S.L. 217.26 Art. 3Interpretation. 

In these regulations, unless the context otherwise requires:

"Act" means the Immigration Act;

"Agency" means the Residency Malta Agency established by the Malta Residency Visa Agency (Establishment) Order;

"agent" means an agent duly licensed by the Agency in accordance with these regulations;

"application" means, as the case may be, an application for the issuance of a certificate or for inclusion on a certificate issued in terms of these regulations;

"appointed day" means the date on which the Agency issues a certificate to a beneficiary in terms of these regulations;

"Approvals Board" means the Approvals Board established by the Malta Residency Visa Agency (Establishment) Order;

"authenticated translation" means a translation made by a recognised translator in such format as determined by the Agency from time to time;

"beneficiary" means a third-country national who has been issued a certificate in terms of these regulations;

"certificate" means a Residence-by-Investment Certificate issued by the Agency in accordance with regulation 10;

"certified copy" means a photocopy of an original document certified by a duly warranted lawyer or notary public, commissioner for oaths, a Maltese consular or diplomatic officer or an officer of the Agency; "Commissioner" means the Information and Data Protection

Commissioner as defined by the Data Protection Act;

"conduct certificate" means a certificate of conduct, report, clearance certificate, or statement from a national law enforcement authority or other public authority;

"contribution" means the investment requirement in the Maltese economy by payment to the Agency of the sums indicated in the First Schedule in relation to an application in terms of regulation 9;

"dependant" means the family members of a main applicant submitting an application in terms of these regulations and shall include:

(a) the spouse of the main applicant in a monogamous marriage or in another relationship having the same or a similar status to marriage, including a civil union, domestic partnership, common law marriage, provided that for the purpose of these regulations, the term "spouse" shall be gender neutral, and saving the Agency’s discretion to authorise, on a case by case basis, other relationships having a similar status as aforesaid;

(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 (18) 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 over eighteen (18) years of age, but has not yet attained twenty-nine

(29) years of age and is not married at the time when the main applicant submits the application, and who proves, to the satisfaction of the Agency that at the time of application he is principally dependent on the main applicant;

(d) a parent or grandparent of the main applicant or of his spouse, who is not in a full-time employment, and who proves to the satisfaction of the Agency that at the time of application he is principally dependant on the main applicant; or

(e) an adult child of the main applicant or of the spouse of the main applicant who has been certified by a recognised medical professional or authority as having a disability in terms of the Equal Opportunities (Persons with

Disability) Act: Provided that in all cases referred to in paragraphs (a) to

(e) above, he is not a beneficiary 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;

"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 Agency, before issuance of a certificate under these regulations;

"due diligence data" means any personal data pertaining to the applicant collected and processed by the Agency as part of the due diligence process, excluding the personal data collected by the Agency directly from the applicant;

"General Data Protection Regulation" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"Letter of Approval in Principle" means the letter issued by the Agency upon approval in principle of the residence-by-investment application by the main applicant as provided for in sub-regulation (3) of regulation 9;

"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; or

(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 9;

"Minister" means the Minister responsible for immigration;

"minor" is a person who has not yet attained the age of eighteen

(18) years;

"non-refundable administration fee" means the administrative fees which are payable in part at the time of submission of the application and the remaining balance which is payable after the issuance of the Letter of Approval in Principle, and which is not refundable;

"property" means any immovable property situated in Malta or Gozo and any right over such property;

"Programme" means the Malta Permanent Residence Programme set up by virtue of these regulations;

"public interest" includes the interests of public safety, the protection of public order, national security, territorial integrity, public health or morals;

"qualifying owned property" means an immovable residential property purchased or acquired by title of emphyteusis at a consideration of not less than three hundred and seventy-five thousand euro (€375,000) for a property situated in Malta or Gozo:

Provided that an immovable property purchased before the date of application for a consideration which is less than three hundred and seventy-five thousand euro (€375,000), and on which works have been carried out at the expense of the main applicant after the purchase, shall be considered to be a "qualifying owned property" insofar as the value of such immovable property is not less than three hundred and seventy-five thousand euro (€375,000) as supported by an independent architect’s detailed valuation report including a plan of the property and a description of works undertaken:

Provided further that the Agency may, in its discretion, appoint an architect to determine the value of the qualifying owned property. In such case, officers of the Agency and, or any architect appointed by the Agency for this purpose shall be granted full and free access to the qualifying owned property to the extent that such access is likely to assist in determining the value of the said property:

Provided further that where an immovable property is purchased for a consideration which is less than three hundred and seventy-five thousand euro (€375,000), it shall, in all cases, be within the power of the Agency to decide whether or not the requirement is satisfied;

"qualifying property" means a qualifying owned property or a qualifying rented property, as the case may be, which meets the general health and safety standards in force in Malta from time to time, and is normal for a comparable family in Malta, as the Agency considers appropriate for residence in its discretion;

"qualifying rented property" means a residential property taken on lease for a rent of not less than fourteen thousand euro (€14,000) per annum for a property situated in Malta or Gozo; "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.