Malta Permanent Residence Programme

L.N. 146 of 2025

IMMIGRATION ACT

(CAP. 217)

Malta Permanent Residence Programme

(Amendment) Regulations, 2025

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:-

The title of these regulations is the Malta Permanent

Residence Programme (Amendment) Regulations, 2025 and these

regulations shall be read and construed as one with the Malta

Permanent Residence Programme Regulations, hereinafter referred to

as the "principal regulations".

Regulation 3 of the principal regulations shall be amended

as follows

(a) in the definition "agent" the words "under the Agents

(Licences) Regulations" shall be substituted by the words "by the

Agency in accordance with these regulations";

(b) in the definition "contribution" the words "or in

relation to an application for inclusion of a dependant on a

certificate in terms of regulation 11, where applicable" shall be

deleted;

(c) in paragraph (d) of the definition "dependant" the

words "spouse who proves" shall be substituted by the words

"spouse, who is not in a full-time employment, and who proves".

In sub-regulation (6) of regulation 4 of the principal

regulations the words "the Agents (Licences) Regulations" shall be

substituted by the words "these regulations".

Regulation 5 of the principal regulations shall be substituted

by the following new regulation

(1) Persons who intend to render services to

"Licence for a

applicants in relation to the Programme, and who satisfy

the requirements laid down in these regulations, shall

apply for a licence with the Agency. The application for a

licence shall be made with the Agency on the appropriate

form available on the Agency’s website and shall be

accompanied with such documents and information as the

Agency may require. The agent shall be subject to a due

diligence assessment by the Agency, both upon

application and annually thereafter

Provided that an agent duly licensed in

accordance with the Agents (Licences) Regulations may

continue to operate with that licence for the purpose of

these regulations until 31 st December 2025.

(2) The Agency may grant or refuse a licence to

an applicant to act as an agent. The said licence shall be

subject to renewal every year and the Agency may refuse

to renew such licence.

(3) Both the application for a licence and the

renewal thereof shall be subject to the payment to the

Agency of such annual fee as provided in the Third

Schedule.".

5. Regulation 6 of the principal regulations shall be amended Amends

as follows

(a) in sub-regulation (1) thereof the words "who have

complied with the requirements set out in regulation 5" shall be

substituted by the words "who are licensed in accordance with

these regulations";

(b) in sub-regulation (3) thereof the words "license in

accordance with the Agents (Licences) Regulations" shall be

substituted by the word "licence";

(c) in sub-regulation (4) thereof the words "informs the

Agency that he no longer wishes to render services to applicants

in relation to the Programme" shall be substituted by the words

"surrenders his licence in accordance with regulation 8A".

Immediately after regulation 6 of the principal regulations Adds new

there shall be added the following new regulations

(1) A person shall be qualified to apply for a

licence to act as an agent for the purpose of these

regulations, if he is a public accountant or auditor, a

lawyer, or a financial advisor duly licensed by a

competent authority, and if he satisfies such other

conditions and requirements as may be set out in

guidelines issued by the Agency from time to time.

(2) An agent may apply to act either in his

personal capacity or on behalf of an audit firm, a law firm

or a financial advisory firm, being a body duly registered

in accordance with the applicable law and having separate

legal personality provided that such firm, as represented

by the agent, is also authorised by the Agency to act as an

agent for the purpose of these regulations. For the

avoidance of doubt, such firms shall always be

represented by a duly licensed agent.

(1) The Agency may grant a licence to a

person to act as an agent if it is satisfied that the applicant

(a) has a clean police conduct certificate

issued in accordance with the Conduct Certificates

Ordinance in the prescribed Form A or its

equivalent; and

(b) satisfies the due diligence process carried

out in respect of such person by the Agency.

(2) The person authorised to act as an agent shall

(a) hold a professional indemnity insurance

policy with a reputable insurance company

acceptable to the Agency, with a cover of not less

than five hundred thousand euro (€500,000) or such

higher figure as the Agency may determine from

time to time;

(b) be able to demonstrate to the satisfaction

of the Agency that he, or in the case of a legal

person, that the group of which it forms part has

unrestricted access to a recognised, reputable due

diligence database, and in either case, be able to

provide the Agency, upon request, with the results of

his due diligence procedures;

(c) submit an application form together with

all requested documentation and information that

the Agency may request;

(d) undertake to provide any documentation

or information as may be requested by the Agency

from time to time;

(e) provide the Agency with a fixed address

and an email address where any notifications under

these regulations shall be sent, and update them in

case of any change thereto

Provided that a notification by the

Agency to such fixed address or email address so

provided shall be deemed to have been validly

affected.

(1) When processing an application for a

licence to act as agent under these regulations, the Agency

shall, in particular, have regard to

(a) the protection of applicants under these

regulations;

(b) the protection of the reputation of Malta,

taking into account Malta’s international

commitments; and

(c) the promotion of competition and choice.

(2) The Agency may impose on the applicant for a

licence such conditions as it may deem appropriate. The

Agency may, add to, vary or revoke any conditions as it

may deem fit.

(3) The Agency shall notify the applicant of its

decision to grant or refuse a licence within six (6) months

from the receipt of a valid application, completed in

accordance with the applicable provisions of these

regulations and any applicable guidelines and

accompanied by the prescribed application fee. In the case

of a refusal, the notification shall also set out the reasons

for such decision.".

Regulation 7 of the principal regulations shall be amended Amends

as follows

(a) in paragraph (e) of sub-regulation (1) thereof the

words "of any changes to his licence in terms of the Agents

(Licences) Regulations or if his appointment" shall be substituted

by the words "without delay of its intention to renounce to the

engagement or if such engagement";

(b) immediately after sub-regulation (4) thereof there

shall be added the following new sub-regulation

"(5) Agents shall be personally responsible to ensure

that they impose the same standards, requirements and

obligations applicable to them in accordance with these

regulations on their employees, assistants or associates.".

Regulation 8 of the principal regulations shall be substituted

by the following new regulation

8. (1) Where the Agency considers that an

"Revocation or

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 for the purpose of these regulations, or has

reasonable and sufficient grounds to consider at any time

that he is no longer a fit and proper person, it may revoke

or suspend an agent’s licence after giving the agent a

reasonable time, which shall not in any case be less than

ten (10) days, to make submissions in writing.

(2) Without prejudice to the provisions of sub-

regulation (1), if the Agency has 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.".

Immediately after regulation 8 of the principal regulations

there shall be added the following new regulation

8A. (1) When an agent intends to surrender his

licence, he shall inform the Agency at an early stage of

his intention to do so. Any outstanding licence fees

payable by the agent to the Agency shall be settled

without delay, while any fees already paid by the agent to

the Agency shall not be refundable. The Agency may

require an agent to delay the surrender of his licence and

if the Agent intends to wind up its business, he shall do so

in accordance with such conditions as may be reasonably

imposed by the Agency.

(2) No such surrender of a licence shall take

effect

(a) if it results that the agent is still acting as

such for an applicant or applicants of the

Programme, unless the agent provides satisfactory

evidence to the Agency either that he has given

notice to his clients of his intention to surrender his

licence and any pending applications have been

transferred to another agent or that the applicants

under these regulations have themselves decided to

use the services of another agent; or

(b) if it appears, in the Agency’s discretion,

that the surrender of the licence is being done in

order to avoid prosecution in terms of any

applicable law or to otherwise obstruct or hinder

such prosecution or that it is reasonably likely to

have this effect.".

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(a)

sub-regulation (4) thereof shall be amended as

follows

(i) immediately after the words "administration fee

payable in respect of dependants" there shall be added the

words "referred to in paragraphs (c) and (d) of the definition

"dependant" in regulation 3";

(ii) in paragraph (a) thereof the words "in respect of

the main applicant and each dependant" shall be deleted;

(b) immediately after sub-regulation (5) thereof there

shall be added the following new sub-regulation

"(6) Upon submission of an application in

accordance with regulation 9, or of an application in

accordance with regulation 11, the applicant shall be

entitled to apply for a temporary residence permit valid for

a period of one (1) year, for himself and, or any of his

dependants, in such manner as the Agency may require, and

subject to the applicant providing all information and

documentation and complying with such procedures as the

Agency may require for this purpose. The said temporary

residence permit may be renewed by the Agency for

additional periods of one (1) year each, provided that all

documentation and information in relation to the

application in accordance with regulation 9 or regulation 11

as prescribed by these regulations are submitted to the

Agency within six (6) months from the date of said

application.".

Regulation 11 of the principal regulations shall be amended

as follows

(a) in sub-regulation (1) thereof immediately after the

words "for each and every dependant," there shall be added the

words "except for a dependant referred to in paragraphs (a), (b)

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

words "and a contribution" shall be deleted;

(b)

sub-regulations (7) and (8) thereof shall be deleted;

(c) the words "a contribution and", wherever they occur,

shall be deleted.

Sub-regulation (1) of regulation 15 of the principal

regulations shall be amended as follows

(a) in the second proviso of paragraph (c) thereof the

words "for such purposes;" shall be substituted by the words "for

such purposes:" and immediately thereafter there shall be added

the following new proviso

"Provided further that the Agency may, from

time to time, issue guidelines regulating the use which

applicants may make of a qualifying property during their

temporary periods of absence from Malta;";

(b) in paragraph (d) thereof the word "Malta." shall be

substituted by the word "Malta;".

In sub-regulation (2) of regulation 25 of the principal

regulations the words "in sub-regulation (3) of regulation 6 or" shall be

The First Schedule to the principal regulations shall be

substituted by the following new Schedule

"FIRST SCHEDULE

(regulations 9 and 11)

Administrative fees and contributions Schedule

The non-refundable administration fee requirement

to qualify for residency in accordance with these

regulations shall be as follows

(i) for the purposes of regulations 9 and 11

- a non-refundable administration fee in

respect of the main applicant of sixty thousand

euro (€60,000), fifteen thousand euro

(€15,000) of which need to be paid within one

(1) month from the submission of the

application, with the remaining forty five

thousand euro (€45,000) payable within two

(2) months from the issuance of the Letter of

Approval in Principle;

- a non-refundable administration fee of

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

each and every dependant payable within two

(2) months from the issuance of the Letter of

Approval in Principle or, in the case of

regulation 11(2), (3), (4) and (5), upon

submission of the application

Provided that each and every dependant

referred to in paragraphs (a), (b) and (e) in the

definition "dependant" in regulation 3 shall not be

subject to the payment of any non-refundable

administration fee;

(ii) The contribution requirement to qualify

for residency for the purposes of regulation 9 shall

be as follows

- a contribution of thirty seven thousand

euro (€37,000) in respect of the main applicant

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 thirty seven thousand

euro (€37,000) in respect of the main applicant

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.".

Immediately after the deleted Second Schedule to the Adds new

principal regulations there shall be added the following new Schedule: Schedule

"THIRD SCHEDULE

(regulation 5(2))

Annual Licence Fee payable by Agent

The annual licence fee exclusive of any applicable

taxes payable by each agent to the Agency shall amount

to

five thousand euro (€5,000).".

The

non-refundable administration fees and the

contributions set out in regulation 14 shall apply also to applications

submitted after the 1 st January 2025 which are still not concluded at

the time of coming into force of the Malta Permanent Residence

2025. Programme (Amendment) Regulations, 2025, and for such

applications the non-refundable administration fees and the

contributions in force prior to the coming into force of these

regulations shall no longer apply.

€0.81