馬耳他移民:馬耳他MRVP項目新政解析

移民 簽證 法律 婚姻 金北方移民資訊 2017-08-03

馬耳他移民:馬耳他MRVP項目新政解析

L.N. 189 of 2017

移民法案(217章)

馬耳他居留與簽證項目規定(修訂),2017

新法

"contribution" means a contribution of thirty thousand euro (€30,000), and where applicable, five thousand euro (€5,000) per parent or grandparent of the main applicant or of the spouse paid in accordance with these regulations

“捐款”是指根據本規定支付的三萬歐元(30,000歐元)和適用的主申請人或配偶的父母或祖父母需要支付五千歐元每人(€5,000/人)

解讀

費用略有增加,但這將允許父母和祖父母單獨遞交申請

新法

the spouse of the main applicant in a monogamous marriage or in another relationship having the same or a similar status to marriage, unless the Minister authorizes otherwise on a case by case basis

主申請人的配偶可以是在一夫一妻制婚姻下或其他具有與婚姻相同或相似情況的關係中的配偶,根據具體情況而定

解讀

這事實上,意味著無論男女之間或同性配偶之間的關係都將被承認

新法

A child, including an adopted child, of the main applicant or of his spouse, who at the time of application is over eighteen years of age, not married, and who proves, to the satisfaction of the Minister that at the time of application he is not economically active and is principally dependant on the main applicant

主申請人或其配偶的子女,包括領養的子女,申請時超過18歲,未婚,且滿足經濟不穩定且依附於主申請人均可申請

a child, including an adopted child, of the main applicant or of his spouse, who at the time of application is not yet born or not yet adopted by the main applicant or by his spouse, and is born or becomes so adopted after the appointed day

申請人或其配偶的子女,包括領養子女,若在申請時還未出生或領養,待出生後或領養後可作為副申請人

解讀

添加副申請人的資格。另外舊法規定子女在26歲以內才具有資格申請,現在取消年齡限制。並且只要子女拿到身份,不會再受到年齡的限制,而將永久有效。

新法

The beneficiary under these regulations, as duly represented by a registered approved agent or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), the spouse of the beneficiary’s or his spouse’s approved child being a child who would have been previously accepted as a dependant in the residence certificate, subject to a successful due diligence check

法規下,主申請人已經批覆馬耳他居留簽證,其配偶或子女通過盡職調查及支付不退還的5000歐元管理費後,可以同樣獲得批覆。

解讀

此條款允許主申請人申請成功後,其配偶或子女後續追加申請,每位成員支付5000歐元管理費用。

新法

The beneficiary under these regulations, as duly represented by a registered approved agent and, or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), any dependant who, after the appointed day, is born to, or adopted by an approved child as defined in the precedent sub-regulation (6) or his spouse, where such spouse is herself already a beneficiary under these regulations according to sub-regulation (6), subject to a successful due diligence check

Provided that an approved dependant, being a child of the main applicant or spouse, who gets married, his or her direct dependants will not derive residency rights under these regulations automatically. In this respect Malta Residence and Visa Agency will consider residency under these regulations, against a non-refundable supplementary administration fee of five thousand euro (€5,000) per dependant and subject to a successful due diligence check

在法規下已經通過居留簽證審核通過的主申請人,其或配偶同樣通過審核的子女,如果結婚,其愛人或孩子可以作為副申請提交申請,進行盡職調查而獲得居留身份,每位申請人支付5000歐元管理費。

解讀

此條款允許主申請人或配偶的成年子女,在結婚後,其愛人或孩子都允許作為副申請人來提交居留卡申請。

新法

a police certificate in relation to the main applicant and any dependant who is older than fourteen years of age at the time of application, issued by the competent authorities in the country of origin and in the country or countries of residence where such a person would have resided for a period of more than six months during the last ten years, or in exceptional cases, where it is proved to the satisfaction of Malta Residence and Visa Agency that such a certificate is not obtainable, a sworn affidavit made by the main applicant, either on his own behalf or on behalf of each of his minor dependants who are over fourteen years of age, and any adult dependant, on his own behalf, declaring a clean criminal record; in certain circumstances Malta Residence and Visa Agency may accept that such certificates are submitted at a later date but in any case before the application is approved in principle

遞交申請時,任何14週歲以上的副申請人都要出示由本國本地的政府機構開具的犯罪記錄證明,任何過去十年內累計住滿超過6個月的國家均需提供。

解讀

法律現在要求十四歲以上的副申請人提供犯罪記錄證明,之前法律規定的是十二歲以上。

新法

(1) A beneficiary shall, with effect from the date of issuing of certificate, cease to benefit from a certificate issued under these regulations:

Following sections have been deleted-

(b) if, at any time, after the appointed day, such individual becomes a long-term resident

(f) if, at any time after the appointed day such individual stays legally and continuously in Malta for a period of four years or more

(1)受益人自簽發之日起,如有以下情況,取消簽發的證明:

以下部分已被刪除-

(b)如在任何時間,此人成為長期居民

(f)在指定日期之後的任何時間,如果此人在馬耳他合法居留四年或更久,

解讀

因此,MRVP持有者可以持續居住在馬耳他超過四年,這將有權申請歐盟長期居留,在歐盟的任何國家居住。

新法

Following the death of a beneficiary, in exceptional circumstances, Malta Residence and Visa Agency shall be empowered to determine that the certificate issued in terms of sub-regulation (3) shall be issued to a dependant of that deceased beneficiary. Such certificate shall be issued once the said dependant provides proof to Malta Residence and Visa Agency that all the requirements of these regulations are satisfied in such manner as Malta Residence and Visa Agency may determine

受益人死亡後,在特殊情況下,根據次級條例馬耳他居留和簽證機構有權決定簽發證書發給該已故受益人的副申請人。一旦所述的副申請人向馬耳他居留和簽證機構提供證明,證明滿足馬耳他居留簽證的申請條件,即可繼承。

The beneficiary under these regulations, as duly represented by a registered approved agent or registered accredited person may apply to Malta Residence and Visa Agency to include on the Main Beneficiary certificate issued under these regulations, and against a non-refundable supplementary administration fee of five thousand euro (€5,000), the spouse of the beneficiary’s or his spouse’s approved child being a child who would have been previously accepted as a dependant in the residence certificate, subject to a successful due diligence check

根據本規定,由註冊認可代理人或註冊認證人員正式代表的受益人可以向馬耳他居留和簽證機構申請納入根據本規定頒發的主受益人證明。此外,支付不可退還的補充管理費用五千歐元(5,000歐元),受益人的配偶或其配偶授權的子女,在之前被接受為居留證上的副申請人的孩子,須經過盡職調查。An additional supplementary administrative fee has been introduced.繼承人增設了行政附加費。

解讀

此部分為新加設條款,簡言之就是若主申請人病故,副申請人只要證明符合條件並證明與主申請人的關係,可以繼承主申請人的身份,需要繳納5000歐元管理費並通過盡職調查。

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