S.L. 217.18 Art. 7Eligibility.

In addition to the qualifications and general requirements as set out in regulation 6, 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 years, as the case may be;

(b) a police certificate in relation to the main applicant and any dependant who is older than fourteen 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 months during the last ten years, or in exceptional cases, where it is proved to the satisfaction of Malta Residence and Visa 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 the age of 14, and any adult dependant, on his own behalf, declaring a clean criminal record; in certain circumstances Malta Residence and Visa Agency may accept that such certificates are submitted at a later date but in any case before the application is approved in principle;

(c) the main applicant and, or any of his dependants are not individuals indicted before an International Criminal Court or who appeared at any time before an International Criminal Court, whether such persons have been found guilty or otherwise by such Court;

(d) the main applicant and, or any of his dependants, are not persons listed with the International Criminal Police Organization (INTERPOL) at the time of application;

(e) 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;

(f) the main applicant and, or any of his dependants shall not be an individual who, at any time, had pending charges related to crimes of terrorism, money laundering, funding of terrorism, crimes against humanity, war crimes, or crimes that infringe upon such Protection of Human Rights and Fundamental Freedoms as established by the European Convention on Human Rights, or who has been found guilty of any such crimes;

(g) 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;

(h) the main applicant and, or any of his dependants is not be 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 two years’ 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;

(i) where a document is required to be produced under these regulations in support of an application:

(i) such document must be an original document or if not an original, it must be a certified copy; and

(ii) 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;

(j) the application is not deemed to be against public interest.