Status of Long-term Residents (Third Country Nationals)

L.N. 197 of 2014

IMMIGRATION ACT

(CAP. 217)

Status of Long-term Residents (Third Country Nationals)

(Amendment) Regulations, 2014

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

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

The title of these regulations is the Status of Long-term

Residents (Third Country Nationals) (Amendment) Regulations,

2014, and these regulations shall be read and construed as one with

the Status of Long-term Residents (Third Country Nationals)

Regulations hereinafter referred to as "the principal regulations".

In regulation 1(2) of the principal regulations immediately

after the words "Council Directive 2003/109/EC" there shall be

inserted the words "and 2011/51EU".

Regulation 2 of the principal regulations shall be amended

as follows

(a) in the definition "long-term resident’s EC residence

permit" the words "EC residence" shall be substituted by the words

"EU residence";

(b) immediately after the definition "family members" there

shall be added the following new definition

"international protection" means the status granted to

refugees and the persons enjoying subsidiary protection as

defined in article 2 of the Refugees Act and the Procedural

Standards in Examining Applications for Refugee Status

Regulations; and

(c)

the definition "refugee" shall be deleted.

Paragraphs (c) and (d) of sub-regulation (2) of regulation 3

of the principal regulations shall be substituted by the following

"(c) on the basis of a form of protection, other

than international protection or who have applied for

authorization to reside on that basis and are awaiting a

decision on their status;

(d) who have applied for international protection

and whose application has not yet given rise to a final

decision;".

Regulation 4 of the principal regulations shall be amended Amends

regulation 4 of

as follows

the principal

regulations.

(1) the words "referred to in regulation 5(1)." in sub-regulation

(1) thereof shall be substituted by the words "referred to in regulation

5(1):" and immediately after there shall be added the following new

proviso

"Provided that the Director shall not grant long-term

resident status on the basis of international protection in the

event of the revocation of, ending of or refusal to renew,

international protection in accordance with articles 10(1),

article 12 and article 22 of the Refugees Act.";

(2) sub-regulation (3) thereof shall be renumbered as (3)(a)

and the words "within the five year period:" shall be substituted by

the words "within the five year period.".

(3) the proviso to sub-regulation (3)(a) thereof as renumbered,

shall be renumbered as sub-regulation (3)(b) and the words "Provided

that the Director" shall be substituted by the words "The Director"

and the words "sub-regulation (3)" shall be substituted by the words

"paragraph (a)";

(4) immediately after sub-regulation (3)(b) thereof there shall

be inserted the following new paragraph

"(c) As regards persons to whom international protection

has been granted, the Director shall take into account, in the

calculation of the period referred to in sub-regulation (1), half of

the period between the date of the lodging of the application for

international protection on the basis of which that international

protection was granted, and the date of the grant of the permit in

terms of regulation 14 of Procedural Standards in Examining

Applications for Refugee Status Regulations or the whole of

that period if it exceeds 18 months.".

Regulation 5 of the principal regulations shall be amended Amends

regulation 5 of

as follows

the principal

regulations.

(a) immediately after the words "stable and regular resources"

in paragraph (a) of regulation 5(2) thereof there shall be added the

words "which have subsisted for a continuous period of two years

immediately prior to the date of application, declared with the

pertinent tax authorities in Malta," and the words "the average

wage" shall be substituted by the words "the national minimum

wage" and "the average gross wage" shall be substituted by the

words "the national minimum wage";

(b) paragraph (b) of regulation 5(2) thereof shall be substituted

by the following

"(b) appropriate accommodation regarded as normal for

a comparable family in Malta and which meets the standards,

which shall be published by notice in the Gazette on the date of

the coming into force of these regulations * and subsequently

every five years, as defined by the Ministry responsible for

housing;"; and

(c) in paragraph (b) of regulation 5(3) thereof the words "in

either Maltese or English" shall be substituted by the words "in

Maltese".

Regulation 8 of the principal regulations shall be amended

as follows

(1) in the marginal note and in sub-regulation (2) thereof the

words "EC residence permit" shall be substituted by the words "EU

residence permit";

(2) sub-regulation (3) thereof shall be substituted by the

following

"(3) The Director shall issue a uniform residence permit

and shall enter, under the heading ‘type of permit’, the words

"long-term resident - EU" thereon and, where applicable, under

the heading ‘remarks’ there shall be inserted ‘international

protection granted by Malta on [date]’

Provided that where international protection was

granted by another Member State under the heading ‘remarks’

there shall be inserted ‘international protection granted by

[Member State] on [date]’, upon confirmation by that Member

State that the long-term resident is still a beneficiary of

international protection granted by that Member State, except

where such international protection has been withdrawn through

a final decision.

* the reference is to Legal Notice 370 of 2010 - came into force on 1st August,

2010. (4) Where a second Member State requests information

as to whether a person who is the holder of a long-term resident

permit containing the remark mentioned in sub-regulation (3), is

still a beneficiary of international protection, the Director shall

provide a reply to the second Member State no later than one

month after receiving the request for information.

(5) Where responsibility for international protection of

the long-term resident was transferred to Malta after the long-

term resident’s EU resident permit referred to in sub-regulation

(3) was issued, the Director shall amend accordingly the remark

referred to in the proviso to sub-regulation (3) no later than 3

months after the transfer.".

Regulation 9 of the principal regulations shall be amended Amends

regulation 9 of

as follows

the principal

regulations.

(1) the words "the offence he committed:" in paragraph (f) of

sub-regulation (1) thereof shall be substituted by the words "the

offence he committed." and immediately thereafter there shall be

added the following paragraph

"(g) if the long-term resident obtained the said status

on the basis of international protection and has had such

protection revoked, ended or refused to be renewed as laid

down in articles 10(1), 12 and 22 of the Refugees Act:";

(2) the words "to pursuit of studies." in sub-regulation (2)

thereof shall be substituted by the words "to pursuit of studies:" and

immediately thereafter there shall be added the following new

proviso

"Provided that such person provides evidence that he

fulfils the requirements for obtaining long-term resident status

in accordance with regulation 5(2) and (3) and has resided

legally and continuously in Malta for two and a half years

immediately prior to the submission of the application referred

to in regulation 5(1).";

(3) the words "EC residence permit" in sub-regulation (3)

thereof shall be substituted by the words "EU residence permit".

Regulation 11 of the principal regulations shall be Amends

regulation 11 of

amended as follows

the principal

regulations.

(a) paragraph (e) of sub-regulation (1) thereof shall be

substituted by the following

"(e) social security and core benefits as regards social

assistance and social protection in accordance with Maltese law;

(b) immediately after sub-regulation (2) thereof there shall be

added the following new sub-regulation (3)

"(3) Any restrictions applicable to equal treatment

referred to in this regulation shall be without prejudice to the

provisions of the Refugees Act and any subsidiary legislation

made thereunder.".

Immediately after sub-regulation (2) of regulation 12 of

the principal regulations there shall be added the following new sub-

regulations

"(3) Where it has been decided that a long-term resident

whose long-term resident’s EU residence permit contains the

remark referred to in the proviso to regulation 8(3) is to be

removed from Malta, the Director shall request the Member

State mentioned in the said remark to confirm whether the long-

term resident is still a beneficiary of international protection.

(4) If the said Member State confirms that the long-

term resident is still a beneficiary of international protection, the

long-term resident shall be removed to that Member State

Provided that where that person concerned fulfils

the conditions specified in article 14(2) of the Refugees Act, the

Principal Immigration Officer shall retain the right to remove

him in accordance with Malta’s international obligations, to a

country other than the Member State which granted

international protection.

(5) The provisions of this regulation shall apply without

prejudice to the provisions of article 14(1) the Refugees Act.".

Immediately after regulation 12 of the principal

regulations there shall be added the following new regulation

" Expulsion of

If a Member State requires

long-term

confirmation, prior to expelling a long-term

residents.

resident who was granted such status in that

Member State and in whose residence

permit it is remarked that such person

enjoys international protection in Malta, as

to whether such person still enjoys

international protection, the Director shall

reply no later than one month after receiving

the request for information. If the said

person is still a beneficiary of international

protection in Malta, he shall be readmitted

without any formalities together with his

family members without prejudice to the

provisions of the Act and any subsidiary

legislation made thereunder and applicable

EU law.".

12. In paragraph (a) of regulation 15(3) of the principal Amends

regulations the words "EC residence permit" shall be substituted by regulation

the principal

the words "EU residence permit".

regulations.

(1) Sub-regulations (5), (6), (7) and (8) of regulation 18 Amends

of the principal regulations shall be renumbered as (8), (9), (10) and regulation

the principal

(11) respectively and immediately after sub-regulation (4) there shall regulations.

be inserted the following new sub-regulations

"(5) In the case of a person who holds a long-term

resident permit issued by another Member State and which

contains a remark that he was granted international protection in

that Member State and where Malta has accepted the transfer of

international protection from the same Member State and the

person concerned has not yet been issued by the Director with a

long-term resident permit in terms of the proviso to article 8(3),

the Director shall ask that Member State to amend the remark

accordingly.

(6) In the case of a person who holds a long-term

residence permit issued by another Member State and where

Malta has granted international protection to such person, the

Director shall ask that Member State to amend the remark

accordingly.

(7) The Director shall issue an amended long-term

resident permit containing the relevant remark to a person who

has been granted long-term residence in Malta, and who has

exercised his right of mobility to another Member State as

provided for in Council Directive 2003/109/EC of 25 November

2003 Concerning the Status of Third-Country Nationals who are

Long-Term Residents, within 3 months of having received the

request from the Member State to which the long-term resident

has moved where:-

(i) that Member State has accepted the transfer

of protection of the said person; and,

(ii) that Member State has granted international

protection to such person.".

Immediately after sub-regulation (6) of regulation 20 of

the principal regulations there shall be added the following new sub-

regulation

"(7) (i) The provisions of sub-regulations (4), (5) and

(6) shall not apply to a third country national whose long-term

resident EU residence permit issued by the Member State

concerned contains the remark that international protection was

granted by such State unless in the meantime, the international

protection has been withdrawn or the person falls within one of

the categories specified in article 14(2) of the Refugees Act.

(ii) This sub-regulation shall apply without prejudice to

the provisions of article 14(1) of the Refugees Act.".

Regulation 21 of the principal regulations shall be

renumbered as regulation 21(1) and immediately thereafter there shall

be inserted the following new sub-regulation

"(2) If the said third country national also holds

international protection in Malta, the provisions of regulation

12A shall apply. ".

In sub-regulation (1) of regulation 22 of the principal

regulations the words "regulation 7(4)" shall be substituted by the

words "regulation 7(5)".

Regulation 23 of the principal regulations shall be deleted.

€0.63