Family Reunification Regulations, 2007

L.N. 150 of 2007

IMMIGRATION ACT

(CAP. 217)

Family Reunification Regulations, 2007

IN exercise of the powers conferred by article 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 Family Reunification Title, purpose and

commencement.

Regulations, 2007.

(2) The purpose of these regulations is to implement the

provisions of the European Union Directive 2003#86#EC on the right to

family reunification.

(3) These regulations shall come into force on the same day

they are published in the Gazette.

In these regulations, unless the context otherwise requires>-

Definitions.

“average wage” means the average annual gross wage

published by the National Statistics Office in the Labour Force

Survey<

“the Director” means the Director for Citizenship and

Expatriate Affairs<

“family reunification” means the entry into, and residence in,

Malta by family members of a third country national residing

lawfully in Malta in order to preserve the family unit, whether the

family relationship arose before or after the resident’s entry<

“minor” means a person who has not attained the age of

eighteen years<

“residence permit” means a permit issued under article 4A

of the Immigration Act, and in particular means an authorization

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<

“sponsor” means a third country national residing lawfully in

Malta who applies for the members of his family to join him for

family reunification purposes<

“third country national” means any person who is not a citizen

of the Union<

Part II

Application for Family Reunification

(1) The sponsor shall be entitled to apply for family

reunification subject to the following conditions>

(a)

if the members of his family are third country nationals<

and

(b) he is holding a residence permit valid for a minimum

period of one year< and

(c) he has reasonable prospects of obtaining the right of

permanent residence.

(2) The sponsor shall not be entitled to apply for family

reunification if he>

(a) has applied for recognition of refugee status and his

application has not yet been decided<

(b) is authorised to reside in Malta on the basis of temporary

protection or awaiting a decision thereon<

(c) is authorised to reside in Malta on the basis of a

subsidiary form of protection or awaiting a decision thereon.

Part III

Family Members

(1) Subject to the provisions of Part V and of regulations

18, 19 and 20 hereof, the Director shall authorise the entry and residence

of the following family members>

(a) the sponsor’s spouse who shall be twenty-one years of

age or over>

Provided that in the event of a polygamous marriage, where

the sponsor already has a spouse living with him in Malta, the

Director shall not authorise the family reunification of a further

spouse<

(b) the unmarried minor children of the sponsor and of his

spouse, including children adopted in a manner recognized by

Maltese law<

(c) the unmarried minor children, including adopted

children, of the sponsor or of the spouse, as the case may be,

where the sponsor or the spouse has custody and the children are

dependent on him.

(2) In the case of children whose custody is shared between

the sponsor and his spouse, the Director may authorize their

reunification, provided that the other party sharing custody has given

his or her agreement.

Part IV

Submission and Examination of the Application

(1) An application for entry and residence shall be submitted Submission of

application.

to the Director by the sponsor.

(2) The sponsor may not submit an application for family

reunification before he has resided legally in Malta for a minimum period

of twelve months.

The application for family reunification shall be accompanied Documentary

by documentary evidence of the family relationship and of compliance evidence.

with the conditions laid down in regulations 4, 11, 12 and 13 as well as

by certified copies of travel documents of the family members.

In order to obtain evidence that a family relationship exists, The Director may

the Director may decide to carry out interviews with the sponsor and carry out interviews.

his family members and conduct other investigations that may be

necessary.

The application shall be submitted by the sponsor and Application while

outside Malta.

examined by the Director when the family members are residing outside

Malta>

Provided that in appropriate circumstances, the Director may

accept an application submitted whilst the family members are already

in Malta.

(1) The Director shall give the sponsor, who has submitted

the application for family reunification, written notification of the

decision as soon as possible and in any event no later than nine months

from the date on which the application was lodged>

Provided that in exceptional circumstances linked to the

complexity of the examination of the application, the time limit referred

to in this sub-regulation may be extended.

(2) The Director shall give the reasons for his decision when

rejecting the application.

(3) In the event that the Director fails to give a decision

within the period specified in sub-regulation (1) of this regulation, the

application shall automatically be passed on for appeal to the

Immigration Appeals Board in terms of regulation 22 hereof.

When examining an application, the best interests of minor

children shall be taken into consideration.

Part V

Requirements for the Exercise of the Right to Family

Reunification

(1) The Director may reject an application for entry and

residence, refuse to renew or withdraw a residence permit of family

members on grounds of public policy, public security or public health.

(2) When taking the relevant decision in accordance with

sub-regulation (1) hereof, the Director shall consider, besides the

provisions of regulation 21, the severity or type of offence against public

policy or public security committed by the family member, or the dangers

that are emanating from such person.

(3) Renewal of the residence permit of a family member

may not be withheld, and removal from Malta may not be ordered by

the Director, on the sole ground of illness or disability suffered after the

issue of the residence permit.

When submitting the application for family reunification, Evidence

submitted with the

the sponsor shall provide evidence that he has>

application.

(a) documents attesting the family relationship that exists

with the persons who are the subject of the application<

(b) accommodation regarded as normal for a comparable

family in Malta and which meets the general health and safety

standards in force in Malta<

(c) sickness insurance in respect of all risks for himself and

the members of his family<

(d) stable and regular resources which are sufficient to

maintain himself and the members of his family without recourse

to the social assistance system in Malta and which would be

equivalent to, at least, the average wage in Malta with an addition

of another twenty percent income or resources for each member

of the family who will be the subject of the family reunification

application. .

The Director shall not allow the members of the family of Prior lawful stay.

the sponsor to join him in Malta unless he has stayed lawfully in Malta

for a period of two years>

Provided that in exceptional circumstances the Director may

allow the family members to join the sponsor in Malta before the said

period of two years.

Part VI

Entry and Residence of Family Members

(1) As soon as the application for family reunification has Acceptance of

been accepted, the Director shall authorize the entry of the family application.

member or members who were the subject of the application, and every

facility for obtaining the required visas shall be given to the persons

concerned.

(2) The family members shall be granted a first residence

permit of at least one year’s duration which shall be renewable>

Provided that the duration of the residence permits granted to

the members of the family of the sponsor shall, in principle, not extend

beyond the date of expiry of the residence permit held by the sponsor.

(3) The sponsor and the family members may be required

to attend, and successfully complete, courses in the Maltese language.

The family members of the sponsor shall be entitled, in the

same way as the sponsor, to>

(a)

access to education<

(b) access to employment and self-employed activity>

Provided that when the sponsor has access to employment

and self-employment without the need for an assessment of the

situation of the labour market, the said family members shall not

be entitled to access in the same way as the sponsor for the first

twelve months following their arrival in Malta and for such period

of twelve months after their arrival, their access to employment

or self-employment shall be subject to an assessment of the situation

of the labour market in Malta and the requirement of an

employment licence<

(c) access to vocational guidance, initial and further training

and retraining.

(1) Upon the expiry of a period of five years’ residence in

Malta and provided that the family member has not been granted a

residence permit for reasons other than family reunification, the spouse

or the child who has reached majority shall be entitled, upon application,

to an autonomous residence permit>

Provided that, in the case of the breakdown of the marriage,

the Director may limit the granting of such permit to the spouse only.

(2) The autonomous residence permit is valid for a period

of one year and shall be renewable.

(3) During the period of five years referred to in sub-

regulation (1), a temporary absence from Malta shall not interrupt such

period and such absence shall not be taken into account in the

compilation of the said period when the periods of absence are shorter

than six consecutive months and do not exceed the total of ten months

within the five year period>

Provided that, for exceptional reasons of a temporary nature,

the Director may consider a longer period of absence as not interrupting

the said period of five years.

(1) The Director shall issue an autonomous residence permit Entitlement

autonomous

to the widow, to the minor child and to the child who has reached the residence permit in

age of majority in the event of the death of the sponsor after having particularly

circumstances.

obtained a residence permit for reasons of family reunification.

(2) The Director shall issue an autonomous residence permit

to a person who, having entered Malta on the basis of a family

reunification permit, such person is subsequently found to be in

particularly difficult circumstances following a breakdown of the

marriage.

The Director may reject an application for entry and residence Rejection,

for the purpose of family reunification, or withdraw or refuse to renew withdrawal

refusal to renew a

a family member’s residence permit, in the following circumstances>- family residence

permit.

(a) where the conditions laid down by these regulations are

not, or are no longer, satisfied>

Provided that, when renewing the residence permit, the

contributions of the family members to the household income shall

be taken into account where the sponsor fails to prove that he has

the sufficient resources referred to in Regulation 12(d) without

recourse to the social assistance system<

(b) where the sponsor and his family members do not, or

no longer live, in a real marital or family relationship<

(c)

where it is found that the sponsor is already married<

(d) where it is shown that the family reunification permit

was based on false or misleading information, false or falsified

documents, or otherwise fraudulently obtained< and

(e) where it is shown that the marriage or adoption which

are the subject of the application for family reunification was

contracted solely for the purpose of enabling the person concerned

to enter or reside in Malta.

The Director may withdraw or refuse to renew the residence Withdrawal or

permit of a family member where the sponsor’s residence comes to an refusal

permit when

end and the family member does not yet enjoy an autonomous right of sponsor’s residence

ends.

residence under regulations 16 and 17.

The Director may conduct specific checks and inspections Specific checks and

inspections may be

where there is reason to suspect that there is fraud or a marriage or carried out.

adoption of convenience as defined by regulation 18(d) and (e). Specific

checks may also be undertaken on the occasion of the renewal of

residence permits of family members.

Before rejecting an application, withdrawing or refusing to

family relationships.

renew a residence permit or deciding to order the removal of the sponsor

or members of his family, the Director shall take due account of the

nature and solidity of the person’s family relationships and the duration

of his residence in Malta and of the existence of family, cultural and

social ties with such person’s country of origin.

The sponsor and the members of his family shall have the

right to appeal to the Immigration Appeals Board against a decision

taken by the Director rejecting the application for family reunification

or refusing to renew or withdraw a residence permit.

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