Malta Residence and Visa Regulations, 2015

The Malta Residence and Visa Programme Regulations have been published on 25^th August 2015 in terms of the Immigration Act by means of Legal Notice 288 of 2015. 

Main Beneficiary and his dependants

The main beneficiary who is at least 18 years of age and who is a Non-EU National, (which for the purposes of these regulations means a person who is not a Maltese national or an EU national or EEA national or Swiss national) is the person issued with Certificate in terms of these regulations.  The beneficiary’s dependants are:

1. The beneficiary’s spouse;
2. A child including an adopted child of the main applicant or his spouse, who is less than 18 years of age;
3. a child of the main applicant or of his spouse who is between the age of 18 and 26 years and who is not married and who proves, to the satisfaction of the Minister, that he is not economically active and is principally dependant on the said person;
4. a parent or grandparent of the main applicant or of his spouse who proves to the satisfaction of the Minister that he is not economically active and is principally dependant on the said person;
5. a child of the main applicant or of the spouse of the main applicant who is at least 18 years of age, and who has been certified by a recognized medical professional as having a disability in terms of the Equal Opportunities (Persons with Disability) Act and who is living with, and is fully supported by, the main applicant.

None of the above individual including the main beneficiary may be 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.

However, beneficiaries of the Global Residence Programme shall be allowed to apply for the issuance of a certificate in terms of these regulations subject to satisfying all the additional eligibility requirements of these regulations.

Conditions and Requirements

For the purposes of these regulations, and without prejudice to any rights and duties emanating from 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 Identity Malta that:

1. he is a third country national and is not a Maltese, EEA or Swiss national;
2. 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;
3. he holds a qualifying property for a minimum five (5) year period from the date of issuing of certificate;
4. he holds a qualifying investment for a minimum period of five (5) years from the date of issuing of certificate;
5. 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;
6. he is and his dependants are all of a clean police conduct as specified in these regulations;
7. he is and his dependants are in possession of a valid travel document;
8. he is in possession of sickness insurance in respect of all risks across the whole of the European Union normally covered for Maltese nationals for himself and his dependants;
9. he provides an affidavit declaring that from the date of the application onwards he has either an annual income of not less than €100,000 arising outside Malta or has in his possession a capital of not less than €500,000.

Qualifying Property Holding

Beneficiaries under these regulations need to provide evidence of property purchased or leased at the following minimum requirements:

• Owned Immovable property situated in Malta other than in the south of Malta - €320,000
• Owned Immovable property situated in the south of Malta and in Gozo - €270,000
   
• Rented Immovable property situated in Malta other than in the south of Malta - €12,000 per annum
• Rented Immovable property situated in the south of Malta and Gozo - €10,000 per annum

An immovable property purchased before the date of coming into force of these regulations for a consideration which is less than the amounts indicated 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 applicant, is not less than the amounts indicated above as supported by a separate and independent architect valuation including architect’s plan which are delivered to Identity Malta upon application. 

Provided further that Identity Malta, or any officer authorised by it in writing, architect or surveyor shall have full and free access to the qualifying owned property to the extent that such access is likely to assist him in determining the value of the said property. 

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Rights to Certificate Holders

A certificate issued by Identity Malta in terms of Article 7 of the Immigration Act, 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:

1. the certificate shall be monitored annually for the first five years from its issue, and every five years thereafter, and it shall be considered to have been ipso iure withdrawn as soon as the beneficiary thereof infringes any of the provisions of these regulations;
2. the said certificate shall not by itself entitle the holder thereof to any other rights mentioned in the Immigration Regulations.

Cessation of Certificate

A beneficiary shall, with effect from the date of issuing of certificate, cease to benefit from a certificate issued under these regulations if:

1. the individual becomes a Maltese, EEA or Swiss national;
2. at any time, after the appointed day, such individual becomes a long-term resident;
3. at any time, after the appointed day, such individual does not satisfy any of the conditions and requirements;
4. at any time after the appointed day, individual no longer remains eligible due to the conduct or criminal offences or similar charges as specified in these regulations;
5. the individual’s stay is not in the public interest;
6. at any time after the appointed day such individual stays legally and continuously in Malta for a period of four years or more; or
7. at any time, after the appointed day, such individual does not fulfil any commitment contemplated in these regulations. 

An individual who ceases to benefit from a certificate issued in terms of these regulations shall notify Identity Malta of such event by not later than four weeks from the date when he becomes aware of such event.  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).

Application and Authorised Registered Mandatory (ARM) / agent requirement

An individual, as duly represented by a registered approved agent and, or registered accredited person may apply to Identity Malta for the issuance of a certificate under these regulations by paying a non-refundable administrative fee of €5,500. 

When it is established that the individual qualifies as a beneficiary, Identity Malta shall determine in writing that such individual is to be issued a certificate under these regulations.  Upon such determination in writing and prior to the issuance of the certificate, the applicant, as duly represented by a registered approved agent and, or registered accredited person, shall:

1. pay the contribution of €30,000 less the non-refundable administrative fee already paid upon presentation of the application;
2. present the necessary title to a qualifying property;
3. present a certificate to a qualifying investment of €250,000 and
4. present any other document as may be required from time to time by notice issued by Identity Malta. 

No certificate shall be issued to the applicant unless the above conditions are satisfied to the full satisfaction of Identity Malta.