S.L. 217.4 Art. 2Interpretation.

In these regulations, unless the context otherwise requires -

"the Act" means the Immigration Act; "border check" means a check carried out at such border crossing point exclusively in response to a person’s intention to pass through the border crossing points;

"border crossing points" means any crossing point as may be designated from time to time by the Principal Immigration Officer for the crossing of external borders into Malta; "border officer" means a public officer assigned by the Principal Immigration Officer, to a designated border crossing point to conduct border checks to ensure that persons may be authorised to enter the territory of Malta or authorised to leave the said territory. For the purpose of these regulations, "border officers" shall not include other members of disciplined forces conducting border checks at border crossing points;

"citizen of the Union" means a national of any Member State and includes Maltese nationals where the context so requires; "Common Consular Instructions" means the "Common Consular Instructions on visas for the diplomatic missions and consular posts of the Contracting Parties to the Schengen Convention" issued by the European Union as defined in the European Union Act;

"dependant" in relation to another person means -

(a) for right of residence -

(i) his spouse and their descendants under twenty-one years of age or who depend on them;

(ii) his ascendants and those of his spouse who depend on them;

(b) for right to employment -

(i) his spouse;

(ii) their children under twenty-one years of age or who depend on such person; "employment agency" means the public agency on employment service set up in terms of the Employment Agencies Regulations;

"identification document" includes a valid passport, identification card, travel document or other appropriate document as the Minister may, by notice in the Gazette, designate as such for the purposes of these regulations; "licence" means such employment licence as may be required for the holder to engage as an employed person or to carry out some other economic activity in Malta;

"Maltese national" means any person deemed to be a citizen of Malta in virtue of the Constitution of Malta and any other law as may be in force; "Member State" has the same meaning as that of "Agreement State" as defined in the Act; "non-habitual resident" shall have the same meaning as assigned to it in the On the Spot Fines (Non-habitual Residents) Regulations; "on the spot fine" shall have the same meaning as assigned to it in the On the Spot Fines (Non-habitual Residents) Regulations;

"person to be refused entry" means a person who in the opinion of the Principal Immigration Officer is to be withheld from crossing a border crossing point; "residence document" includes a permit issued under article 4A of the Act to dependants of citizens of the Union, who are not themselves citizens of the Union, and in particular includes an authorisation of any type, whether temporary or not, or whether given for a special or purpose, giving the right of residence ad hoc within the territory of Malta; "residence permit" includes a permit issued under article 4A of the Act, and in particular includes an authorisation of any type, whether temporary or not, or whether given for a special or ad hoc purpose, giving the right of residence to a citizen of the Union within the territory of Malta; "Schengen Agreement" has the same meaning as that of "Border Agreement" as defined in the Act and "Schengen" shall be construed accordingly;

"third country" means any state except Malta or any another Member State;

"third country national" means a person who is not a citizen of the Union;

"travel document" means such document as entitles the holder to cross a border crossing point;

"uniform residence permit" means a permit issued under article 4A of the Act, and in particular means an authorisation of any type giving the right of residence within the territory of Malta to a third country national who is not dependent upon a citizen of the Union. This definition shall not include temporary permission for residence in Malta for the purpose of the processing of an application for asylum or an application for a uniform residence permit; "visa" means an authorisation issued in terms of article 8 of the Act for the purpose of these regulations.