191 tal-2007 - Ordni tal-2007 dwar il-Moviment Liberu ta’ Ċittadini ta’ l-Unjoni Ewropea u tal-Membri tal-Familji tagħhom

L.N. 191 of 2007

EUROPEAN UNION ACT

(CAP. 460)

Free Movement of European Union Nationals and their Family

Members Order 2007

BY VIRTUE of the powers conferred by article 4(2) of the

European Union Act the Prime Minister has made the following

Order:-

Part I

Preliminary

(1)

The title of this Order is the Free Movement of Citation, scope

and

European Union Nationals and their Family Members Order, 2007.

applicability.

(2) This Order revokes and replaces Part II of the Immigration S.L. 217.04

Regulations with respect to nationals of the EU only, with effect from

the day it is published. Such Regulations shall continue to apply to

those countries whose nationals have freedom of movement in the

European Union but in respect of whom the provisions of Directive

2004/38/EC are not yet effective.

(3) This Order implements, inter alia, the provisions of

Council Directive 2004/38/EC of the European Parliament and of the

Council of the 29 April 2004.

(4) This Order shall apply to all Union citizens who move to

or reside in Malta other than Maltese nationals, and to their family

members or other family members as defined in this Order, who

accompany or join them, as well as to third country nationals.

For the purposes of this Order, unless the context Definitions.

otherwise requires –

“the Act” means the Immigration Act;

“the Board” means the Immigration Appeals Board constituted

by article 25A of the Act;

“the Director” means the Director for Citizenship and Expatriate

Affairs;

“family member” means

(a)

the spouse, provided it does not include a party to a

marriage of convenience;

(b)

the direct descendants who are under the age of 21

or are dependants, and those of the spouse;

(c)

the dependent direct relatives in the ascending line

and those of the spouse;

“other family member” means

(a)

a person who, irrespective of his nationality, in the

country from which he has come, is a dependant or a member of

the household of the Union citizen having the primary right of

residence, or

(b)

a person who, for serious health reasons, strictly

requires personal care by the Union citizen, or

(c)

the partner with whom the Union citizen has a

durable relationship unless such relationship is in conflict with

the public policy of Malta;

“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 this Order;

“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 by virtue of the Constitution of Malta and any other law as may

be in force;

“Member State” means a Member State of the European Union

other than Malta and a state of the European Economic Area;

“the Minister” means the Minister responsible for immigration;

“permanent residence certificate” means a certificate issued to a

Union citizen in accordance with article 7 as proof of the holder’s

right of permanent residence in Malta as at the date of issue;

“permanent residence card” means a card issued to a family

member who is a third country national, in accordance with article 7,

as proof of the holder’s right of permanent residence in Malta as at

the date of issue;

“Principal Immigration Officer” means the person appointed to

such office by the Prime Minister under article 3 of the Act and

includes, within the limits of any authority granted by the Principal

Immigration Officer under article 3(3), any public officer acting

under such authority;

“registration certificate” means a certificate issued to a Union

citizen in accordance with article 7 as proof of the holder’s right of

residence in Malta as at the date of issue;

“residence card” means a card issued to a family member or

other family member who is a third country national in accordance

with article 7 as proof of the holder’s right of residence in Malta as at

the date of issue;

“third country” means any State which is not a Member State;

“third country national” means a person who is not a Union

citizen;

“travel document” means such document as entitles the holder

to cross a border crossing point;

“the Treaty” means the Treaty establishing the European

Community;

“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 a family member or an other family

member of a Union citizen. 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 or a family member or an other family

member of a Union citizen who is not exercising a Treaty right in

Malta;

“Union citizen”, for the purposes of this Order, means any

person having the nationality of a Member State but does not include

Maltese nationals;

“visa” means an authorisation issued in terms of article 8 of the

Act for the purpose of this Order;

“worker” means a worker within the meaning of Article 39 of

the Treaty establishing the European Community.

PART II

Entry and residence of citizens of the Union, family members and

other family members

(1)

Subject to the provisions of this Order, a Union

citizen may enter, remain and reside in Malta, seek and take up

employment or self-employment therein, and shall enjoy equal

treatment with Maltese nationals within the scope of the Treaty, and

such right shall, subject to what is stated in this Order, be also

applicable to family members accompanying or joining the Union

citizen, including those who are not nationals of a Member State

Provided that the Director may refuse, terminate or

withdraw any such right in the case of abuse of rights or fraud

Provided further that the Union citizen shall not be entitled

to social assistance during the first three months of residence or,

where appropriate, the longer period referred to in subarticle (4) other

than workers, self-employed persons, persons who retain such status

and members of their families, nor shall he be entitled, prior to

acquisition of the right of permanent residence, to maintenance aid

for studies, including vocational training, consisting in student grants

or student loans to persons.

(2) Subject to limitations justified on grounds of public policy,

public security or public health, a Union citizen and his family

members accompanying or joining him, may enter and leave Malta

simply with a valid identification document in the case of Union

citizens and a valid passport in the case of family members who are

not nationals of Member States

Provided that, where appropriate, family members who are

not nationals of a Member State shall be required to have an entry

visa, which shall be issued free of charge as soon as possible and on

the basis of an accelerated procedure, unless they are already in

possession of a valid residence card, and no entry or exit stamp shall

be placed in the passport of such family members in possession of a

valid residence card

Provided further that the Principal Immigration Officer

shall give every reasonable opportunity to a Union citizen or a family

member who is not a national of a Member State and who does not

have the necessary travel documents available, to obtain the

necessary documents or have them brought to him or to corroborate

or prove by other means that he is covered by the provisions of Part II

of this Order.

(3) Subject to the provisions of subarticles (1) and (2) and

article 4, a Union citizen and his family members accompanying or

joining him may reside and move freely within Malta on the same

conditions as Maltese nationals for a period of three months without

any conditions or any formalities, commencing on the date of entry or

such other period as may be prescribed by subarticle (4)

Provided that a Union citizen and his family members shall

so reside as long as they do not become an unreasonable burden on

the social assistance system of Malta.

(4) The period of three months referred to in subarticle (3) is

extendable to a six-month period, in the case of a person who

provides evidence that, subject to the provisions of this Order, he is

genuinely seeking employment and has a genuine prospect of

securing employment by the end of the said period of six months.

(5) The Director shall give due and proper consideration in

relation to the admission and residence of an other family member by

undertaking an extensive examination of the personal circumstances

and shall justify any denial of entry or residence to such other family

member.

(6) A Union citizen who arrives in Malta and who is not Reporting.

covered by the provisions of article 31 of the Act applicable to places

of accommodation for reward shall, within one month of his arrival,

report his presence in Malta to the Principal Immigration Officer by

reporting at any office designated by the Principal Immigration

Officer, and shall be issued with an acknowledgement in writing of

such report.

(7) Any person who fails to comply with the provisions of

subarticle 1 shall be guilty of an offence and shall be liable, on

conviction, to a fine (multa) of one hundred liri

Provided that if before the person has been found guilty of

having committed an offence under this article, such person pays to

the Commissioner of Police an administrative penalty of between ten

and one hundred liri, as may be determined by the Commissioner of

Police, no proceedings in respect of any criminal offence committed

in violation of this Article shall be commenced or continued.

(1)

A Union citizen and his family members, even if Residence for

such family members are third country nationals, may take up more

months.

residence in Malta for a period longer than three months subject to the

provisions of articles 3(4), 5, 6, 8, 9, 10, 11 and 12 as applicable.

(2) Where a reasonable doubt exists as to whether the Union

citizen or his family members have satisfied the conditions contained

in the articles referred to in subarticle (1), the Director shall have the

right to verify these conditions.

(3) Without prejudice to any rights which family members or

other family members may enjoy in terms of Part I and II of this

Order, they may reside in Malta only for as long as the right of

residence of the Union citizen continues and the applicable conditions

mentioned in such Parts continue to subsist.

(1)

The death of the Union citizen, his departure from

Malta, his divorce recognised under the Marriage Act, or annulment

of his marriage shall not affect the rights of residence of his family

members who are nationals of a Member State.

(2) The death of the citizen of the Union shall not affect the

right of residence of his family members who are third country

nationals and who have been residing in Malta as family members for

at least one year before the Union citizen’s death.

(3) The divorce or the annulment of the marriage of the Union

citizen shall not affect the rights of residence of his family members

who are third country nationals where

(a)

the marriage had lasted for at least three years

immediately before the initiation of proceedings for its

termination and the parties to the marriage had resided in Malta

for at least one year during the duration of the marriage; or

(b)

by agreement between the spouses or following a

court order, the former spouse has custody of the Union

citizen’s children; or

(c)

the continued right of residence in Malta is

warranted by particularly difficult circumstances, including

having been victims of domestic violence while the marriage

was subsisting; or

(d)

by agreement between the spouses or following a

court order, the former spouse who is not a national of a

Member State has the right of access to a minor child provided

that the court has ruled that such access must be in Malta, for as

long as is required.

(4) The death of the Union citizen or his departure from Malta

shall not affect the right of residence of his children or of the parent

who has actual custody of the children irrespective of nationality, if

the children reside in Malta and are enrolled at an educational

establishment for the purposes of studying, until the completion of

their studies.

(5) The third country nationals referred to in subarticles (2),

(3) and (4) shall retain their right of residence exclusively on a

personal basis.

(1)

Subject to the provisions of this article, a Union Right of

citizen who has resided legally for a continuous period of five years permanent

residence.

in Malta and his family members who are not nationals of a Member

State and who have legally resided with him in Malta for a continuous

period of five years and persons referred to in article 5 as applicable,

may reside permanently in Malta and such right, once acquired, shall

not, without prejudice to any provision of 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

residence, be able to show that he satisfies the conditions mentioned

in articles 8, 9, 10 or 11 as applicable

Provided further that a person referred to in article 5(1), (2)

and (3), who is not a Union citizen shall, before acquiring the right of

permanent residence, be able to show that he satisfies the 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.

(2) 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

(c)

one absence of a maximum of twelve consecutive

months for important reasons including pregnancy and

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.

(5) The following persons shall enjoy permanent residence in

Malta before completion of the continuous period of five years of

residence provided for in subarticle (1)

(a)

a worker or self-employed person who, at the time

of his termination of employment, 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 termination 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, 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;

(d)

a worker or self-employed person who after three

years of continuous employment and residence in Malta works

in an employed or self-employed capacity in another 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 subarticle (5) (a), (b) and (c), periods of

employment spent in another Member State in which such person

concerned has worked or is working, shall be regarded as having been

spent in Malta.

(7) For the purposes of subarticle (5)(a), (b) and (c) of this

article

(a)

periods of inactivity for reasons not of the person’s

own making,

(b)

periods of inactivity due to illness or accident, and

(c)

periods of involuntary

unemployment

duly

recorded by the employment agency,

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 subarticle (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; or

(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.

(1)

A citizen of the Union and his family members Registration

residing in Malta in accordance with article 3(3), shall not be required certificates,

residence cards,

to be in possession of a registration certificate or a residence card permanent

residence

before the expiry of three months from the date of their arrival in certificates and

permanent

Malta.

residence cards.

(2) Upon the expiry of three months from the date of their

arrival in Malta, the persons referred to in subarticle (1), who are

citizens of the Union, shall apply for a registration certificate to the

Director.

(3) The Director shall issue a registration certificate

immediately, stating the name and address of the person registering

and the date of the registration.

(4) Upon the expiry of three months from the date of arrival in

Malta, family members who are not citizens of the Union referred to

in article 7(1) shall apply for a residence card to the Director.

(5) In accordance with article 3(5), the Director may issue a

registration certificate or a residence card to an other family member

as applicable.

(6) The Director shall issue a residence card to be known as

‘Residence card of a family member of a Union citizen’ or as

applicable, no later than six months from the date of application

Provided that a certificate of application for a residence

card shall be issued immediately.

(7) The validity of such residence card shall be of five years

from the date of issue or for the envisaged period of residence of the

Union citizen, if such period is less than five years

Provided that the validity of the residence card shall not be

affected by the absences referred to in article 6(3).

(8) The Director shall issue a citizen of the Union, who is

entitled to reside in Malta permanently in accordance with Article 6,

with a permanent residence certificate as soon as possible after an

application for such a certificate and proof that the citizen of the

Union is so entitled has been submitted to the Director.

(9) The Director shall issue a family member, who is a third

country national, and who is entitled to reside in Malta permanently

under article 6, with a permanent residence card no later than six

months after the date on which an application for such a card and

proof that the family member is so entitled has been submitted to the

Director.

(10) A permanent residence card shall be valid for ten years

from the date of issue and shall be renewed automatically by the

Director upon application made before the expiry of the said

residence card

Provided that the validity of the said residence card shall

cease upon interruption of residence in Malta for a period exceeding

two years.

(11) Registration certificates, residence cards, permanent

registration certificates and permanent residence cards shall be issued

free of charge.

(12) Possession of a registration certificate, a certificate

confirming permanent residence, a certificate attesting submission of

an application for a residence card or for a permanent resident card

shall, under no circumstances, be made a pre-condition for the

exercise of a right or the completion of an administrative formality

under Parts I and II of this Order.

(13) Any member of the Police force may require any person to

whom a registration certificate, residence card, permanent

registration certificate or permanent residence card has been issued,

to produce the said document, which shall be valid, on demand, or if

it is not practicable for the person so required to produce it on

demand, not later than twenty-four hours after the demand and,

failure to do so shall constitute an offence against the provisions of

this Order and persons failing to do so shall be liable to a fine (multa)

not exceeding one hundred liri and, in the case of a continuing

offence, to a fine (multa) not exceeding five liri for each day during

which the offence continues

Provided that, if before the person is found guilty of

having committed an offence in terms of this Order, such person pays

to the Commissioner of Police, an administrative penalty of between

ten and one hundred liri, as may be determined by the Commissioner

of Police, no proceedings in respect of any criminal offence

committed in violation of this article shall be commenced or

continued.

(14) When issuing a registration certificate or a residence card

as provided for under this article, in order to ascertain whether the

person concerned represents a danger for public policy or public

security as provided for in article 14, the Director may, should he

consider this essential but not as a matter of routine, request the

Member State of origin or other Member States to provide

information concerning any previous police record such person may

have

Provided that, if a Member State makes such a request for

information concerning any previous Police record of a Union

national, family member or other family member, to the competent

authorities in Malta, such information shall be transmitted to the

requesting Member State within two months.

(15) The provisions of this Order shall be without prejudice to

the provisions of any law regulating the acquisition of property in

Malta by non-Maltese nationals and a registration certificate or

residence card shall not, by itself, entitle the holder to acquire or hold

property in Malta over and above what is regulated by the Immovable Cap. 246.

Property (Acquisition by Non-Residents) Act.

(1)

Without prejudice to article 3 and subject to any

restrictions or conditions as may be imposed by this Order, a Union

citizen (hereinafter referred to as “worker”) may reside in Malta in

order to take up employment

Provided that no such employment can be undertaken

unless a licence has been issued

Provided further that such licence shall not, subject to what

is stated herein, be withheld.

(2) The Minister responsible for employment may, by Order

(a)

on the advice of the employment agency indicate

that in his opinion the grant of a licence to a Union citizen and,

or his family members 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 and, in such case, no further licence shall be issued

in the said sector or occupation while the disturbance in the

labour market subsists; or

(b)

restrict the labour market, entirely or partially, for

nationals of Member States in line with the arrangements

stipulated in the Treaty of Accession to the European Union of

such States, that may be applicable during a specified period of

time.

(3) For the purposes of subarticle (2) 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, both at time of employment and at time of termination.

(4) The provisions of this Order shall be without prejudice to

any restrictions on employment with the Public Service.

(5) Where a Union citizen is a worker pursuing an activity as

an employed person in Malta, his family members shall, even if they

are third country nationals, be able to install themselves with the

worker, and for such purposes, they shall be issued with a registration

certificate or a residence card as the case may be in accordance with

the provisions of article 7, subject to the same rights and conditions

applicable to the Union citizen, including the right to take up an

activity as an employed or self-employed person in Malta.

(6) The Director shall give due and proper consideration

relating to the admission of an other family member of a Union

citizen referred to in subarticle (1) as provided for in article 3(5).

(7) Entitlement to a registration certificate and, or, residence

card shall be evidenced as follows

(a)

by the worker

(i) with the production of a valid identification

document with which the citizen of the Union entered

Malta; and

(ii) with the production of a licence;

(b) by the family members or other family members

(i) with a valid identification document if the

said members are EEA nationals and a valid passport if

they are third country nationals;

(ii) with a document issued by the competent

authority of the country of origin or the country from

which such family members came, proving their

relationship to the worker;

(iii) with a document issued by the competent

authority of the country of origin or the country from

which the family members came, in the case they are

dependent children over twenty-one or are dependent

direct relatives in the ascending line, or other family

members, testifying that they depend on the worker;

(iv) where applicable,

with

the

registration

certificate of the worker;

(v) in the case of other family members only,

where the existence of serious health grounds which

strictly requires the personal care by the Union citizen,

with proof that they are members of the household of the

worker;

(vi) in the case of the worker’s partner, with proof

of the existence of a durable relationship with the Union

citizen.

(8) For the purpose of this Order, a Union citizen shall retain

the status of worker if

(a)

he is in duly recorded involuntary unemployment

after having been employed for more than one year and has

registered as a job seeker with the employment agency; or

(b)

he is temporarily unable to work as the result of an

illness or accident; or

(c)

he is in duly recorded involuntary unemployment

after completing a fixed term employment contract of less than

a year or after having become involuntarily unemployed during

the first twelve months and has registered as a job seeker with

the employment agency; or

(d)

he embarks on vocational training

Provided that, in relation to subarticle (c), the status of

worker shall be retained for no less than six months

Provided further that in relation to subarticle (d), the

retention of the status of worker shall require the training to be related

to the previous employment unless he is involuntarily unemployed.

(1)

Without prejudice to the provisions of article 3 and

subject to any restrictions or conditions as may be imposed by this

Order, a citizen of the Union may reside in Malta in order to pursue

activities as a self-employed person.

(2) Where a Union citizen is pursuing an activity as a self-

employed person in Malta, his family members may, even if they are

third country nationals, install themselves with such person, and for

such purposes, they shall be issued with a registration certificate or a

residence card, as the case may be, in accordance with the provisions

of article 7, subject to the same rights and conditions applicable to the

Union citizen, including the right to take up an activity as an

employed or self-employed person in Malta.

(3) The Director shall give due and proper consideration to the

admission of an other family member of the Union citizen referred to

in subarticle (1) of this article as provided for in article 3(7).

(4) Entitlement to a registration certificate by the Union

citizen who is a self-employed person shall be evidenced as follows

(a)

with the production of a valid identification

document with which the citizen of the Union entered Malta;

and

(b)

proof that the Union citizen mentioned in subarticle

(1) is a self-employed person.

(5) The provisions of article 8(7)(b) relating to the issue of a

registration certificate or a residence card, as applicable, shall apply

mutatis mutandis in respect of family members and other family

members of the Union citizen who is self-employed.

(6) The provisions of article 8(8) shall apply mutatis mutandis

to self-employed persons who shall, in such case, retain the status of

self-employed persons.

(7) No citizen of the Union or his family members can pursue

activities as a self-employed person 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.

(1)

Without prejudice to the provisions of article 3 and Residence for

subject to any restrictions or conditions as may be imposed by this study purposes.

Order, a Union citizen (herein referred to as the “student”) may reside

in Malta for the purpose of following a course of education, including

vocational training.

(2) The right of residence recognised by subarticle (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 Cap. 327.

Act, for the principal purpose of following a course of

education, including a vocational training course; and

(b)

that he and his family members, entitled to

accompany him as defined in subarticle (3), and who are

accompanying him, are covered by comprehensive sickness

insurance in respect of all risks in Malta; and

(c)

that, by means of a declaration or otherwise, he

gives an assurance to the Director 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 family members.

(3) The family members of the Union citizen referred to in

subarticle (2)(b), even if they are third country nationals, may install

themselves with such person, and for such purposes, they shall be

issued with a registration certificate or a residence card, as the case

may be, in accordance with the provisions of article 7, subject to the

same rights and conditions applicable to the Union citizen, including

the right to take up an activity as an employed or self-employed

person in Malta

Provided that the term ‘family members’ does not include

the direct ascendants of the student or of his spouse saving that the

Director shall give due and proper consideration relating to the

admission and residence of such persons as provided for in article

3(5).

(4) The Director shall give due and proper consideration

relating to the admission and residence of an other family member of

the Union citizen referred to in subarticle (1) as provided for in article

3(5).

(5) Entitlement to a registration certificate or a residence card

where it arises under this article, shall be evidenced as follows

(a)

by the student

(i)

with a valid identification document;

(ii) with 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) with proof that he is covered by

comprehensive sickness insurance as provided for in

subarticle (2)(b);

(iv) with a declaration or otherwise that he has

sufficient resources as provided for in subarticle (2)(c);

(b) by his family members

(i) with a valid identification document if the

said members are EEA nationals and a valid passport if

they are third country nationals;

(ii) proof that each family member is covered by

comprehensive sickness insurance as provided in

subarticle (2)(b);

(iii) a declaration or otherwise by the student that

he has sufficient resources as referred to in paragraph

(2)(c);

(iv) the provisions of article 8(7)(b)(iii) to (vii)

relating to the issue of a registration certificate or a

residence card, as applicable, shall apply mutatis mutandis

in respect of family members and other family members of

the Union citizen who is a student.

(1)

Without prejudice to the provisions of article 3 and Residence by

subject to any restrictions or conditions as may be imposed by this other persons.

Order, any citizen of the Union may reside in Malta if he

(a)

has sufficient resources for himself and his family

members and other family members, ensuring that they do not

become a burden on the social assistance system in Malta; and

(b)

has comprehensive sickness insurance cover in

Malta for himself and his family members.

(2) The family members of the Union citizen referred to in

subarticle (1), even if they are third country nationals, may install

themselves with such Union citizen, and for such purposes, they shall

be issued with a registration certificate or a residence card, as the case

may be, in accordance with the provisions of article 7, subject to the

same rights and conditions applicable to the Union citizen, including

the right to take up an activity as an employed or self-employed

person in Malta.

(3) The Director shall give due and proper consideration to the

admission of an other family member of the Union citizen referred to

in subarticle (1) as provided for in article 3(7).

(4) Entitlement to a registration certificate by the Union

citizen referred to in subarticle (1) shall be evidenced as follows

(a)

with proof that he and his family members and

other family members are covered by comprehensive sickness

insurance in respect of all risks in Malta;

(b)

with proof that he has sufficient resources for

himself and his family members and other family members as

provided for in this article, to avoid their becoming a burden on

the social assistance system in Malta during the period of their

residence;

(c)

with the production of a valid identification

document of the citizen of the Union;

(d)

the provisions of article 8(7)(b) relating to the issue

of a registration certificate or a residence card, as applicable,

shall apply mutatis mutandis in respect of family members and

other family members of the Union citizen who may reside in

Malta by virtue of subarticle (1).

(5) For the purposes of subarticle (4)(b), the resources referred

to in that paragraph shall be deemed sufficient if they are equivalent

to the level of resources indicated by the Minister 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 Union citizen referred to in subarticle

(1) and, where appropriate, the personal circumstances of

accompanying family members. If this criterion cannot be applied,

such resources shall be deemed sufficient if they are equivalent to the

level of the national minimum social security pension payable by the

Government of Malta at the time of application.

(1)

The rights referred to in article 3(1) shall be

restricted by a decision taken on grounds of public policy, public

security or public health

Provided that such rights shall not be restricted solely to

serve economic ends.

(2) In the application of the provisions of subarticle (1)

(a)

the relevant decision shall comply with the

principle of proportionality;

(b)

the relevant decision must be based exclusively on

the personal conduct of the person concerned saving that

(i) the person’s previous criminal convictions do

not, in themselves, constitute grounds for taking the

relevant decision;

(ii) the personal conduct of the person concerned

represents a genuine, present and sufficiently serious threat

affecting one of the fundamental interests of society;

(iii) matters isolated from the particulars of the

case or which relate to considerations of general

prevention, do not justify a relevant decision.

(3) A decision to restrict right of entry and right of residence

on grounds of public health, shall be limited to those diseases with

epidemic potential as defined by the relevant instruments of the

World Health Organisation and other infectious diseases or

contagious parasitic diseases if they are the subject of protection

provisions applying to Maltese nationals in line with the Public Cap. 465.

Health Act

Provided that where there are serious indications that it is

necessary, and not as a matter of routine, the Director may, in

consultation with and upon the recommendation of the

Superintendent of Public Health, within three months of the date of

their arrival, require persons entitled to the right of residence to

undergo, free of charge, a medical examination to certify that they are

not suffering from any such diseases.

(1)

A person who ceases to have the right to reside by Removal and

virtue of this Order or who becomes an unreasonable burden on the protection

against removal.

social assistance system, may be removed from Malta

Provided that a removal order shall not be the automatic

consequence of the person’s recourse to the social assistance system

of Malta

Provided further that without prejudice to the provisions of

this Order, a removal order shall not be issued in the case of a worker,

or self-employed person, or job-seeker who can provide evidence that

he is continuing to seek employment and that he has a genuine chance

of being engaged.

(2) In the case where a decision for removal on grounds of

public policy or public security is being taken, the Principal

Immigration Officer shall take into account a number of

considerations which may include

(a)

the period of residence in Malta of the person to be

removed;

(b)

the age of such person;

(c)

the person’s state of health;

(d)

his family and economic situation;

(e)

his social and cultural integration in Malta;

(f)

the extent of his links with his country of origin.

(3) A decision for removal shall not be taken in the case of a

Union citizen and his family members, irrespective of nationality,

who have the right of permanent residence, except on serious grounds

of public policy and public security.

(4) A removal decision shall not be taken against a Union

citizen, except if the decision is based on imperative grounds of

public security, if such citizen

(a)

has resided in Malta for a continuous period of at

least 10 years prior to such decision; or

(b)

is under the age of 18 years unless such decision is

necessary in his best interests.

(5) Diseases referred to in article 12(3), occurring after a

three-month period from the date of arrival, shall not constitute

grounds for removal of the Union citizen, his family members and

other family members from Malta on grounds of public health.

(6) Expiry of the identification document used by a citizen of

the Union and his family members and other family members 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.

(1)

The Director shall inform the person whose free

movement has been restricted in accordance with this Order, or who

is to be removed, in writing, precisely and in full, of the reasons for

such restriction or of the grounds for such removal, on which the

decision taken in his regard is based, in a way that is comprehensible

to such person, unless this is contrary to the interests of the security of

Malta.

(2) The Director shall inform the person referred to in

subarticle (1), in writing, also of such person’s right to lodge an

appeal to the Immigration Appeals Board and of the time limit for the

appeal.

(3) The Principal Immigration Officer shall, in relation to any

person who is removed on grounds of public policy or public security

and who makes the declaration in writing in line with article 24 of the

Act, reach a decision on the declaration within six months of its

submission and such person shall have no right of entry into Malta

pending the consideration of his declaration.

(4) The Principal Immigration Officer may not impose a ban

on re-entry following a removal provided that such removal did not

take place on grounds of public policy, public security or public

health.

(5) A removal order shall not be issued by the Principal

Immigration Officer as a penalty or legal consequence of a custodial

penalty unless such order conforms to the requirements of articles 12

and 13.

(6) If a removal order as provided for in subarticle (5) is

enforced more than two years after it was issued, the Principal

Immigration Officer, in consultation with the Director, shall ascertain

whether the individual concerned is currently and genuinely a threat

to public policy or public security and shall assess whether there has

been any material change in the circumstances since the removal

order was issued.