S.L. 188.3 ст. 7Application process.

(1) Every application shall be presented to, and examined by, the Agency, either directly or through the concessionaire.

(2) the Agency shall either directly or through the concessionaire cause due diligence checks to be performed by one or more internationally recognized specialised due diligence agents which in any case are to be approved by the Agency, in respect of every applicant. Such due diligence checks shall be of a four tier nature. The Agency shall in any case be responsible for the proper carrying out of due diligence tests and shall also carry out due diligence tests independently of the concessionaire.

(3) Where a lawyer or notary public certifies a document to be a true copy of the original, that document must be authenticated by -

(a) an apostille in accordance with the provisions of the Hague Convention of 5th October 1961 Abolishing the Requirement for Legalisation for Foreign Public Documents, in the case of a jurisdiction that is a party to that Convention; or

(b) a validation of the certificate of the lawyer or notary public by the appropriate government department in the case of a jurisdiction that is not a party to that Convention; or

(c) a validation of the certificate by a Maltese consular or diplomatic representation in the case of a jurisdiction that is not a party to that Convention.

(4) Within ninety days of the presentation of an application for citizenship, the Agency shall verify that:

(a) the application has been certified as formally correct;

(b) all relevant information provided by the applicant has been verified by one or more independent due diligence agents;

(c) the background of the applicant and his dependants, if applicable, has been verified by one or more independent due diligence agents;

(d) all required due diligence fees, passport fees and bank charges fees as well as a non-refundable payment, as defined in the Schedule, towards the contribution has been paid;

(e) the source of all funds have been verified; and

(f) an appropriate risk weighting has been carried out.

(5) Within thirty days from the date of the completion of the verification referred to above, the Agency shall further review the application submitted to it, shall carry out appropriate further background checks, if it deems necessary, and shall notify the concessionaire and, where applicable, the Approved Agent in writing, in accordance with the Minister’s instructions, that the application has been -

(a) approved in principle;

(b) refused; or

(c) delayed for the cause that it is still being processed:

Provided that where an application is approved in principle in accordance with paragraph (a), the Agency shall issue a Letter of Approval in Principle to the main applicant informing him that he must provide:

(a) evidence that the main applicant and dependants are covered by a global health insurance policy and they declare that they are in a position to retain such a policy indefinitely;

(b) a written undertaking to either:

(i) acquire and hold a residential immovable property in Malta having a minimum value of three hundred and fifty thousand euro (EUR 350,000); or

(ii) take on lease a residential immovable property in Malta for a minimum annual rent of sixteen thousand euro (EUR 16,000): Provided further that the proof required under this sub-regulation shall be provided within four months from the issue of the Letter of Approval in Principle by the submission of a contract of purchase or of lease of the said property to the Agency. Property purchased or taken on lease for the purposes of these regulations may not, after having been purchased or taken on lease be let or sublet but such property shall be retained by the applicant for a period of at least five years from the date of purchase or lease: Provided further that when the applicant has purchased or taken on lease a residential immovable property in accordance with these regulations, he shall be entitled to dispose of the property or terminate the leasehold, provided that he proves to the satisfaction of the Agency that he has purchased or taken on lease another residential property in Malta which satisfies all the requisites set by these regulations and other relevant regulations which may be in force from time to time and commits himself to retain the said property until the expiration of the period of five years established in this sub-regulation.

(6) The main applicant shall provide a written undertaking that he will make such other investments in Malta to an amount of one hundred and fifty thousand euro (EUR 150,000), amongst others, in stocks, bonds, debentures, special purpose vehicles or other investment vehicles as may be identified from time to time by the Agency by means of a notice in the Gazette and to retain the said investments for a period of not less than five years:

Provided that the proof required under this sub-regulation shall be provided within four months from the issue of the Letter of Approval in Principle by the submission to the Agency of proof that the said investments have been made.

(7) A personal interview with an applicant shall not be a mandatory requirement but may be recommended by the concessionaire and, or considered by the Agency, on a case by case basis. The procedures applicable to personal interviews shall be determined by the Agency.

(8) Within five days of the approval in principle under sub-regulation (5)(a) the main applicant shall be instructed to remit the contribution less the non-refundable payment already received, to be received within twenty days from such instruction. Upon receipt of the contribution less the non-refundable payment, the Agency shall, provided that the conditions of the Letter of Approval in Principle have been satisfied, notify the Minister to issue a certificate of naturalisation.

(9) Within two years but not less than six months from the date of application and subject to a verification that the conditions of the Letter of Approval in Principle have been satisfied as provided in sub-regulation (8), the Minister shall, provided that the conditions of these regulations are still satisfied, issue a certificate of naturalisation in the name of the applicant subject to sub-regulation (11).

(10) Within five days of issuance of such certificates, the concessionaire shall complete the necessary disbursements of the contribution to the Agency and shall retain the amount due to the concessionaire. Upon receipt of the contribution the Agency shall pay twenty per cent of the same into the National Development and Social Fund and shall pay the remainder into the Consolidated Fund.

(11) The certificate of naturalisation shall only become effective and be made available to the applicant, and the application for a passport may only proceed, after the oath of allegiance has been taken by the applicant.

(12) No certificate of naturalisation under these regulations shall be issued unless the main applicant provides proof that he has been a resident of Malta for a period of at least twelve months preceding the day of the issuing of the certificate of naturalisation.

(13) In the event of unavoidable circumstances, which cannot be attributed to the applicant or his Agent, due to which the terms of sub-regulations (5), (8) and (9) of this regulation cannot be observed or met, the Agency can extend these terms as it can be reasonable in these circumstances.