S.L. 217.26 Art. 17Cessation of certificate. 

(1) A beneficiary and all approved dependants included on a certificate shall cease to benefit from a certificate issued under these regulations if the beneficiary becomes a Maltese, EEA or

Swiss national.

(2) The Agency shall determine that a beneficiary and all persons included on the certificate shall cease to benefit from a certificate issued under these regulations in any of the following circumstances:

(a) if, at any time, after the appointed day, the beneficiary does not satisfy the conditions set out in regulation 15;

(b) if, at any time after the appointed day, the beneficiary no longer remains eligible in terms of regulation 13;

(c) if it transpires that false, misleading or materially inaccurate information was provided to, or material facts omitted or concealed from the Agency during the course of the application process;

(d) if, at any time, after the appointed day, such individual does not fulfil any commitment or condition contemplated in these Regulations, including in particular a commitment referred to in regulation 12;

(e) if the individual’s stay is not in the public interest or the individual is involved in conduct which is seriously prejudicial to the vital interests of Malta;

(f) if the individual has shown himself by act or speech to be disloyal or disaffected towards the President or the Republic of Malta.

(3) Where the Agency determines that a beneficiary shall cease to benefit from a certificate, the beneficiary shall return the certificate to the Agency within a period of one (1) month from the notification of such determination to the agent of the beneficiary.

(4) The Agency shall determine that a person included on the certificate shall cease to benefit from a certificate issued under these regulations, and shall be removed from the certificate, in any of the following circumstances:

(a) if, at any time after the appointed day, the individual no longer remains eligible for inclusion on a certificate;

(b) if it transpires that false, misleading or materially inaccurate information was provided to, or material facts omitted or concealed from the Agency during the course of the application process;

(c) if, at any time, after the appointed day, such individual does not fulfil any commitment or condition contemplated in these regulations;

(d) if the individual’s stay is not in the public interest or the individual is involved in conduct which is seriously prejudicial to the vital interests of Malta; and

(e) if the individual has shown himself by act or speech to be disloyal or disaffected towards the President or the Republic of Malta.

(5) Where the Agency determines that a person included on the certificate shall cease to benefit from a certificate, the beneficiary shall return the certificate to the Agency within a period of one (1) month from the notification of such determination to the agent of the beneficiary, and the Agency shall issue a correction thereto.

(6) Without prejudice to sub-regulations (2) and (4), a beneficiary or a person included on the certificate who is aware of any of the reasons specified in sub-regulations (2) and (4) shall notify the Agency of such event by not later than four (4) weeks from the date when he becomes aware of such event. This notification shall be made on such form as may be required by the Agency.

(7) The Agency shall, in its discretion, have the power to condone any failure to satisfy any one of the conditions in sub-regulations (2) and (4) if:

(a) such failure was due to unforeseen circumstances which are beyond the control of the individual;

(b) such individual notifies the Agency of such failure; and

(c) such individual has exercised his best efforts to remedy the failure.

(8) A beneficiary and all persons included on the certificate shall, with immediate effect, cease to benefit from a certificate issued in terms of these regulations if the beneficiary notifies the Agency of his intention not to remain a beneficiary in terms of these regulations on such form as the Agency may require.

(9) An individual included on a certificate issued to a beneficiary shall, with immediate effect, cease to benefit from a certificate issued in terms of these regulations if the beneficiary or such person notifies the Agency of his intention not to benefit from the certificate in terms of these regulations on such form as the Agency may require.

(10) Until the Agency investigates and determines whether there are grounds for the cessation of the benefits of a certificate issued in accordance with sub-regulations (2) and (4), the Agency shall have the power to give such orders and directions as it deems appropriate in the circumstances including ordering a beneficiary and, or dependent to deposit his residence card with the Agency.