Community Regulations, 2020

L.N. 18 of 2020

IMMIGRATION ACT

(CAP. 217)

Residence Status of United Kingdom Nationals and their Family

Members in Malta in accordance with the Agreement on the

Withdrawal of the United Kingdom and Northern Ireland from

the European Union and the European Atomic Energy

Community Regulations, 2020

IN EXERCISE of the powers conferred upon him by article 4A

of the Immigration Act, the Minister for immigration, has made the

following regulations:-

PART I

Preliminary

(1) The title of these regulations is the Residence Status

of United Kingdom nationals and their family members in accordance

with the Agreement on the Withdrawal of the United Kingdom and

Northern Ireland from the European Union and the European Atomic

Energy Community Regulations, 2020.

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

following the withdrawal date.

In these Regulations, unless the context otherwise requires

"the Act" means the Immigration Act;

"Agreement" means the Agreement on the Withdrawal of

the United Kingdom of Great Britain and Northern Ireland from

the European Union and the European Atomic Energy

Community;

"beneficiary" means the United Kingdom national or his

family members who qualify for the right of residence under the

Agreement;

"Board" means the Immigration Appeals Board constituted

by article 25A of the Act;

"Chief Executive Officer" means the person appointed as

Chief Executive Officer, Identity Management and Ancillary

Services in accordance to regulation 9 of the Identity Malta

Agency (Establishment) Order;

"family members" means those persons defined in Article

10 of Part Two of the Agreement;

"Identity Malta Agency" means the entity established by

the Identity Malta Agency (Establishment) Order in accordance S.L. 595.07.

to regulation 3;

"residence document" means the document referred to in

Article 18 of Part Two of the Agreement;

"transition period" means the period stipulated in Article

126 of Part Four of the Agreement;

"Union law" means

(i) the Treaty on European Union "TEU", the

Treaty on the Functioning of the European Union "TFEU"

and the Treaty establishing the European Atomic Energy

Community "Euratom Treaty", as amended or

supplemented, as well as the Treaties of Accession and the

Charter of Fundamental Rights of the European Union,

together referred to as "the Treaties";

(ii)

the general principles of the Union's law;

(iii) the acts adopted by the institutions, bodies,

offices or agencies of the Union;

(iv) the international agreements to which the Union

is party and the international agreements concluded by the

Member States acting on behalf of the Union;

(v) the agreements between Member States entered

into in their capacity as Member States of the Union;

(vi) acts of the representatives of the Governments

of the Member States meeting within the European Council

or the Council of the European Union "Council";

(vii) the declarations made in the context of

intergovernmental conferences which adopted the Treaties;

"United Kingdom national" means a national of the United

Kingdom, as defined in the New Declaration by the Government

of the United Kingdom of Great Britain and Northern Ireland of

31 December 1982 on the definition of the term "nationals"

together with Declaration No. 63 annexed to the Final Act of the

intergovernmental conference which adopted the Treaty of

Lisbon;

"withdrawal date" means 31 January 2020.

PART II

Residence Status

These regulations shall be read in conjunction with the

provisions of the Agreement in respect of the right of residence in

Malta of citizens of the United Kingdom and their family members.

In order to enjoy the rights laid down in the Agreement,

beneficiaries of these regulations shall submit an application for a

residence document.

(1) The Chief Executive Officer shall issue an applicant

for residence status with a residence document valid for a period of ten

(10) years if

(i) the person qualifies under the conditions

stipulated in Part Two of the Agreement;

(ii) the person submits the application before 30

June 2021 if he is residing in Malta during the transition

period or, for persons who have the right to commence

residence after the end of the transition period in

accordance with the Agreement, the person submits the

application within three (3) months after their arrival or

from the above-mentioned date, whichever is later

Provided that a UK national and family members

accompanying him, who intend to start residing in Malta during

the transition period, shall only be allowed to submit such

application after a period of three (3) months from the date of

such arrival to Malta;

(iii) the person submits all relevant documentation;

(iv) the person has declared, by means of

documentation, any past criminal convictions which appear

in his criminal record in accordance with the law of the

State of conviction at the time the application has been

submitted;

(v) the Chief Executive Officer has ascertained that

all checks have been conducted on the applicant and the

grant of the status is not contrary to public policy or public

security and that there has not been any abuse of rights or

fraud in relation to the application for such document.

(2) The residence document referred to in sub-regulation

1 shall be renewed on expiry by means of an application, unless

the beneficiary ceases to meet the conditions set out in these

regulations and the Agreement.

(3) The fees charged for the issue of a residence

document shall be those prescribed in the Fees Payable for S.L. 217.01.

Residence permits and Employment Licences Regulations.

PART III

Rights

Beneficiaries shall enjoy all the rights set out in Part Two of Rights.

the Agreement.

PART IV

Cessation of Rights and Appeals

The beneficiary shall lose the status provided for under Cessation of

these regulations if, subsequent to the transition period, he has been rights.

found guilty of an offence and sentenced to imprisonment for twelve

(12) months or more, in Malta or abroad.

A beneficiary or his family members, who have been Right to file an

divested of the residence status by the Chief Executive Officer in terms appeal.

of these regulations, may file an appeal with the Board and the

provisions of regulation 14 of the Free Movement of European Union S.L. 460.17

Nationals and their Family Members Order shall apply in this respect.

The residence document issued previously to a person, on Temporary

the basis of his right of free movement prior to the said withdrawal validity

residence

date, who would qualify as a beneficiary under these regulations, shall document.

be deemed to be valid until the residence document referred to in

regulation 5 is issued in his respect.

PART V

Repeal

The Immigration Status of British Citizens Resident in Repeal.

Malta on the Withdrawal Date of the United Kingdom from the S.L. 217.23.

European Union Regulations, are hereby being repealed.

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