Immigration Regulations, 2004

L.N. 205 of 2004

IMMIGRATION ACT

(CAP. 217)

Immigration Regulations, 2004

IN exercise of the powers conferred by articles 4A and 36 of

the Immigration Act, the Deputy Prime Minister and Minister for

Justice and Home Affairs has made the following regulations:-

PART I

PRELIMINARY

(1) The title of these regulations is the Immigration Title and

commencement.

Regulations, 2004.

(2) These regulations shall come into force on 1st May,

2004, except for regulation 12(3) which shall come into force on

such date or dates as the Minister may by notice in the Gazette

appoint.

In these regulations, unless the context otherwise requires:- Interpretation.

“the Act” means the Immigration Act;

“border crossing point”, unless otherwise provided by or

under these regulations, means any crossing point between

states, and “border check” means a check carried out at such

border crossing point in response exclusively to an intention to

pass through the border crossing point;

“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 and

Training Services Act;

“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;

“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 ad hoc purpose, giving

the right of residence 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.

PART II

Entry, Free Movement and related rights of Citizens of the

Union and their Dependants

(1) Subject to the provisions of these regulations, a Citizen General

provisions.

of the Union shall have the right to enter, remain and reside in Malta,

seek and take up employment or self-employment therein, and such

rights shall, subject to what is stated in these regulations, be also

applicable to dependants.

(2) Subject to limitations justified on grounds of public

policy, public security or public health, a Citizen of the Union shall

have the right of entry and exit simply on production of a valid

identification document and to move freely within Malta for a period

of three months, commencing on the date of entry, or such other

period as may be prescribed

Provided that, where he intends to reside for a longer

period, he shall apply for and be granted a residence permit as

specified in these regulations.

(3) The period of three months referred to in the

preceding subregulation is extendable to six months in the case of a

person who provides evidence that, subject to the provisions of these

regulations, he is genuinely seeking employment and has a genuine

prospect of securing employment by the end of the said period of

six months.

(4) The Principal Immigration Officer shall not refuse

entry into Malta, nor shall he refuse to issue or renew a residence

permit or other residence document, or any stamp or visa, as the

case may be, to which the persons referred to under this Part are

entitled, nor shall he remove such persons, except where such refusal

or removal is justified on grounds of public policy, public security

or public health.

(5) Where action is taken in accordance with the

preceding subregulation, such refusal or removal shall be based

exclusively on the personal conduct of the individual concerned,

and previous criminal convictions shall not in themselves constitute

grounds for the taking of such measures.

(6) Expiry of the identification document used by a

Citizen of the Union and his dependants to enter Malta and the failure

of such persons to obtain a residence permit or a residence document

as the case may be, shall not, by itself, justify removal from Malta.

(7)

When the Principal Immigration Officer refuses

entry to or refuses to issue a first residence permit to any Citizen of

the Union on grounds of public health, reference may only be made

to the diseases and disabilities mentioned in any regulation made

under articles 44 and, or, 50 of the Prevention of Disease Ordinance.

Diseases or disabilities occurring after a first residence permit has

been issued shall not, by themselves, justify refusal to renew the

residence permit or for removal from Malta.

(1) Any Citizen of the Union may reside in Malta but

Right of residence.

where such residence is to exceed the period mentioned in

subregulation (2) of regulation 3, or when, during the six month

period mentioned in subregulation (3) thereof, such citizen takes up

employment, he shall apply for a permit and the Principal

Immigration Officer shall, subject to the provisions of these

regulations, issue the citizen and, where applicable, his dependants,

with a residence permit or a residence document.

(2) Save as otherwise provided for in this regulation, a

residence permit shall be valid for a period of five years from the

date of issue and shall, in normal circumstances, be automatically

renewable.

(3)

Breaks in residence not exceeding six consecutive

months and absence on military service shall not affect the validity

of the residence permit.

(4) Without prejudice to any rights which dependants may

enjoy in terms of these regulations, they shall have the right of

residence in Malta only for as long as the right of residence of the

Citizen of the Union continues and the conditions mentioned therein

continue to subsist.

(5) The Principal Immigration Officer shall facilitate the

admission of a family member if such person is economically

dependent upon the Citizen of the Union or shares the same abode

in the country where they resided before coming to Malta.

(6) A residence permit and, or, residence document shall

specify whether the residence has been taken up for the purpose of

long-term or permanent stay in Malta, for work, study or other

purpose.

(7) Whenever a person wishes to change the scope for

which a residence permit and, or, a residence document has been

issued, he shall apply to the Principal Immigration Officer, and such

Officer shall, subject to the provisions of these regulations in

particular those relating to work, issue a new residence permit and,

or, a residence document.

(8) The provisions of these regulations shall be without

prejudice to the provisions of any law regulating the acquisition of

property in Malta by non Maltese nationals and a residence permit

or a residence document shall not, by itself, entitle the holder to

acquire or hold property in Malta over and above what is regulated

by the Immovable Property (Acquisiton by Non-Residents) Act.

(1) Where a Citizen of the Union wishes to take up Residence and

employment (hereinafter referred to as “the worker”) no such employment.

employment can be undertaken unless, in addition to a residence

permit, a licence has been issued, provided that such licence shall

not, subject to what is stated herein, be withheld.

(2) The provisions of these regulations shall be without

prejudice to any restrictions on employment on grounds of citizenship

in those sectors of the Public Service that are open only to Maltese

Nationals.

(3) Where a Citizen of the Union is a worker pursuing

an activity as an employed person in Malta, his dependants shall,

even if they are Third Country Nationals, have the right to install

themselves with the worker, and for such purposes, they shall be

issued with a residence permit or a residence document as the case

may be, subject to the same rights and conditions as the residence

permit held by the person of whom they are dependants, including

the right to take up an activity as an employed person in Malta

provided that the worker shall have available for his dependants,

accommodation considered as normal for Maltese workers.

(4) Entitlement to a residence permit and, or, residence

document for the purpose of employment shall be evidenced as

follows

(a)

by the worker

(i) production of a valid identification document

with which the Citizen of the Union entered Malta; and

(ii)

production of a licence;

(b)

by the dependants

(i)

a valid identification document; and

(ii) a visa, if the dependants are citizens of a state

whose citizens require a visa when crossing the border

crossing point; and

(iii) a document issued by a competent authority of

the state of origin or the state from which such dependants

came, proving their relationship to the worker; and

(iv) a document issued by the competent authority

of the state of origin or the state from which the dependants

came testifying that they depend on the worker or that they

share the same abode in such country.

(5) A Citizen of the Union who enters Malta for work

and who, having been granted a residence permit, is employed in

Malta shall, subject to the following provisions of this regulation,

be considered to have resident status for as long as he does not

become voluntarily unemployed

Provided that where the worker employed in Malta has his

residence in a Member State other than Malta, and returns to such

state at least once a week, he shall be issued with a special residence

permit valid for five years and automatically renewable.

(6) Residence may be revoked where the worker has

become voluntarily unemployed and such revocation may be

extended to his dependants as the case may be.

(7) The Minister responsible for employment, may, by

Order, and on the advice of the employment agency, indicate that in

his opinion the grant of a licence to a Citizen of the Union and, or,

his dependants in a particular sector or occupation creates or may

create disturbances on the labour market which could seriously

threaten the standard of living or level of employment.

(8) For the purpose of subregulation (7), in particular

for the monitoring of the labour market by the employment agency,

any person who employs a worker shall abide by the provisions of

the Manpower Records (Commencement or Termination of

Employment) Regulations, 1993, both at time of employment and at L.N.110 of 1993.

time of termination.

(9) Any person who employs a worker without a licence

shall be guilty of an offence in terms of the Act.

(1) Where, in terms of these regulations, a residence Employment and

special

permit is issued for the purpose of work, such residence permit may circumstances.

not be withdrawn solely on the grounds that the worker is no longer

in employment, either because he is temporarily incapable of work

as a result of illness or accident or due to his being involuntarily

unemployed, this being duly confirmed by the employment agency

Provided that, if he has been involuntarily unemployed for

more than twelve consecutive months at the first renewal date, the

subsequent period of residence may be restricted to a period of less

than five years but more than twelve months on the advice of the

employment agency.

(2) A Citizen of the Union who enters Malta to take up

employment for a period of between three and twelve months and is

so employed by an employer in Malta or is in the employ of a person

lawfully providing services in Malta, shall be entitled to apply for a

residence permit the validity of which shall be limited to the expected

period of employment.

(3) A residence permit shall likewise be issued to a

seasonal worker employed for a period of more than three months

for the expected duration of the seasonal work. The period of

employment shall be shown in the licence.

(4)

A Citizen of the Union who enters Malta to take up

employment for three months or less, whether seasonal or otherwise,

shall not be entitled to a residence permit but may stay in Malta for

the duration of the work period on the basis of a licence.

(5)

Subject to the provisions of regulation 3, completion

of the formalities for obtaining a residence permit shall not hinder

the immediate commencement of employment under a contract

lawfully concluded by applicants having the right to take up

employment in Malta provided that they are in possession of a

licence.

(6) Subject to the provisions of this regulation, a citizen

of the Union who has worked in Malta as an employed person as

envisaged in regulations 4 and 5 hereof, shall have the right to remain

permanently in Malta if

(a) at the time of termination of his employment he has

reached retirement age, has been employed for at least twelve

months before that date and has resided continuously in Malta

for more than three years; or

(b) he ceases to work as an employed person as a result

of permanent incapacity to work, having resided in Malta

continuously for more than two years, provided 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; or

(c) having ceased to work as an employed person after

three years continuous employment and residence in Malta, he

works as an employed person in another Member State while

retaining his residence in Malta, to which he returns, at least

once a week.

(7) Periods of employment completed in the

circumstances of paragraph (c) of subregulation (6) in another

Member State shall be considered as having been completed in Malta

for the purposes of entitlement to the rights referred to in paragraphs

(a) and (b) of subregulation (6).

(8) The conditions as to length of residence and

employment laid down in paragraph (a) of subregulation (6) and the

condition as to length of residence laid down in paragraph (b) thereof,

shall not apply if the spouse of any such person is a citizen of Malta

or has lost Maltese citizenship by reason of marriage to him.

(9) Periods of involuntary unemployment, duly recorded

by the employment agency and absences due to illness or accident

shall be considered as periods of employment within the meaning of

subregulation (6).

(10) Dependants of the person referred to in subregulation

(6) and who are residing with him in Malta shall also be entitled to

remain in Malta permanently if such person has acquired the right

to remain in Malta in accordance with the provisions of this

regulation and the rights of such dependants shall subsist even after

such person’s death

Provided that if such person dies while in employment

before having acquired the right to remain permanently in Malta,

the dependants shall be entitled to remain permanently in Malta

provided either

(i) that such person had, on the date of his death, resided

continuously in Malta for at least two years; or

(ii) that his death resulted from an accident at work or

an occupational disease; or

(iii) that the surviving spouse is a citizen of Malta or lost

Maltese citizenship only by reason of marriage to such person.

(11) Such persons who by virtue of this regulation have

the right to remain permanently in Malta shall be entitled to a

residence permit and, or, a residence document valid for five years

which permit and, or, document shall be automatically renewable.

Periods of non-residence not exceeding six consecutive months shall

not affect the validity of the residence permit and, or, residence

document.

(12) The right to remain permanently in Malta as referred

to in paragraphs (a) and (b) of subregulation (6) and in subregulation

(10) may be exercised at any time within two years from the time

when the person entitled to this right becomes so entitled. During

such period the person entitled may leave Malta without prejudicing

such right

Provided that no formality is required on the part of the person

concerned in respect of the exercise of the right to remain, except

that he shall inform the authorised officer designated under the

Identity Card Act of his decision.

(13) Continuity of residence as provided for in

subregulation (6) and in the proviso to subregulation (10) may be

attested by the residence permit and, or, residence document issued

in terms of subregulation (11). It shall not be affected by temporary

absences not exceeding a total of three months per year, nor by longer

absences due to compliance with obligations of military service.

(14) The Principal Immigration Officer shall facilitate

the readmission into Malta of workers who have left Malta after

having been employed and having resided in Malta for a long period

and who wish to return to Malta after having retired or become

permanently incapacitated for work.

(1) Without prejudice to regulation 3 and subject to any

restrictions or conditions as may be imposed by these regulations

receipt of services.

(a) any Citizen of the Union may enter Malta to establish

himself in Malta in order to pursue activities as a self-employed

person, to provide services in Malta, or as recipient of services;

and

(b) the dependants shall have the same rights as such a

Citizen, without prejudice to the requirement that such

dependants may be required to have a visa for entry into Malta.

(2) The Principal Immigration Officer shall facilitate the

admission of any family member of a Citizen as mentioned in

subregulation (1) hereof, if such family member is economically

dependent upon the Citizen of the Union, or his spouse, or was

sharing the same abode in the country of origin.

(3) The provisions of subregulations (2) and (3) of

regulation 4, and in so far as self-employed persons are concerned

of subregulation (1) of regulation 6, shall mutatis mutandis apply.

(4) The right of residence for persons providing and

receiving services shall be of equal duration with the period during

which the services are provided. If the period during which the

services are provided exceeds three months a residence permit shall

be issued; where the period does not exceed three months, the

identification document with which the person concerned entered

Malta shall suffice to cover his stay.

(5) A residence document shall be issued to dependants

who are not Citizens of the Union, and such residence document

shall have the same validity as for the Citizen of the Union concerned.

(6) An applicant for a residence permit and, or, residence

document, being one of the persons mentioned in subregulation (1)

hereof shall present

(a) a valid identification document, and, where a visa is

required in accordance with subregulation (1) above for a

dependant, the visa with which he entered Malta; and

(b) proof that he falls within one of the categories of

persons referred to in this regulation.

(7)

The provisions of subregulations (6) to (14) of

regulation 6 relating to the right to remain permanently in Malta

shall apply, mutatis mutandis, in regard to Citizens of the Union

who have pursued activities as self-employed persons in Malta and

their dependants.

(8) No Citizen of the Union or his dependant can pursue

activities as a self-employed, unless he –

(a)

is a bona fide self-employed person;

(b) operates from a registered address and satisfies all

other requirements that are normally required of a self-employed

Maltese National, including all matters relating to registration

and taxation; and

(c) has the ability to support himself and such dependants

as may be accompanying him.

(9) The regulations mentioned in subregulation (8) of

regulation 5 shall apply to self-employed persons and providers of

services.

(1) A Citizen of the Union has the right to reside in Malta

for the purpose of following a course of education including

vocational training in accordance with this regulation.

(2) Without prejudice to the generality of regulations 3

and 4, the right of residence recognised by subregulation (1) shall

be subject to the following conditions

(a) that the Citizen of the Union is enrolled in a

recognised educational establishment as provided for in the

Education Act or by the Employment and Training Services Act

for the principal purpose of following a course of education,

including a vocational training course therein;

(b) that he and his dependants entitled to accompany him,

as defined in subregulation (4), and accompanying him, are

covered by sickness insurance in respect of all risks in Malta;

and

(c) that he makes a declaration of resources or otherwise

gives an assurance to the Principal Immigration Officer that he

has sufficient resources to avoid becoming a burden on the social

assistance system in Malta during the period of residence of

himself and his dependants.

(3) A Citizen of the Union seeking entry into Malta for

the purposes of this regulation shall furnish sufficient proof of

compliance with the conditions prescribed in this regulation to the

Principal Immigration Officer at the time of entry into Malta.

(4) Subject to the generality of the provisions relating

to Third Country Nationals, the dependants of a student shall be

entitled to accompany him, to reside in Malta and to take up any

employed or self-employed activity in Malta, even if they are not

themselves Citizens of the Union, so however that for the purposes

of this regulation, the term “dependant” does not include the

ascendant of the student or of his spouse.

(5) The rights of residence recognised or enjoyed under

this regulation shall continue for the duration of the course of studies

in question and as long as the conditions set out in this regulation

continue to subsist.

(6) Save as otherwise provided in this regulation, a

residence permit as may be prescribed, issued upon application to a

Citizen of the Union, shall be limited in duration to

(a) the particular course of studies, where the duration

of such course is shorter than one year; or

(b) a period of one year on a renewable basis if the course

of studies is of longer duration.

(7) The dependants shall also be entitled to such permit,

but if they are not Citizens of the Union, then they shall be issued

with a residence document which has the same validity as that issued

to the Citizen of the Union.

(8) Entitlement to a residence permit and, or, a residence

document, where it arises under this regulation, shall be evidenced

as follows

(a)

for the student

(i)

a valid identification document

(ii) proof that he has been enrolled in a recognised

educational establishment for the principal purpose of

following a course of education including a vocational

training course thereat;

(iii) proof that he is covered by sickness insurance

as provided in paragraph (b) of subregulation (2) above;

(iv) a declaration that he has sufficient resources

as referred to in paragraph (c) of subregulation (2) above;

(b)

for his dependants

(i)

a valid identification document;

(ii) a visa, if the dependants are not Citizens of the

Union but of a state whose citizens require a visa when

crossing the border crossing point;

(iii) proof of the relationship with the student and,

where applicable, of dependence on him;

(iv) proof that each dependant is covered by

sickness insurance as provided in paragraph (b) of

subregulation (2) above;

(v) a declaration by the student that he has sufficient

resources as referred to in paragraph (c) of subregulation

(2) above.

(1) A Citizen of the Union and his dependants who do

not otherwise enjoy the right of residence in Malta under this Part

shall have the right to reside in Malta in accordance with the

provisions of this regulation.

(2) The Principal Immigration Officer shall issue the

persons mentioned in subregulation (1) hereof with a residence

permit and, or, a residence document valid for a maximum period of

five years, automatically renewable, provided that the Citizen of

the Union and those dependants actually accompanying him

(a) are covered by sickness insurance in respect of all

risks in Malta;

(b) have sufficient resources as provided for in this

regulation, to avoid their becoming a burden on the social

assistance system in Malta during the period of their residence;

and

(c) provide evidence to that effect, along with a valid

identification document and, in the case of dependants who are

Third Country Nationals, a valid visa, when the application for

the residence permit and, or, a residence document is submitted.

(3) For the purposes of paragraph (b) of subregulation

(2), the resources referred to in that paragraph shall be deemed

sufficient if they are higher than the level of resources indicated by

the Ministry responsible for social policy as being the minimum

means which determine the grant of social assistance to Maltese

Nationals, and taking into account the personal circumstances of

the applicant and, where appropriate, the personal circumstances of

accompanying dependants. If this criterion cannot be applied, such

resources shall be deemed sufficient if they are higher than the level

of the national minimum social security pension payable by the

Government of Malta at the time of application.

(4) Subject to the provisions of this regulation, the

dependants shall, irrespective of their citizenship, have the right to

install themselves in Malta with such a Citizen of the Union as is

entitled to reside in Malta under the provisions of this regulation.

(5) The rights of residence recognised or enjoyed under

this regulation shall continue for as long as the conditions referred

to in this regulation continue to subsist.

(6) The provisions of subregulations (2), (3) and (4) of

regulation 4 shall mutatis mutandis apply. Sohowever that the permit

may be revalidated at the end of the first two years of residence.

(7) Subject to the preceding provisions of this regulation

and of regulation 3, the dependants of a Citizen of the Union shall

be entitled to take up any employed or self-employed activity in

Malta, even if they are not themselves Citizens of the Union, under

the same conditions applicable to such citizens.

(8) The Principal Immigration Officer shall facilitate the

admission of any family member of a Citizen mentioned in

subregulation (1) hereof, if such family member is economically

dependent upon the Citizen of the Union, or his spouse, or was

sharing the same abode in the country of origin.

(1)

The Principal Immigration Officer shall make a Issue and renewal

decision as to whether to grant or refuse a first residence permit, or of

other documents.

whether to renew same, as soon as possible and in any event not

later than six months from the date of application for the permit.

The person concerned shall be allowed to remain in Malta

temporarily pending a decision to grant or refuse such application.

(2) Where necessary, the Principal Immigration Officer

may request from a Member State, be it the state of origin of the

applicant or some other Member State, information concerning any

previous criminal or conduct certificate of the applicant.

(3)

Where the information mentioned in the preceding

subregulation is requested of the Maltese competent authority by

another Member State, the competent authority shall reply within

two months of receiving the request.

(4) Where an application is refused, the person concerned

shall, unless this is contrary to the interests of the security of Malta,

be informed of the grounds of public policy, public security, or public

health upon which the decision taken in his case is based.

(5) The person concerned shall be officially notified of

any decision to refuse the issue or renewal of a residence permit or

of a decision to remove him from Malta, in which case, the individual

shall be asked to leave Malta.

(6) The period allowed for leaving Malta shall be stated

in such notification but save in cases of urgency, this period shall be

not less than fifteen days if the person concerned had not been granted

a residence permit and not less than one month in any other case.

PART III

Rights of Third Country Nationals

(1) Subject to the provisions of article 6 of the Act and

the following provisions of this regulation, a Third Country National

may be permitted to enter Malta for a visit the duration of which

shall not exceed three months provided he

(a)

holds a valid passport;

(b) holds a valid visa, as required by the Common

Consular Instructions;

(c) submits, before entry into Malta, documents

substantiating the purpose and the conditions of the planned

visit, as applicable;

(d) has, even if in possession of a valid visa, sufficient

means of support, both for the period of the planned visit and

to return to his country of origin or to travel in transit to a third

state into which his admission is guaranteed, or is in a position

to acquire such means legally;

(e)

has not been reported as a person to be refused entry;

and

(f) is not considered to be a threat to public policy or

national security.

(2) If all the conditions listed in the previous

subregulation are not fulfilled, a Third Country National shall be

refused entry into Malta except where

(a) the Principal Immigration Officer considers that it is

necessary to admit him on humanitarian grounds or in the

national interest or in honour of the international obligations of

the Government of Malta; or

(b) he holds a uniform residence permit or a re-entry

visa, or both as may be required, issued by a Member State, in

which case, he shall be permitted to enter Malta for the sole

purpose of transit; or

(c) he holds a Schengen visa when entering Malta from

a Schengen State, provided that if he is returning to a Schengen

State the validity thereof covers the period to be spent in Malta

and his return to the Schengen State from which he arrived, or

where he is not returning to a Schengen State he has sufficient

means and documents to cover his stay in Malta and his onward

journey.

(3) Nothing in this Part shall prejudice the application

of special provisions concerning the rights of persons governed by

the Refugees Act.

(4) A Third Country National who is not required to hold

a visa under the provisions of this Part shall be entitled to enter into

and move freely within Malta for a period of three months, provided

that the Principal Immigration Officer may extend beyond three

months the visit in Malta of such a Third Country National.

(5)

The provisions of these regulations are without

prejudice to the rights of Third Country Nationals under Part II of

these regulations.

(6)

Nothing in these regulations shall be construed as

conferring on any person, being a person to be refused entry, the

right of entry.

(1) A Third Country National shall only be entitled to Uniform residence

permits to Third

reside in Malta if a uniform residence permit for a specific purpose Country Nationals.

is issued in his regard.

(2) The provisions of subregulation (1) hereof shall not

apply to a Third Country National who has been given temporary

permission to reside in Malta for the purpose of the processing of an

application for asylum or an application for a uniform residence

permit.

(3) Without prejudice to subregulation (3) of regulation

7, the provisions of regulations 5, 6, 8, 9 and 10 shall mutatis

mutandis apply to this Part, so however that a Third Country National

cannot apply for a licence or a uniform residence permit for the

purpose of seeking or taking up employment; nor may he apply to

change the nature of the uniform residence permit into one

empowering him to seek or take up employment, while he is already

in Malta, save as the Minister may direct in exceptional

circumstances.

Part IV

Travel Documents, Visas and Border Checks

Identification at any border crossing point may, subject

to the provisions of these regulations, be made by means of a

passport, an official identity card, or other official document as may

be agreed to among Member States

Provided that in respect of Third Country Nationals, regulation

11 shall apply.

An Emergency Travel Document issued by the Passport

Officer shall entitle the holder to cross a border crossing point as

indicated in such document.

(1) In general there shall be no border checks on Maltese

citizens and Citizens of the Union entering or leaving a border

crossing point provided that this shall not affect the obligation of

any person to hold and carry such permits and documents as are

required to be held. The competent authorities may exercise police

powers under Maltese law throughout Maltese territory as may be

required.

(2) The Minister may by Order, in the interests of public

policy or national security, provide that for a limited period border

checks appropriate to the situation be carried out at the border

crossing point, provided that the Minister shall, at the earliest

opportunity, inform the other Member States.

(3) When border checks are carried out, every person

shall be subject to at least one check carried out with a view to

establishing his identity on the basis of such travel documents as

may be required and in addition, the following principles shall apply

(a) Citizens of the Union, including Maltese Nationals,

their vehicles and objects shall only be subjected to random

border checks and such checks shall include the verification of

the travel documents and of the other conditions governing entry

and residence including the documentation mentioned in these

regulations and also checks to detect and prevent threats to the

national security and public policy;

and

(b) regular border checks shall be carried out on Third

Country Nationals, including in this case, a check to establish

that the Third Country National is, where required, in possession

of a valid visa.

(1) It shall be an offence for a person to cross or attempt Border crossing

to cross the border otherwise than in accordance with the provisions points.

of these regulations and any person found guilty of such an offence

shall, on conviction, be liable to the punishments contemplated in

the Act.

(2) A person who acquires a residence permit, a residence

document or a uniform residence permit on the basis of false or wrong

information or is privy to such act, or who, having acquired residence

for a particular purpose, changes the scope of his residence without

informing or obtaining the permission of the Principal Immigration

Officer as the case may be, shall be guilty of an offence and shall,

on conviction, be liable to the punishments contemplated in the Act.

(3) Without prejudice to subregulations (1) and (2)

hereof, the Principal Immigration Officer may remove the person

mentioned in those subregulations.

(4) The Principal Immigration Officer may provide for

the proper implementation of these regulations including, without

prejudice to the generality of this provision, the drawing up of a list

of persons to be refused entry into Malta.

(5)

Subject to the overriding provisions of law relating

to data protection, the Principal Immigration Officer may require

any carrier to provide him with the name and surname of passengers

as may be entering or exiting a border crossing point.

(1) Without prejudice to the rights of entry and residence Visas.

envisaged both by the Act and by these regulations and the powers

of the Principal Immigration Officer to issue a visa at the border as

the case may be, no person who, in terms of the Common Consular

Instructions requires a visa to cross a border crossing point, may

enter Malta without a visa.

(2) The mere possession of a visa does not entitle its

holder to an automatic right of entry.

(3) The Minister may, by Order, make exemptions from

the visa requirement with regards to

(a) holders of diplomatic passports, official duty

passports and other official passports;

(b)

civilian air and sea crew;

(c) the flight crew and attendants on emergency or rescue

flights and other helpers in the event of disaster or accident;

(d) the holders of “laissez-passer” issued by certain

intergovernmental organisations to their officials;

(e) persons entering Malta to pursue a gainful activity

during their stay;

(f) a school pupil having the nationality of a third country

requiring a visa who resides in a Third Country exempted from

a visa requirement and is travelling in the context of a school

excursion as a member of a group of school pupils accompanied

by a teacher from the school in question;

(g) a school pupil who is a Third Country National but

who is legally resident in a Member State and who seeks to

enter Malta either for a short stay or in transit.

(4) Stateless persons within the meaning of the New York

Convention of 28 September 1954 and recognised refugees within

the meaning of the Geneva Convention of 28 July 1951 shall be

subject to the visa requirement or shall be exempted from it on the

same terms as Nationals of Third Countries in which such stateless

persons or recognised refugees reside and which had issued travel

documents to such stateless persons or recognised refugees.

Part V

Miscellaneous Provisions

(1) The provisions of the Identity Card Act shall apply

to any person entitled to reside in Malta for a period in excess of six

months under the provisions of these regulations.

(2) An Identity Card issued to a person who is not a

Maltese National under the provisions of the preceding subregulation,

is not to be considered as a valid travel document.

Any person aggrieved by any decision of the Principal

Immigration Officer may appeal to the Board as provided for in sub-

article (5) of article 25A of the Act.

(1) The Minister may, by Order, extend all or any of the Applicability.

rights pertaining to Citizens of the Union to nationals of such states

as may be prescribed in the Order.

(2)

The Minister may, by Order, exempt any person

(a) who is a member of the armed forces of a country

other than Malta which are present in Malta under and within

the scope of arrangements with the Government of Malta; or

(b) who is in Malta in an advisory or consultative

capacity to the Government on invitation of the same,

from all or any of the provisions of these regulations.

By Order made under these regulations, the Minister may Fees due.

also stipulate the fees and charges as may be due.

(1) Without prejudice to the generality of the other Transitory

provisions of these regulations, the following provisions shall apply provisions.

to persons lawfully resident in Malta as on the time of the coming

into force of these regulations

(a) any person in possession of a residence permit issued

in terms of article 7 of the Act before the coming into force of

these regulations may be asked by the Principal Immigration

Officer to have his permit re-confirmed.

(b) if the person resides in Malta for the purpose of

employment

i) where such person is a Citizen of the Union he

shall apply to the Principal Immigration Officer for a

residence permit and he shall produce a licence as evidence

of his employment in Malta;

ii) where such person is a Third Country National,

he shall in like manner, apply for a uniform residence

permit or residence document, as the case may be.

(c) the provisions of paragraphs (a) and (b) shall, mutatis

mutandis, apply to dependants.

(2) Without prejudice to sub-regulation 1, a Third

Country National who has been regularly resident in Malta for a

continuous period of four years prior to 1 May 2004, excluding

periods abroad aggregating three months per annum or less, shall be

required to apply for a uniform residence permit in virtue of these

regulations, by not later than 31 st October 2004.

(3) Regulations 8 and 12 shall apply to any student who

is in Malta as on the date of the coming into force of these regulations,

unless such a student is leaving Malta permanently by the 31 st August

2004. Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press