Malta Permanent Residence Programme Regulations, 2021

L.N. 121 of 2021

IMMIGRATION ACT

(CAP. 217)

Malta Permanent Residence Programme Regulations, 2021

IN EXERCISE of the powers conferred by articles 7A and 36 of

the Immigration Act, the Minister responsible for immigration has

made the following regulations:-

(1) The title of these regulations is the Malta Permanent Citation and

commencement.

Residence Programme Regulations, 2021.

(2) These regulations shall come into force on such date as the

Minister may by notice in the Gazette appoint, and different dates may

be specified for the entry into force of different provisions of these

regulations.

(regulations 9 and 11)

Administrative fees and contributions Schedule

The following shall be the non-refundable administration fee

requirement to qualify for residency under these regulations

(i)

for the purposes of regulation 9

-

a non-refundable administration fee of forty thousand euro

(€40,000), ten thousand euro (€10,000) of which need to be paid

within one (1) month from the submission of the application, with the

remaining thirty thousand euro (€30,000) payable within two (2)

months from the issuance of the Letter of Approval in Principle;

(ii) The following shall be the contribution requirement to

qualify for residency under these regulations

For the purposes of regulation 9

-

a contribution of twenty-eight thousand euro (€28,000),

and where applicable an additional, seven thousand five hundred euro

(€7,500) for every parent or grandparent of the main applicant or of the

spouse, where the necessary title to a qualifying property is a

qualifying owned property payable within eight (8) months from the

issuance of the Letter of Approval in Principle;

-

a contribution of fifty-eight thousand euro (€58,000), and

where applicable an additional, seven thousand five hundred euro

(€7,500) for every parent or grandparent of the main applicant or of the

spouse, where the necessary title to a qualifying property is a

qualifying rented property payable within eight (8) months from the

issuance of the Letter of Approval in Principle;

For the purposes of regulation 11(2), (3), (4) and (5)

-

seven thousand five hundred euro (€7,500) for the spouse

of the main applicant;

-

seven thousand five hundred euro (€7,500) per parent or

grandparent of the main applicant or of the spouse;

-

seven thousand five hundred euro (€7,500) for the spouse

of a dependant;

-

five thousand euro (€5,000) for each and every other person

who may be included on a certificate

Provided that each and every dependant as is referred to in

paragraphs (b) and (e) of the definition "dependant" in regulation 3

shall not be subject to the payment of any contribution.

The scope of these regulations is to prescribe, in Scope.

accordance with article 7A of the Immigration Act, the requirements Cap. 217.

and administration of the grant of permanent residency rights on the

basis of investment and to regulate matters ancillary thereto.

(regulation 3)

The localities for the purposes of the definition of "south of

Malta" are the following

Birżebbuġa

Bormla (Città Cospicua)

Il-Fgura

Ħal Għaxaq

Il-Gudja

Il-Kalkara

Ħal Luqa

Il-Marsa

Marsaskala

Marsaxlokk

L-Imqabba

Paola

Il-Qrendi

Ħal Safi

Santa Luċija

L-Isla (Città Invicta)

Is-Siġġiewi (Città Ferdinand)

Ħal Tarxien

Il-Birgu (Città Vittoriosa)

Ix-Xgħajra

Ħaż-Żabbar (Città Hompesch)

Iż-Żejtun (Città Beland)

Iż-Żurrieq

€2.70

In these regulations, unless the context otherwise requires

Interpretation.

"Act" means the Immigration Act;

"Agency" means the Residency Malta Agency established by the S.L. 595.26.

Malta Residency Visa Agency (Establishment) Order;

"agent" means an agent duly licensed under the Agents S.L. 188. 05.

(Licences) Regulations;

"application" means, as the case may be, an application for the

issuance of a certificate or for inclusion on a certificate issued in terms

of these regulations;

"appointed day" means the date on which the Agency issues a

certificate to a beneficiary in terms of these regulations;

"Approvals Board" means the Approvals Board established by S.L. 595.26.

the Malta Residency Visa Agency (Establishment) Order;

"authenticated translation" means a translation made by a

recognised translator in such format as determined by the Agency from

time to time;

"beneficiary" means a third-country national who has been issued

a certificate in terms of these regulations;

"certificate" means a Residence-by-Investment Certificate issued

by the Agency in accordance with regulation 10;

"certified copy" means a photocopy of an original document

certified by a duly warranted lawyer or notary public, commissioner

for oaths, a Maltese consular or diplomatic officer or an officer of the

Agency;

"Commissioner" means the Information and Data Protection

Commissioner as defined by the Data Protection Act;

"conduct certificate" means a certificate of conduct, report,

clearance certificate, or statement from a national law enforcement

authority or other public authority;

"contribution" means the investment requirement in the Maltese

economy by payment to the Agency of the sums indicated in the First

Schedule in relation to an application in terms of regulation 9 or in

relation to an application for inclusion of a dependant on a certificate

in terms of regulation 11, where applicable;

"dependant" means the family members of a main applicant

submitting an application in terms of these regulations and shall

include

(a) the spouse of the main applicant in a monogamous

marriage or in another relationship having the same or a similar

status to marriage, including a civil union, domestic partnership,

common law marriage, provided that for the purpose of these

regulations, the term "spouse" shall be gender neutral, and

saving the Minister’s discretion to authorise, on a case by case

basis, other relationships having a similar status as aforesaid;

(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 (18) years of age;

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

applicant or of his spouse, who at the time of application is over

eighteen (18) years of age, is not married, and who proves, to the

satisfaction of the Agency that at the time of application he is

principally dependent on the main applicant;

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

spouse who proves to the satisfaction of the Agency that at the

time of application he is principally dependant on the main

applicant; or

(e) an adult child of the main applicant or of the spouse

of the main applicant who has been certified by a recognised

medical professional or authority as having a disability in terms

of the Equal Opportunities (Persons with Disability) Act

Provided that in all cases referred to in paragraphs (a) to (e)

above, he is not a beneficiary under the Residents Scheme S.L.

S.L. 123. 126.

Regulations, the Highly Qualified Persons Rules, the High Net Worth S.L. 123. 130.

Individuals - Non-EU/EEA/Swiss Nationals Rules, the Malta S.L. 123. 134.

Retirement Programme Rules, the Qualifying Employment in S.L. 123. 141.

Innovation and Creativity (Personal Tax) Rules or the Residence S.L. 123. 160.

Programme Rules;

"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 Agency,

before issuance of a certificate under these regulations;

"due diligence data" means any personal data pertaining to the

applicant collected and processed by the Agency as part of the due

diligence process, excluding the personal data collected by the Agency

directly from the applicant;

"General Data Protection Regulation" means Regulation (EU)

2016/679 of the European Parliament and of the Council of 27 April

2016 on the protection of natural persons with regard to the processing

of personal data and on the free movement of such data, and repealing

Directive 95/46/EC (General Data Protection Regulation);

"Letter of Approval in Principle" means the letter issued by the

Agency upon approval in principle of the residence-by-investment

application by the main applicant as provided for in sub-regulation (3)

of regulation 9;

"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) S.L. 217. 05.

Regulations; or

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

under the Status of Long-term Residents (Third Country S.L. 217. 05.

Nationals) Regulations;

"main applicant" means an individual who has filed an

application in terms of regulation 9;

"Minister" means the Minister responsible for immigration;

"minor" is a person who has not yet attained the age of eighteen

(18) years;

"non-refundable administration fee" means the administrative

fees which are payable in part at the time of submission of the

application and the remaining balance which is payable after the

issuance of the Letter of Approval in Principle, and which is not

refundable;

"property" means any immovable property situated in Malta or

Gozo and any right over such property;

"Programme" means the Malta Permanent Residence Programme

set up by virtue of these regulations;

"public interest" includes the interests of public safety, the

protection of public order, national security, territorial integrity, public

health or morals;

"qualifying owned property" means an immovable residential

property purchased or acquired by title of emphyteusis at a

consideration of not less than

(a) subject to the provisions of paragraph (b), three

hundred and fifty thousand euro (€350,000) for a property

situated in Malta; or

(b) three hundred thousand euro (€300,000) for a

property situated in the South of Malta or Gozo

Provided that an immovable property purchased before the

date of application for a consideration which is less than the amounts

indicated in paragraphs (a) or (b), and on which works have been

carried out at the expense of the main applicant after the purchase,

shall be considered to be a "qualifying owned property" insofar as the

value of such immovable property is not less than the amounts

indicated in paragraphs (a) or (b) as supported by an independent

architect’s detailed valuation report including a plan of the property

and a description of works undertaken

Provided further that the Agency may, in its discretion,

appoint an architect to determine the value of the qualifying owned

property. In such case, officers of the Agency and, or any architect

appointed by the Agency for this purpose shall be granted full and free

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

is likely to assist in determining the value of the said property

Provided further that where an immovable property is

purchased for a consideration which is less than the amounts indicated

in paragraphs (a) or (b), it shall, in all cases, be within the power of the

Agency to decide whether or not the requirements of paragraphs (a) or

(b) are satisfied;

"qualifying property" means a qualifying owned property or a

qualifying rented property, as the case may be, which meets the

general health and safety standards in force in Malta from time to time,

and is normal for a comparable family in Malta, as the Agency

considers appropriate for residence in its discretion;

"qualifying rented property" means a residential 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;

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

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

localities listed in the Second Schedule;

"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.

(1) An individual making any application in terms of Applications to

be submitted by

these regulations shall make use of the services of an agent.

Agent.

(2) The main applicant shall, in such form as the Agency may

require, authorise an agent to act for and on his behalf in respect of all

applications, correspondence, submissions, filings, declarations,

notifications and matters attendant thereto pursuant to these

regulations and to perform all such other acts and deeds as may be

required in accordance therewith

Provided that the Agency may, in its discretion, where it

considers appropriate, communicate directly with the main applicant.

(3) The agent shall notify the Agency of each and every

authorisation received from any given main applicant in such form as

the Agency may require.

(4) A main applicant shall not authorise more than one agent at

any one time in relation to his application, but he may change his agent

at any time.

(5) The Agency shall be notified without delay of any change

of an agent in respect of any application, which notification shall be

made by the main applicant through the new agent 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 agent of

the main applicant shall be deemed not to be authorised to represent

the applicant in any further communication with the Agency. The

Agency may, in its discretion, inform the previous agent about the

appointment of a new agent by the applicant.

(6) Any agent who is no longer licensed in accordance with the

Agents (Licences) Regulations or is otherwise unable to continue to

perform his functions as an agent 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 agent.

Agents who wish to render services to applicants in relation

to the Programme shall notify the Agency by submitting the

appropriate form together with written confirmation, as the Agency

considers appropriate, that they are duly licensed in accordance with

the Agents (Licences) Regulations.

(1) The Agency shall establish a register of all agents of

the Programme who have complied with the requirements set out in

regulation 5. The register shall be publicly accessible and regularly

updated for consultation on the Agency’s website and such register

shall indicate the names, contact details and other relevant particulars

of the agents.

(2) Agents shall only render services to applicants in relation to

the Programme if their name is indicated on the register of agents.

(3) Any agent who shall no longer be in possession of a license

in accordance with the Agents (Licences) Regulations shall be

removed from the register.

(4) An agent shall also be removed from the register in the

circumstances referred to in sub-regulation (1) of regulation 8 or if an

agent informs the Agency that he no longer wishes to render services

to applicants in relation to the Programme.

(1)

An agent shall

Functions of

Agents.

(a) advise and guide the applicant as to his

responsibilities and obligations to ensure compliance with the

applicable provisions of the Act, these regulations and any

guidelines issued by the Agency;

(b) advise and guide the applicant on all matters relating

to the application, and submit to the Agency all documentation

and information in relation thereto as prescribed by these

Regulations or as required by the Agency within the time set out

in these Regulations, or as indicated by the Agency, as

applicable;

(c) disclose to the Agency any information or

explanations that the Agency may reasonably require, within the

time indicated by the Agency in the request;

(d) act as liaison between the applicant and the Agency

on all matters relating to the application; and

(e) notify the Agency of any changes to his licence in

terms of the Agents (Licences) Regulations or if his appointment S.L. 188. 05.

is terminated by the main applicant, giving details of any facts or

circumstances relevant thereto.

(2)

In discharging his obligations, an agent shall at all times

(a) deal with the Agency in an open, transparent and co-

operative manner;

(b) deal promptly with all enquiries raised by the

Agency; and

(c) disclose to the Agency in a timely manner any

material information relating to the agent or the applicant, of

which he has knowledge, which may affect compliance with or

constitute a breach of any of the provisions of these regulations.

(3)

Agents shall at all times

(a)

abide fully by the conditions of their licence;

(b) abide fully by any code of conduct or ethics,

regulations, notices, policies or guidelines made or adopted from

time to time by the Agency relating to the operation,

implementation, marketing, promotion and advertising of the

Programme and, or otherwise made applicable specifically to

agents, including any best practices generally recognised in the

industry or established as such by such local or international

professional associations or organisations as have been approved

by the Agency;

(c) ensure that their staff are aware of the regulations and

procedures relevant to the Programme which must be followed

for the proper marketing and promotion of the said Programme

and for the proper discharge of their responsibilities;

(d) employ personnel with the skills, knowledge and

expertise necessary for the discharge of their responsibilities and

obligations under and in respect of the Programme and to train

them appropriately from time to time;

(e) keep the affairs of clients confidential except where

disclosure of information is required by law or in terms of

guidance issued by the Agency or otherwise authorised by the

person to whom the duty of confidentiality is owed;

(f) establish, implement and maintain systems and

procedures that are adequate to safeguard the security, integrity

and confidentiality of all data and information, including

documentation, provided to them, taking into account the nature

of the information in question; and

(g) avoid any conflict of interest with their clients and

always act in their clients’ lawful interests.

(4) Without prejudice to any of the other provisions of these

regulations, if, at any stage after the issuance of a certificate in terms

of these regulations, an agent becomes aware, of any material breach

of these regulations or fraud on the part of any applicant or of any

false, misleading or materially inaccurate information provided to the

Agency, or of any material information that was not provided to the

Agency, by any applicant or on his behalf, but in all cases with

reference to the information that was provided or should have been

provided, the agent shall be duty bound to immediately inform the

Agency thereof.

(1) Where the Agency considers that an agent, or any

person acting on behalf of an agent, has contravened or defaulted upon

any of the provisions of these regulations or has failed to satisfy or

comply with any obligation, requirement or condition to which he may

be subject, or has reasonable and sufficient grounds to consider at any

time that he is no longer a fit and proper person, it may suspend or

remove an agent from the register referred to in regulation 6 after

giving the agent a reasonable time, which shall not in any case be less

than ten days, to make submissions in writing.

(2) Without prejudice to the provisions of sub-regulation (1),

should the Agency have reasonable and sufficient grounds to consider

at any time that a person acting on behalf of an agent is no longer a fit

and proper person, the Agency shall be empowered to demand the

substitution of the said person within a time fixed by the Agency.

(1) An individual who has attained the age of eighteen Application for

(18) years, as duly represented by an agent, may apply to the Agency Residence-by-

Investment

for the issuance of a certificate under these regulations, in such form as Certificate.

the Agency may require. Upon submission of the application, and in

accordance with any guidelines which may be issued by the Agency

from time to time, the applicant shall pay to the Agency the non-

refundable administration fee of ten thousand euro (€10,000)

representing part of the administrative fee payable to the Agency in

accordance with the First Schedule. The Agency may immediately

refuse the application if payment of the said non-refundable fee is not

received.

(2) Upon submission of the application, the main applicant, as

duly represented by an agent, shall present evidence of possession of

assets, to the satisfaction of the Agency, having a value of not less than

five hundred thousand euro (€500,000), out of which a minimum of

one hundred and fifty thousand euro (€150,000) shall be in the form of

financial assets, as the Agency considers appropriate in its sole

discretion.

(3) Where it is established that the main applicant qualifies as a

beneficiary, the Agency shall determine in writing that such individual

is approved in principle to be issued a certificate under these

regulations, and the Agency shall issue a Letter of Approval in

Principle to the applicant to this effect.

(4) Within two (2) months from the date of issue of the Letter

of Approval in Principle the main applicant, as duly represented by an

agent, shall pay to the Agency the balance of the non-refundable

administration fee indicated in First Schedule, and within eight (8)

months from the date of issue of the Letter of Approval in Principle the

main applicant, as duly represented by an agent, shall

(a) pay to the Agency the contribution indicated in the

First Schedule;

(b)

present the necessary title to a qualifying property;

(c)

make a donation and provide evidence thereof to the

Agency;

(d) present a sickness insurance policy in respect of all

risks normally covered for Maltese nationals; and

(e) present any other document required in accordance

with these regulations

Provided that if the main applicant is in default, the Agency

may take all those measures or actions which it deems necessary in its

sole discretion, including the rejection of the application and, or the

revocation of the Letter of Approval in Principle issued in terms of

sub-regulation (3)

Provided further that the Agency may, in its sole discretion,

extend the above-mentioned time-limit upon good cause being shown.

(5) No certificate shall be issued in terms of these regulations,

even in the case that the Agency has issued the Letter of Approval in

Principle, unless all applicable requirements and conditions in terms of

these regulations are satisfied to the full satisfaction of the Agency.

(1) A certificate issued by the Agency in accordance with

these regulations shall entitle the beneficiary of such a certificate and

the dependants included on the certificate, to reside, settle or stay

indefinitely in Malta, provided that

(a) the beneficiary of such a certificate and his approved

dependants adhere to all the obligations and conditions set out in

these regulations; and

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

holder thereof to any other rights mentioned in the Immigration

Regulations.

(2) The beneficiary of such a certificate and, or his approved

dependants shall cease to benefit from the certificate and all benefits

conferred by the certificate in the circumstances referred to in

regulation 17.

(3) The Agency shall monitor adherence by the beneficiary and

his approved dependants to all the obligations and conditions set out in

these Regulations annually for the first five years from its issue, and

thereafter whenever the Agency deems it opportune in its sole

discretion.

(4) For the purposes of these regulations, a certificate issued

under these regulations shall be deemed to constitute a permit issued in

terms of article 7A of the Act.

(1) When applying for a certificate in accordance with Dependants.

regulation 9, the main applicant, as duly represented by an agent, may

apply to the Agency, in such form as the Agency may require, to have

included on the certificate issued under these Regulations, any person

falling within the scope of the definition "dependant" in regulation 3,

subject to a successful due diligence check in respect of each

dependant

Provided that where the dependant is the parent or

grandparent of the main applicant or of his spouse, there shall be paid

to the Agency an additional contribution as indicated in the First

Schedule.

(2) The beneficiary of a certificate issued under these

regulations as duly represented by an agent may apply to the Agency,

in such form as the Agency may require, to include on a certificate

issued under these regulations, any dependant referred to in the

definition "dependant" in regulation 3, subject to a successful due

diligence check in respect of each dependant and payment to the

Agency of a contribution as specified in the First Schedule.

(3) The beneficiary of a certificate issued under these

Regulations as duly represented by an agent may also apply to the

Agency, in such form as the Agency may require, to include on a

certificate which has been issued under these regulations the spouse of

a dependent child who is included on the certificate or in respect of

whom an application for inclusion on a certificate has also been made,

subject to a successful due diligence check in respect of such spouse

and payment to the Agency of a contribution as defined in the First

Schedule.

(4) The beneficiary of a certificate issued under these

regulations as duly represented by an agent may also apply to the

Agency, in such form as the Agency may require, to include on a

certificate which has been issued under these regulations, the minor

child of a previously approved dependent child falling with the scope

of paragraphs (b) or (c) of the definition "dependant" in regulation 3 or

the spouse of such a dependant who, in both cases, is already included

on the certificate, subject to a successful due diligence check in respect

of such dependant and payment to the Agency of a contribution as

defined in the First Schedule.

(5) The beneficiary of a certificate issued under these

regulations as duly represented by an agent may also apply to the

Agency, in such form as the Agency may require, to include on a

certificate which has been issued under these regulations, the spouse or

minor child of a previously approved dependant falling with the scope

of paragraph (e) of the definition "dependant" in regulation 3, subject

to a successful due diligence check.

(6) Where the Agency accepts an application to include an

individual on the beneficiary's certificate in terms of sub-regulations

(3) to (5), such individuals shall be deemed to be dependants and shall

be bound by all the obligations applicable to dependants in terms of

these regulations.

(7) The contribution payable to the Agency in terms of sub

regulations (2), (3), (4) and (5) is non-refundable and has to be paid

upon application, and as determined by any guidelines that the Agency

may issue from time to time.

(1)

Applications for a certificate shall be accompanied

(a) a conduct certificate, in original format, in relation to

the main applicant and any dependant who is older than fourteen

(14) 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 (6) months during the last

ten (10) years. In exceptional cases, where it is proved to the

satisfaction of the 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 (14) years of age, and any adult

dependant, on his own behalf, declaring a clean criminal record

may be accepted. Upon good cause being shown, the Agency

may allow that such certificates be 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 agent 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 is deemed to be a qualifying

property in accordance with these regulations

Provided that a qualifying property purchased by the

main applicant may be considered as part of the evidence of

possession of assets referred to in sub-regulation (2) of

regulation 9;

(d) an undertaking to remit the total of the required

contribution payable in accordance with these regulations;

(e) an undertaking to make the donation required in

terms of these regulations;

(f) confirmation to the satisfaction of the Agency that the

main applicant and his dependants are not suffering from any

serious illness or contagious disease and that they are otherwise

in good health and will not be, in terms of the medical review

carried out by the Agency, 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 the Agency.

(3) Application forms and other accompanying documents

shall be completed in English. If the original language of the

accompanying documents is not English, the documents shall be

accompanied by an authenticated translation into English.

(4) The main applicant shall provide an affidavit confirming

that he supports each dependant who is over eighteen (18) years old,

except for the spouse.

(5)

The following conditions apply to minor dependants

(a) the forms shall be signed by both parents on behalf of

the dependant;

(b) in the case where one parent has sole custody of a

dependant, or another person has legal guardianship of a

dependant, the form shall be signed by such person provided that

the appropriate legal documentation shall be provided to

demonstrate that 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.

(1) In addition to the qualifications and general

requirements as set out in regulation 12, the minimum eligibility

criteria for an application under these regulations, for the main

applicant and any of his dependants, shall be as follows

(a) a proper background verification of the main

applicant and his dependants over the age of fourteen (14) years,

as the case may be;

(b) the main applicant and, or any of his dependants is

not an individual indicted before an international criminal court

or who appeared at any time before an international criminal

court, whether such person has been found guilty or otherwise by

such court;

(c) the main applicant and, or any of his dependants, is

not a person listed with the International Criminal Police

Organization (INTERPOL) or EUROPOL;

(d) 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;

(e) the main applicant and, or any of his dependants,

shall not be an individual who, at any time, had pending charges

or who has been found guilty of any crimes related to

(i)

crimes of terrorism,

(ii)

money laundering,

(iii) funding of terrorism,

(iv) crimes against humanity,

(v)

war crimes,

(vi) crimes that infringe upon such Protection of

Human Rights and Fundamental Freedoms as established

by the European Convention on Human Rights;

(f) 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

(i)

paedophilia,

(ii)

defilement of minors,

(iii) rape,

(iv) violent indecent assault,

(v)

inducing persons under age to prostitution, and

(vi) abduction;

(g) the main applicant and, or any of his dependants is

not 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 one (1) year 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;

(h) the main applicant and, or any of his dependants is

not named or listed in international sanctions applying restrictive

measures that the Agency is bound by law, or has opted, to

follow;

(i) the main applicant and, or any of his dependants shall

not have had a previous application for a certificate or an

application for Maltese citizenship refused;

(j) the main applicant and, or any of his dependants shall

not have previously ceased to benefit from a certificate in terms

of regulation 17;

(k) the main applicant and, or any of his dependants is

not involved or likely to be involved in any activity which may

cause disrepute to the Republic of Malta;

(l)

the application is not deemed to be against the public

interest.

(2) Where a document is required to be produced under these

regulations in support of an application

(a) unless expressly stated that an original is required,

such document must be an original document or if not an

original, it must be a certified copy of the original; and

(b)

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.

(1) The Agency shall administer the due diligence and

verification process of the eligibility of the main applicant and of

any dependants.

(2) The Agency shall cause due diligence checks to be

performed also by third parties including one (1) or more

internationally recognised specialised due diligence service

providers, in respect of every main applicant and his dependants.

Such due diligence checks shall be as the Agency shall determine

from time to time and may include security checks to be carried out

by law enforcement authorities in line with the Data Protection

(Processing of Personal Data by Competent Authorities for the

purposes of the prevention, investigation, detection or prosecution

of criminal offences or the execution of criminal penalties)

Regulations, who may use available tools for such purposes, as well

as all other checks as regards money laundering and terrorism

financing risks by the pertinent authorities having the necessary

authority to conduct such checks.

(3) The Agency shall inform the Approvals Board of its due

diligence findings and seek the authorisation of the Approvals Board

prior to the issue of a certificate.

(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 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 the Agency

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

Scheme Regulations, the Highly Qualified Persons Rules, the

High Net Worth Individuals - Non-EU/EEA/Swiss Nationals

Rules, the Malta Retirement Programme Rules, the Qualifying

Employment in Innovation and Creativity (Personal Tax) Rules

or the Residence Programme Rules;

(c) he holds a qualifying property for residence for a

minimum five (5) year period from the appointed day, and after

the lapse of five (5) years from the appointed day holds a

residential property in Malta or Gozo in ownership or by title of

lease or emphyteusis

Provided that where the qualifying property held by

the beneficiary consists of qualifying owned property, the

beneficiary may, with the Agency’s consent and subject to such

conditions as the Agency may impose, replace the said

qualifying owned property with another qualifying owned

property purchased by the beneficiary. Where the qualifying

property held by the beneficiary consists of qualifying rented

property, the beneficiary may, with the Agency’s consent and

subject to such conditions as the Agency may impose, replace

the said qualifying rented property with another qualifying

rented property taken on lease by the beneficiary or with a

qualifying owned property purchased by the beneficiary

Provided further that the Agency may carry out spot

checks at its discretion to verify whether the property satisfies

the definition "qualifying property" in regulation 3, and access

to the property shall be granted to the Agency’s officers,

employees or third party appointees for such purposes;

(d) without prejudice to any other provision of these

regulations, 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.

(e) he is, and his dependants are, in possession of a valid

travel document;

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

all risks normally covered for Maltese nationals for himself and

his dependants as the Agency considers appropriate from time to

time; and

(g) he is in possession of the capital referred to in sub-

regulation (2) of regulation 9 for a period of five (5) years

commencing from the appointed day.

(2) For the purposes of these regulations, and without prejudice

to any rights and duties emanating from the Immigration Regulations S.L. 217. 04.

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

the Agency 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 Residents

Scheme Regulations, the Highly Qualified Persons Rules, the

High Net Worth Individuals - Non-EU/EEA/Swiss Nationals

Rules, the Malta Retirement Programme Rules, the Qualifying

Employment in Innovation and Creativity (Personal Tax) Rules

or the Residence Programme Rules;

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

all risks normally covered for Maltese nationals.

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

circumstances, the Agency shall be empowered to determine that the

certificate issued to the said beneficiary shall be issued to an approved

dependant of that deceased beneficiary in such form and subject to

such conditions as the Agency may impose in its discretion. Such

certificate shall be issued once the said dependant provides evidence to

the Agency that the conditions imposed by the Agency and all the

requirements of these regulations are satisfied in such manner as the

Agency may determine.

(2) Where a certificate is issued to a dependant of a deceased

beneficiary in accordance with sub-regulation (1), the provisions of

sub regulations (2), (3), (4) and (5) of regulation 11 shall not apply.

(1) A beneficiary and all approved dependants included

on a certificate shall cease to benefit from a certificate issued under

these regulations if the beneficiary becomes a Maltese, EEA or Swiss

national.

(2) The Agency shall determine that a beneficiary and all

persons included on the certificate shall cease to benefit from a

certificate issued under these regulations in any of the following

circumstances

(a) if, at any time, after the appointed day, the beneficiary

does not satisfy the conditions set out in regulation 15;

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

no longer remains eligible in terms of regulation 13;

(c) if it transpires that false, misleading or materially

inaccurate information was provided to, or material facts omitted

or concealed from the Agency during the course of the

application process;

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

individual does not fulfil any commitment or condition

contemplated in these Regulations, including in particular a

commitment referred to in regulation 12;

(e) if the individual’s stay is not in the public interest or

the individual is involved in conduct which is seriously

prejudicial to the vital interests of Malta;

(f) if the individual has shown himself by act or speech

to be disloyal or disaffected towards the President or the

Republic of Malta.

(3) Where the Agency determines that a beneficiary shall cease

to benefit from a certificate, the beneficiary shall return the certificate

to the Agency within a period of one (1) month from the notification of

such determination to the agent of the beneficiary.

(4) The Agency shall determine that a person included on the

certificate shall cease to benefit from a certificate issued under these

regulations, and shall be removed from the certificate, in any of the

following circumstances

(a) if, at any time after the appointed day, the individual

no longer remains eligible for inclusion on a certificate;

(b) if it transpires that false, misleading or materially

inaccurate information was provided to, or material facts omitted

or concealed from the Agency during the course of the

application process;

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

individual does not fulfil any commitment or condition

contemplated in these regulations;

(d) if the individual’s stay is not in the public interest or

the individual is involved in conduct which is seriously

prejudicial to the vital interests of Malta; and

(e) if the individual has shown himself by act or speech

to be disloyal or disaffected towards the President or the

Republic of Malta.

(5) Where the Agency determines that a person included on the

certificate shall cease to benefit from a certificate, the beneficiary shall

return the certificate to the Agency within a period of one (1) month

from the notification of such determination to the agent of the

beneficiary, and the Agency shall issue a correction thereto.

(6) Without prejudice to sub-regulations (2) and (4), a

beneficiary or a person included on the certificate who is aware of any

of the reasons specified in sub-regulations (2) and (4) shall notify the

Agency of such event by not later than four (4) weeks from the date

when he becomes aware of such event. This notification shall be made

on such form as may be required by the Agency.

(7) The Agency shall, in its discretion, have the power to

condone any failure to satisfy any one of the conditions in sub-

regulations (2) and (4) if

(a) such failure was due to unforeseen circumstances

which are beyond the control of the individual;

(b)

such individual notifies the Agency of such failure;

and

(c) such individual has exercised his best efforts to

remedy the failure.

(8) A beneficiary and all persons included on the certificate

shall, with immediate effect, cease to benefit from a certificate issued

in terms of these regulations if the beneficiary notifies the Agency of

his intention not to remain a beneficiary in terms of these regulations

on such form as the Agency may require.

(9) An individual included on a certificate issued to a

beneficiary shall, with immediate effect, cease to benefit from a

certificate issued in terms of these regulations if the beneficiary or

such person notifies the Agency of his intention not to benefit from the

certificate in terms of these regulations on such form as the Agency

may require.

(1) Without prejudice and in addition to other powers and

rights of the Agency in terms of these regulations, for the purpose of

ascertaining an individual’s entitlement to rights which may be

acquired or are acquired under these regulations and ensuring the

proper application of these regulations, the Agency may require the

individual or the agent to produce, such information and documents,

including certifications and declarations, and, or to reply to such

questions, as the Agency may consider necessary, within the time

indicated by the Agency in its request

Provided that if such information, documents or replies are

not provided or are insufficiently provided within the time indicated by

the Agency in its request, the Agency may take all those measures or

actions which it deems necessary at its sole discretion, including

rejection of the application, revocation of its Letter of Approval in

Principle, or a determination that an individual shall cease to benefit

from a certificate issued in terms of these regulations, as the case may

be. The Agency may however, at its sole discretion, extend the time-

limit upon good cause being shown.

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

Agency may exchange information that is in its possession concerning

(a)

a main applicant;

(b)

dependants;

(c)

a beneficiary; or

(d) an individual that has long-term residence status in

terms of the Status of Long-term Residents (Third Country S.L. 217. 05.

Nationals) Regulations

Provided that such information may be exchanged only 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 S.L. 217. 05.

(Third Country Nationals) Regulations.

(1) Any decision, determination or verification to be Agency's

made by the Agency under these Regulations shall be made at that discretion

powers.

Agency’s absolute discretion and any such decision, determination or

verification shall be final and shall not be subject to an appeal.

(2) The Agency shall have the right to delegate any of its

functions under these regulations, save for the Agency’s functions

arising under regulation 10, to any other authority duly constituted

under any other law capable of exercising such functions.

(3) The Agency shall have the power to request information

from competent authorities, including law enforcement authorities, as

part of the due diligence process on the applicant.

(4) The Agency may make guidelines for the better

implementation of any matter covered by these regulations.

(5) The Agency may, in its discretion, extend any time limit

fixed by these regulations upon good cause being shown.

(1) Nothing in these regulations shall prejudice the Data protection.

applicability of the General Data Protection Regulation and the Data Cap. 586.

Protection Act and the fundamental rights and freedoms of the data

subject.

(2) Where the Agency in its capacity of data controller

processes personal data on the applicant or the beneficiary and, or

dependants under the Programme, it shall

(a) comply with the principles relating to processing of

personal data pursuant to Article 5(1) of the General Data

Protection Regulation;

(b) apply appropriate technical and organisational

measures to ensure a level of security appropriate to the risk

posed, and prevent abuse or unlawful access to or transfer of,

personal data pertaining to the main applicant or the beneficiary,

and, or dependants.

(3) The controller shall retain the personal data of the

beneficiary and, or his dependants, as long as the certificate issued to

the beneficiary and dependants, if any, pursuant to these regulations

remains in force

Provided that where the application is refused, or where the

certificate is revoked, such data shall be retained for the purposes of

these Regulations for a period of five (5) years from the date of the

refusal of the application or the revocation of the certificate

Provided further that for the purpose of regulation 13(1)(j),

the Agency may retain the minimum details identifying a beneficiary

and, or his dependants whose application has been refused or revoked,

for an additional period of five (5) years.

(4) Where the Agency pursuant to its functions under these

Regulations processes information in relation to due diligence data, the

Agency may restrict the rights and obligations provided for in Articles

14 to 20 and Article 34 of the General Data Protection Regulation in

accordance with Article 23 of the General Data Protection Regulation

Provided that such personal data shall only be restricted in

case the Agency refuses the application or revokes the certificate

Provided further that the Agency’s Data Protection Officer

designated pursuant to Article 37 of the General Data Protection

Regulation shall be consulted as appropriate in a timely manner in the

entire process of applying the restriction.

(5) The restrictions under sub-regulation (4) shall only apply in

the event that these restrictions are considered as a necessary and

proportionate measure to protect the sources and confidentiality of

legally privileged information collected in the course of carrying out

the due diligence process and to

(a)

safeguard important objectives of general public

interest of the Republic of Malta; or

(b) protect national and public security and the

obligations of the Agency connected with its functions pursuant

to these regulations.

(6) The Agency shall apply the restrictions referred to in sub-

regulation (4) for as long as the reasons justifying them remain

applicable following a necessity and proportionality test. The reasons

justifying the restrictions shall be documented and made available to

the Commissioner when and as required.

(7) Where the reasons for a restriction no longer apply, the

Agency shall lift the restriction and inform the data subject concerned

accordingly and comply with the rights and obligations provided for in

Articles 14 to 20 and Article 34 of the General Data Protection

Regulation.

(8) The Agency shall review the application of the restrictions

referred to in this regulation and depending on the outcome of such

review inform the data subject accordingly.

(9) For the safeguard of the rights and freedoms of the data

subject, the following conditions and safeguards shall apply to

documents, reports and other personal data processed throughout the

due diligence process subject to the restrictions in terms of sub-

regulation (4)

(a) access to due diligence data by competent authorities

other than the Agency shall not be permitted unless provided for

by law;

(b) the Agency shall maintain an audit trail record of

access to due diligence data by competent authorities, containing

at least the date of the access, the identifiable details of the

Agency’s officer accessing the data, the requesting competent

authority and the purpose for the access. Such audit trail record

shall be kept for as long as the due diligence data is stored in line

with sub-regulation (3);

(c) the Agency’s Data Protection Officer shall keep a

register to record the restrictions applied in relation to the

requests made by the applicants. The register shall include the

details of the applicants, the right requested to be exercised that

was restricted and the purpose for such restriction. Restriction of

rights in terms of Article 34 of the General Data Protection

Regulation, shall also be recorded in the register; and

(d) the applicants in their capacity as data subjects shall

be informed of the application of restrictions to their rights by

informing the data subject concerned in reply to the request to

exercise any of the rights which are being restricted in terms of

these regulations, unless this may be prejudicial to the purpose of

the restriction

Provided that the Agency justifies the prejudice claimed by

the Agency to the Commissioner when and where requested.

(1) Other than for the proper discharge of their duties

or functions under these regulations and in terms of the Act,

including for the purposes of the due diligence checks referred to in

regulation 14, or as may be otherwise provided in any other law, the

Agency, and the officers and employees of the Agency, shall treat all

information furnished in accordance with these regulations as

confidential and such information shall be solely used by the Agency

for the purpose of these regulations. The officers and employees of the

Agency shall at all times treat any information acquired in the

discharge of their duties as confidential, and shall not, directly or

indirectly, disclose such information to any other person, except with

the consent of the person to whom the information relates. For the

purposes of this sub-regulation, "employees" and "officials" shall

include former employees and officials.

(2) No person appointed or employed by the Agency in

carrying out the provisions of these regulations shall be required to

produce in any court, tribunal, board or committee of inquiry any

document or to divulge any matter coming under his notice in the

performance of his duties under these regulations except as may be

lawfully required under any applicable law or for the purpose of

carrying into effect the provisions of these regulations, or a

prosecution for any offence against any of the provisions of these

regulations.

(3) Notwithstanding the provisions of the other sub-regulations

of this regulation, upon a lawful request under any applicable law, the

Agency shall have the power to furnish information obtained for any

of the purposes of these regulations to the Commissioner for Revenue,

the Financial Intelligence Analysis Unit, the Malta Financial Services

Authority, the Commissioner of Police and other authority legally

empowered to request such information.

(4) Notwithstanding the provisions of the other sub-regulations

of this regulation, the Agency may also, pursuant to a written request,

disclose information to local or overseas enforcement or regulatory

authorities or police agencies, or a network or grouping comprising

such local or overseas enforcement or regulatory authorities or police

agencies, or both, for the purpose of preventing, detecting,

investigating or prosecuting the commission of acts or omissions that

amount to or are likely to amount to a criminal offence under any

applicable law or to an offence or breach of a regulatory nature,

whether in Malta or overseas.

Without prejudice to regulations 20 and 21, all information Due diligence to

obtained through the due diligence process and its sources shall be kept be kept secret.

secret.

Any person may make a protected disclosure to the Protected

disclosures.

Agency

Provided that a disclosure shall be deemed to be a protected

disclosure if it is made in good faith, if the person making the

disclosure reasonably believes, at the time of making the disclosure

based on the information he has at that moment, that the information

disclosed and any allegation contained in it are substantially true and

that the information disclosed tends to show an improper practice

being committed by a main applicant, a dependant or an agent and the

disclosure is not made for purposes of personal gain

Provided further that disclosures shall be made on the

grounds of bribery, corrupt practices and improper practice of a main

applicant or any dependants.

(1) The fees set out in the First Schedule, as the case Fees.

may be, shall be paid for the matters therein respectively specified.

(2) The provisions of the Fees Ordinance shall apply to the fees Cap. 35.

set out in the First Schedule as if they were fees prescribed under the

said Ordinance.

(1) The Agency may make payments for promotional Promotional

support to agents, based on the date of submission of each successful support

to Agents.

application in respect of which a certificate is issued, in accordance

with criteria made by the Agency and with the approval of the

Minister. Agents whose name is indicated on the register of agents

referred to in regulation 6 shall be notified of the applicable criteria for

each calendar year, at least two (2) weeks before the end of the

previous calendar year

Provided that the applicable criteria for the period from the

entry into force of these regulations until 31 st December 2021, shall be

notified to agents by the Agency upon their registration in the register

referred to in regulation 6.

(2) No payments shall be made to an agent if he has been

removed from the register referred to in sub-regulation (1) of

regulation 6 in the circumstances referred to in sub-regulation (3) of

regulation 6 or in sub-regulation (1) of regulation 8 or for such time as

his licence may be suspended.

(3) Save for the provisions of sub-regulation (1) no further or

additional fees shall be due by the Agency to agents.

(1) Certificates issued in terms of the Malta Residence

and Visa Programme Regulations and the holders of certificates issued

in terms of the Malta Residence and Visa Programme Regulations

shall remain subject to and governed by the same Malta Residence and

Visa Programme Regulations.

(2) Applications filed under the Malta Residence and Visa

Programme Regulations which are still pending prior to the date of

coming into force of these regulations shall remain subject to and

governed by the same Malta Residence and Visa Programme

Regulations. For a period of twenty-four (24) months from the coming

into force of these regulations, applicants who have a pending

application for a certificate in terms of the Malta Residence and Visa

Programme Regulations may not apply for a certificate under these

regulations. The foregoing prohibition shall apply even if the applicant

withdraws his application under the Malta Residence and Visa

Programme Regulations.

(3) Certificates issued consequent to applications filed under

the Malta Residence and Visa Programme Regulations shall remain

subject to and governed by the Malta Residence and Visa Programme

Regulations.

(4) As from 29th March 2021, all new applications shall be

governed by these regulations and no new application for a certificate

may be made under the Malta Residence and Visa Programme

Regulations.