IMMIGRATION REGULATIONS

SUBSIDIARY LEGISLATION 217.04

IMMIGRATION REGULATIONS

1st May, 2004

LEGAL NOTICE 205 of 2004, as amended by Legal Notices 307 and 426

of 2012 and Act XXIX of 2019 and Legal Notice 1 and 32 of 2023.

PART I

Preliminary

(1) The title of these regulations is the Immigration

Regulations.

(2) These regulations shall come into force on 1st May, 2004,

except for regulation 12(3) which shall come into force on such

date or dates as the Minister may by notice in the Gazette appoint.

(regulation 19)

Fees payable to the Registrar of the Immigration Appeals Board

For the filing of an application of an appeal from decisions on

the issuance of residence permits .........................€45

For the filing of an application of an appeal from decisions on

the issuance of visas .........................€120

For the filing of an application of an appeal from decisions on

matters of carrier liability .........................€120

In these regulations, unless the context otherwise requires -

"the Act" means the Immigration Act;

"border check" means a check carried out at such border crossing

point exclusively in response to a person’s intention to pass through

the border crossing points;

"border crossing points" means any crossing point as may be

designated from time to time by the Principal Immigration Officer

for the crossing of external borders into Malta;

"border officer" means a public officer assigned by the Principal

Immigration Officer, to a designated border crossing point to conduct

border checks to ensure that persons may be authorised to enter the

territory of Malta or authorised to leave the said territory. For the

purpose of these regulations, "border officers" shall not include other

members of disciplined forces conducting border checks at border

crossing points;

"citizen of the Union" means a national of any Member State and

includes Maltese nationals where the context so requires;

"Common Consular Instructions" means the "Common Consular

Instructions on visas for the diplomatic missions and consular posts

of the Contracting Parties to the Schengen Convention" issued by

the European Union as defined in the European Union Act;

"dependant" in relation to another person means -

(a) for right of residence -

(i)

his spouse and their descendants under twenty-

one years of age or who depend on them;

(ii) his ascendants and those of his spouse who

depend on them;

(b) for right to employment -

(i) his spouse;

(ii) their children under twenty-one years of age or

who depend on such person;

"employment agency" means the public agency on employment

service set up in terms of the Employment Agencies Regulations;

"identification document" includes a valid passport,

identification card, travel document or other appropriate document

as the Minister may, by notice in the Gazette, designate as such for

the purposes of these regulations;

"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;

"Maltese national" means any person deemed to be a citizen of

Malta in virtue of the Constitution of Malta and any other law as

may be in force;

"Member State" has the same meaning as that of "Agreement

State" as defined in the Act;

"person to be refused entry" means a person who in the opinion

of the Principal Immigration Officer is to be withheld from

crossing a border crossing point;

"residence document" includes a permit issued under article 4A

of the Act to dependants of citizens of the Union, who are not

themselves citizens of the Union, and in particular includes an

authorisation of any type, whether temporary or not, or whether

given for a special or ad hoc purpose, giving the right of residence

within the territory of Malta;

"residence permit" includes a permit issued under article 4A of

the Act, and in particular includes an authorisation of any type,

whether temporary or not, or whether given for a special or ad hoc

purpose, giving the right of residence to a citizen of the Union

within the territory of Malta;

"Schengen Agreement" has the same meaning as that of "Border

A greem ent " as def ined in th e Act and "Sch engen " shall be

construed accordingly;

"third country" means any state except Malta or any another

Member State;

"third country national" means a person who is not a citizen of

the Union;

"travel document" means such document as entitles the holder to

cross a border crossing point;

"uniform residence permit" means a permit issued under article

4A of the Act, and in particular means an authorisation of any type

giving the right of residence within the territory of Malta to a third

country national who is not dependent upon a citizen of the Union.

Th is d efi ni tio n sh all n ot in clud e t em porary p erm i ssi on f or

r e s i d e nc e i n Ma lt a fo r t h e p ur p os e o f t he p ro c e s s in g o f a n

application for asylum or an application for a uniform residence

permit;

"visa" means an authorisation issued in terms of article 8 of the

Act for the purpose of these regulations.

PART II *

Entry, Free Movement and related rights of Citizens of the Union

and their Dependants

(1) Subject to the provisions of these regulations, a citizen

of the Union shall have the right to enter, remain and reside in

Malta, seek and take up employment or self-employment therein,

and such rights shall, subject to what is stated in these regulations,

be also applicable to dependants.

(2) Subject to limitations justified on grounds of public policy,

public security or public health, a citizen of the Union shall have

the righ t o f en try and exit simp ly on p rod uctio n o f a valid

identification document and to move freely within Malta for a

period of three months, commencing on the date of entry, or such

other period as may be prescribed

Provided that, where he intends to reside for a longer

period, he shall apply for and be granted a residence permit as

specified in these regulations.

(3) The period of three months referred to in the preceding

subregulation is extendable to six months in the case of a person

who provides evidence that, subject to the provisions of these

regulations, he is genuinely seeking employment and has a genuine

prospect of securing employment by the end of the said period of

six months.

(4) The Principal Immigration Officer shall not refuse entry

into Malta, nor shall he refuse to issue or renew a residence permit

or other residence document, or any stamp or visa, as the case may

be, to which the persons referred to under this Part are entitled, nor

shall he remove such persons, except where such refusal or removal

is justified on grounds of public policy, public security or public

health.

(5) Where action is taken in accordance with the preceding

subregulation, such refusal or removal shall be based exclusively

on the personal conduct of the individual concerned, and previous

criminal convictions shall not in themselves constitute grounds for

the taking of such measures.

(6) Expiry of the identification document used by a citizen of

the Union and his dependants to enter Malta and the failure of such

persons to obtain a residence permit or a residence document as the

case may be, shall not, by itself, justify removal from Malta.

(7) When the Principal Immigration Officer refuses entry to or

refuses to issue a first residence permit to any citizen of the Union

on grounds of public health, reference may only be made to the

diseases and disabilities mentioned in any regulation made under

articles 44 and, or, 50 of the Prevention of Disease Ordinance.

Diseases or disabilities occurring after a first residence permit has

been issued shall not, by themselves, justify refusal to renew the

residence permit or for removal from Malta.

*This Part is revoked with respect to nationals of the EU only. See S.L. 460.17.

(1) Any citizen of the Union may reside in Malta but where

such residence is to exceed the period mentioned in regulation 3(2),

or when, during the six month period mentioned in regulation 3(3),

such citizen takes up employment, he shall apply for a permit and

the Principal Immigration Officer shall, subject to the provisions of

these regulations, issue the citizen and, where applicable, his

dependants, with a residence permit or a residence document.

(2) Save as otherwise provided for in this regulation, a

residence permit shall be valid for a period of five years from the

date of issue and shall, in normal circumstances, be automatically

renewable.

(3) Breaks in residence not exceeding six consecutive months

and absence on military service shall not affect the validity of the

residence permit.

(4) Without prejudice to any rights which dependants may

enjoy in terms of these regulations, they shall have the right of

residence in Malta only for as long as the right of residence of the

citizen of the Union continues and the conditions mentioned therein

continue to subsist.

(5) The Principal Immigration Officer shall facilitate the

admission of a family member if such person is economically

dependent upon the citizen of the Union or shares the same abode

in the country where they resided before coming to Malta.

(6) A residence permit and, or, residence document shall

specify whether the residence has been taken up for the purpose of

long-term or permanent stay in Malta, for work, study or other

purpose.

(7) Whenever a person wishes to change the scope for which a

residence permit and, or, a residence document has been issued, he

shall apply to the Principal Immigration Officer, and such Officer

shall, subject to the provisions of these regulations in particular

those relating to work, issue a new residence permit and, or, a

residence document.

(8) The provisions of these regulations shall be without

prejudice to the provisions of any law regulating the acquisition of

property in Malta by non Maltese nationals and a residence permit

or a residence document shall not, by itself, entitle the holder to

acquire or hold property in Malta over and above what is regulated

by the Immovable Property (Acquisiton by Non-Residents) Act.

(1) Where a citizen of the Union wishes to take up

employment (hereinafter referred to as "the worker") no such

employment can be undertaken unless, in addition to a residence

permit, a licence has been issued, provided that such licence shall

not, subject to what is stated herein, be withheld.

(2) The provisions of these regulations shall be without

prejudice to any restrictions on employment on grounds of

citizenship in those sectors of the Public Service that are open only

to Maltese nationals.

(3)

Where a citizen of the Union is a worker pursuing an

activity as an employed person in Malta, his dependants shall, even

if they are third country nationals, have the right to install

themselves with the worker, and for such purposes, they shall be

issued with a residence permit or a residence document as the case

may be, subject to the same rights and conditions as the residence

permit held by the person of whom they are dependants, including

the right to take up an activity as an employed person in Malta

provided that the worker shall have available for his dependants,

accommodation considered as normal for Maltese workers.

(4) Entitlement to a residence permit and, or, residence

document for the purpose of employment shall be evidenced as

follows

(a) by the worker

(i)

production of a valid identification document

with which the citizen of the Union entered

Malta; and

(ii) production of a licence;

(b) by the dependants

(i) a valid identification document; and

(ii) a visa, if the dependants are citizens of a state

whose citizens require a visa when crossing the

border crossing point; and

(iii) a document issued by a competent authority of

the state of origin or the state from which such

dependants came, proving their relationship to

the worker; and

(iv) a document issued by the competent authority of

the state of origin or the state from which the

dependants came testifying that they depend on

the worker or that they share the same abode in

such country.

(5) A citizen of the Union who enters Malta for work and who,

having been granted a residence permit, is employed in Malta shall,

subject to the following provisions of this regulation, be considered

to have resident status for as long as he does not become

voluntarily unemployed

Provided that where the worker employed in Malta has his

residence in a Member State other than Malta, and returns to such

state at least once a week, he shall be issued with a special

residence permit valid for five years and automatically renewable.

(6) Residence may be revoked where the worker has become

voluntarily unemployed and such revocation may be extended to

his dependants as the case may be.

(7) The Minister responsible for employment, may, by Order,

and on the advice of the employment agency, indicate that in his

opinion the grant of a licence to a citizen of the Union and, or, his

dependants in a particular sector or occupation creates or may

create disturbances on the labour market which could seriously

threaten the standard of living or level of employment.

(8) For the purpose of subregulation (7), in particular for the

monitoring of the labour market by the employment agency, any

person who employs a worker shall abide by the provisions of the

M a n p o w e r R e c o r d s ( C o m m e n c e m e n t o r Te r m i n a t i o n o f

Employment) Regulations, both at time of employment and at time

of termination.

(9) Any person who employs a worker without a licence shall

be guilty of an offence in terms of the Act.

(1) Where, in terms of these regulations, a residence

permit is issued for the purpose of work, such residence permit may

not be withdrawn solely on the grounds that the worker is no longer

in employment, either because he is temporarily incapable of work

as a result of illness or accident or due to his being involuntarily

unemployed, this being duly confirmed by the employment agency

Provided that, if he has been involuntarily unemployed for

more than twelve consecutive months at the first renewal date, the

subsequent period of residence may be restricted to a period of less

than five years but more than twelve months on the advice of the

employment agency.

(2) A citizen of the Union who enters Malta to take up

employment for a period of between three and twelve months and is

so employed by an employer in Malta or is in the employ of a

person lawfully providing services in Malta, shall be entitled to

apply for a residence permit the validity of which shall be limited

to the expected period of employment.

(3) A residence permit shall likewise be issued to a seasonal

worker employed for a period of more than three months for the

expected duration of the seasonal work. The period of employment

shall be shown in the licence.

(4) A citizen of the Union who enters Malta to take up

e m p l o y m e n t f o r t h r e e m o n t h s o r l es s , w h e t h e r s e a s o n a l o r

otherwise, shall not be entitled to a residence permit but may stay

in Malta for the duration of the work period on the basis of a

licence.

(5) Subject to the provisions of regulation 3, completion of the

formalities for obtaining a residence permit shall not hinder the

im mediate commencem ent of employm ent under a contract

lawfully concluded by applicants having the right to take up

employment in Malta provided that they are in possession of a

licence.

(6) Subject to the provisions of this regulation, a citizen of the

U n i on wh o ha s w or k e d i n M a l t a as a n e m pl o y e d pe r s o n a s

envisaged in regulations 4 and 5, shall have the right to remain

permanently in Malta if -

(a) at the time of termination of his employment he has

reached retirement age, has been employed for at least

twelve months before that date and has resided

continuously in Malta for more than three years; or

(b) he ceases to work as an employed person as a result of

permanent incapacity to work, having resided in Malta

continuously for more than two years, provided that

the required minimum residence period shall not apply

if such incapacity is the result of an accident at work

or an occupational disease entitling him to a pension

for which an institution or body in Malta is wholly or

partially responsible; or

(c) having ceased to work as an employed person after

three years continuous employment and residence in

Malta, he works as an employed person in another

Member State while retaining his residence in Malta,

to which he returns, at least once a week.

(7) Periods of employment completed in the circumstances of

subregulation (6)(c) in another Member State shall be considered as

having been completed in Malta for the purposes of entitlement to

the rights referred to in subregulation (6)(a) and (b).

(8) The conditions as to length of residence and employment

laid down in subregulation (6)(a) and the condition as to length of

residence laid down in subregulation (6)(b), shall not apply if the

spouse of any such person is a citizen of Malta or has lost Maltese

citizenship by reason of marriage to him.

(9) Periods of involuntary unemployment, duly recorded by the

employment agency and absences due to illness or accident shall be

considered as periods of employment within the meaning of

subregulation (6).

(10) Dependants of the person referred to in subregulation (6)

and who are residing with him in Malta shall also be entitled to

remain in Malta permanently if such person has acquired the right

to remain in Malta in accordance with the provisions of this

regulation and the rights of such dependants shall subsist even after

such person’s death

Provided that if such person dies while in employment

before having acquired the right to remain permanently in Malta,

the dependants shall be entitled to remain permanently in Malta

provided either -

(i)

that such person had, on the date of his death,

resided continuously in Malta for at least two

years; or

(ii) that his death resulted from an accident at work

or an occupational disease; or

(iii) that the surviving spouse is a citizen of Malta or

lost Maltese citizenship only by reason of

marriage to such person.

(11) Such persons who by virtue of this regulation have the right

to remain permanently in Malta shall be entitled to a residence

permit and, or, a residence document valid for five years which

permit and, or, document shall be automatically renewable. Periods

of non-residence not exceeding six consecutive months shall not

affect the validity of the residence permit and, or, residence

document.

(12) The right to remain permanently in Malta as referred to in

subregulation (6)(a) and (b) and in subregulation (10) may be

exercised at any time within two years from the time when the

person entitled to this right becomes so entitled. During such period

the person entitled may leave Malta without prejudicing such right.

(13) Continuity of residence as provided for in subregulation (6)

and in the proviso to subregulation (10) may be attested by the

residence permit and, or, residence document issued in terms of

subregulation (11). It shall not be affected by temporary absences

not exceeding a total of three months per year, nor by longer

absences due to compliance with obligations of military service.

(14) The Principal Immigration Officer shall facilitate the

readmission into Malta of workers who have left Malta after having

been employed and having resided in Malta for a long period and

who wish to return to Malta after having retired or become

permanently incapacitated for work.

(1) Without prejudice to regulation 3 and subject to any

restrictions or conditions as may be imposed by these regulations -

(a) any citizen of the Union may enter Malta to establish

himself in Malta in order to pursue activities as a self-

employed person, to provide services in Malta, or as

recipient of services; and

(b) the dependants shall have the same rights as such a

citizen, without prejudice to the requirement that such

dependants may be required to have a visa for entry

into Malta.

(2) The Principal Immigration Officer shall facilitate the

admission of any family member of a citizen as mentioned in

subregulation (1), if such family member is economically

dependent upon the citizen of the Union, or his spouse, or was

sharing the same abode in the country of origin.

(3) The provisions of regulation 4(2) and (3), and in so far as

self-employed persons are concerned of regulation 6(1), shall

mutatis mutandis apply.

(4) The right of residence for persons providing and receiving

services shall be of equal duration with the period during which the

services are provided. If the period during which the services are

provided exceeds three months a residence permit shall be issued;

where the period does not exceed three months, the identification

document with which the person concerned entered Malta shall

suffice to cover his stay.

(5) A residence document shall be issued to dependants who

are not citizens of the Union, and such residence document shall

have the same validity as for the citizen of the Union concerned.

(6) An applicant for a residence permit and, or, residence

document, being one of the persons mentioned in subregulation (1)

shall present -

(a) a valid identification document, and, where a visa is

required in accordance with subregulation (1) for a

dependant, the visa with which he entered Malta; and

(b) proof that he falls within one of the categories of

persons referred to in this regulation.

(7) The provisions of regulation 6(6) to (14) relating to the

right to remain permanently in Malta shall apply, mutatis mutandis,

in regard to citizens of the Union who have pursued activities as

self-employed persons in Malta and their dependants.

(8) No citizen of the Union or his dependant can pursue

activities as a self-employed, unless he -

(a) is a bona fide self-employed person;

(b) operates from a registered address and satisfies all

other requirements that are normally required of a self-

employed Maltese national, including all matters

relating to registration and taxation; and

(c) has the ability to support himself and such dependants

as may be accompanying him.

(9) The regulations mentioned in regulation 5(8) shall apply to

self-employed persons and providers of services.

(1) A citizen of the Union has the right to reside in Malta

for the purpose of following a course of education including

vocational training in accordance with this regulation.

(2) Without prejudice to the generality of regulations 3 and 4,

the right of residence recognised by subregulation (1) shall be

subject to the following conditions

(a) that the citizen of the Union is enrolled in a recognised

educational establishment as provided for in the

Education Act or by the Employment and Training

Services Act for the principal purpose of following a

course of education, including a vocational training

course therein;

(b) that he and his dependants entitled to accompany him,

as defined in subregulation (4), and accompanying

him, are covered by sickness insurance in respect of all

risks in Malta; and

(c) that he makes a declaration of resources or otherwise

gives an assurance to the Principal Immigration

Officer that he has sufficient resources to avoid

becoming a burden on the social assistance system in

Malta during the period of residence of himself and his

dependants.

(3) A citizen of the Union seeking entry into Malta for the

purposes of this regulation shall furnish sufficient proof of

compliance with the conditions prescribed in this regulation to the

Principal Immigration Officer at the time of entry into Malta.

(4) Subject to the generality of the provisions relating to third

country nationals, the dependants of a student shall be entitled to

accompany him, to reside in Malta and to take up any employed or

self-employed activity in Malta, even if they are not themselves

citizens of the Union, so however that for the purposes of this

regulation, the term "dependant" does not include the ascendant of

the student or of his spouse.

(5) The rights of residence recognised or enjoyed under this

regulation shall continue for the duration of the course of studies in

question and as long as the conditions set out in this regulation

continue to subsist.

(6) Save as otherwise provided in this regulation, a residence

permit as may be prescribed, issued upon application to a citizen of

the Union, shall be limited in duration to

(a) the particular course of studies, where the duration of

such course is shorter than one year; or

(b) a period of one year on a renewable basis if the course

of studies is of longer duration.

(7) The dependants shall also be entitled to such permit, but if

they are not citizens of the Union, then they shall be issued with a

residence document which has the same validity as that issued to

the citizen of the Union.

(8) Entitlement to a residence permit and, or, a residence

document, where it arises under this regulation, shall be evidenced

as follows

(a) for the student

(i) a valid identification document;

(ii) proof that he has been enrolled in a recognised

educational establishment for the principal

purpose of following a course of education

including a vocational training course thereat;

(iii) proof that he is covered by sickness insurance as

provided in subregulation (2)(b);

(iv) a declaration that he has sufficient resources as

referred to in subregulation (2)(c);

(b) for his dependants

(i) a valid identification document;

(ii) a visa, if the dependants are not citizens of the

Union but of a state whose citizens require a visa

when crossing the border crossing point;

(iii) proof of the relationship with the student and,

where applicable, of dependence on him;

(iv) proof that each dependant is covered by sickness

insurance as provided in subregulation (2)(b);

(v) a declaration by the student that he has sufficient

resources as referred to in subregulation (2)(c).

(1) A citizen of the Union and his dependants who do not

otherwise enjoy the right of residence in Malta under this Part shall

have the right to reside in Malta in accordance with the provisions

of this regulation.

(2) The Principal Immigration Officer shall issue the persons

mentioned in subregulation (1) with a residence permit and, or, a

residence document valid for a maximum period of five years,

automatically renewable, provided that the citizen of the Union and

those dependants actually accompanying him -

(a) are covered by sickness insurance in respect of all

risks in Malta;

(b) have sufficient resources as provided for in this

regulation, to avoid their becoming a burden on the

social assistance system in Malta during the period of

their residence; and

(c) provide evidence to that effect, along with a valid

identification document and, in the case of dependants

who are third country nationals, a valid visa, when the

application for the residence permit and, or, a

residence document is submitted.

(3) For the purposes of subregulation (2)(b), the resources

referred to in that paragraph shall be deemed sufficient if they are

higher than the level of resources indicated by the Ministry

responsible for social policy as being the minimum means which

determine the grant of social assistance to Maltese nationals, and

taking into account the personal circumstances of the applicant and,

where appropriate, the personal circumstances of accompanying

dependants. If this criterion cannot be applied, such resources shall

be deemed sufficient if they are higher than the level of the national

minimum social security pension payable by the Government of

Malta at the time of application.

(4) Subject to the provisions of this regulation, the dependants

shall, irrespective of their citizenship, have the right to install

themselves in Malta with such a citizen of the Union as is entitled

to reside in Malta under the provisions of this regulation.

(5) The rights of residence recognised or enjoyed under this

regulation shall continue for as long as the conditions referred to in

this regulation continue to subsist.

(6) The provisions of regulation 4(2), (3) and (4) shall mutatis

mutandis apply. Sohowever that the permit may be revalidated at

the end of the first two years of residence.

(7) Subject to the preceding provisions of this regulation and of

regulation 3, the dependants of a citizen of the Union shall be

entitled to take up any employed or self-employed activity in

Malta, even if they are not themselves citizens of the Union, under

the same conditions applicable to such citizens.

(8) The Principal Immigration Officer shall facilitate the

ad missi on of any fam ily m em be r of a citizen m en tioned in

subregulation (1), if such family member is economically

dependent upon the citizen of the Union, or his spouse, or was

sharing the same abode in the country of origin.

(1) The Principal Immigration Officer shall make a

decision as to whether to grant or refuse a first residence permit, or

whether to renew same, as soon as possible and in any event not

later than six months from the date of application for the permit.

T h e p e r s o n co n c e r n e d s ha ll be a ll o we d t o r e m a i n i n M a l ta

temporarily pending a decision to grant or refuse such application.

(2) Where necessary, the Principal Immigration Officer may

request from a Member State, be it the state of origin of the

applicant or some other Member State, information concerning any

previous criminal or conduct certificate of the applicant.

(3) Where the information mentioned in the preceding

subregulation is requested of the Maltese competent authority by

another Member State, the competent authority shall reply within

two months of receiving the request.

(4) Where an application is refused, the person concerned shall,

unless this is contrary to the interests of the security of Malta, be

informed of the grounds of public policy, public security, or public

health upon which the decision taken in his case is based.

(5) The person concerned shall be officially notified of any

decision to refuse the issue or renewal of a residence permit or of a

decision to remove him from Malta, in which case, the individual

shall be asked to leave Malta.

(6) The period allowed for leaving Malta shall be stated in such

notification but save in cases of urgency, this period shall be not

less than fifteen days if the person concerned had not been granted

a residence permit and not less than one month in any other case.

PART III

Rights of Third Country Nationals

(1) Subject to the provisions of article 6 of the Act and the

following provisions of this regulation, a third country national

may be permitted to enter Malta for a visit the duration of which

shall not exceed three months provided he -

(a) holds a valid passport;

(b) holds a valid visa, as required by the Common

Consular Instructions;

(c) submits, before entry into Malta, documents

substantiating the purpose and the conditions of the

planned visit, as applicable;

(d) has, even if in possession of a valid visa, sufficient

means of support, both for the period of the planned

visit and to return to his country of origin or to travel

in transit to a third state into which his admission is

guaranteed, or is in a position to acquire such means

legally;

(e) has not been reported as a person to be refused entry;

and

(f)

is not considered to be a threat to public policy or

national security.

(2) If all the conditions listed in the previous subregulation are

not fulfilled, a third country national shall be refused entry into

Malta except where -

(a) the Principal Immigration Officer considers that it is

necessary to admit him on humanitarian grounds or in

the national interest or in honour of the international

obligations of the Government of Malta; or

(b) he holds a uniform residence permit or a re-entry visa,

or both as may be required, issued by a Member State,

in which case, he shall be permitted to enter Malta for

the sole purpose of transit; or

(c) he holds a Schengen visa when entering Malta from a

Schengen State, provided that if he is returning to a

Schengen State the validity thereof covers the period

to be spent in Malta and his return to the Schengen

State from which he arrived, or where he is not

returning to a Schengen State he has sufficient means

and documents to cover his stay in Malta and his

onward journey.

(3) Nothing in this Part shall prejudice the application of

special provisions concerning the rights of persons governed by the

International Protection Act.

(4) A third country national who is not required to hold a visa

under the provisions of this Part shall be entitled to enter into and

move freely within Malta for a period of three months, provided

that the Principal Immigration Officer may extend beyond three

months the visit in Malta of such a third country national.

(5) The provisions of these regulations are without prejudice to

th e r ig h ts o f t hi r d c ou nt r y n a t io n a l s u n de r P a r t II o f t he s e

regulations.

(6) Nothing in these regulations shall be construed as

conferring on any person, being a person to be refused entry, the

right of entry.

(1) A third country national shall only be entitled to reside

in Malta if a uniform residence permit for a specific purpose is

issued in his regard.

(2) The provisions of subregulation (1) shall not apply to a

third country national who has been given temporary permission to

reside in Malta for the purpose of the processing of an application

for asylum or an application for a uniform residence permit.

(3) * Without prejudice to regulation 7(3), the provisions of

regulations 5, 6, 8, 9 and 10 shall mutatis mutandis apply to this

Part, so however that a third country national cannot apply for a

licence or a uniform residence permit for the purpose of seeking or

taking up employment; nor may he apply to change the nature of

the uniform residence permit into one empowering him to seek or

take up employment, while he is already in Malta, save as the

Minister may direct in exceptional circumstances.

PART IV

*Not yet in force.

Travel Documents, Visas and Border Checks

Identification at any border crossing point may, subject to

the provisions of these regulations, be made by means of a

passport, a legally valid identification document, or other official

document as may be agreed to among Member States

Provided that in respect of third country nationals,

regulation 11 shall apply.

An emergency travel document issued by the Passport

Officer shall entitle the holder to cross a border crossing point as

indicated in such document.

(1) In general there shall be no border checks on Maltese

citizens and citizens of the Union entering or leaving a border

crossing point provided that this shall not affect the obligation of

any person to hold and carry such permits and documents as are

required to be held. The competent authorities may exercise police

powers under Maltese law throughout Maltese territory as may be

required.

(2) The Minister may by Order, in the interests of public policy

or national security, provide that for a limited period border checks

appropriate to the situation be carried out at the border crossing

point, provided that the Minister shall, at the earliest opportunity,

inform the other Member States.

(3) When border checks are carried out, every person shall be

subject to at least one check carried out with a view to establishing

his identity on the basis of such travel documents as may be

required and in addition, the following principles shall apply

(a) citizens of the Union, including Maltese nationals,

their vehicles and objects shall only be subjected to

random border checks and such checks shall include

the verification of the travel documents and of the

other conditions governing entry and residence

including the documentation mentioned in these

regulations and also checks to detect and prevent

threats to the national security and public policy; and

(b) regular border checks shall be carried out on third

country nationals, including in this case, a check to

establish that the third country national is, where

required, in possession of a valid visa.

(1) It shall be an offence for a person to cross or attempt to

cross the border otherwise than in accordance with the provisions

of these regulations and any person found guilty of such an offence

shall, on conviction, be liable to the punishments contemplated in

the Act.

(2) A person who acquires a residence permit, a residence

document or a uniform residence permit on the basis of false or

wrong information or is privy to such act, or who, having acquired

residence for a particular purpose, changes the scope of his

residence without informing or obtaining the permission of the

Principal Immigration Officer as the case may be, shall be guilty of

an offence and shall, on conviction, be liable to the punishments

contemplated in the Act.

(3) Without prejudice to subregulations (1) and (2), the

Principal Immigration Officer may remove the person mentioned in

those subregulations.

(4) The Principal Immigration Officer may provide for the

proper implementation of these regulations including, without

prejudice to the generality of this provision, the drawing up of a list

of persons to be refused entry into Malta.

(5) Subject to the overriding provisions of law relating to data

protection, the Principal Immigration Officer may require any

carrier to provide him with the name and surname of passengers as

may be entering or exiting a border crossing point.

(1) Where, whilst conducting border checks at border

crossing points, a border officer has reasonable cause to suspect

that a person has committed a breach of the legislation related to

the requirement of proper possession of travel documents, it shall

be lawful for such border officer to stop the said person for the

purpose of ensuring that such person meets all the requirements for

entry into Malta

Provided that a border officer shall not detain any person

except as provided in sub-regulation (2).

(2)

Whilst conducting a border check, a border officer may

detain any person for the purpose of taking him before a police officer

or until a police officer arrives at the border crossing point when his

presence is required at the border crossing point by the said border

officer. A person may be detained for refusing to stop in order to give

all the required information or for the purpose of preventing such

person from entering Malta if he does not meet all the requirements for

entry into Malta

Provided that in such circumstances the said person has

been warned to desist and has not desisted voluntarily.

(3) Any person who refuses to give, or falsely gives to any border

officer in the exercise of his duties, his details and any other

information that may be lawfully required under the provisions of the

law related to lawful entry into Malta for the purpose of conducting a

border control check, shall be guilty of a contravention and shall on

conviction be liable to a fine (ammenda) not exceeding one hundred

and fifty euro (€150).

(1) Without prejudice to the rights of entry and residence

envisaged both by the Act and by these regulations and the powers

of the Principal Immigration Officer to issue a visa at the border as

the case may be, no person who, in terms of the Common Consular

Instructions requires a visa to cross a border crossing point, may

enter Malta without a visa.

(2)

The mere possession of a visa does not entitle its holder to

an automatic right of entry.

(3) The Minister may, by Order, make exemptions from the

visa requirement with regards to -

(a) holders of diplomatic passports, official duty passports

and other official passports;

(b) civilian air and sea crew;

(c) the flight crew and attendants on emergency or rescue

flights and other helpers in the event of disaster or

accident;

(d) the holders of "laissez-passer" issued by certain

intergovernmental organisations to their officials;

(e) persons entering Malta to pursue a gainful activity

during their stay;

(f)

a school pupil having the nationality of a third country

requiring a visa who resides in a third country

exempted from a visa requirement and is travelling in

the context of a school excursion as a member of a

group of school pupils accompanied by a teacher from

the school in question;

(g) a school pupil who is a third country national but who

is legally resident in a Member State and who seeks to

enter Malta either for a short stay or in transit.

(4) Stateless persons within the meaning of the New York

Convention of 28 September 1954 and recognised refugees within

the meaning of the Geneva Convention of 28 July 1951 shall be

subject to the visa requirement or shall be exempted from it on the

same terms as nationals of third countries in which such stateless

persons or recognised refugees reside and which had issued travel

documents to such stateless persons or recognised refugees.

PART V

Miscellaneous Provisions

(Deleted by Legal Notice 307 of 2012).

(1) Any person who feels aggrieved by any decision of the

Principal Immigration Officer or by decisions with respect to the

issuance of residence permits, the issuance of visas or matters of

carrier liability may appeal to the Board as provided for in article

25A of the Act.

(2) The fees payable in respect of appeals shall be taxed in

accordance with the scales of fees stipulated in the Schedule annexed

to these regulations and shall in all cases be levied by the Board.

(1) The Minister may, by Order, extend all or any of the

rights pertaining to citizens of the Union to nationals of such states

as may be prescribed in the Order.

(2)

The Minister may, by Order, exempt any person -

(a) who is a member of the armed forces of a country

other than Malta which are present in Malta under and

within the scope of arrangements with the Government

of Malta; or

(b) who is in Malta in an advisory or consultative capacity

to the Government on invitation of the same,

from all or any of the provisions of these regulations.

By Order made under these regulations, the Minister may

also stipulate the fees and charges as may be due.

(1) Without prejudice to the generality of the other

provisions of these regulations, the following provisions shall

apply to persons lawfully resident in Malta as on the time of the

coming into force of these regulations

(a) any person in possession of a residence permit issued

in terms of article 7 of the Act before the coming into

force of these regulations may be asked by the

Principal Immigration Officer to have his permit re-

confirmed;

(b) if the person resides in Malta for the purpose of

employment -

(i)

where such person is a citizen of the Union he

shall apply to the Principal Immigration Officer

for a residence permit and he shall produce a

licence as evidence of his employment in Malta;

(ii) where such person is a third country national, he

shall in like manner, apply for a uniform

residence permit or residence document, as the

case may be;

(c) the provisions of paragraphs (a) and (b) shall, mutatis

mutandis, apply to dependants.

(2) Without prejudice to subregulation (1), a third country

national who has been regularly resident in Malta for a continuous

period of four years prior to 1 May 2004, excluding periods abroad

aggregating three months per annum or less, shall be required to

apply for a uniform residence permit in virtue of these regulations,

by not later than 31st October 2004.

(3) Regulations 8 and 12 shall apply to any student who is in

Malta as on the date of the coming into force of these regulations,

unless such a student is leaving Malta permanently by the 31st

August 2004.