Application For A Permanent Residence Certificate - Identity Malta (Page 4 of 4) in pdf

Right of permanent residence — Extract from Subsidiary Legislation 460.17

(Free movement of European Nationals and their Family Members Order)

(1)

Subject to the provisions of this article, a Union citizen who has resided legally for a continuous period of

five years in Malta and his family members who are not nationals of a Member S t a t e a n d w h o h a v e l e g a l l y r e s i d e d

with him in M a l t a f o r a continuous period of five years and persons referred to in article 5 as applicable, may reside

permanently in M a l t a and such right, once acquired, s h all not, without prejudice to any p r o v i s i o n s o f articles 12

and 13 which may apply, be subject to the conditions provided for in articles 8, 9, 10 or 11:

Provided that a person who is a Union citizen and who is referred to in article 5 shall, before acquiring the right of

permanent r e s i d e n c e , b e a b l e t o s h o w t h a t h e s a t i s f i e s t h e c o n d i t i o n s mentioned in articles 8, 9, 10 or 11 as applica-

ble:

Provided further that a person referred to in article 5(1), (2) and (3), who is not a Union citizen shall, before acquir-

ing the right o f p e r m a n e n t r e s i d e n c e , b e a b l e t o s h o w t h a t h e s a t i s f i e s t h e conditions mentioned in articles 8, 9 or 11 as

applicable or, in the case of his family members, they are members of the family already constituted in Malta.

(

The Director shall require the Union citizen and his family members referred to in this article to provide proof of

continuous residence as may be prescribed.

(3)

Continuity of residence shall not be affected by:

(a) temporary absences not exceeding a total of six months in each year; or

(b) absences of a longer duration for compulsory military service; or

childbirth, serious illness, study or vocational training, or a posting in another Member State or a third

country.

(4)

Once permanent residence is acquired, the Union citizen and his family members shall only lose such status of

permanent residence through absence from Malta for a period exceeding two consecutive years.

(

The following persons shall enjoy permanent residence in Malta before completion of the continuous period of

five years of residence provided for in sub article (1):

(a)

a worker or self-employed person who, at the time of his termination of employ-

ment, has reached the retirement age, provided that such person has been working in Malta

for at least twelve months prior to the termination of his employment and has resided in

Malta continuously for more than three years prior to such termination;

(b)

a worker who has ceased paid employment to take early retirement, provided that

such worker has been working in Malta for at least twelve months prior to the ter-

mination of his employment and has resided in Malta continuously for more than three

years prior to such termination;

(c)

a worker or self-employed person who has resided continuously in Malta for more than

two years and has stopped working as a result of permanent incapacity to work, pro-

vided that the required minimum residence period shall not apply if such incapacity is

the result of an accident at work or an occupational disease entitling him to a

pension for which an institution or body in Malta is wholly or partially responsible;

(d)

a worker or self-employed person who after three years of continuous employ-

ment and residence in Malta works in an employed or self-employed capacity in an-

other Member State, while retaining his place of residence in Malta to which he

returns, as a rule, at least once a week.

(6)

For the purposes of entitlement to permanent residence by the persons referred to in sub

article (5)(a), (b) and (c), periods of employment spent in another Member State in which such per-

son concerned has worked or is working, shall be regarded as having been spent in Malta.

(7)

For the purposes of sub article (5)(a), (b) and (c) -

(a) periods of inactivity for reasons not of the person’s own making,

(b) periods of inactivity due to illness or accident, and

shall be treated as periods of activity as a worker or self-employed person.

(8)

Without prejudice to any rights that may be enjoyed under the Act, the conditions as to

length of residence and employment laid down in sub article (5)(a), (b) and (c) shall not

apply if the spouse of any such person is a former citizen of Malta who has lost Maltese

citizenship by reason of marriage to him.

(9)

Family members of the person referred to in subarticle (5) and who are residing with him in Malta,

shall have the right of permanent residence if such person has acquired such right:

Provided that, without prejudice to any rights that may be enjoyed under the Act, if such worker or self-

employed person dies while still working before having acquired the right to remain permanently in

Malta, family members shall be entitled to the right of permanent residence in Malta if -

(a)

such person had, on the date of his death, resided continuously in Malta for two years;

(b)

that his death resulted from an accident at work or an occupational disease; or

(c)

that the surviving spouse is a former citizen of Malta and has lost Maltese citizenship

by reason of marriage to such person.

Department for Citizenship and Expatriate Affairs

Evans Building, St. Elmo Square Valletta

Application For A Permanent Residence Certificate - Identity Malta Page 4

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