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MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

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Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

SUBSIDIARY LEGISLATION 217.26

MALTA PERMANENT RESIDENCE PROGRAMME

REGULATIONS

29th March, 2021

LEGAL NOTICE 121 of 2021, as amended by Legal Notices 57 and

310 of 2024 and 146 of 2025.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

The title of these regulations is the Malta Permanent

Residence Programme Regulations.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(regulations 9 and 11)

L.N. 310 of 2024;

L.N. 146 of 2025.

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

*Vide Regulation 16 of Legal Notice 146 of 2025.

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..

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

The scope of these regulations is to prescribe, in

accordance with article 7A of the Immigration Act, the requirements

and administration of the grant of permanent residency rights on the

basis of investment and to regulate matters ancillary thereto.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(regulation 3)

Repealed by Legal Notice 310 of 2024.

Added by: 

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

In these regulations, unless the context otherwise

requires

"Act" means the Immigration Act;

"Agency" means the Residency Malta Agency established by

the Malta Residency Visa Agency (Establishment) Order;

"agent" means an agent duly licensed by the Agency in

accordance with these 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

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;

MALTA PERMANENT RESIDENCE PROGRAMME

"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;

"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 Agency’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, but has not yet attained twenty-nine

(29) years of age and is not married at the time when the main

applicant submits the application, 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 is not in a full-time employment, and 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

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;

"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) Regulations; or

(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 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 three hundred and seventy-five thousand

euro (€375,000) for a property situated in Malta or Gozo

Provided that an immovable property purchased before

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

hundred and seventy-five thousand euro (€375,000), 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 three

hundred and seventy-five thousand euro (€375,000) 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 three hundred and

seventy-five thousand euro (€375,000), it shall, in all cases, be within

the power of the Agency to decide whether or not the requirement is

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 fourteen thousand euro (€14,000)

per annum for a property situated in Malta or Gozo;

"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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(regulation 5(2))

L.N. 146 of 2025.

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).

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

An individual making any application in terms of

these regulations shall make use of the services of an 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

these 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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

Persons who intend to render services to

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

The Agency shall establish a register of all agents

of the Programme who are licensed in accordance with these

regulations. 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

licence 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 surrenders his licence in accordance with regulation 8A.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME 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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

MALTA PERMANENT RESIDENCE PROGRAMME

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

An agent shall

(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 without delay of its intention to

renounce to the engagement or if such engagement 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.

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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 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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

An individual who has attained the age of

eighteen (18) years, as duly represented by an agent, may apply to the

Agency for the issuance of a certificate under these regulations, in

such form as 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 fifteen thousand euro

(€15,000) 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 within one (1) month from the date of

the submission of the application.

(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

(a)

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 may consider appropriate in its sole

discretion; or

(b)

having a value of not less than six hundred and fifty

thousand euro (€650,000), out of which a minimum

of seventy-five thousand euro (€75,000) shall be in

the form of financial assets, as the Agency may

consider 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 the non-refundable

administration fee payable in respect of dependants referred to in

paragraphs (c) and (d) of the definition "dependant" in regulation 3 as

indicated in the 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 health 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.

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

When applying for a certificate in accordance

with 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 and subject to the payment to the Agency, for each and

every dependant, except for a dependant referred to in paragraphs (a),

(b) and (e) of the definition "dependant" in regulation 3, of a non-

refundable administration fee 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 non-refundable administration fee 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 non-refundable administration fee 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 non-refundable

administration fee 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

MALTA PERMANENT RESIDENCE PROGRAMME

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 in respect of such dependant and

payment to the Agency of a non-refundable administration fee as

indicated in the First Schedule.

(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)

Deleted by Legal Notice 146 of 2025.

(8)

Deleted by Legal Notice 146 of 2025.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

Applications

for

a

certificate

shall

be

accompanied by

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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

MALTA PERMANENT RESIDENCE PROGRAMME

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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

MALTA PERMANENT RESIDENCE PROGRAMME

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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

(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

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;

(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 a health 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 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; and

(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.

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

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

of the Agency that he is in possession of health insurance in respect

of all risks normally covered for Maltese nationals. An approved

dependant issued with a residence card shall at all times maintain

such health insurance to the satisfaction of the Agency for the entire

duration of the residence card, in default the Agency shall remove

the approved dependant from the certificate issued in accordance

with regulation 17(4).

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

(10)

Until the Agency investigates and determines whether

there are grounds for the cessation of the benefits of a certificate

issued in accordance with sub-regulations (2) and (4), the Agency shall

have the power to give such orders and directions as it deems

appropriate in the circumstances including ordering a beneficiary and,

or dependent to deposit his residence card with the Agency.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

Any decision, determination or verification to be

made by the 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 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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

Nothing in these regulations shall prejudice the

applicability of the General Data Protection Regulation and the Data

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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 Tax and Customs, the Financial Intelligence

Analysis Unit, the Malta Financial Services Authority, the Malta

Business Registry, 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.

(5)

Without prejudice to the provisions of the other sub-

regulations, the Agency shall also have the power to furnish to the

Commissioner for Tax and Customs the name and surname,

nationality, date of birth, residence address in the original jurisdiction

of tax residence and tax information registration number of the

beneficiary and the dependants included on a certificate issued in

accordance with these regulations.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

Without prejudice to regulations 20 and 21, all

information obtained through the due diligence process and its sources

shall be kept secret.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

Any person may make a protected disclosure to the

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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

The fees set out in the First Schedule, as the case

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

(2)

The provisions of the Fees Ordinance shall apply to the

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

the said Ordinance.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(1)

The Agency may make payments for promotional

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

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 one (1) month 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 (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.

Laws of Malta — Subsidiary Legislation 217.26 — MALTA PERMANENT RESIDENCE PROGRAMME REGULATIONS

(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.

Substituted by: 

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