and, or registered accredited person.

(2) The authorisation referred to in sub-regulation (1) shall be

made in such form as Identity Malta may require.

(3) Unless Identity Malta specifically authorizes otherwise in

writing, a person may not authorise more than one approved agent

and, or accredited person.

(4) Registration as a registered approved agent and, or

registered accredited person with Identity Malta shall be made by

filling in and delivering to Identity Malta such form as the Identity

Malta may require.

(5) Registration as a registered approved agent and, or

registered accredited person in terms of these regulations shall be

subject to such terms and conditions as Identity Malta may from time

to time determine.

(6) Acceptance of registration in terms of these regulations

shall be notified by Identity Malta to the person requesting such

registration.

(7) When a person who has been registered with Identity

Malta desires to cancel such registration, he shall make a request in

such form as Identity Malta may require.

(8) Where a registered approved agent and, or registered

accredited person repeatedly fails to carry out a function required

under these regulations, Identity Malta shall have the right to

terminate his appointment as an approved agent and, or registered

accredited person.

(9) Identity Malta 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

Provided that any such portion shall at no time exceed ten

percent of the contribution payable in terms of these regulations.