Family Reunification (Amendment) Regulations, 2017

L.N. 148 of 2017

IMMIGRATION ACT

(CAP. 217)

Family Reunification (Amendment) Regulations, 2017

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister for Home Affairs and National

Security has made the following regulations:-

(1) The title of these regulation is the Family Citation and

Reunification (Amendment) Regulations, 2017, and these regulations commencement.

shall be read and construed as one with the Family Reunification S.L. 217.06

Regulations, hereinafter referred to as the "principal regulations".

(2) These regulations shall come into force on such a date as

the Minister responsible for Home Affairs and National Security may,

by notice in the Gazette, establish and different dates may be so

established for different provisions or different purposes of these

regulations.

Immediately after sub-regulation (2) of regulation 4 of the Amends

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

the principal

regulation

regulations.

"(3) The provisions of sub-regulation (1)(b) shall not

apply in the case of children of refugees including adopted

children of the sponsor where the sponsor has custody and the

children are dependent on him, whereas the provisions of sub-

regulation (2) shall not apply in the case of such children of

whom custody is shared, notwithstanding that the other party

sharing custody has given his consent.".

In regulation 12(d) of the principal regulations the words Amends

"who will be the subject of the family reunification application." shall regulation

the principal

be substituted by the words "who will be the subject of the family regulations.

reunification application:" and immediately thereafter there shall be

added the following new provisos

"Provided that benefits or assistance payable under the

Social Security Act or any other national legislation, which the

sponsor is entitled to claim as special assistance in order to meet

exceptional, individually determined essential living costs, tax

refunds granted on the basis of his income, or other income-

support measures, shall be considered as part of his stable

resources

Provided further that where the conditions concerning

stable resources referred to in this sub-regulation, are not met by

the sponsor, the Director shall consider all relevant

circumstances and if there are justified reasons to do so, the

Director shall accept the relative amount declared by the said

third country national as satisfying the conditions stipulated

therein.".

Regulation 17 of the principal regulations shall be

substituted by the following

"17. (1) The Director shall issue an autonomous

residence permit to the widow/widower, to the minor child and

to the child who has reached the age of majority in the event of

the death of the sponsor after having 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, is subsequently found to be in

particularly difficult circumstances following a breakdown of

the marriage and other similar difficult circumstances such as

domestic violence against spouses and children, forced

marriages and the forced return by the sponsor of family

members to the country of origin.".

Immediately after regulation 22 of the

principal

regulations, there shall be added the following new Part

"Part VII

Family reunification of refugees

This Part shall apply to family

Family

reunification of

reunification of refugees recognised by the

refugees.

Refugee Commissioner in accordance with the

Refugees Act.

(1)

The Director shall authorise the

Family

members for

entry and residence of the family members of

the purpose of

family

refugees referred to in regulation 4

reunification of

refugees.

Provided that if the refugee is an

unaccompanied minor, the Director -

(a) shall authorise the entry and

residence for the purposes of family

reunification of his first-degree relatives in

the direct ascending line;

(b) may authorise the entry and

residence for the purposes of family

reunification of his legal guardian or any

other member of the family, where the

refugee has no relatives in the direct

ascending line or such relatives cannot be

traced.

An application for entry and residence

for family members of a refugee whose family

relationship pre-dated their entry into Malta, or

such application was submitted at any date

following their grant of refugee status, or whose

family relationship was established subsequent to

their entry into Malta shall be submitted in

accordance with Part IV; provided that the

provisions of regulation 5(2) shall not apply in

their case

Provided that where a refugee cannot

provide official documentary evidence of the

family relationship, the Director shall take into

account other evidence and during the examination

of the application, the Director shall consult with

the Refugee Commissioner.

(1)

When submitting the application

for family reunification, the refugee whose family

relationship pre-dated their entry into Malta shall

not be required to provide documentary evidence

as provided for in regulation 12(b), (c) and (d).

(2) The requirements of regulation 14(3)

shall not apply to the family member of the said

refugee, unless his family members have been

authorised to join him in Malta.

(1)

Refugees

whose

family

relationships post-date the grant of refugee status

or whose application for family reunification has

not been submitted within a period of three months

after the grant of such refugee status shall require

to provide evidence that they have -

(a)

accommodation

regarded

as

normal for a comparable family in Malta and

which meets the general health and safety

standards in Malta; and

(b) stable and regular resources

which have not been obtained by virtue of

recourse to the social assistance of Malta and

which shall be deemed to be sufficient if they

are equivalent to the statutory minimum wage

in Malta.

(2) The provisions of regulations 9 and 13

shall not be applicable with regard to refugees.".

€0.36