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Identita Malta Introduces Grace Period for TCN Applications Amid Row with Legal Professionals


 

September 07 2024 14:42 by PCLMedia
 
Identità, the state agency responsible for issuing residence permits, has announced a "grace period" for applications from third-country nationals (TCNs) amid an ongoing dispute with notaries and lawyers. The conflict arose following the introduction of a new requirement mandating that lease agreements submitted by TCN applicants must be officially attested by a notary, lawyer, or legal procurator.

New Requirements Spark Controversy

Previously, TCN applicants were only required to present a Housing Authority registered lease agreement when applying for residence permits. However, the new rule mandates additional attestation by legal professionals, which Identità claims will enhance security measures and prevent fraudulent submissions.

The policy change follows allegations made by lawyer and former Nationalist Party MP Jason Azzopardi, who claimed that a significant scam within Identità led to the issuance of ID cards based on forged documents. According to Azzopardi, approximately 18,000 ID cards were fraudulently issued, prompting Identità to introduce stricter measures in the application process.

Professionals Push Back Over Verification Concerns

Despite Identità’s justification, the Notarial Council and the Chamber of Advocates have instructed their members not to comply with the new attestation requirement, citing concerns over the ability to verify the authenticity of documents reliably. The professionals argue that without a clear framework and accountability for verifying the legitimacy of lease agreements, they are unwilling to risk endorsing potentially false information.

Identità Defends New Measures as Essential Security Enhancements

In response to the standoff, an Identità spokesperson defended the new attestation requirement, emphasizing its role in safeguarding against abuse and closing loopholes in the system.

“The agency’s objective is to strengthen its systems, prevent any form of abuse, and close any potential loopholes that could be exploited by those who do not comply,” the spokesperson said.

Temporary Grace Period Implemented to Ensure Continuity

To mitigate disruptions, Identità has introduced a temporary grace period allowing TCN applicants to submit applications without the newly required attestation while the agency continues discussions with legal professionals. During this time, Identità is working closely with relevant stakeholders to ensure a smooth transition to the new system.

“Identità remains fully committed to delivering streamlined and efficient processes for all stakeholders involved in its application procedures while maintaining the highest standards of security,” the agency said in a statement.

Ongoing Negotiations and Future Implications

Negotiations between Identità and professional bodies are ongoing, with both sides seeking a resolution that addresses the security concerns raised by the agency and the verification issues highlighted by notaries and lawyers. The outcome of these discussions could have broader implications for the process of obtaining residence permits in the future, particularly for TCNs who rely on legal professionals for their applications.

The current impasse underscores the challenges faced by state agencies in balancing security enhancements with the practicalities of implementation, especially when involving third parties in official processes. As Identità continues its efforts to strengthen its procedures, the collaboration—or lack thereof—with legal professionals will be critical in determining the effectiveness of these new measures.
 
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