MALTA RESIDENCE AND VISA PROGRAMME REGULATIONS

SUBSIDIARY LEGISLATION 217.18

MALTA RESIDENCE AND VISA PROGRAMME

REGULATIONS

25th August, 2015

LEGAL NOTICE 288 of 2015, as amended by Legal Notices 189 of 2017,

122, 384 of 2021 and 56 of 2024.

The title of these regulations is the Malta Residence and

Visa Programme Regulations.

(Regulation 2)

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

Birzebbugia

Cospicua

Fgura

Għaxaq

Gudja

Kalkara

Luqa

Marsa

Marsascala

Marsaxlokk

Mqabba

Paola

Qrendi

Safi

Santa Luċija

Senglea

Siġġiewi

Tarxien

Vittoriosa

MALTA RESIDENCE AND VISA PROGRAMME

Xgħajra

Żabbar

Żejtun

Żurrieq

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 Malta Residence and Visa

Agency shall determine in writing that a beneficiary is issued a

certificate under these regulations;

"approved agent and, or accredited person" means an agent duly

licensed under the Agents (Licences) Regulations and whose name is

indicated in the register established by regulation 6 of the Malta

Permanent Residence Programme Regulations;

"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 warranted lawyer, or notary public, a Maltese

consular or diplomatic officer, Malta Residence and Visa Agency or a

senior officer of an authority appointed by Malta Residence and Visa

Agency in terms of regulation 11(2);

"contribution" means a contribution of thirty thousand euro

(€30,000), and, where applicable, five thousand euro (€5,000) per

parent or grandparent of the main applicant or of the spouse 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

authorizes otherwise on a case by case basis;

(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 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 not yet born or not yet adopted by the

main applicant or by his spouse, and is born or

becomes so adopted after the appointed day;

(d)

a child, including an adopted child, of the main

applicant or of his spouse, who at the time of

application is over eighteen years of age, not married,

and who proves, to the satisfaction of the Minister that

at the time of application he is not economically active

and is principally dependant on the main applicant;

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

spouse who proves to the satisfaction of the Minister

that at the time of application he is not economically

active and is principally dependant on the main

applicant; or

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

the main applicant who has been certified by a

recognized medical professional/Authority as having a

disability in terms of the Equal Opportunities (Persons

with Disability) Act

Provided that in any case is not a beneficiary under the

Residents Scheme Regulations, the High Net Worth Individuals –

EU/EEA/Swiss Nationals Rules, the Malta Retirement Programme

Rules, the Residence Programme Rules, the Qualifying

Employment in Innovation and Creativity Rules or the Highly

Qualified Persons Rules, and resides with the beneficiary in the

qualifying property;

"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 Malta

Residence and Visa Agency, before issuance of a certificate under

these regulations;

"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;

"main applicant" means an individual who has filed an

application in terms of regulation 5;

" M a l t a R e s i d e n c e a n d Vi s a A g e n c y " m e a n s t h e a g e n c y

e s t a b l i s h e d b y t h e M a l t a R e s i d e n c e a n d Vi s a A g e n c y

(Establishment) Order;

"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 subm ission 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 the Malta Residence and Visa

Agency 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 main 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 Malta Residence and Visa Agency upon

application

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;

"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;

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

designated in the Second Schedule to the Local Government Act of

the 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 a certificate issued under

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

of Article 7 of the Immigration Act.

A certificate issued by the Malta Residence and Visa Agency

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 Malta Residence and Visa Agency shall monitor the

adherence by the beneficiary and his registered

dependants of all the obligations and conditions set out in

these regulations annually for the first five years from its

issue, and thereafter whenever it is deemed opportune by

the Malta Residence and Visa Agency in its sole

discretion, and the certificate shall be considered to have

been ipso iure withdrawn as soon as the beneficiary of

such a certificate and, or his registered dependants

infringe any obligations and conditions set out in these

regulations; and48

(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

Malta Residence and Visa Agency for the issuance of a certificate

under these regulations, in such form as Malta Residence and Visa

Agency 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, the Malta Residence and

Visa Agency 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 main

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

Malta Residence and Visa Agency

Provided that where a certificate has not yet been issued

in terms of these regulations, in lieu of providing the certificate to a

qualifying investment and of maintaining the said qualifying

investment as required by paragraph (d) of sub-regulation (1) of

regulation 8, the main applicant may

(a) make an additional contribution to the Malta

Residence and Visa Agency in the following sums

(i)

sixty-eight thousand euro (€68,000) where

the necessary title to a qualifying property is a qualifying

rented property;

(ii)

thirty-eight thousand euro (€38,000) where

the necessary title to a qualifying property is a qualifying

owned property, in which case the main applicant shall,

for the purposes of paragraph (c) of sub-regulation (1) of

regulation 8, continue to hold a qualifying owned

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

issuing of the certificate; and

(b) make a donation within such time as the Malta Residence

and Visa Agency may impose and provide evidence

thereof to the Agency.

(3A) Where an applicant does not elicit to make an additional

contribution in lieu of providing the certificate to a qualifying

investment as stated in the proviso to sub-regulation (3), the

applicant shall conclude the application for a certificate by the end

of the year 2021

Provided that should the application for a certificate not

be concluded by the end of the year 2021 as aforesaid, the applicant

shall be allowed until the 31st March 2022 to conclude his application

for a certificate upon payment of the additional contribution referred to

in the proviso to sub-regulation (3) in lieu of providing the certificate

to a qualifying investment and subject to the making of a donation

within such time as the Malta Residence and Visa Agency may

impose.

(3B) Where an applicant elicits to make an additional

contribution in lieu of providing the certificate to a qualifying

investment as stated in the proviso to sub-regulation (3), the

applicant shall conclude the application for a certificate by the end

of the year 2021

Provided that in those cases where a Letter of Approval

In Principle has not yet been issued on the date of entry into force of

this sub-regulation, the applicant shall conclude the application within

nine (9) months from the date of issue of the Letter of Approval In

Principle.

(3C) The Malta Residence and Visa Agency shall pay

additional contributions received in terms of sub-regulations (3), (3A)

and (3B) to the National Development and Social Fund after deducting

the portion of the contribution payable to an approved agent and, or

accredited person in accordance with regulation 12(7) and any value

added tax payable thereon.

(3D) No certificate shall be issued to the main applicant or any

of his dependants even in the case that Malta Residence and Visa

Agency has issued its approval in principle in terms of these

regulations, unless the conditions above referred to are satisfied to the

full satisfaction of Malta Residence and Visa Agency.

(4)

Following the death of a beneficiary, in exceptional

circumstances, the Malta Residence and Visa Agency shall be

empowered to determine that the certificate issued to the said

beneficiary shall instead be issued to an approved dependant of that

deceased beneficiary in such form and subject to such conditions as

the Malta Residence and Visa Agency may impose in its discretion at

the relevant time. Such certificate shall be issued once the said

dependant provides evidence to the satisfaction of the Malta Residence

and Visa Agency that the conditions imposed by the Malta Residence

and Visa Agency and all the requirements of these regulations are

satisfied in such manner as the Malta Residence and Visa Agency may

determine. Where a certificate is issued to a dependant of a deceased

beneficiary as aforesaid, it shall not be possible to request the

inclusion of any other person on the certificate.

(5) The beneficiary under these regulations, as duly represented

by a registered approved agent and, or registered accredited person

may apply to Malta Residence and Visa Agency for the issuance of

a certificate under these regulations, in such form as Malta

Residence and Visa Agency may require, for any dependant as

referred to in the definition in paragraph (c) regulation (2) who is

born or adopted after the appointed day, subject to a successful due

diligence check.

(6) The beneficiary under these regulations, as duly represented

by a registered approved agent or registered accredited person may

apply to Malta Residence and Visa Agency to include on the Main

Beneficiary certificate issued under these regulations, and against a

non-refundable supplementary administration fee of five thousand

euro (€5,000), the spouse of the beneficiary’s or his spouse’s

approved child being a child who would have been previously

accepted as a dependant in the residence certificate, subject to a

successful due diligence check.

(7) The beneficiary under these regulations, as duly represented

by a registered approved agent and, or registered accredited person

may apply to Malta Residence and Visa Agency to include on the

Main Beneficiary certificate issued under these regulations, and

against a non-refundable supplementary administration fee of five

thousand euro (€5,000), any dependant who, after the appointed

day, is born to, or adopted by an approved child as defined in the

precedent sub-regulation (6) or his spouse, where such spouse is

herself already a beneficiary under these regulations according to

sub-regulation (6), subject to a successful due diligence check

Provided that an approved dependant, being a child of the

main applicant or spouse, who gets married, his or her direct

dependants will not derive residency rights under these regulations

automatically. In this respect Malta Residence and Visa Agency

will consider residency under these regulations, against a non-

refundable supplementary administration fee of five thousand euro

(€5,000) per dependant and subject to a successful due diligence

check.

(8) The beneficiary under these regulations, as duly represented

by a registered approved agent and, or registered accredited person

may apply to Malta Residence and Visa Agency to include on the

Main Beneficiary certificate issued under these regulations, and

against a non-refundable supplementary administration fee of five

thousand euro (€5,000), the spouse or minor/child of a dependant

as defined in 4paragraph (f) of regulation 2 of the principal

regulations and subject to a successful due diligence check.

(9)

The beneficiary under these regulations, as duly

represented by a registered approved agent and, or registered

accredited person may apply to Malta Residence and Visa Agency to

include on the Main Beneficiary certificate issued under these

regulations, and against a non-refundable supplementary

administration fee of five thousand euro (€5,000), his spouse as a

dependant in the residence certificate, subject to a successful due

diligence check.

(10) The beneficiary under these regulations, as duly

represented by a registered approved agent and, or registered

accredited person may apply to Malta Residence and Visa Agency to

include on the main beneficiary certificate issued under these

regulations, his or his spouse’s child, including an adopted child who,

at the time of this application, is less than eighteen (18) years of age,

as a dependant in the residence certificate, subject to a successful due

diligence check.

(11) The beneficiary under these regulations, as duly

represented by a registered approved agent and, or registered

accredited person may apply to Malta Residence and Visa Agency to

include on the main beneficiary certificate issued under these

regulations, and against a non-refundable supplementary

administration fee of five thousand euro (€5,000), his or his spouse’s

child, including an adopted child, who at the time of the application is

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

satisfaction of the Minister that, at the time of application, the said

child is not economically active and is principally dependant on the

main applicant as a dependant in the residence certificate, subject to a

successful due diligence check.

(12) The beneficiary under these regulations, as duly

represented by a registered approved agent and, or registered

accredited person may apply to Malta Residence and Visa Agency to

include on the main beneficiary certificate issued under these

regulations, and against a non-refundable supplementary

administration fee of five thousand euro (€5,000), his or his spouse’s

parent or grandparent, who proves to the satisfaction of the Minister

that, at the time of this application, the said parent or grandparent is

not economically active and is principally dependant on the main

applicant as a dependant in the residence certificate, subject to a

successful due diligence check.

(13) The beneficiary under these regulations, as duly represented by

a registered approved agent and, or registered accredited person may

apply to Malta Residence and Visa Agency to include on the main

beneficiary certificate issued under these regulations, as a dependant

in the residence certificate, his or his spouse’s adult child who has

been certified by a recognised medical professional/Authority as

having a disability in terms of the Equal Opportunities (Persons with

Disability) Act, subject to a successful due diligence check.

(1) The qualifications and general requirements for a

person to be issued a certificate under these regulations shall be

that 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

Programm e sh all be allo wed to app ly fo r the issuan ce 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 in relation to the main applicant and

any dependant who is older than fourteen 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 months during the

last ten years, or in exceptional cases, where it is proved

to the satisfaction of Malta Residence and Visa 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 years of age, and any adult dependant, on his

own behalf, declaring a clean criminal record; in certain

circumstances Malta Residence and Visa Agency 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 Malta Residence and Visa Agency,

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 Malta Residence and Visa

Agency, of an unreasonable burden on the national health

system;

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

by notice issued by Malta Residence and Visa Agency.

(3) Application forms and other accompanying documents shall

be compl et ed in English o r, if the ori ginal lang uage of t he

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

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

application under these regulations, for the main applicant and any

of his dependants, shall be as follows

MALTA RESIDENCE AND VISA PROGRAMME

(a) a proper background verification of the main applicant

and his dependants over the age of fourteen years, as

the case may be;

(b)

a police certificate in relation to the main applicant

and any dependant who is older than fourteen 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 months

during the last ten years, or in exceptional cases,

where it is proved to the satisfaction of Malta

Residence and Visa 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 the age of 14,

and any adult dependant, on his own behalf, declaring

a clean criminal record; in certain circumstances Malta

Residence and Visa Agency may accept that such

certificates are submitted at a later date but in any case

before the application is approved in principle;

(c)

the main 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 main 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 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;

(f)

the main 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 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;

(h)

the main 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 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;

(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.

(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 docum ent or a r esidence 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 Malta

Residence and Visa 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 High Net Worth Individuals -

EU / EEA / Swiss Nationals Rules, the Malta

Retirement Programme Rules, the Residence

Programme Rules, the Qualifying Employment in

Innovation and Creativity Rules or the Highly

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 normally covered for Maltese nationals for himself

and his dependants, as the Malta Residence and Visa

Agency considers appropriate from time to time;

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

the application referred to in regulation 5, until the lapse

of five (5) years from the date of issuing the certificate,

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).

(2)

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 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 Malta Residence and Visa Agency that

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

EEA or Swiss national; and

(b) he is not a person who benefits under the Residents

Scheme Regulations, the High Net Worth Individuals -

EU/EEA/Swiss Nationals Rules, the Malta Retirement

Programme Rules, the Residence Programme Rules,

the Qualifying Employment in Innovation and

Creativity Rules or the Highly Qualified Rules.

(3) An approved dependant included on a certificate shall not

be issued with a residence card unless he proves to the satisfaction

of the Malta Residence and Visa Agency that he is in possession of

sickness insurance in respect of all risks normally covered for

Maltese nationals across the whole of the Schengen Area and States

associated with the Schengen activities of the European Union. An

approved dependant issued with a residence card shall at all times

maintain such sickness insurance to the satisfaction of the Malta

Residence and Visa Agency for the entire duration of the residence

card, and in default the Malta Residence and Visa Agency shall

remove the approved dependant from the certificate issued in

accordance with these regulations.

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

of certificate, cease to benefit from a certificate issued under these

regulations

(a) if the individual becomes a Maltese, EEA or Swiss

national;

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

does not satisfy the conditions set out in regulation 8;

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

no longer remains eligible in terms of regulation 7;

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

(e) 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 Malta

Residence and Visa Agency 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 Malta Residence and Visa Agency.

(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

Malta Residence and Visa Agency of his intention not to remain a

beneficiary in terms of these regulations on such form as Malta

Residence and Visa Agency 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, Malta Residence and

Visa Agency may require that individual or the relevant registered

approved agent and, or registered accredited person to produce,

within the time indicated by Malta Residence and Visa Agency in

that request, such information and documents as Malta Residence

and Visa Agency may consider necessary, including certifications

and declarations.

(2)

Notwithstanding any other provision in any law, Malta

Residence and Visa Agency 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) 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

(Third Country Nationals) Regulations.

(1)Any decision, determination or verification to be made

the Malta Residence and Visa Agency under these regulations shall

be made at that agency’s absolute discretion and any such decision,

determination or verification shall be final and shall not be subject

to an appeal.

(2) The Malta Residence and Visa Agency shall have the right

to delegate any of their respective functions under these

regulations, save for the Malta Residence and Visa Agency

functions arising under regulation 3, to each other or to any other

authority duly constituted under any other law capable of

exercising such functions

(3) The Malta Residence and Visa Agency may, in its

discretion, extend any time-limit established by these regulations

upon a valid reason.

(4) Certificates issued by the Malta Residence and Visa Agency in

respect of applications which were concluded after the lapse of the

time-limits established in sub-regulations (3A) and (3B) of regulation

5, shall be valid for all purposes of the law.

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

registered approved agent and, or registered accredited person to

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

submissions, filings, declarations and notifications contemplated

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

registered approved agent and, The Malta Residence and Visa

Agency may, in its discretion, where it considers appropriate,

communicate directly with the main applicant.

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

made in such form as the Malta Residence and Visa Agency may

require.

(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

w i t h o u t d el a y o f a n y c h a n g e o f a n a p p r o v e d a g e n t a n d , o r

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.