S.L. 217.26 Art. 15Further conditions to be satisfied. 

(1) For the purposes of these regulations, and without prejudice to any rights and duties emanating from the Immigration

Regulations and unless any individual is already in possession of a



residence document or a residence permit issued under 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 the Agency that:

(a) he is a third-country national and is not a Maltese, EEA or Swiss national;

(b) he is not a person who benefits under the

Residents Scheme Regulations, the Highly Qualified Persons

Rules, the High Net Worth Individuals - Non-EU/EEA/Swiss

Nationals Rules, the Malta Retirement Programme Rules, the

Qualifying Employment in Innovation and Creativity (Personal

Tax) Rules or the Residence Programme Rules;

(c) he holds a qualifying property for residence for a minimum five (5) year period from the appointed day, and after the lapse of five (5) years from the appointed day holds a residential property in Malta or Gozo in ownership or by title of lease or emphyteusis:

Provided that where the qualifying property held by the beneficiary consists of qualifying owned property, the beneficiary may, with the Agency’s consent and subject to such conditions as the Agency may impose, replace the said qualifying owned property with another qualifying owned property purchased by the beneficiary. Where the qualifying property held by the beneficiary consists of qualifying rented property, the beneficiary may, with the Agency’s consent and subject to such conditions as the Agency may impose, replace the said qualifying rented property with another qualifying rented property taken on lease by the beneficiary or with a qualifying owned property purchased by the beneficiary:

Provided further that the Agency may carry out spot checks at its discretion to verify whether the property satisfies the definition "qualifying property" in regulation 3, and access to the property shall be granted to the Agency’s officers, employees or third party appointees for such purposes:

Provided further that the Agency may, from time to time, issue guidelines regulating the use which applicants may make of a qualifying property during their temporary periods of absence from Malta;

(d) without prejudice to any other provision of these regulations, 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;

(e) he is, and his dependants are, in possession of a valid travel document;

(f) he is in possession of a health insurance in respect of all risks normally covered for Maltese nationals for himself and his dependants as the Agency considers appropriate from time to time; and

(g) he is in possession of the capital referred to in sub-regulation (2) of regulation 9 for a period of five (5) years commencing from the appointed day.

(2) For the purposes of these regulations, and without prejudice to any rights and duties emanating from the Immigration Regulations and unless any individual is already in possession of a residence document or a residence permit issued under the Immigration Regulations, an individual shall be deemed to be an approved dependant as included on the 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 the Agency that:

(a) he is a third country national and is not a Maltese, EEA or Swiss national; and

(b) he is not a person who benefits under Residents

Scheme Regulations, the Highly Qualified Persons Rules, the

High Net Worth Individuals - Non-EU/EEA/Swiss Nationals

Rules, the Malta Retirement Programme Rules, the Qualifying

Employment in Innovation and Creativity (Personal Tax) Rules or the Residence Programme Rules.

(3) An approved dependant included on a certificate shall not be issued with a residence card unless he proves to the satisfaction of the Agency that he is in possession of health insurance in respect of all risks normally covered for Maltese nationals. An approved dependant issued with a residence card shall at all times maintain such health insurance to the satisfaction of the Agency for the entire duration of the residence card, in default the Agency shall remove the approved dependant from the certificate issued in accordance with regulation 17(4).