Regulations, 2019

L.N. 63 of 2019

IMMIGRATION ACT

(Cap. 217)

Immigration Status of British Citizens Resident in Malta on the

Withdrawal Date of the United Kingdom from The European Union

Regulations, 2019

IN EXERCISE of the powers conferred by article 36 of the

Immigration Act, the Minister responsible for Immigration, has made

the following regulations:-

PART I

Preliminary

(1) The title of these regulations is The Immigration

commencement.

Status of British Citizens Resident in Malta on the Withdrawal Date of

the United Kingdom from the European Union Regulations, 2019.

(2) These regulations shall come into force on the day

following that on which the Treaties of the European Union shall cease

to apply to the United Kingdom unless a Withdrawal Agreement

concluded between the European Union and the United Kingdom has

entered into force by that date.

In these regulations, unless the context otherwise requires

"the Act" means the Immigration Act;

"Board" means the Immigration Appeals Board constituted by

article 25A of the Act;

"British Citizen" means a person who holds British Nationality

under the British Nationality Act excluding those holding the

following British nationality status

(i)

British nationals (Overseas);

(ii)

British overseas territories citizens (BOTC);

(iii) British overseas citizens (BOC);

(iv) British protected persons (BPP);

(v)

British subjects (BS);

"Chief Executive Officer" means the Officer referred to in

regulation 9 of the Identity Malta Agency (Establishment) Order; S.L. 595.07

"employment 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 as

provided for in article 11(3) of the Act;

"family member" means a family member or other family

member as defined in article 2 of the Free Movement of

European Union Nationals and their Family Members Order;

"Identity Malta Agency" means the entity established by

the Identity Malta Agency (Establishment) Order;

"national minimum wage" means the wage published by

means of a National Minimum Wage National Standard Order

under the Employment and Industrial Relations Act;

"partner" means a partner as referred to in article 3(1) of the

Free Movement of European Union Nationals and their Family S.L.460.17

Members Order;

"Principal Immigration Officer"

means

the

person

appointed to such Office by the Act;

"Residence permit" means a permit issued in the format of

Council Regulation (EC) No 1030/2002 of 13 June 2002 laying

down a uniform format for residence permits for third-country

nationals, to British citizens under regulation 6;

"Withdrawal date" means the day on which the Treaties of

the European Union shall cease to apply to the United Kingdom.

PART II

Residence Rights

F’dawn ir-regolamenti, kemm-il darba r-rabta tal-kliem ma Interpretazzjoni.

teħtieġx xort’oħra -

"Aġenzija Identità Malta" tfisser l-entità imwaqqfa

permezz tal-Ordni li jwaqqaf l-Aġenzija Identità Malta;

"l-Att" tfisser l-Att dwar l-Immigrazzjoni;

"Bord" tfisser il-Bord tal-Appelli dwar l-Immigrazzjoni,

mwaqqaf bl-artikolu 25A tal-Att;

"Ċittadin Brittaniku" tfisser persuna li żomm Nazzjonalità

Brittanika taħt il-"British Nationality Act" u teskludi lil dawk li

jżommu l-istatus ta’ Nazzjonalità Brittanika kif indikat

hawnhekk

(i) Persuni ta’ Nazzjonalità tar-Renju Unit (Extra-

Ewropej);

(ii) Ċittadini tar-Renju Unit f’Territorji Extra-

Ewropej (BOTC);

(iii) Ċittadini tar-Renju Unit Extra-Ewropej (BOC);

(iv) Persuni tar-Renju Unit Protetti (BPP);

(v)

Sudditi tar-Renju Unit (BS);

"Data tat-tluq" tfisser il-ġurnata li t-Trattati tal-Unjoni

Ewropea ma jibqgħux applikabbli għar-Renju Unit.

"l-inqas paga nazzjonali" tfisser il-paga ippubblikata permezz ta’

Ordni ta’ Standard Nazzjonali dwar l-Inqas Paga Nazzjonali taħt l-Att

dwar l-Impiegi u r-Relazzjonijiet Industrijali;

"Liċenzja tax-xogħol" tfisser dik il-liċenzja ta’ l-impjieg kif

jinħtieġ għad-detentur tagħha biex jaħdem bħala persuna impjegata

jew biex iwettaq xi attività ekonomika oħra f’Malta, kif provdut fl-

artikolu 11(3) tal-Att;

"membru tal-familja" tfisser membru tal-familja jew membri

oħra tal-familja hekk kif imfissra fl-artikolu tal-Ordni dwar il-

Moviment Liberu ta’ Ċittadini tal-Unjoni Ewropea u tal-Membri tal-

Familji tagħhom;

"sieħeb" tfisser is-sieħeb hekk kif imsemmi fl-artikolu 3(1) tal-

Ordni dwar il-Moviment Liberu ta’ Ċittadini tal-Unjoni Ewropea

Ewropea u tal-Membri tal-Familji tagħhom;

"permess għal residenza" tfisser il-permess maħruġ fil-format

tar-Regolament tal-Kunsill (KE) Nru 1030/2002 tat-13 ta’ Ġunju 2002

li jippreskrivi format uniformi għall-permessi ta’ residenza għaċ-

ċittadini ta’ pajjiz terz, għaċ-ċittadini Brittaniċi skont ir-regolament ;

"Uffiċjal Kap Eżekuttiv" tfisser l-Uffiċjal imsemmi fl-artikolu 9

tal-Ordni li jwaqqaf l-Aġenzija Identità Malta;

"Uffiċjal Prinċipali tal-Immigrazzjoni" tfisser persuna maħtura

f’din il-kariga skont l-Att.

TAQSIMA II

Drittijiet għar-Residenza

(1) A British citizen who, on the withdrawal date, was Right to reside

resident in Malta and was in Malta prior to the said date after having in Malta

satisfied the requirements stipulated in the provisions of the Free

Movement of European Union Nationals and Their Family Members S.L. 460.17

Order, shall be entitled to continue to reside in Malta and enjoy the

right of free movement into and from Malta in accordance with the

provisions of these regulations

Provided that such British citizen has enough funds to

maintain himself in Malta, which funds shall be equivalent to the

national minimum wage in Malta, and that he has sickness insurance.

(2) A British citizen who holds a valid Certificate under the

Residents Scheme Regulations shall also be entitled to the status under

these regulations provided that he relinquishes the said Certificate and

submits an application under these regulations within 2 years from the

withdrawal date

Provided that where such British citizen opts for the status

under these regulations, the Residence Documentation held by such

British citizen on the basis of the Residents Scheme Regulations shall

continue to be valid until the Residence Permit under these regulations

is issued.

The family member or partner of the British citizen referred

to in regulation 3 shall enjoy such right of residence even if the said

family member or partner was not residing in Malta on the withdrawal

date

Provided that, with the exception of a child born to or

adopted by the said British citizen, his family member or partner shall

not enjoy such right of residence if the relationship or partnership is

established subsequent to the withdrawal date

Provided further that, in the case of divorce, separation or

death of the British citizen, where this had occurred prior to the

withdrawal date and where such family member had continued to

enjoy the right of residence in accordance with the provisions of the

Free Movement of European Union Nationals and Their Family

Members Order, such family member shall continue to enjoy such

right of residence exclusively in his own respect.

(1) A beneficiary of these regulations shall enjoy the

status provided by these regulations for a period of ten years from the

withdrawal date.

(2) This status shall be renewed upon application provided that

the conditions of these regulations continue to be satisfied

Upon the submission of the relative application and

documentation as determined by the Chief Executive Officer, showing

that the applicant meets the conditions set out in these regulations, the

Chief Executive Officer shall issue him with a residence permit free of

charge to reflect his status under these regulations

Provided that, before issuing such residence permit, the

Chief Executive Officer shall refer the application to the Principal

Immigration Officer in order to ensure that there are no grounds to

consider the applicant’s residence in Malta to be contrary to the public

interest.

The Residence Documentation previously issued to a Temporary

person who would qualify for such status on the basis of his right of validity

Residence

free movement prior to the withdrawal date, shall be deemed to be Documentation.

valid until the residence permit referred to in regulation 6 is issued in

his respect.

PART III

Related Rights

A beneficiary of these regulations shall be entitled to

Rights.

(a) without prejudice to any specific legislation

applicable to the regulated professions and without prejudice to

the Nationality Requirements for Appointments in Public S.L. 595.03

Administration Regulations and any regulations made

thereunder, take up any employment or self-employed activities

in Malta and shall not require an employment licence for that

purpose;

(b)

access to

(i) healthcare in the same way as prior to the

withdrawal date, if he is a worker or student, or his family

member;

(ii) healthcare entitlements applicable to him prior

to the withdrawal date, if on this date he has in his

possession a certificate of entitlement under the S1 scheme;

(iii) healthcare entitlements, applicable to them

prior to the withdrawal date, if they are economically self-

sufficient and do not fall to be considered under the

previous sub-paragraphs (i) and (ii);

(c) access to education in the same way as EU nationals

exercising their right to free movement in Malta in accordance

with the Free Movement of European Union Nationals and their S.L. 460.17

Family Members Order

Provided that a beneficiary of these regulations shall

be entitled to study and maintenance grants and loans only if he

has resided in Malta for 5 years;

(d) equal treatment with Maltese nationals with regard to

recognition of diplomas, certificates and professional

qualifications in accordance with Maltese legislation, provided

that an application for such recognition has been submitted prior

to the withdrawal date;

(e) equal treatment with Maltese nationals as regards

access to goods and services and the supply of goods and

services made available to the public, unless provided otherwise

by these regulations or any other legislation;

(f) social benefits including housing benefits, in the

same way as EU nationals exercising their right of free

movement in Malta in accordance with the Free Movement of

European Union Nationals and their Family Members Order

Provided that he does not become a burden on the

Maltese social assistance system;

(g) exchange his driving licence issued by the competent

authority in the United Kingdom into a driving licence issued by

the competent authority in Malta, as provided for in the Motor

Vehicles (Driving Licences) Regulations, without the need to

undergo the test referred to in regulation 16 thereof.

PART IV

Cessation of Rights and Appeals

The entitlement to the status under these regulations shall

cease if

(a) the beneficiary of these regulations absents himself

from Malta for a continuous period of two years

Provided that continuity of residence shall not be

affected by

(i) temporary absences not exceeding a total of six

months in each year; or

(ii) absences of a longer duration for compulsory

military service; or

(iii) 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 outside Malta; or

(b) it is contrary to the public interest or public security

that the beneficiary should enjoy or continue to enjoy such

status; or

(c) the beneficiary, after the withdrawal date, has been

found guilty of an offence and sentenced to imprisonment for

one year or more, in Malta or abroad; or

(d) the beneficiary no longer has enough funds to

maintain himself in Malta, which funds shall be equivalent to the

national minimum wage in Malta; or he no longer has sickness

insurance, or he becomes a burden on the Maltese social

assistance system, without prejudice to regulation 9; or

(e) the beneficiary does not submit an application for a

residence permit as provided for in regulation 6 within 2 years

from the withdrawal date; or

(f) such entitlement was obtained by means of fraud,

false representation or the concealment of any material fact; or

(g) the beneficiary is the spouse or registered partner,

who is a third country national and who, following the

withdrawal date, separates or divorces from the British citizen

from whom he has derived such status, during the three year

period following the date of marriage or registration of

partnership; or

(h) the beneficiary is the de facto partner, who is a third

country national and whose relationship with the British citizen

from whom he has derived such status no longer subsists; or

(i) the beneficiary is a third country national family

member or partner of the person mentioned in paragraph (d), or a

third country national family member of the person mentioned in

paragraphs (g) and (h).

(1)

The Chief Executive Officer shall inform the person

Remedy.

(a) who is being divested of the status conferred by these

regulations; or

(b) whose application to be issued with a residence

permit which reflects such status has been refused,

of his decision and the grounds for such decision, in writing, in a

way that is comprehensible to such person, unless this is contrary to

the interests of the security of Malta.

(2) A person who is divested of the status conferred by these

regulations, and has been informed pursuant to sub-regulation (1),

shall have the right to lodge an appeal to the Board.

(3)

The Chief Executive Officer shall inform the person

referred to in sub-regulation(1) in writing, of such person’s right to

lodge an appeal to the Board and the time limit for the appeal.

A person who is divested of the status conferred by these

regulations shall be notified of the time allowed to leave Malta, which

shall not be less than one month from the date of notification, except in

duly substantiated cases of urgency.

Where it is necessary for a person referred to in regulation

10 to be removed from Malta, the provisions of article 14 of the Act

and any regulations made thereunder shall apply.

€0.63