Regulations, 2021

L.N. 384 of 2021

IMMIGRATION ACT

(CAP. 217)

Malta Residence and Visa Programme (Amendment No. 2)

Regulations, 2021

IN EXERCISE of the powers conferred by articles 7, 7A, 8 and

36 of the Immigration Act, the Minister responsible for immigration

has made the following regulations:-

The title of these regulations is the Malta Residence and

Visa Programme (Amendment No. 2) Regulations, 2021 and these

regulations shall be read and construed as one with the Malta

Residence and Visa Programme Regulations, hereinafter referred to as

"the principal regulations".

Regulation 2 of the principal regulations shall be amended

as follows

(a)

the definition "Identity Malta" shall be deleted;

(b) in the definition "qualifying investment", the words

"Identity Malta" shall be substituted by the words "the Malta

Residence and Visa Agency";

(c) the second proviso to the definition "qualifying

owned property" shall be substituted by the following new

proviso

"Provided further that, when so required by the

Malta Residence and Visa Agency, an officer of the agency

and, or any architect or surveyor so appointed by the

agency, shall be given full and free access to the qualifying

owned property in order to determine the value of the said

property."; and

(d) the definition "registered approved agent and, or

registered accredited person" shall be deleted.

Regulation 12 of the principal regulations shall be amended

as follows

(a) in sub-regulation (2) thereof, the words "Identity

Malta" shall be substituted by the words "the Malta Residence

and Visa Agency";

(b)

sub-regulations (3) to (9) thereof shall be deleted; and

(c) immediately after sub-regulation (2) thereof there

shall be added the following new sub-regulations

"(3) A main applicant shall not authorise more than

one approved agent and, or accredited person at any one

time in relation to his application, but he may change his

approved agent and, or accredited person at any time.

(4) The Malta Residence and Visa Agency shall

be notified without delay of any change of an approved

agent and, or accredited person in respect of any

application, which notification shall be made by the main

applicant through the new approved agent and, or

accredited person who shall deliver to the Agency the

notification in such form as the Agency may require. On

receipt of such notification by the Agency, the previous

approved agent and, or accredited person of the main

applicant shall be deemed not to be authorised to

represent the applicant in any further communication with

the Agency.

(5) The Malta Residence and Visa Agency may, in

its discretion, inform the previous approved agent and, or

accredited person about the appointment of a new

approved agent and, or accredited person by the

applicant.

(6) Any approved agent and, or accredited person

who is no longer licensed in accordance with the Agents

(Licences) Regulations or is otherwise unable to continue

to perform his functions as an approved agent and, or

accredited person under these regulations shall, without

delay, inform applicants that in order that their

application may continue to be processed by the Agency,

it is mandatory for them to engage a new approved agent

and, or accredited person.

(7) The Malta Residence and Visa Agency may,

by notice issued from time to time, prescribe that a

portion of the contribution paid by an applicant in terms

of these regulations be paid to the approved agent and, or

accredited person appointed by the applicant. The portion

of the contribution to be paid to an approved agent and, or

accredited person may vary depending on whether the

applicant has elicited to make an additional contribution

in lieu of providing a certificate to a qualifying

investment in terms of the proviso to sub-regulation (3) of

regulation 5.".

€0.27