RESIDENCE STATUS OF UNITED KINGDOM NATIONALS AND THEIR FAMILY MEMBERS IN MALTA IN ACCORDANCE WITH THE AGREEMENT

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

SUBSIDIARY LEGISLATION 217.25

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

1st February, 2020

LEGAL NOTICE 18 of 2020.

PART I

Preliminary

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.

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;

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

"Identity Malta Agency" means the entity established by

the Identity Malta Agency (Establishment) Order in accordance

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

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

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

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

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

Residence permits and Employment Licences Regulations.

PART III

Rights

Beneficiaries shall enjoy all the rights set out in Part Two

of the Agreement.

PART IV

Cessation of Rights and Appeals

The beneficiary shall lose the status provided for under

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

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

divested of the residence status by the Chief Executive Officer in

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

provisions of regulation 14 of the Free Movement of European Union

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

The residence document issued previously to a person,

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

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

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

regulation 5 is issued in his respect.