The Malta Residence and Visa Programme Regulations have been published on 25th 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:
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:
Qualifying Property Holding
Beneficiaries under these regulations need to provide evidence of property purchased or leased at the following minimum requirements:
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.
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:
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:
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:
No certificate shall be issued to the applicant unless the above conditions are satisfied to the full satisfaction of Identity Malta.