S.L. 217.18 Art. 5Application.

(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, of providing the certificate to a in lieu 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 of providing the certificate to a qualifying in lieu 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) of providing the certificate in lieu 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 of providing the certificate to a qualifying in lieu 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.