S.L. 217.18 Art. 2Interpretation.

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;

"Malta Residence and Visa Agency" means the agency established by the Malta Residence and Visa Agency (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 submission 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.